jbasser

Yoggie, I think you will be OK. The Depressive disorder is secondary to your service connected disabilities. According to the schedule for rating disabilities, You should be Service connected. J

Mountain Tyme, send and Iris question to the RO. The Manager will pick it up and reply. Ask the service center manager to call you. Tell the manager you arent happy with the way you have been treated. Mention the jerk by name. Be nice but also be very blunt. If so, quote the regulations on code of conduct for federal employees. J

Title 5 united states code of federal regulations.

A pension plan is a retirement plan. Social Security is a Retirement plan. No offset. A Disability insurance amount and SSD are disability insurance plans and they do offset to the amount of the SSD. A Foreign plan should not be unless it is earned on US soil such as an US Embassy. You still have to meet the requirements for SSD to file.

TDIU can be P&T if the condition warrants it. § 4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501) ( It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. [40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

This post has veered off course. The main question was has anyone used Dr Bash for an IMO. It has turned into a Whose Who, Dr Bash, Dr Barson. The Bottom line is this. If anyone wants to check out Dr Barsons credentials, do it on your own. If you want his license numbers since they are public Knowledge, Ask him to send them to you. I have checked him out and I have found out that he is an Occupational Doctor and he is legitimate. His designation is not that of a MD. It is a DO. Doctor of osteopathhic medicine. That specializes in muscoskeletal conditions. I also checked out Dr Bash. He is a Neuro-Radiologist. He is a good Doctor,he reads Xrays. However, If Barson were to issue a counter opinion based on an occupational issue, He would win because of the Occupational designator in his title. An opinion from an Occupational Doctor Trumps most opinions, Also Dr Bash shys away from PTSD illnessed. Dr Barson does not. Having Both Doctors assisting Veterans is a asset. We should be thankful there are willing doctors available to assist Vets. Hold both of these Docs in High regard.

Sleep Apnea is a condition that aggravates hypertension. Hypertension is listed as essential hypertension for anyone does not know the spacific cause. If you are service connected for hypertension, OSA can be rated as an aggravation factor. It does not matter if it was developed in service to get connected for it. Now in the worst case, sleep apnea can also lead to pulmonary hypertension and cardiac problems like right side heart failure. The Electrical circuitry can be disturbed causing the heart to quiver instead of beat to pump blood and a person can die in his sleep suddenly.

Vet Dr, Welcome to Hadit. I want to point out that Dr Barton is also a Vet with a Va disability. That enables him to be part of the Hadit Family. I am married to a Medical Professional and the Knowledge and assistance I have received from her has helped me in more ways than one. Any medical expertise related to a Veterans conditions would be a real coup for Hadit. Thank you for your service. I am a fan of Dr Bash too. He has helped copious numbers of Vets to attain their benefits they have deserved. I am also a fan of my Wallet and if it can be done at a savings, jump on it. As we all know we are not getting rich on disability payments. I have saved your contact information. Jbasser

The VA will rate headacheds under Migraine criteria. There is no other rating criteria for Headaches. The ratings are based on number of episodes or hedaches and the frequency of the headache.

Donnie, The DDS is at the state level. They must forward their decision to be reviewed by SSA.

Rockhound DIG means diagnosis code and SDIG means secondary diagnosis code. You can find these on the web.

Not to mention that it clould also be a protected rating with the 20 year rule.

Carlie, your correct. I hit the S button once too many times.

It sounds frustrating that you received that information. Is the RO that Dense? Do they all posess a bad case of dumbassitis. It seems that way, but this confusion was actually a plot and it was most likely done on Purpose to get you to respond so the response and the claim will take more time. This is justa sample part of the tricks of the trade. Oviously they have not even looked at the ED claim. You can write a statement in support of claim or you can ask for a hearing, or a meeting to see the claims folder. You can take a rep with you.

One- Zero here is a way to get around the single 40 percent rule for IU. Are you service connected for your fracture of C spine vertabrate? Is it under Degenerative or traumatic Arthritis or is it under IVDS? They should separate the rating at the percentage for the neck and add the radiculpopathy secondary to the fracture. Since it was caused by the same accident, then they must add the ratings to get to the 40 percent. Another is heart disease? I am sc 30 percent for Heart disease secondary to Hypertension. Add another 10 for the Hypertension and I have the required 40 percent. read below. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable.

