Ricky

Jay check this site and it will provide you with all entitlements provided by the state of AL. http://www.va.state.al.us/ Property Tax exemptions here in AL suck as they throw in a "who made less than" clause during the previous tax year. So if you are drawing any type of retirement which is taxable or if you fiddle around and perform any type of work during the year (only if you are a schedular 100 percent - not TDIU) you will not qualify. However, if you simply draw SSDI and VA you should qualify. Also If you purchase a home or remodel one using a SAH from VA then that home is exempt no matter how much taxable income you bring in. At any rate check the link above.....

I agree with Larry. Gotta watch that ole nasty OR hahaha. - Old injury abd slight separation of the right acromioclavicular joint If your claim is for loss of range of motion in the raising of your arm this is/could be supportative for a rating.

Carlie is correct. The start of the 10/20 rule is the effective date of the claim. 3.344 pertains to the attempts to reduce the precentage levels of ratings with only one exam after they have become stabalized-normally after 5 years.

kw - not sure what you are asking for here but I will take a stab at trying to answer. If as you have posted your condition warrants a temp rating of 100 percent at the time of first treatment and continues until six months after final treatment that is what it means. 100 percent from day one thru the complete treament phase the followed by six more months of a 100 percent rating. The portion of the CFR you are looking at covers issues that require convalescence time after a specific incident ie. hospitalization. As an example say you were rated 60 percent for a heart condition and had to have a stent placed. After the hospitalization the doc then provided written orders that you had to have two months off from work. You would then qualify for a 100 percent rating before they reinstated your 60 percent rating. In your case it does not mean three months prior to your casting etc.... I hope what I am trying to say is making sense to you. If you are to receive 100 percent from day 1 of treatment until 6 months after the last treatment a conconvalescence rating would be mute to you.

Doc, you cannot claim CUE due to an exam or the fact that you did not get notice of a test that needed to be done. Remember CUE must be based upon a legal error. Neither changing your race or age within a medical record or you not showing for a medical test (regardless of the reason) simply does not climb to the level of a legal question. Maybe in a malpractice suit but not in the VA claims arena. However, they could be used to support your arguments for an appeal.

Why did they ask for a divorce decree. (see below) May be reason for appeal Because the VA Form 21-686c ASKS for such information on the veteran and the veteran's current spouse. Item 7 that you have bolded simply implies that absense of conflicting information (you did not list any previous marriages for either you or your spouse) the records in item a would be accepted as proof of a current marriage. The same items will also be accepted if you listed previous marriages and the record you are providing from item a also provides a record of the divorce from those marriages. Outside of that a veteran with previous marriages MUST provide a certified copy of his/her divorce decree.

Brian, First print out a VA Form 20-572 from the VA website. Fill out items 1-11 and sign it. Prepare a simple cover letter stating that you have moved and are attaching the VA Form 20-572. Send one copy to your the VARO that your claims folder is at; one copy to the new VARO (if you moved to another state); one copy to the BVA and one copy to the VAMC that you use (normally the ROI office/records room). Then call the 1-800 number to verify that it has been changed; call the BVA to insure they received the updated info and call the VAMC to make sure the change has occured. I know it seems a bit excessive but that is what you have to do since you have a pending appeal. You gotta stay on top of it to insure that you do not miss any correspondence from the BVA indicating they need info for your claim or that a C&P has been scheduled to support your appeal.

In you SMR's what was the diagnosis listed during that visit. If he prescribed meds then he more than likely listed some type of daignosis. If he diagnosed GERD then you will be able to Direct SC the issue. If no diagnosis is listed then follow the advise already given -discuss it with your current doc.

You can request an extension of a dead-line after it has passed as long as you have good cause. Keep in mind your request must also explain why you waited until the date that you are actually requesting the extension (explain why you did not request the extension prior to the expiration of the dead-line) and show "Good Cause" as to why you could not meet the dead-line. I do not think your reasons will be considered Good Cause by the VA. An example of Good Cause would be that you requested the required documents from the court house but they kept losing the request or fail to respond - along with this you would have to provide the paper trail in which you actively pursued the issue etc....... However, I would still attempt to gain the earlier effective date. All they can say is no and if they do then you can appeal that decision. Just get someone to sit down with you and re-word your reasoning making sure you include you include dates of hospitalization etc.... Good Luck

Call the C&P Office at your VAMC - they will tell you whether it is mental, general etc.... and the doc's name. At least they do at my VAMC

Papa - all rated claims, awards or denials, go through a review and signature process. It is called post determination. The claim is reviewed by a senior supervisor and then off to post determination for production of the award or denial letter and then signature.

let your Nod stand. No need in restarting the appeals process. Simply send in the new evidence for the DRO to review when they get to your file.

