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jbasser

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Everything posted by jbasser

  1. Ditto Pete. I also note that complacency is a prelude to surprise. There were still bullet holes in the buildings when I was stationed at Pearl in the eearly 80's. Looking at the Arizona Memorial every day made me think. We take too much for grantit.
  2. http://www.vba.va.gov/bln/21/Rates/special1.htm It is $677.00 per year
  3. Losartan is geberic for Cozzar. It is also used as a BP medicine. I was on it after lisonipril quit working for me. I had to switch to a higher dose of Lisonipril. (40mg) and add metropolol, norvasc.
  4. If his Job aggravated his condition it does not matter what workers comp says. Get an attorney. They are not like the VA. The VA can get away with dragging a claim out because you cannot use an attorney ulless you are at the appeal atage. WOrkers comp is nothing but disability insurance hiding behind a government program. Dont play the games these people play. I dont.
  5. What would I do if I was denied an increase and reveived the same letter you received. 1: I would write a NOD. I dont agree with your decision. list your reasons. 2. Next step, Call a local ssa attrorney and ask them who they Use as Occupational Docs for IME's and how much they charge.I used one and on examination, he found additional items. 3. Get all records and Xrays, MRI"S and have an IME. Let the doctor explain the effects on your occupation. An Occupational specialist trump regular docs or Nurse practitioners. Submit the docs opinion. That was the best 500 bucks I ever spent.
  6. They are buying us a tank of gas each month.
  7. Betty, I feel that you have been jerked around from A to Z by the VA. It is time you do something about it. Get an Attorney who specializes in this type of case. It is becoming more complex every day. It is Time to go after them including the untruthful docs that lied. An attorney can make them move on your claim. You may have to take your claim to the CAVC.
  8. Thanks for the reply's, I have to pay most of the retro back to a Disability Insurance Company.(Another bunch of Crooks). They say I am not disabled to their requirements and dont care about the VA or SSD. so their backpay depends on their change of action from bad faith to good faith with a guraantee in writing that the will not stop benefits until I reach full retirement age. J
  9. The VA Uses a schedule for rating disabilities that assign percentages based on the amount of wage a disability will cost the veteran on the NAtional Economy. Social Security Disability uses a listing level impairment list (You can research it under ssa.gov). It is called the Blue Book and you can look up your condition. If you meet the requirements you should be appproved for SSD. Social Security also has a strict definition of disability. They must find you cant do any work that exist in the national economy. They use Vocational experts at hearings that inform the Judges of jobs you are able to do. Has your attorney suggested you go for a Social Security IME? That is where you go to a Occupational Doctor and he examines you and goes over the entire record and makes determinations. Tell your attorney you need one of these exams and he should be able to help you.
  10. It took 2.5 years to get a hearing, Had an ALJ hearing on Nov 7. On the spot decision was rendered. Retro hit the bank this am. That is almost unheard of. Dont Ever Give Up. Jbasser
  11. Flatbroke, You need a heart Cath and you do not need to wait. I have said before that the heart tests are not as accurate and many people have these tests and think everything is ok. Get an appt with cardiology asap and if you have any of the following symtoms. get to the ER ASAP. Tightness in the chest, Upset stomach, Problems when having Bowell movement,Chest pressure, right or left arm pain or numbness, Mid Back Pain. For the DMII, have them do a test called an A1c. It measures the actual stickiness of the blood and is a better determining test for DMII. Good Luck.
  12. Write a letter to the VA elegibility staff and request them to wave your copays until your claim is resolved. If this doesnt work, get the heck out of there and go to the private sector. Ypu will get much more respect and dilligent care. I am actually in the process of transitioning back to the private sector since I was awarded SSD amd Medicare. Good Luck.
  13. I have considered doing the same thing myself. Slow and many delays. I cant understand why since this is supposed to be one of the smaller offices with not quite the workload of a larger office. They have been through 4 Managers since 2001.
