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smoothc100
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Posts posted by smoothc100
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Just my two cents. I think its fine for an individual to receive retirement pay (earned) and VA disability (earned). If it was so easy to obtain disability through the VA sites like this one wouldn't exist and our horror stories about fight the VA would be nonexistent. I come from a military family. My father did 2 tour in Vietnam and retired from the Army. I had to drag him to the VA to file for Agent Orange, because he has cancer, but his rational was along the same lines. I'm retired as long I as I can do A, B, and C I'm fine. My mother was forced to medically retire from the Air Force after 21 years and she fought tooth and nail to obtain a regular retirement, but to no avail. Myself I was Med Boarded after 10 years in, but was hurt for 5 and of course it got worse as I was meeting the standards until my body couldn't take it anymore. I admit some individuals do game the system, but if you come in the military at 18 and do 20 years something is going to be wrong with you when you retire. I mean our bodies go through more wear and tear than the average individual. All I know is every single claim I have ever filed with the VA has always been denied with a 2 volume military medical record and VA doctors even stating the injury has been caused by military service and I'm talking about the injury I was med boarded for. It's not my place to judge or say who's hurt or who's not, but I do believe in karma and lying about an injury, just might come back to bit the person in the ass. I think its wrong to take a individuals retirement and offset it, because they are receiving VA compensation. Its as if they are being penalized for being injured and having retired. I work for the Fed. and the SS issue you brought up I have heard of individuals doing this, which is wrong on so many levels.
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I don't think they do to be honest.
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BluntyK,
I never really trust EBennies as one of my claims moved 3 times in one day and then no movement at all for a month. If they are going to give you 90% then its a good thing, which I'm assuming this is a bump in your %. You can always call the number on the letter and they should be able to tell you what the C&P is for. I can understand your worry as well.
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I agree syne7. Its better to have a 0% service connection than no connection at all. Andyman73 this is true with the feet injuries especially if it changes the way you walk or even stand by shifting your weight to alleviate or reduce the pain.
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brokensoldier244th,
Thank you for the response. I always thought the secondary conditions were combined with the primary, but this clarification helps a lot especially since a lot of conditions will be seen separate upon award the VA math will be in full effect.
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How does the VA calculate secondary conditions? Say for example I am rated at 50% for major depressive disorder (MDD) and my OSA is found to be service connected due to the MDD. I use a CPAP machine for my OSA and that alone is usually rated at 50%. With the example what would my rating be? Is the combined rating table used to assess the new rating for the MDD? I stress it’s an example as I’m waiting for the results of my C&P for MDD, but was originally denied OSA as a standalone disability, so I’m going to obtain a nexus letter linking the 2 once I’m approved which should not be an issue as I was diagnosed and in treatment for 2 years prior to retirement.
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For me both my conditions are separate. My plantar fasciitis is rated at 50% with the bilateral factor included. I too have inserts, plus the boots that immobilize your feet. Look at the rating schedule for this, because like Syne7 stated if you receive any relief from inserts you will either be rated at 0-10% and there are other various reliefs the examiner will ask you about. Mine is so bad they recommended surgery. If you have anything in your military medical records pertaining to your back and you are currently seeking treatment for the back condition you should be fine. The things the VA looks for in claims is it happened in service, you have prior treatment for the condition, and are currently being treated for the condition. If you have received x-rays on your back and they show nothing I would recommend an MRI to see if there is anything going on. Between the VA and military it took 5 years before I could get an MRI for my back because the x-rays kept showing nothing was wrong, but once I had the MRI it showed a disc herniation, so finally after 5 years I started receiving the proper treatment and surgery, which could have been avoided long ago.
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Andyman73,
Sorry to hear you were denied, but you still can win. I think the examiner didn't review your evidence especially if there is some missing from the Decision Letter (listed documents used), which I would mention in the NOD. Were you treated for depression in the service? You might need to obtain a nexus letter as well to show the link, because physical disabilities can cause depression. Did you have a DBQ done? If not it might be good to obtain one from an outside provider as the VA doc rarely do them. If you suffered from depression in the service and its documented in your military medical records then it might be better just to file for the depression as a primary condition instead of a secondary.
