Buck52

This is great post but unfourtunely some times the VA can be pretty stubborn at times, when we think we have every thing there is to rule in favor of the veteran the VA seems to pull rabbits out of there hat and bark back with some unknown regulation that we missed either in the CFR'S or M-21-1s provisions this is so true with CUE Claims. Some times they come back and say no evidence was provided by the veteran to support and substantiate his/her claim therefor claim is denied ..its good to get your mail post marked with returned receipts and copies of all your evidence more than one copy ( as you mention) incase this happens and some time the VA will get the evidence but fail to read it or some other BS not to award eh! Usually if the veteran will high-light the major parts to his/her evidence the VA tends to read that but not always the case, we has veterans can not under estimate the VA & if were denied we can always Appeal but this just makes the claim that much longer and the only good thing about this is when the veteran wins his claim he will be compensated for his lost time...via EED. Its unfortunate for some veterans who get denied but never Appeal. jmo ..................Buck

Excellent Post USMC_VET, Thanks for taking your time to post this....Great information. ................Buck

I might add too if your husband is depressed because of his disability's he should mention this to his PCP it leaves a paper trail so to speak and depression can be filed as secondary to most if not all of his disability's. Like pete 992 mention you need to go get his TPRs from the VAMC and read his progress reports...some may even have a Diagnosis that you may not know about?..it would be in the progress reports as ''Consult Request'' in the top right corner where progress Notes would be. If you haven't yet request his C-File. JMO .................Buck

I agree with ya TALON, My pcp had me to try the MOVE program the VA Currently has going, to lose weight I am way over weight and trying to lose at present..I need to lose at least 70lbs to be at my normal weight, I have problems exercising with my bad Knees...but going to try the stationary bikes and walking outside..The treadmills hurt my feet. I start July first with the Move program..I'll give it a few weeks...if that don't work I'll just try to lose on my own basically if I could just eat correct I could lose and stop being a couch potato. I am in depression at this time and I know I need to get out more....this is why I agree with my PCP. ......................Buck

TALON II FE I Sorry bud I can't be much help I have the same problem about not sleeping I mention to my PCP and I get these sleeping drugs that only gives me bad headaches so I stopped taking them...I eventually go to sleep but wake up a few hours later wide awake...can't go bck to sleep. eh! so I been reading these post hopefully someone will come up with something that works and is safe. ..................Buck

Its okay RSG just help out ever how you can or what you can afford , helping veterans win there claim is a great help that's what this is all about, some veterans can't afford donations and that's fine there is enough of us vets that can and all the help Ms Tbird gets is very well appreciated. .................Buck

Excellent post pete992 .............Buck

Thanks Navy04 Yes I agree with you it is hard to get Increase for hearing loss, were trying to get everything lined up and then submit his claim for increase, they should increase his hearing to the proper % even if they use the extra scheduler 4.16 (b) to rate him TDIU because he can't work and his lack of education he can't do computer sedentary jobs he is getting SSDI because of his Bad Hearing for the last 2 years were throwing that in there too. Also CFR's 485 ( c ) and 486 (a)&(b) are important here. I have helped numerous veterans get SC and a rating % with different disability's and some got 100% P&T and some have got TDIU P%T. And some only got like a 10% or 30% 40%ect,,ect,, one got 70% one time which surprised both of us. I try to think of everything before we file the claim. Much Thanks to everyone here at hadit. .................Buck

Yes he is SC for tinnitus and no he is not working because of his Bad Hearing, I am trying to him get him TDIUbut I know how hard it is to convince the VA to rate this high for Hearing loss. I told the veteran to get notarized statements from family and friends and co workers & a letter from his ex-boss to attest to his bad hearing we need all the evidence in his favor so the VA has to to the right thing. The only thing I think will hurt him is he never was in Voc-Rehab he mention he can't hear good enough to be in a class room and just never requested voc-Rehab, but I think he should get awarded with GOOD medical evidence now that he is SC. He has Fitted VA Hearing Aides but says there not much help. This is his first increase he has been SC AT 50% for 5 years now. Thanks broncovet .......................Buck

Thanks broncovet & Boomer2 This test was performed by an ENT Speclist and quaflied Audodioligist using the VA Guidelines & use the VA CNC Maryland Word decimation test as requested. This is just ''in part'' of the test and only an impression from the Dr. This veteran is SC for hearing loss at 50% and he says his hearing has got worse so I ask him to go to this private specialis ENT (Otolaryngologology) and take a Hearing test, this was the results. I Believe this test to be accurate and the Dr did follow the VA guidelines set forth. I ask the veteran to go back to the Dr office and request the hearing chart and have the Dr to explain it. I ask him to take his last Hearing Test he got from the VA and ask this Dr to compare his last hearing test with this one and see if his Hearing is indeed worse. I don't know how to read the charts, but from what I have read in the CFR's his Hearing his definitely worse. ...............................Buck

This for a veteran I am helping him with his Claim a increase in his hearing. Thanks rootbeer .......................Buck

Well there sure spending a lot of money here at the Dallas VA construction going on all around the Hospital new building's 2 new 5 story parking buildings, new clinics, new offices as well as remodeling the inside the of the Hospital. This slows down the healthcare veterans get/WHEN THEY GET IT....when its all built said and done....nothing will change as for as veterans health care but the VA Employees will have nice offices and nice cafeteria to eat at ..................................Buck

Anybody??

