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Richard1954

Senior Chief Petty Officer
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Everything posted by Richard1954

  1. Exactly that is one reaason why it makes no sense to switch over
  2. Wow I've been on this site since the start, ( under different user names) remember I was the over active monitor that you fired. I guess in my early days I though I could see a fraud a mile away, maybe I could maybe I couldn't. Anyway, I have mellowed out over the years. I am sorry to see the site close. I haven't used it much lately because of my ongoing medical issues, and I just got over Covid as well. I hope in some small way I helped those who had questions. I know there were times when I received ahswers. I had even worked for the DAV back in 1999 when I retired from civil service, I still don't have all the answers. There will always be low-lifes out there willing to do anything to destry people and things that are good. May God Bless you in your retirement.
  3. Actually, when you put in a new claim, where the ratings guidelines have changed, the new guidelines will not effect your current rating if your request for an increase is denied. The VA is required to insure our ratings are at the maximum allowed by law,, and that we receive the maximum compensation allowed by law. For example I have a 60% back rating from 1999, this also included a dropfoot rating, but the back and dropfoot were considered as one disability for rating purposes. while I was given a K award for loss of use of the foot ( but again not a seperate rating for the foot). Now say I decided to request a new rating because I felt my back condition has worsened. Under the most recent rating guidlines for my back injury, I could be rated seperately for siatiaca, drop foor and my back. But because the rules require bed rest to get a 60% rating for the back, I would not qualify for an increased rating, ( doctors usually do not prescribe bed rest for back injuries anymore), while the va would be required to review the ratings for a separate drop foot and siatiac nerve the ratings would be low, and I would not receive the compensation I receive now.. In other words, unless I can actually receive a rating higher than 60% the va will continue to rate me under the older rating schedule, and they would not rate the other issues seperately. This is because I would lose compensation under the newer rating requirements. It is also true that new rating guidlines will not affect an old rating as long as the disability remains static. As an example the va was giving 50% for use of a cpap machine, under the new guidlines they will not give 50%. As long as you do not ask for a review, your rating will remain at 50%. If you request a higher rating and it is denied you will continued to be rated under the old rating schedule at 50%.
  4. The laws changed in 2013, prior to this date all retires got the Blue ID card with indef on them. The new law requires an expiration one day before the retire turnes 65. The logic was that this was a reminder that retires had to enroll in Medicare Part A and B to retain tricare. The law also changed for spouse who will receive indef on their ID card once they turn 70. All non- active duty ID cards will carry an expiration date of every 4 years regardless of who it is issued to if they are not retirees or retiree spouses. The Nexr Generation ID cards had started to be issued in 2020 at select locations but covid held this up. Under the New ID card 100% Disabled Veterans will receive the same ID cards as retirees. ( No thank you , I will keep my Blue ID card with the indef expiration date) In fact, most ID cards will look the same with a white background. All Non-US citizens arthorized a card will recive the same white card, but it will have a blue line across the bottom of the card. Very basic information : https://www.cac.mil/Next-Generation-Uniformed-Services-ID-Card/
  5. I understand your pain issues with 60% DDD, left foot drop and both knees needing replacement, and a hip that hurts evertime I move. According to the VA pain is always a consideration in there ratings for these types of medical issue. I personally do not believe this. I myself am working on a claim for cronic pain, based on the amount of pain medications I take in including Morphine, that still does not completly help my pain issues. I do not know the solution to this problem, my claim for pain is very likely to be denied, because the VA will say they take pain into consideration with our ratings. I will submit it anyway once my research, and statement of the claim is finished. Best luck with your claim.
  6. It can be filled out by any Medical Doctor. My Aid &^ Attendance form was signed by my VA primary doctor, after I filled out the form. This was in 2007,, it worked then ( any doctor) it should work now.
  7. Yes I know, but he is a naturlized Korean that served in the Air Force, and my wife is Korean... I don't want to give anyone a reason for him to lose face. If I am putout by him with a serious issue, I see my Primary care doctor on Fort Hood, they haven't completed refused to see retirees yet.
