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Everything posted by jbasser
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There is actually a protocol. The C&P examination guide or sheets that I see or t he computerized forms do ask about secondary conditions. If a Doctor notes the condition you have an informal claim right there. you still have to file it. I have also viewed BVA remands about rating secondary conditions or instances called inferred claims. A claim not filed but the evidence is in the record.
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hypertension Hypertension And Herbicides Exposure
jbasser replied to a question in VA Disability Claims Research
Hypertension is on the presumptive list. Up to 1 year. Only kicker is that it has to be compensable. No zero rating. Now if you have presumptive AO exposure DMII, and you develop Hypertension, Then you should get Service connected secondary. You need a Doc to connect the dots for the RO. -
Ships built before 1975 did have Asbestos insulation on most of the steam piping systems. As for exposure, Boiler Techs and Machinest Mates did get exposed. ( See Navy Pies List). The most difficult part in the exposure is proving it. The VA and Navy will say that the steam pipes were covered with insulation and paint thus sealing the asbestos inside. One issue was when a ship took a hit or the piping burst or the insulation became damaged and allowed the fibers to become airborne. If you ever have documented insulation work or lagging experience and actually removed asbestos your chances of Service connection are increased especially if it is stamped on your medical record like mine is,it is not cut and dry as they have been denying my asbestos claim for years.
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Danang, The payments are made onthe first day of the month unless it falls on a weekend. Then th deposit is made on the friday before.
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Va Directive[s] "institutional Disclosure Of Adverse Events
jbasser replied to william n's question in VA Disability Claims Research
Take you a recorder and tape the meeting. Also have a Representatibe with you. An attorney is best but they are expensive unless you have 1 in the immediate family. If not, any certified med professional will do. Bottom line is Do not let them Bull you around. J -
hypertension Claim Denied...retro?
jbasser replied to walt's question in VA Disability Claims Research
It may have been inferred. That means they basically have conceeded the fact the Vet had Hypertension in service and are looking for post service Hypertension. If Hypertension is proven in service then it would not be presumptive, It would be direct service connection. The presumptive regs are out the window. One way to push this one through is to have a Doctor who treated the Veteran look at the BP readings since service separation and make an opinion that his Hypertension started in service. Also ask the Vet is he has any CAD or other heart disease? This can be secondary. Also his headaches may be secondary to Hypertension. Did they schedule this Vet for a C&P exam? -
hypertension Claim Denied...retro?
jbasser replied to walt's question in VA Disability Claims Research
Walt, in order to get Service connection for Hypertension, One must have medical evidence showing hypertension in service. The presumptive rule for Hypertension is: within the first year after service discharge the Veteran must show Hypertension that is compensable. That means that the Systolic reading (Top number) must be 160 or higher, or the diastolic (bottom number) must be 100 or higher. 160 / 100 is the threshold for compensation. Either or and not both. The word predominant also comes into play as the readings must be predominatly compensable. it also stated compensable with continuous medication for control. When I filed for Hypertension, They could not find my records either. It was denied for 10 years until they finally received the records. The still denied it saying the service medical records were negative for any hypertension. Upon review of the records, I caught them in a lie as the record had 9 BP readings, 8 were high and 7 of those 8 were compensable. I was awarded SC for Hypoertension, heart disease and have an EED cue claim on going for Retro back to the original date. -
68, Rememmber that you can still use a POA to assist you in your claims even if you do it yourself. I did the same as you but I used the AL as an information source. They did tell me about 10 days before I received my letter. Anyway, great Job on your claim and I hope you feel better. The Residuals are also listed on the schedule for rating disabilities.
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After dealing with VA issues for several years, It seems that there is a revolving door at the Regional Offices. The SCM's are always changing. You read the board and find several successes out of one particular office and all of a sudden the manager who approved claims is no longer there. Now if this is coincidence, then fine, But I dont believe it is. Since 2003, I know of one office that has had 5 different managers. Two of which were fair and did a good job approving claims. It is odd that they did not last too long. Just keep an open eye to this as you scroll through your VA letters. How many different signatures do you have?
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Decision On Earlier Effective Date
jbasser replied to Pete53's question in VA Disability Claims Research
Pete, the DRO reviewer is shooting from the hip. There seems to be a misinterpetation of the ruling in this case. Time for the old form 9 to proceed. If they dont back off of this, Stating a case that is totally irrelevent to your case may also be grounds for CUE if it was given as grounds for denial. Hang in there Pete. John -
ptsd Spinal Cord Injury Combined Rating 90% But Denied Iu
jbasser replied to rbhracing's question in VA Disability Claims Research
Ask for an increase in your Spine rating based on the fact you you cannot stand or wlk due to the Spinal Injury. 100 percent schedular is better than IU any day. -
Appeals Management Center Backlog
jbasser replied to Josephine's question in VA Disability Claims Research
Hang in there Josephine. There are a lot of rocks on the path to service connection but just keep kicking them to the side and move forward. It cant be too much longer. -
S. 2160: Veterans Pain Care Act Of 2007
jbasser replied to allan's question in VA Disability Claims Research
I also am 2 out of 3. I had to go outside for pain meds. The VA figures I dont need pain meds. The outside doctor went bezerk when I told him that. Darvocettis not on the VA formulary, however hydrocodone is. I pay a 10 dollar copay outside but inside I would pay nothing. I would love to be able to bill the VA back. I once asked a Neuro doc for pain meds and he laughed and said the United States has a Drug Problem. I said the ones that need it do not abuse it. That is when I cut off clinical ties and went back outside for treatment for serious issues. -
Hey Josh, How far are you from the Embassy in Bogata? The US embassy is american soil so I am willing to bet the ambassador would allow the VA to ship your meds there so you can pick them up. Check this out for it is probally the safest way to get them without someone stealing them.
