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VietNamVet1969

Second Class Petty Officers
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Everything posted by VietNamVet1969

  1. I received another call scheduling an in-person appointment. What other than the data they already have, would it be wise for meta add at that appointment? I'm thinking anything relative to certain residuals which include: Frequent urination Urinary incontinence Erectile dysfunction (ED) 10 percent. Requires a daytime voiding interval of between two and four hours or awakening to urinate at least two times per night. 40 percent. Requires a daytime voiding interval of less than one hour or awakening to urinate five or more times per night. Residual Rating for Urinary Incontinence Ratings for urinary incontinence are under Voiding Dysfunction. This category includes urinary incontinence, continual urine leakage, post-surgical urinary diversion, and stress incontinence. Ratings given for Voiding Dysfunction are based on the number of absorbent materials such as diapers or protective pads needing to be changed and include: 20 percent. Requires wearing absorbent materials that need to be changed less than two times per day. 40 percent. Requires wearing absorbent materials that need to be changed two to four times per day. 60 percent. Requires using an appliance or wearing absorbent materials that need to be changed more than four times per day. Residual Rating for Erectile Dysfunction ED is a typical residual of prostate cancer. It is typically given a 0 percent rating unless a deformity or loss of a reproductive organ exists.
  2. Dustoff1970 Thanks for the dbq explanation, and I am thinking this form would be something I would ask the Urology dept to fill out for me? I can send the request as soon as I ear back from you or GBArmy. mThis is Saturday morning 11/4/2023 9am
  3. GBArmy, Could you kindly explain the acronym in your statement: The only prep work you should do is know what disability it is you are having the ACE for, and then look up the dbq for the disability. I have just been called by an outside provider, about my choosing an in-person, or an ACE (Acceptable Clinical Evidence) evaluation, and am being given from 4:30PM on Friday till Monday to get prepared. Seems like a very short window of time. My condition is from a radical protastectomy (sp?) and am rated at 100% currently. My fear/guess is that they may be using this to reduce benefits. I do have a letter from a nurse within the VA that clearly makes reference, that even though I am and have been for 21 months now showing a 0.10 PSA reading, my condition is not considered cleared up with no chance of cancer returning after surgery and radiation therapy. Also I have conditions which are not going away. So your dbq acronym is something I should know about I believe. Thanks for your help here
  4. Third, I really appreciate what your website is all about. I think all do. I have contributed, as well as many others. But when you added ads, this has literally overtaken the site. It's a nightmare to maneuver now. I tapped on your profile and got a page covering 90% of it with ads. I don't know the best solution but this is not what it used to be. It would sure be nice to get back to normal if anyone can help provide some ideas. Otherwise It's my bet that member churn will cause many to leave.

    1. Tbird

      Tbird

      @VietNamVet1969I understand what you are saying and have been working on not having the ads overwhelm the site. Let me clarify do you mean hadit.com OR community.hadit.com?

