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Showing content with the highest reputation since 04/17/2019 in all areas

  1. 2 points
    "Could negligence be considered as the VA prescribing me NSAIDs for decades instead of in smaller brief periods?" Certainly it the VA knew of the risks of NSAIDS in those links above and how they can cause heart problems. "I assume that for 1151's, it is not best to let the VA formulate their own opinion. Or, if I file and win approval for the regular secondary claim, might that suffice? " Yes, filing as secondary might suffice. If not there is no time limit on a 1151 claim. "I assume that for 1151's, it is not best to let the VA formulate their own opinion. " That's right- they even got a Doctor to opine that my husband died possibly of a cocaine overdose. He (they named the doctor in the decision)was very upset when I called him up- he had no idea the VA had the full 6 page autopsy which included a toxicology report because he was an organ donor. My husband didn't even drink- the only meds he took were prescribed by the VA.Psuedoephdrine for sinus problems which the med recs revealed he did not have, which contraindicated the lisinopril for his HBP which was at the wrong dose.I also proved that the Switch and Swallow they sent him by mail for years was not for what they told him it was for, It was for, as I proved, oral candidiasis ,that he incurred due to high elevates of sugar in his saliva. One more thing to prove he had DMII and the VA knew it. I am waiting for a C & P in which some quack formulated an opinion that was so ridiculous- and did not even consider the opinion I had, that when I get the actual opinion- thought it would be here by now- I am filing a complaint with the WH Hot Line, and with the firm he/she came from. I actually do not even believe a real doctor or anyone with any medical background , did the opinion. I mentioned that to 3 or 4 people in the VA system recently and they did not seem shocked when I said that.
  2. 2 points
    I met a vet here on the older board many years ago and we corresponded from time to time about his issues- and after 35 YEARs he finally succeeded in getting a proper resolve.His claims included direct SC, CUE , as well as an 1151 issue. The BVA reversed a past decision and the cash is in the bank- a Very large retro amount- he has not gotten the formal award letter yet. He dealt long ago with the same RO I deal with and in those days I tried to help him all I could because we both were dealing with idiots at this RO. Maybe the best thing I could do is give him encouragement- and he was as proactive as he could be. He also had a solid IMO for at least one claim. I wish it was not true but ,if we do not know basic VA case law and the regulations that control our claims,and are not willing to fight back, and continue to collect as much evidence as we can, all very difficult for anyone disabled as it is, our claims will be doomed. But this vet I heard from today and I both have received multiple denials in the past yet we never gave up.That is the secret to success-persistence and evidence.
  3. 1 point
    Did you ask the VA contractor when they set up your C&P if they have a closer location? I don't know where you live, but unless you you live in a less populated state such as North Dakota you should be able to get a closer location. When I have been called in the past for my C&P with a contractor while on the initial call they allow me to make changes without it counting as the one time change (I always try to be friendly on the call since I want them to assist me), I have even had them change doctors that I do not like when I receive the initial call. These calls have been with QTC and LHI (they both use the same doctors). But as listed above do not miss your C&P appointment!
  4. 1 point
    Bronco and Shrek are right on. Take their advise and get the time off. If your C&P shows you have a comp hearing loss, if it is rated at least at 10%, you are likely to receive a monthly check for the rest of your life. Miss the exam and you can forget it. By the way, if you have tinnitus, ringing in your ears, and you didn't include it on your claim, be sure to disclose it to the examiner. They could evaluate it at the same time and the results would be an additional 10% disability. The VA doesn't have to be proactve and add it to your claim, but sometimes they do and it saves you time and additional effort. In any case, go to the appointment.
  5. 1 point
    Hello Hadit friends! I am so excited! I logged into Vets.gov today and my husband's rating has finally changed. His migraine percentage was updated to 50% and overall rating to 70%. We have been waiting almost 14 months since the judge granted the increase on migraines. Thank you Jesus! I don't know how long we will have to wait on retro......but we are so happy to see this update!
