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MarkP

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Everything posted by MarkP

  1. It's hypertension. Evidence will be my three medications and a recent run to the ER for high blood pressure. My numbers will be over the minimum numbers required. I guess the VA found "evidence" in my service medical records of hypertension (thus 0% award) even though they said NONE EXISTED! I only requested them continuously for two years. I still haven't gotten them. As long as they got them and they're reviewing them.
  2. Another question. I'm in the legacy system. This form states that by using it I "have to" opt-in to the new Modernization Review System. I'm not sure that's a good decision. I'm not sure. Why all these road blocks?
  3. Ok, I pulled out my paperwork today to request an increase for my hypertension which they service connected me at 0%. I'm on three meds to keep it under control and I meet the requirements for at least 10%, so I'll be getting this together. Now, .. it looks like I need to put this on a VA Form 20-095. Is that correct? I'm feeling "stubborn" today so I need to get this in the mail while I got the energy to do it! Is this the required form? Thanks in advance.
  4. Well at least the original "effective date" is good for any future P&T decision. It would be nice to be able to communicate with a real person at the VA. I can't get a straight answer from anyone. I guess I'll continue to do what "I" think is the right thing and keep submitting. They will at least have to answer it one way or another.
  5. I wasn't looking to get a "back date", just lock in at 100% with chapter 35 for my daughter's college. It has come to my attention that a "deferred decision" is something that lingers and isn't as good as a Final Decision. I understand that and I also understand that no decision is permanent for obvious reasons. I've already applied for the P&T under CUE, but was denied as the VA stated that I cannot do that because my claim is in "Appeal status". So on this one I guess I'm standing by for another C&P exam. I just didn't want to miss any deadlines with the VA.
  6. The denials I had have already passed the 60 day mark so I lose that, but I'm OK with it. They proved to me that they weren't warranted in my case. I'm going to Appeal the 0% to get that information up to date with the VA and as far as the "effective date" I'm good. This was my first filing (May 2018) so there's no asking for an earlier date for me. I do appreciate you responses. As time progresses I get more and more fatigued with all this. The VA counts on it is my guess. There's so many nuances to VA Law and directives its hard to keep track which procedure covers which claim. The VA splinters your claim and each piece of it is covered differently. I had filed a CUE already on my claim and they said it was "in Appeal" so I wasn't understanding that. I had a "deferred decision" and that's what I CUE'd. I realize that for a "deferred decision" I would need a follow-up C&P exam as it was clearly written in the Decision letter. The weird thing was that they did later give me one, but it was for another approved claim. A claim that they never said anything about a C&P exam was needed. Confusing.
  7. I fought a good case. Proved what I wanted to prove, but I'm so fatigued any more. The VA is unable to give straight answers to me and I get "crazy answers" that are obviously false at times. My intentions were to file for the increase on the hypertension as you verified as accurate. I have a zero rating and I'm currently taking 3 medications. Would I file this increase request with supporting documentation to the Intake Center as before? That would be my guess. They seem to keep track of everything to my satisfaction.
  8. I received a favorable decision last November for my NOD. A few things were denied, but my main points were found favorable. I realize I had 60 days to appeal the claims that were denied in the NOD, but my question is do I still have the year to appeal anything else in the decision; specifically, a zero percent rating? I got service connected for hypertension and was given 0%. This claim was one of the weaker claims that I failed to address in more detail. I'm on medications and meet the criteria to be at least 10% for this. So, does the "one year to appeal" cover NOD decisions? I thought it did, but I'm reading up on it now and I'm getting the feeling I don't. Thanks. Mark
  9. It was pointed out to me that I should file a CUE because my final rating decision although at 100% is not "permanent. They left it open for future exams. The person who suggested it just got his P&T rating and no further exams by claiming M-21-1, III.iv.3.B.2.c & d. Basically, because he was over the age of 55. My rating is for 100% for leukemia (CLL) (I know the rating criteria has been updated) and I'm over 55. Looking at the M21-1 and I feel I match four criteria listed. My question would be if the disability Rating Schedule says "perhaps" I will get reexamined in the future thinking I'm going to get cured, would that rating decision take precedent over the M21-1, or 38 CFR? I feel my condition is "static" and I have been getting worse for the past seven years and seven months, I'm over 55, the disability is permanent in character and I'm not likely going to improve, and the evaluation (rating) is the minimum for the DC. This disability is permanent and I'm not going to be cured. There is no cure. I do realize with treatment I could go into remission some day (perhaps) and I'll understand a reevaluation if that occurs. Thoughts?
