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bm6546
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Posts posted by bm6546
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Welcome to Hadit. Yes, it is a great place for veterans helping veterans. The very knowledgable people here have helped me a great deal over the past few years.
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Thanks for the reply John. The last time I was at the BVA it took over 2 years to hear back from them and then it was remanded back to Oakland. Another 2 years to finally get rated. It sounds like I would at least have a shot at the DRO Review no matter how long it takes. I have 60 days to respond from yesterday.
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I was awarded 30% 1 year ago. The VA only gave me 6 months back. I filed an appeal for an earlier effective date. In June 2008 the VA Cardiologist prescribed medication for my heart condition because he said it was getting worse. Then in October 2012, I had a heart ablation, by a private doctor and hospital for my PSVT. The ablation was partially sucessful but I am still having episodes of PSVT, but not as severe. My Cardiologist says I will probably be on my heart medication for the rest of my life. Because of this ablation, the VA awarded me 30%, which I am very grateful for.
My appeal stated that I should be considered back to June 2008 for at least 10% because the VA prescribed this medication because my SC condition was getting worse, but I guess the VA doesn't quite see it that way.
Although the VA did not exactly turn my appeal down but instead has given me the option to have a Decision Review Officer assigned to my case or I can follow the traditional appeal process.
My question is :
1. Is this potentially a good thing to have my case looked at by a Decision Review Officer?
2. Approximately how long does this normally take?
3. Should I just wait and let the appeal process take its course?
I have to add that I just sent in my appeal not even 30 days ago, and I am quite surprised that I received an answer back from the VA in such a short period of time.
Any help anyone can give me would be apprecaited.
Thanks in advance, Brian
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Congratulations, and work diligently towards your increase.
Thank you everyone.
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Thank god, another stupid question!!! (only kidding) People will say don't rock the boat but if you feel the rating should be higher or that the effective date should be earlier, I say, file the appeal. The VA should go by the date when that level of disability was discernable. The VA often lowballs claimants. jmo
pr
pr,
Aren't we all full of stupid questions but are afraid to ask. There were several of my students that wanted to ask that stupid question and were really happy that someone else asked it because they were afraid to.
I was wondering about the rocking the boat and just leave it alone. But it seems that when I filed my original claim in June 2006, nothing has changed with my condition. Well, actually, I am feeling much better since my Heart Ablation in Oct 2012. But I don't want the VA to say "Well, you had a Heart Ablation and now your fixed so you don't need the 30% rating and retro now" I feel just the opposite has happened. The VA finally realized that my PSVT has gotten a lot worse and I needed to have the Heart Ablation to help fix things. Maybe this veteran really does have a problem with his arrythmias so maybe we should give him the rating he deserves.
I met yesterday with my VSO and discussed it with him. He told me he wants to consult with someone at the AL and will get back to me with what they think is the correct way to handle this.
I am just at a quandry as to what to do at this point.
Thanks, Brian
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Grass Valley?!?
Duuuuuuuuuuuuuuuuuuude...............
Yes Grass Valley in N. California...God's country
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I have a sorta dumb question. I know, the only dumb question is the one not asked. At least thats what I used to tell my students many years ago when I was teaching.
Heres my question:
If I appeal the Effective Date with the VA on my new claim, what are the chances that they will reduce my rating? Or say something like, we made a mistake and take my rating away from me.
I waited for 7 years to get this rating and a little money and don't want to piss them off by asking for more money.
Does this sound a little paranoid on my part? Has anyone else thought about this when they have won a claim with the VA? Or is it just me?
I guess I just need a little reassuring. Or else I need a big hug from someone to tell me that it is going to be alright.
Geez...does that sound sappy or what!!
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"I do not agree with the effective date of 12/1/2012. I filed my original claim back in June 2006. "
Did you continuously appeal this claim since June 2006?
Yes I did continue with the appeal after 2 denials and a BVA remand.
Or did you re open it after a denial?
"We have assigned an effective date of 12/1/12 because that is consistent with findings at VA examination".