  6. 1 point
    "How could this be considered a Section 1151 claim?" If it fits into the Section 1151 , 38 USC criteria : In part: "U.S. Code Title 38. VETERANS’ BENEFITS Part II. GENERAL BENEFITS Chapter 11. COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH Subchapter VI. GENERAL COMPENSATION PROVISIONS Section 1151. Benefits for persons disabled by treatment or vocational rehabilitation 38 U.S. Code § 1151.Benefits for persons disabled by treatment or vocational rehabilitation U.S. Code Notes Authorities (CFR) prev | next (a)Compensation under this chapter and dependency and indemnity compensationunder chapter 13 of this title shall be awarded for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death were service-connected. For purposes of this section, a disability or death is a qualifying additional disability or qualifying death if the disability or death was not the result of the veteran’s willful misconduct and— (1)the disability or death was caused by hospital care, medical or surgical treatment, or examination furnished the veteran under any law administered by theSecretary, either by a Department employee or in a Department facility as defined in section 1701(3)(A) of this title, and the proximate cause of the disability or death was— (A) carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the hospital care, medical or surgical treatment, or examination; or (B) an event not reasonably foreseeable; or (2) the disability or death was proximately caused (A) by the provision of training and rehabilitation services by the Secretary (including by a service-provider used by the Secretary for such purpose under section 3115 of this title) as part of an approved rehabilitation program under chapter 31 of this title, or (B) by participation in a program (known as a “compensated work therapy program”) under section 1718 of this title." https://www.law.cornell.edu/uscode/text/38/1151 There is more but that involves FTCA offset stuff. "Can a veteran file both an 1151 and regular/secondary claim for the same issue?" Yes- because we can file under any potential theory of entitlement.One might not work , but another theory of entitlement could. might I had a BVA appeal once that the BVA dismissed as moot. I had filed under two theories, probably under direct SC and also 1151- I have had 4 main 1151 claims. The BVA dismissed because I had won that claim at the RO level and didnt know I could have withdrawn the I-9 appeal. It might have been the initial 1151 DIC award I got. VA fights 1151s aggressively. I didnt have a lawyer or any IMO when I filed my wrongful death FTCA claim. My evidence was impeccable- I have a pro se background, but it was heartbreaking to discover how poorly the VA had treated my husband. He filed a Section 1151 claim before he died. Then Pres Clinton said in a speech that the VA was the best Gov run health care system in the world and my husband thought he better withdraw his claim until I reminded him that Clinton had to be taught to salute- what did he know about the real VA- nothing. I used the regulations for the basis of the claim he dictated to me, and then I used it for my formal DIC claim. It was the same "cause of action" I used for my FTCA claim. My VARO, even with a copy of my settlement with the USA (under auspices of VA) ignored that and denied my 1151 claim again. I did have an offset factor but I still needed a formal DIC award under 1151, when the offset factor had been deducted.I called the OGCand told them they owed me more money-they really didnt but it got their attention. The OGC sent my VARO an order to grant the 1151 DIC. It is almost impossible to get a 1151 award without a strong medical opinion. In your case there have been strong studies as to the negative affects of NSAIDs. "I was recently diagnosed by a non-VA endocrinologist as having Cushing's. I filed a claim earlier this year for it along with a letter from her stating that is was caused by steroids used to treat my asthma and spine issue (both of which are service connected). " That too sounds like a strong claim, either under 1151 or secondary to the asthma if that is SC. ." I asked the cardiologist if Cushing's could be a factor and he said no. However, I found plenty of articles online showing that is can be a factor." I am not surprised at that. One point I need to make as to 1151 claims-there is plenty info here at hadit on them- I proved that VA took "acts" and caused "Omissions of Acts , " that were not consistent with those of the standard medical community for my FTCA and my 1151 claim. Acts and Omissions of acts is legalize and it all meant that no real doctor would have taken the steps the VA did, regarding diagnosis or treatment, even though they ( VA) could have,at some point, properly diagnosed and treated my husband. The result of these acts and omissions of acts caused his untimely death at age 47. The very first peer review they did caused the Regional Counsel to call me up within months of receiving my 1151, to discuss a settlement based on a probative Peer medical review-the doctor who did that agreed with all of my charges on the prime cause of death. But suddenly the RC,the doctor , and the review disappeared and I had to start all over again with the OGC.That was OK- when I found out what the VARO withheld from them I faxed it to them and I won. When I discovered another disability they had malpracticed on-because my daughter insisted I file another claim, DMII from AO, I filed that as a direct SC claim. No diagnosis and no treatment whatsoever from VA. I provided Dr Bash with a timeline and with referrals to specific records and I had a freebee brief opinion from a former VA Neurologist who had left the VA. His entry to confirm diabetes had been crossed out. I could not claim the same death due to 1151 on a different theory than what I had alredy won on. So I filed it as direct SC death. It was the most important claim I ever filed and brought with it numerous other ancillary benefits- even a Chap 35 refund of my college tuition and also the REPS Benefit. No diagnosis and no treatment whatsoever. He should still be alive and here with me on line. He tried to help vets on the old Prodigy web site circa 1990. If you do file either way or both, this will take a strong independent medical opinion. His malpracticed AO IHD heart disease as well was never rated by VA until I won my Nehmer claim-that grew out of a CUE I had filed in 2004, still sitting at my VARO in 2012, set for BVA transfer..... Which should never take 8 years.I call that VARO malpractice. That's OK.I won that 1151 CUE claim anyhow.
