jbasser

Bob, do you have a IMO stating that your HTN is (at least as likely as not related to your SC diabetes) If you dont, you will need one. A Medical Nexus or opinion to put your HTN into relative equipose or 50/50 rule. That should kick in the Benefit of the Doubt Rule in your case. Be advised that the VA often does counter exams with leading questions to the Examiner. ALso, do you have heart disease? Many folks with DMII and HTN do. J

Check out the listings here at Hadit on the Veteran benefits by state. Stay in Georgia. I would only move to Texas, tennesee, or Fla because of no state income taxes. J

VA Announces Changes to the Disability Rating Schedule for Traumatic Brain Injuries and Burn Scars September 23, 2008 (Printable Version) Increased Compensation Possible for Some Veterans WASHINGTON – The Department of Veterans Affairs (VA) today announced changes in the way VA will evaluate traumatic brain injuries (TBI) and burn scars for purposes of determining the appropriate level of compensation veterans receive for these injuries. “These important regulatory changes will allow VA decision makers to better assess the consequences of these injuries and ensure veterans are properly compensated for their residual effects,” stated Secretary of Veterans Affairs Dr. James B. Peake. VA has revised the Disability Rating Schedule in light of current scientific and medical knowledge in order to provide VA employees with more detailed and up-to-date criteria for evaluating and compensating veterans with these injuries. Two groups of veterans may be affected by these changes. The first group includes veterans who will be awarded disability compensation for TBI and burn injuries in the future. The second group includes veterans already receiving compensation for these injuries whose disabilities are reevaluated under the new criteria. The effects of blast injuries resulting from roadside explosions of improvised explosive devices have been common sources of injury in the conflicts in Iraq and Afghanistan and appear to be somewhat different from the effects of trauma seen from other sources of injury. As of September 2008, there are more than 22,000 veterans being compensated for TBI, of whom more than 5,800 are veterans of the conflicts in Iraq and Afghanistan. Traumatic brain injuries result in immediate effects such as loss or alteration of consciousness, amnesia and sometimes neurological impairments. These abnormalities may all be transient, but more prolonged or even permanent problems with a wide range of impairment in such areas as physical, mental, and emotional/behavioral functioning may occur. More than 90 percent of combat-related TBIs are closed head injuries, with most servicemembers sustaining a mild TBI or concussion. Difficulties after TBI may include headache, sleep difficulties, decreased memory and attention, slower thinking, irritability, and depression. To view the entire regulation published today in the Federal Register, go to: www.federalregister.gov/OFRUpload/OFRData/2008-22083_PI.pdf. For more information about VA disability compensation, go to www.va.gov or call 1-800-827-1000

You also have to look at the Number of claims Vs the number of staff processing them.They mat have less claims but also have less people. The time differences may not be that great. consider moving to a state with excellent Vet Benefits. J

I did not have a C@P exam for HB either. It was awarded in my decision. They worded it as a serious disability. J

If you can prove it is related to the Anthrax Vaccine then you have a shot. See this VA Information. GENERAL COUNSEL PRECEDENT OPINION ASSESSMENT VAOPGCPREC 4-2002 What did this opinion hold? If evidence establishes that an individual suffers from a disabling condition as a result of administration of an anthrax vaccination during inactive duty training, the individual may be considered disabled by an “injury” incurred during such training as the term is used in 38 U.S.C. § 101 (24), which defines “active military, naval, or air service” to include any period of inactive duty training during which the individual was disabled or died from an injury incurred or aggravated in line of duty. Consequently, such an individual may be found to have incurred disability in active military, naval, or air service for purposes of disability compensation under 38 U.S.C. § 1110 or 1131. How does this affect VBA? This opinion affects VBA procedures - consideration should be given to updating M21-1. The provisions of this precedent opinion can be applied to any vaccination against disease. What is a brief summary of the background and analysis? In this opinion, the General Counsel held that an anthrax inoculation given to a veteran during inactive duty training may be considered an “injury” for purposes of determining if a disability should be service connected. This General Counsel opinion did not describe the type of evidence, however, that should be used to establish service connection for a disability that is claimed to be the result of the vaccine. As explained in a notice published by VA in the Federal Register on July 6, 2001, studies reviewed by the National Academy of Sciences (NAS) have not reported significant long-term adverse effects of the vaccine. Federal Register, Vol. 66, page 35702, July 6, 2001. As a result, no presumption has been established at this point for a disability that is caused by an anthrax vaccination. Of course, a claimant may attempt to establish by direct proof that a non presumptive condition was actually caused by an anthrax vaccination. If we deny a claim for service connection for a disability claimed to be caused by an anthrax vaccination, we should explain to the claimant as part of our duty to notify that competent scientific or medical evidence which establishes that the vaccination actually caused the disability is required

Jesse, also pat yourself on the back. Without you, he would still be drowning in the VA river of wait. Congrats to your son and as Pete said, IU. J

Last I heard he was in Norfolk VA and had a web site www.vetdr.net. It is no longer there. You may want to search for him. J

