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Richard1954

Chief Petty Officers
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Richard1954 last won the day on January 19

Richard1954 had the most liked content!

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About Richard1954

  • Rank
    E-5 Petty Officer 2nd Class
  • Birthday 02/26/1954

Profile Information

  • Military Rank
    SFC Retired

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USA

Recent Profile Visitors

387 profile views
  1. I just went thru a Knee exam and was asked to bend my knee three times... I asked why and the examiner told me that she uses the worst degree for reporting purposes.... but in my case she also said, it doesn't really matter since your knee is so messed up they ( all three degrees) were the same......
  2. ROM for which body part.. Knee,. elbow ? need more information...
  3. The va will always try their best to rate two or more conditions as one condition, especially were the conditions all came from the same injury or are in the same body group ( ie: respiratory issues) I don't know how you would get an increase in your ratings, unless you could show that they have worsened. While the hardest part of a claim is proving service connection, its still harder to get an increase in conditions that are already service connected. For example today I had a C/p for a knee issues that was rated 10% in 1986 for torn meniscus , the examiner stated there are no mri's for the right knee that show a torn meniscus... I said all I know is what the doctors told me in 1974 when I injured the knee, and what the doctors wrote in my records when I medically retired... she said well I don't think you have a torn meniscus , but you are limited to 80 degrees in movement and that is attributed to arthritis, ( which I was also rated at 10%).. go figure after 45 years a NP tells me my meniscus is not torn... I can see the future.. Appeal will be filed.... There are some conditions that you can get two ratings for and knee injuries are one of them......but normally they will combine conditions were they can and give one rating....
  4. It is my understanding that Pre 911 veterans are not yet able to get caregiver benefits. While it was approved, the va is required to go thru some kind of study before it will finally be open to all veterans. Also, you do not have to be a combat veteran for caregiver benefits, you will just have to show that you need a caregiver, if you already have Aid & attendance that is proof you need a caregiver.
  5. The va cannot bill you for anything because you are rated 50% or more. If however a veteran is rated under 50% they may be required to pay a fee for medications and for non service connected medical care. Veterans rated 100% or TDIU will not pay any fees for any care. Other than that, Veterans don't pay for medical care at the VA. As to medical care on a military base.. retirees do have a deductible that they must meet. If however a retiree has Tricare and private medical insurance or Medicare, the will not pay any out of pocket expenses.
  6. "Has anyone had a C & P exam with a nurse practitioner that wasn't interested in your disability but was looking for ways to state that your condition has improved?" I think the better question would be who has not had this problem. Three years ago I had a NP who did a c/p exam on my left knee, she decided it was not as likely stating it was a slop in my back yard that caused my left knee injury ( my claim was the service connected right knee buckled and I fell tearing the meniscus of the left knee) .. then 32 days later she went back and added a new statement citing part of a line from a document stating that an injury in one leg does not cause an injury in the other leg... the problem was that no such line existed in the document, and the document was dealing with people who had a limp not knee problems. I appealed the denial, and in the process made the examiner look like she was stuck on stupid. I was afforded a new c/p exam from another N/P who also was a licensed chiropractor,. This guy spent 5 minutes looking at my knees, and 30 minutes talking with me, the end result was it was more likely than not that the right knee caused the left knee injury. I was finally serviced connected for the left knee secondary to the right knee. Literally, tomorrow I have another c/p exam for my right knee, the last time it was rated for it was in 1986. I have two separate ratings on the right knee, one for instability , and one for limitation of movement with a torn meniscus. I am attempting to get an increased rating for both conditions I hope to go from two 10% ratings to two 30% ratings. As to your back injury, I am rated 60% for my back injury, backs do not just heal and even with surgery they are never right again. If I were you I would seriously question the latest MRI and produce copies of the former medical evidence, requesting a new MRI and Xrays. Its more likely that somehow someone mixed up your medical results with someone else. By the way my exam tomorrow is with another NP, who is 45 miles from my home and who does nothing but va c/p exams. I have always complained that C/p exams should not be done by a NP in fact they should only be done by a doctor that is qualified in a specific field. ( that is asthma- a pulmonary doctor, or knees and back orthopedic doctors...) A N/P or a family med doctor are not qualified to perform specialist exams and then answer the question as to service connected or not... But lets face it the VA does not give a damn about the qualifications of an examiner, they just want to save money on the cost of the exam, so basically allow anyone in medicine to perform these exams.
  7. I know this and I was am disputing this.... All I did was answer the question based on what he asked... sometimes the more information you give just confuses people..
