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30percentermovingup
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Posts posted by 30percentermovingup
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Just now, pacmanx1 said:
Earlier Effective Date.
Thank you.
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30 minutes ago, pacmanx1 said:
All disagreements are taking longer and longer and who knows when the VA will get to your appeal. The crazy thing is that I filed a claim for an EED and was told the VA would catch it and award my correct effective date. The VA even sent me to a C & P exam where I was given a favorable medical opinion that supported my request for a corrected effective date.
The VA completely ignored this evidence and denied my claim. I was told if I filed a supplemental appeal the VA would definitely correct my effective date by a senior VA Representative but when it came down to my decision, the VA once again denied my request and I was told that an HLR review would surely catch the mistake and award my benefits. I decided to file an appeal to the BVA. Yes, they are taking longer but at least I think I will get a better answer. Why wait six months to a year for the VA to get it wrong then wait another six months to a year for the HLR to get it wrong. I just decided that it would probably be better to get a BVA decision.
Can I ask what a EED is? Thanks.
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21 minutes ago, broncovet said:
Well, no one can tell you how long it takes, but anyone can guess. One way to speed up getting your MEDICAL file, is to go to your local VAMC "release of records" and request it. My VAMC will release a few pages NOW, but it takes a couple weeks to print your entire file. "Perhaps" you MIGHT be able to get it electronically, ask them. It could save them reams of paper.
Real reason I am concerned is someone said it took them over a year and my NOD is only good for one lol.
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I did that in Fort Worth once and I got like 20 pages and 8 weeks later not much else. They never did give me my whole file.
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Okay got the Nod sent off, and did the new claims. I also requested my CFile. Does anyone know how long that takes. I am sure forever.
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27 minutes ago, El Train said:
Ah, ok. When you fill out the NOD form, I'd go through the DBQ exam with a fine tooth comb. Point out where you disagree with the examiners assessment. Point to medical evidence you have in on file where they got it wrong. You have up to a year (from when you filed, I believe) to file the NOD. Don't rush in filing because it will start the process and you might not have time to gather additional evidence if they request another C&P exam.
I'd take a deep breath and don't rush stuff. It's a marathon, not a race. You don't want to get stuck in the appeals process for years. I avoided this route by disagreeing, gather more evidence, then file the NOD at the last minute if need be. Good luck to you.
Haven't sent the nod in yet but here it is and what I put. I only disagree because he eyeballed and told me he was supposed to go past the point of pain. Thank you for any help.
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1 hour ago, El Train said:
Have you got your decision yet? Have you read the C&P exam? I mean I've had C&P exams I felt went bad, turn out in my favor. And vice versa.
Yes I won everything but a lot were zeros. I am still trying to figure out how to find the evidence and get it in.
I don't understand how I could get zero's with pain and not full range of motion. I mean the arthritis alone should give me a minimum of 10 percent. -
2 hours ago, pacmanx1 said:
Not to cause any more confusion but do you want to file an NOD/Appeal at this time or do you want to try to request a new C & P exam with a different examiner. There is a major difference. As Bronco stated, you would use the above forms to file an Appeal/NOD. Those are taking anywhere between six to eighteen months after a decision is made. You can try to file a statement in support of your claim by trying to dispute the C & P exam or the examiner. Not saying that it will work but if it does these are taking anywhere from few months to a year prior to a decision being made. I know it is a tossup but based on your OP (ORIGINAL POST) it is possible. If a decision is already made, you will have to file an NOD/Appeal.
I was outside with the dogs and couldn't see your post well, so is all I have to is submit the Nod then. I see you wrote this "If a decision is already made, you will have to file an NOD/Appeal"
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2 hours ago, pacmanx1 said:
Not to cause any more confusion but do you want to file an NOD/Appeal at this time or do you want to try to request a new C & P exam with a different examiner. There is a major difference. As Bronco stated, you would use the above forms to file an Appeal/NOD. Those are taking anywhere between six to eighteen months after a decision is made. You can try to file a statement in support of your claim by trying to dispute the C & P exam or the examiner. Not saying that it will work but if it does these are taking anywhere from few months to a year prior to a decision being made. I know it is a tossup but based on your OP (ORIGINAL POST) it is possible. If a decision is already made, you will have to file an NOD/Appeal.
The only one confused is me. I know I do not make things easy to understand. The simple fact is I have the nod and I have it ready to send in. The only thing I want to know is how do I contest the examiners measuring and get a new medical. What form do I need for that? What is the best way to do that. I am not worried about winning. Because I know that he pushed me past pain and he didn't use one of those glenometers or whatever it's called. Thank you
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1 hour ago, Andyman73 said:
ABSOLUTELY NOT!!!!! Firstly you aren't supposed to go past the point of pain, your disability starts where the pain starts. Secondly, if they help, then they are intentionally setting you up for a lower possible rating. Your best option would be to go to patient advocate and request a new exam with a new examiner.
