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jbasser
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Posts posted by jbasser
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Berta posted the DRO job desccription on this site some time ago. It would be interesting to see the actual reasons and basis the denial was based on. I have always said that some Varo's are like a chinese fire drill. There is so much confusion in the system it is a wonder they get anything correct. I guess it is because of the backlog of having so many claims.
It would be wise to bypass the DRO in your case and get to the BVA.
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Tim, Anyone who gets 10 percent for PTSD should immediatly appeal. I was awarded 10 percent and appealed. The rating went from 10 to 40 as well as another 30 and 10 for HTN and Heart disease on an cue claim from 1995.
Appeal this and press the issue. most of all, stay on top of your claim.
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Goys dont give up on anything. Even if your 100 Percent. The additional percentages add up for other benefits.
If you are 70 percent IU, and you can get 100 Percent schedular, It is best to get 100 percent schedular. The Benefits outweigh the IU. You can even get a Job at 100 percent schedular.
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Bluegrass 30, Welcome aboard.
These folks offer excellent advice.
1) I want to add to the mix by advising you to go to the nearest VA to enroll in healthcare. Take a copy of your DD 214. Once your enrolled, they will give you a primary care Doc.
What is the closest VA to you?
2) Check up on your VSO before you sign their POA.
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It depends on the following data. If you have to have a sleep study, The results being read, Writing the prescription, scheduling an appt to come in to get the machine and also go over how to operate it.
I had an outside study done and faxed the results, I got the machine ( Auto Pap) in 1 visit. About an hour.
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Look at it this way, The VA relys on a disability percentage to determine the level. The SSA does not care about disability percentages, They care about the claimant proving that you can not perform any gainful activity with each step based on age discrimination against the younger person. If your 55 or older you have a better shot because the criteria is different, If your under 50, The criteria is as follows. Cannot do any gainful activity, Illness is expected to last at least a year or result in death.
Most attorneys laugh at the first appeal stages. They will not even concentrate until it is time to see the ALJ.
Remember 60 percent of all SSD cases are denied. Even folks with terminal cancers who never see a check because they die while waiting for the ALJ hearing. Is there anything wrong here? I have heard of ALJ's apologizing to claimants for the actions of the Social Security staff at the state disability level.
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Jangrin, Im glad everything went well and you got one of the good Docs. I hate to hear the bad stories often posted on this site as I know they are true but its good to hear positive information once in a while. I too have had nothing but good experiences with the VA Doctors.
I hope the Results are favorable and the battle ends very soon with some retro and a vacation.
It wont be too much longer now. Be sure to get a copy to share in a couple of weeks. This will tell you a lot of information and even give some clues to the level of service connection, using the information provided compared to the regulations listed in the directives.
John
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Stretch, good post. My Local VAMC has started a new smoking cessetation program in addition to the general course that actually goes into detail concerning PTSD and depressed Vets because they have a harder time quitting the habit because of the conditions they have.
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This post has been moved to the SSA forum.
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The hypertension claim did the same for me in November. Your persistance has paid off. Good Luck with your new found success. After you get the money, take a break and get out of Michigan for a few days.
Good Job.
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Old Romand, the SSA awarded benefits due to Cervical and Lumbad DJD/DDD. THe RO is using that as a denial tool.
In order to combat that denial you need to appeal the decision, file for Heart disease and the pulmonary secondary to the heart disease based on the agravation factor the heart disease has on the lung. The Key word is dyspnea or shortness of breath that acts as a double edge sword resulting from both conditions. If you are already service connected for Hypertension then it should be fairly easy to connect even though when dealing with the VA nothing is ever easy.You may not even need IU if you get the heart disease service connected. ( 100% schedular)
Good Luck.
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Alan, The MMSC is correct, If they do a cath and have to insert a stint, then it will be overnight. Also if they find anything serious, The Appointment timing is out the window and they will respond aggressivly.
I hope all goes well.
John
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Allan, The Wife does special procedures nad heart caths, She said that the Ultrasound is pretty good non evasive procedure that can actually measure vessels. You can see it on a screen while it is being done. If they suspect anything, Be prepared for a heart cath. ( The only true way to tell the extent of heart/ Vascular disease)
BT 2, Good Luck and keep us posted.
John
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Goiod Job Big Jim. That makes 2 wins out of Louisville in 3 months. Louisville aint so bad.
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I am rated 30 % for migraines. I was awarded last year based on the fact that they occurred in service as well as were Written as secondary to cervical spondylosis. As well as Tension headaches related to HTN. All you need is for a Doctor to nexus the Headaches to some service conected condition or Direct SC if in service medical record.
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50 percent SC pays no prescription co pays
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John and MS John M, I am estatic for you both. You have done well and should be commended. Persistance does pay. Once the retro hits the bank it will really sink in.
Kudos for a Job well done. This is a true success story and for that reason we are moving this post to the Success stories.
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Big Jim, who is your VSO, is it DAV or AL?
These people should be able to give you an exact location of your claim, especially Randy at the AL who has an office at the Regional office in Louisville.
John
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Tdak, dont forget the agravation factor, That is where a Service connected condition aggravates a NSC condition, for example. Heart disease causes shortness of breath and you have a NSC lung disability. Then the Lung disability can be SC'd based on the aggravation of the Lung by the heart.
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It looks like you need a second opinion from a radiologist to read the MRI. It sounds expensive but I am going to say the majic words, ( Sorry Callover) Dr Craig Bash. He is a neuroradiologist specializing in this field.
He would require the latest Mri and the one before.
The reader may not have compared the result to the previous study. Keep in mind that a disk is a shock absorber and can change position.
Good Luck
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I am moving this post to claims and research.
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Also be advised that if the Veteran has any heart related issues that can be attributed to hypertension it is also service connectable as secondary to HTN.
John
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For hypertension, it appears to me this veteran had elevated BP readings in service. The Veteran must also show a condition post service. You need to read the denial letter from the VA to see why th e claim was denied. If it states Hypertension preexisted service when in fact it did not, Then I believe this Veteran to have a valid Cue claim. It should be filed asap.
I am still amazed when I read the many methods that are being used to friviously deny claims.
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They continued the rating of 50% for my headaches as "...the record shows very frequent, completely prostarating, and prolonged attacks productive of severe economic inadaptability." DUH! I can't understand why headaches can't be rated higher. If I can't work because of the headache than whay not more than 50%??? VA logic.
That statement in itself makes you unemployable. If denied, appeal this to the BVA.
Aorta?
in Medication – Prescription Drugs-Health Issues
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Alan, Im happy this turned out OK, It would be wise to obtain a second opinion. ( outside of the VA)