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  1. Happy Thanksgiving Everyone!!! Enjoy your family & Friends and don't eat to much. I am Thankful to all you guys and hope everyone gets some good news after this Holiday. I am Thankful for what I do have. family and friends and I am still alive. Thankful to Ms TBIRD AND SHE IS A WONDERFUL BOSS AND LADY.& GOOD FRIEND Buck52
    3 points
  2. I was in Bahrain in the early 80s and some other sandpits was hospitalized 24 months later for GERD and diarrhea, that was in 1987. I hurt everywhere as time clicked by. My Gi doc 5 months ago found out that I had picked up Helicobacter pylori the damage done of the years can not be fixed but not being anemic and finally up taking fat soluble vitamins like K, D and calcium sure make you feel just a little more alive. They did not test for this until after two docs got the nobel prize in 2005 and the treatment is the same as amtrax it sucks but worth it.
    2 points
  3. All of my claims have been examined by a NP. I have never had a doctor for a C&P exam. I have won all of my claims except for the ones that were not well thought out on my part to begin with. If you have (had) a condition that resolved itself, with or without meds, and you have no residuals, then it will get denied. Which my denials were. I learned. All of my increases and secondary claims were examined by a NP. I was successful in all of those. Those were easy as I had new evidence from a doctor that showed worsening of my original service connected condition, or the the new c
    2 points
  4. I would have gone to the exams. Then: 1) If the exam is favorable, you are good to go. 2) If, however the exam is unfavorable then you challenge the competency of the examiner.
    2 points
  5. Lighthouse It may have been a good move, but you will never know. If the two exams resulted in favorable exams, you would have won. The favorable decision is the desired result here; you're not interested in receiving medical treatment. You just want to win. Maybe they would have, maybe not. Getting rescheduled to a VA examiner will certainly be a delay in your claim, but it also could result in a unfavorable result. You will find that out. I'm not dumping on you but some might say you took an option off the table. If the outside examiners gave a unfavorable, you could then have the option to
    2 points
  6. Yeah, mine did that, too. The important thing is that she doesn't even have to have the records in her possession. When we pull her OMPF and STRs it will be in there, along with any counseling actions, etc. as a result of it. I was medboarded during Basic for a sort of similar situation (obstacle failed during our final FTX, and I fell 8 feet to the ground while carrying a SINGCARS. Landed in a seated L position, fractured two vertebrae, ruptured 1 disc, severely bulged another). I completed the iteration, the next day, and the road march back to Company. It wasn't until a month later after I
    2 points
  7. This document amends the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (``VASRD'' or ``rating schedule'') by revising the portion of the rating schedule that addresses the musculoskeletal system. The purpose of this revision is to ensure that this portion of the rating schedule uses current medical terminology and provides detailed and updated criteria for the evaluation of musculoskeletal disabilities. View the full article
    1 point
  8. Good answer from Broken Soldier. Go for it. (Assuming you have not filed for back or hips before). If awarded, it could favorably affect the outcome of your tdiu). DO, however, discuss this with your attorney, he knows WAY more about your specific case than we do. Attorney's dont like it real well when you hire them, then do it yourself. Would you hire someone to cut your grass, and then do it yourself? Its kind of an insult, suggesting you dont like the way he cut your grass.
    1 point
  9. Ken If these side issues you have, like tripping (drop foot/ SMC(k) for loss of use?, balance, etc. are not part of the criteria called out on your examiner's dbq, you will have to submit new claims for those conditions. I'm sure they are not. But first, get a diagnosis of them and a nexus letter and then submit a new claim as secondary to your s-c back. I don't know how he will eval your range of motion.
    1 point
  10. 38 CFR 4.2. It is probably quoted under due process. I''ll post when I find it. Probably in my BVA decision. Memory is not so good anymore. Need to get my feet up awhile.
    1 point
  11. Can you please post your cite? I am a little off. 38 CFR 4.42 Does not mention a full review of records it suggest complete medical examination(s) of different body systems which a lot of VA C & P examiner don't do, not even close. 4.42 - Complete medical examination of injury cases. The importance of complete medical examination of injury cases at the time of first medical examination by the Department of Veterans Affairs cannot be overemphasized. When possible, this should include complete neurological and psychiatric examination, and other special examinations indicated by
    1 point
  12. Also, the VA, under 4.42 is require to do a full review of the record and (another section I do not have memorized) make an application for a correction of military records on anything missed on your behalf.
    1 point
  13. It isn't unusual for the back and forth action; happen a lot. If you check "letters" in VA.gov it can show a change in your ratings. Also, ebenefits under rated disabilities. I had a change the day after the decision was made but the hard copy can take 7-10 days. Also, assuming you have direct deposit, the deposit for back pay can be in your accout in as little as 2-3 days. Best of luck.