I am going for an increase to all the 10 percent and then these weren't even over 0%. Like I said I am no expert but pain seems to qualify to me and it's all moderate to severe.
Service connection for right knee degenerative arthritis, other than
post-traumatic is granted with an evaluation of 20 percent effective
September 22, 2022.
Service connection for left ankle lateral collateral ligament sprain is
granted with an evaluation of 10 percent effective September 22,
2022.
Service connection for left hip osteoarthritis is granted with an
evaluation of 10 percent effective September 22, 2022.
Service connection for left knee degenerative arthritis, other than
post-traumatic is granted with an evaluation of 10 percent effective
September 22, 2022.
Service connection for right ankle lateral collateral ligament sprain
is granted with an evaluation of 10 percent effective September 22,
2022.
Service connection for right hip osteoarthritis is granted with an
evaluation of 10 percent effective September 22, 2022.
Service connection for left hip osteoarthritis extension is granted
with an evaluation of 0 percent effective September 22, 2022.
Service connection for left hip osteoarthritis flexion is granted with
an evaluation of 0 percent effective September 22, 2022.
Service connection for right hip osteoarthritis extension is granted
with an evaluation of 0 percent effective September 22, 2022.
Service connection for right hip osteoarthritis flexion is granted
with an evaluation of 0 percent effective September 22, 2022. -
1 hour ago, Andyman73 said:
ABSOLUTELY NOT!!!!! Firstly you aren't supposed to go past the point of pain, your disability starts where the pain starts. Secondly, if they help, then they are intentionally setting you up for a lower possible rating. Your best option would be to go to patient advocate and request a new exam with a new examiner.
Well I am in the process, if not for that, they didn't use one of those Goniometer the reason I am going for it though is I got most of what I wanted, but I also got a lot of 0's. I have moderate to severe pain in all my lower joints. I thought pain accounted for something. After he got done with me I couldnt even walk for a week. Sorry can't figure out how to change this to regular text after coping and pasting.
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Hi, just wondering are they supposed to assist with ROM and push you past the point of pain during the medical evaluation for VA Disability? Thank you.
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2 hours ago, 30percentermovingup said:
Okay so I have these three forms plus th Nod, I would imagine it would be 0995 to get another medical review although I have no new evidence just want the medical examination with proper measurements, but then I am looking at 0996 so don't know which one to submit.
VA Form 20-0995, Decision Review Request: Supplemental Claim
VA Form 20-0996, Decision Review Request: Higher-Level Review
VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement)Don't need any buddy statements. All I need is to figure out which form to get a second medical evaluation where they actually measure my ROM. Thanks though.
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Okay so I have these three forms plus th Nod, I would imagine it would be 0995 to get another medical review although I have no new evidence just want the medical examination with proper measurements, but then I am looking at 0996 so don't know which one to submit.
VA Form 20-0995, Decision Review Request: Supplemental Claim
VA Form 20-0996, Decision Review Request: Higher-Level Review
VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) -
I was going to send my nod in, so today the va kept changing forms on me when I asked where to send it. I don't even care about the NOD.
Here is what I need. I need to say I need a review on this because he just eyeballed my Range of Motion. I do not agree with a 80 old doctors eyesight. How do or what form do I need to do and where to send. I want another evaluation if possible. Thank you. -
You know how you go to a post and it never shows the ending lol. Don't you hate that?
Okay I am sending my nod in, I would of had it in but I can't find that you can fax it so I will mail it tomorrow.. I should of at least got pain. I am also disagreeing with the medical exam because it was just eyeballed on range of motion. He also pushed me beyond pain, which I am gathering should not happen.
I have sent in my new list of disabilities as well.
Then I need to go to loss of use, hands and feet. I looked at the regulations pretty close and several factors can give you this.
I disagreed with all the 0 disability ratings as I think pain should count.
The new one is lower mid upper back. Sleep apnea, Major Depressive and carpal tunnel.
We will see what happens now.
Don't forget to send a message to your senator and congressman.
VA Disability is a right, SS is a right. They are two distinct different payments and one should NOT be lessened by the other. We are protected but the next round of Vets are not. I am in Texas though, I don't think they would dare vote yes. We lynch em for less than that. I am still sending it in and posting on FB
Have a great day. -
17 minutes ago, Mr cue said:
The VA deny alot of loss of use under Smc benefits with the statement.
There is function remains other than that which would be equally well served by an amputation. With nothing else on The decision.
That isn't how it's done here is the VA manual on how the VA should handle it.
Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity
• rests with the rating activity, and
• cannot be delegated to the examining physician.
c. Information to Request From an Examiner to Determine LOU When requesting an examination to determine LOU of an extremity, ask the examiner to furnish a
• detailed objective description of remaining function
• quantitative assessment of strength for each extremity involved, and
• description of any pain that affects use.
