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olenavygoat
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Posts posted by olenavygoat
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As for my last response, I'm not certain about the staff infection, do a little research on the internet about it and any related health risks. I would contact your local national VA office about an expedited claim and get to the Social Security office with that note pronto too! I'm not certain that worker's comp would cover you or not, it does with any other employer.
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My god yes man! Get in touch with the rep pronto and have him send an adendum to your claim adding them. If he says he can't, wait until you get the first low-ball offer from the VA, then send in a notice of disagreement adding them as additionally claimed and ommitted items.
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It sounds like it's time to contact your congressperson and ask them to send an inquiry to the VA for an expedited rating/response to your situation be sent to their office and you. Make sure you take in everything. The VA does absolutely hate to get fan mail from a congressperson. They have to stop what they're doing and actually look and respond.
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All it means is that they're looking at all evidence and will probably give you a test to establish your GAF to see if you're trying to bluff them, and if you're not, at what percentage they'll have to pony up on.
You'll have to re-file your taxes from the prior tax years. This tax year you'll need to take your statements with you to your tax preparer.
Not certain where exactly where the recoupment bit is. You can bet they'll not give you a check until your severance is paid back though!
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It sounds like you need to take a trip to the business office or your nearest Veteran Benefits Office. If you are 80% service connected the VA should not be having their hand in anyones pocket, they should be paying for everything, service connected of not at this point.
As forever young points out, you submit a claim as a secondary illness due to a service connected disease. If the symptoms you are having are indicative of a disease they must rate you for them, don't let them tell you different. You can submit a doctor's statement or medical evidence from an accredited source as evidence along with your claim and they cannot dispute it. They may play the game of "let's have you in for a C & P exam", just go along with them, it'll just add to your claim chances. However, if you have a test result and statement from a real doctor, tehy cannot dispute it. The raters are there to make a decision using Title 38 on what is submitted and in your medical records, they are not there to dispute findings of a doctor.
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I can understand your concern about VA math, it's interesting to say the least. Is this an issue of gaining a 100% pension or a test of wills with the VA? It may be much easier to get the VA to first award a TDUI claim at 100%, then continue to work on getting the 100% rating. For TDUI you typically need at least one of the ratings to be 50% and a coupla other s at 30 & 20% showing a total body issue as to why the person cannot work/gain employment.
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There is a web-site you'll want to review for Worl-War-II records;
http://www.archives.gov/pacific/laguna/fin...r-2records.html
I believe you'll find what you're looking for.
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If you retired and are at 50% you are intitled to concurrent receipt payment. I would tick them off and take the denial letter to your congressman and let them get their @?! chewed on. Definitely pursue any and all increase you feel are not accurate as entitled in Title 38.
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Something else I would be finding out is if your parent was in the jungle in Vietnam. Spina Bifada is one of the diseases caused by agent orange and other pestisides our government had dumped on our troops. If this is so, I would go after them!
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The information you seek would be found more quickly via the corresponding services JAG office. I would request that the VA retrieve them under their "duty to assist". If they say they can't locate any such record, then you go to your congressperson.
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Have you been to your congressmans office yet?
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Your dang skippy!! If you didn't miss any dates they are to go back to the date of the service connected item(s) on your original claim submission. I would simply make it clear that although you were disagreeing with their rating decision that that is all the NOD was addressing, something that was incorrectly rated.
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There's a lot to be said for Congressional intervention. It not only receives more prompt action, but usually more positive as well.
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Why? Who is it?
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A local hearing wouldn't hurt. Make sure you have all of your pertinent info with you and in order. Whatever you do, do not tell the mto remand it to the BVA, it'll tie your claim up for 2-7 years for nothing. Also, make sure you actually have an asbestos related illness listed and not just asbestos exposure. Asbestos exposure itself is not a disease nor ratable by itself.
Having a copy of your c-file isn't a bad thing any time. It can help you keep track and keep the mhonest so you know what they've looked at and based their decisions on.
