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Posts posted by jbasser
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You just got plastered by the RO.
Your effective date was after the surgury. Now if you have another doctors diagnosis stating the condition was diagnosed earlier then you may have a chance.
You need to BVA this one and seek an outside IMO who can put the dates together for you.
J
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The as least as likely as not means the Doctor is 50 percent sure you have OSA. He is forced to write it that way per VA regional office guidelines in rendering an opinion. That kicks in the Benfit of the doubt rule so congratulations should soon be in order. As for the date, write a letter and show the diagnosis date on ad. You should paid the day after you retired.
Hang in there. It looks real good for you for your service connection.
Jbasser
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We really are only speculating here. the OP has given us no details to answer this issue. Probally just an IU issue.
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Try the DRO. You can still use an attorney even at a DRO.
It all depends on how strong your evidence is and nexus factors fit in.
J
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Wingnut it was not by accident. Louisville is quickly becoming one of the worst Regional Offices in the US. The C and P process is not really favored on a DBQ format. The C and P worksheet is a loaded gun in favor of the RO as they are allowed to ask leading questions to the examiner in order to enhance their point of view on the doctor or NP examining you. The issue is really simple. Evidence wins claims and if you feel the least bet threatened by this process, Get a DBQ, call your local SSA attorney and ask them which MD they use for disability IME's. They usually will point you toward one. ( These Docs are usually occupational specialist so their opinions really count).
The bottom line when dealing with Louisville is the plain fact that you have to be firm. Nice but firm.
Educate yourself on this claims process and you will be a better advocate for your claim and future claims while helping others who are in the process.
Basser
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simple. Go to a sporting goods store and purchase an atheletes mouth piece. Also ask VA dental for a guard against grinding your teeth at night
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Broncovet nailed it. If it does not show severe economic issues based on the headaches, the VA will not likely increase it.
J
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Does the award say no future exams or Permanent and Total?
P and T controls Champ VA requirements.
J
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The VA mis-applied the effective date according to title 38 CFR 3.400. The date the condition arose ( Surgury Date or Diagnosis date) or the date the claim was filed. ( Whichever is later). Shove that down their throats on a NOD and ask them to cue themselves on this issue.
I am so sick of the way these Vermin operate.
J
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Here is the best way to handle them. Download the Song Hair of the Dog by Nazareth. When they call, Ask them to give you a minute to dig out your recipts or records. As soon as you do then Mute the phone. Turn the song up full blast then hit the mute button with the phone laying next to the speaker. That seems to do the trick.
J
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yes it is.
But you pay no premuims for it.
it is the Good part of the VA.
J
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was it a 125.00 medicine?
J
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Second signature means a retro over 25K.
J
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First and foremost I have seen this in real time. Your comp and SSA or SSDI benefits are protected from all creditors unless the creditor is a State of federal government/ This 2 month rule is not accurate as they are in violation of federal law if they do hold an account.(1) Payments of benefits due or to becomedue under any law administered by the Secretaryshall not be assignable except to the extentspecifically authorized by law, and suchpayments made to, or on account of, a beneficiaryshall be exempt from taxation, shall beexempt from the claim of creditors, and shallnot be liable to attachment, levy, or seizure byor under any legal or equitable process whatever,either before or after receipt by the beneficiary.The preceding sentence shall not applyto claims of the United States arising undersuch laws nor shall the exemption therein containedas to taxation extend to any propertypurchased in part or wholly out of such payments.The provisions of this section shall notbe construed to prohibit the assignment of insuranceotherwise authorized under chapter 19 ofthis title, or of servicemen’s indemnity.
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File the claim my friend. You will drop the IU and get a scheduler rating and a possible SMC. The SMC will be contingent on the severity of the PTSD and its percentage.
J
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2 years ago the VA changed the rules via the federal register. You cannot submit an IMO from an outside doc for PTSD unless that doctor is actually treating you.
They have stacked the deck against the veteran. If the doc you are talking about still works for the VA in any capacity it may be ok.
JBasser
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That is OK.
Remember an IMO is a Doctor writing an opinion based on your records.
AN IME is the doctor actually examining you and also providing an opinion based on the records and the exam. IME is more concrete.
Basser
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I don't think so. S has its own criteria. L and higher do.
J
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Hey folks here is a point I am going to make about firing a VSO and they ignore it. Officially file the form to file the VSO. An attorney will help if you hire one to represent you.
Now after you have fired them, If They continue on getting your files and information. Guess what???
If you have proof that has happend, You can file formal charges against them for Hippa Violation. They are not supposed to have your medical info after they have been fired.
You can also sue a VSO. Hadit members have done it in the past.
J
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This is only one person. Likely one of Many that have been told to do the same thing.
Scandals are a brewing.
J
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Be advised that when you sign a POA they can represent you. This also means they can act as you.
If you are not happy with them, you can fire them.
J
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Berta this sounds like the old bait and switch that Philly got caught doing.
Time to turn up the Berta Motor and bring the heat.
They are ridiculous. One thing about it is this. You cannot say you have seen everything with the VA. They are always creatively dreaming up ways to screw the veteran out of time and out of benefits.
John.
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That is exactly why I recommend a veteran not use them. Give us some details so we can assist you on what to do.
J
Cost of Living Ajustment
in VA Disability Claims Research
Posted
I think this year it will be around 1.6 percent. By all means it should be 16 percent.
The CPI is a filtered joke. They adjust the figures as they see fit.
Gas prices are down but food prices, especially beef have skyrocketed.
J