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rpowell01
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Posts posted by rpowell01
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If the RO doesn't or didn't mention anything about your condition from a doctor's report from the Vetcenter you can request the RO to CUE themselves. They MUST use ALL medical documentation evidence that is submitted. They also must write what is in those medical reports on ANY decision letter. If they don't use those reports when making a decision then that is a CUE. Read the CFRs the answers are in them on issues like this.
To the Regional Offices, all veterans are liars. This is what they are taught and so this is how they make their decisions. I don't care if you have a report from the Surgeon General, you are a liar and they won't believe you.
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Navy you can fill out the student loan discharge application online then they will give you the address on the bottom of the discharge application that you send a copy of your decision letter to.
If you have 100% or even TDIU then you can get just about all your student loans discharged. But remember once they are discharged they will count as income and you will have to pay taxes on them.
Here is a link to explain it better:
http://statesidelegal.org/student-loan-discharge-or-forgiveness-and-military-service
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But a Politician can in fact have an impact on "a" deciding factor for your claim. My step dad (Who is now with Jesus Christ) was a Korean War Veteran. He had so much shrapnel in him that he would setup every metal detector this is. Anyway, he was over at Bay Pines MC for a stay for medical issues related to his service connected ratings. I think he was only like 60% and while in bed a State Vet Rep came in and seen him and ask him what he could do for him. And my step dad said "You can get me some more money so I can properly live right financially"...He really didn't need the money because he was pretty darn rich and had money in the bank. Well about 2 months later he gets a letter in the mail and it stated the VA has upped his rating and gave him TDIU 100% P&T.
So, you tell me how did this happen without him filing a claim for TDIU? Politicians can have an influence on your decision but they don't have the power to speed things up. Its a 50-50 toss up.
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Its been know that going to your Senator can slow everything down. Why? Because if there is a Congressional Inquiry everything STOPs. This happens all the time. Now, it depends how long they answer the inquiry they get from the Senator's office. If they take their time on responding it will slow down your claims and even appeals. I've read articles on the internet about this.
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usdart congrats!!!! You've earned all of it....I am doing the happy dance with you...
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The best thing I found was not to dwell on the issue in your body. Just live your life as much as you can to the fullest and enjoy each day because tomorrow has never been promised to none of us. I came to this conclusion after I was denied last year. Life is too short and more important than to allow these clowns at the ROs to get into your heads. Trust me, I am a first hand product of allowing them to do this. I am not upset they didn't give me the P&T because I know its going to happen in the near future at BVA; they will give me 100% scheduler with P&T or just add P&T to my TDIU.
Just keep your head up and look ahead and don't ponder on your medical issues.
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BERTA, This is what Dr. Bash wrote in his July 2013 IMO, the same IMO that RO used to grant the TDIU
"This illness is permanent in nature and thus is not expected to improve with time."
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This is FABULOUS NEWS!!!!!
And I am surprised that they didnt award P & T because in my opinion these medical statements support that:
"Dr. Bash told me I will have live the rest of my life like this. I didn't understand why. Then about 4 months later my Veterans Affairs Neurologist sat down with me and explained to me why there is not surgical cure for what I have. When a person has DDD and DJD then its called Spondylosis."
Did the VA say why they didnt award this as P & T?
Yes they did they said that its expecting to get better.
If I were you (first ENJOY this victory as best as you can with the Family)
Yes, I am doing just that. I've been a hermit since April 2012 and stuck in my bedroom. I have just started coming out of my bedroom and start doing things since they started giving my percocet back in November 2013.
I would run this by the vet rep who helped you previously, because the T in TDIU is for 'Total" and the P in Permanent is exactly what I feel Dr. Bash and the VA Neuro meant.
Exactly what I am going to do. Dr. Bash and the VA Neuro both told me it's going to be permanent and Dr. Bash wrote that my issues will progress. My VA Neurologist said the same thing but I haven't checked yet if he wrote this on his progress notes. But I will ask to do this in May at my next appointment with him.
I think maybe at this point you could request the P & T prior to filing a NOD on that part of the award.
I was thinking about this and realized I could file a Request for Reconsideration and submit the evidence the RO lacked in using such as the EMG on my legs that shows I have Right and Left Leg Radiculopathy coming from my L5-S1 which alone should give me P&T status.
