K9MAL

John999 - What are you rated for? That may impact the decision made. As an example, a veteran diagnosed with ALS is automatically granted the housing grant of $68,000. Here's the VA's "fact sheet" on SAH which may be of some help. http://benefits.va.gov/benefits/factsheets/homeloans/sahfactsheet.pdf

Good stuff.

If you're able to work full time then you're not eligible for Voc Rehab.

The ALS Association published a white paper last year and I highly recommend reading it if you're at all interested in the subject. ALS IN THE MILITARY UNEXPECTED CONSEQUENCES OF MILITARY SERVICE February 4, 2013 - Two separate studies were conducted in response to reports that ALS was occurring in Gulf War veterans at an unexpected rate, particularly in young veterans who were not yet of the age at which ALS is more common. The two studies used different methods to examine the issue, yet they produced similar conclusions: That Gulf War veterans were approximately twice as likely to develop ALS as veterans who had not served in the Gulf. - Studies published in 2005 and 2009 found that men with any history of military service in the last century are at a nearly 60% greater risk of ALS than men who did not serve in the military. Conducted by epidemiologists at Harvard University’s School of Public Health, the studies concluded that “Military personnel have an increased risk of ALS. This increase appeared to be largely independent of the branch of service and the time period served.” As it stands right now, from what I've read, I believe the best treatment for ALS is in stem cells. Mayo Clinic and Emory University are really riding the cutting edge in terms of treatment. 2 articles that I found to be very informative about ALS and it's treatment, not specific to veterans. New Cells for ALS Patients By Susan Young, MIT Technology Review Everyone deserves the right to try: Empowering the terminally ill to take control of their treatment.

Great info Berta. Thanks!

You're welcome, I hope it can help a few people. What would applying for the hearing loss do? If he's already at 100% would it matter? I have no idea and appreciate your advice.

My father has been undergoing testing with several specialists for the past couple of months to try make a determination on what exactly's been happening to him. At this point, many things are pointing to ALS including muscle atrophy, tongue fasciculations, muscle twitching, pain, spinal issues, etc. and he's been deteriorating very rapidly over the past 3 or 4 months. His referral to the Mayo Clinic was just accepted by their team and he'll be traveling there this weekend in hopes that they can make a determination as to what's going on. He was a CWO flying Hueys in the Army for about 8 years then moved on to a different Federal career where he retired a few years ago. Other than hearing loss from helicopters, which he didn't pursue as a disability, he is not currently classified as a disabled veteran and had no idea that ALS was linked to vets, neither did I until now. Veterans are twice as likely to be diagnosed with ALS as the general population. I've compiled a list of reference material for those veterans who have been diagnosed with ALS so that they're not having to search through multiple sites and tons of material on the internet. All links are to official VA documents, press releases and fact sheets. Please feel free to add any additional information that pertains to the subject or that you think will be helpful in any way. Currently, ALS is a presumptive condition for anyone having served for 90 or more continuous days in the United States military. With a diagnosis of ALS the veteran may apply for VA disability and will automatically be rated at 100% disabled, up from the previous 30% minimum rating. The change went into effect on Jan. 19, 2012, and was announced in the Federal Register Dec. 20, 2011. The current rate for a veteran with a spouse at a 100% rating is $3018 per month ($36k annually). The veteran is also eligible to apply for SMC (Special Monthly Compensation) to help offset the costs associated with ALS. Depending on the stage of the disease and the progression the compensation can max out somewhere in the neighborhood of $8300 per month. The veteran is also automatically eligible for the SHA (Special Housing Accommodation) which is approximately $68k and helps enable the veteran to retrofit or purchase a home that will accommodate their special needs. An automobile grant ($19,500) is available as well so that the veteran may have transportation that will accommodate a wheelchair. Other benefits may include CHAMPVA health insurance for their dependents and survivor's benefits (DIC), the base rate is currently $1215, as well. For help with applying and processing the claim I would highly suggest utilizing the free services of Paralyzed Veterans of America. PVA has really led the fight for ALS and knows all of the ins and outs concerning the disease and dealing with the VA. They can help the veteran in obtaining the maximum benefit that is due to the eligible veteran. 1. VA Press Release (2008) establishing ALS as a presumptive condition: http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1583 2. VA Press Release (2014) making SHA automatic for vets with ALS: http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2530 3. VA Disability Benefit Questionnaire (DBQ): http://www.vba.va.gov/pubs/forms/VBA-21-0960C-2-ARE.pdf

I'm very interested in this topic as well. Did you find out any additional information?