  8. I can't say my primary care are good for anything except refilling pills. My Primary care doctor, won't even refer me to a clinic, he tells me to call my self. The last time I saw him he tried to minister to me, and get me to accept Christ. I am allready a Christian, and don't mind talking about Christ, but he was way out of line, I see him for medical care not moral or spiritual guidance.
  9. I do not use a VSO, In my opinion most do not really know what is going on. I think a lot of them exist just to say they are a VSO. I learned this when I was a Chapter Service Officer, most VSO's want a claim they are sure to win, other wise they will not bother. I have as much knowledge as any VSO, I just don't have the direct connection to the VA anymore. Anyway I am not trying to be a butt head. Whewn I say its hard for me to travel over 30 minutes that is they truth. Remember I am in a power wheel chair, with COPD and Blind in one eye. The chair is uncomfortable to travel in more than 30 minutes. MY son lives in San Antoinio, a 2-3 hour ride. When I make that ride I stop at least 3 times and then It takes me three or four days to feel like myself again. I am also on A&A and don't drive much anymore, unless my wife is not home and I must be some where, usually no more than 2 or 3 miles. My issues are too old to be reduced. While I don't know what the two exam was for, they should have at least told me that much. But as I told them I can't travel much more than 30 minutes at a time and it makes no sense when there are medical hospitals, and clinics in the immediate area, for me to be going far any way.
  10. This is ironic, On monday I was called by the VA from a Lady to do an ACE C/P exam. You know the one were they call you after reviewing your medical records and ask you a few questions about the conditiion. In this case the VA had already done an ACE exam, two years ago, the case was returned to the local level by the BVA, so they are doing the same thing all over again. Today, if you can believe it, I was called for another ACE exam, this was for a new issue, in fact the only issue in the system except the one menitioned above. I claimed GERD , secondary to my COPD medications, I received a call for a lady at the VA ( Caller ID) and asked me to verify my birthday, which I did, then she started asking me questions about my GERD. I told her my symptoms, the problems I was having and why I suspected my COPD meds were causing the problem. I asked her was she asked to give a medical opinion, and she would not answer my question. Really, why is it so hard to tell me yes or no. I say ironic because as I mentioned in another post, I refused to attend C/P exams that were scheduled by a contractor, in which I refused to go, mainly because I had not been called by anyone about this, and I don't want my information all over the place. So now all of a suden I get to ACE exams for the only two claims in the system. Something is not right in Denmark as they say. I just don't get it anymore. So now I wonder what were those appointments for that I refused to attend in a strip mall. The letters did not say so I guess I will never know. I also did mall the va a letter concerning those appointment on Saturday, its to soon for them to respond, ,if they respond to my questions about the exams at all.
  11. True, but this is a choice you make, I am not setting myself up for a fight with anyone. I just came to the conclusion that I am not going outside the system for VA c/p exams. For that matter I will not go outside the system for VA community care. If the va cannot treat me than I will go somewhere else of my chosing. I cannot remember how many times I went to private examiners for my left eye. Over and Over again the VA sent me to different doctors, every time I appealed their denial. How is it I had to attend 5 or 6 exams for the same eye within 6 months? I remember in 2008 when they va first screwed up the surgery on my eye, and had me go to C/P exams at the VA in San Antonio, they they scheduled another one at the VA in Temple Texas, that had been canceled but they failed to notify me, and then they sent me to VA clinic in Austin. And 3 or 4 private doctors in between. And each time getting the same result. I don't know about most vets, but I just don't want people playing games with my life. I did stop at the C/P exam Clinic in Temple last Friday. I was informed they have nothing to do with where you go for an examination. They told me thay get contacted to do exams and they just do them. The guy told me he suspects it works the same way with the contractors. So now I will starty a new topic about C/P exams specifically ACE.