Your employer will not know it. You tell the testers that you are taking it when you get tested and show them the bottle. The testing company will contact you and tell you tested posative. Give them the place and prescription number ans the results will say you are clean. J

They hand Narcotics out to Vets like Crazy in some places, and others it takes an act of congress to get it. If the Vet has Spine, Nerve, Migraine Issues, then there should be no reason to not get the meds needed to function. I know drugs are a bad problem anywhere in the US but If you need it to function, you need it. The Government is treating Docs like Drug Lords and they are afraid to prescribe the meds. You also get flagged if your spouse works at the VA. It is a good system if we lived in Russia. J

Congratulatins Leap. Job well done. Migraines are a bear to deal with. To put your service branch, go to My controls, edit profile. The second line is branch of service. Put your curser on the box and click once. Type your branch of service and go to the bottom of the page to update. Do you want USAF as your Branch of service? I can assist with that. J

It would be a good idea if it were handled correctly. The VSO has access to the RO and should be able to get to a claim at any time to check the status for his client. But no, They dont do that. I also think it creates conflicts of interest's by them being together. Lunches and friendships and ECT. The VSO should support Vets. They dont follow anything, just submit paperwork. I use them as copy people and paper runners. J

Congratulations Don. Now take care of yourself. Were you awarded no future exams? If so dont forget about champ VA for the Wife. They go back to the effective date and will remiburse you for MD visits and Pharmacy. Even if she has insurance they will still reimburse copayments. J

Make sure they get Dave's comp correct. He should be paid at the SMC S Rate. 100 percent Plus 60. About 300 additional per month. J

Let me finish mine up and the three of us can open a practice. Dewey, Cheatum and Howe. J

Here is a little tid bit from the old M21. 3. Handling Original and New Claims and Claims for Increased Evaluation, Continued e. Claimant’s Duty to Identify and Locate Records The claimant must cooperate fully with VA’s reasonable efforts to obtain relevant records from • Federal agencies • non-Federal agencies, or • Federal and non-Federal department custodians. The claimant must provide • enough information to identify and locate the existing records, including the person, company, agency, or other custodian holding the records • the approximate time frame covered by the records, and • the condition for which treatment was provided, in the case of medical treatment records. f. Claimant’s Duty to Authorize the Release of Existing Records If necessary, the claimant must authorize the release of existing records in a form acceptable to the person, company, agency, or other custodian holding the records. Note: If the claimant does not provide the necessary release, tell the claimant that he/she must obtain and submit the identified records for them to be considered. Reference: For more information about authorizing the release of records, see 38 CFR 3.159©(1)(ii). g. Exception to the Notification Requirement Exception: In cases where the evidence is sufficient to substantiate the claim and grant the benefit sought it is unnecessary to send the “notice statement” of what it takes to substantiate a claim. This exception only applies in cases where there can be a complete grant of the benefit claimed. If any development is necessary (including ordering an examination), the notice requirement should be fulfilled.

Was your BVA award based on New and Material Evidence? What was the original denial and what did the VA use to deny it. Was the award for records that had been recently discovered? I would have to see why it was originally denied. J

Payment would most likely start in August of 2007. I would call FERS and ask them straight out. J

Tim I sent you a PM. YTou can also go to www.military.com. You have to Join but it is free. Do a Buddy search. It depends on if they are a member or not. I have found several Navy buddies this way and I talk to some of them on a regular basis. I also found out that one of my best friends had passed away after he got out of the NAVY. Hope this helps. J

Sounds favorable to me also. CG, Forget the fingers, cross everything, Arms, Legs, Eyes. This is important stuff. Make the family cross theirs too. Keep the faith. J

Once you are awarded 100% P@T, You should apply for champ VA for the Spouse and eligible children. You have 180 days to file the initial claim which will allow you to go back to your effective date to file any Medical copays or MD Visits and Pharmacy benefits. The standard procedure is 1 year from treatment date after the 180 days has expired. This is important since even if you have insurance, it allows you to recoup your copayments. You can obtain copies of your EOB's from your insurance company. For Pharmacy claims, you can get the Pharmacy to print a history. J

Betty, tell the DAV to actually read the claim that is on his desk. He is supposed to put a decision in your file. Dont let them tell you to drop anything. Down the road that can be a big step in getting a SMC award like the S award or 100 percent plus 60. Hang in there. Email the DAV reps Name. I may be able to reach out and touch him. J

The most important readings when it comes to essential Hypertension are the readings with your heart at rest. DIastolic readings over 100 are compensable. Pay more attention to the diastolic readings. Usually the Doc will prescribe meds such as a dieuretic for High systolic readings, but for Diastolic readings you get beta blockers, ace inhibitors, ect. You should file for an increase if your numbers are at 100 or higher disatolic. J

Here is the rating criteria for OSA. 6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed): Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy 100 Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine 50 Persistent day-time hypersomnolence 30 Asymptomatic but with documented sleep disorder breathing 0 J

I see a major class action lawsuit here. Too bad I cant get in on the action. I know someone that can. J