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Have you officially been denied? If so I would request another C&P exam and also file a NOD. Before I say "usually" the C&P examiner should have reviewed your file prior to the examination, which if that was the case does not mean he ignored the evidence, but disagrees with it. In the final decision there is a section which shows all the evidence used in deciding your claim if there is evidence you submitted and it was not included in making the decision you definitely should address this in your NOD. If your trying to link depression to a physical condition it is best to get a nexus letter linking the two.
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I used Dr. Bash as well and was very pleased with his work. Once the IME was added to my claim from Dr. Bash a month later the VA scheduled a C&P for me and to your point the trickery that goes on in the VA my initial C&P was canceled and the date changed without my knowledge. Luckily I happened to go on myhealthyvet and saw the new appointment otherwise I would have missed it.
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Its really up to you. You can file and the time starts and add the documents or you can wait and file a fully developed claim, which in some cases is quicker depending on your RO. Have you had a sleep study done through the VA? If not I would try and get one there as well so their docs and give probably the same medical opinion as your primary, which helps your cases and you could get a CPAP through the VA free of charge if you need one.
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Today I have my C&P for depression or as the VA likes to put it depression claimed as PTSD, since they acknowledge the depression. I am going to a VA contractor for my exam. This is the first time I will be going to a contractor facility for a C&P as the original exam had to be rescheduled; due to the examiner having a family emergency. Should I take my Neuropsychological Exam 2013, Vet Center Letters, and IMO 2015 with me even though they are for my PTSD claim (in appeal since 2013)? All the documentation even though it was for PTSD includes information about my depression. I was thinking of highlighting the information about my depression for the evaluator.
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Today I have my C&P for depression or as the VA likes to put it depression claimed as PTSD, since they acknowledge the depression. I am going to a VA contractor for my exam. This is the first time I will be going to a contractor facility for a C&P as the original exam had to be rescheduled; due to the examiner having a family emergency. Should I take my Neuropsychological Exam 2013, Vet Center Letters, and IMO 2015 with me even though they are for my PTSD claim (in appeal since 2013)? All the documentation even though it was for PTSD includes information about my depression. I was thinking of highlighting the information about my depression for the evaluator.
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I would say your around 50% or so. During the C&P I was asked about various methods I used to ease the pain etc., which none of them worked like rolling your feet over a can or ball. I also have molded inserts for my shoes from the VA and the space boots is what I like to call them (keep foot immobilized). I took everything the VA gave me into my C&P and explained to the examiner how they don't work for me and how my pain is everyday dam near every step. I haven't had surgery or injections. I'm at 50% with the bilateral factor. Once you have surgery it will put you at a temp 100% for the time your on convalescent leave, which is the key, so I really don't see it slowing your claim down it just depends on the RO your dealing with.
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Sorry, for what happened to you. I went through the almost the same thing with the Air Force Reserve. My process was backwards as they tried to discharge under fitness for duty as the informal board found me unfit. Luckily for me I worked at Wing level personnel services (MPF), so that’s how I was able to request a formal fitness for duty board, which of course same results discharge recommendation. Basically to make a long story short and 3 years of fighting without points or pay I appealed to the Secretary of the Air Force Council and everything was overturned and I obtained my medical board. Here is what I found on the code JFR3 on the web is "Disability, Other" and also some VBA cases which cite it as well. I’m not sure if it can be overturned, but it seems like you were in the process of the MEB. Did the military docs give you a rating on any of your documentation? I would have said the Military Board of Corrections, but I don’t think they handle medical discharges.
http://nlgmltf.org/military-law-library/publications/military-medical-policies/
http://www.archives.gov/veterans/military-service-records/correct-service-records.html
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Shuman,
Not sure if you have had your C&P Exam for your feet yet, but if not make sure you're wearing your inserts and if they gave you the space boots (what I call them) to sleep in bring them to the exam as well to show that yes I have these and use them and the effects or lack thereof. I would recommend rolling your foot on a tennis ball or canned foot to see if it helps and if not you can state that during your exam as its an exam question I was asked on all 3 of my exams.
