jbasser

Dont forget that a PAO or VSO, who makes a mistake or costs a Veteran Retro should be able to be held accountable. Even theough a BVA may have denied a claim, If the POA gave them bad info or was negligent in handling of your claim., You can pursue action against them. You can write on your POA form that you reserve the right to make all final decisions when it regards your claim.

Thank god he is still here. Strokes are deadly and a survivor often suffers catastrophic effects that linger for life. I think being totally disabled by SSDI means he is officially retired unless he has an amazing recovery of his left side. just pray that the BP stays better controlled. The sudden drop in BP is Dangferous as that is where most strokes occurr. I am service connected fopr Hypertension.. If your husband has Arterisclerosis, He may also be in line for Heart disease service connection. go for broke and ask for the moon. The VA will send him for an exam to get an opinion for all. The SC for HTN is the Key. He should be 100 percent Plus an SMC for the loss of use of the left side at a higher comp rate. It depends on the level of function he has retained. ALso check with your State for the benefits of disability like homestead exemption or property tax exemption. There are several posts on Hadit about these and other benefits available.

They are in violation of 3.809 section D. Disabilities precluding locomotion. Wheel chairs. cranes, crutches. A Powerchair is the same value as a wheel chair if it is your main means of locomotion. J

Get copies of al lthe med records and take them to a MD to get an IMO. Have the doc state in language the VA can understand that the symptoms of the disease support a diagnosis. Then have the doc write a strong opinion as th the start of the condition by using the evidence available. The Va will not be able to rebut a well rounded opinion but the opinion must include the diagnosis, information reviewed, etiology and a relation to the current condition. Best of luck J

I would love to go, But I am going to Ky Lake. I am putting a Lowrance 520 on the boat and I need to test it.

John, these meds work on the cardiovascular system. They may effect the Kidneys. Your describing the effects of Nephritis. It is dangerous as it may also have BP elevation issues and cause a stroke or MI. I would have it checked out. J

I just received a check in the mail today for a refund of all copays I have paid for since 2003. I had been waiting for over a year for that to occurr. They dont bill my insurance for SC conditions. As soon as the Penny pinching Insurance companies actually realize they are paying for things they should not, believe me there will be a major stink about it. Its just a matter of time for someone to wake up ans smell the coffee. J

I talked to the RO today. The person was real nice and she explained it all to me. 100 percent P&T with a SMC (S) award. No further exams scheduled. Thanks to all for their input. Its been a long ride but the results are what counts.

Actually I had a friend who worked with me int he Private sector who applied for a Job at the VARO as a Claims specialist. He even used me for a reference. He was hored and I guess he still works there. I think he is an investigator now but I havent seen him in several years.

Pete, try this one. Call the VAMC dial (0) Ask for your primary care team or your Primary care docs nurse. ( get to know her name.) Leave her a message and ask her to have your doc refil the meds. She will send an email to the MD. It works for me and I have no problems. The Boss works there and she can bring the meds home with her. J

For a short time it seems to be raining Retro to some of us. Great Job.

You can also get a VA loan with zero out of pocket as well as pay no PMI or private mortgage interest. It will save you some money.

Send a copy of the denial letter to your congressman and the Federal EEO. Then talk to an attorney. You may have a claim for discrimination. The Postal service brags about hiring who they want to since most likely some non Vets son or daughter was most likely in the running for the same job and they needed an excuse to dismiss your application. J

Hi Jim, Have you had any radiation treatments for the cancer? If so do you still have your sense of smell? If not, the VA owes you this one: 6275 Sense of smell, complete loss 10 6276 Sense of taste, complete loss 10 Note: Evaluation will be assigned under diagnostic codes 6275 or 6276 only if there is an anatomical or pathological basis for the condition. If they hust blew it off, there may be a cue involved if an older decision is final. J

Betty, I consider this a temporary ploy by the VA to extend the waiting game. AN ALj holds more weight than the RO and anyone up the chain must have some strong evidence against a claim to reverse a Judges decision. Now it can be done but I expect it to be challenged in Veterans court very soon and I am sure the CAVC will dismiss this process. I also think it is a quality assurance check to avoid the many mistakes that are made in awards. Court rulings always superceed any VA decisions.