  7. 1 point
    Hi Kelly, Wonderful news!!!
  8. 1 point
    Excellent news for you! I'm still waiting to hear about my granted stuff from July 2018. My remand is in prep for decision for 3 weeks now. Doc told me it was service connected so not sure the hold up. I'll just keep going to work until I drop lol. Those headaches are terrible I'm at 30 for them I get em a few times a month and sometimes they last a few days. Take care
  9. 1 point
    There is plenty of recent news on the association of long term NSAIDs use and heart attacks: https://www.health.harvard.edu/blog/fda-strengthens-warning-that-nsaids-increase-heart-attack-and-stroke-risk-201507138138 https://www.mayoclinic.org/diseases-conditions/heart-attack/expert-answers/nsaids-heart-attack-stroke/faq-20147557 and I guess the VA has to issue this warning on every Prescription for NSAIDS: https://www.pbm.va.gov/PBM/vacenterformedicationsafety/nationalpbmbulletin/NSAIDS_and_CV_Safety_NATIONAL_PBM_BULLETIN_080415_FINAL.pdf "I only partially remember visiting the VA cardiologist last week, but do remember him saying the NSAID use is a major factor in having a heart attack. He also said he could tell I had a heart attack by just looking at my EKG." Did he take a notation of that fact in your medical records? In any event this is a strong basis for a Section 1151 claim. Or a claim for disability due to treatment of a SC condition,like what you have- maybe best to file both ways. My husband's initial heart attack,evident when I learned how to read his EKG, was diagnosed as a heart attack by me. The VA called it a sinus infection. It was the prime cause of his death ( under 1151, and FTCA) and a ECHO revealed more damage, but VA never acknowledged it or rated it until I filed CUE in 2004 and then the Nehmer AO RO awarded it, 21 years after he died. Vync said: " If things go downhill, the additional rating might make it easier to qualify for some level of SMC, A&A, or even SSDI." Yes! When you got the 100% did you apply for SSDI at that time? Even though you are recovering, you are being proactive and it is amazing what a medical record review can find. I must have reviewed my husband's VA med recs dozens of times, before I filed SF95 and 1151( he had filed the originl 1151 claim himself) I had to learn all sorts of medical ancronyms and how to decifer handwritten entries, EKGs and ECHOs, as well as to determine the day the malpractice began (Aug 13, 1988 ) and to prove it continued until he died in October 1994.My FTCA involved 3 other malpracticed issues, transcient ischemia , Stroke, and HBP,and then my daughter while still in the Military kept asking me to file for DMII due to AO. I didnt think he could have had DMII until she mentioned a few things to me-that seemed to be symptomatic of diabetes. Finally (I did not want to deal with VA again) I opened the stack of medical records, reviewing them again, many times---and I kept overlooking a crossed out entry. When I realised I might be able to deficer it, it did, it was an entry to" confirm diabetes".The neuro doctor's entry was crossed out by the head cardio doctor at Syracuse-who lied to me about my husband's condition.They had just done an ECHO a few days prior so I asked the cardio doc about it , and he said = after an odd pause= that there was "nothing" wrong with his heart. That pause always bothered me because now I know they were already covering up all the misdiagnosed conditions that occurred at the Bath VAMC. The Echo revealed significant heart disease. It sure pays to make sure you have copies of ,as they are done, your medical records. In my case my daughter's insistence is why I re opened my claim. I won. It was a BVA decision because my RO refused to consider my evidence.I should have cued them( my RO) but I had just started AMU to finish my degree and I knew the BVA would award the claim. Even a family member can often help with reading medical records. Sometimes if something does not seem right- there might be something drastically wrong. Watch your meds as well. They gave my husband contraindicated medications.
