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HorizontalMike
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Posts posted by HorizontalMike
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IMO, they are ALWAYS looking for an easy out. If they can justify that you had the MH issue as a child, then the BVA/VA would/will deny any disability... Case closed.
To me, as I understand it, much of what you want to rely on is... What is in your military entry physical exam, and what kinds of things are in that document. In other words, if the military failed to catch/record a medical condition upon your enlistment, then the VA cannot deny you on the basis of a pre-existing condition . Your testimony is NOT a reliable diagnosis (you are NOT a medical doctor) of your condition. You, the claimant/patient can only document your symptoms for the doctors to diagnose.
Hope this helps.
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Gastone said:
"... As your Appeal nears the top of the pile, you will receive a BVA Notice of "90 Day N & M Evidence Submission Cut Off..."
Is that notice given BEFORE the actual cutoff? Or just telling you too late?
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My BVA appeals are for MDD service connection and Sleep Apnea.
BTW, the case I posted the link to IS/WAS NOT mine and is current 8-30-2017. I found it while doing a search of the 2016-17 Decisions. I was ONLY pointing out the BVA clarification regarding the legal requirement to rate a separate diagnosis separately #8045 TBI).
My concern is that the BVA is using all of the "EXAMPLES" listed under #8045, as being all-inclusive related list even though the language clearly states for example "...One or more neurobehavioral effects..." and "...Examples of neurobehavioral effects are:... Irritability, impulsivity, unpredictability, lack of motivation, verbal aggression, physical aggression, belligerence, apathy, lack of empathy, moodiness, lack of cooperation, inflexibility, and impaired awareness of disability. Any of these effects may range from slight to severe, although verbal and physical aggression are likely to have a more serious impact on workplace interaction and social interaction than some of the other effects..."
In other words, for example say that I was rated under #8045 Residuals TBI for Neurobehavioral - Irritability level3. Does that ALSO mean that all of those OTHER examples above (under @8045) are now off-limits to another diagnosed disorder like/under MDD that should be evaluated separately?
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47 minutes ago, broncovet said:
Its okay if you disagree. What you may not understand is that attornies who represent Vets are rare. There are maybe just a few hundred qualifed attornies to represent 25 million Veterans. Vets law is not that lucrative, so money grabbing attornies go to another area of law. One reason its not that lucrative is because attorneys dont want to wait 5 years for their money any more than we do.
Plus, since my attorney has already gotten me the TDIU, I strongly suspect that THAT was the easy money for him and he probably is not interested in either my MDD or OSA appeals going forward. In other words, an easy hit and run...
For me, it is important because of
- SMC-s (and extra approx $350/month),
- PLUS it gets me closer to the 100% schedular. I am concerned about the latter because the R's keep trying to suggest dumping all the TDIU when turning 65, over to SS only. Yeah, yeah, I know that it has been quickly shot down multiple times when suggested for the budget cuts, BUT why is it continually brought up time after time?
BTW, found this 2017 BVA case decision regarding TBI and depression ratings:
https://www.va.gov/vetapp17/files6/1736081.txt
"...There are no additional neurological symptoms or manifestations, either asserted by the Veteran or reflected in the evidence of record, that would warrant higher or separate ratings under the applicable rating criteria during the period on appeal. See 38 C.F.R. § 4.124a (2008).
Nevertheless, the Board also finds that the separate 50 percent assigned the Veteran's major depressive disorder associated with service-connected traumatic encephalopathy, status post TBI, effective from October 23, 2008, is warranted for the entire prior appellate under review. In this regard, the RO determined that a separate rating for the psychiatric manifestations of the Veteran's service-connected traumatic encephalopathy, status post TBI, was not assignable prior to October 23, 2008, as the pre-2008 version of Diagnostic Code 8045, in effect throughout the relevant appellate period, prohibited the assignment of separate rating for mental disorders associated with traumatic brain injuries. See June 2011 Statement of the Case (determining that "[p]rior to the change in the rating criteria used to evaluate [the Veteran's] service-connected traumatic encephalopathy, manifestations of traumatic brain injuries, to include mental disorders, could not be separately rated"). However, this is simply not the case.