    1 point
  14. I only found so far, one asbestos vet at the BVA who had a lung biopsy: "This veteran had a lung biopsy by the Mayo clinic but " The report notes that a specific diagnosis of the needle biopsy was unable to be made. The Veteran underwent a lung wedge resection of the nodule which revealed an old " etc." His claim was denied , https://www.va.gov/vetapp16/Files1/1605020.txt The DAV SO might be right but he needs to back that up- because I assume you do have a firm diagnosis of asbestosis and/or mesothelioma.
    1 point
  15. Bwilson You do not have to pay a lawyer 300 per hour to upgrade your discharge. Instead, contact NVLSP, and, they do it free. Source: Lawyers Serving Warriors https://www.nvlsp.org/what-we-do/lawyers-serving-warriors
    1 point
  16. AFTER TWO YEARS IN THE VA IPL PROGRAM - I HAVE HAD ENOUGH! THESE PEOPLE ARE LIKE WHAT MY GRANNY USE TO CALL "USLESS AS TITS ON A BOAR!" HERE IS ANOTHER ORGANIZATION @ THE V.A. THAT NEEDS TO BE CUT, PRESIDENT TRUMP! SAVE THE TAX PAYERS SOME MONIES Sorry for the 'mad' ... as I have HADIT! STARTS @ 11:13
    1 point
  17. Get rid of the VSO and get a certified claims agent. Been there done that. Why does any vet take the beating when dealing with these nice but over worked folks. There are some excellent agents out there. Access to VBMS is very important, It keeps vets from filing the claim on Monday and setting up Guard duty on the mailbox starting on Tuesday. I use John Dorle. Benefitsagent@comcast.net. It does not matter where you are located. VA is now Nation wide.
    1 point
  18. First it is almost impossible to get a back date when we did not disagree or file an NOD only after a claim was filed. A military psychiatrist hand wrote a three page analysis about my mental status and requested that the military to discharge me. I have never had the time to read anything more than let me out in 1970. The CO refused and instead falsely claimed that I went AWOL every week for a year then he had me arrested. The psychiatrist wrote another request for the military to release me in 71 and I was after a Court Martial with a General Discharge that included all benefits. My PTSD was
    1 point
  19. I agree that claims should not affect upon appeal claims still pending and I wish anyone well but I filed for pain in my lower spine in 1990. My claim was denied after I submitted the day the x-ray diagnosed me with a Degenerative condition. I refiled the claim in 2008 after a 2005 x-ray at a VAMC and after a 2007 MRI at another VAMC. My conditioned had worsened causing Sciatica in both feet and other neurological conditions from the Nerve Compression in my neck. I filed a new claim again in 2019 because the VA had not made a decision about my spine or the TDIU until December 2019. Now in 202
    1 point
  20. Stop working and file a claim for increase to the 100% rate based on the fact that all your service connected condition preclude you from gainful employment. Vet Rep PVA...
    1 point
  21. Happy Thanksgiving to all. The year 2020 has been difficult in many ways but as veterans we have witnessed adversity before .We conquered that adversity. Tbird did not have to start Hadit.com. She did. So lets all be thankful to the VA for putting an idea into her mind and fostering a movement that over the years has helped thousands upon thousands of veterans navigate the VA claims process. She has opened so many doors for veterans over the years. She has surrounded herself with amazing people to assist in the guidance and moderation of Hadit.com. We all should be thankful for this webs
    1 point
  22. Best wishes to all on this Wonderful Day and in the future. I hope your prayers and dreams come true. Be safe, be healthy and be happy.
    1 point
  23. It is your call; most attorneys have a no pay unless you win clause, but you do not have to have an attorney at the BVA level. An attorney may win a remand a little faster, but you can submit your disagreement yourself or with your County Service Officer. Either way the BVA will either remand your claim or deny it and if they deny it then you will need an attorney to file with the CAVC.
    1 point
  24. Happy Thanksgiving everyone. I have a lot to be thankful for this year. We found a house so we will be moving soon into our forever home. I am most thankful for all of you!
    1 point
  25. Same to you, one and all. Ne well, be safe.
    1 point
  26. HAPPY THANKSGIVING to ALL, Gobble, gobble, Hamslice
    1 point
  27. You can have regular claims pending while an appeal is going, as long as you aren't claiming conditions related to the appeal . You can do them yourself through VA.gov and upload whatever records you have, or list where youve been treated (private and VAMC so we know where to look) and we can pull the records. Its faster if you submit what you have, but at least if you give us a facility and state (VAMC) or an address and name of provider (Private) It makes looking easier.
