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First Class Petty Officer
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Richard1954 last won the day on August 23

Richard1954 had the most liked content!

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About Richard1954

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    E-5 Petty Officer 2nd Class

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  • Military Rank
    SFC Retired

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  • Service Connected Disability
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  1. This will depend on the examiner... I just went thru this here in Temple Texas not long ago.. and the examiner did not give her opinion, in fact she specifically told me that it was not her place nor was her opinion requested. She did the hearing test and that was that.....
  2. GeekySquid, You can bring anything you want to the c/p exam.. but factually the C/P tester isn't going to look at anything you bring with you. The examiner is just going to give you a hearing test. They will not even opine about the exam to you, and because this c/p exam is nothing more than a hearing test, it is very doubtful that the examiner will actually voice any opinion, because the exam will speak for itself, and it is up to the raters to determine if you have a hearing issue for rating purposes.. If you have already provided the medical records to the VA regional office good, if not send them to the regional office. As to the past rater not getting all the records right the first time, that is only considering your 1st exam and not the final exam on discharge, is something that would be a cue if they had the records and ignored them. When I was finally granted service connection for a hearing loss, it was 19 years after I had retired. I had many hearing test since I had retired and each time a rating was denied. In 2005, when I took a hearing test long before I submitted any new claim, the examiner did ask me some questions, like what was my MOS, how long have I had hearing problems, how long was I in service etc.... after taking the hearing test she determined that I had high frequency hearing loss. I did in fact show her a copy of my final hearing test in 1986. She determined because of my MOS, and my final hearing test from service that my hearing loss was service connected. It was not until she opined about the results that I submitted a new claim. I was awarded 0% in 2005. Since then I have tried a couple of times to get an actual disability rating of at least 10%. My hearing is worse than ever. I presently have an appeal on the latest denial. What the c/p examiners do is crank up the volume of the word test... in my case it was cranked up to 80 DB, normal hearing is from 0 to 20 DB in all ranges. Because they crank up the volume I end up getting a 96% on the word test, which results in 0% for compensation purposes. They however do not crank normally crank up the volume when you just go in for a hearing test... when I questioned this practice I was told they have specific instructions on how to test for C/P exams. In my case, my hearing in 2005 wasn't a whole lot different than it was in 1986.. but I now had an opinion that it was considered to be service connected from a va examiner. I think if not for her opinion I would still be fighting for service connection today, because prior to that no one had ever stated my loss was due to service connection.... I suggest you get a hearing test from a private examiner, ( they must do the test according to va standards) and then show your military records to that examiner and get an opinion one way or the other.. Don't make the mistake I made and wait years to get it service connected because I never got an independent medical opinion (IOP). Good luck
  3. Then again sometimes you have to decide which battle is worth fighting... I am just getting too old to fight every denial I get... unless its going to amount to some big dollars I have more important things to do with my time, like my 3 grandsons, and one years old granddaughter...
  4. I opted into ramp on 9 Jul 2018, against my better judgement... but I figured if it actually gets faster results then it would be worth it.... Ebenefits tells me that I will receive an answer by June 2019. I do so how this is any better, since I had already received a SOC for all 4 issues, and they were on the way to the BVA. As I said way before I opted into ramp.. The VA is blowing smoke they have no idea how long ramp will take, anymore than they had any idea how long it would take under the old system.... I know better, and I fell for the trap anyway.....oh well...same old crap I'm used to this
  5. That may be because you do not have the evidence to back up your claim.... based on what Hardin said I suspect he has the evidence.....
  6. Technically no... but for example if you have a disease that is service connected and your are prescribed medication for that disease, and the medication causes a new medical issue, you could fine a claim for a secondary condition because of the medication used for the original disease.... good luck
  7. Ok, you could request TDIU based on your 70% award for depression. Since you have not worked for years I suspect that it would be approved. As to your ED and urinary problems you could claim them as malpractice ( called an 1151 claim) .. these are hard to get approved but if you can prove the problems were a result of the va screwing up your surgery you may have a chance to get them service connected.. Good luck
