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Senior Chief Petty Officer
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Richard1954 last won the day on August 20

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About Richard1954

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    E-7 Chief Petty Officer
  • Birthday 02/26/1954

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  • Military Rank
    SFC Retired

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  • Service Connected Disability
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  1. No in fact most of the veterans I assisted were well under 55 , most were in there 20's and 30's. But I also assisted some veterans who were in their 70's were retired for years, and requested TDIU for the first time because of Heart and other serious issues. It wasn't until I laid eyes on their awards that I would even believe that someone at their age, already retired could even get TDIU.... I would have to go back and do some research but if I remember correctly, the VA isn't suppose to reduce a rating based on one C/P examination alone....
  2. Sorry I still disagree, you requested an increase in the back and knees, anything to do with your back and legs were fair game..especially with Degenerative disk disease which can cause problems all they way down to the toes due to nerve impingement. I certainly would question the reduction on your back, and nerves because they do not get better with time, such a reduction comes down to the examiner who was more critical than the original examiner from the previous claim. When I requested to have my right knee reevaluated for the first time since 1986, ( this was just this year) they reevaluated both of my legs from the hips down, leaving my right knee at the same rating, and giving me an addition 0% rating because of surgical scars... Of course as I said my experience has been they do not just reevaluate issues just for the sake of reevaluation, if they did, many of us myself included could be in a world of hurt.... So Again generally speaking poppy cock... I don't mean to say it never happens , but generally speaking the odds are against it happening. Its very possible that I have been lucky and those that I have helped have been lucky ... but I can only voice an opinion based on what I see and know... for years I have heard the warning about reevaluation over and over again, but my experience tells me this just isn't true.
  3. Being 100% or 10% doesn't make a difference, nothing qualifies you for a K award except the diagnoses of Loss of use.
  4. What pain? https://www.mayoclinic.org/diseases-conditions/retrograde-ejaculation/symptoms-causes/syc-20354890
  5. To this I say poppycock ... I have dealt with the VA since 1986, I have had over 65 claims actions with the VA since 1986. I have also assisted many veterans with their claims ( about 200) , Not one time has any medical issue been reevaluated unless it was requested . In all these years I have yet to meet a veteran who claimed the VA reviewed something when they asked for a increase in something else . This is an old wife's tale.... Could it happen sure, anything is possible but will it happen, not very likely, why? because the VA doesn't have the time to work claims as it is and they are very unlikely to go looking at other issues that are not involved with the claims request. This comes from service offices at the local chapter, those that don't want to do the work but want credit for doing it..... and it is was done to scare veterans into not requesting an increase of their claims. Again I say Poppycock....
  6. I never heard of this condition, but I have what is called drop foot where I cannot walk because I trip on my own toes.. I receive a K award for this problem because it is considered loss of use....Understand for loss of use it has to be a permanent loss of use, intermittent will not get you there.... I have intermittent loss of sight in one eye because of a surgery I had at the VA 12 years ago.... I have fought these last 12 years for a loss of use award and special compensation because of this problem, it has been turned down over and over again because its an intermittent problem, and there I times were I have gone as many as 8 days without sight in the eye.... so again intermittent will not get you loss of use
  7. If you can prove you need aid and attendance then the 2nd 100% rating will be grounds for SMC at the M rate. Understand that Aid and attendance does not require a 100% rating, the only requirement is that you need daily help with some ( not all ) areas of daily living, In my case because of my TBI, knees back and lungs, I need help bathing, cleaning the house, cooking as well as putting on my braces. I get aid and Attendance at the L 1/2 rate, which is the normal rate for Aid and attendance and then one 1/2 step up because I have a 60% rating, right now I do have a cue claim in because I think I should have the full step to M because I have a 100% rating. The point I am trying to make is that under aid and attendance the rules allow for either a additional 1/2 step ( 60% single rating ) or a full step to the next higher level ( 100% single rating). Based on your ratings, you may in fact be eligible for Aid and attendance, talk to your doctors explain to them what you are not able to do without help and in all likely hood they will fill out the application for aid and attendance, which is what you will need to get the initial award. Its an easy process and shouldn't require another c/P exam Best of luck
  8. Paul, As you know anything is possible as far as getting it hiked up.. as to the K award , if you have a total dropfoot its automatic at least in my case it was and I was also awarded the auto grant and adaptive equipment for life..which is a really great benefit because I can get a new ramp van every two years and when I trade in the old one, the new one only cost me on average 10K.... the va pays over 30K for the ramp system every time I get a new van so for me its a great benefit. When I was rated for my back injury in 1999, I was rated at 60% but the VA said the dropfoot & sciatic nerve damage was part and parcel of the back injury so they did not give me separate ratings just the K award. Now I was rated under the old rules for my back, and under the new rules there is no way that I would get a 60% rating...because its is so rare to get bed rest from any doctor for a back injury now, so I don't even think about trying to get it raised or separate ratings... I wish you the best of luck, and I hope you can get the K rating because its the benefits for loss of use of a foot that really add up...
  9. The Temple Texas VA has the kiosks and I just hit one when I am leaving the building.. works great... and no lines, I don't understand why others are still standing at the window, because no one get cash anymore the lines are sometimes 30-45 minutes long....
