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USMC5811
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Posts posted by USMC5811
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Not sure but this might help you -
and this by Berta goes more in-depth:
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Sometimes ebenefits can be frustrating and actually a source of stress more often then not. I don't think anyone can honestly say if it is a good sign or bad BUT after reading several of the posts here on hadit.com it is not uncommon for claims to go backwards in the decision making process and then sometimes quickly go to the completion phase after going backwards and other times not .
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Where can I find info on the definition of functional loss as required by the VA?
The provisions of 38 C.F.R. § 4.40 state that a disability affecting the musculoskeletal system is primarily the inability, due to damage or inflammation in parts of the system, to perform normal working movements of the body with normal excursion, strength, speed, coordination and endurance. Functional loss may also be due to the absence of part, or all, of the necessary bones, joints and muscles, or associated structures. It may also be due to pain supported by adequate pathology and evidenced by visible behavior of the claimant undertaking the motion. See 38 C.F.R. § 4.40.
This is an interesting read in regards to functional loss and how the VA rater is suppose to determine: www.tnvso.com/sitebuildercontent/sitebuilderfiles/evaluatingknees.ppt
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Congrats Sergent Emmons! Thank you for your service to our country. Congrats also on your new baby boy!
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Hedgey I don't think "dangerous ground" was meant for you at all . Note that someone elses post was quoted and "I believe you are on dangerous grounds here" was posted in reference to that post.
Your right in trying not to be anxious or overreact to an early diagnosis. Your have every right to be concerned though, but your best course of action is to have your
concerns answered by a professional in this matter = Doctor.
Your NOT an idiot at all - I honestly don't think one vet on this board would not be concerned if they were told what you were told at your last optometrist visit....
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Yup Jbasser is correct - I missed the "paywise" part of your question. Sorry:(
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I think this previous thread explains it best:
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Sorry to hear about the diagnosis and that it appears the VA optometrist was not more forthcoming with information for you concerning it. What I would personally do is make an appointment with your local VAMC immediately and speak to one of the doctors there in regards to your concerns...I'd push for immediate treatment if the VA optometrist diagnosed glaucoma.
There is an organization that might be able to help you in obtaining an IME for free http://www.glaucoma.org/
The link to free glaucoma exams is listed here - you'll have to see if you qualify for any of them though. I personally have dealt with the Lions Club (for my child) and they were very helpful.
http://www.glaucoma.org/glaucoma/free-glaucoma-screening-resources.php
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I don't have personal experience with IU/TDIU but here is a link "General Information on IU Claims" M21-1RM, Part 4, Subpart ii, Chapter 2, Section F from the VA that may help answer your question until someone more knowledgeable comes along : http://www.benefits....2/ch02_secf.doc
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Nope don't think your being paranoid at all. All one has to do is look at the history of VA in regards to such scandals (see scandals thread on hadit.com) as the shredder gate incident to confirm that distrust of the system in general is warranted by vets. Do I think all VA employees are dishonest - nope. I really believe that there are some dedicated employees that are just as frustrated and fed up with the bureaucracy and scandals that exists; as the rest of us are.
I received a copy of C&P's (QTC) less then a week after requesting them. There were several obvious discrepancies in the reports when I compared them to recent private specialist (in their field of expertise) doctors opinions/medical reports. My line of thinking was to submit documentation (DBQ's) from the specialists in their medical field to refute the report of a few of the C&P reports done at the "General" C&P which covered knees, back, skin disorders etc. BEFORE a decision was made to hopefully prevent having to do a NOD etc later. Yeah I'm sure it set things back in the process by doing so, but hopefully not as far back as say waiting for a decision and then having to appeal it. Only time will tell.........
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Here's a little look-see inside a VARO for you.
http://nation.time.c...s-main-mostpop1
VARO - Winston - Salem, NC.tiff
Uhmmmm thanks Carlie...now not only do I have to be concerned about how long it is taking overall...I have to worry that the building will fall down on top of my claim....sheesh.
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I think when it comes to hearing tests - the VA does things differently and requires a specific type test be followed .....kinda like they don't "accept" on face value an initial diagnosis of PTSD from a an outside provider...they'll look at it....but they will require the vet to get tested by one of their docs = a C&P.
