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Richard1954

Chief Petty Officers
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Richard1954 last won the day on July 17

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About Richard1954

  • Rank
    E-6 Petty Officer 1st Class
  • Birthday 02/26/1954

Profile Information

  • Military Rank
    SFC Retired

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USA

Recent Profile Visitors

518 profile views
  1. I submitted my CUE claim using both the 526EZ and 21-4128 statement in support of claim.. The 526EZ is a waste of paper because all you are doing is giving personal information, you still have to explain the reason for the cue.. normally I would just write a letter but I had a claim kicked back last month for being on the wrong form.. so using the 21-4128 just seems to me to be the write form to explain the reason, my CUE was accepted and is now listed on VA.Gov... so I guess I got it right...
  2. I do see anything in somatic symptompton disorder that would address chronic pain issues, the description for somatic symptom disorder is more like a hypochondriac Just my opinion but I don't think this addresses the OP issue. Code 9421: Somatic symptom disorder is a condition where the person regularly sees many different doctors complaining of pain, sexual problems, stomach problems, or nerve problems. These symptoms do actually exist in the patient, but there are no physical causes. The most common explanation, although not proven, is that the physical symptoms are the brain’s way of dealing with stress. But this might fit: Code 9422: Other somatic symptoms or similar disorders that are clearly defined, like pain disorder, are rated under this code.
  3. It sounds to me like the doctor is saying your range of motion is 80% Code 5260: If the knee can straighten, but cannot bend all the way, then it is rated under this code. If the knee can only bend to 15°, then it is rated 30%. If it can bend to 30°, it is rated 20%. To 45°, it is rated 10%, and anything 60° or more is rated 0%. Just because you have xrays does not mean you will get a rating.. a doctor will have to make a statement that the arthritis is service connected.. I fought the VA hard on this one... and finally won.. two years later. Knee Buckling is rated Code 5257: The knee can also have too much motion (instability) from side to side or dislocate regularly. This can happen when the tendons and cartilage are damaged and can no longer support the knee joint properly. If there is only slight instability, then it is rated 10%. If there is more instability that might cause the knee to buckle or dislocate every now and then, then it is rated 20%. If, however, it is so unstable that it gives out or dislocates regularly, it is rated 30%.
  4. Yes you get Free Dental at your Local VA Medical Center No you can not go to any Hospital, You must go to the VA Medical Center each time you need care and they will decide if they want to send you to a Private Provider No your spouse does not get dental, she does get ChampaVA Medical Insurance
  5. Let me add... I have been in your situation where I requested a revaluation for my eyes that are rated at 30%. In my situation, the ratings for my particular problem is not as liberal as it once was, I was told because the ratings have changed, they could not rate me higher but... neither could they rate me lower. Same thing for my back condition under the old system I was rated 60% the new system you must be given actual bed rest x number of times to get a 60% rating. No way could i get a 60% rating under the new rating system for my back. If I did request a relook for my back they would just tell me the same thing, we can't rate you higher because the new ratings require xxx and you don't have that ,.,, but we can't lower your rating because your "grandfathered in".
  6. The VA cannot refuse to treat you for any condition since you are service connected at TDIU. Many veterans have other insurance and can still use the VA. Yes you can do that, or if you use Ebenefits ( if your have an ebentits account) , you can request P&T there as well. Since it has been 15 years, the chances are the va will consider reevaluation of your disability best of luck
  7. Just like any other prescription, the va will not revoke a rating because you don't comply with a doctors instructions.
  8. There is a lot of research on the internet that indicates so-clean ozone breaks down the rubber seals in the machines...
  9. Now I will add my 2 cents to the question... As many have said, you have the right to file any claim you want to file. I was told by so many people in the past, that once I was awarded TDIU I should never file another claim, because the VA will reevaluate every one of your conditions each time your file, this is just not true and don't let anyone scare you into this belief. At the time I was awarded TDIU. I had four separate ratings, two were 10% ratings, one was a 30% rating, and one a 60% rating. I did not stop there, and why would I when so many conditions where highlighted in my active duty medical records that I had not claimed yet, due to ignorance of the system when I medically retired. Since my initial rating I have been awarded a TDIU rating, I have been bumped to a single 100% rating, ( apart and separate from my TDIU rating ) and have received 14 other ratings from 0% to 50%. I have received adapted Housing ( which today is a $70,000 grant, I have received the Auto Grant which today is about $20,000. I was awarded 1 K award, and I have A&A at the L 1/2 step. My dependants have received the benefit of not one but two separate Chapter 35 awards with different start dates ( 1999 for TDIU and 2007 for 100%). I never even knew it was legal to get more than one chapter 35 award. Also, as we age, our conditions get worse with time. A back strain becomes degenerative disc disease and will bump a 10% rating up. Torn meniscus of the knee eventually results in arthritis of the knee