  10. 1 point
    Sure, you can talk to your doctor about it. I talked to my VA neurologist about CBD oil. He said it is approved for certain forms of epilepsy. Off the record, he said clinical research is being performed and the potential to treat chronic pain is very promising. This information should help you out: https://www.publichealth.va.gov/marijuana.asp
  11. 1 point
    The BVA made the decision of your claim on April 2, 2019. Letter mailed out on April 11th. And picked it up on the 17th. Denied. In order to establish secondary condition, the evidence must show a disability, which is proximately due to, or the result of a service connected disease or injury (specified in 38 CFR 3.310). We have denied your claim because we connected it to the wrong injury but it was close enough to tell you how to make apple pie cookies or carrot cake cookies if you actually read these things. Laws and Regs applied 38 USC 1110 & 1131 Basic entitlement 38 USC 5107 Claimant responsibility; benefit of doubt 38 CFR 3.1 Definitions 38 CFR 3.6 Duty periods 38 CFR 3.102 Reasonable doubt 38 CFR 3.103 Procedural due process and appellate rights 38 CFR 3.104 Finality of decisions 38 CFR 3.156 New and material evidence 38 CFR 3.159 Dept of VA assistance in developing claim 38 CFR 3.303 Principles relating to service connection 38 CFR 3.304 Direct service connection; wartime and peacetime 38 CFR 3.307 Presumptive service connection for chronic, tropical, or POW related disease, disease associated with exposure to certain herbicide agents, or disease associated with exposure to contaminates in the water supply at Camp Lejeune; wartime and service on or after Jan 1 1947 (Would have been nice to see the Roswell Crash would had better care by those little gray dudes than at the VA, where i tried to get better, to be at Zero %, and they made things worst.) 38 CFR 3.309 Disease subject to presumptive service connection 38 CFR 3.310 Disabilities that are proximately due to, or aggravated by, service connected disease or injury Pub. L. No. 115-55 Veterans Appeals Improvement and Modernization Act of 2017 (Ramp) That said it looks like they made it a tie with my Anaise IMO to a private hospital I went to for an emergency instead of the VA hospital. I'm going to the Court (CAVC)!! So I made an appt last week to talk with Julie this Friday. Already had the local DO specialist to do an IME and waiting for the Heavy Metals Urine Test kit to have him finalize that and submit to her.
  12. 1 point
    Congrats on the Grant. We'll Pray that the remand for TDIU goes in your favor!
  13. 1 point
    It may seem arbitrary that the claim is moving backwards for you but it is not an uncommon thing. After all, this is the VA you are dealing with, so we shouldn't be surprised on any thing they do. It may be a coach or someone noticed it was not developed in a certain area and they decided to do more work on it to make it complete. But it doesn't necessarily mean something bad regarding your claim. As you see over and over on this forum, you just have to be patient and wait till it comes to you. Good luck.
  14. 1 point
    Hello @Indy_CV62_OS, you will find that people here are very honest about the VA. It is a mess and veterans are not treated fairly all of the time. That said I hope you can gain some knowledge here in fighting your case. I have been to the BVA three times but have never gone to the CVA. Some members have. Good luck and God bless.
  15. 1 point
    On October 16 2016 “63Charlie Please contact me regarding Dr. Bash. I am here to assist you in obtaining the work product you require from him. Alice assuredh20@comcast.net” Your reply was on Oct 17th 2016 “Really? You can ask Dr. Bash to refund the $2350 dollars he was paid in good faith by myself. I'll be checking the mailbox.” Alice came here only once and you expected her to know your real name, address, and the circumstances of the IMO? I bet you did not even try to contact her via her email. This was 2 ½ years ago and you are still griping about it? But you yourself did nothing to correct this problem. When you contact Dr. Bash make sure you have a copy of the check ,front nd back, that he deposited....if he even got it. Happy Easter everyone!!!!!!
  16. 1 point
    The good news is you got your award. The bad news is that the VA appears to be holding the cash award until the remand is straightened out. They are not supposed to hold it until the remand is complete but they have been. The only bright side is that it is all money being banked in your name.
  17. 1 point
    Congrats to you and your husband, Kelly! Sounds like it is rolling right along now, thatnk goodness, it was time!
  18. 1 point
    Remember always be your true self. You did great!
  19. 1 point
    Vetquest, Yes, there is also a remand for TDIU. No movement on that as far as we know.