Have you been able to compare your private examination to the rating schedule for hearing loss set by the VA - the charts confused the heck out of me at first, but I finally figured it out.
The "speech discrimination" is critical to the rating. Here's where you can see how they rate hearing loss...you'll have to scroll down to the appropriate heading and charts: http://www.hadit.com/forums/index.php?/forum/101-38...4...rating-disabilities/
Here's what it says under DBQ's in regards to this:
Q: Which DBQs are not available for use by private providers?
A: There are no DBQs for the following medical examinations:
- Initial Examination for Post-Traumatic Stress Disorder
- Hearing Loss and Tinnitus
- Residuals of Traumatic Brain Injury
- Cold Injury Residuals
- Prisoner of War Examination Protocol
- Gulf War Medical Examination
- General Medical Examination for Compensation Purposes
- General Medical Examination for Pension Purposes
Q: Why are those DBQs not available for public use?
A: VA has determined that the examinations required to complete those DBQs either require specialized training, specialized equipment, or specialized testing generally not available through private providers or, if these examinations are available, the cost to the Veteran would be so great as to render the DBQ cost-prohibitive. For these reasons, VA has determined that it is in the Veteran’s best interest to still require these examinations to be conducted by a VA clinician.
- Initial Examination for Post-Traumatic Stress Disorder
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TDIU = Total Disability due to Individual Unemployability.
this link pretty much explains it:
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Attached is a letter Texas Senator Cornyn sent to the VA Secretary.
Papa
Thanks for attaching the letter Papa......good to see someone in office at least in TX gives a crap about the situation which is affecting vets nationwide. I just saw this little statement that was published "The Waco office, which serves Central Texas and is one of two regional claims offices in Texas, has the nation's second-highest number of pending claims, behind only Winston-Salem, N.C. " http://www.statesman...as-2417434.html
Wooooo is me..........My claim and my husbands is at Winston-Salem:( At 416 days and back in gathering of evidence phase (all but one contention has already previously been service connected and C&P's done) I actually feel guilty for even thinking about complaining considering how long you (Papa) and others have been waiting - it's just not right.
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Okievet I agree with justrluk, please follow his advice I was also a MWD handler/military police in the Corps and did the same in the civilian world when I got out until I could no longer handle the depression and other MH conditions I had which also started in the military. I sought help when I hit rock bottom, almost losing everything and everyone I loved. Seeking help was the best thing I ever did for myself and those that I care about and care for me- I'm still here fighting the fight and they are still here with me. I've actually learned to enjoy life again. It was hard not being able to work directly in Law Enforcement anymore because that was my life, even harder to admit that one needs help, but because I got help .....I've found a way to contribute to LEO's and Vet's in training service dogs...I would have never had this opportunity had I not sought help. Please go get help....it's time to serve, honor and protect yourself.
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Just like everyone else I've had problems with ebenefits , but I have not had the account as long as most here. IF the person submitting the data into the system is knowledgeable and is actually able to upload correct information into the system in a timely manner...then it would be a really good thing. The concept of ebenefits is good....but currently the information leaves much to be desired as far as accuracy and timeliness of the data. We've seen several vets on the board that were able to access the letters (AB8 etc) BEFORE receiving the brown/white envelope in the mail - that's definitely a plus. We have also seen where the system has just added more undue stress to vets that they definitely do not need or want. A system or internet site is only as good as the person inputting the data into it. I really hope they get this right soon.
I have filled out and submitted several surveys in regards to ebenefits (they tend to pop-up while using the system) in hopes that someone is actually reading them and will fix the problems that have been noted. I hope others do the same.
Whoever is inputting the data for my RO (NC) seems to be pretty accurate as well as timely in regards to logging information requests (requests for copy of C&P's, dependent updates etc and information received from doctors/hospitals as well as from me). I try to just ignore the completion date information because it changes so much.
The really frustrating part of ebenefits is - that I know that in general it is not accurate....but I can't help looking anyway. I've finally gotten down to looking at the site one time a week versus everyday......unless of course I submitted something or requested something then I'll look after USPS lets me know they have signed for the request/info to see if it is annotated on ebenefits - then I print it out for my files.
My husband claim just moved backwards in the timeline...from Review of Evidence to Gathering Evidence, but I'm thinking we caused this by sending in a rebuttal (DBQ) for one of the C&P reports. The day it shows they signed for the info.....the next day it moved back.
