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Andyman73
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Posts posted by Andyman73
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Add,
One thing I can think of is that if the increase award is not enough to bump your friend to the next higher payout level, it would show no change on the letter.
Does the status on ebenefits show pending decision or pending approval? Or some other status? Sometimes they will combine claims with historical claims, and close one. I have one or two current claims that this happened to. I think it gives an explanation to that fact, as well. Have your friend call the benefits counselor at your VAMC and ask them.
Keep in mind, that the ROM(range of motion) is a huge factor in deciding what percentage to award. I am currently 40% for my back due to decreased ROM. I was 10% for 17 years, until last year, because I mistakenly would bend beyond the point of pain, which is a big no-no!
If your friend also has sciatica symptoms, that would be a secondary to the back claim, as they don't rate it together with the back.
As a side note, VSOs can be misleading. I just got a letter from mine(DAV) stating all my current claims were denied back before Thanksgiving, but I only found out last week! Several of the claims were not granted exams, even though they are not FDC claims. One of the denied was deemed more likely than not by the examiner. And another claim has 7 STR entries to support it. I called my local benefits counselor and he was rather surprised since his system access shows that none of my active claims are denied, and in fact didn't even get to the VARO until December 15th! 3 weeks after they were supposedly denied by same!
Anyway, hope something I said helps.
Semper Fi.
Andyman
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A few years ago my twin bro filed for SSDI, as advised by the county VA rep. He fought the VA for 10 years trying to get help for a slipped disc in his neck from a fall injury. He relented, wrote the VA a letter saying he was giving up on his claim. They responded to him that they were looking at something unrelated all those years. VA then looked into his neck injury and took the right actions.
He had surgery at the Manhattan VA, where they nicked his spinal cord at the spot where the disc was pressing against it. The resulting scar made his symptoms permanent.
Sometime later he tripped over a doormat, at his work, and blew out his ankle. He never even felt it...because of the numbness caused by the scar on his spinal cord. It saved him from the pain of the ankle injury, but ended his career. This was when he was told to file for IU, and the SSDI.
He uses a cane most days, had to sell his beloved modified turbo Saab, because he could no longer feel the clutch pedal, or grip the shifter with enough force to shift.
Some of my family took offense to his going on SSDI, due to some comments he made about trying to get all he could. Yep, shoulda just kept those thoughts to himself. It just made him look bad. None the less, his SCDs are more than enough to get him the IU and 100% and SSDI.
Just because some Vets try to game the system, or make comments in that same idea, doesn't mean that they don't have the injuries to back up their claims.
I know I do. I would have been, many years ago, but didn't know what I didn't know. However, I never make any comment of any kind to give anyone the wrong idea.
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3 hours ago, Dennis1989 said:
Thanks brother. I guess, falling under the 50 percentile, yet with sever stressors and mid level symptoms... Is it almost guaranteed that I will be at 50 or can it differ either positively or negatively? Just wondering how much weight is on the social inoperability.
Now the real fun comes if your examiner disregards anything you say and comes up with their own opinion of how you feel about life.
For example if you file for depression secondary to chronic pain, and have dozens of STR entrees testifying to that, and point out your current SCDs that are pain related, some going back 17 years....hypothetically speaking, of course. And the examiner opines that he can't make the connection from a minor, one time leg injury leading to depression. Never mind that he was given a copy of a summary of talking points that also was sent in as a part of the hypothetical claim evidence packet. Which he then completely ignored when giving his thoughts in the summary section.
But that is all hypothetical, just for sake of conversation.
Good luck with your claim!
Semper Fi.
Andyman
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Infantry1985,
I'm interested in this as well. I filed for hypertension a few years ago, as primary, and was denied. However, I do believe, now, that I do have a better than 50-50 chance if I file for hb as secondary.
What did you file the HBP secondary to?
Semper Fi.
Andyman
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aoneinsun,
Okay, first off, when ever you go through any exam where they are checking your physical mobility, you must stop at the point you FIRST feel pain or tightness. Some lesser types may try to force you to move beyond that point, do not let them!
Also, describe everything based on your worsts symptoms, they will lowball or deny you otherwise. Never tell them you are fine, tell them you are living.
I went 15 years with a 10% for low back pain because I didn't follow the principle listed in my first line. This past year I finally got bumped to 40%, for my back because I didn't bend or twist beyond the pain.
For your sciatica symptoms caused by the bulging disc, it's a separate claim from back, and is secondary to the back. You can claim both at the same time.
It's better if you don't jump to the lawyer stage first, give the VA their chance. Sometimes they do get it right.
Semper Fi.
Andyman
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Makes me wonder which has better odds of winning, Powerball or VA disability claims???
Getting SC for conditions you didn't even claim is better than winning the lottery, since you have to buy tickets to win that. I have read on here about other Vets who got SC for claims they didn't even file. How do I get some of that action? Probably doesn't help me that my VARO is Philly!