  20. 1 point
    I spoke with my psychologist and went back over the things that happened to me while in the marines and it was hard but she referred me to the MST coordinator at the clinic and I see them Monday. She stated in the notes that my emotional trauma does not need to be verified and was genuine. It gives me relief that they seem to be done trying to think I am lying. Thank you all for your information and support.
  21. 1 point
    We cannot say. Was there a remand with the award? Is there any issue outstanding?
  22. 1 point
  23. 1 point
    Thanks guys, good info. Looks like I'll be getting one of those forms next year. Hopefully I don't get screwed because I sold a baseball card because I needed the money while waiting for TDIU to get approved. Maybe i'm just nervous because i'm new to this thing.
  24. 1 point
    This is an interesting topic for me cause I was just awarded TDIU. The way I always understood it from other posters is that rental income is unearned income/investment income therefore you didn't actually work to obtain that and would not count when the VA cross checks with Social Security just as long as it's reported on your tax filing as investment income and not earned income. I sold a baseball card earlier this year and i have a few baseball cards from my collection that i'm currently selling so I hope i'm right on this. I just don't think you should be forced to save money by leaving your extra funds in a checking/savings account or stashing it underneath your mattress. Inflation would just eat it away. Doesn't make sense to me. Maybe somebody else can chime in?
  25. 1 point
    Thanks for your input, My Voc rehab case manager is in contact with my care providers and agrees with their assessment. I'm in the program for training purposes and he isn't pushing the employment resources until I get the green light from my care providers.
  26. 1 point
    Kudos for bettering yourself. However, It’s a fact. When you complete VOC Rehab? They VA will deem you employable. You WILL lose your TDIU. I think you could argue the rental property issue, but that’s out of my lane.
  27. 1 point
    If your providers say you are not ready for employment I would listen to them. I would hate to see you lose TDIU and then find out you are not employable. As for the masters program I would pursue another that does not have prerequisites. It might not be the one you want but it sounds like the one you want is not attainable at this time. I will say that I believe you are lucky you can attain a degree and have a chance at employment. A lot of us have to realize we will never be able to earn an income again. As for the properties, if they hold no sentimental value I would dump them but then this would be considered income when you sold them so check with the VA about this. Call Peggy and ask if there is someone who can advise you. Someone else on this site may be able to advise you or we should wait to see if @asknodis willing to weigh in on this question. It is complicated.
  28. 1 point
    Comms.AMO@va.gov Here you go 25th. 3 others tried it last night and had a response this morning. I hope you get some relevant info on yours too!
  29. 1 point
    I didn't have Sleep Apnea diagnosed in-service, but I did get SC for PTSD with Depression. I claimed SA as secondary to PTSD medications. I was denied twice, I appealed each time, and the third time was the charm. You can secondary connect OSA to your Mental health conditions, if you're taking meds. Since you also have insomnia, the sleep medication that I'm sure is prescribed to you, to help you sleep; can cause or make OSA worse(aggravate). You can secondary connect OSA also to GERD, but there's not alot of literature that I could find other than the case I believe I provided to you in that earlier post. The URI claim suggested by BDD has to do more with chronic infections. That's what you will need to highlight in your claim. If you had recurrent and chronic respiratory infections well documented in your STR/SMR, and they still occur, you should have a relatively strong claim. [Read through the two articles I am providing at the bottom to give you an idea of which SC condition would make your OSA secondary claim stronger.] GERD&Sleep Apnea.pdf Psychiatric Disorders and Sleep Apnea article.pdf
  30. 1 point
    Glad u stay proactive they try the same think with my retro. Send it to appeal management were they just hold claims. Granted or not. An mist time board state it is to be handle by ro So u sit an wait for arc to send it to ro to handle. Va games smh glad u got movement
  31. 1 point
    I emailed that address yesterday to inquire about my claim, as I've not heard anything since the Aug. 7, 2018 BVA decision that granted me TDIU and SMC. I think the response is encouraging! I hope this reply means that the two minor remands (SC for migraines and sciatica) are resolved, and that I'll soon be hearing about getting paid at the new level. It may take a while to get the retro from 2009, but that will be OK, I don't have big plans for spending it. Good morning Mr.xxxxxx Thank you for your inquiry. Currently, your ARC-Remand w/ BVA Grant is pending 254 days at Lincoln Regional Office (RO). A rating decision is complete, but, according to VBMS, needs rating board attention. On March 15th, 2019, Appeals Management Office (AMO) transferred ownership to Lincoln RO. I have forwarded your inquiry to Lincoln RO and requested their office respond directly to your inquiry. Thank you for your service. Have a great day.