  12. They can presume anything, but prusume won't hold up in a court of law. See this is the problem the VA says something and everyone seems to want to kiss butt. If I have not been called concering any appointment in the vA or otherwise, don't send me a letter or a reminder and tell me I have an appointment. I decide which appointments I wlll attend. I don't take orders from anyone. This is really crazy, since when to grown adults quiver at the name of the VA.
  13. I had 5 c/p exams on my left eye, I am still fighting for K award after many years. This garbage of multiple c/p exam has gone on for years, and many vets go thru it. Once one va rater starts giving the vet a hard time, they all follow suit.... and it continues for years. I finally gave up at the local level and went to the BVA. If I fail at the BVA it will got to the COVA, If I fail there it will go to the Federal courts. I am not giving up on this one. The va cannot read their own rules, Loss of use or blindness, they keep arguing that loss of use is blindness. How stupid some of these raters are.
  14. As far as I know a TDIU alone was never grounds for SMC S. And it wasn't until Bradley V peake that SMC S was granted when a veterans has a TDIU and a separate 60% rating. Now I am not saying you can't or won't get it, but if you do get it without an additional 60% I will be glad for you but surprised.
  15. No I don't have to attend. I was never contacted, and if I had been I would not have agreed to any appointment. It would be different if they would send you to a local hospital or clinic every time, but they don't. The send you all over the place to anyone who is willing to do a c/p exam, and usually its not a doctor, but a NP. Up until the last two years, its hit or miss, they had always done the C/P exams at the VA. Now you never know, and I swear in most cases the people they want you to see are younger than your own kids.... I say I don't have to attend, because I never gave the va any indication I would allow them to farm my medical information out. The VA should be mopre respectful of the veteran. If a veteran doesn't want to go ourside the system they should honor his request. It would be different if they were sending me outside for medical care, but this is an exam nothing more. If fact when the va says they can't give me an appointment, I go on base, or I use medicare and go were I want to go. These contractors cause a lot of problems for the veterans,, they never do the exam correctly, and you wait and wait to get a copy of the exam and sometimes never get a copy, in the meantime you only have so much time to appeal a claim, and the va knows this, and seems to be another way to make you go away. So I have decided, I will not do another c/p exam outside the va system. I am too old and too sick to be travling all over the place for a 10-20 minute exam. I am lucky because the va can't hurt me after all these years, but if I were younger or not 100% I might not buck the system. So I say for those guys not 100% or P&T , don't do what I do, because it may miss you up. But really no one should be forced into an exam with a strange person at a strange location.
  16. I plan on stopping by the C/P section when I go to the va this Friday. I have also written a letter to the Intake center explaining why I will not attend the exams. But like I said I do not do well on long trips. In Texas nothing is really local they have sent me 40 -150 miles somethimes for an exam. I just can't do that anymore. And I don't want the va sending my information all over the place. I actually had a VA employee steal my SSAN about 15 years ago, and this is why I am against giving my information out. It took me a year to clean up the mess that employee made with my credit. He ended up in jail, as I was not the only veteran he screwed over. In the past these contractors would call and ask me when I could go to an exam. This time they did not call, just sent me a packet for two exams one for an xray and one for a NP. I haven't made any claims that would require an xray, so this is weird. Anyway, I will find out what it was for, and I am not really concerned about it other than the va should not be giving out our information without asking us. I even when on line at ebenefits and indicated no one at all should receive my medical information. They don't care they do it anyway.
  17. Sorry I cannot disagree with you more. The VA does not have the right to require anyone to attend any exams at private faculities, in fact they should not be giving out a veterans information without the veterans consent. Any veteran can refuse to go to a contracted exam, and at the same time tell the va they will attend an exam at the va. I am not driving 2.5 hours to a contractor when the va is 24 minutes away. In fact I cannot drive 2.5 hours with my medical issues. I've done it in the past but will not do it anymore. This time I have no idea what the exam is for. Maybe my eye but I don't know. Its true I am proteced (1999) but no one should be forced into any exam by someone they don't even know, and very likely will never see again.
