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Common Veterans Affairs Disabilities: Tinnitus - Hearing loss - PTSD - Post-traumatic stress disorder - Lumbosacral or cervical strain - Scars - Limitation of flexion, knee - Diabetes mellitus - Paralysis of the sciatic nerve - Limitation of motion of the ankle - Degenerative arthritis of the spine - TBI - Traumatic Brain Injury

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pwrslm

Senior Chief Petty Officer
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pwrslm last won the day on September 27

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About pwrslm

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    E-7 Chief Petty Officer

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    Army

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  1. unable to start anything

    Schedular can still work. Im 90% and use CH 31 in VR&E. You should be able to get into a college or some type of vocational training that you like. They also have the Independent living services that you should qualify for. Like shop work? Make furniture in your garage. The VA can pay for the tools and get you started. Same thing with a greenhouse, ASKNOD did that one. He is still fighting to get it done, but its a path that he blazed for all of us so you can follow his example. The VOC-REHAB rep you have should talk to you about all of the potentials, and if they dont, research on your own. Find the door, and go through it!
  2. You need the C File. I dint note anywhere in this long thread where you asked the VARO for a copy of it.. They should have records going all the way back to the first time you filed a claim. You need to review the entire file, note every mistake the VA made, and see what you turn up. It is very possible that your original claim contained errors that you can win in an appeal which would give you back pay for the entire 25 year period, but you will never know without the CFile. You can take it to a VA Lawyer for the appeal, and if there are any grounds for you to appeal, I have little doubt that they will pick up and run with it for you because of the sizable back pay involved. They take something like 20 or 40% when you win and should pick you up on contingency. The biggest mistake we make is that we get in over our heads in the appeals process. If the VA Lawyer at the VBA thinks that they can run over you, they will and get the appeal denied. If you have the lawyer on your side that knows the in's and out's of the legal process, it is much less likely to happen. I know that the first instinct for a vet is to follow the good will ad faith in the system, but sometimes when these claims get very complex, we need legal help. The VA will fight tooth and nail and use every dirty trick in the book to not pay you backpay for 25 years because THEY made a mistake from the start. My advice is get that legal representation on contingency, if they lose you wont lose a thing. If they win, you get 60-80% back for the last 25 years.
  3. Convalescence Question

    Make sure you get a letter or note by the surgeon for convalescent time. My spine surgeon wrote that I would be out of work for 3-6 months and it went through without a hitch. If you do not have anything saying you need it, I dont think they will approve it.
  4. The VA is obligated by law to use the Dx code that gives you the highest rating. When they evaluate the rating, they will check all Dx codes related and compare them and you get the Dx code that gives you the greatest benefit available.
  5. VA Press Release on more AO presumptives

    They got this list in 2014. What is the holdup? Why didn't they already do these studies?
  6. The Courts decision is based on existing regulation and law. This means that any vet who was stuck because the decision relied on a DBQ or medical opinion that declined to speculate what the condition could have been under situations where it got worse or flaired up has grounds for an appeal (based possibly on CUE). If the RO accepted an inadequate exam because of this then it would violate VA handbooks on the issue and it means that the RO failed to insure that an adequate examination was made. i.e., "the inability . . . to perform the normal working movements of the body with normal excursion, strength, speed, coordination[,] and endurance"—including as due to pain. 38 C.F.R. § 4.40 (2017). "DeLuca's requirements are reflected in the VA Clinician's Guide, which "provides information for performing examinations that meet the requirements of federal law" and "explains the law in clinical terms." VA CLINICIAN'S GUIDE § 0.1 (March 2002). When conducting evaluations for musculoskeletal disabilities, examiners are instructed to inquire whether there are periods of flare and, if the answer is yes, to state their severity, frequency, and duration; name the precipitating and alleviating factors; and estimate, "per [the] veteran," to what extent, if any, they affect functional impairment. See generally id., ch. 11. These instructions appear in worksheets pertaining to musculoskeletal examinations of the spine, shoulders, elbows, wrists, hips, knees, ankles, feet, and hands, as well as muscles." (Sharp v Shulkin 9/6/17)
  7. Thanks Vync. Any idea how they make the conclusion? I suspect that it would need to be made by a medical professional, or not? I understand the nature of how a condition can improve and be subject to a rating decrease, but what does a rating official need in order to make that decision. I never saw anything in the M21 or CFR that cites any list of conditions that may improve. My Argument; It actually appears to be a medical determination that a condition will improve over time. The RO is not qualified to make that type of determination.
  8. So I was reading a VA decision. It stated that a condition was likely to improve. Where do they get that information? I read their DBQ and the questions they asked the examiner and the phrase is not there. It appears to be a medical determination, so the RO has no authority to make this type of determination without a reason and basis to do so. How do you approach this? Appeal?
  9. Am I Wasting My Time?

