vetquest

There is no harm in requesting P&T. It will probably trigger several C&P's. I am just curious why you want to apply for P&T though. You sound like you will get P&T in 2020 unless your conditions improve, which we all know will probably not happen.

Never heard of this happening myself. This sounds interesting, keep us posted.

I feel your pain sir. I believe the Portland VA is probably one of the most incompetently run. Spent ten years in Portland myself. I would try speaking to the patient advocate and if that does not work write your congressman or senator. I was black listed at the Portland VA after telling a doctor I was going to make him feel my pain after he asked me three times to describe my pain and then telling me each time I was not describing pain correctly in a very condescending way. Good luck and I hope it works out for you.

VSO's are not properly trained. Many do not know all of the regulations having to deal with the VA. When my VSO dropped the ball and forgot to file a form 9 on my case he said my case was done in that it was over a year and I no longer could appeal. I went to other organizations and they all told me the same. I started researching veterans law and found that ten years ago any objection could be considered a form 9. As I had filed a disagreement in writing in letter form I was able to prevail but I had to do this all on my own. Several years later, once I had received IU my lawyer was ready to drop my case. I pushed ahead and got 100%. You must always look out for yourself, with the exception of Asknod you are on your own most of the time.

I would say file the nod and note that you were denied IU for non SC disabilities but they were not specified. If they deny you they have to state the reason.

would appeal now. That gets you a docket number and lessens the wait you will have for the BVA. Remember, appeals now take years and the sooner the better. The VA will lowball you sometimes and it takes the BVA to get your correct rating. I would definitely also apply for the damage done to the leg when they removed ligaments. It is best to read your decision very carefully and see where they might have erred and then use this in the appeal. You may be interested in getting an IMO from a friendly civilian doctor who understands VA terminology if you can.

If there was a coding error and it has been corrected it should become effecitive in your next months' check. I had the same thing happen to me several years ago and once the V.A. was notified they corrected the error and I got my updated pay the next month. But, we all know the V.A. and they might just find a way to muck this all up.

Max87 Getting what I need now. Hopefully you can also find what you need. It's ridiculous that they would give you a warning message. I was once flagged, they never told me, just had a psychiatrist at all of my appointments and occasionally had VA police outside to. Thanks, vetquest

Thanks Buck, I have been dealing with this for over twenty years and it has become impossible the past ten.

I think it depends on the doctor. Ten years ago the VA cut me off of Ativan and I had to go to a private doctor.

Maybe I should seek this rating. Been slowly becoming ineffective until totally ineffective. I know nothing about injections.

Broncovet has some very good advice. Do not do what the DAV told you to do. They can spot a fake as they do this so much. If you are so inclined you could start a pain diary and bring that with you to the examination.

Documentation is the veteran's friend. If you can get your doctors to fill these out then by all means do. Might I suggest you start a headache diary. There are many available on the internet, they give your doctor a visual representation of your headaches, I used them for mine when I lost my job due to headaches and the mental acuity lost over the medications prescribed.

If you think that your case needs appeal please do. Too many times we are told not to appeal our cases but the BVA appears to be more of a friend to veterans than the RO's.

Sorry about getting all fired up. If you have other conditions that are viable please request an increase. And also apply for SSDI. Is it ego that you wish to work, yes and no. We all want to be seen as contributing to society. Just remember that you gave service to your country and are now paying the price. Your service was the price of admission into a club that none of us wants to belong to.

Please check the following sites. https://www.veteranslawblog.org/how-a-single-va-form-21-8940-can-change-your-tdiu-claim/

I think we need to look at ASKNOD's method of reporting 290% disability. If you are not on SMC and 100% scheduler it overrides IU. If you have SMC the whole story changes. In Bradley v Peake 22 vet app 280 (2008) it was noted that a veteran receiving IU could get SMC if he had one condition that was the result of his IU, the same way a total 100% veteran is eligible for SMC. That is why this case is cited when awarding SMC to IU veterans. They can be less than total and have SMC and still reach 100% scheduler but need to fill out IU forms because they are still IU. The test for not needing IU anymore is that you reach the equivalent of 160%. This means that you have a 100% rating and then have a separate rating of 60% or more before IU becomes mute.

A reference that may help is https://ptsdlawyers.com/blog/bradley-v-peake-housebound-rate-160-percent/

Buck, check your decision letter where you were awarded SMC. If it says your SMC is based on IU being 100% scheduler does not negate IU and you are still required to fill out the forms.

You do not have to submit this evidence to the VA. Especially if there is contemporary medical literature that states you will not always come up positive while testing. I believe in telling the truth when dealing with my claims. If the VA says you have it and you know that is true I would sit tight with the information. There must have been medical evidence that you had the condition when you were diagnosed.

Yes, moving can be difficult. I want to move back to Idaho but I have kids here and all of my doctors. That is something you have to think about when thinking about moving. Can I get the same medical care where I am looking to move to? Unfortunately having a major disability we have to consider this too.

Yes, the grant takes some time, especially if you are receiving more than 100K. Now is the time to get a hobby and think about anything but waiting for the grant. It makes it so much longer if you check every day, ask anyone here who has received their grant. Congratulations and good luck.

Neuropathy can be rated for the individual extremities. I have a rating for each arm and leg, four separate ratings.

There is no guessing on what the VA has decided. Please relax and wait for the BBE. You have waited this long and I know you want to know but the VA works on their own time.

Congratulations.