Holllie Greene

Computer issues and passwords problems appear to be solved...
Anyway, my appeal is in legacy and it has been a little bit over 1 year...I continue to wait.

He is in love and wants to get married to the lady.  I am all for love and marriage, I wonder if his intended would consider becoming an American citizen?  Just a thought...  😍
 

I was talking with the RO in Roanoke, VA today about the status of my BVA appeal which was granted and when will they finish what I am calling the second half (the ratings). He was looking in the system and unofficially (Until I have something in writing from the VA) I will be 100%. Now I thought it would be 100% P&T but he said no because of the MD, that would be re-evaluated somewhere down the road.
My question is he wrong? Because I have MD I am not considered 100% P&T but just simply 100%. Needless to say I want P&T so I get the additional perks, educational benefits, property tax discounts, etc.
Needless to say him telling me this really burst my bubble, I wanted the additional benefits not just the 100%.
Thanks

Hollie no worries, I may also be wrong...lol

MD takes awhile. That's what I'm diagnosed as, also.

I am 61 and really doubt I will make it to 96...lol.
They are trying to reduce me also, so who knows perhaps I will only be at 100% for a few weeks.

Paul,
I apologize for my misunderstanding of MD---I have learned something today. 😀

@Holllie Greene MD is Major Depression (at least how I am looking at it). 🙂
Hopefully I won't have to wait 35 years...I will be dead by then...lol

Hi,
Don't let him burst your bubble.  Whereas I am sorry you have Muscular Dystrophy (MD), I do believe it is a disease without a cure (and I do not mean to burst your bubble by saying this) and diseases without a cure are permanent.  Just be patient.

It is hard to get P&T.  I was in the system for 35 years and 56 years old before I was awarded 100% scheduler and P&T. 
You should be able to get the tax benefits at 100% unless your state has some flakey laws.

So the new thing when I check into the VA is do I have insurance anywhere else and now being an ssdi recipient for two years I’m now receiving Medicare. Anyone know when I go to my appointment and tell them this what exactly will change I’m not being billed for anything ever being 100 P and T?

Its like having Tricare...they want to bill the other company first. I am asked every time I see a doctor on base. You won't pay anything. 
 

The va cannot bill you for anything because you are rated 50% or more.  If however a veteran is rated under 50% they may  be required to pay a fee for medications and  for non service connected medical care. Veterans rated 100% or TDIU will not pay any fees for any care.  Other than that, Veterans don't pay for medical care at the VA.  As to medical care on a military base.. retirees do have a deductible that they must meet. If however a retiree has Tricare and  private medical insurance or Medicare,  the will not pay any out of pocket expenses.  

I declined my medicare and don't pay the premiums anymore........it is worthless to me honestly at this point I couldn't find shit for providers and in order to find any I had to buy a medicare advantage plan that cost $$$ and when I turn 65 I won't have to pay the penalty for opting out when I was eligible for SSDI, so I stopped wasting my money every month. 
 

Hi,
Don't let him burst your bubble.  Whereas I am sorry you have Muscular Dystrophy (MD), I do believe it is a disease without a cure (and I do not mean to burst your bubble by saying this) and diseases without a cure are permanent.  Just be patient.

Computer issues and passwords problems appear to be solved...
Anyway, my appeal is in legacy and it has been a little bit over 1 year...I continue to wait.

I have a claim from 2/2019 and was granted some of it for my ear issues. We did an NOD for increased % for hearing loss and also ear infections, all ear related conditions. This NOD was received 12/17/2017. In April 19, I submitted a fully developed claim with a civilian ARNP ENT nexus statement (50% or greater caused by service), DBQ, and treatment records. All in my favor for what is now diagnosed meniers disease. With that claim I submitted a VA ent doctor diagnosis of meneirs and also currently being treated for it by the VA. After paperwork is received I then have a C&P exam approx 2 months after. Another ENT nurse practitioner, after her exam, tells me that she is serviced connecting me for meniers and then she does believe it is caused due to the military. This same ARNP gives me service connection, dbq, and her exam is in my favor 50% greater than caused to service. That's 2 DBQs and 2 Nexus in my favor all submitted. A month or so passes and I am told that the VA is unable to process this claim due to an old appeal (2017) that is too similar to this current meniers. As I see it and per CFR 38 etc etc it SHOULD easily be rated 100%, as all required marks are met. However it is not processed as i mentioned and attached to my NOD from 12/2017. I spoke to a few other people including 2 from FDVA (florida) and was told i should be receiving a decision on my claim/NOD within 30 days and the other told me 30-90 days. They also said that I should be granted something in my favor shortly since they responded and attached it to my NOD rather than sending me back just a denial while continuing my NOD. My timeline for the NOD says 1-26 months (legacy) dating from 12/2017. Since I am now 1 year 9 months in this NOD, and all evidence is submitted and done, I am unsure if i should opt into the AMA process with the 125 average? And or wait since my NOD/claim is SUPPOSED almost done with due to C&P results and all other paperwork in my favor? I'd hate to join AMA if i may be weeks away ( I Know no one knows for certain)  from a decision. What is your advice or experience with this? Thanks for your time. 

Just to answer your direct question, I would expect most posters will suggest you stay the course. You have gone a long way; jumping ships might not be a good idea. Stay where you are.

I am in a similar case with an NOD that is legacy.  I have been tempted to jump to the AMA but recently I have changed my mind.  I filed a fully developed claim in February and have just been scheduled for a C&P in the AMA.  I am not too impressed with the speed that this is moving.

I noticed on Myhealthevet, I cannot type in a doctor's name. I can only choose from a pre-determined list of choices.
Make sure you did not save the message as draft.
Check the "sent" folder to see if it was actually sent.
When I go to Blue Button and download my progress notes, I can see my letter to them and their responses (like in "inbox", but with additional metadata/details.

Being in Buck's position is to be given the benefit of SMC S. VA is increasingly trying to do the "combined" technique of using everything you have to get to 100%. 

(Authority: 38 U.S.C. 1114(p))
 
(4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above.
 
Does the Bold print above  mean that a TDIU will not be used for purposes of a step increase for L ratings Aid and Attendance
I know that Bradley v Peak determined that a TDIU and additonal 60% rating is allowable for SMC S Housebound 
But it appears to me that TDIU cannot be used in SMC L for step increase to M   am I correct in this....?

That's a good idea GeekySquid...
 

Well, there goes away another 2 million the VA will not have to treat veterans.  Of course if they would have treated this guy they would not have lost the money.

Really unbelievable.