Rather, Diagnostic Code 8045 provides explicit instruction as to rating only "purely neurological disabilities" and "purely subjective complaints" associated with trauma to the brain. See 38 C.F.R. § 4.124a, Diagnostic Code 8045 (2008). A diagnosed mental disorder, such as major depressive disorder or anxiety disorder, is neither a neurological disability nor a subjective complaint under the rating schedule; it is a separate disability. In this regard, the Board reiterates that separate ratings for distinct disabilities resulting from the same injury or disease can be assigned so long as the symptomatology for one condition is not "duplicative or overlapping with the symptomatology" of the other condition. See 38 C.F.R. § 4.14 (2016); Esteban, 6 Vet. App. at 261-62..."
QUESTION:
Doesn't the medical description, under the Rating Letter "What we decided" LIMIT that rating to exactly what is stated there? In other words, is the DVA/BVA now restricted from using the additional/entire laundry list of symptoms listed under 8045 Residuals of traumatic brain injury (TBI) to JUST what is stated under "What we Decided"?
My Rating Letter states:
What We Decided
We determined that the following service connected condition has worsened, so we granted
an increase in your assigned percentage:
Old Percent New Percent Effective Date
Assigned AssignedResiduals of traumatic 40% TO 70% Jul 8, 2015Medical Description -- brain injury to include mild memory loss, abnormal social behavior, insomina and light sensitivity
Basic eligibility to Dependents' Educational Assistance is established from July 8, 2015.
We assigned a permanent 100% disability evaluation for your service connected disabilities
effective July 8, 2015.
We granted entitlement to the 100% rate effective July 8, 2015, because you are unable to
work due to your service connected disabilities.No examination will be scheduled in the future for your permanent and total disabilities.
Your overall or combined rating is 70%. We do not add the individual percentages of each
condition to determine your combined rating. We use a combined rating table that considers
the effect from the most serious to the least serious conditions.
THIS IS CONSIDERED A PARTIAL GRANT OF BENEFITS SOUGHT ON APPEAL -
Thanks Vync. Been out all day and just got back online, ready to call above, but as Lawyer Luck would have it I got an email with docket numbers attached. This will be important because my FORM 9 indicated NO board meeting required, so I need to gather all currents facts of my appeal and send my last submission directly to the Board.
My lawyer had promised to get me a "forensic IMO" on my sleep apnea to counter the VA's botched VARO decision that was completed be an incompetent PA. And yes, that decision reads very poorly and inaccurate.
Thanks for the above info. I hadn't thought about how to contact the Board. until I got the notice that a docket number had/has been assigned.
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Checking on eBenefits I have found out that my BVA appeal has been assigned a "Docket Number", however that docket number has NOT been given to me. My lawyer, lately has been of no LUCK to me in answering my emails or phone calls. Appears too busy to pay attention to these kind of details {sarcasm}. That said...
QUESTION: How do I find out what my Docket Number is?
Posted on eBenefits (below):
Awaiting Place on the Docket
Generally, the Board is required to decide appeals in docket order. Your appeal was assigned a docket number based on the date VA received your VA Form 9 (Substantive Appeal). Your appeal is currently waiting its turn for assignment to a Veterans Law Judge based on your docket number.
11/29/2017
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I also like it. Especially since I am at +5yr, with my Appeal having already been certified to the board awaiting...
IMO, "effective dates" appear to be one of the largest sources of errors that the BVA and above end up having to deal with. Procrastination appears to be the mode of operation...
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My most current award letter is below at bottom (redacted).
- My TDIU is 100% P&T with NO scheduled exams in the future.
- TBI increased to 70%
- My MDD continues on appeal (see below in bold)
- My SA-OSA, while not noted in this letter, has been corrected and continues on appeal.
While searching SMCs on this site, I came across this: https://ptsdlawyers.com/blog/bradley-v-peake-housebound-rate-160-percent/ BINGO! This sounds like the best way to proceed, since my 100% TDIU was awarded separately using only the 70% TBI.