  32. 1 point
    After a long battle, my Marine Vietnam Vet brother has been awarded 100% service connection for schizophrenia. The VA has denied this claim since originally filed in 1982. Even though he had schizophrenic episodes and subsequent hospitalization - it was well past his discharge date of 1971 -- thus no service connection in the eyes of the VA. (Discharged because he tripped over a grenade booby trap and was WIA, I might add). Now 48 years later, the VA has approved the claim. It has been denied at least twice, and I filed a Notice of Disagreement, and was fortunate to include an IMO from a very knowledgeable doctor who is a former C&P Examiner. No doubt this is what turned the tide. I happened to luck upon the Doctor on this HAD IT site! I also converted the processing of the NOD to the new RAMP process - instead of waiting years on end for a final decision. Thank you HAD IT and all the members here that have given me guidance through the years in getting my brother the benefits he earned!
  33. 1 point
    My daughter is in college and takes advantage of CHAMPVA. It really is a great service. In my opinion, veterans should also be made eligible. It's a lot more convenient than driving to the hospital downtown or having to wait for treatment or community approval.
  34. 1 point
    I just got to chime in. The time frame is too long. However, initial changes earlier in the process could help tremendously. 1. I would love to see a class explaining the process conducted every Tuesday at every VA hospital/facility explaining the claims process. Simply, most veterans don't have the best understanding of the process ad this would help tremendously. 2. Next, outsource some of the heavier caseloads to Regional Offices with smaller caseloads. I'm convinced a tired worker is more likely to make mistakes when confronted with large case loads. Mistakes prolong a veterans wait times. 3. Last, hire more workers at the Regional Office. Reduce the individual work loads and have no worker with more than 10 claims at any time.
  35. 1 point
    I cannot say but I hope they get the headaches grant worked out for you now.
  36. 1 point
    I have hypogonadism as well, and receive testosterone from the VA. Im 42 (ugh). While its not had much effect on my depression over all in the last 2 yrs, it has helped my energy levels through the day so Im not completely exhausted from mundane tasks. Quality of life is important but its not a cure all. I self inject, incidentally, its not that difficult once you get the hang of it, and they provide the needles and syringes. I would recommend drawing your dose with a larger needle, like a 20 gauge (still pretty small), then switching needle tips on the syringe and using a 22 gauge to inject. Reason being is that piercing the top of the container to draw out your dose dulls the tip of the needle just a bit, and its noticable when you use the same needle to draw and then inject. Trust me on this. VA used to give me sets of both gauges, for awhile, then they stopped. Not sure why, but in any case you can, for about 20.00 a box of 100, get syringes and needles for self injecting from Amazon without a pharmaceutical license or anything like that. That way I am still able to draw with 1 needle and inject with another. Its pretty simple. I have not had benefits reduced, but depression is long term treatment resistant type so it depends on what yours is and its cause. If you go outside VA it will be at your cost and I don't know what that costs. I get my dosages 2 to a bottle, and I reorder from VA pharmacy online. I take shots once a week. If you have insurance that will cover it, why not, but if you can get it for free from the VA, I would. You'll have to go in every three months or so for the first year so they can monitor your doses and make sure you are compliant with injections (basically, that your levels are static) and that you aren't having any other issues. Keep in mind that if you start taking testosterone your testes will stop making it and it will basically render you sterile. Not 100%, but your S count will drop to the point of being unable to have kids if that is a concern. Your doc should fill you in on all this, too.
  37. 1 point
    UPDATE: I saw a post on another thread with an email address for BVA inquiries. So I figured I'd give it a shot. So I sent an email explaining our appeal info (BVA grant for migraines and remand for TDIU on March 7 2018) and I asked for any information they could provide. I sent the email last night and got a response this morning. See below: Thank you for your inquiry. Your appeal was remanded by the Board of Veterans’ Appeals (Board) to the Appeals Resource Center (ARC) on March 7, 2018. In its decision the BVA granted issues (Headaches) and remanded another for development and adjudication(TDIU). Upon review of the electronic file a rating decision in reference to headaches has been completed. As such, the appeal status is currently listed as “Open”. Please note that after promulgation of this grant, development will be continued for the remaining remanded issues. An email has been sent to the Supervisor to initiate the grant for headaches. Thank you for your service to this country. I'm hoping that this is good news.....the part about sending an email to the supervisor to initiate the grant for headaches. Also today I received a response from IRIS from an earlier inquiry I made. Their response was DIFFERENT than any of the others.....it stated that they could not retrieve the appeal information and that they VARO would be contacting us directly regarding this info..........hmmm....could this mean someone might be working on it?