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ShuMan,
I want to say their prices vary from case to case as with most doctors conducting IMOs, but its definitely not cheap and remember your paying for expertise and credentials. For example initially the VA denied my claim for bilateral plantar fasciitis and eventually through a C&P Exam I was rated at 0%, which gets them off the hook for the back pay. Contacted Dr. Bash met with him paid the fee and a month or so later I had had my IMO and applied for an increase an received 50% rating for bilateral plantar fasciitis. After 3 months or so of disability pay from the VA the IMO would have paid for itself and I'm receiving the money for the rest of my life unless the VA does some trickery LOL I used Dr. Valette for my appeal, so I am waiting on the outcome for that.
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I had a home study done through the VA and was diagnosed with OSA and the next week I had a CPAP machine through the VA. I've never had to come in for another test or anything. The sleep doc wrote up a summary about my sleep apnea and insomnia, but refused to provide me with a DBQ and needless to say my claim was denied, without rational just says not service connected. I'm used to seeing why they are denied and not just its not service connected, but that's all I got in the denial.
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I had my initial consult with Valor Comp. this past Friday and I have to say it went rather well. I am waiting on the prices and terms and conditions for their services. I found out about them on this site through another member who used their services and was awarded disability, but nothing is guaranteed. I have used Dr. Bash and Dr. Valette also for IMOs with great success. What I've learned in dealing with the VA for claims especially when appealing a denial or submitting new evidence its best to out credential their C&P Examiners, which is what I did when using Dr. Bash and Dr. Valette's services and won. It seems like Valor would be great for submitting an initial fully developed claim ensuring everything is in order. I have nothing against VSO's, but it has been my experience in recent years in dealing with two organizations it seems that they are against IMOs, but won't help you in anyway except take your paperwork and not review it or anything and or give contradictory advice. With that said I would fully recommend IMOs, because at the end of the day its about you and if everything is in order from the beginning you won't have to keep running around and continue to play the waiting game with appeals etc., which I had to learn the hard way.
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Thank you green. I'll check into that.
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Slick and Berta,
Thank you for the response. There is nothing in my SMR with anything that can related to diabetes unfortunately and nothing ever showed up on any blood work until one faithful day. I have been treated at the VA since 2005. I know I will probably need a nexus letter to link it to my service connected back injury as a secondary and maybe some of the medications the VA had me on which, cause weight gain. I was hoping to have it approved under "presumptive", which I know is a shot in the dark.
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Should I file a claim for diabetes (chronic diseases) under conditions “presumed to be caused by military service” if I am outside the one year window for diagnoses? I was medically retired on 14 Feb 2014 and was diagnosed with Diabetes mellitus on 21 July 2015. It was discovered through routine blood work and is controlled through diet and exercise (what little I can do without being in pain for days).
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Brokensoldier244th,
Thank you for the reply it is greatly appreciated. So 20% from the original claim file date.
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I submitted my original claim for Bilateral Plantar Fasciitis on 09/04/2013, which was denied. I appealed via NOD and was awarded 0% on 02/15/2014. Again I appealed the 0% via NOD and was awarded 50% on 01/03/2016 according to the DAV letter I received as of 01/08/2016. I have not received the official envelope from the VA; due to my package awaiting an authorizer, but if the DAV correspondence is correct how far back will my retro pay go? I originally was awarded disability at 30% (10% and 20%) and the 50% will bring to 70% according to the letter and VA math, but not sure if that matters at all. Will the retro pay be from the initial claim back in 2013 or the initial rating of 0%? Thank you for your assistance and feedback.
Back Pay?
in Entitlement - Veterans Compensation Benefits Claims
Posted
It can take some time for them to get the retro payment together and depending on the amount the claim will need more signatures. I received my non-official letter from the DAV and 2 months later my claim was finalized and I received my retro. Congrats on the win. I received my retro before I received my official letter. Keep checking EBennies every so often, because your rating will be updated in the system before you receive your official letter in the mail.