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ArNG11
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Posts posted by ArNG11
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Late on the Congratulations but still happy for you.
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Great news to read.
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Rasky rabbit the VA is, just need a bigger shotgun. The remand code I agree is getting more difficult to navigate, they sure don't make it easy.
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To my understanding you still can submit more evidence, whether it is applied to the current decision I can't really say but most likely not. You shouldn't loose your position in line though, unless you change appeal lanes so I would be watchful on that front. This is just my opinion on how things have worked in my claims. Tactics change and you have to adjust accordingly. Hope this helps.
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Agreed. Make sure you keep copies and date stamps on submission. In my claims here recently I have found instances where Functional Capacity Examinations ( medical evidence) although submitted and acknowledged conveniently not available when the claim is service connected and rated. Be mindful of this. These are just my experiences, hopefully they won't repeat themselves in your claim but be mindful and keep watch. One last thing whether Pro Se or using a VSO keep meticulous records, tracking and submissions, hopefully you won't need them, but if you do, you got them at the ready. JMO from my own experiences.
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More VA games. Surprised at this at higher levels of appeals. Again my comment is WOW, the crap just keeps a coming.
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I did find some references on pre and post operative ratings. Depending on whether the body part was service connected and whether it was a major or minor joint. 4 months of 100 % rating if major/ minor is what I have been finding. I still have to see what Muskogee Regional Office is going to do. They didn't rate it in the last decision because they stated they did not have the operative reports, whether they ignored them is another matter, but I know I submitted them in those years of surgeries. I was really just trying to take care of myself since the VA wouldn't so I used private insurance for these operations, not that it should have any effect. Hmm, I may have some pondering to do after the decision Muskogee puts out. Hurry up and wait. Proactive , reactive , obsessed, maybe a little bit of remorse in there as well, I'll just have to wait and act accordingly and try not to let those feelings cloud my judgement.
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3 hours ago, broncovet said:
You asked:
No you are not wrong, you are correct. Unfortunately, its often a "long winding road" to try to get VA to correct errors, such as not including issues which are in the record. You may need to submit a "formal claim" for the benefit you are seeking, to get things rolling. Once VA has "overlooked" this informal claim, its up to you to point it out to them, by applying, and seeking informal claim date.
Prior to Feb. 2019, "Informal claims" were allowed. One Vets advocate pointed out you could claim benefits written on a napkin.
There are 2 tests for an "informal claim" (3, now, because informal claims are not allowed. The 3rd test is the "date", that is, was the informal claim made before they were disallowed in Feb. 2019) When AMA was enacted in Feb. 2019, informal claims were abolished, and the applicable claim form was required. But, if you have an informal claim prior to that date, it should be grandfathered in, in reference to your effective date.
1. An informal claim "for increase" has to be in writing. I had an informal VOICE claim approved because, I called VA and the person I spoke with DOCUMENTED my claim. (That is, wrote it down in my record).
2. The Veteran needs to "specify the benefit sought". One such case I read indicated the Veteran "could point to the body part" to which he wanted to apply. If the doctor indicated, "the Veteran pointed toward his left knee", that can suffice.
Source:
Thanks Bronco I will look more into this, I don't want to start another battle with the VA but to be frank they started the WAR. Dang if Im not obliged to respond accordingly.
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Yikes, I read what you're saying. It's the old we gave you this forget about that, and yes we know you're entitled to an earlier date but have this instead. That is oversimplifying but I believe you are right on the money, like no discussion really needed, because that is the VA game. It is very sad but I believe that is the reality of the process. In time I hope the accountability is held to these agencies but I am not confident I will around when it happens. I can hope. For future Veterans to be successful, they need to arm themselves with the knowledge and law, and it doesn't hurt to be prepared for a long drawn out fight. I don't trust the VA either. In my claims process, the VA, has proven, not to be trustworthy, and has so many mechanisms to make the process as adversarial as possible.
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I've been trying to find some guidance on ratings for scars and residual ratings for different grades of damage GRADE 2 and GRADE 3 on knees and hips but now am curious on ratings for all items that have been service connected. Am I wrong in stating that these should have been done when service connections was established and the operative reports were in the VA C FILE. Hips, knees , and Nissen Fundlipication. I am under the understanding that it will be 0 for scarring unless higher criteria is met but pre op and post operative ratings would apply. What I am finding is a 100% temporary rating for the recovery period 4months. Am I wrong in reading this.?