  38. 1 point
    SMC is a quality of life issue. You assemble it like Legos. Okay. There is no requirement to get to SMC S prior to ascending to SMC L. LOU (loss of use) of lower extremities is one SMC L. If you had LOU above the knees, It would be M. If the catheter causes you to need Aid and Attendance, that is another SMC L. Two Ls advance you to SMC O. If one of the Ls is for A&A, then you get R1. You could have two entitlements to A&A and get R1. The c&p for SMC is basic. You have to prove by medical records you have been dx'd with LOU of two extremities. VA does use the VAF 21-2680 for determinations. I've never heard of a SMC L c&p taking four hours. Generally, you medical records reveal the determination you have been dx'd with the LOU or the need for A&A- but not always. The M 21 states only a VA examiner can make a LOU/ A&A determination. Thus, even if a QTC/VES/LHI doctor says yes, VA can still say no. I am currently in that situation with one of our Hadit members right now. He deserves A&A and they refuse to grant. The good news is the Mariano v Principi decision. If you have a dr. saying yes and VA says no, that's equipoise and by operation of law, they have to grant it. Sadly, I almost always have to go to the BVA to achieve them.
  39. 1 point
    Don't go alone into the jungle.
  40. 1 point
    I printed the Commissary letter and it states the same thing. It also states that no future exams are needed. This is the first time I’ve seen any of my claims like this.
  41. 1 point
    To autumn: Remember, there is a difference between a claim denied and an appeal. A claim denied remains viable for appeal for a year. An appeal is anything you file a NOD on. Once you file the NOD, you have completed the first step of what we call the "substantive appeal" to the BVA. After issuance of a SOC, you have 60 days to take the second step by completing the substantive appeal by the filing of the VA 9. Yes, a rebuttal filing to the SOC will delay the suspense date of 60 days by giving you 30 days from the receipt of a SSOC in which to file the VA 9. The important thing for all to remember is that you can have a claim denied this morning and then put it into the rocket docket to the BVA after the 19th. If it's a CUE, you would gain nothing by having a Supplemental review as you are prohibited from introducing new evidence. Likewise, a HLR, which is no more than a DRO review camouflaged in a new dress, is a dead end as well. I've won two DRO reviews- the Phoenix folks caved in and CUE'd themselves 9 times on a Vietnam Parkinson's disease denial and the second was the CAVC ordering the VA to pay me SMC back to 1994 in 2016. That's mighty slim pickings. I hear from all my fellow VA litigators that the RAMP at the local level is a chimera. Approximately one in five is getting a favorable outcome. CUE claims are excellent candidates for this process. First, you cannot add any new evidence. Second, VA invariably denies all CUEs anyway. Lastly, who wants to take a CUE through the 6-year system to the BVA? When you file a CUE, you are calling VA idiots out for screwing it up. You cannot add evidence so it's a brilliant way to unclog the system. VARO raters use the M 21 and it will almost always yield a denial. The BVA, on the other hand, is a Veterans Law Judge (VLJ) with real legal training. They can ascertain the truth in an unbiased decision. It used to be that VLJs pretty much toed the line and acquiesced to the VASEC and the OGC precedents. This is no longer true. With new precedence coming down from the CAVC or the CAFC almost daily, our legal chances of success in a true courtroom before a real law judge have increased 100-fold since the era of the 60s when the BVA came into existence. In my 30 years doing this, I have found one truth. Many of us look at our claims from our own point of view. This tainted view prevents us from considering whether it's actionable. I always take the devil's advocate stance and try to defeat my client's claim with logic and reasoned argument. If I can, then I won't take it. If it's plausible, I will always be tempted to fight it. Unlike some VA litigators, I keep my caseload down to a dull roar. I will never become a VSO with 250 Vets. 60-80 is more my idea of a manageable number. Besides, I like talking to my clients and sharing their highs and lows. With that number, when a real CUE barnburner shows up, I usually take it. RAMPing up to the BVA is the cat's pajamas in this situation. Why wait in VARO purgatory for years?