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My current claims have been sitting at prep for decision since the week before Thanksgiving. The past due notice was put on a few days ago.
My most recent C&P was Nov. 3rd. I also had 2 on Oct. 30th.
Some of the smarter Vets on here say not to get too wrapped up on the current status being shown on ebennies, but it's so hard to resist. Especially since we're all waiting for life changing, life improving results.
Yah, their reviewing evidence alright, through their closed eyes!
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SecurityForces03,
One of my current claims also has a past due notice attached to it, but there aren't any docs requested.
Just more of the same ol' thang! VA screwing with Vets to mess them up!
Andyman
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Navy4life,
if your left ankle has been injured/disabled for several years or longer, it's a natural progression, that the right ankle can and will prematurely wear out. Over the years of you limping and compensating for the pain, your right lower extremity has born the brunt of the effects of motion.
Therefor a claim for the R ankle secondary to the L ankle is legitimate.
I am currently waiting on a decision on a R ankle secondary to L ankle claim. I was rated 10% for my L ankle as residual pain from injury back on 11/98. I developed plantar fasciitis in my L foot in '97, and by the time I went for treatment, my L ankle was in major pain. And according to the CFR charts my ROM for my R ankle is right at the 20% rating value.
This past summer I was examined and DXd with pes cavus w/plantar fasciitis bilateral @ 30%. Which developed from the original injury in 1997. While time is not on our side, sometimes it can be our friend(in a round a bout kind of way).
If you haven't yet, maybe file an intent to file claim to establish an EED for your R ankle secondary claim.
I wish you all the success in your claims!
Semper Fi.
Andyman
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OGG,
You're welcome. Most of us didn't know what we didn't know. And no matter what we've learned since then, it's still a snowman's chance in "Death Valley", waiting to see what the VA decides with our claims.
Many times we have to wait to get their decision before we can make our next move. But getting a copy of your C-file is of utmost importance!
Semper Fi.
Andyman
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OGG,
Since I am currently running through a sciatica secondary to back claim, let me say this, they will not back date it beyond the date of the claim for the sciatica. If you did not file a claim for it when you were leaving the Marines, then you can't get retro to that point.
In general they go back 2 years for current active claims. But for CUEs and EEDs and such they can and do, sometimes, go as far back as your original claim goes.
When I had my C&P for increase for my back I mentioned that I enjoy sciatica symptoms in both Lower extremities. But it was not included on the award decision. So then I had to file for it as secondary. So many things I have learned on this site.
Your retro goes back to the first full month after your filed your claim, or intent to file. The VA pays on the first of the month for the month just ending. If you filed intent in June, your first month for retro would be July.
Semper Fi.
Andyman
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Buck,
Good words!
Andyman
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I got one of those in the mail, one day last week. I figured it was one of those Nobama care things, and will show it to my tax pro. Same with my proof of insurance from work.
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Buck,
I will be revoking their POA ASAP! Haven't done one single thing for me, that I'm aware of, beyond recommending a claim decision that resulted in "denied everything".
Navy04,
While the sleep issues and shoulder was only mentioned on a health questionaire, the sciatica symptoms were mentioned during visits to the medical clinic to be treated for back pain.
And I filed the secondary depression a few months after my VA MH dr DXd me with MDD. And for that I submitted copies of all STRs showing treatment for pain in my back, knees and feet, during AD and at the VA afterwards. I also showed where I was prescribed various pain meds during each visit as well. And I sent a copy of the complete VA prescription list showing the NSAIDs I was prescribed, and how often they were refilled.
I was able to regain some level of calmness after speaking with my benefits counselor and Peggy, both confirmed that my current claims are still open.
broncovet,
I have only contacted the DAV twice, and both times they wanted me to do something before they would do anything for me. Hmmm...I can do that with out them just as easily.
Semper Fi.
Andyman
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JB,
Ok, thanks for letting me know. I'm sure there are a few closer to me than Florida! LOL!
Semper Fi.
Andyman
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Gastone,
It's funny, tho, that the DAV said one thing, but the benefits counselor told me something else. And what benefit counselor said matches what ebennies is showing me.
I have a copy of my C-file up to July of this year. I was planning on ordering the next 6 months of it in the new year.
Now correct me if I'm wrong, but all we need for SC is to have a STR showing that we mentioned what ever the issue is, and not neccessarily DX or treatment? For example I mentioned numbness in my feet and shooting pain down my legs and buttox while being seen for back pain, but wasn't treated for the sciatica symptoms.
And secondary conditions don't need to be in the STR at all, such as the sciatica mentioned above?
Thanks, Gastone. I will call the Philly VARO and see what's up. Are the reps at the VARO normally decent to speak with?
Semper Fi.
