Chuck75

One of many things that bother me is that the VA has established a "policy" of not paying retro when "competency" is "in question". A veteran, or anyone else, for that matter, is assumed to be, and generally by law, is competent until a formally recognized process determines incompetency. The fact that a veteran was likely competent during the period covered in part or in whole by the retro pay is not taken into account. Advice I was given in past years was to make any and all claims other than those that might involve "competency", wait until awards including retro were satisfactory, then get into those claims that might involve a competency determination. The VA's current policy of withholding retro pay certainly vindicates the advice!

It seems that this (without reading the exact wording in the letter) is in fact, P&T. The accompanying paperwork should include instructions, etc. to obtain ChampVA for your dependents, life insurance, and educational benefits, as well as how to obtain a "Uniformed Services" ID card for yourself, spouse, and of appropriate, dependents. There are some really convoluted details relating to ChampVA, age, and Medicare. E Benefits will (when up to date) allow you to download VA letters that you can take to various state/county offices to obtain free or reduced fee license plates, property tax reductions, free fishing and hunting licenses, etc. In Georgia, many of the county tax and vehicle offices also insist on a letter from the state veterans dept representative.

I sort of returned to an old hobby that I was into decades ago. RC airplanes! There are RC planes, helicopters, boats, and cars available in anything from the classic wood kits to 90-95% built. It isn't cheap, But, it doesn't have to be expensive either! Since I don't have to pay out a thousand or so each month for medical insurance, I went for it!

Then, if I were you, I'd take a very close look at the physical results to see if something was left out or incorrectly recorded. Some of my less recent VA annual/semi-annual physicals show obvious signs of "gun decking", usually by an NP.

To more directly answer your question - - The VA can award, based upon favorable C&P results. They may attempt to used the C&P date as an EDD date, instead of the appealed decision date. If so, another NOD would be needed. As to why, who really knows. It seems that the VA doesn't even really know what it's doing! I'd suspect that getting "hammered" politically in front of congressional committees about the outstanding number of appeals and claims in general is responsible.

As I understand the process (right or wrong), The VA can do this, unless you filed a written statement to the effect that you want your claim "adjucated" by the BVA with the existing evidence, using "duty to assist" as the reason. Even with the existing evidence statement on file, you would likely end up going to the C&P anyway. In theory, the BVA "should" disregard the C&P results. Obviously, the two edged sword bit applies. Also, given that dealing with the VA has made quite a few veterans paranoid, Be very careful and courteous with a C&P examiner. It would be a good idea to look over the VA's exam guide for the specific condition, as well as the VA form intended for an "outside" doctor to complete. Remember that a VA examiner likely will not be as medically qualified as a board certified specialist. Many of the VA examiners are NPs and PAs. My personal experience with an IHD related C&P (first scheduled on short notice at a distant location), then more recently at an area VAMC, and finally by a local contract outside doctor was beyond the norm. My private doctor (a board certified specialist) had stated in writing that a stress test, such as a treadmill test was extremely hazardous to my continued existence on this plane. So naturally, the VA scheduled stress tests. The VA canceled the VA conducted test when I vehemently complained, and cited the doctor's written statement. The last time around, I showed up at the contracted doctor's door, provided a copy of my doctors statement, and selected medical records. I also asked if his malpractice insurance was current, and also pointed out that if anything untoward happened as a result of a stress test, my survivors would likely file claims, both with the VA, and the state. I'm sure that the outside doctor knew exactly who my doctor was, since my doctor was and is one of those that "signs off" periodic state required update training for certain board certified specialists in our part of the state. The contract doctor declined to do the VA requested testing, based upon "existing medical records". So that C&P exam did not happen either. Finally, the Nehmer review board partially threw out a less than complete VA C&P previously done by a VAMC NP that was actually favorable, stated that no further exams were needed, and awarded based upon "extensive medical records" supporting the claim.