- My current 10% Tinnitus
- MDD appeal (probably going to be 50% since much of the TBI Residuals are under #3 Neurological)
- OSA - 50% appeal. I am on CPAP and have SRs that show most of the symptoms of OSA. FWIW, the term for the diagnosis wasn't even coined until at least 10yr later.
So, following the Bradley v. Peake ruling below, my 100% TDIU, being granted separately from the above, allows my other SC-disabilities to qualify me for SMC-S:
"...In the Bradley opinion, CAVC proposed it is possible for a veteran to be granted TDIU for a single disability and later granted service connection for another disability or other disabilities that amount to a 60 percent rating. CAVC indicated this interpretation complies with VA General Counsel’s 1994 opinion and 1999 opinion. CAVC held section 1114(s) does not limit a service-connected disability rated as total to only a schedular rating of 100 percent, and VA’s current regulation 38 C.F.R. 3.350(i) permits a TDIU rating based on a single disability to satisfy the section 1114(s) requirement of a “total” rating. Bradley v. Peake, 22 Vet. App. 280, 293 (2008).
The application of this holding is veteran’s who have been granted TDIU for a single disability, like ischemic heart disease or PTSD, and later qualify for additional service-connected disability or disabilities equal to 60 percent or more, qualify for section 1114(s) special monthly compensation..."
QUESTION: Does this all make sense?
Rating Decision
11/13/2015
INTRODUCTION
The records reflect that you are a veteran of the Vietnam Era and Peacetime. You served in the
Navy from XXXXX XX, 1972 to XXXXX XX, 1975. You filed a claim for increased evaluation that
was received on July 8, 2015. Based on a review of the evidence listed below, we have made the
following decisions on your claim.
DECISION
1. Entitlement to individual unemployability is granted effective July 8, 2015.
2. Basic eligibility to Dependents' Educational Assistance is established from July 8, 2015.
3. Evaluation of residuals of traumatic brain injury to include mild memory loss, abnormal
social behavior, insomnia and light sensitivity, which is currently 40 percent disabling, is
increased to 70 percent effective July 8, 2015.EVIDENCE
• VA Form 2 l-8940, Veteran's Application For Increased Compensation Based On
Unemployability, received July 8, 2015
• VA Examination, VA Outpatient Clinic, dated September 8, 2015
• VAMC (Veterans Affairs Medical Center) treatment records, VA Healthcare
System, from June 25, 2003 through November 5, 2015REASONS FOR DECISION
1. Entitlement to individual unemployability.
Entitlement to individual unemployability is granted because the claimant is unable to secure or
follow a substantially gainful occupation as a result of service-connected disabilities, effective
July 8, 2015, the date you met the schedular requirements for this benefit.
The evidence shows the examiner noted that your residual conditions attributable to a traumatic
brain injury impact your ability to work and that you last worked in 2006.2. Eligibility to Dependents' Educational Assistance under 38 U.S.C. chapter 35.
Eligibility to Dependents' Educational Assistance is derived from a veteran who was discharged
under other than dishonorable conditions; and, has a permanent and total service-connected
disability; or a permanent and total disability was in existence at the time of death; or the veteran
died as a result of a service-connected disability. Also, eligibility exists for a service person who
died in service. Finally, eligibility can be derived from a service member who, as a member of
the armed forces on active duty, has been listed for more than 90 days as: missing in action;
captured in line of duty by a hostile force; or forcibly detained or interned in line of duty by a
foreign government or power.Basic eligibility to Dependents' Education Assistance is granted as the evidence shows the
veteran currently has a total service-connected disability, permanent in nature.3. Evaluation of residuals of traumatic brain injury to include mild memory loss.
abnormal social behavior. insomnia and li&ht sensitivity currently evaluated as 40 percent
disabling.The evaluation of residuals of traumatic brain injury to include mild memory loss, abnormal
social behavior, insomnia and light sensitivity is increased to 70 percent disabling effective July
8, 2015.The effective date of this grant is July 8, 2015. Entitlement to an increased evaluation has been
established from the date the claim was received. When an increased evaluation is granted based
on VA medical evidence showing an increase in disability after the date the claim was received,
the effective date of the increase is the date the claim was received.
