vern2

Agree with Buck. I used eBenefits for long time, but never trusted what was in it. same for Peggy. In fact, if asked question of Peggy and then eBenefits, never got the same answer!! I used to submit eBenefits questions if I was bored and nothing to do- (I am retired), just to see what weird response I would get.

Does anyone know what the current DIC rate is? I retired in 2011 and think the rate at that time was about 1100 per month, which is less than 1/3 of 100% rate

no, but she is eligible for FDIC, as TbIRD NOTED.

This is just wrong, 700 plus days. I realize you have called, but what about IRIS email? Please keep record of all phone calls and the response.It only took me 10+ years to get my claims settled. Good luck. I would not use VSO, useless in my opinion.

OK

Toddt, 2nd URL has the answer, I remember when I was 30%, had to pay small co-pay for my medicine, but once rated 100%, pay nothing.

I noticed this when I placed my order on-line. The order box had batteries and accessories- the accessories is for those who need prosthetic socks. DALC should have separate box for each item. I am going to send them an email telling of the problems this has caused. Vern2

Wow, very German. Frank1959, the batteries that I get from Denver DALC are made in Germany! So Germany is going to tax you on a product that the VA buys from Germany and then sends to you in Germany. Does not sound right to me. The German Company is VARTA Microbatterties, Daimherte 1, 73479, Ellwangen, Germany. Please check and see if you can contact this company directly and see if they will assist you. Vern2

Berta, I am assuming that he has already filed the required NOD, but wants to skip the DRO appeal process. The following is from the VA website: APPEAL: Step 3 v If you disagree with the Statement of the Case and would like to appeal to the Board of Veterans’ Appeals, file a Substantive Appeal. At this time, you can also choose whether you want an optional hearing before a Veterans Law Judge. v WHEN DO I FILE? You have one year from the date of the letter notifying you of the original decision on your claim or 60 days from the date of the letter accompanying the Statement of the Case, whichever provides you with more time . v WHAT DO I FILE? The Substantive Appeal is filed on VA Form 9, available at http://www.va.gov/vaforms/va/pdf/VA9.pdf . v WHERE DO I FILE? Follow the instruction: If you wish to continue your appeal, you must complete and submit the VA Form 9 within 60 days of the mailing of the Statement of the Case, or within one year from the date the VA mailed its decision, whichever is later. Send your VA Form 9 to the local VA office handling your case; the office will file this and all related information in a claims folder, and will eventually forward it to the Board of Veterans Appeals for review. I would suggest that he call the local VARO at Buffalo to get the appeal moved forward. Please note the time limit. Vern2

Update. I was granted SMC (k) with retro to 2012. Extra $ helps, but would prefer to not have this problem.

Thank you for visiting the eBenefits web portal. The eBenefits portal and NRD are not available now. We are making upgrades and expect to be ready for your login very soon. If you are experiencing a medical emergency or in need of immediate crisis counseling, please go to your nearest medical facility Emergency Room or call 911. If you are in need of immediate crisis counseling, please contact VA's suicide hotline at 1-800-273-TALK; counselors are available 24/7 to help. If you need to refill a prescription, please visitMy HealtheVet for VA prescriptions or Tricare Online for DoD prescriptions. If you need to manage your DS Logon username and password, please visit the DS Logon site. If you have questions about benefits, please call 1-800-827-1000. Telephones are answered Monday to Friday, 8AM to 9PM ET. If you need immediate assistance accessing the National Resource Directory for services and resources that support your recovery, rehabilitation and reintegration, please send email to infonrd.osd@mail.mil. Additional customer service is available online. This is message I got. Funny thing, I was able to get on this AM, but down for upgrade, VA speak for the system ahs crashed and they do not have a @#$ZXXE clue

Am I wrong in assuming that I can get the 100% for heart AND the SMC-K-1? I was thinking that I could, but VA works in strange and un-VET friendly ways:)

I will still be semi-active on Hadit, sharing my experiences. 1. Review CAVC decisions 2. Get your C-file B4 you file and review it thoroughly. 3. Keep paper trail, even if you use eBenefits to upload claim/documentation 4. FAX, keep copy of your receipt, attach to what you sent. These are basic things to do.

so, if I finally get some $$, how do I send a donation to T-Bird as want to help fund the web site. I remember Pay Pal, but my account card has expired, just got notice on this last week. What other ways can we send donation?