Was your medical care solely from the VA? Since 2006?
I was under the care of the VA doctors and private doctors. The VA doctor prescribed "Metoprolol" specifically for my PSVT in June 2008.
Did you have private medical records,that involved this same condition, that the VA did not consider under the Evidence list in the decision?
I have private medical records from 2006 with the same condition. It appears that the VA is only recognizing the fact that I have a heart condition that required treatment after I had my Heart Ablation in Oct 2012. And they are also recognizing the results from my C&P doctor last March 2013. Although in his report he indicated that my PSVT and heart attack is "less likely than not" that the two heart conditions are related.
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Congratulations, BM!
Many of us won in chunks over years, so keep fighting if you don't think you're there yet.
I think I am going to appeal the effective date. Thanks for the congratulations.
Congratulations Bm.
Rick
Thank you.
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I finally received my brown envelope. They gave me a temporary evaluation of 100% for 1 month based on surgical or other treatment necessitating convalescence.
An evaluation of 30 % is assigned from Dec 1, 2012.
"We have assigned a 30% evaluation based on VA examination findings of 3/14/13 which notes supraventicular tachycardia with more than 4 episodes documented with holter monitor. Your file will be transferred back to BVA for their consideration of your standing appeal. We have assigned an effective date of 12/1/12 because that is consistent with findings at VA examination".
Although I am basically happy with being rated at 30%, I am not sure if I want to appeal this rating. I do not agree with the effective date of 12/1/2012. I filed my original claim back in June 2006. I am not sure why they decided on Dec 1, 2012. My C&P exam was back in March 2013 and the doctor noted that I had a heart ablation for my PSVT, back in Oct, 2012. I have had this PSVT ever since I was discharged from the Navy in 1966. I finally received the proper medical care, thanks to modern medicine and technology, to help ease my current PSVT. My heart ablation helped me tremendously and I am very thankful for that. It did not cure me but my PSVT is much less occuring and a lot easier to deal with and my life is a lot easier to deal with. I will still have to take my heart medication (Metoprolol) for the rest of my life.
Hope I don't sound like I am whining or ungrateful, but I just don't get it.
Thanks for letting me vent. I feel much better now that I have that off my chest.
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Happy B-lated B-Day bm6546. Hope everything turns out good for you.
Thank you for your service
Aggie
Thanks aggie54. And congratulations on your win.
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I checked my bank account this morning and the VA deposited $5,139
. This amount makes no sense to me. It doesn't figure in my math. Still don't have the official letter yet. Pretty sure I will get the letter any day now. Things are starting to move now.Everyone says you will probably get the money deposited in your bank account before you actually get the letter. Correct in my case also, except its a little short.
I have to add that this deposit came a day after my birthday. So its a nice birthday gift to me and I am happy.
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I checked my bank account this morning and the VA deposited $5,139
. This amount makes no sense to me. It doesn't figure in my math. Still don't have the official letter yet. Pretty sure I will get the letter any day now. Things are starting to move now.Everyone says you will probably get the money deposited in your bank account before you actually get the letter. Correct in my case also, except its a little short.
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Congrats on your victory. Keep up the good fight!
Thanks for the congrats.
Positive adjudication always helps me smile !!! Congrats & thank you for your service !!!
Thank you
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Great News ! ! !
Thanks carlie. I will let everyone know when I get the brown envelope.
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Here you go. Congrats:
Very good jbasser...my sentiments exactly. I love Freddie and Queen.
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Congratulations! and hopefully everything comes in as expected. Good luck and God bless
Thanks for your reply. I will certainly add more when I get the brown envelope.
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How did they decide your effective date as Dec. 1st 2012 if your claim is 7 years old? The VA is very tricky and cheat vets on their effective dates any time they can. I would appeal the date unless the VA can really explain why they made that decision. Now the way to get a higher rating is to get an IMO/IME to say you have gotten worse in the last 7 years.
John
John,
The guy on the phone told me my effective date was October 19, 2012. My AB8 letter says effective date is December 1, 2012. I haven't received the official letter telling me what they awarded or the breakdown. I checked my bank account, only a million times, and no retro yet.