The examiner noted that your residual conditions attributable to a traumatic brain injury impact
your ability to work. The examiner stated that you also have a diagnosis of depression which
may also cause changes in cognitive function, but because of the considerable overlap of
symptoms between TBI and depression, it is not possible to determine if the cognitive symptoms
are specifically related to either TBI or depression without use of mere speculation. The issue of
depression is currently on appeal and will be addressed at a later date by the Appeal team.An overall 70 percent evaluation is assigned for your residuals of traumatic brain injury to
include mild memory loss, abnormal social behavior, insomnia and light sensitivity based on the
highest level of severity of "3".
This is a partial grant of benefits sought on Appeal -
1 hour ago, Buck52 said:
HorizontalMike
Just my 2 cents
what they might do if you get another 2 -50% ratings beings they are separate ratings they will combined the 2 and keep you at the 100% final degree rating, you need to watch this very close if those 2 -50% ratings become a 70% rating then with what you already have (IU)they should inferred the SMC S DEPENDING ON THE SEVERITY OF THE DISABILITY'S COMBINED.
Remember you can't have the same rated S.C. disability twice.
You can't have 2 =100% ratings at the same time......Its just a higher degree of ratings ,after the 100% then its all combined in to the SMC Special rating table.
although most of us veterans do see it has were rated more higher than 100% and just add what our total ratings would be.
my ratings add up to 190% just counting the # rated S.C. disability's but the VA says I have a final degree rating of 100% with 2 SMC
After 100% this is when the SMC Kicks in so-to-speak
but the way the rating system is set up they make it hard for veterans to reach the SMC IF they don't have the separate 60% or higher % separate S.C. Disability....but they do combined the other separate S.C. Rated disability's its just hard reaching the SMC.
I know this is hard to understand but we won't never understand the VA.
(If that makes any sense to you)
They call it like'' YOU HAVE A FINAL DEGREE RATING OF 100% with SMC
Thanks Buck,
Here is my issue, according to me. My TBI was originally rated at 40% TBI + 10% Tinnitus =50%. The TBI 40% was rated a 2 under Abnormal Social behavior.
Got a partial grant that too 70% under Neurological 3. Then TDIU kicked in, but as always the VA screwed up the effective date, so appeal continues.
The BIG issue is that the VA has declared that my MDD is to be considered SECONDARY under the Tramatic Brain Injury, and should be rated separately. HOWEVER, what the VA has done thus far, is to ONLY rate the TBI under "Residuals of TBI" and have failed to rate the MDD under its own diagnosis code.
My lawyer has indicated that the most recent C&P will probably get me 50% under MDD (besides the 50% OSA w/CPAP). The current TBI is 3 under Neurological (read MDD) residuals and Social is only at 2, which I argue is actually a 3, or at least it has progressed to a 3 over time. So I SHOULD be able to get a 70TBI+70MDD+50-OSA+10Tinittus that would put me at +97% rounded to 100%. If this appeal only gets me 50% MDD the total would be 94% and round down to 90%.
FWIW, my additive total would be 200% if I get the 70% for MDD, OR my total at getting only a 50% MDD would be an additive of 180%.
The VA math would give me only 90% if my MDD is 50% OR 100% if MDD is 70%. HENCE my issue with my lawyer only wanting to do the TDIU and not the entire package/appeal. If I am correct the higher MDD rating could/should give me 100% +SMC, right?
FYI ---- Copied Residuals and Secondary SC regulations below:
4.124a 8045 Residuals of Traumatic Brain Injury(TBI).
...[snip] Subjective symptoms may be the only residual of TBI or may be associated with cognitive impairment or other areas of dysfunction. Evaluate subjective symptoms that are residuals of TBI, whether or not they are part of cognitive impairment, under the subjective symptoms facet in the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.” However, separately evaluate any residual with a distinct diagnosis that may be evaluated under another diagnostic code, such as migraine headache or Meniere’s disease, even if that diagnosis is based on subjective symptoms, rather than under the “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” table.