What would this test show from a board certified otolaryngology MD & State certified License Audiologist. (IN PART) Audiogram was obtained showed his best hearing at 80 decibels on the right side at 1000 hertz, and 90 decibels on the left side at 1000 hertz. his hearing, his hearing at lower and higher frequencies was around 110 decibels on the right and he showed no hearing on the left side at a the higher and lower decibels. His Tympanograms are normal on both sides, His speech reception thresholds are at 95 decibels on the right side and 100 decibels on the left side. His Maryland CNC word discrimination score was at 0% at 95 decibels and at 44% on the right side with 105 decibels and 40% on the left at 105 decibels. Anyone have any Idea what this means or how to read this? and what is your impression of this test?? Hadit elder member Broncovet had a Vertical and Horzional reading chart here a few weeks ago...I can't find it now. I don't know how to read this chart? Anybody know how? Thanks In Advance ....................Buck

If your denied from this ''cantankerous'' C&P Doc, File NOD (Notice of Disagreement) Request a RO DRO Hearing. and do what Matthew Hill Advised. Get an IMO/IME you may want to get a Doc that is board certified specialist in the field of your disability's. Dr's don't like to rebute each other but the VA certainly will take into consideration if the Private Dr has a better explanation or Impression better than the C&P Examiner. VA will consider them more reliable. jmo ......................Buck

Also in the VA Fast letter, it says that the veteran must use a single sc rating disability that he /she thinks is disabling him from employment! http://www.scribd.com/doc/148923612/FL13-013-001 .........................Buck

I never understood the EED on weather or not they rate it from the date of the award or from the date it was S.C.? Some RO's don't follow the rules or the regs or read correctly...some go by the date veteran first filed for increase and some go by when the disability first arose. This is why we all need to do research and educate our self with the CFR's & VA Law. ...................Buck

The 10-year period will be computed from the effective date of the Department of Veterans Affairs finding of service connection to the effective date of the rating decision severing service connection, after compliance with §3.105(d). The protection afforded in this section extends to claims for dependency and indemnity compensation or death compensation. so which is it? the effective date from service connection? or the effective date of the rating decision? kinda confusing jmo ........Buck

I think its just the luck of the draw, some veterans get there DRO Hearing in months when others take years. This is why I mention keep checking in with RO at least every month or so. A lot of it depends on the VARO. jmo .....................Buck

This might help shed some light? Permanent or Long-Term Disabilities In cases where the disability was determined at the outset to be static, or permanent, or if the disability has not improved in five years and is not likely to improve, the VA is not likely to require a re-examination. Likewise, if the veteran is over the age of 55 or if a re-examination would not change the veteran's current rating, then a re-examination would not be scheduled. If a veteran has had the same disability rating for five or more years, his or her rating should not be lowered unless a wide and comprehensive examination of all medical records and history concludes that “sustained improvement has been demonstrated.” If a veteran has a 100% disabled rating – also known as “total disability” – this rating cannot be reduced unless there is a medical examination that shows “material improvement” in the veteran's physical or mental condition. The VA may also look at whether or not the veteran is able to work or maintain employment for twelve consecutive months or more, or his employability is otherwise proven on clear and convincing evidence. In such cases, a rating of “total disability” may be reduced. (However, if the veteran's work is for vocational rehabilitation, education or training, or if the job uses mental demands rather than physical, when the disability is physical, than a reduced rating may not occur.) If a veteran has been deemed to have permanent and total disability and has been receiving disability benefits for twenty years or more, his or her benefits cannot be reduced. If the veteran's disability is less than permanent and total, and the veteran has been receiving disability benefits for twenty years or more, and upon re-examination by the VA the veteran's disability rating is lowered, the amount of compensation will not drop below the original level. For example, if the veteran has been deemed to be 40% disabled for a period of twenty continuous years or more and is then re-evaluated to be only 30% disabled, the amount of his benefits will not drop below the 40% compensation rate. ...................Buck

Write an email to Allison Hickey! other veterans have did that and she got the Ball Rolling. Allison Hickey is the Under Secretary of the VA. its the Backlog of claims for the long wait...But you can keep checking on your claim its better than doing nothing/waiting ect,,ect,, .......................Buck

Well if the VA goes Broke were all screwed! .........................Buck

Source: 38 U.S.C. 114 (K) check out No. previsions (3) & (4) Authority: 38 U.S.C. 1114(p)) (3) Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized. (4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above. I would not think a veteran has to be rated P&T to qualify for SMC's just 100%plus rating to 60% rating of 100& plus 60% ...............Buck

As for as DRO Hearing I think there great especially if you get a decent veteran friendly DRO you can chat with him face to face and state your case present all your medical evidence hopefully he will review your Cfile before the hearing so take any more evidence with you to the hearing he don't know about. AS for as the Hearing you go in to this room with a long table and chairs with microphones at every seat (usually) the DRO will Introduce himself and ask what he can do for you today? and you guys can start talking the DRO will let you know how the Hearing is conducted and you have a choice to let it be a formal hearing or informal...informal the mics are turn off but the hearing will have a transcript of everything that was said on the Record...just relax state you case and answer the DRO questions be friendly and mild mannered. you be ok buddy DRO Hearings are good to have. Buck

You might file for SSDI If you have not done so already? I would file tomorrow if I was you...if you get denied and you win your TDIU that will help you get SSDI. SO FILE FOR SSDI ASAP. ....................Buck