Dorothy Kansas

I was able to open it. The Va pays for Home health care even if you receive A/A if you qualify. I use there home maker services

rick this file is damaged

A/A vet and spouse iis $3214.00

This was just an example I used. My situation has caused me to take serious medication that knocks out my immune system and makes me more vulnerable to cancer.

Can a claim be ammended because of a misdiagnosis. For instance you were diagnosed with lyphoma and submitted claim requesting service connection. You then continue to have more testing and it is revealed that you have scleroderma. Can you ask for the claim to be ammended because of misdiagnoses.

I always appeal all issues not granted or adjudicated. I put it on my Form 9 and I also do a detailed NOD.

The special adapted grant is the smallest I believe 11,000 it is given to blind veterans. The adapted housing is 50,000. If you arer awarded the big one the little one becomes a moot issue. You can use HISA anytime it is not included in the SAH or grant.

Sixthsense, once you qualify for "L" or higher the housebound rating becomes a moot issue. just like if you special adative housing grant and special adapted housing. If you get the special adapted housing the grant is moot. I MUST REMIND EVERYONE THAT YOU CAN NOT BUILD ON THE HOUSEBOUND RATING.

The independent 50 or 100 rule only apply when rated L or higher. You can not build on the housebound rating and its less than the "L" award.

THE SMC DIDN'T UPDATE FOR "k" OR L1/2

My rate didn't change something has to be wrong.

Congratulations! and God Bless You!

Bound and Berta, A/A is an SMC

Bound4heaven, if he gets A/A it should be at the R1 level because to "L" awards entitles an "O" rating which qualifies for an R1.

How do I transfer my files from my old computer without transferring a virus. I think my computer was hit with a virus and it attacked all my exe. i would like to give my old computer to my daughter anyway to clean it.

Don't forget he can get A/A if he is unable to protect himself from harm.

Boundforheaven, if he has a Loss of use both feet he should already receive an "L" award. I would get a IMO from another neurologist. This Myofacial pain is a bul---- diagnosis they give to screw you out of what you are entitled. Its similar to the Fibromyalgia. Have you already applied for adapted housing? Submit your doctors statement that he needs assistance with his ADL's

Wally CONGRATULATIONS on your VICTORY!!

Cherie33, The Va also tried to reduce me and take away my A/A. They backed off reducing my 100 percent but, they still want to change me to an Housebound rating. I see clearly through their bull----. They know I can't build upon the HB rating for higher SMC. I have a claim in which entitles me to an "O" rating which automatically qualify for an R1. This is pure intimidation on their part to discourage me. I just want to encourage you to fight as hard as you can and don't depend on your SO.

Cherie33, If you have carried this rating for 5 or more years they can't reduce based on one single examination or report. read 38 C.F.R. 3.3449 (a)

Berta you are right the So's have to push for the benefit of doubt. I was just glad to read mittleider v. west. i pretty much knew that if they were unable to distinguish the symptoms of nsc from sc they should award the veteran the benefit of doubt.

My feelings are similiar to Rick's that is why I am an Independent. I just would like to see a change to Congree voting for their own raises. The people should have a say. They vote on raising the miinum wages.

Glad they changed this resp criteria maybe these numb skulls will stop harassing me with needless PFT's since I have documented Pulmnary hyperetension and use oxygen continously.

When itis not possible to seperate the effects of the service-connected condition and the non-service conected condition, the VA [must] attribute the signs and symptoms of the non-service conidition to the serce-connected condition. See Mittleider v. West, 11 Vet. App. 345 (1998); 38 C.F.R. [ss] 3.102 (reasonable doubt on any issue must be resolved in the claimant's favor) In 1996, when adopting a revised rating schedule for mental disorders, the VA stated "{W}hen it is not possible to separate the effects of the service-connected condition and the non-service connected} VA regulations at 38 C.F.R. [/ss] 3.102, which requires that reasonable doubt on any issue be resolved in the veterans favor, clearly dictate that such signs and symptoms be attributed to the service-connected conditio. 61 Fed. Reg. 52698 (Oct. 8, 1996). In Miltleider, the CAVC noted that there was no medical evidence in the record separating the effects of the appelant's service-connected PTSD from his personality disorders. In fact a VA physician stated, "there is no doubt in my mind from the record about his post-traumatic stress disorder. This is all muddied howevere by his Axis II problems[personality disorders] and drug abuse." Although the Board noted the VA physician's statement in its decision, the board never discussed whether it considered all of the appelant's various symptoms in assigning a rating for his service-connected PTSD. The Court ordered the Board to consider 38 C.F.R. [ss] 3.102 and VA's interpretation of the regulations, explained in the Federal Register in 1996, and provide an adequate statement of reasons or bases for any conclusions made concernung the symptoms of each mental disorder and whether those sy mptoms were seperable or should be considered part of his service connected PTSD symptology. Advocates are reminded that the Mittleider rule should be applied not only in assessing the severity of service-connected mental disorders. It may also apply when assessing the severity of a service-connected physical condition where there is a non-service connected condition whose symtoms overlap and cannot be clearly separated. However the VA's tendency is to consider its application, if at all, only when evaluating mental disorders.

I applied for SSDI after being awarded 100% P&T. I had a strong medical opinion that stated i could not work and she recommended that I seek disability. I have Pulmonary Hypertension(this is the main one) and require continous oxygen. I think the oxygen may have clinched the deal.