jbasser

Cue is an attack on a final non appealed decision. If it is not,than a request for reconsideration or a DRO appeal would be the next step. I would ask the RO to Clarify the statement and send a letter to the Service Center Manager and your Rep. Put them on the spot and let them tell you where the word Personality disorder came into play. J

Carlie, is this it? http://ecfr.gpoaccess.gov/cgi/t/text/text-...idno=38;cc=ecfr I will keep looking

Hey Yoggie, Great tribute to the Late Jim Varney. He was from my neck of the woods. I know med reports are confusing as the Docs speak a diffrent lingo. If you dont care to make a copy, white out your personal info, I can have it translated for you. If you need my assistance, shoot me a message. I have done this for others in the past. J

Great Job. As the late George Pappard said" I love it when a plan comes together" Some of these Judges are actually decent and caring people. Too bad it had to go that far. If you can get the fax number to your VARO, you cal also fax it to them. The fax recipt is proof they have it. Also mail one. J

Donnie, Have you filed for SSD? If you get an approval from SSD it may ease the IU claim. Congrats on the 70%. Keep on to them. J

Ricky is right. Swveral at Hadit draw both including me. Having just won my SSD claim at the ALJ level,i can tell you the Judge will look at the date you became disabled. Then they will subtract the 5 month waiting period. Medicare clock starts ticking the same time as the pay date. I was fortunate, I was awarded in November and Medicare starts Next Week.

I am also 70 % Sc and I was recently approved for SSD. When I filed for SSD, I also filed for both Percent schedular and IU. The VA has yet to make the award. I am confident they will asit is a matter of time. Once you file for your SSD and get it, Then Ask the VA to rate you 100% P&T (Schedular) Remove the IU Designation. It is always better to be schedular maxed than IU for if you dont get SSD and you are schedular, At least you can still attempt to work and not be penalized by the VA.

Service connection is either directly related or presumed to be related to a condition that occurred during service. Aggravation means the extent that a non service connected condition effects a service connected condition or an activity in service actually aggravated a Non service connected condition. They only pay the amount of aggravation for comp.

I would like to wish everyone a merry christmas. It is a time for giving and a time for remembering the ones we love and the ones who left us. Lets not forget, yet let us remember the good times we had.

Hi Ruby, Like Pete said, Welcome to Hadit. I feel for you because I know what you are going through with the spine. I have been there and It hurts. You need to file for SSD quickly. Your age and impairments should get you over the hump. You should also file to IU at the VA. It pays the same as 100 percent. Did the Docs ever diagnose your back. You posted Auto Immune. An auto Immune is where the body thinks a part is foreign and turns on itself. Lupus is one disease that comes to mind. Also ask the VA to decide your claim quickly as you are enduring a financial hardship and may lose your home. They tend to react quicker.

Here is a little bit of Insight from the M21 as a heads up to claims personnel. "Exercise care to avoid violation of the provisions of 38 CFR 3.951 and 38 CFR 3.952 for compensation and pension disability benefits." Do not reduce an individual disability evaluation that has been continuously rated at or above the current level for 20 years or more except in the case of fraud per 38 CFR 3.951(B). Measure the 20-year period of 38 CFR 3.951(B) from the earliest effective date of the combined or individual evaluations. Note: For purposes of determining whether benefits were received for a continuous period of 20 years, include periods during which recoupment or deduction applied to an award. Now also the date benefit granted is the effective date. For Vets who win older claims. If you have been Service connected for 20 years and they are trying to schedula an exam in an attempt to reduce a rating, You should quote the regulation. Doing this in their case is actually a violation of the reg and can be counter filed as a cue claim. It also may be a form of harrassment. Also,if you are disabled enough to get VA comp, and you improve and can work more power to you. Dont quit going to appointments and if your in pain, tell them. People with progressive diseases like ALS or MS, or Neurologic problems, paralysis, mestatic cancers, Restrictive, obstructive lung diseases should not worry too much about this issue. You have no choice but to go to MD appts.