Shark this is a good link..... however, you also need to get your doc to agree with this and have him/her put his agreement in writing along with his rationale to support his opinion.

First what drug and SC condition did the civilian doc relate this to? Second in order to gain any hope of an analagous rating he would have to have a disability that is associated with polycythemia. What they are telling you is that the medical community does not know the exact cause of secondary polycythemeia and unless there is a disability caused by it, it is not ratable per cfr 38 part 4. The below is a statement from a medical dic: Causes: The precise cause of secondary polycythemia is unknown. There are no apparent genetic or environmental factors that can be attributed to causing polycythemia. As to the reasonable doubt it is assumed by the VA that it does not apply as they did not give any weight to your civilian doc's statement (I guess he did not provide a strong enough rational) due to the medical community's stance, therefore, the use of reasonable doubt is not necessary. You are going to have to get the civilian doc to provide a very strong rational as to why he believes it is due to drugs being used to treat the SC disability. Then you are most likely going to have to show that although it is not polycythemia vera your husband is going to need at least one of the items required by cfr 38 part such as treatment with myelosuppressants, phlebotmoy or continuous medication to treat his specific disability. Just my opinion and I hope it helps you. Good Luck

This link will get you to the Sep 04 edition. Just keep going down the page until you find it. The link may also be of use to other VN Vets. http://vietnamresearch.com/vets/widows.html If link does not work copy and paste it into you browsers address window

The easiest way to deal with them if you do not know what is going on is to follow this: I don’t understand how I was overpaid. Can you send me an audit of my account? top You can call our toll-free number 1 800 827-0648, and explain to the operator that you would like an audit of your overpayment. The audit will also include your repayment options.

Teac - I think that they do not want to disclose the actual cost so they do roll it all up into sub-packages which allows them the ability to over-charge for the standard price.

Shane, was the foot drop part of your TDIU claim? Ricky

The buy back is optional as has already been stated. At this point you will have to sit down with a retirement counsler at the AF base and discuss the benefit to you. It should not be of any immediate benefit as you are applying for a medical retirement and the formula used for medical retirement is a straight percentage of your current salary. It could mean a few dollars more when you hit 60 something (your normal retirement age) and your disability converts to regular FERS retirement.

Ain't nothing wrong with that statement Phillip as it is kinda true - you were at one time prior to your death in receipt of SC comp at the 100 percent level. Now just cause you ain't gone on to the big place right at this moment ain't nothing to complain about. hahahaha

"they had my birth date off by only 100 years lol!" Well Wings my dear friend you are referred to as an "Elder" here on Hadit hahahahaha

Excellent Job Sir! :D

Does anyone know where on earth (or the internet) one could find the price break down of standard equipment on vehicles? What I am looking for is what the hell the dealer charges one for items such as power brakes, power steering, AC etc...... When you ask the dealer they act like there is no such thing and simply say "Oh that is standard equipment"!!!! No joke batman! The latest VHA Directive (2006-034) that I could find was dated 30 May 2006. In it, it provides a Standard Equipment dollar amount allowed by VA and then the Maximum Sticker dollar amount that would be allowed if the item was listed on the sticker. For example this Directive provides that for Auto Trans they would pay 778.00 if it was not itemized on the sticker, however, if it was they would allow 1267.00. Quite a difference. I also think that these amounts are a little out of date since the directive is dated in 2006 however, I searched and searched but could not find a more up-to-date directive on reimbursable amounts for auto adaptive equipment - so if anyone is aware of a directive with a later date that would be helpful also. Most are going to say go to the dealer for a break down of the actual price of the standard equipment - Tried that route - it is treated like Top Secret material. I do not think they would give it up if I showed up with heavy weapons and took their children captive hahahahahaha. Thanks Ricky

phillip makes a good point here. Normally a cane is use on the opposite side of the injury.

I had one for an increased claim on HTN. When I got called back to the intake room the lady told me she had to take my BP three seperate times. The first reading was 258/135, second one was 251/137 and the third one was 259/134. She recorded these and said she had to call the ER cause she was worried about me. About three mins later the C&P doc called me in. He took my blood pressure one time. When I asked him what it was he said "its a little high". He then asked me acouple of questions about my meds and my private treatment. He then told me that was all and said the ER wanted to see me. The ER hooked me up to a bunch of stuff and gave me some type of liquid BP med. When they got the BP down to 200/120 they told me to report to my private doc as soon as possible because he needed to adjust or change my meds. My claim was denied. The rating decison stated that the C&P doc recorded my BP at 110/90, 115/92 and 112/90. Hmmm he only checked it once...... I had and used the intake form and ER findings to beat the claim. So yes you gotta watch those damn C&P guys for they know not what they do!!!! I had the nurse burn me a copy of the intake form that day....glad I did cause for some reason it never made it to my medical records file. That was two years ago and it is still not in there.