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jbasser
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Posts posted by jbasser
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The max rotator cuff for major is like 30 percent. The VA connected my left Minor at 20 percent just a month or so ago. Read the regs and range of motion carefully.
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Listen to Thursdays podcast and I will introduce you to one.
Tom Kiely out of DC.
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You really need to reference CAVC cases over the BVA. The Veterans court opinions have a lot more weight. Both are helpful.
Here is the link: http://search.uscourts.cavc.gov/
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4 hours ago, Berta said:
I only found so far, one asbestos vet at the BVA who had a lung biopsy:
"This veteran had a lung biopsy by the Mayo clinic but " The report notes that a specific diagnosis of the needle biopsy was unable to be made. The Veteran underwent a lung wedge resection of the nodule which revealed an old " etc."His claim was denied ,The DAV SO might be right but he needs to back that up-because I assume you do have a firm diagnosis of asbestosis and/or mesothelioma.Berta, I think I have an avenue to actually see the M21 and see if a Biopsy is required by law. I have read it and it does not say Biopsy, Just medical opinion to substantiate the claim. I will run this by my team to get more definate answers.
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For the purpose of Asbestos, here is the Navy's Asbestos Pies list. It requires MS excel or excel reader to open.
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1 hour ago, Buck52 said:
Yes I understand this but what defines the veteran housebound?
I have the 100% plus the other separate & distinct S.C. 60% disability and the rater did apply the SMC S Housebound because of these new ratings...ok I am not house bound I can still leave my home, mostly to the drug stores and grocery stores I have to I am the only one that can get out and drive..
The VA assumes we can not leave our house with these Type /Kinds of ratings
my point is my sc disability does not make me unable to leave my house.
I have difficulty at times with my sc disability's but I make do I simply have to, we got no one else to do these things for us.
I think if a Veteran can walk around or even hobble around or has profound hearing loss (which is my case) he can still get out and leave his house.
Housebound should be for the Veteran's that can't do this what so ever, so when we get a single disability and rated 100% for that disability and another separate s.c. disability 60% or higher that don't necessarily mean we can't leave our house.
My reason for asking this I heard through the grapevine that if a Veteran is granted the TDIU rather or not he is 100% or if he is less than 100% if he is granted the IU he is eligible for the SMC S housebound and is grated the SMC -S but needs a Dr to say in his medical opinion this veteran is housebound due to his sc disabilities.
WELL I WAS GRANTED THE TDIU back in 2003 and was not granted the SMC S HOUSEBOUND AND was needed to know if I was eligible for the SMC S Back then for some retro? but I had no Dr to give his opinion as to due to my disabilities this Veteran is housebound.
I WENT FROM 2003 TO Oct 2015 and filed another claim and was rated 70% for that ..ok they granted me the SMC H.B.
i DO HAVE DICULFTLY AT TIMES WHEN i AM OUT OF THE HOUSE DUE TO BOTH OF MY S.C. DISABILITES BUT I DO LEAVE MY HOUSE.
But I also have enough sense to not let them know other wise and there are times I can't leave my house due to my sc disabilities but not all the time 24x7
I guess if a Veteran can pay a private Dr IMO to give his medical opinion that due to his service connected disabilities he is housebound and they get the SMC S Housebound . rather or not he is actually Housebound
And if the truth was known you would see this veteran leave his house when ever he wanted...Well to me this is not being honest with your self and a disgrace to the veterans that need it but can't get it.
When ever I see a Veteran that is in a lot worse shape than me due to his sc disabilities but only rated peanuts it makes me feel sick.
I guess there's a big difference between deserve and eligible & Integrity .
The actual wording in the statute does not mention 100 percent. It states Total plus 60. Statutory housebound is solely based upon a total rating as in TDUI (The first word is total) plus 60 meaning according to VA math a veteran has a single 60 or combination adding up to 60 using the world famous VA math. With this statute you do not have to be physically housebound.
You do not have to be confined to your home. In the event you are confined one would likely qualify for a higher rating requiring the aid and attendance of another person or SMC L. This lies in the fact that SMC L opens door number 3 and the hallway leading to advance or higher level of Special Monthly compensation.
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That is Terrible Theresa. This is not a Joke. You must be diligent in protecting yourself. Whatever it takes. We are thinking about you.
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I am understanding that the Military did not tell this vet he had a MH disorder.
The VA referred to the MH disorder in the SOC. Responsibility lies upon the DOD. What year did you file the claim?
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Get rid of the VSO and get a certified claims agent. Been there done that. Why does any vet take the beating when dealing with these nice but over worked folks.
There are some excellent agents out there. Access to VBMS is very important, It keeps vets from filing the claim on Monday and setting up Guard duty on the mailbox starting on Tuesday.
