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  1. IMHO (IN MY HUMBLE OPINION) you need an IMO/IME (INDEPENDENT MEDICAL OPINION/INDEPENDENT MEDICAL EXAM). The difference is that with the exam the doctor actually gives you a medical exam compared to the opinion that the doctor has reviewed both your in-service records and your post service records and gives his/her medical opinion that your current condition/disability is as least likely as not (50/50) probability cause by or the result of your military service. The doctor should give a good medical rationale. Service connection requires the Caluza Elements which are: 1. An in-service event, incident, injury or accident, 2. A current diagnosis, and finally 3. A nexus (statement/letter) connecting 1. And 2 together with a good medical rationale. I agree with Shreck that you should file a disagreement but to win you are going to need a medical opinion that supports your claim. Make sure you note in your disagreement that you filed a claim for your lumbar spine and not your cervical spine. Some ratings just don’t pay close attention to their claim and get the left hand mixed up to their right hand. It is possible to get this corrected, but you are going to have to fight. Please stay around Hadit.com and read and learn as much as you can. The VA fights veterans at every level and there is a lot of information you can learn and please ask any question. I truly think that someone here has been where you are and maybe have some insight of how they overcame that situation.
    3 points
  2. Can you please post the denial minus any Personal information. After reading this, you do not want a New claim for what you put in. You want them to change what was put in as it was incorrect. If you open a new claim the effective date will change. I would have a letter included that shows they did not look at your records and they did not read what you claimed. You can do an HLR, some have had good luck with them and they are a bit faster, but a lower success rate. I have been going with NOD (notice of disagreemetn) as this has given me the best results. We need to see the denial letter to give better adivce.
    3 points
  3. from Buck: "She has Double Pneaumonia and her lungs are both filled as they hope the antionbiotics /durritics start to work she been under the ventilator noe 3 days. with no sign of improvement so prayers are certainly welcome. I can go up there and see her but she is sleep and unresponsevive its sad to see her this way, she was tested 3 times for covid and was all negitive..Thank God, Dr's say she should start showing improvment soon if not they are going to try some other type of antibiotics,,,,we'll see she was scheduled fore her gallbaldder today 9/16/21 but thats all canceled they did remove her drain bag and tubes MRI shows no infection in her gallbladder and its of normal size and the Dr said she can have that surgery at a later date right now they care concerend about the pneaumonia." It is good news that the gallblader infection i gone.But this is a very serious situation. They need many prayers and her doctors should be prayed for too. A friend of mine (Veteran)was in critical condition the last 2 weeks with pneumonia but the doctors are trying a different antibiotic on him, and the news yesterday was that he was imroving a lot. I get the pneumonia shot every year but I understand it does not prevent some types of pneumonia. Still it is protection from some of it- and I ALWAYS get the Flu shot-(but I did get the 4th Quadrant of flu a year ago- that the flu shot did not protect us from. I have a few friends who refuse the COVID Vaccine. Covid is still in this area of NY. They stay at home most of the time.
    3 points
  4. Hi Deetrain Welcome to Hadit. The process takes too long most of the time, and Covid just compounds the delay. You need someone to look at VBMS and see what's going on. If you have a VSO, ask them to look. If you don't have one, or a claims agent or lawyer, you need someone to get some intel. Have you called "Peggy" 800-827-1000? They may shed some light as to the reason for delay? You could put in an IRIS inquiry, which is located on the va.gov website. Get your response in writing. Last resort would be call your Congressman and get him/her involved. This option usually takes a while also. The amount of time taken in the delay doesn't mean good or bad regarding your claim; it just is a by-product of the process. Duty to assist means the VA found an error in their process that they need to consider. That's all. Start shaking the VA tree.
    2 points
  5. Get a copy of the C-File. This is important because if the C&P examiner said you experienced pain in the lumbar/thoracic exam, they should have given you the minimum (paying) rating, or 10%. The same with anything else you claimed originally. The C&P examiner may have stated that it is not likely that the condition is SC, however, there has to be documented reasoning behind all of the determinations. Example is that SM claimed a problem with knee pain, yet there was nothing noted about it in the exam, but the issue was noted in your Service Medical Records. If you claimed the knee, and they ignored the history, then you can make them revisit the decision. Anything you claimed 6 years ago that was not noted on your entrance exam should be SC as long as you had no history of the condition prior to entrance into the service. I take it your claims were made w/in 1 year of discharge, which means all of them should have an effective date 1 day after your ETS. The C-File has all the info that the raters use to make decisions on the claim. This included the reasoning behind the C&P examinations. Collect everything you can get your hands on, including the service records (201 File) and medical records. They all are tools that you need to challenge VA claims when there are errors. If there was an error you will need to document it fully to fix the problem. IF the error was Clear and Unmistakable (CUE) you will get back pay from day 1.