The final push is to get your disabilities rated permanent and total (P&T). Once that is obtained and time passes by there are protected rating criteria that comes into play at various intervals. Once the protected ratings are set, there can be no reductions unless the VA finds there was a CUE in the original decision.

We have one here at the Local VAMC that was terminated for abusing sick leave as he was going to VA appointments. He blocked the register and they had to hire him. Well someones Kin didnt get the job until they fired him. I know of an Iraq Vet fired from VA police for a minor incident. I posted the first one on Hadit last year. I will look it up.

Here is what I did, I took each document and scanned it into a PDF file into the computer giving spacific filename for each. I then saved 2 copies on a CD Rom and keep one in a safe deposit box and the other one I keep in another location. My file had close to 4000 pages and it makes it easier. I started this project in 2005 and I have scanned everything I received. This is also helpful SSD and other disability avenues like LTD/STD.

A least as likely as not will work for the VA raters. The 50 percent puts the claim in Equipose and the Benefit of the doubt rule should Kick in. As long as there is no negative evidence.

Jay, your situation is not unlike mine. I do wonder if these folks know what they are doing? I really dont think they do. I think is must unorganized chaos at the Regional Offices. I have written IRIS inquiries and outlined issues to make them clear and one time they actually did it. Stall tatic is most common for these folks.

I know several folks who actually do C@P exams. The good ones do their homework and I am willing to bet that your record was studied in advance and that the examiner had an idea about your condition before you arrived. It is nerve racking but I think you are going to come out OK. Get a copy of the report anyhow.

Ricky, that cue would be along the lines of procedural error. Not following the regs as they are stated and in this case "clearly stated" constitutes CUE in my opinion. I cannot believe a DRO reviewer would let this proceed. How can they rate the residuals if you have not been examined. Buckle down and go after them on this one. J

Wjack, I need some more info. I also have Pulmonary Hypertension associated with Lung Disease. You need his doc to write a nexus letter stating that your fathers naval rating or Job as well as being aboard ship that contained asbestos insulation was his first exposure. Then his Civiian occupation was his second exposure. Link both exposures together so they cannot play one against the other. Once you get the asbestos Service connected ask for 100 percent schedular because of Pulmonary hypertension. That disease in itself is the most serious. It is an automatic 100 percent when associated with Lung disease. ( Does not matter what the Lung disease is rated at.) Ask for a DRO and If need be, I can assist or even write you a letter. ( I was a Naval Asbestos Worker specialized in shipboard removal) and have the credentials in the service record to back it up.

William, just be honest and answer it to the best of your abilities. They will also send your wife one to fill out fairly soon. They dont care if you can do light housework, or even use a riding mower for the grass. Good luck,. J

Vso's and hadit go together like bannana pudding and sour kraut.Hadit is like pudding for the cookies are still crisp and the information is accurate. VSo's are like Kraut because you kind of pucker up after you have eaten it and you wonder what you have just done. I know several reps that are X va employees. There is a National level AL rep named Randy Fisher. I used to work with him at the VA in Lexington, He was a Nurse Manager. Great Guy.

Phillip, that is an excellent point. This item should be clarified and posted on Hadit home page. As I understand the regulation, 60 percent for 1 disability or a total of 70 percent with 1 disability at 40 percent. Then the reg goes on to say that ratings of the same bodily system will be considered combined. A Vet who is Service connected at 30 percent for Heart disease and has a separate 10 percent rating for Hypertension would satisfy the 40 percent rule.

Go back to the office and ask to see your claims filder and look at it. Then request a copy. If you have a POA, have them find it if you cant go personally, But if it were me, Id go. I bet they do have them. They just arent looking. J

Shann, the old fameous disappearing bone spurr. Ask for a copy of the Xray at the VA medical records/release of information. There is a report issued by a radiologist. The docs like to compare older ones with the newer ones so if you have only had 1 at the va, there may not be a comparison. Get your outside doc to write an opinion and have him state the xray results. That may help. Also keep an eye on the bone spurrs. They can form and compress nerve roots and then your in a world of trouble. It happened to me. Several areas of neuropathy. J

Yoggie,I just sent you a PM. Youy need to read it.