bleggett29

Thanks for answering. My apologies for not making my plan to SC Diabetes clear. I plan to have it secondary to Panic Disorder via Obesity. I knew before claiming Obesity, that it is not a compensable disability. However, I knew it could bridge the gap between Panic Disorder and OSA. Which is what I originally wanted to do. Now I would like to use it to claim Diabetes. I have already been denied Obesity secondary to Panic Disorder. I know there is a way but I am lost in how. I knew that you can't have an SMC S and another SMC, except K. However, I didn't know of the possibility of a L for LOU and a L for A&A. BTW, I hope I don't ever have to file for LOU for my feet. I just want to have everything in place in case I have to. Thanks again, B Leggett

Hello, I am already 100% and SMC S1/SMC K1. I have additional disabilities, some denied and some not yet submitted. These disabilities currently wouldn't increase me beyond SMC S & K. But in the future I expect it will. My current individual ratings: 100% Panic Disorder /w Agoraphobia. 100% COPD 30% IBS 20% Degenerative Arthritis & IVDS of thoracolumbar spine 20% Radiculopathy (lower left - sciatic nerve) 20% Radiculopathy (lower right - sciatic nerve) 20% Radiculopathy (lower left - femoral nerve) 20% Radiculopathy (lower right - femoral nerve) 10% Tinnitus 0% Bilat Hearing Loss 0% ED My denied disabilities: Bilat foot condition OSA - sleep apnea Obesity My unclaimed disabilities: Diabetes Diabetic Neuropathy (below knees) I first tried OSA secondary to Panic Disorder. Then tried Obesity secondary to Panic Disorder to bridge the gap between OSA and Panic Disorder. I now need Obesity to bridge the gap between Diabetes & Diabetic Neuropathy and Panic Disorder. I am trying to establish a path to eventual LOU (or, God forbid, amputation) for my feet or legs below the knees. I already have balance problems. 1st question. Should I even try to claim Diabetic Neuropathy since I already have 4 separate 20% ratings to both lower extremities? Wait until after Diabetes is SC? I want to avoid losing SMC S if Diabetic Neuropathy replaces those four 20% ratings with possible lower rating(s) until a higher SMC is likely. EDIT: I just realized that this shouldn't be a problem since I have two 100% ratings. The COPD is a recent rating. I was obsessed with the 100 + 60 for so long the second 100% hadn't yet changed my thinking. 2nd question. Should I pursue OSA? I don't see anything to gain. 3rd Question. Is A&A a possibility? I live alone. I constantly forget medications. I need help taking care of my feet. Due to back, foot and lower leg pain, I can't stand long enough to shower regularly. Or to cook, so it is either microwave or DoorDash. I applied for and was denied Homemaker and Home Health Care Aid from the VA. EDIT: My home is also messy. Like trash everywhere. Like a hoarder but with trash. I'm so embarrassed by it, I almost didn't include in this post. Please, if you have any suggestions or comments, let me know. Thanks, B. Leggett

Thanks for your reply. This brings my spirits up some. I've been fighting this for awhile. I just looked at my messages on eBenefits. It does show the original claim, both of the other failed claims, and the successfully submitted claim. The original filing date was Jan 2013. Final claim submitted Sep 2013. Claim awarded July 2015. NOD filed Aug 2015. Entered RAMP July 2018. Received denial Jan 2019. Been sitting on this since. Decided to get off my @ss recently. If awarded, it would be a sizable chunk of change. 7 months @ 100% plus (hopefully) 5 years 8 months of SMC(S-2) that was also denied in Jan 2019. I was awarded SMC(S-1) last Oct. after finally getting 100 + 60.

Is an appeal for EED feasible with the following facts: 1.) Veteran started a claim via eBenefits, thus establishing veterans' intent to file. 2.) 9 months after starting claim, veteran attempts to complete and submit claim via eBenefits but an error caused by eBenefits forced veteran to delete and start new claim (twice). 3.) VA grants claim with an effective date the new claim was completed and submitted (9 months after ITF) 4.) Veteran did receive via email Receipt of Claim of when veteran started original claim. I've been looking at 38 CFR § 3.1 (r) but am unsure if it would apply in this case. Thanks

I would apply for Medical Assistance/Medicaid for your wife and children. Going in to speak to someone of your options would probably be best. But you can always go online https://assist.dhss.delaware.gov/

You may also be covered under the FMLA https://www.dol.gov/whd/fmla/ It provided job protection, without pay, for up to 12 cumulative weeks per year for family members with serious illnesses or your own serious illness. The definition of serious illness is a bit murky but I would assume your illness(s) may fall under this if it/they are related to GWI. Also, since it is cumulative, it can be used intermittently. As with other replies, consult with the DOL and an attorney.

You may be eligible for Medicaid. I would go to your local Social Services office and apply. Bring all your unpaid medical bills, including the AMR bill. If you qualify, these bills may be paid by Medicaid. While you're at it, apply for energy assistance and SNAP. Unless you can show good cause for not notifying the VA about the AMR service within the allotted time period, I doubt you will have any luck that the VA picks up the tab.