  10. Its really a personal decision to keep Medicare or not. I have three choices for medical care and I like to be able to pick and choose. For me I have Tricare ( military insurance) since I am a retiree, in my case if I want to use Tricare I have to pay for Medicare by Law. I can use any Military Hospital, and I have been admitted twice this year once into Darnell Medical Center, and once into Brook Army Medical Center. In the first instance, the military doctor literally saved my life. In the second instance, a military doctor performed surgery that no one else wanted to do because of my numerous medical issues. So, my first choice for care is the Military Medical system, its the best in the world always has been always will be. My second choice for SERIOUS medical issues, is a private medical facility, this would only happen if the military could not treat me in a given situation. If this happens, ( and it has a few times) I don't pay a penny out of pocket. Medicare pays 80% , Tricare pays 20%. My last choice is to use VA Medical care. I have found because of the VA rules that I must at least see a primary doctor at the VA every six months. This is because of my medical issues and the need for prosthetic items, like my AFO, wheelchair issue and repair and other items the VA will not give me if I do not get medical care from the VA. In a few instances, I have opted to use Medicare and Tricare to pay for medical devices like my portable oxygen concentrator , or my INS blood testing equipment. This is because even though I am 100% for my lungs the va will only pay for oxygen tanks not a portable concentrator, and my INS levels for blood clotting is monitored by a military doctor, so again its a personal choice. I don't trust the VA to provide quality medical care, sorry but they see too many veterans in one day and don't spend enough time with the veteran when they do treat you. Also, the VA hires too many foreign born doctors, some of which you can barely understand because of accents and other issues. I also don't like to use private facilities either but only because I think they just charge too much for medical care, like $10 for an aspirin.. ( I saw this first hand when I worked for a year as a computer specialist in the Cape Valley Medical Center, in Fayetteville NC. ) Having three choices insures that no matter what I can get medical care almost anywhere at any time, and it never cost me anything out of pocket. If I were to stop paying for Medicare, I would not only lose Medicare but tricare as well. I've had Medicare since I was 45... in my situation, if I had refused to pay for part B, I would not have been able to keep Tricare and would only get Emergency care at a Military hospital, thus limiting my options to VA care only. In fact, I remember specifically in 1999, I was told that I would pay a penalty if I refused Medicare at 45 and tried to get Medicare at a later date regardless of when I decided to opt in.... I wonder about Broncovet statement saying he didn't have to pay a penalty when he turned 65 after refusing Medicare part B at a younger age. You have to decide based on your situation.. I personally think its a good deal and smart to have more than one option.
  11. The problem is that you have to prove that the information he entered was false. VA employees on a constant and continued basis enter information into EVERY veterans medical records every time the veteran submits to treatment. I had one instance where male nurse asked me my pain level and some other standard questions they ask each and every time you get treatment. I was so fed up with answering these questions that I told the nurse to look in my records that the questions had been answered before. One of my issues with this dude was that he was asking questions in an open area where anyone could here us. The nurse, would not even look at me when asking the question, he just stared down at his paperwork waiting for an answer. Well his response to me was go have a seat in the waiting area. I was then called by the PA who was administering steroid shots into my knees, I told the PA what had transpired and how I felt that I was treated poorly. He told me that if I did not feel I was treated right I should report the incident to the head nurse. I instead said maybe he is having a bad day, and I don't think its worth getting him in trouble with his boss.. I learned 4 days later that was a mistake . This dude wrote into my medical record that I was belligerent, and that he was scared for his safety. I wonder how many people would be scared of a 64 year old fat man, who is on oxygen and can't walk and is sitting in a wheel chair? Well it took me over six months to get this entry removed from the medical record. In my situation, this entry was sent to everyone in his department with any authority as well as my primary care doctor. I was lucky that I did have a talk with the PA who treated me , it turned out it was him standing it the common area with his back to us when this transpired and he backed up my side of the story. In a cause where you have no witness it may be hard to prove someone wrote false information in the record. You do have the legal right to request any false information be removed, and the request is decided by a board of VA employees, not just one employee, and they do investigate any complaints you have about entries in the record..... But as I said above they put false information every time we get treatment, some times they don't even bothering asking us the questions and just write the answers in the record as if we answered their silly question. I hate the question what is your pain level? We every decided that was a good way to measure pain is a maroon. Pain is pain.. The other questions do you feel safe at home? Does anyone mistreat you at home or elsewhere?... etc etc... it gets to the point that they put more garbage in the record than information about the treatment you just got..... go figure....
  12. https://www.msn.com/en-us/news/us/court-rules-va-must-pay-veterans-er-bills-a-decision-that-may-be-worth-billions-to-vets/ar-AAH6l4X?ocid=spartandhp
  13. Any thing is possible but it will depend on your ability to show that your unemployable because of the inability to do the work based on your depression only. My advise is to speak to your doctor , identify to him why you cannot work, and let him help you decide if your totally unemployable or if your capable of working in sheltered environments. Frankly, your not likely to get TDIU based on a 50% rating alone. The basic requirements are the inability to do any kind of work because of your medical condition. Then you normally would need a single 60% rating for one medical issue, or a 70% combined rating of which one of the medical issues must be rated at 40%. It very hard, and unlikely that you would be given TDIU on an extra- scheduler basis. You will need a doctor to decide this issue before you even consider going to a lawyer, because if your don't have a doctor on your side... its more that likely that you would lose the claim. You could take the chance put the claim in and then go to a C/P exam where the doctor works for the VA not you.... and take the chance that a strange doctor who knows nothing about you or your medical history is going to agree that you cannot work.... but again its chancy without a doctors medical opinion to back up your claim.
  14. It isn't hard to get Aid and Attendance, Have your doctor complete the attached form, and submit the form to the VA. It may also be a good Idea for your doctor to write a statement concerning your needs. This is exactly what I did when I was awarded A&A .... good luck this isn't complicated or hard at all.... Keep in mind even when you submit the forms the VA may want to do another C/P examination, in my case it was just awarded but you never can tell what the va is going to do. VBA-21-2680-ARE.pdf
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