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vetquest

Master Chief Petty Officer
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  1. Like
    vetquest reacted to blahsaysme2u in DRO appeal partially granted   
    hey man
    i see no one really responded so i thought i would take a shot at it and try help you out. 
    if you look round in the forum you will see a lot of talk about e-bennies and how inaccurate it is. this goes for updates too man. no one can really say how long. actually i was given a SC for headaches and it never even showed in ebennies( i had to file an review to get it fixed) so dont stress it too much. if its been more than a few weeks since you got your letter, try giving Peggy a call  back and see what she says. 
    as far as back pay, same story my man. some people get their money before they even get their letter, some after. wait for your letters and if nothing shows up for a couple weeks then start waiving those flags at Peggy! 
    i know its frustrating man, specially bc i am sure you have been waiting a while for your win- but just a lil while longer. you have the finish line in sight my friend.
    CONGRATS ON YOUR BIG WIN
  2. Like
    vetquest reacted to awgv001 in Changes to TBI Ratings   
    Crap, the site went down briefly and lost my prior response >_<
    anyways, @blahsaysme2u If you know you warrant the higher rating, and are within 1 year I would send in your disagreement specifically stating that you should have received a higher rating because...."X"
    Filing for an increase will forfeit your EED and if it bumps you into the 100% could also be $10K+
    As for HLR - I never recommend a route that doesn't allow the opportunity to present new evidence, it only seems like a possible roadblock to me.
  3. Like
    vetquest got a reaction from ShrekTheTank in Supplemental Claim - Spine   
    One thing that you never want to do in a claim is point out that the VA has not done their job.  It just gets them mad at you and the VA can really mess up your day if they are mad at you.  I believe that all you should have to do is tell the truth and then your claim should be approved but it does not happen that way.  There is another veterans board frequented by former VA employees and they will really tear into you if you fault the VA.  Imagine what they would do if they were still in the employ of the VA.
  4. Like
    vetquest got a reaction from Foxhound6 in Supplemental Claim - Spine   
    My claim for TDIU took ten years as the VA made mistake after unforgivable mistake with two trips and two remands from the BVA.  I know where you are coming from.
  5. Like
    vetquest reacted to Foxhound6 in Supplemental Claim - Spine   
    @vetquest Point taken. I just find it infuriating for them to miss so many things, so often. No worries then. For now, I will point out the error in their decision as it is and add more continuity of claim based on STR's. Paint more of the picture, as it were.
  6. Thanks
    vetquest got a reaction from Foxhound6 in Supplemental Claim - Spine   
    One thing that you never want to do in a claim is point out that the VA has not done their job.  It just gets them mad at you and the VA can really mess up your day if they are mad at you.  I believe that all you should have to do is tell the truth and then your claim should be approved but it does not happen that way.  There is another veterans board frequented by former VA employees and they will really tear into you if you fault the VA.  Imagine what they would do if they were still in the employ of the VA.
  7. Like
    vetquest got a reaction from ShrekTheTank in Possible ebenefits pattern   
    This might mean that your case is decided but do not believe in ebennifits.  If you have a VSO contact them Monday, otherwise I would call the 1-800 number and see what they say.  If you are really nice to them sometimes they tell you more than usual.
  8. Like
    vetquest got a reaction from Oceanbound in Finally 100 P&T!   
    Welcome to the club none of us ever wants to belong to.
  9. Like
    vetquest got a reaction from Holllie Greene in Finally 100 P&T!   
    Welcome to the club none of us ever wants to belong to.
  10. Like
    vetquest reacted to awgv001 in Possible ebenefits pattern   
    I haven't had a hearing yet! Its kinda fun to play around with the idea that maybe since evidence was submitted with the 10182 they may have kicked it back to the RO in which case, after a quick glance they may have realized "Oh no, we done goofed up big this time!"

  11. Like
    vetquest got a reaction from awgv001 in Finally 100 P&T!   
    Welcome to the club none of us ever wants to belong to.
  12. Like
    vetquest reacted to brokensoldier244th in Delayed January 2020 pay   
    You can call on a weekend they have an automated line to.tell you if your deposIt was sent. Make sure your direct deposit info is still the same in ebenefits and that you can login, otherwise someone MAY have guessed your password and username.
     
    Call your bank too. Sometimes Banks sit on direct deposits and they aren't required to notify you when they do.
