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pwrslm

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Everything posted by pwrslm

  1. Medicare Part B (Medical Insurance) The eligibility rules for Part B depend on whether a person is eligible for premium-free Part A or whether the individual has to pay a premium for Part A coverage. Individuals who are eligible for premium-free Part A are also eligible for enroll in Part B once they are entitled to Part A. Enrollment in Part B can only happen at certain times. Individuals who must pay a premium for Part A must meet the following requirements to enroll in Part B: Be age 65 or older; Be a U.S. resident; AND Be either a U.S. citizen, OR
  2. PTSD requires a stressor to get approved. Unless you submitted more info on a different stressor, then it had do have been approved based on your evidence of MST. MST is not a rating, it is a stressor, the event that caused the condition. Wait till you get your decision letter to unravel this. Lots of mistakes in communications can happen, so as soon as you got it in writing, you can validate what the VSO told you.
  3. My PCP sent me to physical therapy for a Functional Capacity Evaluation (FCE). They yanked and pulled and stretched me out in every conceivable way to figure out if I was capable of working. If you can get one of these that shows the effects of DMII on your upper/lower extremities, which restrict your ability to function, it may go a long way in persuading a Dr. to give you a positive report for the claim. If the rating official did not have an answer because the C&P examiner omitted that, the FCE would document the omission.
  4. So far, I have used this in all initial claims since my first one. I think it persuades the C&P examiner more than the RO.
  5. If you have a VSO on file, you can get them to give you the answer to this. I have Legion as representative (they never helped me file a claim). They are allowed to get into the system and find these details for you.
  6. Check Ebenefits. Disabilities will tell you what they approved. This sounds like back pay for a 100% 12-14 months give or take dependents etc. If you dont think its right, call peggy....800-827-1000
  7. When you get a C&P exam with a bad opinion you can challenge that with peer reviewed medical literature. Most of the time, these opinions fail to identify any source proving the basis for the opinion. This can be challenged with medical literature from valid sources. I can access college library with links to professional journals, as well as Google Scholar that also provides links to professional journal articles. These are peer reviewed, and considered equal in weight to any opinion that a medical professional can provide. Anyone can use web sites as well that help find article
  8. SOmething to pay attention to. When you get a C&P exam with a bad opinion you can challenge that with peer reviewed medical literature. Most of the time, these opinions fail to identify any source proving the basis for the opinion. This can be challenged with medical literature from valid sources. I can access college library with links to professional journals, as well as Google Scholar that also provides links to professional journal articles. These are peer reviewed, and considered equal in weight to any opinion that a medical professional can provide. Anyone can use web
  9. Many time, nerve issue cause additional disabilities and are able to be rated separately. The CFR notes that. Typically, nerve problems like this are rated on how they affect the ability of the limb to ambulate. If the nerve is totally severed, for example, the muscles downline are paralyzed, and that would be the highest rating. Explore this issue here
  10. That's a CUE. Undebatable, the examiner noted the pain, and then said it was not there. This was C&P, a govt paid exam with an error. Reopen is gone. That's how we used to do EED for this kind of stuff. Only thing left is CUE, No?
  11. "then 6 months after released diagnosed with same inservice hip strain from C & P. the Cand P did not give an opinion on it though described how it happened in service just 6 months prior." Isnt there a rule where conditions that are ID'd and diagnosed w/in 1 year post discharge is SC? As long as the condition is noted in medical records, they should roll over on the SC. C&P exam stated in happened in service, should have records linking the two then, which is a nexus. https://www.va.gov/disability/eligibility/illnesses-within-one-year-of-discharge/ Disabilities tha
  12. "I wish someone on here who is also active member of the Veterans Benefits Network (VBN) forum would post the above excellent article on that forum as the people who run it are ex VA raters, DROs and VSO. Thank you." I gave up on VBN long ago when they told me that I could not beat an appeal by submitting a request for a higher level review. I then submitted the request, and less than 30 days later, won the claim. They deleted my post after I presented the approved claim to the forum.
  13. For you benefit, work up the timeline of everything from the time you got the TBI. Use the records that are listed in your denial (evidence) and go date by date, line by line, every event that has transpired. You do this with reference to the evidence of record. If there are two TBI incidents that need to be documented, refer to both by date and incident every time you refer to a TBI. Every medical record, every RO statement in every denial that contains an error should be logged. The rebuttal of the error should be referred to by footnote, you can include an attachment to the timeline to d
  14. It depends on what chapter you used to qualify. I just finished CH31, they bought a laptop, books, pencils, pens, literally everything I needed. Ch35 for dependents only gets a set amount of $$, not supplies. VR&E (Chapter 31) benefits: Current State: Will not change unless Veteran is also eligible for Post-9/11 GI Bill. · Full tuition, fees, books, supplies, and any necessary special equipment. · Veterans training at foreign schools receive same allowance as above. · Veterans training solely in-home or on-line receive same
  15. Records from a hospital and xrays are not stored in the same location that your service treatment records are. You must specify that you want the records from the hospital or clinic and give them the name of the hosp/clinic and dates (from / to) of treatment in order to get them to look for it.
  16. Just finished a BA with 100% VA funding via CH 31. Now I want to go on and get a MA. Spouse is 100% P&T Veteran, and I am eligible for CH35 benefits. Was looking into this, and found that the CFR and USC do not agree on the entitlement. USC : §3695. Limitation on period of assistance under two or more programs (a) The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may not exceed 48 months (or the part-time equivalent thereof): (1) Parts VII or VIII, Veterans Regulation numbered 1(a), as
  17. 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 scient
  18. They can get software app's that tell them this info. Google Maps can do it, easy to plot a route and estimate times.
  19. 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.
  20. 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 th
  21. 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.
  22. 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.
  23. 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
  24. 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.
  25. 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
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