    2 points
  6. Thoracic and lumbar are the same as far as ratings go. If you are already connected, file for an increase- you can't file a new claim since you are already SC, It's just an increase request (or an appeal, more on that in a second). Cfiles are almost all electronic now So they aren't holding up your claim anymore. They used to be actual physical folders that had to get sent all over the place but that started stopping (started stopping?) some years ago. After 6 years it's kind pointless to argue about the doctor now. You could file an appeal on an 0995 but you have to have new and relevant evidence that wasn't considered for the original decision- your new stuff is great but it doesn't support a higher rating for then because it's based on now and not then. So, I'd file for an increase. Could be five deficient joints. You have one thing wrong that encompasses 5 things. Dont over think it. Secondary is only conditions you are trying to connect to an SC condition. I see a lot of vets lately claiming things secondary to all sorts of stuff they aren't SC for. The regs for secondary say that it's a contention caused or aggravated by an already SC condition. I get claims all the time with a 'root' symptom claimed, and then a list of stuff that they are claiming secondary to it- but thats not how it works. The system scans the 526ez when it comes in and they generate automatically- we then go through them and clean up contentions that are mis-spelled or incorrectly attributed as 'new' or 'increase' or 'Secondary' or whatever, based on the actual 526 that we also have as a PDF in your file. So, you upload PDF, system then 'reads' PDF with optical character recognition, but its not 100%, even in the business world. The service itself, or the National Personnel Records Center sends us the records when you discharge, or we request them - its literally a checklisted item-, but sometimes what they send us is incomplete especially when they do it around the same time you are discharged. If you note the records from separation in your claim itself in the remarks, that tells us to look for those and we'll request them again. You're decision letter also should also list all of what was considered. If you medboarded we usually have or get that, too. When you upload documentation we can rate off of it if it is complete enough but we still have to request an extant copy of your records according to Duty to Assist.
    2 points
  7. Due to the fact that you are already service connected for headaches, shin splints and left knee disabilities. All you have to do is to file for an increase in your rating percentages. Keep in mind that you will have to medically prove that your service connection(s) has gotten worst. You are going to need medical records/notes that your symptoms have gotten worst since your last rating decision. You can get an increase in your headaches rating with a headache/migraines log, but the VA will still need a medical opinion that they have gotten worst.
    2 points
  8. Have you filled out or gotten any 21-4192s? If you are being considered for TDIU then we will ask for the last 5 yrs of employer information from you so we can send them to your employers. As for how long it takes, it depends on how fast your prior employers respond (or don't). We make 2 attempts over 30 days or so. You may still get an examination for TDIU, or it may be a records review- hard to say without seeing the claim itself.
    2 points
  9. As many of you know, most VARO decisions, which go to the board are remanded or awarded. This means more VARO decisions are wrong, than are correct...at least those which reach the BVA. In other words, the VA is operating at about 20 percent efficiency. That is, they mess it up about 80 percent of the time. You may just as well accept that. This is why Vets sometimes need to "go to the community" for help. One place: Area Agency on Aging. You can find the AAA in your area by doing a search, here: https://www.usaging.org/ A partial list of things they may help with: 1. Meals on wheels. In my area, people wanting meals on wheels need a referral, such as one from AAA. 2. handicapped accessories: wheel chairs, power chairs, wheel chair ramps, grab bars, etc. 3. Personal assistance. For example, they may be able to direct you to where you can get a maid once a month if you are unable to clean your own home. 4. Transportation to doctors, etc. 5. Much more. Ask em. Often each senior has different needs, some of which VA wont address.
