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vetquest

Master Chief Petty Officer
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  1. Like
    vetquest got a reaction from LanceJoseph in SMC-S, Returning to work Question   
    This is where you need to be careful.  Returning back to work will have an effect on your SMC, you need to separate that out from your other payments and hold onto it.  Many people have argued this fact but it stands that you can receive SMC if one TDIU condition is considered to be the reason you are unemployable and you have 60 percent otherwise.  When you go to scheduler your IU is not moot and you go back to work you lose your SMC and therefore it has a bearing on your compensation.  
  2. Like
    vetquest got a reaction from awgv001 in SMC-S, Returning to work Question   
    This is where you need to be careful.  Returning back to work will have an effect on your SMC, you need to separate that out from your other payments and hold onto it.  Many people have argued this fact but it stands that you can receive SMC if one TDIU condition is considered to be the reason you are unemployable and you have 60 percent otherwise.  When you go to scheduler your IU is not moot and you go back to work you lose your SMC and therefore it has a bearing on your compensation.  
  3. Like
    vetquest got a reaction from Vync in I had some re-exams recently...   
    I will say this examiner is way out of bounds.  You have the right to see the examination results.  It might not show up on your myhealth, especially if it is a contracted exam.  I would wait two weeks and file a FIOA request at your VA release of information office.  I would make sure that I acquire the results because this is usually a red flag when an examiner says you do not have the right to see exam results.  Keep us apprised.
  4. Like
    vetquest got a reaction from awgv001 in SMC-S, Returning to work Question   
    Your IU may not be moot after getting scheduler.  Your IU might be used to calculate your SMC.  If you are disabled and entitled to IU due to one condition then you can qualify for SMC without have a single 100% scheduler condition.  If you return to work under this situation you lose your SMC.  Depending on the circumstances, how long and why you were on TDIU the VA may take a dim view of you returning to work.  I am in such a position.  I am 100% scheduler and IU for a single condition and receiving SMC.  I just came off of a medication and might be able to work and might not.  I would never know until I tried.  The only thing holding me back right now is that my education is stale and I would need to retrained at sixty before returning to my old field.  My skills are skills that become outdated.  
  5. Like
    vetquest got a reaction from LanceJoseph in SMC-S, Returning to work Question   
    Your IU may not be moot after getting scheduler.  Your IU might be used to calculate your SMC.  If you are disabled and entitled to IU due to one condition then you can qualify for SMC without have a single 100% scheduler condition.  If you return to work under this situation you lose your SMC.  Depending on the circumstances, how long and why you were on TDIU the VA may take a dim view of you returning to work.  I am in such a position.  I am 100% scheduler and IU for a single condition and receiving SMC.  I just came off of a medication and might be able to work and might not.  I would never know until I tried.  The only thing holding me back right now is that my education is stale and I would need to retrained at sixty before returning to my old field.  My skills are skills that become outdated.  
  6. Like
    vetquest reacted to awgv001 in SMC-S, Returning to work Question   
    When/if you return to work, the VA will more than likely want to review what contention/rating you are IU for, and then attempt to downgrade it because you are working.
    If your work is not considered "gainful employment" (less than a certain amount per year) or is a sheltered environment tailored to your needs, then perhaps it won't be revisited.
    If you no longer are eligible for the 60% rule, and are being compensated for SMC-S, I would separate the amount of SMC into savings and not touch it, until an adjustment/correction is made. Be sure to document your correspondence and attempts to communicate the error with the VA. "C.Y.A."
    They won't regard SMC as "overpayment" otherwise, unless the argument regarding your claims is - fraud. Then yes, they will attempt to recover anything you stood to gain because of said fraud.
    I'm not saying this is your case, but that it has obviously happened in the past.
  7. Like
    vetquest got a reaction from pacmanx1 in Back pay timeframe after winning appeal?   
    As for how long it takes, it is a crapshoot.  I had a ED fully developed claim under the AMA that took 13 months.  It depends on the complexity, RO, work que, and how the rater is feeling on a given day.  If it is a BVA remand they are most likely holding up backpay until the remand is done, they are not supposed to but they get away with it so they do.  The VA is not your friend and cares only about their appearances.  Yes, if you can find a congressman interested it might help but not always.
  8. Like
    vetquest got a reaction from GBArmy in Office chair for back and sciatica both SC.   
    I would recommend you visit the prosthetics office to speak to them about a chair.  They have monies to help veterans to buy items that are used to accomplish daily life.  If they are not the one's to speak to they should be able to tell you who you need to speak to.  Good luck.
  9. Like
    vetquest reacted to GBArmy in Surgery restrictions   
    Dino  Good advise offered here. I would agree this is serious stuff as Buck said; do some background checks on the VA surgeon that you consult with. Find out how long he has been doing surgery, if he has an outside business and history you can look up. You don't have to use that particular surgeon if you have a problem with his past performance. And, it may be possible to get some temp extra comp by way of SMC while you recover; good advise from Buck on that, as well (as usual!)
  10. Thanks
    vetquest got a reaction from Mr Anxiety in Supplemental w/ all evidence   
    You will most likely not see it in ebennies/VA.gov until it is uploaded.  I will not say never because the VA constantly comes up with new ways to amaze us.  I cannot say how long a Fully developed claim takes,  mine took ten months from the time it was posted until it was done.  I have heard of others being done in a few weeks.  With the VA we can never tell what they will do and how quickly.  Sorry I cannot be more specific.
  11. Like
    vetquest reacted to pacmanx1 in C&P Dr Recommendation vs Rater   
    Great advice above, as stated as above know one knows or can tell what VA will do until it is written in ink and you have your decision letter.  Yes, the bottom line is that the VARO will actually make the decision on what your rating will be.  Try not to be concern too much about the VARO reducing your current rating.  In most cases you will get an increase, in some cases you could either get TDIU or even 100% scheduler for PTSD.  There are times when a veteran's mental health precludes him/her from working. It really depends on your symptoms.  Just know that if the VARO rates you as 100% PTSD, they may try to say that you are incompetent to handle your own funds.  I have seen this several times.  I am just guessing because you stated that several doctors in various clinics stated "You have long term chronic and severe PTSD".   Even though it has not been 30 days you can also check my healthy vet. and try to pull up your exam.  Just don't try to do it every hour to every day.  Keep in mind because it is a mental health exam it may or may not be loaded in the system.  Take a deep breath it is almost over. Good luck
  12. Like
    vetquest got a reaction from GBArmy in PTSD   
    @JessacaAs stated earlier the mental disabilities are rated only once.  I have PTSD and depression but have one rating.  That is the way the VA plays.  Yes, the VA will most likely low ball your rating on the first time out unless it is TBI.  Once you have your rating you are allowed to file an HLR without additional evidence or a supplemental with more evidence.  If you lose there you can go to the BVA for relief but I am getting ahead of myself.  Wait until you have your decision and you can redact it and post it here and advice will be given.
     
