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green
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Posts posted by green
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I was reading thru my last rating decision which was a request for an increase. I was wondering if the following wording and thinking is still utilized today?
2. Claim for increased compensation received July 24, 1994. Outpatient treatment folder notes increasing problems with primary disability as early as November 7, 1993. Analysis: 38 CFR 3.400 generally provides that the effective date for increased evaluation for service connected disability will be the date it is earliest factually ascertainable that a permanent increase in disability has occurred provided a claim is received within one year of that date, otherwise it will be the date of receipt of claim. Effective date for increased evaluation for primary disability is November 7, 1993
Would the same thinking be applied to requests for ratings on secondary conditions (i.e. the issue is well documented up to a year prior to the claim date)?
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I don't have an answer for you but found it funny that I was just reading this not 5 minutes ago as I was researching secondary conditions.
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waccamawwild,
I went down this same road about 9 months ago, filed a NOD regarding the effective dates in eBenefits as my primary disability has been in place over 22 years and they had an effective date of 2007. I received a call from the RO letting me know that eBenefits is not the official record (as broncovet shared) and that my C-File did in fact list the correct date. I share this to hopefully avoid stress and worry on your part.
Green
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I think you are only allowed one mental health diagnosis, so I believe you keep the 70 and lose the 50. Also, some of those 10's look like the bilateral factor would apply. I think the 90% is probably accurate.
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Buck,
So happy for you, I know it's been a long road. I hope that the stress of the journey will quickly dissipate and that you will be able to focus on yourself, family and friends.
Green
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Anyone heard from lotsaspotz lately? Hope all is well with her and her hubby.
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I'd keep all your records, perhaps they can serve as a basis for a more accurate reimbursement once the VA changes to this "new system that meets the intent of the law" which has yet to be identified/created. I wonder if they have ever heard of mapquest or google?
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wes1,
I believe they shut it down. Its been offline for what seems like a couple months. I'm guessing that it was providing vets with additional information (not available on the regular site) which led to intelligent questions. It seems the VA doesn't want vets to really know anything regarding the status of their claims. Sorry to sound so snarky but I can't figure any other reason for it being disconnected.
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N4L
I had a CT scan a number of months ago regarding my issue with diabetic autonomic neuropathy (symptoms similar to IBS). When I read the report they were able to determine several things which surprised me. They noted that I had broken my lower back at some point (news to me), had tissue issues with my lungs they likened to COPD (never smoked), enlarged heart (since debunked by a private cardiologist), and several enlarged lymph nodes in my groin. They also called for a more detailed MRI as a result of this test
The cardiologist told me that radiologists read things that may or may not be the complete story. I tell you this so that you wait until the MRI is complete and they have more information before you get overly (possibly) concerned.
- Navy4life, flores97 and TALON II FE
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Very interesting approach for VA to focus on mental health and outsource other care.
http://www.cnn.com/2016/02/15/politics/el-paso-va-reform/index.html
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Wish you good luck and speed CA96
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MCCFR, I don't have a VSO. I (and other vets that choose to pursue claims on their own) are at the mercy of what the VA is willing to tell us regarding the status of our claim. This means we can call the 1-800 number, ask a VA employee through the chat feature on ebenefits or submit an IRIS question. The problem is that none of these resources provide the vet with specific or detailed information regarding the status of the claim. We are forced to wait until the claim is decided and receive formal notification as to the official decision.
However, if we appoint a power of attorney the POA has the ability to gain detailed information about our claims. I don't think it's right that I should have to give another person or entity the ability to speak, make decisions on my behalf to gain this detailed information. The VA should be forced to provide this same detail to vets who don't elect to be represented by a POA.
Some veterans representatives are very good, some are not.
- broncovet and TALON II FE
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I guess I was asking the question from a legal perspective rather than a "who the VA prefers to deal with" perspective but I do appreciate your opinion yellowrose.
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Sounds fair and could be advantageous to the disabled vet.
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That a VSO with power of attorney can contact the VA and get more detailed information regarding the status of a claim than a vet representing themselves can get?
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This is the explanation IRIS provided:
Although your claim was submitted as a fully developed claim (FDC) the regional office (RO) is still required to obtain any evidence, on your behalf, they deem necessary in making a correct decision on the claim.
Your records from Oregon were first requested on November 18; however, the fax request was not received from the RO. The RO again requested the records on December 22, 2015. The VA medical center indicated it could take up to 10 weeks to provide these to the RO.
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The FDC was submitted 205 days ago, the intent to file started in November of 2014. And yes, all evidence has been provided to the VA. I hit the decide now button 60 days ago but made no difference. According to Peggy they are waiting on medical records from Oregon that are 22 - 32 years old.
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I don't really know where to post this question but I want to present my situation and ask how it could play out.
- Veteran is medically discharged out of service for diabetes, service connected, rated at 20%.
- 5 years after initial rating, veteran asks for secondary rating of peripheral neuropathy, cursory exam, denied due to supposed lack of evidence.
- 11 years after initial rating veteran asks for reevaluation of primary disability, submits request for secondary rating of peripheral neuropathy and ED. Veteran awarded increase in primary rating of diabetes under the existing (at that time) rating schedule. Basis for 60% met, criteria requires secondary conditions that are not due their own rating. Basis for 100% criteria requires secondary conditions that could be rated separately. Veteran is denied peripheral neuropathy and ED based on supposed lack of evidence. The decision provided to the vet does not include rights in terms of appeal or disagreement.
- 2 years following the increase in rating the VA changes diabetes rating criteria to include hospitalizations for the 60% and 100% ratings, veteran does not receive a reevaluation for the 20+ years the increased rating is in effect.
- 20+ years after increase in primary increase the veteran files a FDC for secondary conditions related to peripheral neuropathy, autonomic neuropathy, diabetic retinopathy and ED. This time vet seeks C&P for PN outside VA, has a Nerve Conduction Study that proves PN exists, and provides records to the VA. The VA conducts C&P exams on all conditions claimed and concurs that there is a greater than 50% chance conditions are due to primary disability and C&P exam indicates moderate severity on contentions related to neuropathy.
- VA requests records from States the veteran hasn't lived in for 20+ years but did have records related to previous claims and denials.
I realize there is a lot here, I'm still trying to figure out why a FDC is taking so long for the VA to make a determination.
Thank you!
Green
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Strange Call
in VA Disability Claims Research
Posted
Received a call from the local VA medical center Endocrinology department asking me if I was interested in the VA Choice program as they can't see me as soon as they need to. I knew the program was available for people who lived far from a VA medical center but didn't know they offered it locally. Any words of wisdom?