    2 points
  10. Overthere Sorry brother, seems like you have your share of bad. Actually, I'd like to comment on two things for you though. First, we don't like veterans downplaying there disabilities with comments similar to "others have it a lot worse" Every veteran deserves to be compensated for their disabilities and every one is different. If you have the symptoms and you get the diagnosis plus a nexus, submit the claim. That kind of comment discourages veterans from getting what THEY deserve. The other thing is have you ever been diagnosed with that hernia? I'm not a doc, you aren't a doc, and I'm pretty confident the DAV VSO isn't one either. But be careful. You're rated 100% with TDIU, correct. It's been long enough that you could request re-exam to make it P&T if that is something you want.. That said, I'm not sure why you want the new hernia be service connected unless you can mayne get close to SMC's. But get it evaluated, get it diagnosed and repaired whether or not it is s-c. Lastly, maybe we were "looked down upon" back then, and maybe we still are by some. It's a bitter pill but nothing you or I can ever do to change it. So it's ok. Welcome home brother.
    2 points
  11. Hucast21 Congrats! Great job by you. You must be smarter than the average Bear as Yogi used to say. IU is not an easy road most often and recognizing you need extra help is sometimes ignored and it end up costing in time, money and stress. Back pay is pretty sweet too. Don't forget to help out Hadit with a contribution if you can . We want to continue helping others by being resource that helps veterans on their road to compensation.
    2 points
  12. Sounds good, Tbird. The Senior Citizens League has been putting out their projections for COLA for several years and they are among the best in terms of accuracy based on how they do it. They just said last week they estimate the COLA for 2022 to be 6.0 or 6.1%. Hopefully, they are accurate again this year.
    1 point
  13. Welcome aboard shipmate it's been a long while since 34. Glad you found us and hope we can help.
    1 point
  14. 0 is good- er, well, bad as in you don't get compensated for it, but good because now its acknowledged as an SC condition making it easier to raise. The hardest part (IMHO) is to GET condition X SC. After that, whether it gets worse or not is, based on whether it gets worse or not. But getting it on your list of conditions is the hard part. If you haven't (and if your symptomatology warrants it) I would have them look at the headaches, too. The chronic sleep impairment looks like its encompassed with the PTSD. Im rated for hypsomnolence in part because of MDD and in part due to my OSA, so that condition is encompassed under both. I've seen it also classified under Narcolepsey and also circadian rhythm disorder, since its more of a symptom than a condition in and of itself. It's commonly rated under OSA at 30% if you don't have to use a CPAP or Bipap.
    1 point
  15. There would be no reason to "file a secondary claim" UNLESS your doc has opined that your lumbar spine is at least as likely as not due to (an already secondary condition). Ok, so you filed a NOD. Was this a BVA appeal, HLR, or SCL? To "really" find out what is going on, you are gonna need to see your VBMS file, aka efile. It should say. For that you would need either a VSO with VBMS access or an attorney or claims agent with same. It is concerning that you have not heard anything in a year. Did you file it paper, or online? Did you keep a copy of this filing and send it certified mail return receipt requested? One of VA's "favorite things" is to lose your documents. Especially those which prove your claim. In 2008, the VA was caught shredding Vets evidence, and we dont really have any proof that does not still continue. I think it may be harder for them, because, when you send stuff to Janesville, its scanned it and becomes part of your VBMS file. Thus you want to see your VBMS file and see if its there. Yours is a very real problem, which took me 17 years and many appeals to straighten out, and it really never got fixed, per se. However, I did win my benefits back to my filing date, so it was "sort of" fixed. My advice is: 1. File a supplemental claim, citing the date of the nod you filed. (Hopefully you have a copy). 2. Take a look at your vbms file and see if the nod shows up. You may also be able to see this in ebenefits/VA.gov, but those are not reliable, but sometimes better than nothing. Usually you would have at least received an acknowledgement of your appeal. 3. Provided that you have some documentation of when you filed the nod, you will likely have to fight VA tooth and nail for your effective date. However, first get SC, then a disability percent, and lastly dispute the effective date. You can not fight an effective date claim for something to which you are not SC. Shreddergate2: Fortunately, I was a victim of shreddergate 1, so I may be able to help here but need more information, as I asked above.
    1 point
  16. This info from DFAS might help: https://www.dfas.mil/retiredmilitary/manage/taxes/isittaxable/#:~:text=Concurrent Retirement Disability Payments (CRDP,CRDP is also non-taxable.