I haven't even filed the Sciatica yet which I will NOW do because of this.
Did Dr.Bash or the VA neuro document what they told you?
Dr. Bash was very thorough in his documentation. The VA Neurologist was caught in not doing his work. I actually caught him and I send a nice secured message to his department reflecting this. This guy wrote that I was able to do this and that or not able to do this and and he didn't even examine me that day. What he did was copy and pasted a previous appointment notes I had with another person in the same office. When I did that he did a full exam on me and realized my issues were more serious than previously noted and he was the one who started me on the Percocet.
Would you be willing to get an additional IMO from Dr Bash on the P & T if needed?
If I have to I have to and I am willing to. I will ask him or his contact about this. Let me read both his IMOs and see if he wrote this in his IMOs. I thought he did but I can't remember.
Is it possible they committed a CUE in the decision regarding the P & T?
Yes they did by not including the EMG on my legs which was one month before the EMG I had on my arms that they used to make a decision on not awarding P&T IMO...But, they didn't include the EMGs I previously had that showed I have Bilateral Radiculopathy/Neuropathy in my arms....
My pending GCYclaim ( go cue yourself) is based on their violation of 38 CFR 4.6.
Can you explain this one in detail because I don't understand the meaning of this CFR...Confused after reading it.
I was happy with the 6 months retro for 100% P & T but the medical evidence they had (even a letter from a former VA Secretary), clearly revealed my deceased husband was 100% P & T for almost 2 years.
I had about 8 or 9 documented medical and/or legal statements of his P & T status.(This was solely for a Section 1151 stroke he had)
.".I don't care about the student loan forgiveness crap, I am going to pay my bills and not get out on what I borrowed."
My husband had a very small student loan balance when he had the stroke.
I also had,as evidence, not only the documentation from VA Voc Rehab, that his NSC (at that time, then SC under 1151) stroke prevented him from continuing college.
I also had a NYS Dept of Higher Education form ,signed by his VA PCP in his lifetime, that clearly states due to the permanent and total nature of his CVA Stroke, his Student loan balance should be waived. It was. It was only a small amount but I never dreamed when the VA doctor signed the form in 1993 that I wouldneed it not only for my prior CUE award, resolvedin 2012, but also for the request I made on that award, that they correct their CUE in awarding only 6 months of P & T.
For others out there this might help....VA rates major CVAs at 100% for 6 months ,then rates the residuals.
If the residuals still remain at a 100% ratable status (by documented medical evidence) the rating must continue at 100%.
I have seen very few claims at the BVA whereby the veteran challenged the 6 month 100% initial rating.Sometimes the residuals are minor.
Since this was a Section 1151 disability,(and FTCA award) the VA obviously buggered him big time, and caused P & T by their negligence.
You might not even need another IMO Rpowell, if you get a signed Student Loan waiver from the VA neuro or any other doctor you have.
I understand exactly what you mean.My husband appreciated the Student loan and wanted to pay it back himself too.He was having difficulty accepting his SSDI award and the fact that VA said he could never work again or continue college.
Well after reading the rules and policies on this. You only need to have 100% or TDIU and that is it. I've field out the application and I am going to send it in with my evidence to see how it plays out. It doesn't make a difference to me if they do or don't I always pay my bills.
Your dependents will get CHAMPVA which is wonderful, as well as Chapter 35, wonderful too.
Again this is not exactly true Berta. You have to be P&T. That is the key, Permanent and Total to even get ChampVA. Here is the policy: CHAMPVA provides coverage to the spouse or widow(er) and to the children of a Veteran who:
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is rated permanently and totally disabled due to a service-connected disability, or
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was rated permanently and totally disabled due to a service-connected condition at the time of death, or
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died of a service-connected disability, or
• died on active duty, and the dependents are not eligible for DoD TRICARE benefits.
So I can't nor my family can get ChampVA because I am NOT P&T...This is stupid but this is the rules on their website.
I use CHAMPVA and VA paid for the last half of my degree under Chap 35.
These are not awarded under 1151 awards. VA awarded them to me under 3 other direct SC awards..
You did VERY well here.........but I fell they sure owe y0u the P & T and I hope your VSO agrees..and might even consider using the Request that they CUE themselves, if the evidence they had could warrant that approach.