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If all of the facts and figures prove to be genuine and of any substantial amount, I would get on the horn with your local veteranservice officer to request they generate the piece of paper telling the VA that due to your current situation that it would indeed create a financial hardship. This would alleviate you from any additional payment in your current state.
However, like BERTA commented, I wouldn't worry about it unless they state that you actually do owe them. By all means pursue everything affecting you. Had you put in for any independant living expense items via voc rehab yet?
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While they are saying that it is less likely than not, you may still have a chance at a bilateral rating depending on the cause and condition of the other knee. If you have been guarding the right knee putting more weight on the left because of pain from the right knee) it would cause undo strain on the left and cause it to wear prematurely. If you cannot find anything in your service medical record or other treatment records from other source(s) that are within 12 months of you getting out you'll have a hard time getting it service connected.
In this case, you may wish to send the va a Notice of Disagreement. Claim that this is a bilateral condition, as the left knee condition is a "secondary cause condition due to a service connected injury".
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I forgot the most important part; make darn good and sure you make a copy of all your service medical record and keep a notebook on civilian treatments so you can reference them when dealing with the VA raters.
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You make darn sure that a n y problems you have are documented well in your service and civilian medical records. And yes, it will help tremendously. As far as the hot spa for the home, even though it sounds like it makes sense it doesn't mean they'll do it, yah know?!
))). I know someone who has very similar issues and knows about all of the ins and outs. If you will, e-mail me at ole_navy_goat@yahoo.com and pass on your contact info to me and I'll have him get in touch with you. Make sure you put a brief in the body so I remember what we're working on. VA meds kinda helps, but not enough for me to stay focused! -
Your specific question can be answered at CFR Title 38, Chapter 1, Part 4, subparagraphs 7800 thru 7805. To get to it enter www.gpoaccess.gov/cfr/index.html , when it comes up do a search using 38cfr104.7800.
It spells out exactly what is ratable and the rating schedule.
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I'm assuming that you're trying to have your feet service connected for the condition being aggrevated by military service? I'm also assuming that they didn't catch it on your entry exam or they would not have allowed you to enlist. Is there no record of you being examined while you were in service of being diagnosed with flat feet? If they caught the problem in-service you could just change your claim to "service connected" if they say they can't find any record otherwise. Was the problem not identified on your exit exam? How long have you been out?
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Exactly! They did the same thing to me. It would have been better for you had you not been prescribed blood pressure medication yet so that your exam would reflect the true blood pressure readings. B)
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Don't you find it just a titch suspicious that he just happened to be burglerized the day he brought the huge data-base home?
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The VA will always low-ball you the first time or two for whatever you submit for. Are there entries in your military service record referring to depression/flat feet/back pain/migraines treatment, medication and/or any cause/diagnosis?
You definitely did the right thing filing a NOD, never use the Board of Veterans Appeals. They get you tied up and delayed for 2-7 years.
If they feel there is sufficient enough info in your records and what you submit from the other doctors they may just send the rating & SOC back. As another means of delay they'll more likely than not send you the standard letter that they're in receipt of your claim and to submit anything else you may feel is pertinent.
In your next NOD to their next response I would make it abunantly clear what your current working conditions are. If it wasn't going to jeoprodize your job I'd say to ask them if there'd be a way they could decrease the amount of standing and or to provide a reasonable accommodation for you. Then if there were a negative response you would have a good shot at VOC Rehab at a minimum and TDUI if you find in the future that you couldn't work sitting/standing at all.
))). I know someone who has very similar issues and knows about all of the ins and outs. If you will, e-mail me at ole_navy_goat@yahoo.com and pass on your contact info to me and I'll have him get in touch with you. Make sure you put a brief in the body so I remember what we're working on. VA meds kinda helps, but not enough for me to stay focused!
38 Cfr Question
in VA Disability Claims Research
Posted
In your NOD I would include the statement that "this appears to be a clear and unmistakable error".