    1 point
  17. Duster4-60 Welcome to Hadit. From what you have described, it sounds like a typical hearing/tinnitus C&P exam. The doctor doesn't sound like she has much experience related to military noise exposure but the questions are usual. She wants to dig to see if you had outside exposure to noise, such as lawn mowers, etc. You can do a couple things: First, you can complain to the VA about her demenier and interactions right away, and request a re-do. Although she wasn't the best communicator, it doesn't sound like there is anything terrible you can point too. (forget how you feel; you can't express it forcefully enough to get the VA to do another C&P IMHO. You need something more serious) Second, you wait for your decision letter; if you get approved for tinnitus, great. If not, appeal either HLR or BVA or get another private audiologist to exam and submit a supplemental claim. Be sure to describe in your own statementment in support of a claim (Buddy Letter) your exposure experiences if you go supplemental or BVA. The VA examiners may not understand the noise you were exposed to without hearing protection. For your hearing, claim, I would definitely get a private hearing exam to see if you got low-balled. You may have been awarded a 0% rating for hearing. The VA scale for compensation for hearing loss is a high standard, meaning 0% or 10% is usually the award. If you go outside for evidence,be sure the exam is done using the criteria the VA uses. see https://www.law.cornell.edu/cfr/text/38/4.85 You may be better than you think. I'd just wait myself. If denied, get your own evidence and re-submit is your best bet. A 0% rating hearing is better than none as you you can appeal if it gets worse for you. And Tinnitus is 10% or nothing; no higher rating is given out.
    1 point
  18. Get a VSO with VBMS access and they can look into it for you.
    1 point
  19. VA.gov usually gives a status on Supplemental Claims as "we don't know your status." It will stay that way until decision time. It isn't a status at all, just a rubber stamp comment. You may do well or not, but you'll never know on that status update. If you have a VSO, they may be able to look in VBMS and see maybe a clue as to where it is, etc. Maybe "some" info.
    1 point
  20. I had three claims this year, although not supplementals. Two in February and one in May. These were adjudicated on 12 August. Off and on I would ring the VA (the 2411 #) to understand various things posted on the VA and Ebenefits websites. I would fain stupidity, which was well received and they were quite helpful in updating me on the phone. I recommend ringing the VA. I cannot say about ringing Peggy directly (the 827-1000 #) as I am unable to call that from Germany. But give them a ring and ask your questions.
    1 point
  21. Thanks Shrek! That’s kinda what I thought/hoped. The only thing consistent is inconsistency.
    1 point
  22. it all depends on how they are working it. they can act as if it was two different and have not gotten to the 2nd one yet. I have had this issue before. Do not trust those sites.
    1 point
  23. You can try doing an IRIS request, but they sometimes ignore request and sometimes they take forever to respond to your questions. I like to get them to email me because Peggy the 1 800 number will say anything to get you off the line and sometimes, I just plain forget what they say. IRIS Home Page (va.gov)
    1 point
  24. 1 point
  25. If you are a 100% P&T or 100% or TDIU or s/c for Dental and you don’t like the Dental that your VA hospital has you can request to go to Community Care for your Dental and don’t take know for and answer
    1 point
  26. I appreciate you, if anything happens — doubtful — i will let you know. thanks
    1 point
  27. The local VA has been doing this for years and it is getting even harder to find online but here is the Fast letter and what it says: DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420January 6, 2010Director (00/21) All VA Regional Offices and CentersIn Reply Refer To: 211B Fast Letter 10-02SUBJ: Implementation of Board of Veterans’ Appeals DecisionsPurposeThis fast letter provides clarification of the existing procedural guidance for implementation of Board of Veterans’ Appeals Decisions. The instructions provided in this fast letter supersede all prior guidance on this issue.BackgroundIt has come to the attention of the Board of Veterans’ Appeals (BVA) and the Compensation and Pension Service that there is inconsistent processing of claims involving implementation of BVA decisions with partial favorable findings.It was determined that some regional offices (ROs) were delaying implementation of these BVA partial grants until expiration of the 120-day period within which a veteran may appeal to the United States Court of Appeals for Veterans Claims (CAVC). Delayed implementation of favorable BVA decisions is inconsistent with the Department’s long standing pro-veteran position and unnecessarily delays payment of benefits to the claimant.ProceduresGrants and Partial AwardsROs are required to review all files returning from BVA to determine the type of action to be taken.ROs must expeditiously implement favorable decisions rendered by BVA in all cases, including those decisions that may also contain unfavorable findings subject to appeal with CAVC.For processing purposes, a partial grant or an increased evaluation less than the schedular maximum available is considered a “favorable decision.” Partial grants rendered by BVA are subject to expedited processing.Although a claimant may elect to appeal the evaluation assigned by BVA and continue to pursue an increased or total evaluation for the same disability before CAVC, the partial grant should still be implemented immediately.In many instances, the claims file will not be required to complete the grant or partial grant of benefits ordered by BVA.If a decisionmaker needs the claims file to accurately comply with the BVA mandate, he or she should follow the instructions regarding locked CAVC files provided in M21-1MR, section I.5.J.48.e.DenialsDenials of entitlement to benefits rendered by BVA should continue to be processed in accordance with the procedures outlined in M21-1MR, sections I. 5.G.33.c and d.QuestionsQuestions concerning this fast letter should be e-mailed to VAVBAWAS/CO/ 21FL./S/Bradley G. Mayes Director Compensation & Pension Service
    1 point
  28. I think that you have a case, as is. I'd go for direct lane with the BVA. More evidence is , well, more evidence. You can go with what you have and if not successful, re-do again with new evidence. Or, obtain more evidence prior to appeal. Up to you.. There are always many options in presenting a claim.