  13. Like
    vetquest got a reaction from GBArmy in C&P Dr Recommendation vs Rater   
    I have to go with awgv001's advice to get a hobby.  You will drive yourself crazy trying to figure out what the VA will do in a given instance.  Most rating doctors are honest about what they are going to recommend.  Even the doctor that tried to mess up my health record was honest that he was going to try and mess me over.  Only time will tell which way the VA rater is going to go on your doctor's recommendation.  Some people's claims go very smoothly and others seem to take an act of congress.  Good luck and try not to obsess on your claim.  
  14. Thanks
    vetquest got a reaction from Jash in C&P Dr Recommendation vs Rater   
    I have to go with awgv001's advice to get a hobby.  You will drive yourself crazy trying to figure out what the VA will do in a given instance.  Most rating doctors are honest about what they are going to recommend.  Even the doctor that tried to mess up my health record was honest that he was going to try and mess me over.  Only time will tell which way the VA rater is going to go on your doctor's recommendation.  Some people's claims go very smoothly and others seem to take an act of congress.  Good luck and try not to obsess on your claim.  
  15. Like
    vetquest reacted to GBArmy in EIC   
    Respond179 The easiest reply is "because they want to."  Why speculate, seriously? This is the VA. If you read up here you will see that we need to follow the law and the regulations, but although  the VA does too, they only sorta, kinda do. In other words, they just do things that seem totally arbitrary to us. The only thing we can do is wait for what they have decided comes to us IN WRITING. Wait for the letter to show up. When it does,then you respond. You have tor relax a little; this is going to take months to complete. 
  16. Like
    vetquest reacted to awgv001 in C&P Dr Recommendation vs Rater   
    Your answer is, your guess is about as good as ours.
    The VA raters are supposed to go with the recommendations provided by the C&P. As for the weight of evidence, typically the more detail something has, the more definitive it is, and gives less wiggle room to speculation and misinterpretation. You'll be able to review your C&P, and you'll also be receiving an award letter that elaborates on any benefits, or denials.
    Until then, I would suggest finding a hobby you find peace with. SOME C&P's can debate whether IU is a yae or nay, but not all.
    If it's for PTSD or TBI, those include recommendations based on IU etc. (I'm 70% PTSD myself btw, but not IU)
    If you get a 70% rating or higher, you can request IU. Do you have a VSO to help you out with some of this?
  17. Like
    vetquest got a reaction from ShrekTheTank in Sleep apnea Environmental hazard gulf war   
    If you refile and are denied try appealing, it preserves your filing date and sometimes goes faster than a new claim.  Try filing for an HLR to see if they approve.  Look at why you are denied and word your HLR to rebut why you are denied.  If you are denied again take it to the BVA.  Here you may or may not need a IMO/IME, and these are expensive.  You also have the option of hiring a lawyer to take your case at the BVA level if you are not confident of doing the case yourself.  Many options following a denial and we have all been there.  The VA does not give up care and benefits easily.
  18. Like
    vetquest reacted to dapilgrim in Sleep apnea Environmental hazard gulf war   
    Sleep apnea is not considered a presumptive condition for veterans exposed to Agent Orange or ionized radiation, or contaminated water at Camp Lejeune. However, veterans of the Persian Gulf War may be entitled to presumptive service connection for their sleep apnea. I think there must be persistent evidence of sleep apnea
     