  5. Yes I think we are in agreement on everything stated. I am a retired Federal employee, over 70, the staff is a nurse practitioner, and it was sent by a veterans service officer locally. And I will follow your direction at the final determination to be considered for P&T, permanent and total, thank you sir
  6. Thanks for the clarity GBArmy I'll assume that since it has been determined that it is service connected, and they have been paying a monthly disability for 3 1/2 years, that this is indeed S-C. And that I have just recently provided a blood test for a higher PSA reading than the past 3 1/2 years, and it is accompanied by a letter from the VA staff that confirms that, that I have an adequate NOD combination and chance at maintaining the 100% temporary disability rating. If that sounds correct, I thank you and the others here for their experience in assisting. If not please let me know.
  7. Again I am not clear when you say "It take more than one C&P exam after you s/c disability " Not sure what s/c means, my apology I just don't have all the acronyms down yet
  8. Thank you GBArmy. I will make that call. I am over 55 and I have never missed an appointment for a C&P. And now have proof that my PSA reading is above the level I have had for 3 1/2 years. I am very cooperative other than allowing for radiation or chemo. Thanks again
  9. SO if I'm hearing you correctly, after 5 years of improvement, they can shut it down? Not really clear on your meaning, sorry
  10. And btw I got my VSO to file a NOD, within less than 60 days, including a letter from VA staff, who prescribed a recent updated PSA test showing an increase in my reading, and not a decrease as the VA letter was claiming, and their determination in that letter to C*P , was that my readings have increased not decreased. I am hoping the letter and the test results will provide me with some evidence to the contrary. Also since from what I have read, that if the rating is reduced prior to 5 years of payment history, that the reduction can be a permanent reduction, but if a Vet makes it past 5 years that it will be considered a permanent rating. Does that sound correct?
  11. GBArmy, I must apologize as I have had a computer down for quite awhile and finally just got it up and running. Thanks for your last comments, "VietNamVet1969 Good question. When they pay you 100% temp, they are not paying you for SMC's because your 100% isn't permanent. No, not for the scar; that would also have to be submitted as a new claim. Look up the criteria for scars, by the way. It isn't as straight forward as one might think. You could submit for those when you get a permanent rating, 100% , 40% whatever. " I will follow up on that once I get a permanent then.
  12. Well I just spoke with the outside 3rd party medical provider, QTC, and they are not allowed to get me any records. I was told to call the VA at 1-800-827-1000 so after talking with someone there, I was told I'd have to mail a Form 21-4138 Statement of Support to request a hearing. But I doubt I can get this done in time for the 60 days to run out. I should mail it or fax it to DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER PO BOX 5235 JANESVILLE, WI 53547-5235 FAX: 844-531-7818 I was hoping I could do this online, since I don't drive as much as I used to, but doesn't look like it. I have called my VSO and awaiting their call back. After reading what Berta included in her reply I see that I should have only been reduced from 100% to a 60% disability rather than a 40% disability, because of the number of Depends I am changing daily. This has really got me in a conundrum, worried if I can get this done on time before their decision is irreversible, it's quite a stiff reduction
  13. Thanks MarineCorp 69/70, but this has been with me since early 68 when I entered basic training
  14. Yes that's how I read it too No Peripheral Nueropathy. This is strictly pain and burning without any tie to Diabetes, because I have only been once, years ago, diagnosed as pre-diabetic and have since changed my diet to include no sugar as much as is possible with today's foods.
  15. I'll read that link about ED, thank you. The only in-person C&P exam prior to this recent one last month was the initial one 3 1/2 years ago. All the rest were via phone. Ok then on the SSDI I won't persue and I don't have a problem with the temporary status, only the reduction from 100% to 40% when it should be 60%
  16. Berta, After reading both cases above, (and thank you) I see now that the reason, if I understand this correctly, the veteran who was given back the 100% rating, was due to inadequate exam and not properly evaluating the number of absorbent material changes per day. I don't see that 100% will last any longer than the next 6 months per decision (meaning it's still temporary). That my exam was inadequate I won't know until I can get a copy, and I don't believe that QTC will make that easy, but I'll know by Monday afternoon from calling them I hope. At the very least since I am using 5-6 Pull ups per day and peeing 5-6 times per night, the disability should be rated at 60% not 40%. "According to 38 C.F.R. § 4.115a, if the number of times is between two and four, then the 40 percent rating would be correct. If the number is more than four, then a higher 60 percent rating would be appropriate."
  17. Berta, I will look see if i can locate how QTC looks at this disability today. I don't know if I can obtain a copy of the exam from them but I'll call and ask next week. In the meantime I'll read your links. I'll read up on CAVC. The exam was done in less than 10 minutes including outside conversation about his conditions and small talk. He measured my scar, asked me how many times I changed Pull ups and asked how many times I got up to pee at night and how often I peed during the day. I told him 5-6 times on each condition. That was it. My Prostate has been for the whole time </> 0.10 from all I can locate at myhealthevet. I have never filed for SSDI, didn't know that was possible but am collecting Social Security monthly. Is this what you mean by ratings schedule for residuals from ebenefits? see below and there is no mention of incontinence.... prostate cancer s/p radical prostatectomy100%Service Connected Agent Orange - Vietnam 08/03/2017 erectile dysfunction 0%Service Connected08/03/2017 surgical scar 0%Service Connected08/03/2017 residuals of Agent OrangeNot Service Connected tinnitus10%Service Connected04/13/2012 .....Then under Benefits I see this...... SMC (K-1) Effective Date 08/03/2017 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (k) and 38 CFR 3.350(a) on account of loss of use of a creative organ from 08/03/2017. Rating Date : 12/07/2020 (my appt was 11/03/2020)
