Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
Richard1954
-
Posts
882 -
Joined
-
Last visited
-
Days Won
26
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by Richard1954
-
-
I retired in 1986, at that time there may have been a way for me to ask for a correction of my records,. I don't know. Frankly. I had no reason to request any changes to my service records for any reason.After I retired I was sent medals, Certificates and my Retirement Certificate, as well as , wife's Army Certificate, thanking her for supporting my military service. These were medals from my last assignment, that they did not give me before I left. In about 2005, I requested I be retroactively awarded the Korean Defense Service Medal, and my DD214 was amemded to show the medal. When I mentioned before that during my time we did not have any options to correct records. I was actually refering to the Discharge review boards that were created for the specific reasons to up grade dischages to Honorable Discharges. A lot of Veterans during Iraq and Afghanistan were given bad conduct dischages or medicvasl discharges after they had TBI's which caused mental issues, and other medical/mental issues. The Department of Defense created discharge review boards with the authority to upgrade discharges from other than honorable, and to retirement because so many were who should have been medically retired were medically discharged, or given bad couduct dischargtes.
-
I don't understand why veterans ask,
2 hours ago, MFZ said:Does anyone know why my claim is taking so long to decide?
I have no insight as to why the BVA takes as long as it does. I had a claim at the BVA for over two years before it was decided. I will take a guess that your claim is taking a long time because there are a pile of claims before yours. I just submitted a new claim to the BVA, I expect it to be decided in about 2.5 years. It should not take so long, but it does and the VA does not give a darn about the timelines.
-
I always make a book containing information that will support my claim. The book will consist of my medical records that pertain to my claim, and internet articles that support my claim. I bind the "book" together using plastic three hole covers were they have bend over tabs. I tell the examiners that they can keep the information and review it at their leisure, I make sure my name and any personal information is removed or covered up because you never know if they will toss it in the trash or shred it. You never know what some examiners will do with the information, but any decent examiner will at least scan the information. Some times the examiners will list these books as evidence reviewed other times they don't. A couple of examiners have told me that they appreciated what I had done. One said it will make it eaiser for him to make a decision because he isn't having to review information on the computer going back and forth. Anyway that is what I do.
-
I don't think BVA decisions can not be depended on to determine how your case will br rated no matter how simulair it is to the BVA case. I say this because I think two decision makers a the BVA will decide the same case differently. It should not be this way, but my expierence tells me it is.
For example when I was first awarded service connection for sleep apnea, Dr. Anise had written me an IMO ( the IMO did not help me gete the award). Along with the IMO, he cited a case he had won at the BVA where the veteran was awarded a 50% rating separate and apart from his asthma. This is unusual since the VA states that certain respiratory disease must be combined into one rating, sleep apnea and asthma by va rules can only have one combined rating. So I found this case Dr. Anise was so proud about. I cited it in my claim for a separate rating, and the decision maker said just because someone else made a mistake doesn't mean he will make the same mistake. So I have since decided the decision makers at the BVA do what they want rather than what the rules state they should do.
Its interesting to review the cases, but they do not have precedent.
-
On 6/14/2022 at 6:45 AM, broncovet said:
You should decide if you are going to dispute the effective dates,
No I'm not going to appeal.
I think I was very lucky to be rated 0% with the K award.
I never mentioned ED to my doctors at any time. I had problems for 16-18 months before my claim, but never said a word.
I put the claim in expecting a C/P examination, instead I received a call from a NP on 29 Apr 2022, who unknowing was doing an ACE who asked me some questions.
1. When do you realize you had ED? Answer: 16-18 Months ago
2. Are you on medication for ED? Answer: No, I requeted Medication on 21 Apr 2022, the day after I put the claim in and I just got the medication yesterday.
3. Have you used the Medication yet? Answer: No
I was actually surpised to win the claim. There really are no medical records except for 21 Apr 2022, when I ask for meds thru the VA email system. I never expected to win the claim, but I decided to try anyway.
Frankly, this was the eaisest claim I ever submitted. I submitted the claim on 22 Apr 2022, and it was granted on 3 May 2022. I could not have hoped for a quicker turn around.