  42. 1 point
    I found this document while searching for other information and wanted to share it. I don't know if it was here already or not. I did a search but nothing came up. It is PDF document created but the Disabled American Veterans (DAV) with a list of precedent setting decisions on appeals. The last revision was January 2010 but there is a wealth of information in this document that I think could be of great use to everyone here. http://wicvso.org/mbr_resources/2014_conference_presentations/CAVC_Digest.pdf
  43. 1 point
    I have searched BVA, CAVC, and talked to a few lawyers about this-over the years, and never found anyone who challengd a 1151 decision with this regulation: So I have done that that. My husband was 100% P & T SC for PTSD and also 100% P & T for a Section 1151 Stroke that contributed to his death. I have 4 separate DIC theories of entitlement - 2 under1151 and 2 under direct SC.....my original 1151 DIC was turned into direct DIC in 2009. The OGC Pres Op - written after the 351 moratorium I was in, ( 351 became 1151 in 1997) states in part: .” We stated that “the language and legislative history of [38 U.S.C. § 351] make clear that Congress intended that all veterans’ monetary benefits payable for service-connected disability or death be payable for qualifying disability or death resulting from, among other things, medical examination or treatment in the same manner as though the disability or death had been a result of military service.” VAOPGCPREC 80-90, at 3 (emphasis in original).” And: “. In that opinion, we clarified the statement in VAOPGCPREC 80-90 that “all veterans’ monetary benefits payable for service-connected disability or death” are available for disabilities compensated under 38 U.S.C. § 351. We explained that the statement “was generally intended to encompass all disability and death compensation and DIC benefits,” but not necessarily all other ancillary benefits available to veterans suffering from service-connected disabilities. VAOPGCPREC 100-90, at 2-3. We stated that “section 351 entitlement may also provide entitlement to certain ancillary and special service-connected benefits depending upon congressional intent.” Id. at 3 (emphasis in original).” And: “HELD: "Disability compensation may be paid, pursuant to 38 U.S.C. § 1151 and 38 C.F.R. § 3.310, for disability which is proximately due to or the result of a disability for which compensation is payable under section 1151.” https://www.va.gov/ogc/opinions/1997precedentopinions.asp The word "all" is mentioned twice, underlined as emphasis in the opinion, and does not eliminate any affected veteran or their survivor who is eligible for accrued benefits. My Nehmer decision included an award of CUE for my husband's 1151 IHD and Stroke and appeared to apply this Pres Op to the first 6 months of his 1151 disability- but he had the 1151 stroke 100% P & T for 2 years peioe to his deatgh ( and IHD msdiagnosed, Sced to AO , since 1988)-I filed CUES on all of that. This opinion has never been withdrawn or altered in any way and was prepared by OGC the same year I settled under FTCA. Oddly enough it is not in M21-1MR as far as I know under their 1151 info, and might be one of many OGC opinions, that veterans and their survivors never even know about. I filed multiple CUEs a few months ago- regarding this issue and fully intend to see a positive result. The evidence is from the OGC above, but also involves a 'congressional intent'. VA had a brief statement at their web site for years which seems to have been taken down. It said under their limited 1151 info, that veterans cannot be "deprived"of their 1151 awards but I think many have been "deprived" of the intent of Congress by VA's failure to apply this established VA OGC opinion. If VA has "combined 1151 issues with SC ratings, that to me is a deprivation of "all". My CUEs all involve violation of 38 CFR 4.6 and they have ignored probative evidence within OGC Pres Op 08-97, and copies of the opinion were sent with each CUE. My RO likes to lose , remove from the C file, and/or ignore probative evidence.
  44. 1 point
    I have posted extensive here on this type of claim. Here is a brief run down from the VA. http://www.benefits.va.gov/COMPENSATION/claims-special-1151.asp VA says they have a 1151 form on line now: But this is all I get from VA and this separate link: https://www.pdffiller.com/en/project/81839399.htm?f_hash=d9744d&reload=true What form? None appears at any link. I never used a form for my 1151 claims . The Order of the Purple Heart gives a clear explanation of these types of claims: http://www.purpleheart.org/serviceprogram/Training2013/10-M--1151 Claims-Maria.pdf There are many nuances to 1151 issues, so best to read all that is here in this topic.
  45. 0 points
    I made the mistake of hiring an IMO doctor(BASH) that Hadit recommended to write a medical opinion. The IMO was never written. I lost $2000.00 to this guy. Silly that you would ask me to donate money to this website as BASH still appears on the Hadit Podcasts.
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