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Congrats Dominipino! Hopefully with that 10 pt veteran preference in hand you'll be able to get the job you want. Thanks for your service!
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Congrats Navy!
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I had a sleep study, but it was at a sleep center instead of the home sleep study. I could not fall asleep at all - so much for that test. One of the tech's told me that they might have me do a home sleep study down the road. I have NOT had one done yet so I'm only relating what was told to me by this tech. He stated some VA treatment centers have/use a portable home monitoring system where the person goes to the VA center/hospital/doctor...they give them portable device and instructions (both orally and in writing) on how to use and how to connect the sensors to yourself before going to bed. The next day the vet either mails the device back or brings it back to the doctor and they analyze/review the recordings it made while you were sleeping in the comfort of your own home.
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I did a search on hadit.com in reference to the Benefit Explorer and it's accuracy.....here is just one of the posts:
There were several more listed so you can always check them out.
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I noted that you have not listed a percentage of service connected disability in your profile here on hadit.com - are you already service connected and just forgot to put it in your profile on had-it? The reason I ask this is because most of the letters in the downloadable VA Letters Section on ebenefits- other then the Service Verification Form (AB7) which shows Branch of Service you were in, date entered active duty, date discharged from active duty - are for those that have received a percentage 10%-100% decision. Just a guess......
If you are service connected with a rating already then there should be some downloadable forms on that page....I would call the number.....Peggy will probably answer.
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I read the post by the original poster one time...just read it again and noticed that with the link he provided he also stated in the comments section, under the article he posted, he listed the items that he submitted to the Congressman. I realize that Congressman don't have any control over the VA claim process but I would think, considering the documentation that was claimed to have been submitted by the poster, that he could have at least directed him to someone that actually could help him. I'm wondering after reading what he sent IF it is because he has not provided the VA with new and material evidence = RECENT medical evidence with a diagnosis of the conditions he is claiming that refutes the diagnosis (by the C&P examiner) of it being a hereditary condition(specifically Letter H in bold) and that is why they keep denying him????
This is what the original poster listed in the comment section in reference to what he submitted to the Congressman - I really hope someone is able to help him with his claim or is able to direct him to someone that can help. I really wish I could help, but I'm just learning myself:(
VictorDietz
1 week ago
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I appreciate the positive comments and want to address the one's that seem to be questioning the sacrifice that I made at 24 years of age. I am now 52 and I am homeless, I have no car, no job, my personal relationships are in shambles and I take opiates for pain 4 times a day to help manage the Fibromyalgia that has been untreated and self medicated by me for 27 years. I could not get physical therapy or treatment for my disabilities throughout my whole adult life because my dd214 says 'DISCHARGED DUE TO PHYSICAL DISABILITY ENTITLED TO SEVERANCE PAY' so health care Insurers deemed it a preexisting condition and refused to provide medical care.
I attached to the Congressional Inquiry copies of the following documents:
Attachments:
A)Memo from the Department of the Air Force - Submitted to the VA in Oct 2010 as evidence. This is a investigative memo for the Board to Change Military Records and contains the specific facts about my medical discharge. It states that a Formal Physical Evaluation Board found me unfit for duty due to pain and that I non-concurred with the decision by the FPEB and appealed to the Secretary of the Air Force asking for additional testing. It then states that the Sec of the AF agreed with the FPEB and orders were sent to medically discharge me. It says I served 3 years 11 months and 23 days.
b) Air Force Board to Change Military Records - Hearing held in Washington DC in May 2011. I asked the Board to change my dd214 because the VA keeps denying me my benefits, I said a code on it must be the wrong one. The Board stated that in the interest of justice they overlooked my failure to timely apply for a change to my dd214 (20 years after the 5 year limitation to do so). It states that the AF did everything right during my disability evaluation, they followed regulations during the discharge process and that my dd214 correctly reflects that I was medical discharged in 1985. Submitted to VA as an attachment to the Notice of Disagreement when I filed my appeal in July 2011 and discussed in the hearing I had with a VA Senior Decision Officer in July 2011.
C) DD214 - Dated 4/16/85 and states under Narrative Summary discharged due to physical disability.