  13. Thanks
    vetquest got a reaction from broncovet in Psychiatric IME in New York?   
    Try these sites.
    http://www.independentmedicalexaminer.com/
    https://www.imenet.com/
  14. Like
    vetquest reacted to pacmanx1 in Filing for increase without IU?   
    IMHO, 100% scheduler vs. 100% TDIU actually pays the veteran the same benefits.  A 100% scheduler veteran can legally work and make all the money he/she wants. Be forewarned that VA could still try to re-evaluate you.  A 100% TDIU veteran can only work in some type of sheltered environment (family business) or very, very low income but VA could still try to re-evaluate you.  To me the higher rating is the 100% scheduler.  I thinking that you may have multiple disabilities that your overall rating would be 100% compared to just one disability.  Others may chime in but it is your call.  Do your research and find out which is best for you.  Now if you get P & T (Permanent And Totally) which you can get with both scheduler and TDIU, VA will most likely not try to re-evaluate you.  Most likely doesn't mean they (VA) won't try. I have seen VA to some really bad things.
  15. Like
    vetquest reacted to pacmanx1 in CUE Update   
    From one veteran to another my best advice is try your best to stay healthy ( HA, HA, HA), never give up the fight.  Take your claim all the way to CAVC and try to outlive your claim.  Sorry to say really not joking, one thing or another is going to take us out of this world so if you feel your claim is worth it then fight, fight, fight and if you pass stick your hand out of the grave and give your dependents evidence they need to fight. 
    Yes, sorry again feeling jaded about the VA system and what they do to veterans.  They hire and pay more and more employees and pay them instead of paying veterans. 
  16. Like
    vetquest reacted to tk3000 in Moving overseas   
    vetquest, thanks for sharing and for your kind words!
  17. Like
    vetquest got a reaction from ShrekTheTank in Ptsd combat stress related   
    Good advice by all but I am going to say that I would not get the IMO right now.  Get DBQ's from your doctors if they are willing and file for PTSD increase and TDIU now.  See what your C&P's say about your condition before investing in an IMO.  You may not need one and get approved without it.  If you are denied then get an IMO and appeal.  I say this because they are expensive and may not be required.  Also if you get an IMO and head to the BVA you are much more assured of a victory without allowing the VA to muddy the waters of your IMO.
  18. Like
    vetquest got a reaction from GBArmy in Moving overseas   
    tk3000, while what you are doing seems a little extreme to me, I traveled extensively when younger and now no longer want to leave the US, you must do what is right for you.  Good job on learning the language and good luck with your endeavors.  We will still be there if you need anything and you can always contact us.
  19. Like
    vetquest got a reaction from Ssgrich in Ptsd combat stress related   
    Good advice by all but I am going to say that I would not get the IMO right now.  Get DBQ's from your doctors if they are willing and file for PTSD increase and TDIU now.  See what your C&P's say about your condition before investing in an IMO.  You may not need one and get approved without it.  If you are denied then get an IMO and appeal.  I say this because they are expensive and may not be required.  Also if you get an IMO and head to the BVA you are much more assured of a victory without allowing the VA to muddy the waters of your IMO.
  20. Like
    vetquest got a reaction from Vync in Changes to TBI Ratings   
    Wow, that's a lot of information to digest.  It looks like the VA is taking TBI seriously.
  21. Like
    vetquest got a reaction from awgv001 in Changes to TBI Ratings   
    Wow, that's a lot of information to digest.  It looks like the VA is taking TBI seriously.
  22. Like
    vetquest reacted to ShrekTheTank in Ptsd combat stress related   
    From what you are saying I would say to file for TDUI and increase in PTSD.  Now if they go to scheduler and you get 100% you would not need the TDUI, but they would figure that out.  I would look up what you need for to submit for TDUI and make sure it is in there for the increase.  I would also file today as if you do not you will miss a month.  