and a seperate rating. And lets not forget about the damage a VA surgeon can do to someone when they have surgery for a service connected condition. There are so many valid reason to continue your quest for any condition that you feel should be service connected. My situation could be the highlighted as the poster child for continuing to file claims. And to this day I continue my quest to be receive increased ratings and new ratings for some medical issues. I have had people tell me why would you pursue a claim that only awards 10% its not going to result in any more compensation...but when I decide to file a claim I am not looking to get a 10% or 40% rating, I am looking to get service connected which is the hardest thing to do. After getting service connection then I pursue the rating I think I am entitled to, if I haven't already received it. I may have 9 10% ratings, and alone they may not amount to much, but when your start combing the 60% , 50% 40% and even 30% ratings you may achieve another 100% rating, and the nine 10% ratings will help you get to that second 100% rating. Also, don't forget the special monthly compensations that you may end up with, such as Housebound or Aid and attendance and the different levels of Aid and attendance as well as multiple K awards. Finally, you could end up being eligible for a free life insurance policy because your rated TDIU or 100%, or disabled veterans mortgage insurance, which you can only get if you are awarded the adapted housing grant. And for those that are really hurting they now have the caregivers program where a family member ( or anyone you designate) as your care giver receives a monthly check based on the amount of help you need, and this program has just recently been approved for all disabled veterans. Another benefit for those that have a TBI, is a higher level of Aid and attendance that only those with a TBI ( Depending on the severity) may be eligible for. And remember, you never know when or if the VA will decide to take back that TDIU or other rating. So additional ratings are one way to insulate yourself against losing your compensation. If you just sit back after your TDIU award, you will never know how much compensation you may lose, but if you continue to file and achieve new ratings you may just be surprised how fast the compensation dollars add up. Together with the compensation & ancillary benefits you may live very comfortable. Finally, wouldn't it be nice to leave your spouse financially secure when you leave this world with the mortgage paid off, and a monthly check from DIC or survivor benefits , especially if she/he stood by you and cared for your during the hard times, for me this was my greatest motivation. You served, and your quality of life has been diminished because of that service, you owe it to your self and family to continue to file claims if you feel they are valid.
  10. Austin Its unlikely the LA Regional Office even has your claim.. they all go Janesville , Wi and get farmed out to any Regional Office that needs work
  11. In my VA Hospital ( Temple texas) all I did was take a copy of my sleep test to the primary care doctor who referred me to pulmonary .. once there a new Bipap machine was issue with my choice of masks. I get replacement equipment every 3 months, ( filters, mask, and hose).. I have one appointment a year and it is done over the phone once you are deemed to be in compliance with the use of the machine, which is verified via the internet connect of my machine. They clinic that takes care of sleep apnea equipment could care less about your rating, the employees are nothing more that glorified sleep specialist. The va will not pay for so-clean, an my va when as far to say that so clean will damage the inner workings of the machines.. and if you use one and the machine is damaged it may be on you to replace the machine. In fact.. I have not found any machine maker that will even recommend so-clean. I used one for two weeks and sent it back, I am not convinced they clean anything.
  12. You can request an increase in your disability anytime you feel it has gotten worse. You can also use any lay evidence you find to support your claim.. but in the end the examiner will be the one who decides if your condition is worse and why... there are a number of different reason for hearing loss beside just " bad hearing" so the information in the article you posted might be one of them... Hearing however is one area where a compensable rating hard to get. A number of veterans are service connect for hearing loss at 0% because the hearing test are skewed which really makes it hard to get a fair rating.. I've been wearing hearing aids for years ... but and each time I take a c/p test the numbers magically improve.
  13. Being rated at 50% and leaving your job isn't likely to amount to a TDIU. You have to show that you cannot do any work at all, and you must have a single 60% rating or a combine 70% rating with one issue being rated at 40%. If you can show that your service connected conditions prevent you from gainful employment, then you might win a TDIU claim , but that would also require an increase in your service connected disability rating(s). Best of Luck
  14. The best thing to do is wait until you receive the decision, if then you don't like the results, file a NOD, and discredit the examination based on sound facts and medical Asking for a new exam isn't likely to result in one unless you can show the examiner didn't do his job. evidence. Someone said file a CUE to buy time.. that would just be a waste of time because you still have to address the real issue, and its very unlikely CUE exist. ( again if your not happy with the decision).....
  15. If the first exam was discredited by your lawyers then it is likely that a second exam was also request by the lawyers...this is normal practice for the va ... I can't be sure that is the reason but is seems to be the most logical reason....
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