  8. I had the same thing happen to me last year when I put in a claim for my left knee. I had an IMO and the VA ignored the IMO calling it medical evidence, I just appealed the claim stating that it was not medical evidence but a medical opinion. In fact this medical opinion was in contrast to the opinion from the C/P examiner... so I should have received the benefit of the doubt, or a reason given why I did not get the benefit. Furthermore, I proved that the examiner has lied about her source of information and had only cited a portion of a line that discredit my claim, but the actual line she cited did not have anything to do with knees, and everything to do with gaits. Anyway as I said I just appealed the claim citing the IMO again.....I haven't received any answer yet...
  9. The problem we all face is different VA authorities have differing opinions about what is possible and what is not... this happens all the time even with claims, or Chapter 31 , so if you have two good for you... your one of the lucky ones...
  10. According to VA Handbook 1173.15 a. One Clothing Allowance. A Veteran is entitled to one annual clothing allowance if: (1) A VA examination or a hospital or examination report from a facility specified in section 3.326(b) establishes that the Veteran, because of a service-connected disability or disabilities due to loss or loss of use of a hand or foot compensable at a rate specified in section 3.350(a), (b), (c), (d), or (f), wears or uses one qualifying prosthetic or orthopedic appliance (including, but not limited to, a wheelchair) which tends to wear or tear clothing; or (2) The Under Secretary for Health, or a designee, certifies that (a) A Veteran, because of a service-connected disability or disabilities, wears or uses one qualifying prosthetic or orthopedic appliance (including, but not limited to, a wheelchair) which tends to wear or tear clothing; or (b) A Veteran uses a skin medication prescribed by a physician for one skin condition, which is due to a service-connected disability that causes irreparable damage to the Veterans outergarments. b. More than One Clothing Allowance. A Veteran is entitled to more than one annual clothing allowance if: (1) Multiple types of garments are affected. A Veteran is entitled to an annual clothing allowance for each prosthetic or orthopedic appliance (including, but not limited to, a wheelchair) or skin medication used by the Veteran if each prostheses, appliance or skin medication: As you can see the handbook specifically indicates wheelchair... When the new rules for clothing allowances were published I too was denied a clothing allowance for a power wheelchair. I already had a clothing allowance for an AFO brace on my left foot. I was told a power wheelchair does not do damage to clothing. So then I requested a clothing allowance for forearm crutches, and a manual wheelchair since they too were issued by the va too me. I didn't get anywhere.. I was told if I had a power wheelchair that there was no reason for me to use for arm crutches and a manual wheelchair. I was also informed that if a second clothing allowance was requested and if it were granted I would lose the static clothing allowance and have to request the clothing allowances every year. I gave up on trying to get a second clothing allowance 6 years ago... I wish you luck, but truth be told a power wheelchair does not cause damage to clothing, I know I have been in a chair for 10 years.....
  11. On 9 July I opted to have my appeals taken care of under the new ramp system. I decided at my age it might be a good idea to get things done as soon as possible. So did anyone know that when you opt into r ramp, the va closes all your claims on the date you opt in. I didn't know that and when I checked benefits I found this out... so in the meantime va is testing a new website called VA.gov. I went on va.gov and found that according to VA.gov my claims were decided on 9 Oct, and it says: " We finished you claim on 9 Oct 2018. We sent you a packet by US Mail that includes details of the decision on your claim. Please allow 7-10 business days for your packet to arrive before contacting a VA call Center. If you haven't received the packet with the full details of your claim decision yet, you can see your rating by going to your disability page in ebenefits. Of course benefits has nothing new listed either good or bad.. and I have never put much faith in benefits anyway because I know it takes forever for them to update the information. So anyway I then called the 1-800 number.. and after a while they answered my call. I asked the gentleman about what I had found and asked him to verify it, he told me that my claims were still being considered, that not one of them ( 4) have been adjudicated. He said he could not tell me anything more. So I don't know what to believe. In the old days we just waited for the brown envelope, we never worried about how long it was going to take because we knew there was nothing we could do, and it would take as long as it takes to get finished. So my question... has anyone gone on VA.Gov ( which is to be merged with ebenefits in the near future) and found anything concerning a claim only to find out the information cannot be verified anywhere else.....
  12. I really don't care about the cola raises.. they never cover the actual cost of living, and the prices just get higher no matter what... Hell we were better off when a dollar was worth a dollar and you could get a loaf of bread for a quarter..... What really needs to happen it to increase the compensation rates for all veterans , something that has not been done since before time began
  13. Richard1954