    1 point
  29. I assessed the decision- but first to answer your question-your retro will be based on the Historic Rate charts that are available here under a search-you will need to subtract from them any comp you have already received. You have more than one EED ( Earliest Effective date- that too must be considered You said: "Here is the rub - 20% disability was taxed and 50% is not." You mean because the 20 is under CRDP? "Will the retropay I am to be awarded include the taxes I erroneously paid for those 11+ years?" That, I believe is an IRS issue but the CRDP/CRSC links I gave you in this thread before can help- DFAS phone # should be there as well. This is my assessment of the decision: The # 1 CUE VA awarded has an EED of June 1, 20O9, the day after your discharge. I feel this is a proper award -and correct EED The 40% is based on the same type of GSW (gun shot wound) that a Vietnam vet friend of mine had - Gun shot wound to thigh ( actually he has 2 Purple Hearts but did want to claim the other one, it was minor compared to the main one.) 10 years after I got him a 100% P & T award ( nothing to do with the GSW award, he took my advise and applied for PTSD- and he got 50% right away. He now get 100% P & T (1151) and SMC.(direct SC) The rating for PTSD is correct, in my opinion. That retro can only go back to April 1, 2021, due to the April 2021 C & P exam. VA said Feb 22, 2021 was the formal date of the claim, but VA used the C & P exam date as the first evidence they had of your PTSD. Others here might suggest you appeal that date. In the other CUE award ( # 2 and #3): In my opinion, that is a proper SC rating. *** The proper EED for tinnitus at 10% seems to be proper (back to date of tinnitus claim) I also believe the additional ratings ( Hip and thigh) are correct. *** The internet limits the amount of information we advocates can have----it would take a good review of ALL of your medical records to determine if some of these ratings are not correct. The DAV, as your POA, might be willing to do that-they got credit for the award- but I suggest you consider using some of that retro for an Independent Medical Opinion on some of the ratings,if you feel the established medical evidence VA had when they made these decisions, was not properly considered. You could file more CUEs on that- Cue, I have repeated this here MANY times, is NOT a "one shot deal" and a CUE can be filed on any decision, I filed Cues on awards letters ( one re: my daughter-a veteran-VA reversed the decision in 3 weeks, and others regarding a decision I got the before I got the denial ( or award) one or two awarded in 3 weeks. I hope the DAV is aware of the regulations in M21-1MR and 38 CFR on that. I think I even posted a jpg my card here from President Trump thanking me for those suggestions to the VA Secretary - which have already helped MANY. I bring that up because in 1998 a vet rep told me I had no CUE basis in a 1998 award letter. Like a dope I believed him but it still bothered me. In 2003 I filed multiple CUEs on the award letter- they were all won... by 2010. My daughter's CUE was with a NOD , I prepared for her tocopysign and send to them, VA Edu, on a award of DEA. The VA Educational Department is an oxymoron sometimes because they failed along with receipt of her DD 214 and their own regulations, in the decision,to properly award her 7 years of DEA. They gave her one month of DEA and the NOD/CUE I wrote was Scathing. Fixed in 3 weeks by VA Edu. I repeat this crap VA pulls from time to time because they get away with this stuff if we dont fight back. VA EDU did pay for half of my degree at AMU so , at that point, someone there knew how to read.