D) Medical Record 19 July 1984 - Authored by Chairman of Orthopedic Surgery, Malcom Grow Medical Center. Changed the continuous temporary physical profile limitations that had been in place for 18 months limiting me from lifting more than 15 lbs, no pushing/pulling, no standing or sitting for over 15 minutes to a permanent profile. This automatically put me into the Disability Evaluation process and I had a medical board examination.
E) Line of Duty Determination - Investigation into the causes of my disability states that I suffered a physical trauma to my lower spine while I was in uniform performing my duties as an aircraft mechanic and that I was taken to the Emergency room for treatment. This is a required form in order to receive severance pay.
F) AF Enlistment Medical Status - Dated the day I was inducted on April 1981. It shows nothing wrong with me at the time of my enlistment.
G) Medical Board Report Pre-existing Determination - Date 1984, determined that my disabilities were not preexisting.
H) AF Form Findings of Formal Physical Evaluation Board - states that I was injured in the line of duty that the disabilities are permanent and includes VA diagnostic codes specifying the disabilities.
I) Report of Medical Examination for Disability Evaluation and Altered Special Compensation Examination - Original C&P exam dated 4 weeks after my medical discharge, reflects that examiner altered the medical document with the same fine point pen he signed his name with. He changed the statements I made to reflect what the VA X-ray diagnosis showed, in effect opening a claim for the injury to my spine using evidence submitted by the VA (well within the 12 month assumptive period).
G) Claim Denial Letter Dated July 29 1985 - States that I had to have a disease or injury that was incurred or aggravated in the service for a claim to be successful.
H) 2010 C&P Opinion to Sever Service Connection - States that even though I had diagnosis of Spondylosis, Spondylothesis, Degenerative Disc Disease, Lumbar Strain and Facet Syndrome during my service time, that it was due to a form of poly articulate childhood arthritis and had nothing to due with the trauma I suffered to my spine while I was on active duty. She then says that this is why I had the disability at the young age of 24.
I) Buddy Letter & Family Statements - Buddy letter from my best friend that I grew up with and joined the service with on the Buddy Plan. He retired MSGT and we went through boot camp, training school and ended up sharing a barracks room with when we got orders that stationed us together at McGuire AFB NJ. States I was injured in the line of duty and that I was medically discharged for the injury. Letter from my mom and dad stating that I played sports in high school so I took a physical every year and that I never had back problems until I was injured in the service.
J) VA Disability Claim Opened September 7 2011 because I listed on my Notice of Disagreement that I had been medically separated for For Fibromyalgia and Facet Syndrome and that I am directly service connected for those disabilities. The VA opened the claim for Fibromyalgia and Major Depression Disorder due to pain but left out Facet Syndrome and did not open a claim for it.
K) Statement of Case from the Senior Decision Review Officer which states that I was discharged for what the X-ray by the VA in 85 showed as a disability and denied my request because I did not provide any new evidence. I guess the memo from the AF and the Board findings along with the buddy and family letters were not considered as new evidence.
I want to say that I went through 18 months of physical therapy so this is not a case of a single incident in service and my claim file contains 3 inches of medical reports and examinations that were conducted while I was on active duty by various specialists that the AF flew me to for examinations on my spine.
I do not except that Sen. Moran cares about Disabled Veterans because they have treated me a callous disregard when the facts are supported by old and new evidence from the Department of the AF sateing I had disabilities in 85 and that they still recognize me as a direct service connected disabled veteran.
If he cannot get the VA to recognize the disabilities that I was medically discharged for, then he completely worthless as a member of the Congressional Commitee on Veteran Affairs and his powers of representation of Kansas Veterans are non existent.
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Maybe this thread might help ya until someone comes along that has more experience:
Forgot to add.......Congrats and thanks for your service.
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Congrats! Have you checked to see if they have changed your Benefits Verification (AB8) from 60 to 80% - the form can be found under access my documents tab , then click on download VA letters....there you will see your AB8 form ....click on it and it might show the change in ebenefits.
So far, from all the posts I've read in success stories....when the AB8 was changed percentage wise.... an envelope usually followed with the same info.
Wow Heart Attack 3
in Agent Orange
Posted
Glad that your at home and resting now....I hope it will be long time (hopefully never) before you have another attack. Just had a friend go into the hospital last night because of chest pains...they ended up giving her 3 nitro's in the ER and kept her overnight...still waiting to hear how she's doing today.