  10. I'm looking back on my original posts when I started this journey. I do feel blessed that I just received mostly favorable decisions from the VA in a relative short time. First filed in May 2018 and received a final decision in November 2019. In retrospect, I don't think I would have gotten where I'm at today with the VA if I left it up to a VSO. No one can know your case as thorough as the vet themselves. My mantra has always been to ask a lot of questions from those who either have the knowledge or have experienced success in their endeavors. I ended up firing my oncologist and my primary doctor because they (in my opinion) couldn't put their opinions and diagnosis on paper correctly. My 1st oncologist promised me the world. She was a vet and told me how she'd write a paper, etc. The short story is that I got a 7 line paper from her stating their was a NEXUS and also the magic words "more likely than not", but wasn't in depth enough in my opinion. If I had only used her short paper I would not have prevailed. The VA needs a lot of information and the Vet has to ensure they give it to them so there's no question on their conditions. I eventually tracked down a doctor who knew the VA protocol and went to him. All I'm trying to say is be your own advocate, listen to others who have had success stories and educate yourselves on the VA rules.
  11. Thanks for the replies. Looks like I can't reply to each separately. The A&A is a pension for my father but not service connected. He has no service connected disabilities. A&A was the first time I had dealings with the VA in attempt to help my father. His care level has escalated at this point (He's 80) and the price range now is outside the family's level of finances. I've done all I can do to help him. It's in God's hands now. Thanks for the help.
  12. The question is for my father who has an Aid and Attendance Pension. He's had Aid & Attendance for many years now and he now requires much needed assistance. Bathing, getting dressed, basic hygiene, etc. He also suffers from dementia somewhat. I had thought that he would be able to file an update of need and get placed in a higher category with Aid & Attendance, but from what I'm reading that's not so. Am I missing something. He's not blind, not missing and arms or legs, or doesn't receive a disability from the VA. Is there anything I can help him qualify for at this point? The cost at his assisted living for him just skyrocketed due to the increased care that he needs. Thanks.
  13. Thanks for the comments everyone. It seems I can't reply individually to each of you so I have to reply yo everyone in one "reply". Richard1954: Yes, that verbiage was in the Decision Letter exactly. GBArmy: Agree with your comment. I analyzed the letter for a few hours a did a little research on it. The VA doesn't make it easy to understand these things. I just want to make sure I give the VA everything they request. I guess they have to do their own due diligence to insure I have what I claim. I do see an oncologist every three months to have my blood drawn and analyzed. I'm sure the VA won't want to see any of that paperwork and want their own. The exam will no doubt be a "C&P Exam" and I know how those go. Berta: I have read the code definitions. It looks like I got in right under the wire with the new change. Since the initial rating of RAI 0, I'm pretty sure I'm one more RAI stage higher now with shortness of breath, loss of concentration, etc. Who knows, perhaps the VA has a magic cure! I'll ask when I go in!!!
  14. After battling the VA system for a few years I was granted 100% for Leukemia (chronic lymphocytic leukemia). Prior to December 2018 it was rated at 100% because it was an "active disease", after that date it is now rated at 0% if I'm at the "watch & wait" stage (no chemo, treatment, etc.). The Decision Letter states they have to rate me under the "old" system because my case was filed before the new rating took effect, therefore I'm rated at 100%. The letter goes on to state that my "current evaluation of my chronic lymphocytic leukemia has been deferred as an additional examination is required" as there is "some indications from record that there is a potential of improvement that requires a VA examination to determine the proper evaluation". My question is if this "comment" for a VA Evaluation is from the "old rating system" (which I think it would be) and they want to make sure I'm not "cured" or in "remission".... (?) I'm not sure how to interpret this. I feel good about their rating and decision but don't want to take anything for granted and have the rug pulled out from under my feet. I anticipate another letter at any time informing me to report for a C&P Exam. Thanks for listening.
  15. How did it turn out? I had gone up in April. He sent the NEXUS letter back and I requested some changes and corrections. His office staff kept putting me off when I began to question some things. They told me to put my concerns in an email and send it to him. He basically ignored me and his staff would try to get me off the phone as soon as they knew I wanted some sort of answers. Long story short he overcharged me. Refused to answer my questions. Told me I had to fly back up there if I wanted more information in the NEXUS letter. I told his staff I could care less about the money and that I just needed a solid letter to provide the VA. So this past Monday I call up and ask if they were even going to acknowledge my questions or not. If not I'll press on and submit my stuff with the VA. The receptionist told me again the doctor (ELLIS) would be "on it". Yesterday I receive a message on my answering machine from Dr. Ellis berating me for the questions I was asking, told me that he wasn't going to refund my money even though he overcharged me, that if I didn't like it he'd reimburse me my entire money and said he would then write the VA a letter rescinding my NEXUS letter, then cussed me, and hung up the phone. My wife and daughter who heard the message were aghast at his demeanor. Maybe he had a bad day. I don't know. All I'm saying is if you are going to take the time to fly in to see him you best ask a lot of questions. He did rant about charging a low fee, etc. Personally, I would of paid thousands of dollars for a good solid letter. I just needed a good, authoritative medically sound letter. I would have paid whatever. Ellis seems to be unhinged at times. Just make sure you know what you're getting and ask a lot of questions. I did my research and it appeared he was well recommended. For the record, I do have the message on my answering machine saved with him screaming, cussing me and hanging up. Not something you'd expect from a professional medical doctor. Take care!