Not sure yet, but I don't think they would give me 30% for PSVT when I think they would only give me 10%. Maybe because of my heart ablation surgery and them giving me the temporary 100% convalescence for 3 months. Pretty sure there is something else they awarded in addition to my PSVT, like CAD or Anxiety, or something else that I just don't know yet.
I just have to wait for the brown envelope to see for sure.
The waiting is killing me for sure.
Brian
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I received a phone call from a nice guy from the VA a couple days ago. He told me the VA has approved my request for a temporary 100% convalescent for 3 months. He also told me that I was awarded a 30% rating effective October 19, 2012. I would receive my award letter next week and retro will follow shortly after.
Today I noticed on E Bennys that my AB8 letter shows me rated at 30% effective December 1, 2012. I also noticed on the Explorer that they have me rated at 30%. My original claim was filed in June 2006 and was denied 3 times and went to the BVA and remanded back almost 1 1/2 years ago. I'm not going to worry about the effective date until I receive the official letter, hopefully next week sometime.
I am very happy and also a little nervous about all this. Almost 7 years to the day. Thats 2,555 days. Guess the old saying that I like to use is "Hang in there and NEVER give up".
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Thanks Berta and Chuck. Your right...there is nothing I can do until I get the actual letter in the mail.
Hope everyone has a very Merry Christmas.
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On E Benefits under "Complete" it says the VA is sending a decision to you by US mail.
Complete Date - 12/21/2012
Phase Start date - 12/21/2012. What does the Phase Start date mean?
"Estimated Phase Complete date" . At this time your RO is unable to provide an estimated completion date for this type of claim.
And shouldn't I have received an AB8 letter if I was approved?
I know, don't rely on anything that E Benefits says.
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bm,
The BVA may have granted something as SC'd and then this
goes back to your VARO and they determine currently level
of evaluation percentage and effective date/s.
Just a guess in a positive light.
At least, this is what I hope is happening for you.
Carlie,
Thanks for your input. I hope your right. I just can't believe they would deny me without a C&P exam.
I'll keep my fingers crossed and wait on pins and needles for the letter.
Another thing I want to add. My claim and appeal has been at the Oakland RO for almost 7 years and it was finally transferred to a satellite RO closer to my city. Seems to be moving a lot quicker ever since they moved my claims to this new RO. I hope this is good news for me.....finally.
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My claim filed January 2011 was adjuticated in two parts...... May 2012..... and four items were finished on October 4, 2012 to include IU. But then my claim was complete but not CLOSED? Instead another claim opened by Houston Varo was listed on ebenefits as Administrative Review. Well, today I get another (this is my third one) Big Brown envelope in the mail. And low and behold Houston did the right thing by me and awarded me SMC. It states "We granted entitlement to special monthly compensation effective January 28, 2011 because you are housebound." I don't know what to say but.......... Yeeeeeeeeeeeeaaaaaaaaaaaaaaayyyyyyyyyyyyyyyy
Congratulations on your decision. Have a Merry Christmas and a healthy New Year.
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On 11-14-2012 it says type of claim "Special Correspondence". Whatever that means.
Status has changed. New evidence received.
Date closed 12-21-2012
Another thing that is bothering me is I went from "Claim Received" directly to "Complete" in a little over a month. It skipped all the other phases. This does not look good to me at all. And like I said earlier.They did not schedule a C&P exam. I don't get it.
Could this be a quick denial? And after I sent in a ton of new evidence.
Guess I am being a little paranoid. Probably won't get anything until after Christmas.
Edex For Ed
in VA Disability Claims Research
Posted
I received radiation treatments for prostate cancer recently. My PSA has dropped almost in half and continues to drop. I am finally feeling better but I am left with an ED problem. I have tried all the pills for ED and Viagra sorta works the best. A friend uses Edex injections and tells me they really work very well but it is expensive. Does the VA prescribe Edex injections? Any help would be appreciated.