    military ended use of AO in VN around April 1970.
  10. ftca legal info

    Hi Bertha, I will scan decision when it gets in. The DIC could not be approved without SC so I think that I would have to affirm SC for the AO linked CMML (Myeloid Leukemia). For any benefit to be awarded in the DIC claim, they have to approve the original claim that the Veteran filed before he died. I am assuming that both were approved at this point but I am not holding my breath because this is the VA and I know that everything has to be verified before anything is for sure. I know that 1151 cases are a big issue, but the VA hides so much information from us at VAMC levels that most of the time malpractice can never be proven. They have the basic records that most of us can retrieve on the HealthEVet web site or at the ROI office, but they never allow us to get to the records behind that where referrals and other conversations happen between providers. Those hidden records would prove actions and inaction by the providers and they probably think they are so smart to be able to hide all that from us. We are soliciting a letter from the original Oncologist that gave us the nexus letter for our case asking for her opinion on if the VA' diagnosed and treated the CMML if the Veteran would have had any better odds. CMML usually isn't so fast, from the time the Vet was diagnosed to the time he died was 9 months because by the time it was diagnosed it had progressed to far and was resistant to treatment. If he had been diagnosed in the year prior to that, we want to know if his chances of survival would have gone up. Most people with CMML live up to 5 and 10 years after being diagnosed, so this will be the key to the FTCA. I identified that the VA sent blood samples to the MAYO CLINIC and they noted more than 6 months before diagnosis that they should check to see if he had CML. The VA never acted on that notice. If we get that, we should fare well in any court with the failure diagnose and treat claim. I should have that in the next week. addendum; Just got word that the MD didnt want to give us a letter on this. Gotta do some thinking on if this is possible now.
  11. ftca legal info

    Update. I contacted the White House Veterans line two weeks ago. They sent me an email regurgitating the same BS in the decision and wrote me off, so I called again. They sent a second email I got on Saturday, and I replied to them. I told them I wanted them to CUE their error. They wanted me to request a reconsideration but the VA had not authorized the widow to substitute the deceased veteran, and projected the approval to be July 2018. I told them the survivor could not because the VA had not authorized her to do it. I reiterated the fact that we provided them with a nexus letter and linked to a .gov website (National Institute of Health) that clearly stated that Benzine was known to cause CMML (Chronic Myeloid Leukemia) to prove my case. I got an email from Client Relations, Office of the Under Secretary for Benefits at 1430 today telling me that a favorable deccision for benefits had been made as of 10/30/2017. Now that the condition is Service Connected, we can move on to the FTCA case. They cannot offset this award if we win an FTCA case for failure to diagnose and treat. (IS THAT RIGHT?) Thank you Birtha, I did just what you said and demanded that the VA CUE themselves and they did it.
  12. If your examination included that you have any type of deformity, it would rate 20%. Most of the time the rating is based on ROM. Find info here; http://www.militarydisabilitymadeeasy.com/thespine.html
  13. static would need to be a medical determination so a vets lay statement would be worthless in this situation if you cant get the VA Md to give say that this condition is permanent and will not likely improve in the future than you would need an IMO from a non-VA Dr to make the determination if you provide the RO with the statement, they cannot ignore it and must include it in any decision if they ignore it then it should be winnable via appeal - unless they have an opinion stating that the condition is expected to improve (in which case you would be given the initial rating based on current severity and then a future exam scheduled)
  14. Getting GERD SC'd

    Do you have your service medical records? The Script should be in the record.
  15. ROM considers pain involved. Stop moving when it hurts is what I was told. They gave me a 20% rating because my disc bulged out the front/right 35 years ago and it went untreated for 35 years. By then I had scoliosis in both lumbar and thoracic, and the curve caused a deformity in my Cervical. After 4 level fusion, they gave me 40% because flexion is 10degrees. That is permanent, its a pain to pick up anything off the ground. ROM is the only way they rate spine anymore, bed rest was stopped in the 90s because it doesnt help, and makes it worse most of the time. The C&P should be backed up with MRI and XRAY imaging. The ROM they work from is forward flexion. Dont hold on to anything when you bend forward, stop when it begins to cause pain. This is where you should be rated at.
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