    1 point
  30. "The VHA just cancelled my regular MH treatment appointment" I do not think this was related to a Claim then if it was a regular MH treatment appointment. During this COVID mess they have done that several times to me with several different providers. I have been cancelled by the Dental, Ortho, and even my PCP. Just by calling them up, it was rescheduled. The VHA is really pushing TeleMed now.
    1 point
  31. Your "winner winner chicken dinner" is likely a IMO from a doctor who says your 25 year history of loss of use is at least as likely as not due to (name of service connection)
    1 point
  32. How old are you? If you are over 55, and they do not have a purpose already noted in your C file (like downgrading a 100% rating from a hip replacement), then they should not require a C&P ever again. Exception to that is for fraud or unusual/special issue. I fought a C&P and they cancelled it based on my age. 100% P&T ratings for those over 55 is fairly solid. If you open that door, and they have a reason to do a C&P exam, you could be dropped from the original 90%. Be careful. You did not note why you wanted to dump the TDIU, so I assume that you have been reporting income for that over the years and you may want to work or not. TDIU @ 100% would be granted separately from whatever you got SMC for. The additional rating would have to have been a 60%+ increase above and beyond the TDIU. But pay attention, because if they drop the TDIU, and you still have the 100%, you would be ok as noted above (only a $360 drop). But what if it drops you below 100%, to say, a 60% or 70% disability with no TDIU, plus another 60% (that got you SMC), would NOT give you the 100%. That would be drop of over 1600 per month. Did you consider this yet? If you want to work and keep the TDIU, you must be in a sheltered workplace. Some vets start a business and work from home. They put the corporation into a family members name, and can earn quite a bit that way. OIG report noted that out of 53,500 cases, the VA scheduled unwarranted examinations for 19,800 veterans. 37% error rate in VA C&P exams, so 1 out of 3 C&P exams were a waste of tax dollars. They abuse this. Per the manual:
    1 point
  33. A lot of military members with PTSD/MST were discharged (drummed out of the service) on bogus problems. They generally were discharged due to trumped up issues so commands would be able to ignore rape and assault charges. It was, at the time, looked at as an embarrassment so the swept it under the rug. I would gather up all the medical literature you can get on your diagnosis and reapply to have your discharge upgraded. A lot has changed since 1984. You can do that at the same time you are fighting the VBA. If they reconsider, and take into account your MST as a root cause of your discharge/AWOL status, you should be upgraded to Honorable and that would make the rest of the VBA nonsense moot. The VA recognized that your PTSD/MST existed before you were discharged. The impact of the mental health condition would have to be taken into consideration today, unlike what they did in 1984. Because the PTSD/MST existed while you were in service, they should grant you the upgrade. I would then go after the denial of benefits. You said " In 1981 the VA denied all benefits because of the discharge they said my service was issued for "willful and present misconduct." You should try to get that decision overturned and they would then have to make a determination on awarding you back pay from 1981. It would be reasonable for you to run away from a traumatic incident like that IMO. Commands were hostile to rape victims in that era.
    1 point
  34. There is this CUE as well- On page 36 of the VBM of 2020-2021, NVLSP ( National Veterans Legal Services Program) states that "under the current process"VA MUST obtain all inservice personnel records ( aka 201 files-USMC USN- other branches Personnel files- no code I know of )and any DD 4458 forms (were you court martialed and do you have a copy of the transcript ) and they reference this at 38 USCS 5303(b) in situations like yours. Were you court martialed and if so, do you have copies the transcript. The DROC in Washington DC made a decision that I believe holds a CUE as well as the one you got from the VARO Montgomery decision . The DRO cited 38 CFR 17.109: "§ 17.109 Presumptive eligibility for psychosis and mental illness other than psychosis. (a) Psychosis. Eligibility for benefits under this part is established by this section for treatment of an active psychosis, and such condition is exempted from copayments under §§ 17.108, 17.110, and 17.111 for any veteran of World War II, the Korean conflict, the Vietnam era, or the Persian Gulf War who developed such psychosis: (1) Within 2 years after discharge or release from the active military, naval, or air service; and (2) Before the following date associated with the war or conflict in which he or she served: (i) World War II: July 26, 1949. (ii) Korean conflict: February 1, 1957. (iii) Vietnam era: May 8, 1977. (iv) Persian Gulf War: The end of the 2-year period beginning on the last day of the Persian Gulf War. (b) Mental illness (other than psychosis). Eligibility under this part is established by this section for treatment of an active mental illness (other than psychosis), and such condition is exempted from copayments under §§ 17.108, 17.110, and 17.111 for any veteran of the Persian Gulf War who developed such mental illness other than psychosis: (1) Within 2 years after discharge or release from the active military, naval, or air service; and (2) Before the end of the 2-year period beginning on the last day of the Persian Gulf War. (c) No minimum service required. Eligibility for care and waiver of copayments will be established under this section without regard to the veteran's length of active-duty service. (Authority: 38 U.S.C. 501, 1702, 5303A) [78 FR 28143, May 14, 2013] 38 CFR § 17.109 - Presumptive eligibility for psychosis and mental illness other than psychosis. | CFR | US Law | LII / Legal Information Institute (cornell.edu) But this regulation does not seem to apply to you?????