I woke up this morning after my week long trip, Exhausted but refreshed. I had a feeling, I had the mail on hold and it was delivered this afternoon. I was expecting a statement of case from the RO. It was supposed to arrive last week in rebuttal to my form 9 and appeal. This afternoon, The boss was sorting out the Vacation expenditures and she called the bank. Low and Behold there was a huge sum of money deposited this AM from the VA. It was almost to the dollar amount what I was expecting. I will wait to get the official letter and I will call my POA on Monday to verify. As soon as I figuree it out I will be in touch with you Lady T. I Know it is 100% P & T. Folks, dont ever doubt the elders on this board. The wisdom these folks have as well as the time they spend on this stuff is remarkable and sooner or later the rest of the Veteran Population will eventually see the light and land here. J Basser

Please follow this link. It explains Veterans and Social Security. http://www.ssa.gov/policy/docs/ssb/v66n2/v66n2p1.html

That was an RO led set up from the start. The regs are what makes a claim successful. Corrected serwvice department records warrants reconsideration. The Combat Stessor is Verified by his commanding officer. The VA is treating him as a lay person and not paying any attention to the CO at all. (Complete disregard). He never submitted the 215 in the first place. The VA looks at the 214 first. They consider it as a plain DD214. Thid is the trigger to all claims as Character of service is the first thing they verify. The 2104 is first. No info on the DD 214 gets an automatic denial.

Hi Berta, I was one of the ones chomping at the bit when this one hit. I also discovered another cue. The regs state that the VA is supposed to reeconsider a claim if Service Department records are received. My claims for HTN and Migraines were denied and The VA refused to reopen them even after they had received the SMR. They failed to apply the regs to the claim and I can prove it. © Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to: (i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met; (ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and (iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim. (2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source. (3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim. (4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

Folks, The VA did not have a copy of Yoggie's corrected DD215. The original one did not have his combat listed and the VA only had this one. I believe this is why they denied his claim. Since, he has submitted the corrected coipy and I truly believe the VA will do an about face and reconsider the claim. His stressors are verified by the DD215. Rich, Hang in there. You will succeed. John

I just received information from my Congressman that my claim was now being prepared. The VA sent me for a C@P exam 2 weeks ago and It backfired on them again. Doc said Lung condition was at least as likely as not related to SC Cervical Spine. ( Paralyzed Diaphragm) He also said the Appeal may be moot since the appeal for an IU denial. The reason was that the criteria meets a 100 percent schedular. (Pulmonary Hypertension) It should be P@T. I have 2 more issues on appeal. 1: EED for Hypertension based on cue and the new criteria for effective dates and recipt of service departmernt records. The CUE was VA lied and said there was no treatment or complaints in the SMR when there was actually 7 out of 10 readings were extremely high. 2: EED for Migraine headaches: Exact same criteria. VA said no complaints or treatment in service. SMR showed several treatments and complaints. I am asking for 40 percent retro back to the 1994 Original Date of claim based on recipt of service department records. The 100 percent should revert back to 08-2005. SSD award date. I will keep you posted on the outcome as it should be nearing crunch time. You Vets who live in Kentucky, Ben Chandler is the man. J

Pete is again correct. Also if you are disabled 10 percent or more, you dont have to pay a thing called a funding fee. USually 2 percent or points. The main benefit in a VA loan vs conventional financing is the 80 percent rule. Conventional states that if you dont have a 20 percent down payment you must pay private mortgage insurance or PMI. The VA has no PMI which saves the Vet a lot of money monthly. You can also finance the entire cost plus closing cost. It is all around a better program for the Veteran. J

I moved this topic to the Claims and research forum. Here, it will get more attention to detail from Hadits Best. J

Welcome to Hadit shipmate. Your chances of success are really good. Go ahead and also file for the residuals of a stroke and ask for 100 percent. The Stroke most likely is related to the hypertension. He should be rated at 100 percent and also qualify for housebound. He may even qualify for additional SMC compensation. As long as the service record has the diagnosis of HTN and medication was prescribed and he was treated for it post service he should be OK. Has he had a C@P exam for it yet? If he has not, dont miss the appointment. I am sorry he had a stroke. I hope he is OK. Hypertension is not anything to leave untreated. I hate being cursed with it myself. Keep us posted. JBasser

It is not wise to send a letter like this to congress. You should never use all caps.You should also use some type of spelling and grammer checker before you do actually send it. J