Noticed today that my VA disabilities on eBenefits has changed from prior 30% for hypertension with mild pulmonary hypertension. New disabilities: ALL SERVICE CONNECTED. Date of my claim is 07/12/2012, appeal on 7 October 2013 requesting DRO de novo review. 1. hypertension, 10% with date of 7/6/2012 2. ED, rating 0% with date of 7/6/2012 3. Diverticulitis 0% with date of 7/6/2012 4. Headaches, 30% with date of 7/6/2012 5. Paroxysmal Atrial fibrillation (PAF), 0%, with date of 4/10/2015 6. Athherosclerotic cardiovascular disease with pulmonary hypertension, 100%, with date of 7/23/2015 7. Hypertension with mild pulmonary hypertension, 30% with date of 05/10/2003 * This was already a rated disability * I still have a SMC_K pending for loss of use of creative organ, noted that gave me ED, with 0% SC, so maybe I can get the SMC-K. OOPs! found this in additional benefits: Benefits Special Monthly Compensation BenefitsYou are receiving the following compensation Learn More SMC (K-1) Effective Date : 07/06/2012Entitled 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 07/06/2012. Rating Date : 11/03/2015 Wow, the SMC-K was filed in September 2015, but it was related to the ED claim that I had filed on 7/6/2012. The note at top of list states 100%. You have a 100% final degree of disability. This percentage determines the amount of benefit you will receive. I am somewhat puzzled, as had prior 30%, then add 10%, 30% and 100% to reach a combined rating of 100%. I have read the tables as to how the VA determines the ratings, but still puzzled. I am still going to file an appeal on the Effective date, as no way that EF can be date the DRO made their decision. This claim has been ongoing since came off AD in June 2003, filed claim in January 2004 and then on the hamster wheel!! BTW: I did have a phone message from VA (DRO team leader) VARO, yesterday, but just stated he had called me with date and time. So this may be partial success, but still felt the VA low balled me and unsure as to exactly what to do next. Do I file form 9 and kick it up to BVA or try to ?? Any ideas? Yes, I know the VA would say be grateful and just move on, but I still feel like not getting my just and due benefits.

This is response today, I got when asked Mr. Ted Ebert to help me in my attempt to get my NOD/request for De Novo review moving. It has been over 2 years and still nothing. Good morning XXX -- it's unfortunate that your appeal has taken so long to address -- that's what limited staffing leads to -- sadly. I will be sure to make your Regional Office keenly aware of your concerns -- and your frustration with the speed at which we're working to resolve for you -- please -- although I offer no excuse -- and my request for your patience is not fair -- I must ask for it, nonetheless -- as we're working on appeals that are actually older than your's right now. Right now -- we owe you decisions -- on both of your appeals -- so, the ball is in our court -- if we find in our De Novo review that additional evidence is necessary -- we'll delay another decision until we obtain that evidence -- if our De Novo review shows that we've got everything -- then we'll make another decision -- I'm sorry I couldn't bring you more positive news. Ted SO THIS MEANS, BACK ON THE HAMSTER WHEEL OF LIFE.

Yes, just got off phone with VARO. They had combined my later contentions into the original denial claim, but of course never told me. My appeal is in slow lane, going on 2 years, so back on hamster wheel.

Two "claims" are CUE. I have only one claim on appeal. The two additional "claims" are related to the original claim-heart issues, have been combined into the claim on appeal, so only have one claim on appeal. Sorry for the confusion. If you are diagnosed with hypertensive cardiovascular disease, this can attack many organs in your body, besides the heart, so you will have many contentions.

yes, Vync. This is what I do not want to happen. It is also a way that they can claim to have reduced claims when all the VA has done is shuffle to another pile.

I have 3 appeals pending with VARO. I have filed two more claims since then, one on 12 July 2014 and another on 2 April 2015. This is copy of email response got today from Director of VARO. My question is this: Is it possible or legal to combine a new claim with a pending appeal? The appeal has been pending since 7 October 2013, almost 2 years. The claims are all revolving around my heart disease and secondary issues, except eye problems and non allergic rhinitis. "I apologize that communications from my office to you as a result of your inquiries have not provided you with the information you are seeking. Please know that I would never disregard your e-mails but I do ask my staff to assist with answering them at times which is why you may be contacted by someone else on my behalf. Regardless, I will ensure you get a more complete answer to your inquiry and ensure we are all on the same page going forward. The claims you submitted were closed out as they are considered part of the issues on appeal. This is why you are unable to see the claims pending in e-benefits. There are two appeals pending at this time, one from October 2013 and the other from April 2015. Rather than disclose the issues on appeal in this forum, I will ask one of my best employees to reach out to you today to explain your appeal issues, claims you submitted, and explain the status of both. I know this is very confusing for you and I will ensure you receive a thorough explanation so you are comfortable with our actions on your issues. If you still have questions after discussing with one of my staff today, please let me know."