    1 point
  35. Nice info, Pwrslim. Good research.
    1 point
  36. You posted: You have to get a Written decision first. Words dont mean a lot with VA. They can tell you the moon is made of green cheese and the green men are printing your money and it will arrive via UFO. I know its disappointing to first find out "VA lies to you". They assume all Vets lie to them, and require verification of every word you say. Therefore, since they assume you are lying, that means its ok to lie TO you. Tatoo this on your arm so you dont forget. "You can not trust everything every VA employee or VSO tells you." All this said, some Vets get their retro before the written decision. But that is likely because the written decision arrives via snail mail, and your money is deposited electronically (much faster than mail). It is "possible" you have been mailed a written decision, however, and it did not arrive. Ask your wife to ask your VSO to see the written decision, if it was sent 7 months ago, your address may not be correct. Did you change banks? Are you still getting MONTHLY compensation deposited?
    1 point
  37. I fought VA all the way to the BVA for this A&A win beginning in summer 2018. When it was returned for rating in February 2020, Houston RO screwed up the SMC entitlement and effective date. It's taken me since 2/25/2020 just to fix this SMC rating. VA purposefully attempted to misconstrue what it was we filed for like a Three Stooges comedy routine. On Wednesday, I sent an email in VBMS to Denis the Menace McDonough, USB Tom Murphy, the Nebraska Director, every Tom, Dick and Jane DRO, Coach and rater who had even touched it and told them they didn't know how to do their job. I explained what is written in this CUE in one-syllable words so they could understand. They declared CUE Friday morning and then more in the PM. It was promulgated at 1659 Hrs last night before they turned out the lights in Lincoln. From February 2018 to August 27, 2021. Folks, that must be some kind of VA land speed record... On August 23, they denied based on he wasn't permanently bedridden. They cited all of §3.350(c) and said he didn't qualify for it. No mention of §3.350(f)(4). There's no business like CUE Business.... Redacted CUE on SMC M & EED.pdf Redact 8.23.21 RD denial.pdf
    1 point
  38. In 1929-1932 America was paralyzed by fear. A great leader stepped up and said: I never waited 20 years, I also did not wait 10 years. I kept applying/appealing until I won. The VA saves a lot of money in benefits based on this "Fear of reduction". Instead of fear, read the CFR's, especially: Somebody please point out where it says, above, "Dont poke the bear", "if you apply for an increase you will be reduced instead", or anything even close.
    1 point
  39. Harry59 You're good to go, Buck is right. After 20 years, the only way they reduce would be due to fraud. If you have additional evidence of having symptoms for 20 years, how would they possibly show your original award was based on false info? Just about impossible. Go ahead and file. In fact, if your symptoms affect your earning income, after 20 years, put in for TDIU if it fit your situation. But in any case, you are good to go. Good luck.
    1 point
  40. I agree well I am like this. I am taking there delay tacks all the way to federal court if I have to do it pro se. 8 or 9 comp exam I never seen a federal case that address this. I just don't feel it's legal. I am not the only veteran with 8 9 comp exam. It a law against this call developing to denied.
    1 point
  41. The VA uses "everything" as a delay tactic. Remember, the longer they delay it makes them money no matter what, in every case. For example: 1. If they delay long enough, the Veteran dies or becomes too sick or to ill to continue appeals. The VA wins. 2. Even "if" the Veteran eventually wins all the benefits, he gets paid at yesteryear rates. This means Vets lose the interest their money would earn. Of course, VA loans "charge" Veterans interest, but the Vet gets no compensation for lost interest. The VA has serious financial incentive to delay you as long as possible. I wish I could delay my creditors 20 years, then finally pay..no interest. I guarantee you wont get away with that with creditors or the IRS. With the IRS you pay interest and penalties. With VA its the Veteran who pays the penalty of VA delays.