    1 point
  28. Lets discuss the "other issues" you filed for. The Veteran is presumed to be seeking the max rating when he applies for benefits. There is something called an informal claim, that was alive and well in 1989. You would need to meet this criteria for an "informal claim for increase" in 1989: 1. You would need it in writing. In other words, review your medical records (in 1989) and see if, when you applied for your other issues, did you also mention, or did the doctor mention a mental health disorder? 2. You need to "show intent to apply". That may be a tough one, for a mental
    1 point
  29. More often than not, that's pretty good advise Hamslice. The VA has a process; to buck the process is not "usual" and therefore cause people to sometimes make poor decisions at the VA. If called for an exam, you go under almost every situation. Not to do so can cause issues out side their normal procedure. If the exam is not adequate, there is opportunity to appeal that. But if you don't go, you can have a really hard uphill battle and waste a lot of time justifying it, even though you may win in the end. Best course of action is usually to go with the flow and play by their rules. Admittedly,
    1 point
  30. If a veteran files a claim within one year after their discharge and VA awards it. their retro will go back to the day after discharge. More info here: https://cck-law.com/veterans-law/are-there-retroactive-awards-for-veterans-disability-claims/ Can you scan and attach here the denial that mentions the disability? We need to see the Evidence list, their rationale for the denial, and what the Mental health disability was. Cover your C file # ,name, address prior to scanning it.
    1 point
  31. So my Voc Rehab counselor called and said they were ready to start purchasing Step stool to get in and out of car Kitchen height adjustable so I can sit at my countertops to prep food. Prescription dispenser with alarm. (I asked for a different one than they suggested so I am waiting to hear.) Lumbar cushion for Van. Lift Chair they picked out PerfectSleepChair.com I don't know if that means I'm getting that one or something similar. Zero Gravity Workstation they are offering this one http://www.ergoquest.com/zero-gravity-workstation-0.html which doesn't acc
    1 point
  32. VA = MADE IN CHINA! When I received these utensils in the mail I was unaware I had Parkinson’s Disease, as that is one of the common ailments among Agent Orange/Dioxin contaminated Veterans. But it came as a surprise to my Primary VA Caregiver last week that I received this shipment. However, I believe, my Ischemic Heart Disease to be a direct correlation to Agent Orange exposure, but at this point, the VA does not! So far I have had a quadruple by-pass and EIGHT stents due to Ischemic Heart Disease as well I have Peripheral Neuropathy, but that recently developed, I believe
    1 point
  33. pacmanx 1 You take things out of text somewhat WE'RE ALL TRYING TO HELP HERE GB Army and me and you. I was only letting ''shrekthetank1'' know what to do to get his Dental started up or how to get into the Dental Clinic I can only imagine Shrek has enough sense as to how to handle covid . And I know Shrek has enough sense to go to the E.R. if he needs to. And to call his VA First I would think he knows to do all of that. during this covid or not. Most VAMC We Veterans need authorization to even go there (During this pandemic) and when you do they usually
    1 point
  34. Brokensoldier is spot on. This 180 days stuff scares away a lot of veterans. It just isn't true. She just has to prove out s-c, like everyone else. If she was md boarded out or discharged for the injury, it would be slam dunk. I got a friend get benefits (50%) for a disability that happened 50 years prior in basic. The problem is many people, including VSO's just repeat this 180 day thing without understanding the rule. If it happens in-service, you are service connected.
    1 point
  35. Buck, due to COVID-19, I would not suggest to a veteran to just show up at any hospital and or clinic unless it is an emergency. The hospital and or clinics are scheduling appointments to keep everyone safe by not having too many people in one place at a time. Shrek just got his award letter so there is no not knowing if he would have problems with these clinics. Now due to COVID-19 there may be issues of how and where to get him in or where to send him, but it is way too early for him to contact the hospital director or assistant.
    1 point
  36. Also Shrek be sure to check what all your P&T Bennies are education allowance for spouse and you can take your award letter to your County Tax Vehicle Registration Office for your car /truck tags...my charges me 3 .00 for paper work not bad because they cost about 80.00 bucks. Property tax is a biggie if you own your home, see your tax Appraisal Office . And be sure to fill out the forms for ChampVA and your free 10.000 life Insurance .