The "DBQs" are the VA's way of accomplishing several things at the same time. The older C&P exam "guides" are/were not being followed, and the VA automated many anyway. The DBQ can also give a veteran's PCP a distinct input into the claims process. Finally, the use of a DBQ as part of an "IMO" helps to standardize such things, make the results easier fo the VA to understand, and give the IMO physician guidance. Too many times in the recent to far past, the VA refused to give any and proper weight to treating physicians opinions and the accompanying medical records. Naturally, history has also shown that the VA regards "safeguarding" government funds a more important goal than awarding veterans proper compensation. Congress hasn't done any better, and has failed to put laws in place that prevent the VA from doing such things as "low balling" claims, improperly denying claims, delaying claims processing, and generally doing seemingly everything possible to make the claim process a bureaucrats wet dream.

I don't know where that came from. With the exception of PTSD (Currently a bit of a problem), The current published regs and laws actually favor an IMO from a "qualified" specialist in the appropriate field. I.E. a board certified cardiologist for IHD. A conflicting VA C&P, if done by a PA or NP, would likely be set aside at an appeal level, or the BVA might order a "proper" C&P. I have seen a case or two that went to the Nehmer review board, who proceeded to say uncomplimentary things about a VA C&P. (incomplete, etc.), and made a statement that "based upon evidence in the records", no additional C&Ps were needed or to be ordered, and then award based upon extensive and a long term history of the condition(s) and even unclaimed "secondaries". I got the feeling that the review board might have been a little peeved at the originating VARO.

That s been an off and on thing for years. Seems they alternate between two different policy's.

When you set up a "direct deposit", the banking laws automatically set up a withdrawal capability as well, in order to "correct" such mistakes. So, the money may disappear as mysteriously as it appeared.

The point is that "VA Math" does not allow a 100% rating, unless a "round up" forces it. Anyone with a 90% SC rating should be "automatically" considered for TDIU, and if they are not "working" as a result of the disabilities, have it granted. Working means that they are generating "substantial income", rather than just a few thousand a year. There are (quite low by today's standards and costs) limits, somewhat similar to those used for veteran's pension eligibility used to determine "substantial". Unfortunately, a "he is working, so he is not eligible" snap judgment by an RO was very common in the past.

The flag to me was ATL VARO. It looks like it's possible that they may have or have had a claim that went through the decision process, and found an "implied" claim that was not worked. They were really bad about ignoring implied claims in the past. Perhaps the Nehmer review board results highlighted this by seeing implied claims and acting on them for the A/O veterans.

NO, but - - - I occasionally suffer from Sinus headaches. Back in the 60's, I used part of the money that a part time job generated to for flying lessons. In the process, I discovered that if I could stand the pain getting there, going to above 10,000 feet for a few minutes, and then decending promptly really helped to get rid of the sinus headache. One or two flight hours or lessons a month was all I could afford at the time.

My experience with the DRO process was that they just "rubber stamped" things, to get them over and done! Seems that the DRO was the RO's supervisor, and signed off on the original denial. This was about three years ago, so things might have changed. That was the final straw that led to hiring a lawyer. The next step is for the lawyer and myself to review the "complete" C file, determine what is really missing, and go from there. I know that some early documents with dates in the late 60's are missing, at least in the copies that were sent to myself and the lawyer. Other documents were nothing but blank pages in our copies.

The "local " (60 miles one way") VAMC says "come back tomorrow".

The log in worked OK this evening 11:00 PM! I guess they fixed something!

First, E-Benefits can be even less reliable that the 1000 number. You really will not know until the VA sends you a letter and the accompanying documents "explaining" the decision.

You can "claim" almost anything! Getting the claim through the system and VA to pay compensation is the difficult and time consuming part! You identified the nexus, and the current problem. Next is to get a written medical opinion (VA care provider, VA C%P exam, and/or from a private physician (IMO) that relates the "nerve damage" to the nexus with the statement (preferably) "more likely than not". It's usually better to have medical records and the opinion submitted with the claim, as it has a faint chance of speeding things up (slightly).