Andyman
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Hmm, does the Lebanon Peggy have a PA Dutch accent? LOL! Personally I have only spoken to Philly Peggy. I also use the Lebanon VAMC.
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Got a call earlier this morning from the DAV, who I mistakenly made my POA. I emailed them a month ago about my claim status, since ebennies was showing prep for decision and that the DAV had recommended a decision. So I waited till now, to hear from them.
Man told me that the VA has denied all my claims!!!!!!!!!!!!!!!!!!!!! I ask which ones, he said there is a bunch of stuff "in here". He said my jaw condition is denied, Oh??? I have half a dozen treatment records from both the medical and the dental side, clearly showing treatment in service. He said it doesn't show SC???????????? Then what does?
I ask when did this happen? He said November 23rd!!!!!!!!! Oh???? I haven't seen or heard anything from the VA and ebennefits stiill showing prep for decision. He said he will print out the letter and mail it to me today. Said when I get it, to go through my STR and find every instance of treatment or any mention of my contentions.
Said my MH was denied due to same. I said it was filed as secondary to chronic pain. Said I sent in a boat load of evidence showing over 20 years of pain and related prescriptions from in service and post service VA treatment. Said I need to have my VA MH write a letter stating that he DX my MDD due to chronic pain. I said doesn't the VA only take the word of the examining MH dr? He said I still need to get that letter.
I told him just send me the letter and I'll take it from there, thanks and have a good day.
WTF!?!?!?!
I called my benefits counselor, he told me no such thing!!!!!!!!!!!!!!!!!!!!!!!!!!!
He said that none of my claims are decided and that they've only been at the Philly VARO since Dec. 15th. He said it is showing him that they are reviewing the evidence and exams, and trying to see if they need to order exams for any of the claims that don't have current or recent exams.
Oh, ok, I understand that the VARO is a wormhole and who knows when or where your claim may land.
Makes me feel like the butt of some epic inter-galactic joke!!! GGGGGggRRRRRRRRR!!!!!
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Andyman
I sent the request to the National Archives in St Louis & requested ALL records (everything they had)
if you don't request the records on the internet then there's no way of checking on them only by phone call or snail mail.
I did both.
Do you happen to have a number or address?
Thanks Buddy
ArNG11 Yes I have the greencard where they signed for it...I'll do that to Thanks.
........................Buck
Buck,
I don't have any contact info, but I don't imagine it would be too hard to get. Maybe a google search of pres of U.S. should come up with an official site with a contact me link on it.
Andyman
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Buck,
If you already tried the National Archives route, twice, maybe it's time to go a different direction. Someone told me that they went on to the President's official website(Pres.gov?) and used the contact us link on there to inquire about their records that just couldn't seem to be found. Lo and behold he got his service and medical records in near record fashion. So...it's worth a shot.
Andyman
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Big Country,
My dates were very similar. I received my service connection decision in October and was paid the regular monthly payment on November 1st. My effective date for everything is 1 June 2015 (My date of retirement). I actually filed in Jan 2015, but of course the date becomes the retirement date. I received my retro pay about a week ago, however, by my calculation, they owed me for June-September yet I only received 3 months worth. I got the statement a few days later showing they paid Jul, Aug, and Sept.
I spent a week trying to get through to the VA about the month they shorted me, finally scheduling a callback after hours. When the lady from the VA called, she kept talking out of both sides of her mouth. (Long story) Bottom line, she said they do not owe the missing month's payment.
So, to all you HadIt vets, does the VA need to pay us to our effective date, which is shown in our e-Benefits, or can they just decide to not pay us for the first month (like they're trying to tell me)?
Thanks in advance!
Punisher,
It may be that since the date of the claim was in the month of June, they then call that month your waiting period. Or what ever they may call it, either way, they only pay whole months, and since your claim was received in the month of June(albeit the 1st), they call a technicality and get a freebie.
Don't make it suck any less than it does. I'm sure the VA will have some techno jargon laden answer for you.
Semper Fi.
Andyman
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Vync,
I also think that we should get a higher travel comp rate set at 25 cents above what ever the going rate is. And a reduction in federal income tax equal to our overall disability rating, for example 10% rate equals 10% reduction in taxes, and 50% equals 50% reduction in taxes, and so on.
So much is not done to compensate all Veterans, not just disabled Vets. We all should be justly rewarded for serving our country. It would be such a small overall cost as to not even effect state or federal budgets, since roughly 1% or so, of our country's citizens have served or are serving.
AB8 claim increse
in VA.gov Questions (formerly E-Benefits)
Posted
Add,
Sometimes those long bus rides are the worst part. Better than hotel california, I suppose.
He probably should file the c-file request himself, instead of his VSO. Things have a nasty habit of getting stuck on their desks for many moons.
Hopefully his decision letter comes soon with favorable news.
Semper Fi.
Andyman