  18. I just received two letters from QTC Medical. They never contacted me by phone to set up any appointments. Yet they have scheduled two appointment in a local strip mall. I called them and told them I would not attend any appointments, they did not call me and if they had I would have told them I do not do appointments with VA contractors. They always screw something up, and takes a year or more to get a copy of the exam. I told them if the va wants me to do an appointment the va needs to call me and set it up at the local VA. No more contractors for me. Also he wanted more personal information from me, and I would not give him anything except the account number on the letter and my name. He said he had to know my date of birth and all kinds of stuff or he could not help me. I said your not getting any more personnal information. I don't know you and I don't put out information. I am really Pis@ed abnout this garbage. Now to write the va and tell then. I don't have any idea what the exam is for and the paperwork says nothing, which is another problem with the contractors. What would youi do.
  19. I just received two letters from QTC Medical. They never contacted me by phone to set up any appointments. Yet they have scheduled two appointment in a local strip mall. I called them and told them I would not attend any appointments, they did not call me and if they had I would have told them I do not do appointments with VA contractors. They always screw something up, and takes a year or more to get a copy of the exam. I told them if the va wants me to do an appointment the va needs to call me and set it up at the local VA. No more contractors for me. Also he wanted more personal information from me, and I would not give him anything except the account number on the letter and my name. He said he had to know my date of birth and all kinds of stuff or he could not help me. I said your not getting any more personnal information. I don't know you and I don't put out information. I am really Pis@ed abnout this garbage. Now to write the va and tell then. I don't have any idea what the exam is for and the paperwork says nothing, which is another problem with the contractors. What would youi do.
  20. I just received two letters from QTC Medical. They never contacted me by phone to set up any appointments. Yet they have scheduled two appointment in a local strip mall. I called them and told them I would not attend any appointments, they did not call me and if they had I would have told them I do not do appointments with VA contractors. They always screw something up, and takes a year or more to get a copy of the exam. I told them if the va wants me to do an appointment the va needs to call me and set it up at the local VA. No more contractors for me. Also he wanted more personal information from me, and I would not give him anything except the account number on the letter and my name. He said he had to know my date of birth and all kinds of stuff or he could not help me. I said your not getting any more personnal information. I don't know you and I don't put out information. I am really Pis@ed abnout this garbage. Now to write the va and tell then. I don't have any idea what the exam is for and the paperwork says nothing, which is another problem with the contractors. What would youi do.
  21. Age has nothing to do with disability claims. P&T has nothing to do with age. P&T is determined when the raters thinnk the veterans condition will not get better. Check your awards letters its possibe you are already P&T, You will know if you are P&T if you were awarded chapter 38 education benefts for your spouse or chidren. It can be awarded automatically with a TDIU award or a 100% rating, But if the VA thinks you condition will improve they will not award it until they are sure the condition will not get better. At no time is age a consideration for disability awards. A veteran can request to be awarded P&T at any time, it can be denied for a couple of reason but it cannot be denied for age. In fact, as far as I know they only time that age can be used against a veteran is if the veteran has been awarded adaptive housing and he applies for VA mortgage insurance based on the adapted housing. If the veteran is 70 years or older the mortgage insurance will be denied. The 20 year rule that you refered to protects your ratings unless it is determined that fraud was involved when you were rated. I can't say for sure if P&T is protected under the 20 years rule. I have never known of anyone to lose P&T once it is granted.
  22. In reality it doesn't matter. I have never seen them add something to an already granted disability which is what they did. They did the same thing with my arthritis of the left knee . The knee was rated 4 years ago, and now they added the arthritis to the original rating with no increase in rating. However in the case of arthritis of the knee when there is xray evidence they must rated it 10%. I have it on appeal right now but the VA has become so adversarial that I expect it to go to the BVA or even the court.
  23. While I was not given my original personnal records, I did get them and copied them before I left the Army. I also had some hospitalizations in the early 19790's and i got copies of those records as well. So I do have a copy of all my records. The hospital records help me when I requested service conection for my TBI.
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