In the thread you indicated that the VA is already treating him. At any time was he hospitalized by the VA in a VA hospital? This can help with a claim if the reason was A/O or service related (the key VA term is nexus). At least there must be some VA medical records in place. That's a start, and you will undoubtedly need to get a copy of those records. This may involve him signing a request, and/or you and he going to the treating facility.

The log in is still flakey! And it's not sending the password reset sequence to my email address

The first thing you will need to do is gather, obtain, whatever, all of his service records, and particuliarly those that show in country service (Vietnam, referred to as "feet on ground") Next evidence of any medical conditions that are first, presumptive, and any others that might be a result of military service. At some point, you will need to obtain medical opinions and current medical records. These can be a result of a claim for benefits for conditions that are associated with Agent Orange exposure, or general military service. The VA web site has information on the paperwork or online application needed to start a claim. The VA watchdog web site, as well as references on this website are/will be helpfull. One of the major problems is the time the VA takes to do almost anything. I suspect you are looking for any available help now, and not a year or so down the road. If mental health issues are involved, a diagnosis of PTSD might be made by the VA. I also suspect that your father has never "registered" with the VA for medial care. This should be done, so that a VA medical file is started. If your father was awarded SSDI for conditions that are on the A O presumptive list, this helps quite a bit, although the VA is not bound by an SSA SSDI determination and award. (Just everyone else in the country!) You should also do a web search of the term agent orange, and look at the related information on the va web site. Some help with filing an initial VA claim can usually be obtained from the state's department of veteran affairs. (Or whatever they are called in your state.) In Georgia, for example, the state's veteran's service reps usually have an office that is either local or near a veteran's location.

The Supreme Court is the only court with full constitutional authority, and getting it to do anything related to the VA is quite a challenge. Congress severely limited the ability of other courts to deal with the VA. Besides, other existing laws can be in conflict, and give preference to government agencies, not the individual, veteran, or company. This puts the whole VA debacle back in Congress's hands, like it or not. Over the decades, it's quite obvious that Congress has ignored the majority of "advice" from commissions, studies, expert testimony, veteran's documented experience, and so forth. Occasionally, Congress sends a "sop" to veterans by making minor changes. The VA's court systems are not truly independent, and also generally biased in favor of the VA, regardless of general language in the law. Seems that the VA has the ability and authority to write regulations and follow practices that limit the effect of the general statements in veterans law.

"Please advise! I will be terminated if I fail to meet the new qualifications!" The post office can make your present job "redundent" as the British say. What benefits are due is beyond my knowledge. If you cannot function in a new job, due to an SC'd disability, that's a new ball game. Assuming you have a diagnosis of PTSD/GAD and the hearing loss, the post office would have to go the disability route, or find themselves in violation of the handicapped/veteran's employment laws, assuming that the unique status of the post office does not somehow exempt them. Or, lie a lot as to why they laid you off. Many employers have used a series of multi-step tactics to lay off experienced and "well paid" workers. 1. Make an existing job "redundant", then transfer an experienced worker to a job that they have no experience with. 2. Transfer a worker again to a lower paid job than the original one, based upon "poor" performance in the new one. 3. The worker may then subsist at the lower paid job, then have it eventually eliminated after some time has elapsed. 4. Or, the worker may just quit, or take any early out payments and quit. Doing this sort of thing can allow an employer to skirt around some of the provisions in the employment laws.

The IHD condition and the "unable to pass" VA doctor's statement, along with the combined 70% should be enough for TDIU. But, I'd question the 30% IHD rating, as it might be a bit low. I don't know how it was arrived at. My personal experience is that a "METS" determination, A dye based radiographic/magnetic study using chemical stress, and a full blown cath (with internal pressure measurments, etc.) study may not completely agree. A "METS" rating based upon the VA's external observable criteria may result in a lesser rating than the other two.