    1 point
  37. When I got P&T I took the award letter that showed I was P&T To the Dental Clerks at my VAMC. if that don't work or they give you a hard time then see the Hospital Director or his/her Assistant. You can write a little note to the Hospital Director in those little suggestion boxes place around the Hospital tell him if the dental clinic is giving you a hard time about whatever and put your email in the note he/she will email you back. They do at my VAMC ANYWAYZ I have two complaints with them (VA Dental Clinic, they scheduled the appointments like 5 to 6 months
    1 point
  38. Shrek prior to COVID-19, once a veteran was granted 100% P & T. All s/he would have to do is to contact the VAMC Eye-Clinic or the VAMC Dental Clinic and after they confirm the veteran's rating, they would schedule the veteran for treatment. Now, I am sure you still have to contact the VAMC but they will either schedule you an appointment to come in or refer you to fee basis which will try to set you up for an appointment with a local specialist. The local VARO has nothing to do with these types of appointments. Yes, if fee basis refers you to an outside specialist there is no cost to the
    1 point
  39. Any service connected disability is covered by VA health Care, with NSC stuff covered with Co pays and priority levels until 50% rated, then NSC stuff is covered full as well. An injury in training qualified for benefits when if 180 isn't hit but she'll have to show off have proof that it happened as a direct result of service. SO, LOD, Sick call, in patient, outpatient records, stuff like that. Was she discharged because of it? If so then that's already done. So she'll have too get it SC too qualify for medical care butt if she med boarded because of this then that will be ready. Her TAP or m
    1 point
  40. Shrek Take the easy way out and just call Peggy. If she is wrong so what.You might get a good direction from her. Or, you could just try the dental or vision folks at your RO and see what they say the process is. You might also want to explore outside the VA for some of those benefits though.
    1 point
  41. Buck I think you will find the criteria for HB or A&A on the dbq the doc fills out. see form 21-2680 https://www.vba.va.gov/pubs/forms/VBA-21-2680-ARE.pdf
    1 point
  42. 3.2500 Review of decisions. (a) Reviews available. (1) Within one year from the date on which the agency of original jurisdiction issues a notice of a decision on a claim or issue as defined in § 3.151(c), except as otherwise provided in paragraphs (c), (e), and (f) of this section, a claimant may elect one of the following administrative review options by timely filing the appropriate form prescribed by the Secretary: (i) A request for higher-level review under § 3.2601 or (ii) An appeal to the Board under § 20.202 of this chapter. (2) At any time after VA issues notic
    1 point
  43. i doubt if the va gives a rating for gambling addiction it is a symptom rather than disability. you can contact your local veterans center and see if they have any resources for you. Join gamblers anonymous and go to the meetings, its a terrible addiction but you can overcome it. you can sign up to block you from going to the casino, most casino's have something like this. if you go back on the boat they kick you off if you show up and they may even get the law involved you'll have to check with your local casino. talk to your doc about it reach out and ask for help, like i said gambling
    1 point
  44. Ducato90 Welcome to Hadit. The best thing to do is to issue a supplemental claim. The examiner may have "sounded like he was sympathetic," but you need to get a copy of what he actually wrote up. Request a copy of the C&P exam. You are not qualified to diagnose your medical opinion and if it is service connected; you need a medical opinion, IMO from a specialist to do that. Without it, appealing the denial will be a waste of time. You're not likely to get that kind of eval from a VA doc, so start researching getting a doc to do the medical opinion.
    1 point
  45. OK, I understand. If you submitted the evidence within one year of the decision you are correct. The only issue is that you will have to file an appeal and it may have to go to BVA and or CAVC. VA is notorious of screwing up the effective date thinking that veterans will not appeal.
    1 point
  46. Looks like you are headed in the right direction.
    1 point
  47. The VA would have egg all over their face if they toss out your nexus "based solely" on the fact your medical professional was not an MD because: 1. The VA uses NP's all the time for c and p exams. 2. If they use them, how can they tell us our NP or otherwise, is no good? You need only show "medical competence" not an MD. This person (IMO DOC) is acting as an "expert witness". My audiologists opinion (she is not a doctor) was sufficient to get me hearing loss. You dont need a MD, but you do need an "expert witness" on the subject. Many medical professionals
    1 point
  48. If a Veteran Service Officer gives information that you question, just post the question on Hadit and see if the opinions match up. Some of the best and accurate information is here. HADIT is awesome.............. .............
    1 point
  49. Wow, I was in ILP and it should be unique to each individual and their disabilities. They should also be coming to your home (didn't happen in mine either) but I fought like the dickens to get most of the things I needed to make my quality of life better. I did have to get a letter for every single item I requested from one of my providers and how it would help me, ridiculous but it didn't have to be my VA providers necessarily and I finally had an outside provider just sign off on things because my VA primary care doctor wouldn't even sign that I wasn't employable, she said that is obvi
    1 point
  50. My Brother Sg. Richard Barnes USMC served with the WTS-37, MWSG-37 3DAW, MCAS El Toro California for 2 years. His military papers are showing this to be factual on DD-214 Form. He enlisted in the service in later 1969 and left the service in 1985. He served with the 37th as a heavy vehicle operator for hangers 296 and 297. He has been sick since leaving the service and has run into many brick walls with the VA. Does anyone here know if R.R.Thrasher LTCOL USMC WTS-37 has any information concerning hanger 296 & 297?
    1 point
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