  14. Jay, This is what I interpet chapter 30 to be. The rep may have been suggesting VOC Rehab. §21.264 Election of payment at the 38 U.S.C. chapter 30 educational assistance rate. (a) Eligibility. A veteran who applies for, and is found entitled to training or education under Chapter 31, may elect to receive payment at the educational allowance rate and other assistance furnished under Chapter 30, for similar training in lieu of a subsistence allowance, provided the following criteria are met: (1) The veteran has remaining eligibility for, and entitlement to educational assistance under Chapter 30; (2) The veteran enrolls in a program of education or training approved for benefits under Chapter 30; (3) The program of education is part of an IWRP (Individualized Written Rehabilitation Plan) approved by VA. (Authority: 38 U.S.C. 3015, 3022, 3108(f)) ( Reelection of subsistence allowance. Reelection of payment of benefits at the Chapter 31 subsistence allowance rate may be made only after completion of a term, quarter, semester, or other period of instruction unless: (1) Chapter 30 eligibility or entitlement ends earlier; (2) Failure to approve immediate reelection would prevent the veteran from continuing in the rehabilitation program. (Authority: 38 U.S.C. 3015, 3022, 3108(f)) © Services precluded. A veteran entitled to vocational rehabilitation training or education who elects payment at the educational assistance rate payable under Chapter 30 shall be provided the same training and rehabilitation services as other veterans under Chapter 31, but may not be provided: (1) Subsistence allowances (2) Loans from the revolving fund loan; (3) Payment of costs for: (i) Vocational and other training services; (ii) Supplies; or (iii) Individualized tutorial assistance. (Authority: 38 U.S.C. 3015, 3022, 3108(f)) (d) Chapter 30 provisions applicable. A veteran who has elected payment at the Chapter 30 educational assistance rate must meet the same terms and conditions as other veterans pursuing similar training under these programs. (Authority: 38 U.S.C. 3015, 3022, 3108(f)) [49 FR 40814, Oct. 18, 1984, as amended at 54 FR 4283, Jan. 30, 1989; 57 FR 57108, Dec. 3, 1992; 62 FR 17709, Apr. 11, 1997] Supplement Highlights reference: 30(2)
  15. Jay, This is what I interpet chapter 30 to be. §21.264 Election of payment at the 38 U.S.C. chapter 30 educational assistance rate. (a) Eligibility. A veteran who applies for, and is found entitled to training or education under Chapter 31, may elect to receive payment at the educational allowance rate and other assistance furnished under Chapter 30, for similar training in lieu of a subsistence allowance, provided the following criteria are met: (1) The veteran has remaining eligibility for, and entitlement to educational assistance under Chapter 30; (2) The veteran enrolls in a program of education or training approved for benefits under Chapter 30; (3) The program of education is part of an IWRP (Individualized Written Rehabilitation Plan) approved by VA. (Authority: 38 U.S.C. 3015, 3022, 3108(f)) ( Reelection of subsistence allowance. Reelection of payment of benefits at the Chapter 31 subsistence allowance rate may be made only after completion of a term, quarter, semester, or other period of instruction unless: (1) Chapter 30 eligibility or entitlement ends earlier; (2) Failure to approve immediate reelection would prevent the veteran from continuing in the rehabilitation program. (Authority: 38 U.S.C. 3015, 3022, 3108(f)) © Services precluded. A veteran entitled to vocational rehabilitation training or education who elects payment at the educational assistance rate payable under Chapter 30 shall be provided the same training and rehabilitation services as other veterans under Chapter 31, but may not be provided: (1) Subsistence allowances (2) Loans from the revolving fund loan; (3) Payment of costs for: (i) Vocational and other training services; (ii) Supplies; or (iii) Individualized tutorial assistance. (Authority: 38 U.S.C. 3015, 3022, 3108(f)) (d) Chapter 30 provisions applicable. A veteran who has elected payment at the Chapter 30 educational assistance rate must meet the same terms and conditions as other veterans pursuing similar training under these programs. (Authority: 38 U.S.C. 3015, 3022, 3108(f)) [49 FR 40814, Oct. 18, 1984, as amended at 54 FR 4283, Jan. 30, 1989; 57 FR 57108, Dec. 3, 1992; 62 FR 17709, Apr. 11, 1997] Supplement Highlights reference: 30(2)
  16. Jim, did you have to go to ALJ. How long did it take you to get your check after you were notified? I am still looking for Mine to get here?