Evaluate emotional/behavioral dysfunction under §4.130 (Schedule of ratings–mental disorders) when there is a diagnosis of a mental disorder. When there is no diagnosis of a mental disorder, evaluate emotional/behavioral symptoms under the criteria in the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.”AND HERE
3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease
or injury.
(a) General. Except as provided in §3.300(c), disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.
(b) Aggravation of nonservice-connected disabilities. Any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease, will be service connected. However, VA will not concede that a nonservice-connected disease or injury was aggravated by a service-connected disease or injury unless the baseline level of severity of the nonservice-connected disease or injury is established by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity of the nonservice-connected disease or injury. The rating activity will determine the baseline and current levels of severity under the Schedule for Rating Disabilities (38 CFR part 4) and determine the extent of aggravation by deducting the baseline level of severity, as well as any increase in severity due to the natural progress of the disease, from the current level. (Authority: 38 U.S.C. 1110 and 1131)
(c) Cardiovascular disease. Ischemic heart disease or other cardiovascular disease developing in a veteran who has a service-connected amputation of one lower extremity at or above the knee or service-connected amputations of both lower extremities at or above the ankles, shall be held to be the proximate result of the service-connected amputation or amputations.
(d) Traumatic brain injury.
(1) In a veteran who has a service-connected traumatic brain injury, the following shall be held to be the proximate result of the service-connected traumatic brain injury (TBI), in the absence of clear evidence to the contrary:
(i) Parkinsonism, including Parkinson’s disease, following moderate or severe TBI;
(ii) Unprovoked seizures following moderate or severe TBI;
(iii) Dementias of the following types: presenile dementia of the Alzheimer type, frontotemporal dementia, and dementia with Lewy bodies, if manifest within 15 years following moderate or severe TBI;
(iv) Depression if manifest within 3 years of moderate or severe TBI, or within 12 months of mild TBI; or(v) Diseases of hormone deficiency that result from hypothalamo-pituitary changes if manifest within 12 months of moderate or severe TBI.
(2) Neither the severity levels nor the time limits in paragraph (d)(1) of this section preclude a finding of service connection for conditions shown by evidence to be proximately due to service-connected TBI. If a claim does not meet the requirements of paragraph (d)(1) with respect to the time of manifestation or the severity of the TBI, or both, VA will develop and decide the claim under generally applicable principles of service connection without regard to paragraph (d)(1).
(3) (i) For purposes of this section VA will use the following table for determining the severity of a TBI:Mild Moderate Severe
Normal imaging Normal or abnormal Normal or abnormal
LOC = 0–30 min LOC > 30 min < 24 hours LOC > 24 hrs
AOC = a moment <24 hrs AOC > 24 hours. Severity based on other criteria
PTA = 0–1 day PTA > 1 and < 7 days PTA > 7 days
GCS = 13–15 GCS = 9–12 GCS = 3–8
Note: The factors considered are: Structural imaging of the brain. LOC—Loss of consciousness. AOC—Alteration of consciousness/mental state. PTA—Post-traumatic amnesia. GCS—Glasgow Coma Scale. (For purposes of injury stratification, the Glasgow Coma Scale is measured at or after 24 hours.)
(ii) The determination of the severity level under this paragraph is based on the TBI symptoms at the time of injury or shortly thereafter, rather than the current level of functioning. VA will not require that the TBI meet all the criteria listed under a certain severity level in order to classify the TBI at that severity level. If a TBI meets the criteria in more than one category of severity, then VA will rank the TBI at the highest level in which a criterion is met, except where the qualifying criterion is the same at both levels. (Authority: 38 U.S.C. 501, 1110 and 1131)
[44 FR 50340, Aug. 28, 1979, as amended at 66 FR 18198, Apr. 6, 2001; 71 FR 52747, Sept. 7, 2006; 78 FR 76208, Dec. 17, 2013]
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Broncovet,
Yes, I can rationalize your "...don't worry, be hoppy monn..." attitude, but the very nature of my TBI and MDD is adversarial and as such there is little I can do about that aspect. It has caused many job turnovers throughout my "career" and has resulted in being unemployed at least +12 out of the past 14yr (past 11-1/2yr continually.