    Link  https://cck-law.com/types-of-va-disabilities/sleep-apnea/
  19. Like
    vetquest reacted to Vync in VERY strange C & P exam   
    @Buck52 They are supposed to consider the credibility and give weight to the opinions. These M21-1 articles provide some additional information on examination requests and reports. I was unable to locate the exact spot where they will determine which report to hold as more credible.
    M21-1, Part III, Subpart iv, Chapter 3, Section D - Examination Reports
    Article ID: 554400000015812
    https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015812/M21-1-Part-III-Subpart-iv-Chapter-3-Section-D-Examination-Reports
     
     
    M21-1, Part III, Subpart iv, Chapter 3, Section A - Examination Requests Overview
    Article ID: 554400000015809
    https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015809/M21-1,-Part-III,-Subpart-iv,-Chapter-3,-Section-A---Examination-Requests-Overview
    And it ties in to 
     
  20. Like
    vetquest got a reaction from Vync in VERY strange C & P exam   
    Let's not be too hard on this gentleman.  He is seeking disability for a condition that he believes is related to service and it is the VA's job to decide if he deserves it or not.  After reading what all his doctor said I believe that GBArmy might be right about the doctor self medicating.  He seems to be a confused individual. 
    We will advise to the best of our abilities and it is not ours to judge a veteran.  We will leave that to another site that is all too willing to trash vets seeking advice about service connected conditions.  I learned a long time ago that there are veterans out there that are gaming the system but that is between them and their maker.  
    @Mantana, I would follow Buck52's advice and seek another C&P if this one is unfavorable.  I have had doctors treat me great and thank me for my service and then twist the knife in their evaluation.  I have also had doctors that were meah but did great evaluations in my favor.
  21. Thanks
    vetquest got a reaction from Mantana in VERY strange C & P exam   
    @Mantana, do not be discouraged about this website.  I have been here a little while and have seen excellent advice from some of the old hands and the younger ones too.  As you have noticed sometimes a person will of off on a tangent.  We are all human and make mistakes.  Overall this is the best website for winning your claim.  Keep up the fight and never surrender.
  22. Like
    vetquest got a reaction from paulstrgn in VERY strange C & P exam   
    Let's not be too hard on this gentleman.  He is seeking disability for a condition that he believes is related to service and it is the VA's job to decide if he deserves it or not.  After reading what all his doctor said I believe that GBArmy might be right about the doctor self medicating.  He seems to be a confused individual. 
    We will advise to the best of our abilities and it is not ours to judge a veteran.  We will leave that to another site that is all too willing to trash vets seeking advice about service connected conditions.  I learned a long time ago that there are veterans out there that are gaming the system but that is between them and their maker.  
    @Mantana, I would follow Buck52's advice and seek another C&P if this one is unfavorable.  I have had doctors treat me great and thank me for my service and then twist the knife in their evaluation.  I have also had doctors that were meah but did great evaluations in my favor.
  23. Like
    vetquest got a reaction from paulstrgn in VERY strange C & P exam   
    @Mantana, do not be discouraged about this website.  I have been here a little while and have seen excellent advice from some of the old hands and the younger ones too.  As you have noticed sometimes a person will of off on a tangent.  We are all human and make mistakes.  Overall this is the best website for winning your claim.  Keep up the fight and never surrender.
  24. Like
    vetquest reacted to GBArmy in VERY strange C & P exam   
    Mantana Don't get discouraged. As you can see this is an active forum, and with many people, opinions can sometimes go off target a bit. You are absolutely correct; the VA doc is the one that is wrong. You have your evidence and you can win on your claim, if you do one thing. Don't give up! If you have been diagnosed for GERD, you can win out. In fact, that holds for everyone. If you believe you have an injury or disease because of your service, don't quit if you get denied the first time. Work on it so you develop a strong case. So, if you get advise or an opinion that is wrong, no problem. Ignore it and follow the advise that makes sense. You can win!
  25. Like
    vetquest got a reaction from blahsaysme2u in Recomendations   
    @blahsaysme2u, I know that IMO's can get really expensive.  I would take Oceanbound's advice and see if you can have a sleep study done outside the VA and have them write a DBQ, nexus.  You will need all of your records so they can say that they have read your records and then the nexus needs to have specific language.  Call around and see if there is a OSA doctor local that will write this for you after a sleep study.  Just make sure that you give them all the information they need up front.  Some doctors will not write a DBQ for the VA in that they do not want to get involved.  Another idea might be to call NOVA and see if they have any lawyers that will front load an IMO for you and take the cost of the IMO off of the back end, it will be difficult but there might be someone out there that will.
    As for getting the cost of an IMO together the bump from 90% to 100% makes it worth it to save your pennies and see if you can afford one.  I spent $3500 for IMO's but it was well worth it.  Do I believe that you should have to spend this money for an IMO, never.  It is outrageous that they force us to do this but it is better when I started and you could only pay a lawyer $100 to have them represent you.  Other veterans before us have made many of the paths we choose available to us.
    Good luck.
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