Will, you could do an SSd attorney search and ask one for the name of a good occupational Doctor who does IME's for them. They can also reccommend them. These docs are usually real good and some are also licensed attorneys who know the disability system. If you were close to my area, I could really hook you up with a good one. J

The DIfference between SSA and VA is that the person pays a premium into SSA and expects to get it back. With the VA, it is treated like a Person has sinned and how dare you file a VA claim. JMAC, I am happy for you, My Son got his back pay today. Go and file for the kids as soon as you get the letter. Take the Birth certificates and Sociual security cards with you. It only took mine 4 days to get his. J

Welcome to Hadit. Dont give up. You are 80 percent. I would ask for Individual unemployability. That pays at the 100 percent rate. On your multiple 0 percent Sc (11) of them, I would ask for a 10 percent rating for these since there is so many o,s. Dont stop until you are either IU or 100 percent schedular. J Basser

Josephine, Do you have a copy of the preious exam and a copy of the latest one changed. If you do, you may have caught someone with their hand in the Cookie Jar. Now is the time to get the attorney. If they are caught changing your records without any jurisdiction then you may have a federal case. No official record is allowed to be changed. There can be addendums added to the record with the effective change date but it must be controlled and signed off by who added it. That in itself is a viloation of the united states code record keeping and retention. I will state the reg later.

Carlie, I have sent you a PM.

Carlie, are you SC for your heart disease? There may be a way to service connect your lung disease using the aggravation rule for Asthma and Copd aggravate heart disease. Have you ever been diagnosed with Pulmonary Hypertension?

Lul2, in this case you may want to go to the VA where you had the C&P exam and get a copy to actually see what the Doctor said. If the Doctor did not follow the instructions per the clinicians guide listed on the VA website then the BVA has to request the Doctor to make one. If the Doctor feels like he cannot do so, he needs to state that he cant. Then then may send you to another doctor to get an opinion. The doctor should write the probability statement. If the DOc writes at least as likely, 50/50, more than likely, abover 50 persent, was due to, (100 percent sure). Less than likely, not as likely and most lokely not are the negative ones. The Title 38 under evidence lists Nexus. For example, The veteran has a cervical spine injury most likely caused by the way he supports his neck because the shoulder is elevated, or the veteran has a back injury due to the posture used to support his neck placed pressure and assisted in the deformation of the vertabrate. That is the way it is supposed to be done. Rockhound was also correct when he said they directed opinions.It is like an attorney leading a witness. They tried to direct 2 on me at a C&P exam but the Doctor told them them they were wrong. One way to fight a directed opinion is to say using the direction tatic means the RO is trying to seek a diagnosis in their favor as if they were making the diagnosis. These little tricks are used quite often. Good Luck

Allan, This post sounds familiar. I believe I posted the same same topic several years ago. Change would be a welcome sight for all involved. Payback I wish there were some way to make the changes and streamline the system. The VA hires outside consultants to make reccommendations for changes to improve the system. The VA attends the meeting, pays the Consulting firm a big sum of money and takes the reccommendations and files them in a special file. ( I wonder how many vets claims are in there also. As a former Employee of the VA I can tell you this. Unless congress is forced to change the system there will be no changes. The President does not have the power to change it. He has to get the votes in congress to do so. The VA secretary is a political appointee. As we know it, we are looking at a system designed to be this way as Allan stated. It is supposed to be Vet friendly, but the VA knew there was an avalanche ahead they designed the system imphatically with the intention of delaying claims. (Every step in the process has a time frame) The best advice I have to offer to ensure your own success is to add kevlar to your claim.

Lee, When I had my hearing last month, I arrived an hour early. When you check in they should let you review the file to make sure they have everything. Important points to rember, the Judge and Vocational Expert work closely together. The Judge asks the questions. The Judge may also ask leading questions, so be aware of that. Answer them to the best of your ability and tell them what you can and cannot do. Good Luck and keep us posted.

Betrayed, Congrats. That makes me happier than saying get the net.Your a definate model of persistance. You have been through so much. Its time to plan a fishing trip. J