LOL I was thinking about this but they would find a way to say they made a mistake and take away my TDIU..just kidding. I think i will ask for a Reconsideration and point out the reasons why and show them what they missed.
It is explained in our CUE forum.
It worked for me within weeks in Dec 2011 (I got a AO IHD Nehmer denial) and generated the AO and CUE awards by mid January.2012 .
I want to add one more thing. The Vocational Rehab sent me a letter back in mid February that stated they are changing my status to ILP and that I am not able to go back to work. I am going to use this letter as part of my Reconsideration as evidence that shows I cannot go back to work and that I am in the ILP with them.
Thanks for your help Berta...
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Okay well I got it wrong about the Student Loans and P&T...Hmmm I might have to think about this one since the loans are so low anyway. You only have to be 100% or TDIU...
I am going to appeal this thing because they knew they should have given my P&T or 100% scheduler with P&T...This crap in my spine will never get better and there is no surgical cure...
Its all good navy, just get your medical documentation and see them specialists. That is the key. They will tell you things you need to know. Just be careful going under the knife. I just had the CT surgery done on my right wrist and this VA surgeon cut me WIDE open. Oh no he didn't do the two cuts like the new way, this guy had a college student with him so he cut me wide open...The surgery was good and my post op stuff is good even though I will have pain in my upper arm...I am having some weird issue though, I can't grab stuff or pick things up because of shooting pain in my hand where he did the surgery. I know he did the surgery right but I am hoping something didn't happen afterwards to cause this shooting pain when I grab stuff.
Anybody know if this is normal?? Its been about a month a little over a month since I had the CT Surgery...My dad said its going to take a little time to heal...I hope so..
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Nope I just found out navy...Here is how it works. Your VA comp is not calculated in as income for SSDI tax.
Here is the other one. Your kids dependent payments are NOT taxable either and are NOT calculated as income as part of your SSDI income. Only YOUR SSDI income and your wife's incomes are calculated. Here is how it works:
If you are married and file a joint return, you may have to pay taxes on 50 percent of your benefits if you and your spouse have a combined income that is between $32,000 and $44,000. If your combined income is more than $44,000, up to 85 percent of your Social Security benefits is subject to income tax.
So, if you and your wife's income; Your SSDI (just yours not any dependents payouts) and your wife's income is over $32,000 then I would go to the SSDI office and have them take out the percentage you choose. Its something like 7%, 10% and so on. I don't know the rest of the numbers.
Myself we only went over the 32,000 limit by 700 dollars I its not even worth having them take it out. I will just pay it in at the end of the year. It will just minus what I will receive is all how it works.
If you need more help on this let me know. All the information is all on the internet by using google and asking the correct question.
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Just curious about this. I was award SSDI back on January 31 of 2014. Today I as award TDIU. Is our VA compensation calculated in with our SSDI to see if our SSDI is taxable or not?
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Everybody thank you very much. It was a needed lift off my shoulders. They didn't give me P&T but I am going to appeal this because they only mentioned an EMG I had on my arms late last year and didn't even mention the EMG I had on my legs which showed I have bilateral radiculopathy. Do they realize they messed up AGAIN? After one year I am going to file a CUE on this because they MUST use the whole record, not bits and pieces. They know about the Bilateral Radiculopathy in my legs and feet is permanent and I should have been given P&T based on this. Also how often do you see somebody 30% in their neck and 40% in their lumbar spine and not given P&T...The numbers don't add up on the way they gave me TDIU. Don't get me wrong I am happy, happy, happy. But I am not happy on how they gave me TDIU and not including I am P&T.
Without the P&T I can't even get ChampVA which I hope their wording or policy is changed very soon on this. If someone is 100% then they are 100%, period. ChampVA's qualifications says you have to be P&T so if your 100% and not P&T your out of luck in getting ChampVA for your family. This is the ONLY reason why I want P&T....I don't care about the student loan forgiveness crap, I am going to pay my bills and not get out on what I borrowed. This is just my personal belief. Most people who get their loans forgiven find themselves stuck in a rut with the IRS because once they are forgiven you have to pay taxes on the whole amount that was forgiven. Not this boy, I am going to pay them off and pay them off fast.