    1 point
  42. LHI is Logistics Health Inc. They've been doing C&Ps for a long time. NPs are qualified for ortho exams, they aren't just general practitioners. You can be an NP just for Ortho. Most of the difference between NP and an MD is the number of clinical hours before licensing. NPs need 500 to get licensed in most states, but after that they still practice and acquire hours just like any other medical person, on top of the required continuing education to remain licensed. Many people can't afford to become doctors and become NPs because they don't have 6 digits of debt when they are done. Supplemental claims can't be combined with a new claim. There are supplemental claims for increases, or supplemental claims for new contentions that are not an 'initial claim' (the first one that you file, ever). They are called supplementals and have an end product code of 020. Supplemental appeal claims are 040. You may have two running at the same time but they won't be combined, unless the phone person meant that the exams would be combined at one location. They are not VSRs and can't see much in your file, they don't have the same clearance. They also don't work on claims. Were you diagnosed for PTSD, or did you ever file for PTSD? Because the decision that you attached in your other thread was not a rating decision, it was a character of discharge decision. The only thing that decides is if your service characterization is eligible for benefits. It is not a contention claim.
    1 point
  43. Well, SMC S, is about 360 per month. I would not give that up "unless there is a compelling reason". One possible compelling reason: You feel you can work, at least some. If you have tdiu you report (work income) each year AFTER the year is over. Therefore, my advice is: "If you want to work, and are able, do so". Then, at the end of the year, report to VA your work income on the applicable form. "Let them" remove or "moot" Tdiu if they so choose. I doubt they will, but they might. One reason to do it this way. If you are trying to work, and have not worked in some time, well you may not know if you are able until the year is over. Its one thing to work "one day" or even a week. Its another thing to go to work each day for a year. If you try to work, and are unable then you have not lost your SMC S. You report to VA your income "after" 12 months. You dont have to tell them you went back to work, but you can.. I would wait a year, working, then report the income, as required. Dont deceive VA, but you dont have to report to VA each time you tinkle. Let the VA do their job, reminding you that they dont always do it that well.
    1 point
  44. If you want to work go for 100% if not then just stay with TDIU. 20 years ago I wanted to do something like start a business but having TDIU I could not do it. Now I have 100% but I am too old and disabled to do it. No other reason to get 100% IMO.
    1 point
  45. Are you retired from the military. Did you serve in a combat zone?
    1 point
  46. I would think you are opening a can of worms by do this. First I don't no how long you been tdiu but if it's 5 10 20 year it's has protection. Why remove them. Second I am tdiu pt since 1993 I have never been send for a exam because it pt. Three the 100% could be intertwined with the Tdiu rating can of worms open. I would relax
    1 point
  47. I just came here to post this. Missed it by .....that much.
    1 point
  48. I hope it works out in your favor. The VA has been great most of the time.
    1 point
  49. When you go for a VA C&P you never know how it will turn out. I used doctors who were willing to write IME's. If you get a good doctor who knows how to do an IME for the VA it can be fantastic. If they don't get the picture it can really hurt you. The doctor needs to keep to the script. He can't use in-exact statements about your condition and DX. If you are so disabled by symptoms he/she needs to say so in definite terms. No "Possible This" or "Possible That". He can't say "It seems the vet may be depressed due to his service in Iraq". He has to say "The vet suffers severe depression due to his service in Iraq where he witnessed much death and destruction"....for example. You get the idea.
    1 point
  50. 1. Not usually 2 yes, potentially, because the two systems, body parts are connected. Your medical notes aren’t subdivided by body part so the parts that talked about your notes and hips the first time are still going to talk about your knees and hips now. Unless you have found the one doctor that wrote their notes that way. Even so, your knees and hips are connected so their fates can be intertwined. 3. It’s more than I see a lot of the time, though having more than a one sentence supposition is better. Something led them to say that, there may be more there you just might not know how to read it. I’ve been here a year and a half and I have a small self written dictionary of dr scrawl, in addition to links to websites for the ’standardized’ scrawl that hardly anyone uses completely. There is a lot buried in those symbols.
    1 point
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