contact Ms. Allison Hickey, as she is the Under Secretary for C & P. Her email is: allison.hickey@va.gov

Fat an easy answer is do you have New and Material Evidence, or evidence that you have not submitted is one way to re-open a clam. Has your condition worsened? If so, will need proof. Your lay statement is not sufficient to re-open the case, as we vets are not deemed competent to render a medical opinion.

I have hypertension as well and was granted 30% for this due to enlarged heart. The DRO used an analogous rating for hypertensive heart disease to arrive at the 30% rating. This was in 2007. I have filed an appeal and new claims as hypertension and heat disease are two distinct separate diseases and require separate ratings per the VA regs. If you have evidence of enlarged heart (cardiomyopathy ) while in service, then need to be rated for the heart problems as well as the hypertension. Noticed that just closed on of my heart claims on 22 August, but nothing in mail yet. I will post as soon as I get it. Hypertensive heart disease is a constellation of abnormalities, can be ischemic heart disease, CAD, CHF, and other heart conditions. A good ECHO should reveal the exact problems with your heart, as well as exercise stress test, or nuclear stress test if not able to do treadmill. see this as I copied CAVC: Establishing service connection generally requires the following elements: (1) medical evidence of a current disability; (2) medical evidence or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; (3) medical evidence of a nexus between the claimed in-service disease or injury and the present diseaseor injury. The Board did not apply 38 U.S.C. § 1103(b) and 38 C.F.R. § 3.300(b), which provide that service connection may be provided if the disability manifests during service or to the requisite degree of disability within any applicable presumptive period. For a service-connection claim (here under 38 U.S. C. 1110) to be well grounded, there generally must be (1) medical evidence of a current disability; (2) medical evidence, or in certain circumstances lay evidence, of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the asserted in-service injury or disease and the current disability. See Caluza v. Brown, 7 Vet.App. 498, 506 (1995), aff'd per curiam, 78 F.3d 604 ( Fed. Cir. 1996) (table); see also Elkins v. West, 12 Vet.App. 209, 213 ( 1999) (en banc) (citing Caluza, supra, and Epps v. Gober, 126 F.3d 1464, 1468 (Fed. Cir. 1997) (expressly adopting definition of well-grounded claim set forth in Caluza, supra)). Alternatively, service connection may be established under 3.303(b) by evidence of (i) the existence of a chronic disease, such as hypertension, in service or during an applicable presumption period and (ii) present manifestations of the same chronic disease. The Secretary concedes that the appellant's claim for entitlement to service connection for a cardiovascular disability should be remanded in order for the appellant to undergo a VA medical nexus examination to determine if her cardiovascular disease, to include cardiomyopathy with congestive heart failure, is related to service. Secretary's Br. at 8. The Secretary notes that, in this case, the Board found that the record did not contain competent evidence of an in-service heart disability or any current findings that have been identified as precursors to the current heart disability Additionally, service connection may be established on a secondary basis for disabilities that are "proximately due to or the result of a service-connected disease or injury." 38 C.F.R. 3.310(a) (2008); hope this helps you. I had proof of CAD within 6 months of coming off active duty via TEE and also later on two more TEE.

Thinking of going down to Congressman Miller's office and discuss my case with his liaison. Sure to stir some firestorm as my experience is not unique, but the norm. I live 5 miles from the Pensacola office:)

Seems that this is what they just did with a claim that I filed on 12 July 2014. It was scanned but never process into the system. Complained to Ms. Hickey in July and wow, it was just closed on 22 August (on a Saturday), so guess my claim falls into the overtime, exempt from quality review. Just like T-Bird says, just close the claims and make those figures look good. They are not fooling Congressman Miller and certainly not the Veterans that his hasty overtime process is impacting. Oh, my appeal dating from 7 October 2013, well it just disappeared from eBenefits as of today. This is one way to make the stats look real good. Wonder how many more vets suffered the same fate? I am only speaking about the St. Petersberg VARO, which IMHO is the worst of all the VARO's. Still on the wheel!