Anyway, back to the original question... I would like to actually KNOW if adding schedular disabilities would actually CAUSE the 100% TDIU P&T to be rescinded if and when those schedular disabilities reach or surpass 100%?
We all know that any particular schedular disability can be altered/reduced at a future time, but would that eliminate that original 100% TDIU P&T rating or just default back to that status?
P.S. Trying to follow up on our shared experiences with a particular law firm, in order to determine counsel's motivation to either stick or bail at a particular stage...
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8 hours ago, broncovet said:
They wont award TDIU And 100 percent. Its considered to be moot. Yes, I appealed the mootness of tdiu and I won a remand.
Still, VA old school still thinks its moot.
I have 100 percent AND TDIU, but not at the same time. They made sure of that, tho I still think its possible. It reminds me of getting around the schedular requirements for TDIU. Yes, there is 4.16 b, but you have to fight the VARO to even get an adjutication for 4.16b.
To me, its just like the "benefit of the doubt". Its there, on paper, but in reality, its pretty much the VA who gets the benefit of the doubt. Ditto for getting 100 percent when you are already tdiu. While it may happen, IMHO its not even close to worth the hassel unless you would also get SMC s and not get it otherwise.
So just how would one EVER get to SMC status if you (in this case I) got 100% TDIU P&T at just 70% Schedular?
What I fear is the ever increasing frequency of the GOP trying to eliminate TDIU and default our disability into an entirely different program that was NEVER meant to be such, Social Security. Sure, it has been shot down the past couple of times, BUT THEY KEEP TRYING TO TARGET TDIU!
That proposed legislature doesn't make sense because TDIU affects how/if one can work AND CONTRIBUTE to S.S. In other words you don't/can't earn S.S. so any S.S. benefits will be minimal at best, if at all! The disability itself prohibits earning S.S.
I somewhat understand your "VA argument", but as we all know, the VA is very picky and will look for ANY opportunity no matter how small, to deny. And THAT is why I am STILL sending in the VA 41-2140-1 unemployed form every year EVEN THOUGH THE VA HAS NEVER REQUESTED IT NOR COMMUNICATED THAT REQUEST/REQUIREMENT.
GEEZ, I have a letter from the Director of the Houston VARO denying my appeal, AFTER it has already been certified to The Board in Washington D.C....! Crazy stuff! So I continue with my VA paranoia.
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QUESTION:
Will/can a 100% TDIU P&T award get removed if my service connected disabilities reach or top 100% ?
I ask this because I am +5yr into my appeal process and have received a "partial award" from the VA, as the rest of my appeal moves forward. I was given an increase to 70% TBI to qualify me for 100% TDIU which started last year. Already have 10% Tinnitus.
Still on appeal is:
- MDD -- Arguing for 70% but probably will get 50%
- Sleep Apnea -- OSA with CPAP required to be rated at 50%
My lawyer is inferring that I would be in jeopardy if I try and get +100% Scheduled award disability. I have also heard from a fellow poster (I referred to same lawyers) who informed me that after getting his early/easy disability award, this firm dropped him on his appeal moving forward. In other words, they took the easy money/award and ran on the tougher stuff.
What my lawyer currently predicts my disabilities totaling at 94% (70-BTI, 50-MDD, 50-OSA,and 10-Tinnitus) which rounds DOWN to 90% award. He does not want to appeal further, apparently.
My lawyer's inference that my 100% TDIU would be in jeopardy if I continue to pursue my scheduled appeal status, just does not sound right to me, but how can I know for sure?
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I have:
- 70% TBI
- 50% MDD
- 50% OSA w/CPAP
- 10% Tinnitus
Another 10% award moves this from 94% to 95% and then rounds UP to 100%. Was hoping that my MDD would come in at 70%, however lawyer says I'll get 50% (anti-pyramiding)... That is why I am looking.
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Mine is now TOO busy to return emails, much less calls... A couple of years ago these two lawyers were answering their own calls... NOW they have a receptionist and are never available. I guess it is just the outer/extreme point of the pendulum swing. Sometimes success comes in excess, if you know what I mean...
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I have received a 0% compensation for Hearing Loss, among several other disability awards. As It stands, I am at 94% and need another 10% award to become 100% scheduler disabled. Have already received 100% TDIU P&T.