I agree with bronco and buck. It is the responsibility of the vet to let the VA know of the situation within 72 hrs. I, myself, had to eat a $240 ambulance bill. It was a simple mistake on my part, but my responsibility. One night I called an ambulance because I thought I was having a stroke. They came and checked me out and went on their way. The next night, same thing. I had them transport me to the ER. Turned out to be very bad panic attacks. As soon as I was released from the hospital, I took my discharge paper to the local VA clinic. Of course me being a little loopy from whatever sedative was given to me, I failed to mention the night before. When the bill arrived, I went down to the VA clinic and was told I waited too long. I tried to fight it for about 6 months but as soon as the first collection notice came, I paid. $240 is not worth ruining my credit especially since I just got it cleared up two years ago and am planning on buying a house in the next year.

HR4958 looks to contain the exact same text as all the previous Veterans' Compensation Cost-of-Living Adjustment Act of XXXX. The only difference being the date it is to be effective.

If you are not already getting , SMC(S) Housebound, you may get it for the time of the temporary 100%. It's about an extra $350/month.

Looks like a 70% rating. To get to the next rating level (100%) the examiner would need to check the box for "Total Occupational and Social Impairment", which was not done.

The surcharge is 5% on sales BEFORE any discounts. If it appears higher, you likely used coupons. The surcharge is for upkeep of commissary facilities. DeCA also sells items at the same price it payed for them. The local grocery stores often sells some items lower than cost to maximize profits on higher cost items. This is called "loss leading". They entice you by the low price of these items in the hopes you also buy the higher cost items.

It's about time. But no OCONUS Space A. Only CONUS and US Territories.

This has to be a record for VA. The claim I put in is done in just under a month. I don't have the award packet yet but it looks like I got awarded 10% each (total 4) for radiculopathy (sciatic nerve) bi-lat and radiculopathy (femoral nerve) bi-lat. But I probably screwed myself by claiming Lumbago because my 20% DDD got lowered to 10%. Looks like a NOD because the examiner only performed the initial ROM, and not repeated use ROM. So, I went from 100% + 40% to 100% + 50%. But it should be 100% + 60% after the NOD. If I understand correctly, the pain comes from the sciatic nerves and sensation/motor function from the femoral nerves?

Interesting. I'm about to file a claim for Lumbago (lower back pain) and Lumbar Radicular Syndrome (pain from radiculopathy). I'm already 20% for DDD of L3-L4, and 10% each leg for radiculopathy. Plus 100% Panic Disorder and 10% tinnitus. If I get 10% for each of what I'm about to claim, it'll put me at 100% + 60%.

That would be the eBenefits. It is also showing up on vets.com I noticed my RAMP appeal on both this morning.

I was getting that, until I CLEARED COOKIES.

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Msgt, it also looks like you may have been eligible for SMC K for Loss of Use since the time ED was awarded.

From what I was able to find doing a google search, it that CHAMPVA covers Acupuncture. BUT finding an Acupuncturist that accepts CHAMPVA is going to be difficult.

From what I gather from the responses is that there should not be anything holding back my claim and I should raise holly h*ll? OK, got it.

Back in 2013 I finally was awarded 100% P&T for Panic Disorder w/ Agoraphobia. However, the effective date should have been 6 months earlier, so I sent a NOD. Recently I sent a claim for loss of use (ED) secondary to Panic Disorder/Agoraphobia due to medication. About a week later I receive a letter that the VA can't work on the claim due to the pending appeal. I'm confused because in 2016 I sent a claim for OSA secondary to Panic Disorder/Agoraphobia. That claim was worked on, of course being denied(NOD not yet sent). I've been combing through the VA manual and can't find where claims are not worked on because of a pending appeal. I did find where a FDC claim is excluded from FDC but should follow the normal route for claims instead. Does anyone know where in the manual or CFR that address my situation? Thanks

Allan, In the discharge exam, is there any notation of the vertigo or any of it's symptoms? You may be able to use that. From my discharge exam, I was able to be SC for Tinnitus, Hearing Loss, DDD Lower back, Radiculopathy Left Leg, IBS, and Panic Disorder w/Agoraphobia. Although I had no treatment at all while in service, my discharge exam noted symptoms for those. I may have been incredibly lucky. I don't know. But if your vet has symptoms of vertigo in their discharge exam, it may be the evidence you need.

I don't know if you've visited this page yet https://www.archives.gov/veterans/military-service-records/medical-records.html but it should help you. It looks like they should be at the VARMC, which is also in St. Louis. Records Management Center (VARMC)P.O. Box 5020St. Louis, MO 63115-5020Telephone: 1-888-533-4558

You should be able to have both insurance policies simultaneously, so you shouldn't need to worry about having to "give back" the tax credit. From what I understand is that CHAMPVA works like Medicare - CHAMPVA is always secondary payer if you have other insurance. The other insurance gets billed first, then CHAMPVA gets billed if needed.