File your notice of disagreement NOW! Do not drop the ball, as so many do, including myself in the past. I filed a NOD requesting a DRO hearing 5 weeks ago, I also emailed Bob, and I just received a letter in the mail stating I have a DRO hearing on January 6th, 2015.

Like the union pricks who used to work for me would say, "We don't want to work ourselves out of a job..." Have a fish sandwich and get outta my face!

NavyWife makes some great points and she's right on point. The key, I believe, is severe economic inadaptability and proving that. I'm in a similar situation as you but I'm a "full time student" according to the VA, I'm actually only part time, which means I have class a couple of times a week so they shot me down due to that. Part of my NOD argument is the fact that the rating doesn't mention anything about school and I haven't worked in several years due to my migraines. 50% is defined by 38 CFR 4.120 as "With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability." From my NOD: Contrary to the VARO decision, currently I am unemployed, and have not been able to work since May 2012, due to the frequency and severity of my migraine headaches. Although I am a student, I am currently attending part-time, and cannot find anything pertaining to school activity in the rating diagnostic code.

NavyWife - I do I'm trying to get one rating bumped from 10% to 60% as I do meet the criteria and have a DBQ from a specialist stating that as well. The DBQ was submitted with the initial attempt but they lowballed me in a big way. The other rating is for my migraines and that should go from 30% to 50% since I meet the criteria for that as well. If I get both to the appropriate percentage that puts me at 100% schedular. I'm researching DRO hearings now and will probably start a thread to get further advice on the proceedings in the very near future. Thank you again for your encouragement and insistence that I email Bob. I can honestly say it's the only reason my claim has moved this far forward so quickly and I have you and the other members of hadit to thank for that. Have a Merry Christmas!

Congrats!

I just received a letter in the mail stating I have a DRO hearing on January 6th, 2015. I sent in my NOD with a request for DRO about 5 weeks ago. I've heard of people waiting 2+ years for their hearing so I can only surmise that it had something to do with the email I sent to Bob.

Were you in the Persian Gulf? To the best of my knowledge IBS is a presumptive condition rated automatically at 30% if you were. http://www.benefits.va.gov/COMPENSATION/claims-postservice-gulfwar.asp

I'm trying to figure out a ballpark backpay for my friend but I'm not sure what the right figure would be. I used the SSA Calculator and came up with $1210 per month for her alone. However, she also has 2 young children and a husband so I believe she would max out her family benefit at $2687. Do the dependents count in the backpay figures? From what I've read they do so I came up with the numbers below. Does this sound correct or am I in left field? If the numbers I'm using are correct and the backpay was for only 24 months (when she filed) the backpay would be $64k. However, if her attorney can get her the 17 months prior to that (1 year back plus the 5 month wash) then it comes out to $97k. Would that be right?

I believe that a VA Psych needs to give him a diagnosis, and have it documented in his records, in order to get the PTSD rating. It sounds like he has 1/2 of what he needs and that's the VA confirming that he endured a traumatic event that would lend itself to PTSD. But, he still needs the Psych to give him the official label. This is how I understand it but I know one of our experts will be along shortly to either confirm or refute/correct me. Best of luck to you and your husband!

Mine hasn't hit yet...

The pill is no substitute for the real deal in terms of actual medicinal benefits.

Thank you!

That's what I was thinking too. Hopefully she doesn't have to wait very long for a decision.

A very good friend of mine had her SSDI hearing this morning concerning ulcerative colitis and her ability to work. She stated that the vocational expert replied to the judge that she could no longer work in her previous jobs and that she wouldn't be hirable in the present job market and economy due to her disease and how it affects her. To me, this sounds favorable, but I don't know much about SSDI. I know it's speculative but would this be considered a good indicator of a favorable decision? Second question: She had to stop working 4 years ago but didn't file until 2 years ago due to not knowing about SSDI as it related to ulcerative colitis. Her attorney submitted something asking for the earlier date for backpay but would 4 years backpay be feasible? Is there any sort of time limit? What do the experts say here at hadit? Thank you so much to hadit and it's members. You are an invaluable asset to veterans and their loved ones. Happy Thanksgiving!

I say go for it! After NavyWife's encouragement I shot an email to Bob and got a phone call from a very nice lady about 3 days later. She did nothing more than submitting my NOD for me but it was encouraging.

Did you apply for SSDI? If so, it's normal. Be prepared to be denied twice, then get an attorney, and go to a hearing.

Personally, I wouldn't want to date it past the 12 month NOD window. What about using the date that it was stamped with?