QUESTION: How wise is it to give up 100% TDIU P&T for a 100% Scheduler? My lawyer argues that that TDIU P&T is more important than getting that 100% Scheduler (because that 100% scheduler can be challenged at any point for a reduction by the VA). What is the general school of thought on this?
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It all depends upon WHEN you filed the claim for TDIU. Was TDIU part of an appeal, OR was it a new timely claim/ The VA will always try to short you on this. I am five years into my appeal, was awarded 100% TDIU BUT only back about six months or so. Still waiting/appealing the missing ~$60,000 retro. Be patient and diligent... ALWAYS.
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1 hour ago, broncovet said:
I had a recent BVA decision and sent the decision to 5 attorney's PLUS one that was currently representing me. They all declined to represent me. Bummer.
However, the 7th attorney agreed to represent me, AND, today I got a letter from another well known big name fim who also agreed to represent me.
Moral:
Dont give up on your claim.
Do the Letters G/L mean anything to you? If so PM me.
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On 9/22/2011 at 5:27 PM, Pete53 said:
Maybe part of my delivery problem has been solved. My shrink is going to send a 60 day supply starting with next month. Although my Shrink is merely a medication Doc I like him and he has been supportive of me for almost 4 years.
Now next week I will see what PCP Doc has to say about hydrocodone?
I also want to thank all who participated and shared either good or bad experiences. This is how we learn.
Oh Geez!..
While I know this post is at least 6-years old, I am living TODAY (Sept 7, 2017), as I wait for ANOTHER mail-order prescription from the VA! Yeah, mine is also psychotropic medications and genetic replacement therapy, BUT none of that 'chit should matter! When we miss a day, 2, 3, 5, a week, of medications it becomes all too possible that any of use could stroke out, have seizure, commit suicide, etc. ALL BECAUSE OF THE VA DELAYING OUR MEDICATION DELIVERIES.
When I ran out of my LAST psychotropic, I took the LAST pill, before my "next" 30-day supply arrived. Do these folks even realize that they are REQUIRING that we stay AT HOME every single G-Dmmmmnnn month because the VA, in it's infinite wisdom deemed it unsafe for a veteran to have more than 30 days supply at a time. NEVER MIND that the parents of the kids I taught and the teachers that I supervised, could have had 30days, 90days, or 180days of this SAME medication AT WILL?
Every GD! month, often multiple times a month because of multiple medication restrictions, I am RESTRICTED to home just WAITING for the mail. I am sorry, but WTF!? Are they ACTUALLY trying to test my mental disability? Are they REALLY trying to set me off? If it weren't for the... at least $70,000 in back-disability pay that the VA owes me, I would be attempted to oblige those SOBs...
Never give the bastards shit!
Rant over...
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Thanks for the information. I checked Google Earth and it shows the VARO at 50ft and their parking lots at 40ft elevation. The channelized Braeswood Bayou looks to about at 12ft. Don't know what that translates to but can only hope they got missed.
Staff not being able to get to work is understandable. Just don't want to see that any physical records get destroyed, remembering the 1973 fire that destroyed so many.
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FWIW, I am five years into my claim and appeal. FORM 9 filed over a year ago, and now I am worried about further delays... 8-(
QUESTION: What is the status of the Houston VARO after the Hurricane Harvey floods and ongoing power outages in that area?
Does anyone have an update?
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Just turned 65 and my SSI is only$250./month, yes two hundred fifty dollars. I got my TDIU less than two years ago, after having not worked at all for over a decade. I am at the 5yr point on my VA Appeal and still waiting... Take away my TDIU and I'll end up homeless. I had spent down my life savings due to my unemployability and years and years of losing job after job after job over the past +40yr.
I know that trying to get rid of TDIU has come up several times in the past and always been rejected. However, I also thought that some azzhole like Trump could never become President. Geez...and look at what has happened with THAT?!
