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About conla

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    E-3 Seaman

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  1. Buck52, The one year deadline to appeal was Aug. 30,2018. My DAV VSO talked me into filing for a reconsideration, he said it would keep the NOD and CUE options open. I think I need a new VSO, I joined the DAV just to get better representation, boy was I wrong. I guess now I'll have to try to straighten this mess out on my own.
  2. Berta, They didn't deny the Parkinsons claim ,they combined two separate claims (Parkinsons, Diabetic Poly-Neuropathy)as though they were ONE claim claiming the same symptoms. They stated that clearly in the four pages I posted above. They ignored the VAs Neurologists DBQs and used the C&Ps DBQs that he combined during his exam. I provided them with two separate DBQs from my VA Neurologist and the explanation says they disregarded those and used the more recent C&P exam DBQs. I did not submit a NOD I asked for it to be Reconsidered at the advise of my DAV representative. I now realize I should have filed a NOD like I went in there to do, My mistake I now realize. How do I correct this, my one year to appeal has just expired.
  3. Berta, I am a Vietnam Veteran. I served two years and four months in Vietnam, "67-'69 with the 103rd Engineers. I am now 80% SC and they didn't deny the Parkinsons, they didn't give it a rating due to pyramiding. I had a DBQ from a VA Neurologist with Parkinsons diagnosis with my symptoms rated at moderate, and it pertained to only symptoms of Parkinsons. There was no mention of sciatic nerve problems or any thing pertaining to symptoms of Diabetic Poly-Neuropathy in Parkinsons DBQ. But since I had filed a claim for Diabetic Polyneuropathy with a DBQ for it at the same time ,The C&P Examiner did his own DBQ's for both claims. The C&P examiner was just a GM not a Neurologist. I have access to the C&P examiners DBQ's if needed.
  4. Last year I filed for Parkinsons Disease & Diabetic Polyneuropathy. They awarded me 20% Bilateral Upper and 20% Bilateral Lower Diabetic Polyneuropathy but didn't award a rating for Parkinsons. They claimed it would be pyramiding the bilateral polyneuropathy awards. I can't believe they would try and conflate the two different diseases. Is there any way they are correct in their ruling on this? They are totally different diseases but they both effect the arms and legs (in different ways) they claim it would pyramiding.
  5. John999, why is your CAD secondary to DMII? CAD is the same as IHD and IHD is a presumptive of AO.
  6. In May 2017, the Department of Veterans Affairs proposed a budget for Fiscal Year 2018. If the VA’s proposed budget passes without any changes, it would eliminate TDIU benefits for almost all veterans once they reach the minimum retirement age for Social Security purposes. These veterans would then only receive compensation at the amount corresponding to their total combined schedular rating.
  7. john999, It is not the VA that is taking away TDIU. If the new Federal Budget is passed as is then funding for those over 65 with TDIU awards will be discontinued. If the Budget discontinues the funding for those over 65 with TDIU rating awards then the VA will have no choice but to discontinue TDIU for those over 65. Most people are not aware of what is in the new Federal Budget but should be and do a little research.
  8. I can't find anything that mentions(Always add in your 0% S.C. Too if you get three or more 0% S.C. Conditions that will give you a extra 10%). Is it possible for you to give the link. I have three rated 0% SC disabilities. But they didn't give me an extra 10%.
  9. Buck52, Thanks for the good advise. I am beginning to think it is not worth the hassle when TDIU will be unavailable to those over 65 if the federal budget is signed this year. The reason I was considering an attorney was to get TDIU. Again thanks very much for your input.
  10. Buck52 I understand that Hill & Ponton are very respectable attorneys but the contract they sent me is very concerning to me. Besides the percentage they require up front, it seems to me they are requiring me to (in essence) sign a blank check for out of pocket expenses. I understand they will have expenses for getting documents and other fees but it does concern me when they can turn my case over to other attorneys and those attorneys fees come out of the out of pocket expenses. I could end up owing other attorneys more than I would owe Hill & Ponton. If anyone has had their case handled under this contract please let me know how big of a hit in out of pocket fees you had to pay.
  11. pwrslm, thank you for the advise and link. It is good info to be considered. Although it doesn't answer my unique situation of combining four ratings of one illness. Again if anyone has experience with this situation in particular, please respond. Again pwrslm thank you for your assistance .
  12. pwrslm, I think you are misunderstanding my question. I understand how the rating table figures the overall rating. I have an overall rating of 80% but I don't have a single rating of 40% or higher to meet the TDIU requirements. I do however have a single rating for Peripheral Neuropathy and it is rated bilaterally as follows: 20% left upper,20% right upper,20% leftlower And 20% right lower. Hill & Ponton told me in order to reach the requirement of one SC disability of at least 40% or more, that they would be able to combine the four 20% ratings to get the required 40% or more rating. If anyone understands this and knows if it is true or not please reply.
  13. Can bilateral ratings be combined to qualify for the 100% TDIU requirements? I have 80% disability overall rating but my highest single rating is 30%. I have a bilateral rating that is 20% left hand, 20% right hand, 20% left foot and 20% right foot for Peripheral Neuropathy. I was told by Hill & Ponton that the bilateral ratings could be combined to get to the required single rating. Does anyone know if this true or not?
  14. Thank you guys for your timely responses and good info. And Buck52 the DMII is 20% SC.
  15. How can a vet win a rating while on medication for a condition that he is filing a claim for? If he files a claim for Diabetic Polyneuropathy secondary to DMII and his PC has him on maximum dosage of Gabapentin for neuropathic pain and his symptoms have deminished to the point he can get around without dibilitating pain and he is able to walk into the C&P Exam without a lot of trouble, then the examiner will deny the claim because in his opinion the symptoms don't meet the guidelines for a rating! So should the vet stop taking the pain meds until after the C&P exam?
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