    Back Pain

    I was specifically told that the Dr determines when he will see me and in my case he did not want to see me until Feb which was 6 months from the last time he saw me. I wasn't specifically told what ER to go too. I hate using the ER because of the time it takes to get treatment. I had not been to an ER in I think 21 years and the last time it was for the same issue. I normally try to wait out the time and get an appointment for pain, but this time I was just in too much pain. I kick myself in the butt now because I just was not thinking.. I live 8 minutes from Fort Hood, and 5 mins from a private hospital. I would not have to pay for care under any condition because I have tricare for life and Medicare. I just was in so much pain I was not thinking, and I had gotten use to getting my meds from the VA. The only times I use the Army hospital was when I could not get an appointment with the va, and ironically this time The Army didn't have a same day appointment either. If it had not been for my wife I am not sure I would have gone anywhere but after 47 years together she knows when I have reached my threshold of pain. I never got that 72 hour phone call, and I was never offered a return appointment. The pain had subsided considerable with the shots, but this evening its starting to bother me again. Next time I hope I will be smarter about it and just go to the closest ER . As I am 100%, the va will end up paying the bills if I end up in a private ER. I just don't get how they can flat refuse you an appointment because your scheduled to be seen six months our from the last appointment. I think this also happened to me when I had taken a fall and injured a knee. It took 6 weeks to get treatment dealing with the VA, and honestly at that time the Army Hospital wasn't much better.
  14. I have had back issue since 1981. Last week Thursday 13 Sept I re-injured my back and had terrible back pain. I finally called the VA Hospital Monday morning to get an appointment with my Primary care doctor and was told I cannot just call and get an appointment anytime I wanted one. I said what do you expect me to do, they said I would receive a call from the health nurse within two hours. I received a call and the nurse asked me some questions and then said I recommend you go to the Emergency room. I said what for this is not an emergency I just need to get a pain shot she said to me well my computer program says you should go to the nearest ER. I said you mean to tell me that you don't know what I need to do that you use some generic computer program to ask the questions and made a decision? She answered again yes the computer says you need to go to the emergency room. I said well this is not an emergency and I would like an appointment with my PC doctor. I was told the PC nurse would call me in 2 hours, 4 hours later I called again and this time they told me I was told I would get a call within 72 hours... what the hell I said, what good does that do anyone..... On Tuesday morning I decided to make a trip to the ER. So I arrived at the ER at 6:45 AM. I was placed in a treatment room until 7:30 when a female doctor came in asked me a few questions and then said we will be giving you too shot, I said I know just like you always do when I have this problem. Funny thing is this Doctor never examined me and was in and out in less than 2 minutes, 15 minutes later the nurse came in I dropped my drawers and she gave me the two shots. I was feeling better in a matter of minutes. This is how you get treated by the Teague VA Medical Center in Temple Texas. I am still waiting for that phone call. What really makes me mad is why can't a veteran call and get an appointment? Why must the doctor be the one to say when they can schedule you an appointment. Its not very often that I call for an issue. In fact its been 23 years since I had been to any emergency room. And this is the treatment Trump said he fixed my ass he hasn't done anything for veterans....
  15. I got service connection for sleep apnea last year, its nowhere in my active duty medical records. A VA doctor opined that because I had asthma, copd, sinusitis, and allergic rhinitis on active duty it is more likely than not that I also had sleep apnea on active duty. My claim was granted 31 years after I retired from service. Like other have said there are many conditions that don't have to be in your medical records, hell I don't even think sleep apnea had a name when I retired in 1986.

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