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pwrslm

Senior Chief Petty Officer
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pwrslm last won the day on October 31

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About pwrslm

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    E-8 Senior Chief Petty Officer

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  • Branch of Service
    Army

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  1. 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.
  2. 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
  3. 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.
  4. " 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.
  5. 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.
  6. 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.
  7. 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.
  8. pwrslm

    Rogue C&P Examiner?

    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.
  9. pwrslm

    Ebenefits

    call 800 827 1000 for info ebenefits is not the best or timely
  10. dbq will be in your blue button report on healthevet if it was done by the va
  11. Not knowing what your condition is, I cannot advise. Until you are 55, its a sure thing that the VA will call on you from time to time about re-evaluations. I am past 55, got to 100% P&T by submitting everything related to my spine/leg. Not supposed to get any more re-evaluations, but thats not a guarantee. Just be straight with all of them and if someone tries to railroad your rating, be prepared to fight to protect it. That means have a reliable alt pcp or other provider on your side. Meanwhile check ch 31 VR&E out. Free to look. If you increase your education it increases your income and will hedge against losing VA disability.
  12. pwrslm

    PTSD and gambling?

    A little old lady told me that if the devil keeps ya busy, it keeps you away from Gods work. I didnt realize it years ago, but that enlistment contract gave me an insurance policy just in case I got hurt. I went for 35 years and never realized it existed. My spine was screwed up something terrible, and it kept me from doing what I really wanted. It kept me from working hard, and I did work like a dog when I was motivated. When everything was falling apart in the end, someone told me that the VA should deal with my back problem because it was from way back where it started in the Army. That began an incredible journey to where I am today. I really am disabled. It took a year or so to finally come to terms and understand what that meant, but its ok. I can still get around, do things I really want, but some things I will never do again, like run, or even walk fast. If you put it in your mind that you are 100% disabled, it can destroy you. I wont let it stop me, I go to a gym now and use an elliptical. I can go 4 thousand yards on a rowing machine pretty fast. I keep hope up, and if I have a bad day and life knocks me down, I get right back up ready for anything else life throws at me. If you quit, it will kill you. Fight the good fight gentlemen, stand up and be counted. Its our hearts that make us men, not our injured bodies!
  13. SSDI will let you do a trial thing for work and still keep benefits. Talk to an SSDI rep on this. Dont know what your disabilities are so I cant recommend much but VA disability does not restrict your ability to work unless they awarded you 100% IU (individual unemployability). If you have IU, when they find out that you are working (usually through SS and taxes) they will re-evaluate you, or you can notify them that you need a re-evaluation after you get a solid job. VA will also give you some room for a trial before they pull an IU award, but then your disability compensation will drop back to whatever it should be without IU. You should check into CH 31 VR&E also. It will get you a degree if you are over 30% disabled and cannot work. You could get a 4 yr BA and be much better off in the long run with a degree of your choice. I did this, 59 Y/O in school, graduate next May. They pay everything including books, computers, pens, the whole shot plus you get a living stipend of 750+/- every month on top of your disability pay. If you already have a degree, they can get you the PhD also. Explore your options.
  14. pwrslm

    PTSD and gambling?

    I read about one guy who got into thrill seeking and ended up DOA one day. PTSD is a complex issue, not just anxiety and stress but also addictions and emotions. Gambling is an addiction. PTSD may be the primer, but the relief from "winning" makes you feel important and successful. It allows you to put on a mask and for a little bit life is normal. Most gambling addictions can go on for years before causing major problems. Some can become acute and destroy someone's life in short order. This link goes to a journal to an article that talks about this and other problem behaviors associated with PTSD.
  15. "Stable 40% chronic anterior wedge deformity of the T7 vertebral body20% chronic anterior wedge deformity of the T8 vertebral body" Did the examiner give any opinions on the wedge deformity? These deformities can be caused by osteoporosis in older adults or they can be a birth defect. The vertebra is crushed when its from osteo which is considered a fracture.
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