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Lenkl

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Everything posted by Lenkl

  1. Chuck I looked at dads last C&P exam from Sept 2012 he was rated 70% for depression the rater said he managed and was competent to take care of his finance's. Should I wait to here from VA or send them a letter from the DR that his mind has improved since they changed his medicine.
  2. Does it take a DR to state if a veteran is competent or can VA do it themselves, I made a couple statements on my dads TBI claim such as we pay his bills also that he forgets dates. He has never been diagnosed incompetent by a professional.
  3. Thanks jbasser that is the best link I have ever seen also thanks for your input on my post this site always gives good advice.
  4. Now you guys have me worried dad is TDIU also SMC L1/2 I put in for the new T rating several months ago because of his TBI injury I do go over things with him I guess after reading Berta's post he is just not the man that raised me as far as competent every DR stated he is of sound mind. I hope my statements for his T rating does not hurt him what I said was true some days he is out of touch. It would take a medical person to say he was not competent to cause harm I am not a DR. Thanks to you folks I will not push so hard.
  5. Thanks Berta Should I appeal? And just drop the competent issue also do you feel he should be 100% for depression? with all the other problems at hand.
  6. Need a little input I am filing a NOD for my dad on depression due to his TBI injury the last C&P exam left out several issues that were addressed but not put into writing. When we received the increase from 50% to 70% they gave us the reasons he was not 100% we told the examiner we must prepare dads food we also help feed him or he would starve. Also his neatness we bathe and dress him my sister shaves and cuts his hair or he would look like a cave man also his finance matters we pay all his bills he has no idea what is due or how much he owes all these point were discussed with the examiner. Those reasons are why they did not give him 100% This is what the DR. did say Diagnosis 1 Major Depression Disorder axis 1 is X Diagnosis 2 Panic Disorder Axis 1 X axis 3&4 are in the general medical report 5 global assessment score 40 does veteran have more than one mental disorder yes is x Occupational and social impairment total occupational and social impairment is X check all symptoms that apply to vet depressed mood, anxiety, near continuous panic and depression affecting the ability to function Chronic sleep impairment short and long term memory loss flattened affect Gross impairment in thought and communication processes inability to establish relationship suicidal ideation Impaired impulse control inability to preform daily activities then the last is competency can the vet manage his financial affairs he said yes we told that man dad has not been competent for years. Does any one have any ideas how to format this NOD.
  7. Ok put your thinking cap on I am looking for the topic that referred to C&P exams it said that they should rate it by the severity of pain not just movement. I thought Carlie high lighted it.
  8. My dad was thrown from a gun jeep in 1978 he is now receiving 100% for a TBI injury I would file for a TBI rating ASAP.
  9. Carlie, No I have not received anything from DC I called the 1 800 number they said it was on it's way to Washington also went on his E benefit page nothing is stated it looks like it's lost I know I am. Nothing has changed on that page in over a year.
  10. My understanding is you must be rated 100% for a TBI injury also to get the T award you must be house bound to the point of 24 hr. hospital care and or 24 hr. nurse care.
  11. Thank you and yes I to love my life on the farm I pick my father up and with the help of my brother we put him in the truck so he can see the cows our corn bean and hay fields he is at piece for a couple hours. Keep up the good work Lenkl 3rd.
  12. Berta I agree and I will keep all of you posted also the T rating is in effect so any TBI vets put in for it my dads went in January 11.
  13. Berta thank you and yes we have a VSO also the VFW I have stated our VSO is so busy here in Richmond I emailed Mr. Adkins telling him that we do all the grunt work as should be all we ask him to do is look over the paper work and make sure it is order. He does not give us any advice, I learn more here than from him example if you remember my dad is the one I started the T rating topic our VSO never heard of it refused to look into it after we got all the papers together from the doctors as well as the criteria from VA he mailed it to VA Roanoke another example dad is 100% PT for TBI head trauma with loss of balance and severe seizure disorder he also is 70% for TBI depression several other ratings for 50, 40, 30, 20, 10% now he had to know that without two 100% separate rating he did not qualify for a R rating he let us put in for it do all this work getting letters from his doctors and family us running up and down the road just for me to find out from Phil and John on Had it.com that he was at a moot and L1/2 is what he should drawing. So now here we go again with a new claim for the big new T rating our dad has loss of use of legs due to balance he is not paralyzed but cannot walk and has a VA power wheel chair we pay and hire round the clock care to feed and bathe him. This new rate will help all severe TBI veterans. As for Pete's remark what is a VSO job if not to give good advice and look over paper work to shorten the time frame my family farms we are not lawyers sir.