  17. It seems everyone is correct on this issue. I have had the R/O lie to me for 15 years over a hypertension and headache claim stating there was no evidence of treament in the service records. After a Doctor pointed it out to me and showed me they lied, I became Irate. After the doc wrote it up, I had no problem in getting Service connection. The CUE will be going in front of the board soon and I should win that one too. Dont give up and keep on throwing punches, eventually they will fall. J
  18. Usually they notify you within 2 weeks befiore the hearing to ensure they have all of the evidence. The ALJ can also issue a decision without you attending a hearing. The ALJ can issue a bench decision at the hearing if it undoubtedly is in your favor.Pay attention to undoubtedly. Good luck
  19. Tell the VA to issue a new one. It should say service connected.
  20. Get an attorney to file the appeal. It would be nice to find one that is aklso a Doctor.
  21. Mine was there for 6 months then it went back to the Developers and then back to the rating board, Then Congressman steppped in and it went to SCM desk then it went to Rating board, to the DRO and finally signed, Over a year. What you want to know is this. Tommorrow call your representative at the RO if you have one and if you dont, you should, Ask, them what month and year the rating board is currently working on, They usually tell you. and if you know when you submitted the claim, You can see if they are working on your claim or not.
  22. Are you talking about national parks? If so anyone who is 100 percent VA or SSD can get an America the Beautiful Pass. It does not entitle you to free entrance, Just 50 percent off. If your talking about theme parks, Id like a little more information.
  23. This may be the best way to pursue Service Connection for your heart condition. Obtain all records. Go through and organize them. Then call a local attorney who specializes in Social Security disability cases. It may take more than 1 call. Ask them for the name of a MD that can do an IME. ( Independant Medical Evaluation) Make the appointment and before you go, send the information to the doctor for review. Copy the C@P examination for heart disease and have the Doctor follow the steps. The Doctor can nexus the current condition to the original condition. Get his opinion and file it as your evidence to reopen. This may cost upwards of 500.00 or more but it is worth it.
  24. This is a continuation from Googy Continued: I submitted the SMC AA claim in July 07. I received 2 VA letters at the same time. I had a C&P the same day I turned in the letter asking if I had any more medical records to submit. I knew I had numerous letters to substantiate my claim, but somehow the box was marked "Does not have any records to include". I am not sure they even read this right. Well, they processed it in 2 1/2 weeks and I got the letter from the DAV with the abstract of what to expect. I said they were continuing the 100% SC PAT and the 60% SC Cardiomyopathy, were adding 4o% for R arm and 50% for L arm. They are just as weak as the weakness found in my legs so I don't get this. They also said they were denying me "a higher level of SMC". What does "higher level of SMC" mean? Again, we only found out about this being processed so quickly and that it was already at the rater's desk "on deck". I called her and asked if we could submit med records and letters and she said yes. So we amassed what we have - about 2 1/2 inches high, tabbed and highlighted in a large notebook. I hope that this was the right move. I even have a VAVD form 10 filled out by my non-VA PCP along with a letter from him. Those personal letters from wife, daughter and long time friends were bot heartfelt and detailed. I am just so nervouse about a long, drawn out appeals process. I might have to get some ringers like that CUE case in 1988 (then I had a VA and University geneticist, a Senators Representative, my father and my wife there, and the geneticist cooked em) When I get SMC and AA and an "effective earlier date" from 1997 until the present, then I will go after IU from 1985 til 1997. Does this sound reasonable and/or well presented? Any remarks, opinions and assistance would be helpful. Thanks, Googy
  25. Robert is exactly right, It also took me 2 1/2 years to get it. The time frame goes like this: File claim and receive first denial 6 months Appeal claim and receive 2nd denial 3 months. Appeal to ALJ stage to actual hearing 21 months. What you should know. You must meet a listing level impairment to get it on the first try. SSA denies 60 percent of all cases. Of those 40 percent win at the ALJ stage. SSA can and will discriminate based on age, especially if you are younger than 55. They will have a Vocational Expert at your hearing. Psycological issues are a lot easier to win than actual physical impairments. You need to get an attorney, get one that specializes in SSD cases.
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