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Well, after looking and reading about all the Medicare options, I ended up choosing to go with the standard Medicare A&B for $134/month. As I said earlier, I already have an employer-based health plan (with Express Scripts) that compliments my 100% TDIU care at the VA. That 80/20 plan will convert to a 20/80 plan when I turn 65 in May. The Medicare A&B will pick up as primary payer to my employer-based health plan (Aetna), thus giving me an alternative to the VA if I need it in an emergency (out-of-town & away from VA).
As far as the topic of VA healthcare, I have two opinions:
- PCP care through VA sucks. These generalist practitioners will make/take any excuse to delay/deny serving the patient. For example, I have been a diabetic 8-10yr. About 1-1/2yr ago I managed to lose 40lb and keep it off. I immediately had to go through four (4) PCPs trying to get my Metformin medications adjusted/lowered. The last PCP looked at me and told me to my face "You are not diabetic." He refused to acknowledge that I was/am a "well controlled" diabetic through proper diet. He unilaterally completely stopped/discontinued my Metformin prescription. Long story made short, after a series of emails to the VA Secretary and the head of the VA hospital I use, I will now be seeing my FIFTH (5th) PCP for the first time this May. We shall see where this goes from here. NONE of my PCPs have been trained in treating TBI patients and they tend to take everything personal regarding my "don't play well with others" episodes.
- My healthcare through my Polytrauma Doctor and my Psychiatrist, has been and is great. I get personal and timely replies when I secure message them via MyHealtheVet. Between the two of them, I get all my hormone replacement therapy and depression medications taken care of. I even got my diabetes testing supplies renewed through them. This has changed my life and allows me to see that the sun actually does rise in the morning. IMO, specialized TBI care works, and works well, WHEN your doctors actually have had the proper training. I do have to say though, that all of this was a result of the anal retentive nature of my TBI. I am intelligent (earned BS, MA, PhD) and persistent. After several repeated letters/emails to my Congressmen (and other Congressmen as well), the Secretary of the VA, and other local and National VA personnel, I finally began receiving the healthcare I need. FYI, still +4yr and counting, to get my retro-disability check.
And in support of this website and its recommendations, keep fighting, and... "Don't let the bastards win."
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1 hour ago, broncovet said:
Mike, I suggest you get the medicare Part B and pay for it..its about 130 per month, taken out of your Social security. I know this because, when I got disabled, I also got medicare and opted out of part B, with the thinking, "gee, if I need medical care, I simply go to VA, so I dont need part B.
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I dont want a gate keeper, whose job it is to keep me out of the specialists office. If I think I need an orthopedic specialist, then I want to get one, not ask someone else if its okay.
That sounds about right for me too. Don't like gate keepers at all... medicare Part B sounds doable. Is that "$130/month" your total medicare costs? My SS is only $385/month (Teachers Retirement System took half my SS for "double dipping").
FWIW, I do like my PolyTrauma Doctor and my Psychiatrist, but have gone through 5 or 6 PCPs in the past 2yr. PCPs don't know how to deal with TBIs and they just take everything personally just to get you out the door...
Back on subject, I don't like HMOs, particularly Humana and Blue Cross. Both have screwed me over denying past accidents/coverage.
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I understand what you are saying, but still worried about that out-of-network emergency being denied. Much of my fear is generated by this article that explains how the VA misuses the law to deny and deny, until they are forced to change on appeal:
Notice that Staab, the subject of the article, was denied by the VA FOR 7 YEARS! Staab, now 83yr old (4yr older than USA life expectancy for men), is lucky to finally see the $$$.
I understand that the law has AGAIN been clarified to keep the VA from denying, but who knows what tactic the VA will use next. THAT SAID, I want to know what I need to do about additional supplemental coverage to avoid this kind of fiasco in the first place.
FWIW, I have always carried an emergency info card with my better half's number and contact info. Also have my VA Serviced connected card on top, in my wallet.
OH, and by the way, I am at ~4-1/2yr and counting, waiting for my retro-disability check for roughly $70k... Tick, tock, tick, tock... "another day older and closer to dead..."
Won everything
in Success Stories
Posted
Yee hah! Congrats!
The only way I got to 100% was through TDIU P&T. I am still fighting/appealing my other issues to get to 100% schedular. Thanks for letting us know!