I just want my P&T!!!! If they give me that with NO further exam I will drop my other claims that I know for a fact would put me in the SMC or K bracket. They know it and I know it. I guess I need to see the VSO I used that helped me with the reduction hearing to see if he can go over there and bargain with me. If they give me the P&T with no further exams I will drop or vacate my appeals and other claims I was about to submit such has Sciatica which they know I have....What do you guys think? Should I bargain for P&T with not further exams or just keep pushing my other claims up to the appeals?
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I was not even expecting this whatsoever. My son brings the mail up to me and I seen this big white envelope. It was from the VA. I opened the envelope and it reads:
"We are giving you this certificate so you may receive commissary store and exchange privileges from the Armed Forces"....
I was not expecting this whatsoever because they were trying to reduce my benefits last year.
They increased my cervical spine to 30% and my lumbar to 40% and left my Anxiety at 50% which equals 79 (80%) then they granted me my TDIU!!!!!
GOD IS GREAT!!!!! I cried when SSDI approved me but I cried more today when the VA finally recognized the severity of my issues in my spine.
I will say this JBasser was the first person I met on this website back in 2010. Things that were happening in my body he recognized as I was calling out for help. He was the person who helped me in this journey from start to finish. Then many others on here gave their opinions and guided me through things that I needed help with such as Carlie and Berta, AskNod who gave me a template for turning in evidence. Then the man himself Dr. Craig Bash. He didn't promise me anything and I asked him to be neutral in his observations, clinical exam of my records and the exam I had with him in person. All I asked was to give me a true diagnosis of what was going on in my spine since the VA radiologist appeared to lowball all the results. Dr. Bash told me I will have live the rest of my life like this. I didn't understand why. Then about 4 months later my VA Neurologist sat down with me and explained to me why there is not surgical cure for what I have. When a person has DDD and DJD then its called Spondylosis. I have it in my whole spine from one accident in the Army which was documented to the day I was discharged. With Spondylosis they can't fuse the joints like DDD because the joints have to move so it will make the DJD actually worse. So I have to live with the pain the rest of my life. Anyway enough of this, its time to go fishing!!! Actually just a metaphor. I can't go fishing because I have no boat and no fishing poles that I use to have years ago...Time to take the family out to the biggest dinner ever!!!!!
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I just read through the decision and it appears they are NOT even done with my appeals just yet such as upper extremity radiculopathy in both arms, lower extremity radiculopathy in my legs, bowel and bladder incontinence...All of these will still be heard at the BVA or will be granted during the De Novo Review. I have already been diagnosed with all of these since my denial so I am NOT done yet. They only granted my IU and increases back to the date Dr. Bash examined me up in Washington DC back on July 1, 2013. O'well I am not going to argue with them on this but only on my other contentions I've appealed.
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Hollis your SSDI could help your TDIU a lot if you are approved because of your SC'd conditions...
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Congrats on your increase...Why not file for TDIU?
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Congrats navy04!!!! Yours went faster than most of ours, wow. Maybe SSA is really working on Vets claims faster than anybody else's like they said they were going to do...I can't say much for the VA thou they are still like mol asses....
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Viper you need to keep telling them about those reports and then report the inaccurate data to the Patient Advocates office. These Doctors are not allow to report fraudulent data on the medical reports. If it was me I would report it to the Patient Advocates office then request a new doctor. You have right to request a new doctor.
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I am on venlaflexine and gabbapentin for over a year. Not sure what the gab does,but it does help me have wacky dreams. I don't notice any bad side effects, but i am only on 600mgs a day.
I'm not telling you what to do but man Venlafaxine is an evil, evil drug. I had the wackiest dreams and nightmares. My sleep was all backwards on this and I actually almost died from it. I would talk with your psych doctor about this because you could be having a reaction to it like I had. Then on top of that do not stop taking Venlafaxine cold turkey because you will regret doing that. That drug is for those who are in nuts houses, not us on the streets. Picture a person who sits there with drool running down their bottom jaw, that was me on that crap. Now I made sure it was on the Do Not Take list the VA keeps tabs on us.