I use John Dorle. Benefitsagent@comcast.net.
It does not matter where you are located. VA is now Nation wide.
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What ships were you on? When were you on them? You may have to have a Biopsy. But first ask why you did not get a High Resolution Cat Scan. or HRCT.
It may also boil down to the exact type of Asbestos used onboard your ships.
You may want to dig up your Navy Performance Evaluations and look on the back page of each one of them.
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Broncovet is on point. SMC S has 2 doors. One door is the need for actual housebound because of Service Connected disabilities. Door number 2 is to be rated Total either 100 percent P and T or IU and have an additional disability of 60 percent.
To be eligible for the higher level of SMC's one must be awarded aid and attendance. If you do not have that, you can be 1000 percent and still get paid at the S level.
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It would be wise to file for an increase instead of a new condition. If you file for a new condition the VA will make the day you filed for the new condition. If you file for an increase then the effective date will be the date the condition arose if filed within a year of the actual proof of disability.
This was cleared up during last nights radio show. I strongly advise any veteran who has a claimed spinal condition to listen to Dr. Bash's and Bill Creager's explanation of the spine.
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Happy Thanksgiving to all. The year 2020 has been difficult in many ways but as veterans we have witnessed adversity before .We conquered that adversity. Tbird did not have to start Hadit.com. She did. So lets all be thankful to the VA for putting an idea into her mind and fostering a movement that over the years has helped thousands upon thousands of veterans navigate the VA claims process. She has opened so many doors for veterans over the years. She has surrounded herself with amazing people to assist in the guidance and moderation of Hadit.com.
We all should be thankful for this website.
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If you have foot drop it could be rated as a loss of use. That changes the ball game.
Basser
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Go back on e benefits. Look at other disabilities and click on the ones that are available. It should explain your SMC and other benefits.
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Great Job Steve. I remember your battles. It is about time.
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Super Congrats. I know the feeling when that one hits. Like a concrete truck is lifted off of you.
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https://www.gov/health-care/family-caregiver-benefits/champva/
The forms to apply are on line. You have 180 days from receipt of the decision, to submit any and all claims your dependants medical care. It goes back to the effective date.
As far as CHapter 35, as long as the student is under the age of 23 and is enrolled and has selected a Major, Champ VA will cover them.
Call them and ask direct questions. Here is a Podcast with ChampVA that may help: https://hadit.com/hadit-podcast-replay-with-glen-johnson/
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Here is some additional information regarding the VA's removal of the DBQ's
Expect them back fairly soon.
https://barr.house.gov/2020/4/rep-barr-introduces-veterans-benefits-fairness-and-transparency-act
This issue has crossed our path several times on the Radio Shows. The issue was sent to Congressman Barr and he acted.
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DIagnostic code 5241 or Cervical Fusion will be based on Range of Motion. Any neuro deficits should be rated separately. It really depends on the examiner and the opinion that is asked by the RO? I do not think you will have a major issue but keep in mind a good IMO doc kept on standby could not hurt.
It is a wonder every joint in your body has not been shook apart riding in those cement mixers.
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Berta These claims may have been developed for denial which sadly the VA often does. The Presumptive in this case should make this a open and shut award.
This would also make a good Podcast. We could get a guest to tackle it. I am thinking of Thomas Kiley out of DC.
If you think it is worthy of a show let me know.
Basser
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The VA has implemented some changes to the ILP program. It is enhanced and adds some of the Adaptive housing benefits to veterans who are determined not to be able to work.
https://www.va.gov/careers-employment/vocational-rehabilitation/programs/independent-living/
https://www.blogtalkradio.com/jbasser/2020/08/06/the-vas-newly-revamped-independent-living-program
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Has anyone received a letter from the VA for a former reimbursement claim for emergency medical care? In Wolf v Wilkie the VA got its head handed to them and they have to pay the co pays for Private insurance including Medicare. This is a great read.
https://www.nvlsp.org/what-we-do/class-actions/wolfe-v.-wilkie/
Back Conditions Rated Separately?
in VA Disability Claims Research
Posted
This was the subject of a radio show a couple of weeks ago. IVDS is a rating they seem to be getting away from as Bed Rest is out dated. For Traumatic Arthritis the range of motion is measured and you are rated accordingly. If you have spine related issues then these are to be rated separately.
At this time the VA is tinkering with the spine ratings
Take C5 for example. You had an injury to C5. You have fusion. That is based on ROM. You have nerve issues in the arm. Those issues may be rated separately based on the results of Nerve Conduction tests.
There are a lot of secondary conditions associated with the spine, especially Traumatic Arthritis. These conditions are degenerative and get worse over time.