  16. eBenefits won't let me on again. States I'm not in DEERS again, etc., etc. Called numerous numbers, on hold forever and hung up. Went over to VETS.Gov got my password changed AGAIN, etc. poked around then went back over to eBenefits and this time finally got through my security questions (I guess I magically appeared back in DEERS) and it states my password can't be changed twice in 24 hrs. (?) Now my question is, is VETS.ORG and eBenefits part of the same mess? The same password since I just changed it? I tried the VETS.Org password on ebenefits and it didn't work so that can't be it? VETS.Org stated that my claim was finalized with a decision letter! What letter? Never received. It's too early for a letter. I'm still sending in documents, the VA is still searching for lost records, my doctors are still sending in my records and VA has to review all this stuff. How frustrating..........!
  17. I realize that the VA is pretty messed up and I'm trying to learn their methods, but I'm having a hard time trying to figure out their latest. I filed a series of claims with one being exposed to a chemical called, MALATHION. It's a pesticide. I have leukemia. The VA wanted me and my oncologist to explain the exposure to the "dioxin". I never called the chemical a "dioxin" and my oncologist told me that "Dioxin" is a code word for Agent Orange. AO was never claimed. We answered the the VA but referenced the chemical by name, etc. Never as a dioxin. Now I go to eBenefits and the VA has written "AO - not a recognized condition". I never claimed "AO" (Agent Orange) and that reference it right out of the M21 Manual under Herbicide exposure. The chemical MALATHION is a pesticide/insecticide and not a herbicide. I never claimed I was exposed to a herbicide. Is this a normal practice? Is the VA just getting as close to what they "think" I'm claiming? Are they incompetent? Are they setting me up for an obvious denial of my claim? Are they making it easier to file a lawsuit with the obvious wrong categorization of my conditions and/or claim? It doesn't make sense to me. It's not accurate. Am I missing something here? Thanks in advance.
  18. Well I've read up on as much as I can possibly read up on regarding filing a VA claim. Been to all the sites, watched numerous online videos, got my IME letter from my oncologist, drafted out my VA Form 21-526EZ, and am still proof reading my final draft cover letter. I'm hesitant to start the process and hoping that I have everything that will be required to jump into this challenge!
  19. My oncologist is preparing the IMO/IME letter for my claim. I tried to explain the "exact wording" that the VA just needs to read ("..as likely as not") and all and they have assured me that they have done these letters in the past.I hope she gets it right and is a powerful letter. I also asked her to address the chronic fatigue syndrome that I have as well. I contribute this to the CLL.
  20. Specifically, my oncologist asked me if I was exposed to Benzene. To my knowledge I have not.
  21. I was stationed at Andrews Air Force Base, Maryland which has been identified as a Super Fund Site. To my knowledge I wasn't exposed at that location except the Malathion. In the Philippines I guarded the bomb dump and who knows what was in the bunkers. In Kunsan Air Base, South Korea there were nukes and those were guarded, but no exposure to raw material that I know of.
  22. This is my first time in this forum and new to the VA compensation arena. I hope I'm in the right place. I want to file a claim regarding being exposed to the chemical MALATHION while in the service. I entered the service in 1981 and was discharged in 1992. I was outside the time frame for the Presumptive diseases associated with Agent Orange. MALATHION is an insecticide that was used during the Vietnam Era and is named in the Agent Orange laws that have come out in the last ten years. I was a military working dog handler and it was SOP to "dip" or bath our assigned military working dogs in this insecticide to manage ticks, etc. The disability, or disease that I think is a direct result of using this chemical is Chronic Lymphocytic Leukemia )(CLL). This type of Leukemia and all other B-Cell Cell Leukemias are mentioned in the Agent Orange laws as a result of the different chemicals used in Agent Orange and other insectides during the Vietnam Era. As you can see, my issue is that I did not serve during this time and I'm outside the "window" of this law. My intention is to file a claim that this service related chemical (MALATHION) has resulted in myself coming down with Chronic Lymphocytic Leukemia. My family has no history of this disease and once diagnosed, my oncologist asked me if I had came into contact with any "chemicals"........ Would I file a "Presumptive" claim using the Agent Orange law? I'm outside the time frame as I have stated, so I don't know if because of that fact the VA would just throw out my claim or should I use another approach? I don't want to waste time and file a solid claim. Any help would be much appreciated!
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