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pwrslm

Senior Chief Petty Officer
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pwrslm last won the day on January 30

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About pwrslm

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    E-8 Senior Chief Petty Officer

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    Army

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  1. Go to Google Scholar. You can also find other sources of proof but it must have been written by a medical professional. Journal articles are peer reviewed, so it is the state of the art in medical literature at the time it was published. Your examiner made a sweeping claim that states this knowledge he has provided has been established for hundreds of years. Make a liar out of him. Find journal articles that describe the condition as you presented it. Get 5-10 at a minimum. This is proof that 1. The examiner provided invalid information about your condition. 2. That there is scientific medical literature that shows that there is a connection between A and B.
  2. They can get software app's that tell them this info. Google Maps can do it, easy to plot a route and estimate times.
  3. I would appeal, go for the higher level review, and provide contradictory evidence showing the flaws in the C&P exam. If all goes well, you get the whole thing straightened out in 2-3 months, otherwise you got the appeal already rolling. I did this and they sent me to a 2nd C&P exam, which was just as flawed. I uploaded a 2 page letter documenting the issue using VHA's records, and the granted the whole thing and set aside the C&P exams. You have to have some evidence proving the C&P is in error or they will not even consider it.
  4. VA was dinged by the IG for unnecessary C&P exams over the last year. I would make sure that your VA PCP thoroughly documents your migraines. Review the DBQ associated with migraines and get the PCP to enter as much into the record as you can that the DBQ asks for. Once it is done, get a copy of your blue-button report from the EVet sight 3 or 4 days after your appointment when it updates. In the BB report, highlight the documentation, and bookmark it in PDF format. Write a short note to "whom it may concern" about the documentation you are providing, and drag it in PDF format into the beginning of the BB report before you upload it. Upload it as VA/Govt medical records. This is acceptable clinical evidence. The rating official can send this information to a medical professional for an opinion if its necessary. They might still send you to the C&P, but because of the evidence submitted in the BB report, you are way ahead of the game. Note that over 55, both USC and CFR, as well as the VBA''s M21 training manual forbid them from conducting C&P re-examinations without specifically noted causes. I was scheduled for 3 C&P exams in 2.5 years, and the last one I raised cane and they cancelled the entire exam, and completely deleted it from the record.
  5. Hya David, If you have all this going on, I am sure you have access to some reliable medical care. You should ask the MD in charge of your care if there is a connection between all of these conditions. If you get an affirmative reply, just ask for the MD to note the etiology in your medical records. File an claim for secondary conditions using that as your nexus. If you get the MD on your side, its not very hard to get an increase. The VA will generally go along with whatever you submit from an MD unless its really unbelievable. Ive done this 3 times so far.
  6. If you had diabetes and they took you off medication, they should have monitored your A!C every time you visited your PCP. Diabetic neuropathy generally does not happen when someones A1C is in the proper range because the blood sugar levels have to be right to get the A1C result around 6. If you can, get a non-VA endocrinologist that deals with diabetes and get him to provide you with an opinion that your diabetes was not treated resulting in neuropathy and vision issues. This will let you claim an 1151 for failure to diagnose and treat, resulting in further disabilities.
  7. a few month back the IG got on the VA about pushing IME's when IMO's were sufficient...this may be happening because of that if there is sufficient info in the medical records, they do not need an exam
  8. You will eventually figure out that a few idiots in the office are responsible for 95% of the problem, the rest are fairly competent and mostly professional.
  9. Lay your ground work. Go see an MD for the PAD, and the headaches. Make sure you see a psych for depression, headaches should be something they document for both physical and mental health. Any condition that is cause by a SC condition can be added as secondary, regardless of if it was secondary to another secondary. Just file as secondary to the original SC, and address that in a statement in support of your claim. There must be a valid etiology for it to succeed. At 66, were you in Vietnam? Presumptives here . Migraines here
  10. You can work under TDIU under certain conditions. You must make below the poverty level, or work in a sheltered environment. The VA audits your SS and Tax account for this. Even with a protected rating, if you show that you can work again, they can pull the TDIU, so be careful. This is probably something you need to address w/an attorney, the injury you experienced was not a SC condition. The VA must be held liable for malpractice or this must have been an unforseen outcome. This one gets complex quickly so you probably should prep with a good IMO to start with, and let them deny (if they deny), and then get a legal beagle on your case.1151 claims are not limited so you have to time issue, the FTCA is, you have 2 years to claim under the FTCA so your statute of limitations can bar your claim. Was that Service Connected? You can increase this if it causes pain and that is compensable if it is SC. Was the 70% awarded retro? If so, inquire about getting the student loans paid off by VR&E. If you can show you were qualified and were working on a viable degree to get employment, they might pick that debt up under CH 31 entitlement. This is grey area for me, if anyone knows if this is possible plz provide more input.
  11. " the VA says I'm not entitled to a 2nd 100% temp claim you only get 1 100% temp claim per service connected injury no matter how many times you have surgery on that same injury, they also told me that the CFR will explain why I was denied" Problem with this is that they are obligated to put that in writing and give a reason and basis for everything that they say related to the denial of benefits. If they VSO had an issue, I would bee-line this straight to the WH hotline first off. Take 2 weeks, and if they dont reply, call the WH hotline again. They must tell you the exact CFR, USC, and VA Policy reg that they followed, no exceptions.
  12. Ebenefits site section for letters will tell you for sure. Print them out to see what you current disability benefits are, and it tells you there. That letter is indisputable for benefits. Step 2: Select a letter from the following list. Benefit Summary - Veteran Benefits <--- (this one tells you if you are P&T or UI) Create a Benefit Summary Letter to show you are receiving certain benefits from VA. Benefit Verification Send this letter to confirm details about the VA benefit that you are currently receiving.
  13. Code 5055: If the entire knee joint has been replaced by a prosthesis, then the condition is rated 100% for the first year after the surgery. After the 1-year period, the condition is given a permanent rating. If there is weakness and severe pain with motion, then it is rated 60%. If the pain is not severe, but does limit the range of motion, then it is rated under code 5256 if it is frozen, or under codes 5261 or 5262, discussed below, if it is not frozen. The minimum rating for a total knee replacement, however, is 30% regardless of how much motion it has. Get the claim in within a week of your surgery. send all the documentation and diagnosis with the claim and your surgery schedule. Easy to upload it when you submit after you put in intent to file on the EBenefits web site. You wont get an actual rating until after the surgery, and the 1 year period following. The 100% will kick in the date of surgery, your payment starts the 1st of the following month for a year. The second surgery will be the same, except you should collect SMC for that one, probably S-1/2.or better.... No need to get another nexus because your knee's are already SC. This is a request for increase. Might have been done several years back as your knee's got worse, but thats water under the bridge.
  14. Mental Health diagnosis from NON VA providers are ok unless its PTSD. Do you see anyone outside of the VA for anxiety and depression? How exactly is the anxiety and depression linked to your active duty service. Can you document the reasons that you think caused this condition? Without a little help, even the MH experts can not do this. You have to have laid out a solid case that you believe in before the MH experts will even try to help. VA docs really hedge against making statements even though the VA policy tells us that they are responsible to do so. I think its an inside joke on veterans to be honest.
  15. Thanks for that link Berta. It is another way to fight the bureaucracy. Ive been using the WH Hotline and been getting results. This is another tool in the toolbox we should all employ.
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