jbasser

Betty, weighing your history and your inability to work for all these years as well as your gaf score of 40, which means you have a serious impairment in social function. You will get your IU and they should make it P and T. Personally, with that score and C@P IU should be a moot point for you should be 100 percent Permanent and total. J

The VA can take away compensation and reduce a disability to zero, however, he still should be awarded treatment for the condition asit is still service connected. Did the VA find the rating in error when they awarded him 10 percent? Are they using the car accident against him? If they reduced him and his Knee condition had not improved, Then there may also be a Cue involved.

Fog, follow the link I have attached. You pay no copayment. Your procedure will be covered as part of the VA benefits package. If you or your wife have insurance, it will be billed if not, no big deal. http://www.va.gov/healtheligibility/Librar...CopayGlance.pdf Hope this helps. J

Hypertension and Diabetes actually go hand in hand, one usually follows the other. Your next issue may possible be CAD. I am Service connedted for the HTN and have DMII but have not filed the claim. I most likely will not as I cannot see myself getting any additional compensation for the DMII. Check out the HTN to see when you were diagnosed with it. It could be SC issue if you had High readings in service or within the first year post service. ( Presumptive for 1 year) It is wise to try to get is SC. There are a lot of secondaries that a Vet can get attributed to DMII. J

On approved issues, you willget an award letter that will usually state that the undecided issue is still being processed or is being deferred to a later date. If you have a heads up, keep an eye onthe bank account balance as it usually arrives before the letter. J

We have to also realize that each individual case is held in its own regard. Dr shopping is actually a term intended for folks who go from Doctor to Doctor for prescriptions. The VA has a system in place to go opinion shopping but the title 38 ( Medical opinions) was derived to prevent the practice of the VA opinion shopping until they get an opinion in their favor. Disability insurance companies do the same thing and usually get their heads handed to them in Court. Now us as Veterans have the right to seek whatever medical opinions we desire. Most of us have long medical histories and we actually need a Doctor to organize our folders and put time frames on out issues. This works well with both the VA and SSD. I advise anyone who is activly seeking benefits to get an IMO or an IME. The Nexus often resides in the history of the illness. J

Schedular 100 percent is a 100 percent rating without the IU factor. Also remember that if you have a single disability rated at 100 percent and another one or combination rated at an additional 60 percent, you qualify for an SMC S award. You can look at the rate tables onthe VA website. But at the 100 percent rate you would receive $2669.00 for you and your husband. WIth the smc S arward, you would receive $2971.00. If it is a Permanent and total, ( It should be) your husband would also be eligible for chapter 35 benefits and champ VA insurance. No More Co Pays.

Betty, I agree with John. The least you should get is IU. The VA may pass on the IU and award you 100 percent schedular. The doc did a good job. I just hate the fact that you had to endure this VA RO's game for as long as you did. You are almost done as the exam is already on its way to the RO in huntington. Expect an award in about 30 days or maybe less. John

Shane is right. The VA uses the avoidance of pyramiding rule. They will not rate the same segment of the body for 2 different things, just the one that presents the most serious disability. Now if your disk problem caused any radiculopathy, then the nerves that are effected warants a separate rating. J

Did you go all the way through the appeals process to the ALJ level? 60 percent of all SSD cases are denied just because the SSD can do that. ( Your states DDS are the actual ones shafting you), However, 80 percent of those 60 percent are awarded at the ALJ level. If you have not files a request for reconsideration from the last denial, I suggest you do so. Then get an attorney who does nothing else but SSD. Ask hom to set you up with an Occupoational Doctor to review your case and medical history and examine you. The Doc will put the claim into perspective. He should know what you can or cannot do in a 8 hour workday and believe me, That is what counts when going in front of the Judge. J

Dave,the VA will send you for a c and P exam to get their opinion. You do need to get MD notes from outside sources. It can be done in 30 days. They are wanting a nexus that puts the Heart attack and the DMII in priximity to one another. That is done by the Doctor explaining the relationship in your case between the 2 issues. Good luck with your claim. J

My best advice is to go after the easiest 10 percent claim to Get inside. What was this Vets MOS and how are his ears? As for a scooter and SS, There is still a 20 percent copayment to be made. Most folks dont want to pay that unless they have to. J

To save you a lot of bumps in the road and a whole lot of time, you may want to fill out a 21-4138 and state on that form that you want to file for an increase of your service connected PF. Send it certified mail signature requested so they dont lose it. You may also want to seek treatment for the condition. You are in Priority group 3 at the VA with 10 percent so they cannot turn you down for treatment. The means test is called a financial means test. Everyone except for folks that are SC 50 percent or higher have to fill this out. The VA still bills your insurance for NSC conditions if you have any. If you are below the VA threshould for income then the VA can also waive the copays. Remeber, they will not give you anything, You have to ask for it. Good Luck J

There are 2 tyoes. 1 is called IMO. Independant mexical opinion. Theother one is called an IME. Independant medical examination. IME is more detailed than IMO. The Doc examines you and compares history to provided records. Used predominantly for SSD claims, However,I have seen more recently for VA claims. J