The Gabapentin is a drug that helps the nerve pain. It was originally created for people with seizures but it was found to work with people with nerve damage. The high the dosage the better it helps. Some docs will say 3600mg is the max but its not. There are people who take 5000mgs a day of it. I take 3900mgs and it helps a lot.
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Well since my last post on this they have changed the hydrocodone/Vicodine to Oxycodone/Percocet and it works better than anything else I've taken. Yes I get constipated and it feels like I've had had 10 babies in the past month but I do take some softeners or I take a laxative once every two weeks.
My PCP was concerned I would get addicted and I have proven him wrong. Everytime I get constipated really bad I clean myself out and when I do that I don't take the Percocet. Yes my pain levels go sky high like it use to but I don't have an addiction to it.
So, I've done some research and people who have chronic pain and live with chronic pain does NOT get addicted to pain killers. They become DEPENDENT and not addicted. That is two different things. What has happened is people who have pain these doctors just gives out these pain killers but once their pain leaves they become addicted and that is where the problem is at. A person who lives in pain everyday doesn't get addicted because they don't crave the pain killers. They take them to bring down the pain levels where a person who is addicted takes them to get a high. I don't get high on them, I get relief. Two different things.
So, the next time your PCP or any other doctor tells you that you might get addicted you tell him to do some research that shows people who have chronic pain does NOT get addicted, period. The stats are online.
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DickC I was approved on January 31 and the judge wrote 18 month review on mine. I have the same issues as you and probably like you they won't do surgery on me because of DDD and DJD. Surgery won't help but make it worse..
Don't worry about the review because they write this on most of everyone and in 12 months you will not even have a review. The review is they will send you a paper and ask you how your condition is going, if it got better or not. Don't worry about it. Just enjoy yourself and go fishing or something else your able to do. Or like me go outside and find something to do like blow leaves around the yard.
Have you receive your official payment notice yet? Still waiting on mine. Hopefully it will be soon because it will help me a ton to get little projects going I need to do to keep my mind busy, busy, busy.
Congrats...
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If you are AO it could be from high PCBs in your system. I would ask for a blood or pee test to see if it high. If so then its more likely from the high PCBs. You would need a Nexus for this unless the type of arthritis you have is on the list for AO exposure.
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Congrats Ryan...
I was B 1/27 and was NBC NCO. I learned a lot from those grunts. They walked and flew in BlackHawks everywhere they went.
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never mind its not MS or even ALS nor anything that comes close to it. WHEW!!!
Subchondral bone is the layer of bone just below the cartilage. With osteoarthritis, there is increased blood flow and other changes that develop in the subchondral layer -- including subchondral sclerosis, subchondral cyst formation, and increased pressure within the bone -- all of which contribute to osteoarthritis pain.
I have OA From C2 down to S1 so its because of the OA....I don't have any cyst either.
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I am sifting through all my progress notes finding some anomalies which are going to help on my appeals. Back in 2011 I had a Coronary CTA examination on my heart and I guess the arteries and such. All that was clear and fine but the radiologist noted something that is kind of bothering me about my thoracic spine:
It reads "There are is subchondral areas of sclerosis involving mid vertebral body endplates."
Then on the findings it reads "Endplate sclerosis involving mid thoracic vertebral bodies likely degenerative however if there is underlying malignancy or clinical concern bone scan imaging may be helpful."
Please do not tell me this is the same as MS or ALS or something similar to these two. Help? My thoracic spine is torn up really bad and I have more pain there than any other place on my body. Feels like somebody has a flame on there and burning it. Appreciate any feedback and help.
Gross Negilance
in Success Stories
Posted
Because you don't receive treatment from the VA doesn't mean they can and are allowed to deny a claim. There is not rule nor policy that states a person must be receiving treatment from the VA in order to have a diagnosis. This happened to me in a way. I have a diagnosis that I feel was so personal that I couldn't tell the VA doctors. But, I had a private doctor (specialist) diagnosis and link it to my service connected issues. So, the VA denied that claim for the same reason as yours. They are NOT allowed to do this and this is considered a CUE. You can are allowed to write a letter to the RO and ask them to CUE themselves even before the appeal deadline date. Most CUEs are filed after the appeal date has run out. In this case you can request a DE NEVO REVIEW with your appeal and ask the DRO to CUE themselves. This is what I would do.