  23. Like
    vetquest reacted to awgv001 in Changes to TBI Ratings   
    CHANGE TO TBI RATING SUPPLEMENTARY INFORMATION:
    This document proposes to amend VA adjudication regulations (38 CFR Part 3) by revising 38 CFR 3.310 to add five diagnosable illnesses as secondary conditions which shall be held to be the proximate result of service-connected TBI.   Scientific Bases for This Rulemaking
    In the National Academy of Science IOM Report, Gulf War and Health Volume 7: Long-Term Consequences of Traumatic Brain Injury, the IOM concluded there was “sufficient evidence of a causal relationship” (the IOM's highest evidentiary standard) between moderate or severe levels of TBI and diagnosed unprovoked seizures. The IOM found “sufficient evidence of an association” between moderate or severe levels of TBI and parkinsonism; dementias (which VA understands to include presenile dementia of the Alzheimer type and post-traumatic dementia); depression (which also was associated with mild TBI); and diseases of hormone deficiency that may result from hypothalamo-pituitary changes.   The medical literature that IOM reviewed included two primary studies and one secondary study on TBI and parkinsonism. One primary study involved 196 Parkinson's patients living in Olmstead County, Minnesota, and the second involved 93 pairs of male twins who were veterans from World War II. The secondary study involved 140 civilian Parkinson's patients in Boston, Massachusetts, who had suffered a TBI severe enough to cause loss of consciousness, blurred or double vision, dizziness, seizures, or memory loss. These three studies support a link between moderate or severe TBI and parkinsonism.   Medical literature supports a link between TBI and the two types of dementias listed above (presenile dementia of the Alzheimer type and post-traumatic dementia). Reported cases show that individuals with TBI often are diagnosed with dementia at ages younger than their early 50s and within 15 years of their injuries. As classic Alzheimer's disease strikes sufferers much later in life, the dementias suffered by TBI victims are unlikely to be classic Alzheimer's dementias. Classic Alzheimer's disease is the most common of many types of dementia that occur in older adults. It is difficult to conclude that Alzheimer's occurring at ages in the 60s or 70s is related to a distant TBI.   The IOM reviewed 4 primary studies of civilians and of troops serving in World War II and the current conflict in Iraq and five secondary studies of mood disorders including major depression. The primary studies generally supported an association between mild, moderate, or severe TBI and major depression within the first twelve months after the injury. Current research does not provide significant evidence to support association more than 12 months following mild TBI. Moderate or severe TBI appears to cause an elevated risk for depression (up to 50% in some research) for at least the first 3 years.   The IOM reviewed five studies on TBI and hypopituitarism, and five studies on TBI and growth hormone insufficiency. The studies generally showed increased risk of those conditions developing within months after a moderate or severe TBI and, although the effects in many cases were acute and eventually resolved, some long-term effects were observed. The medical literature reviewed by IOM supports a link between TBI and diseases of hormone deficiency resulting from hypothalamo-pituitary changes, when the disease manifests within 12 months of a moderate or severe TBI. The presence of other peripherally-mediated endocrinologic disorders (including, but not limited to diabetes mellitus) has no association with TBI.   After careful review of the findings of the NAS Report, Gulf War and Health Volume 7, the Secretary of Veterans Affairs has determined that the scientific evidence present in the NAS Report, Gulf War and Health Volume 7 and other information available to the Secretary indicates that a revision to VA regulations to add the five diagnosable illnesses as secondary conditions is warranted. The five diagnosable illnesses to be added are the following: (1) Parkinsonism following moderate or severe TBI; (2) unprovoked seizures following moderate or severe TBI; (3) dementias (to include presenile dementia of the Alzheimer type and post-traumatic dementia) within 15 years of moderate or severe TBI; (4) depression, if manifest within 3 years of moderate or severe TBI or within 12 months of mild TBI; and (5) diseases of hormone deficiency that result from hypothalamo-pituitary changes manifest within 12 months of moderate or severe TBI.   Section 501(a) of title 38, U.S. Code, establishes the Secretary of Veterans Affairs' general rulemaking authority to prescribe all rules and regulations which are necessary or appropriate to carry out the laws administered by VA. Based on VA's analysis of the scientific evidence discussed in the IOM report as well as the IOM's finding of sufficient evidence of relationships between specific levels of TBI and certain diagnosable illnesses, and all other information available to the Secretary, we propose to amend 38 CFR 3.310 in order to incorporate five diagnosable illnesses as secondary conditions that are the proximate result of service-connected TBI.   