The readings of the BP are what comp is paid. 160/100 either systolic or diastiloc is 10 percent 200 / 110 20 percent Diastolic 120 40 Diastolic 130 60 The VA likes to use the owrd predominantly. That means the majority of the readings must be compensable. J

In your case, you get oner of those 10s or add a 10 you will get 90 percent. Anyway,I am thinking IU. You meet the regulatory requirements. J

http://www.expertwitness.com/category_search.phtml 817-898-0246. These folks may help you. Remeber you should know what your disabilities are and how they rate to the VA system. AN IMO is a good thing to place a Nexus to service. Even if you get an IMO, The DOctor shopping VA may try to counter with their own DOcs. J

http://www.expertwitness.com/category_search.phtml 817-898-0246. These folks may help you. Remeber you should know what your disabilities are and how they rate to the VA system. AN IMO is a good thing to place a Nexus to service. Even if you get an IMO, The DOctor shopping VA may try to counter with their own DOcs. J

Jay, I posted this information some time ago on Hadit. Here is a little helpful information. If you need a IMO doctor, look on the web and also contact a SSD attorney who can point you in the right direction. These IMOs are usually targeted toward the disabilities and working. The VA is actually set ups imilar and these Occupational DOcs trump the VA when it comes to disabilities and work. You can also use them for SSD claims. They usually cost betweek $500 and $800. WHEN TO SEEK AN IMO/IME 1: Before seeking an Independent medical opinion these steps should be followed. A: Know what your disabilities are. B: Have in your possession all of your medical records as far back as you can. C: Have all correspondence in hand also. D: Have a copy of the VA examination guidelines from the web site for the issues you are seeking. E: Be sure to select a Doctor that specializes in your area of interest. You would not go to a proctologist for a headache? 2: What type of doctor to select. A: If you have nerve issues, see a neurologist or other similar doc. ( Neuro Radiologist), This also works for headaches. B: If you have bone issues including arthritis, broken bones, see an ortho doctor. C: PYSD. Should see a Psychiatrist. D: Cancers should see an oncologist, Internal Medicine Specialist. 3: For Social Security and TDIU seeking individuals should use the following. A: You should compile all of your claims information from any source and see an Occupational Specialist. These Doctors know the government regulations for workplace activity and can win your claim. B: To get into contact with one, Just call a Social Security Disability attorney and ask who they use for IME"s. You should make copies of your medical information. You should go ahead and file the claims with VA or SSD to protect the Payment date then proceed with an IMO. For SSD cases, It is better to move quickly. SSD will send you to a Doctor for an evaluation. Beat them to the punch. it is imperative the IMO docs opinions are worded for the RO to understand. They are looking for the phrases, At least as Likely as not, Most Likely or Less Likely. The Best case is the phrase was due to an incident in service. I am in no means an expert on this subject, This is just a road map that helped me win my VA claim and SSD claim.

Now your talking Larry. It is time to to sign up the spouse on Champ VA. Do it even if she has insurance or medicare. You can also go back to your effective date on the P and T to get copay reimbursed for any eligible champ va member. Many other Benefits kick in as well. I have all of the crappie poles and ect. Big boat and all but I tell you the truth when I say I have never caught crappie as good as I did when I was using a cane pole. I even Keep a couple in the boat. J

Jim, each resident is assigned to an attending Physician. If you have the notes from the visit, it may show you the note where the Attending read it and signed off on it. ( I have seen it on my reports.) It may not tell the title but just a name. There is no way they can turn these residents loose and not supervise thir work.

Ricky you on Key. I May add that the VA in Agravation cases states that claims are only awarded to the extent of the agravation. Get a Doc to clealr this one uo, J

Sleep APnea most likely did not preceed service for this man. When you are in service you are fairly fit unless you have been in for a long while and nearing retirement. Im My opinion : This is a secondary claim to ptsd and should be connected as such. Hold the phone. The Rater just hung himself.This ticks me off to no avail. He stated you were using a CPAP machine and then he said you were not. Send in a NOD of this and ask them to rate this claim correctly. Also ask them how can this possibly be correct if the rater admitted you were using a Cpap just sentences above. Show them both statements. Big, Bold. Ask them to please fix this CUE right now. It is a CUE. The ro has admitted CPCP use and CUED for not applying the proper rating criteria thus issuing a lower rating to the Vet at the 30 percent criteria. You should be 50 percent for Sleep Apnea. That is your Max unlss you have right side heart failure. If the decision is final, File off a Cue claim ASAP. Copy the rating criteria for 50 percent, Send it in with the RO's statement. If you have 100 percent single rating and other ratings totalling 60 percent you qyalify for housebound or SMC S. Around 300 per month. J

He will do whatever they higher judge at the CAVC tells him to do. They have their own system. To play ball usually means an appointment to a higher authority. Remember our fameous Boxer ALi: Float like a Butterfly and sting like a bee. ( Keep on fighting) Dont be like Glass Jaw Jones, Float like a butterfly and fall like a tree. J

Give him the time it takes to read and remember. Once he does, No problems expected. J