  8. @paulstrgn I think youu have it mixed up... if your a FERS retiree your social security is effected. I retired under FERS Congress created the Federal Employees Retirement System (FERS) in 1986, and it became effective on January 1, 1987. Since that time, new Federal civilian employees who have retirement coverage are covered by FERS. FERS is a retirement plan that provides benefits from three different sources: a Basic Benefit Plan, Social Security and the Thrift Savings Plan (TSP). Two of the three parts of FERS (Social Security and the TSP) can go with you to your next job if you leave the Federal Government before retirement. The Basic Benefit and Social Security parts of FERS require you to pay your share each pay period. Your agency withholds the cost of the Basic Benefit and Social Security from your pay as payroll deductions. Your agency pays its part too. Then, after you retire, you receive annuity payments each month for the rest of your life. https://www.opm.gov/retirement-services/fers-information/
  9. you can add any information to a claim, I have actually attached copies of BVA cases to support some claims as well as internet articles to support the nexus of a claim. This is all considered evidence in suppoirt of a claim and the va should list the information you submitted when you get the award or denial of the claim. Of course they do not have to agree with anything you submit except the actual medical evidence., but I have seen the BVA cite internet articles that were submitted as supporting evidence that put a veteran on the hump in support of a claim.....
  10. Paul.... are you aware that when you retire your civil service retirement pay is offsets by your social security. I do not remember exactly what the percentage is since I was retired in 1999, but I do remember having to pay back thousands of dollars to the Government after my social security was approved ( I was medically retired so social security was not automatic as it will be in your instance.) This really made me angry because I had worked at other jobs before working for Civil Service, and I felt they should of only offset the earnings that I made while a civil service employee....In the end I got the last laugh, because at age 65 Civil service recalculated my retirement and for every year I was retired from age 45 thru age 65 was counted as being employed for pay purposes.... It resulted in over $300 more per month, in civil service retirement pay. In my case I was also medically retired from the Army and I was able to pay into the system to get credit for my over 15 years in the Army which made a big difference in my civil service retirement pay. Since I never got one penny of my army retirement ( took va instead) it did not hurt my army retirement pay . I now get CRSC and get my total army retirement anyway.. Best of luck to you when you retire.
  11. I would first ask what was the actual rating for your depression? If it was less than 60% then you would not qualify for Housebound. The only way to get Housebound when you have TDIU is that the condition that Tdiu was awarded for must be rated at least 60% then you must have an additional separate 60% rating
  12. Yes.. you could get IU even if you have already retired..... I did.... like you I was retired from service then civil service ... but in my case I was forced to retire from Civil Service because of issues caused by a service connected disability. I know many guys that were retired for years before they received IU for heart problems that got worse.. The VA does not take retirement into consideration when you apply for IU, unless you were retired because of a service connected condition ( as in my case) There usually is no benefit to TDIU if you are rated 100% the only exception I know of is if you are eligible for Housebound under TDIU, but not at 100%. In this case the va would give you TDIU because they are required to give you the max compensation allow under law. I was rated TDIU in 1999, in 2007 I was rated 100% for one condition ( lung disease) I was also approved for A&A so in my case I benefited with the 100% rating, but in some cases ( under bradley v Peake) a veteran could be better off with TDIU. Another side note: When I was awarded 100% the TDIU was not revoked, apparently , technically you can be rated with both, while having both will not really help in compensation. In my case I had YDIu for a back injury that is rated 60%. When I was awarded 100% , my dependents were awarded chapter 35 benefits a second time, which surprised upon reading the rules, I learned that it was legal to award chapter 35 each time a veteran receives a permanent 100% rating or a permanent TDIU rating...
  13. The problem with this is that those that actually need pain medication cannot get them. I was given some stuff to help me with back and knee pain.. it did nothing to help.. and the VA primary care doctor required me to take a urine test every three months... I finally told him to keep his "aspirn".. its no wonder vets self medicate. After I had surgery to remove my gallbladder ( in march) I was given exactly 8 Oxycontin pills.. this was to last me 5 days... yea right.....
  14. I don't know what your looking for.. but I see some really screwed up knees.... you should ask a specific question because just reading this doesn't mean a whole lot to the lay person
  15. Sorry to say but McCain is a poor example since he was rated 100% not TDIU. I am rated 100% for my lungs, based on this alone I could work again if I wanted too... but In my case I was awarded TDIu for a back condition prior to receiving my 100% rating, it was the TDIU award that kept me from working ( I was forced in early civil service retirement).... So again anyone with a 100% rating can work, any one with TDIU generally cannot work.
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