  14. Called Roanoke today it took over two years to get my form nine after making my appeal now I was told it will be 580 days or more before I hear from Washington how is this time frame fare for me or any other vet in need.
  15. I hope someone can help our family, Our family put in for a increase for depression a year ago the VA gave a increase of 70% the reasons they did not go to the 100 are the main reasons we were there incompetent loud outbreaks impulse disorder are the reasons we went in. They said that is what it takes to get a 100% so here goes a NOD and God only knows how long this will take. Here is a list of his ratings 100 complex seizure disorder dad was thrown from his gun jeep in Panama 70 depression associated with head trauma 50 headaches 40 disk herniation L5-S1 Neurological. Deficit right side 40 Neurological. Deficit left 40 Trigeminal neuralgia post traumatic 30 RT Facial nerve palsy 20 Bilateral 6th nerve palsies 20 hearing loss 20 right brachial plexus 20 the state rated it 70 right hip strain 20 herniated pulpous 20 tinnitus 10 complete alar collapse 10 left hip strain 10 broken teeth due to seizures 10 broken pelvic with plate and screws 10 now with all this the VA said they made a clear and unmistakeable error with the SMC rating they gave service connected Aid & Attendance between l&m we have put in for the housing grant because of the many falls moving from his power chair to the tub or bed while being helped by nurse or family member his DR stated he need someone with him 24/7 my question is what level SMC do we need and how do we put in for it. Also why would they turn the housing down .Thank You.
  16. Ok I called VA in Roanoke the man on the phone said I was at the highest level A&A now that I read more into this I am level L1/2 which is 3674.00 so I am not being paid A&A right.
  17. I have a new question? I have an appeal in for a increase in my SMC rate in the mean time they gave me a increase for my depression to 70% I am 100% P&T off post traumatic brain and seizure disorder I also because of this have balance problems and because of several falls have been issued a power chair ramp and lift. I now have A&A on my last increase the said they made a gross mistake in the SMC award which went from L to Between L&M. I am bed and house bound my kids hired a nurse to come in three days a week my daughter does everything for me. Here are my other ratings 70% depression 40% paralysis of sciatic nerve 40% DDD DJD lower back 40% nerve loss to my legs 20% broken pelvis 20% hearing loss 20% loss of upper right radicular group which the state rated 70% the VA rated this without a C&P exam 20& upper DDD DJD to the neck 20% limited thigh flexion 20% tendon inflammation 10% nerve damage to RT foot 10% nasal deviation my question is should I wait for my appeal to go through which my VA rep said could take five years or should I put a new claim in on the 100 plus 70 % stat is.
  18. My appeal was for a higher level aid and attendance it has been in for three years I had a severe nervous break down being stuck in this bed and the pain I am in I am rated 100%post tramatic brain injury with complex siezure disorder 40% right and left loss of use of legs 50% loss of use of right upper body shoulder arm and hand 40%for broken pelvic I fell and they had to put a plate and screws in also 40%ddd for my back and 40% ddd in my neck I was given a increase of 70% for my mental depression What I need to know is do I make a new claim on the grounds of a 100% plus 70% or let the appeal go thru 2 or 3 more years. As I wrote I think I am a M the way they said it is the way I wrote it I also do not know how to ask or get to level N. Thank you for writing back.PS I have several 10 and 20% ratings I feel they do not matter so I did not break them down. Yes I have aid and attendance.
  19. I have been on SMC for the past 6 yrs been a 100% now I have recievd a 70% rating I have a appeal in for housebound should I do a new claim on the 100 and 70 or let it ride? Also in my award letter it stated they made a unmistakable era and they changed the statis to 38 usc 1114 subsection p and 38 cfr 3 350 f3 at intermediate between subsection 1 and subsection m what does this mean please
  20. My VA doctor has put in for house bound three times my appeal is 18 months old I get the same old crap every time I call it is with a rater.
  21. I am glad for you Its been he'll on my end.
  22. If it really in the raters hands your lucky they say anything to get you off the phone. I have been told the same thing call back two weeks later and then be told it is still in the developmental stage. As far as the time frame no set time please do not hold your breath !!!.
  23. No mine put in for me twice.
  24. I have a orthopedic surgeon that is a state workmens comp Dr. He rated my loss of use of arm and shoulder at 70% the VA Rated it at 20% due to secondary issues from my brain injury,I fell at work at the state prison the injury cost me my state job I did get a medical retirement and it did get my 100% for my brain injury and loss of balance but my question is why such a difference in the rateing?
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