  18. Thanks pacman1, I am retired civil service, have done mental health counseling and they determined I have no mental disorders other than a manageable level of stress from outside the military, non-service-connected, I have never suffered from depression other than a longtime relationship that we both agreed was best to end it, as I am just not prone to that sort of thing, I have documented hypertension which is below the diastolic and systolic rates to collect a disability, I have non-service-connected dual rotator cuff surgery done by the VA and again non-service-connected. I do have Psoriasis but again non-service-connected which began, about 10 years after returning from Vietnam, and was exposed to Agent Orange but they haven't connect it yet and maybe never will. I am being paid for SMC conditions secondary to Prostate cancer, which has subsided to 0.10 post surgery and remained at that level for 3 1/2 years. I don't question any of the above other than Psoriasis so that's going nowhere at this point. My original claim for constant pain and burning in my feet which I believe was caused by Basic Training and long marches with heavy backpacks and weapons, and continues to this day, has been turned down on an initial attempt and two appeals through a VSO. Other than 40% proposed I am only receiving 10% for Tinnitus for a total of 50%. I was only asking if this is normal and, here's the key, had they violated their findings based on the above numbered procedures they were supposed to go through. It seemed to me that they had not followed procedure to make their decision to reduce benefits. VSO and I am getting payment for SMC's at now a 40% level
  19. Thanks very much GBArmy I am educated and I appreciate your reply. With 40% left I am thinking they are paying me (40%) for my SMC's no? ED, incontinence and scar? If I were to hire an attorney would that be for the express purpose of a higher rating for these SMC's? BTW I was only going by the requirements that I read here, (https://hadit.com/va-ratings-reduction/) on the numbered references in my post.
  20. What is advisable to do following the receipt of this letter of proposed reduction in disability rates? After 3 1/2 years and just visiting an outside, C&P doctor, (QTC Medical), I received a letter from the VA to reduce my 100% temporary disability. 3 1/2 years ago I underwent a radical prostatectomy, (surgery removing all they could find of prostate cancer). A week after visiting this outside doctor that the VA ordered, came this reduction letter. When I read the conditions under which the VA can reduce a disability it reads as follows: 1. The VA must determine whether there has been an actual change in the disability since the last rating decision. Prior to surgery my PSA reading reached a high of 5.6 and for the last 3 1/2 years there has been only the very slightest of changes varying from >0.10 and <0.10 and nothing more or less than these numbers and symbols on myhealthevet. 2. The VA must determine whether there has been an actual change in the disability since the last rating decision Again, only the slightest changes, as above, have occurred since my surgery 3. The VA must outline the time period during which the condition is said to have materially improved I cannot find in their letter any specific range of time for improvement. Directly below is their letter in full without actual dollar amounts: We have enclosed a copy of our rating decision for your review. It provides a detailed explanation about our proposal, the reason for it, and the evidence considered. We have reviewed medical records concerning your service-connected conditions and noted some improvement in your Malignant growth of genitourinary system. Based on this evidence,we are preparing to reduce your prior evaluation of its overall disabling effect. The combined evaluation for all of your service-connected disabilities will drop from 100% to 50%. This proposed action does not affect your entitlement to treatment for service-connected conditions. We propose to reduce your monthly rate of compensation from $$$$ to $$. We have reviewed medical records concerning your service-connected disabilities and noted some improvement. We propose to reduce our evaluations of the disabling effects for conditions as follows Malignant growth of genitourinary system 100% 40% Please keep in mind I have a 5" scar, which was re-measured at this outside C&P exam, ED and incontinence at 5-6 Depends daily and the same number of bathroom visits nightly. What's my next step? If I've missed anything just ask please
  21. Berta, only one of your links worked for me. And in reading the letter: https://www.va.gov/vetapp20/files1/20007929.txt I see this: 2. Entitlement to an earlier effective date for the assignment of a total rating based on individual unemployability (TDIU). A total disability rating may be granted where the schedular rating is less than 100 percent and the veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. Since I have hypertention, or HBP, I am curious that this is the only reason allowing for the Vet's disabilty determination. What do you think? I have retired so I could not claim that disorder.
  22. GBArmy, you are correct in that we do not have a choice. If we miss the appointment our evals could be yanked and rating could cease. I have one scheduled. Mine will make or break a temp rating, so I'll find out soon. Hoping for good news and can't see how it won't be but I have been surprised before. I do believe that the outside vendors are sworn to do honest evals, on the other hand, the best way to keep evals coming in, is to maintain a constant flow of those who need more evals, rather than those who are screened out of the process. Maybe that's too business oriented, but like I said, I'll find out before long.
  23. Just got a call for my annual C&P and I can do a phone interview with the VA, at least as of last week, or go to an outside clinic. As for those who may be thinking, that an outside clinic is the ticket, I guess I haven't seen the contract they signed with the VA just yet, and don't know what they are up against, and hopefully it ain't us.
  24. Yes I understood your meaning and thank you for that, but I don't have any Service Connected conditions to tie my HBP to it.
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