Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
jbasser
-
Posts
6,833 -
Joined
-
Last visited
-
Days Won
5
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by jbasser
-
-
The Choice card was a Knee Jerk Reaction to the Schedule gate fiasco that the VA was doing to cook the books to get bonus money.
It is like American Express sending you a credit card with a 10K limit but they tell you you cannot use it. It looks good in the wallet. That is about all it is good for.
J
-
IVDS is based on the number if incapacitating episodes. Anklyosis should not be a part of IVDS. That is Arthritis. Different rating criteria.
J
-
I am not afraid of the man. I am afraid of your brain cells shrinking and glassy eyed folks driving around the world like they are lost.
There is a reason it is illeagal and those states that passed it will get reversed real soon.
I have seen what this stuff does to people. This is just the start of a more serious issue.
J
-
I wish they would give all vets a card and let them use the private sector, close the Hospitals and focus the attention on cleaning up the Regional Offices.
J
-
If they messed up it is a clear and unmistakeable error. Why did they deny you? Was it because of unavailable records???
If so, You win.
Basser
-
The spine is broken down into two categories. First of all the ratings are broken down as this. The Cervical Spine is separate segment from the Thoracic and Lumbar Spine which are considered combined into one segment.
Traumatic Arthritis is usually the primary rating as the arthritis causes tears and ruptures of the disc's. This also can lead to nerve issues that are called radiculpathy. Each Vertabrate has a set of nerves that exit the spine and run to your muscles. For example, Cervical 2 or C2 effect the heartbeat and can be fatal. C3 effects the Diaphragms via the Phrenic nerve and can be life threatning. C4 /c5/c6 control the arms, shoulders, hands and a few other muscles. A good medicine book can go into more detail.
This is rateable up to 100 percent of the entire spine is ankylosed or fused. This is rated based on Range of motion of the neck or back regardless of your spine issues. The lower the range the higher the rating
The second rating is for Invertabral DIsc Syndrome. This is the rating given for spinal strains with no arthritis. It can be rated up to 60 percent if on bed rest for several hours per day.
The nerves effected by Traumatic Arthritis are to be rated secondary and not combined with the Traumatic Artritis rating. For example, You get 20 percent for Traumatic Arthritis and your left arm cramps and locks up. They do a EMG and NCS and fine a problem. You get that nerve rated also. Either as Neuritis or Neuralgia.
Title 38 cfr part 4 explains the rating criteria for the spine and I urge everyone that has neck of back issues to read. It will tell you what rating to expect.
Hope this helps.
JBasser
-
The ALJ can decide a date of disability onset.
Retro depends on his award date.
J
-
No he can get life insurance since he has a new decision.
There are time limits involved.
To get the waiver of premium, he need to be 100% or IU permanent and total.
J
-
This happens quite often. You file a claim then the VA denies it for one reason. This reason is just because they can. Then you ask for reconsideration and send in additional evidence. Then the RO looks at this evidence and being the creative thinker the VA hired him to be, pulls a rabbit out of his rectum and decides you were due an increase on a date that he decided and not the medical evidence warranted.
Provided you didn't let any appeals deadlines pass and your claim was still open, you have to do the following.
The SSA has awarded you SSDI from 2009. If that award is based solely on service connected disabilities then you need to understand 3.400 of the United States Code of Federal Regulations title 38.
Effective date of a claim is the date the claim is filed or the date the condition arose. Your IU should have the same award date as your SSDI.
You should NOD that decision and get an attorney. You were just cheated out of retro and lowballed. Give Robert Walsh a call. this should be a slam dunk.
Basser.
-
Look at your codes. It is either traumatic arthritis (DJD) or Invertabral disk syndrome. (DDD). They will not rate both just the most severe. If they did rate both then they may have cued themselves.
J
-
QTC will not give copies to the veteran. You have to go through the regional office.
J
-
Buck, these definitions are referring to your condition. Permanent in nature means your condition is considered static and will not improve. This the VA wording for a P and T award.
If your condition is listed as Chronic, it means you have had it for some time. The opposite of chronic is Acute which means sudden onset.
Hope this helps.
-
-
Anytime there is money involved, some creative thinking people will find a way to get it. He is likely one of many doing the same thing.
For example. A big city had staged a bus accident. The bus hit a pole. There was a stunt driver on board. Several people boarded that bus claiming they were passengers.
Another story is these 2 folks in Gilbertsville KY. They had fished Bass Tournaments. They fished during the week and caught fish. Those fish were placed in submerged basket and on tournament day they would pull up to the basket and unload their catch.
The penalties for this type of fraud should be very severe. The punishment should reflect the crime. The fishermen should be put into a basket and submerged.
The crook who stole VA benefits should be medically altered to reflect the condition he was faking.
J
-
The reason I ask this is the fact that is against the law for a veteran to be charged unless there is a fee agreement in the appeals process.
-
Phil. where are you at in the claims process?
Are you in the appeals stage??
J
-
This will be a huge deal if it passes for the BWN vets. John Rossie needs a big pat on the back for his work on it.
J
-
How many years of Federal Service and what agency.
It looks like you may be able to go out on Fers Disability retirement.
That will help you win an IU claim but here is the bad news. It is taking up to 14 months for OPM to award Fers disability claims.
The Doc could take you off of work to bypass the Reasonable accommodation BS the Govt lays on you.
This is a lengthy process and you have to file for SSDI at the same time.
This is a risky adventure for anyone but it is another option.
Here is a helpful site. www.harrisfederal.com
J
-
http://www.vba.va.gov/pubs/forms/VBA-21-526b-ARE.pdf
Use this form if you are claiming a secondary condition as it bypasses some red tape int he adjudication process where a Rater can assume you have the primary service connection verses looking at the whole claim a second time.
Should be faster for the veteran.
Basser
-
The VA loves Veterans who move to another state. It doesn't matter where the claim is in the process. They transfer it and guess what??? It is out of their hands and is added to their finished numbers. Vets should never move when a claim is in process.
J
-
Don't forget that you have 18 months to have your wife and Kids find and send every medical bill including Pharmacy back to your effective date for the proper reimbursement.
You may be able to use Pharmacy records.
Call CHAMPVA and ask them how this works.
Basser
-
Don't ever request a percentage outright. If you do you risk lowballing yourself.
What should be done is to state the following. I should be rated at the highest percentage listed in the title 38 CFR part 4 as it applies to my disability issues.
Basser
-
Buck it depends on 2 things.
The condition had not become worse and the regs in effect at the time of the original decision.
There is a chance. You may have to review the decision and look for the rating criteria. If it was not applied correctly then a cue may be the cause.
Basser
-
Welcome to Hadit. Thank you for working for the VA. At least we have some folks who are on the up and up.
Basser
Yea Finally
in Success Stories
Posted
You should be receiving SMC S If I read your ratings correctly.
J