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Deferred For Medical Poinion "opinion Recived"
jbasser replied to mrstix's question in VA Disability Claims Research
At leat as likely is are the magic words that puts the MD opinion as 50 percent sure t he Knee is related to service. This should award SC or at least envoke the benefit of the doubt rule. Sounds like a congratulations may be in order. -
ptsd Ssdi Time Limits For Backpay? Lawyer Is Confusing Me.
jbasser replied to 10thFO's question in Social Security Disability Questions
It goes back to the they find you disabled minus 6 months. So if you filed in June of 03, then it would be January 04. The only way you get the treatment is the attorney has played lets make a deal.I have heard of instances where The SSA is able to negotiate. For example, they told your Lawyer they would approve back to a certain date. If no they would deny it causing you to file an appeal. You can look at this at SSA website. Also do not panic if your first check is an SSI check. It is not a mistake but they will take it back out of another check. -
By all mneans man send this information to the RO asap. Explain that you are losing your car and possibly your house. Hopefully the retro is enough to allow you to survive this time around. If that does not work, call your local congressman. Ask for emergency help. If a claim has been decided and they are delaying for some reason that is not Kosher. Let them decide the other issues later. Hang in there. Be persistant and firm. Its your money they are holding. Not theirs.
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Can The Exam Dr. For C & P Ask About Different Medical Isues?
jbasser replied to jecsb4's question in VA Disability Claims Research
If the doctor is good and cares, then he or she may ask questons regarding other issues they feel associated with your C@P evaluation. I know one helped me out when she pointed out some errors the RO had made. Not all Docs are bad. Some are amazing. -
Lamontino, There are several good web sites that actuyally go into detail about RA. WEB MD, Wrong diagnosis.com, Cleveland Clinic Web site is very informative. You can even ask a DOC a question provided your lucky enough to hit at the right time.
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Berta, you are correct, There is one thing that differentiates between the exposure post bomb and a controlled Nuclear Reactor. ( Contamination) Radiation is energy admitted from an unstable atom or isotope. Contamination is particles of that energy in an unwanted area. Contamination can be inhaled into the throat and lungs. I had to wear TLD.s in servcie. It had 2 crystals. One was short term exposure and the other one was a mass dose crystal so if you ever received an overdose, at least you will know how much killed you. John
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100 P&t And Ssdi For Same Conditions
jbasser replied to coconutvee's question in Social Security Disability Questions
COCO, push as hard as you can to get your SSD. Long term disability claims usually last for 2 years then the Person is cancelled because they change their requirements. LTD companies are crooks. -
What about he Nuclear sailors who had to work inside of the reactor compartments when a Job had to be done, Would this be a Radiation Risk?
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100% P&t Is Now Not Going Away!
jbasser replied to Scottyp65's question in VA Disability Claims Research
Danang,if you leave an automatic transmission in reverse the back up lamp stays on and runs down the battery. Scotty, find out what basis or examination was used to sugggest the proposed rating reduction. Not knowing what you are SC'd for makes it a little difficult tohelp. If you can get your hands on the exam , compare the findings to the schedule for rating disabilities. If it is an error ( Most are) you may want to file an appeal asap, then file a writ of mandamus to stop them from taking any money away until a final determination can be reached. Also, how long have you been service connected 100 percent? There are protections for Service connection, The 20 year rule comes into play. If you can, let us know what the letter states and why they are considering the reduction. John -
SSDI is Social Security Disabled Insurance. SSI is a different program. Go to www.ssa.gov and look it up. You can go to your local SS office to file for SSI. Yoiu can also do it on line at the above site. There is strict criteria for SSI with total family income limitations.
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It would be a good thing if an independant investigation could be performed to find out the root cause for these errors. There are ways to find patterns and to separate the personnel who consistantly make these mistakes. Without thinking much, I can name at least 4 RO's whose office has done nothing but make mistakes on my claims. This will probally never happen. That is why it is ridiculous to wait for 15 years to get a claim straightened out. This may be acceptable to the younger Vets but for many vets, They wont live 15 years. Is it designed to be that way? We should turn up the heat and ask congress for help. I am going to forward the report to my congressman on behalf of all KY disabled Veterans.