Do not request that the examiner
• determine LOU, or
• express an opinion as to whether there is, or is not, LOU of an extremity or extremities.
Note: If LOU cannot be determined upon review of an examination report, request an appropriate specialized examination.
As far appeals to the cavc if you are not up on cfr court precedent and VA manual
I wouldn't go it alone.
Can It be done yes I have to won remands at the cavc.
I am fight the VA now for loss of use.
They keep stating that the examiner needs to make a opinion on if I have loss of use.
The Rules clearly stated
Do not request that the examiner
• determine LOU, or
• express an opinion as to whether there is, or is not, LOU of an extremity or extremities.
So be on the lookout for this.
And that is why I am going for loss of use last lol. I don't think I could get an attorney to represent me for that though as I will already be at 100 percent by then and there will be no back pay for them to collect.
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1 hour ago, Whodat said:
Look brother. People in the family are right.
You can fight this battle and win. Hadit family is trying to motivate you to stay in the fight. Do not know your recent claim. But if you are in that window, fight that claim.
In the meantime go through your records, keep going to the doc. Do your ITF.
If you keep researching on Hadit, our elders had put out some great info as to where you do not need a lawyer.
I've won every claim submitted. Why would I give up? I am 10 percent away. I am also very lucky, why do I think I won every one without having to appeal? I am a retired nurse with about 6 medical libraries so it is easy to research peer reviewed studies to answer my question. No I still have many more claims to file. My next is all three parts of my back, depression, anxiety, sleep apnea. Then I will move to pelvis, hands and wrists and finally loss of use. Now I will say took me three years to do this claim. I was just too depressed is all. Thank you.
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No I won't get one. I can't on all my new conditions, something about they don't take the case till you lose. Then it really gets dragged out though because they want all the back pay they can get. They connected my feet to my hips. I just have to connect the rest and then go for loss of use.
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22 minutes ago, john999 said:
VA is not giving anything away. Your loss of use is basic the same as an amputation. That is steep. Does VA provide you with a scooter?
They have given me braces for feet and ankles, knees, back, carpal tunnel a cane a walker and a scooter. In fact it's been five years and they are sending my second one as I type. The first one is trash.
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3 hours ago, john999 said:
30%
Do you have complete loss of use hands and feet? That is what is takes for SMC. Ask James here about that. I have 40% rating on feet and hands but no extra money for that. You keep going and don't let anyone discourage you. Things fall into place in time. We don't want to lose the use of our hands and feet but if we do we have a right to compensation.
Quite a few attorneys disagree with that such as this one https://www.hillandponton.com/top-3-questions-on-benefits-for-loss-of-use-of-hands/#:~:text=Do you notice yourself dropping,inability to use one's hands.
The VA defines Loss of Use of Hands for the purpose of special monthly compensation when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below the elbow with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function of the hand and whether the acts of grasping or manipulation of an object are possible. -
15 minutes ago, shrekthetank1 said:
get them in today or you lose another month
Yeah trying to figure out to do it online right now.
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6 minutes ago, shrekthetank1 said:
yes you sure can
Thank goodness, I did not want to wait six months or whatever to do another one.
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Just now, 30percentermovingup said:
As well my decision letter doesn't say anything except I was approved. So it would not help them. They would need to look at the claim file to see examiners reports and such and I do not have that.
I won everything I went for in part because I have a friend who is a research nurse and techinal writer. I gave her all peer reviewed studies on how flat feet effect the rest of the body and she wrote me pretty much a 10 page research paper connecting dots.
Va has me confused.
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Time does not matter, I just want my C-File within a year because the NOD I think only lasts a year. When I was discharged it was medical coded, at that time because they didn't use medical discharge any longer. I knew I could get a minimum of 10 percent when I left. I think I may be stupid but I have always been the person that if you don't need it then leave it alone and let someone else that does need it have it.
So I went almost 30 years without filing. Well now it is to the point where my whole body is about crippled and it is mine and I want it. It also perplexes me to see almost everyone get hung up at 90 percent. It isn't a coincidence, it is planned to save them money. Now this irritates me because I did save them money and now they want to screw me. I do want the 100 percent which I will get on my next set of claims. I only claimed less than half my problems. Hell I can probably get 100 percent just for major depressive episode. I am not giving them the last 10 percent though that they will owe me backpay, yeah only 1500 a month but mine. Plus I need the adaptive housing grant and I want the auto allowance.
I only own 1 VA piece of clothing. Its a shirt I had designed that has some symbols and a statement that reads. I gave some and some gave all. I didn't claim my first free meal till about 2015. I am not one to go around looking for handouts but I'll be damned if I don't fight for my right to what is guaranteed to be mine that I worked for.
Thank you.