5054 Hip, resurfacing or replacement (prosthesis): For 4 months following implantation of prosthesis or resurfacing 100%
The knees have the same 100% for 4 months following surgery with resurfacing noted as well.
Some guidance or references, I have been look under the CFR Part 4 Subpart B, are there any others?
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On 1/30/2023 at 5:10 PM, Mr cue said:
It is my believe and experience that the VA are changing docket number after bva remand to them.
It about the wording in the bva remand order.
Bva judge call your appeal issue a down stream issue.
use the words grant In the first instance.
The board granted the issue with no rating.
The ro Grant 10% your case should be return to the board front of the line if you disagree.
The regional office will start a whole new appeal stream
All these thing will get the ro to have you new nod VA form 9 to get the appeal return to the board.
When it should be automatic be send back
Now when you do the nod or form 9 the regional office is taken them an starting new appeal streams.
Now when you bva remand is send back to the board it at the end of the line.
An you are waiting years now say you case gets granted.
The effective date will be the date if the new nod or the VA form 9.
This is my first seeing this move smh.
But I bet this is how they clean up alot of legacy appeal on there books.
Because this new stuff is crazy
I got appeal that I been fight since 2019 remand by the cavc to the bva.
I now have a 2023 docket number I can't make this up.
I am 70000 in line they don't even address it as. Cavc remand anymore Crazy
I never really thought about it that way as I am still new in the later appeals bracket but the point you bring up is quite concerning. I was weary when VA was promoting the new fast lanes for processing claims, it really was just a bait and switch to get the claims appeals down and lower the benefits due to Veterans in the process, particularly with the effective dates. Smoke screen diversion tactics what the VA does best. I am starting to understand the process more and things are becoming clearer. Thanks Mr. Cue for bringing this post up. Wow.
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Congrats myrah. It is a long war with the VA but when the victories do come in the end they put a smile on your face and you have one less worry on your plate. If feels good. I recently won myself on the P&T and that is one of the things I feel. Take care and well fought.
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room is open Emanuel got side tracked if anyone wants to join
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Ok no worries. I was worried I had done something wrong in the entering. thanks for such a quick response.
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T bird I tried logging on to the meeting but zoom states it doesn't exist did something change
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Roger that. Done. Thanks
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I will try. I was just looking up the zoom program that you need to get, I will look for it and sign up.
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I am saddened truly by reading these posts. I have met a bunch of folks that I consider friends, brothers and sisters on here. I wish you all the best. I send my sincere thanks and appreciation to each and every one of you. Stay strong and take care of each other. Please stay in touch. Im still in shock, none the less I don't know what else to write.
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Richard, considering the sensitivity of the award, respectfully, Congrats it is still a win.
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Heh Rivet, How did this pan out for you? Did you get a decision yet?
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This code, or rather diagnostic code issue has been going on for a while. Longer than what I have had experience with but the jest of fighting it is the same. The VA is trying to redefine the disabilities impact by changing some diagnostic codes and rating schedules and by redefining the functional scale on which the disability affects the veteran. On the surface I think it would do some good but I am not convinced that it will be great for the large masses. All in all bottom line is how it affects the Veterans ability to earn and income, to adapt to a normal environment while being hindered by those disabilities and comparing that to a "normal" of a person that does not have disabilities. Sorry my thoughts are a little scatter brained currently. I have to re read the proposed changes a few dozen more times without letting any emotional garbage clouding my understanding of the proposed edits if you will.
2018 Farm Bill, CBD, CBG
in VA Disability Claims Research
Posted
I would suggest consulting with a physician, however, if you use the VA health system I can see how that would become an issue in some respects.
I am fortunate to have insurance from federal service and I stopped using the VA health system. Like broncovet stated it is legal. For CBD, I know the threshold is .3 for THC levels to be in the clear. I would still do your homework as with any drug or herbal supplement. There are plenty of health studies on this so it would be worth a look. I can't be an advocate enough. There's too many benefits to not consider it as an alternative.
An interesting point in my experiences, my private insurance is Federal along with Medicare. All of my treating physicians know I am cannabis patient and it has not been an issue, however, again it all depends on the docs and state regulations, and a more important note the conditions that you are trying to treat.
My hopes are the VA will eventually accept cannabis as an alternative medication and treatment for conditions as other medical institutions have. Much like acupuncture, chiropractic care, and alternative medicines. I believe it will just take time like all things unfortunately.
This is just my take on this from my experiences.