The IOM also found associations between TBI and certain behavioral and social problems. These include diminished social relationships, aggressive behaviors, long-term unemployment, and premature death. Under 38 U.S.C. 1110, VA may only grant service connection “[f]or disability resulting from personal injury suffered or disease contracted in line of duty * * *”. Similarly, § 1310(a) states, “When any veteran dies * * * from a service-connected or compensable disability, the Secretary shall pay dependency and indemnity compensation to such veteran's surviving spouse, children, and parents.” VA does not believe it is necessary to establish new presumptions of service connection for these effects because they are not distinct physical or mental “disabilities” for VA compensation purposes. However, the behavioral, social, and occupational effects of TBI and related service-connected conditions may be considered in evaluating the severity of those conditions for compensation purposes as provided in provisions of VA's rating schedule.   In relevant part, § 3.310(a) states: “[A] disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.” We propose to revise § 3.310 by adding a new subsection (d)(1) that lists five diagnosable illnesses as secondary conditions that shall be held to be proximate results of service-connected TBI.   VA recognizes that not all those who suffer a TBI during military service seek immediate medical assistance and receive a medical assessment of the severity of the TBI. Therefore, proposed paragraph (d)(2) will clarify that neither severity levels nor time limits for manifesting secondary conditions as proximate causes of service-connected TBI shall preclude a veteran from establishing direct service connection under the generally applicable principles of service connection in 38 CFR 3.303 and 3.304.   Determination of the Severity of a TBI
    VA and the Department of Defense have established a joint set of factors and criteria for classifying a TBI as mild, moderate, or severe. The factors and criteria were created by a team of physicians from VA and the Department of Defense who are experts on diagnosing and treating TBI. The factors are structural imaging (such as functional magnetic resonance imaging, diffusion tensor imaging, positron emission tomography (PET) scanning), duration of alteration of consciousness/mental state, duration of loss of consciousness, duration of post-traumatic amnesia, and score on the Glasgow Coma Scale. See Memorandum by Asst. Secretary of Defense for Health Affairs, “Traumatic Brain Injury: Definition and Reporting,” October 1, 2007. See also Compensation & Pension Service Training Letter 09-01, January 21, 2009. We propose to include these severity criteria as a table in § 3.310(d)(3)(i). We also propose to explain in paragraph (d)(3)(ii) that the determination of the severity level is based on the TBI symptoms at the time of injury or shortly thereafter, rather than the current level of functioning. This provision is consistent with established medical principles for assessing the severity of TBI. See Memorandum by Asst. Secretary of Defense for Health Affairs, “Traumatic Brain Injury: Definition and Reporting,” October 1, 2007. See also Compensation & Pension Service Training Letter 09-01, January 21, 2009.   Some veterans may not meet all of the criteria within a particular severity level or may not have been examined for all the factors. We believe the simplest, most efficient, and fairest way to rank such veterans is to apply two rules: (1) VA will not require that a TBI meet all the criteria listed under a certain severity level to classify the TBI under that severity level; and (2) If a TBI meets the criteria relating to loss of consciousness, post-traumatic amnesia, or Glasgow Coma Scale in more than one severity level, then VA will rank the TBI at the highest of those levels. We propose to include these rules in paragraph (d)(3)(ii).   In some cases, it may not be clinically possible to determine the severity of a TBI (e.g., because of a lack of medical records contemporaneous with the injury or medical complications (e.g., medically induced coma)). In such cases, § 3.310(d) would not apply and the veteran's claim would be processed under § 3.310(a) which states that “disability which is proximately due to or the result of a service-connected disease or injury shall be service connected.”
  24. Like
    vetquest reacted to FormerMember in VBMS   
    I get asked by Vets what VBMS looks like and what we can see. The truth is we can see quite a bit. We can see about a week ahead when your claim is getting ready to be granted. Often we can see the denial brewing by the little blue symbols that look like a judge's gavel beside important documents.  Well, here's a peek at our new Windows 10 version that came out several weeks ago. Of course, I woke up January 15th and realized I had no idea how to get in. I had to call IT for help. VA contracts out to an outfit called the Enterprise Service Desk. The babe who answered had no idea what to do either. Nobody had briefed her in yet. I finally stumbled through it until I got in. Anyway, just for the experience, I thought i would share it with you fellow members. 
    https://asknod.org/2020/01/27/va-the-new-vbms-users-primer/
     
  25. Like
    vetquest got a reaction from Holllie Greene in VBMS   
    I agree with Buck, we should all have access to VBMS.  My status is still set to not let my VSO into my VBMS though.  Even if they let us have access we probably would not have access due to the security levels set.
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