Initially, they didn't issue the K award and I appealed citing QUE, but a day or two later I received a letter saying they made a mistake and officially granted the K award back to the day they received my claim. In fact, when the $118 was deposited to my bank account it was deposited on the same day as my normal disability was except it was deposted separate from my overall payment.
So there you have it. No real evidence except a few Internet articles indicating Diabettes II can cause ED, and my request for meds the day after the claim.
The examiner stated at least as likely as not and indicated Diabetes both types cause this issue.
-
11 hours ago, Dustoff 11 said:
I had excellent results in 2003(?) with the Army Board For Correction of Military Records
Just courious when you retired, I retired in 1986 and we could not appeal to the Army for correction of records, that is we did not have the option that soldiers have today to appeal to the Army and request an upgrade of a discharge based on medical reasons or any other reason to my understanding. But veterans today can appeal their discharge for any number of reason, I think I have this correct or am I wrong? thanks
-
Ok I have read you reply. I understnd your not happy that they combined two seperate issues and then gave you only 10%. I have a simulair issue.
My left knee was rated 10% for limited Flexion with a torn meniscus VA code 5260 on 28 Sept 2016
I submitted a new claim with xray evidence of tricompartmentail arthritis, explained that I require steriod injections every 4 months, and that by the 2.5 months the knee was still giving me a lot of trouble. I also use a prescribed oitment for arthritis. Filed the claim in Nov 2021. In december the claim was rated but they combined the rating with the rating for Limited Flexion and the torn meniscus and keep the rating at 10%.
I did a supplemental claim askinf for separate rating for the arthritis in Jan 2022, it was denied in Feb 2022
I did another Supplemental claim and indicated that the C/P exam was full of mising information and the examiner even checked that I was not wearing an AFO which by the way the left foot is rated as loss of use and a K award. The supplemential was submitted in Apr 2022, and denied again in june 2022
I decided to try one more supplementail claim in June 2022, and cited the va rules concerning a rating for arthritis of the knee, and specifically the part about a 10% rating in the minimum for Xray evidence of arthritis and the rule further states this 10% rating cannot be combine with any other rating of the knee.
I am still waiting on the decision which I fully expect it to be denied again, and then I think I will file the next appeal to the BVA.
Arthritis of the knee is rated under 5257, I know because my right knee is rated sepaerately for 20%, and under 5260 my right knee is rated 10% for a torn meniscus and limited flexion, ( they did add the osterarthritis as part of the description. But both the arthritis and torn meniscus have separate ratings.
I even mentioned this in my appeal hey you idiots, you just raised the award under 5257 to 20% for arthritis of the right knee, the claim for my left knee is exactly the same medical issue and you refuse to give me at least a 10% separate raing for arthritis of the left knee under 5257. Why? your original denials do not indicate a valad reason to deny the claim.
So again, my point is The va combines medical conditions together all the time and give one rating.
Another example, I was rated for Diabetes II 6 Nov 2020 at 20%, on 22 Apr 2022 , I claimed ED secondary to Diabetes II. They combined the ED with the Diabetes and left the rating at 20% ( Now ED is always rated at 0% and a K award is given) in my case I was not awarded a k award. I filed a supplementaly claim calling CUE ( clear and unmistakable error) for not being awarded a k award, and at the same time requested the Diabetes II and ED be separate ratings. They awarded the K award, but kept ED & Diabetes II rating as one rating.
Another one I was rated for Astham in 1986, in 2005 I was rated for COPD separate from the Asthma which was now rated 60% , COPD was rated 30%, ( makes not sense since they are both rated with Pulmonary fuction test). They combined the two conditions under Asthma and left it at 60% for both. Then in 2007, I was rated for COPD again and awarded 100% due to the requirement for oxygen and now the award states COPD with Asthma 100%, ( they reversed the award because the COPD was not the predominate medically issue initially, they really had no choice since asthma does not have an award for oxygen use). Now on 31 jan 2017 I was awarded 50% for sleep apnea, and they then combined the sleep apnea with the rating for COPD and Asthma. So I have one rating for all three at 100% but seperately they are rated 100% -COPD, 60% Asthma, and 50% Sleep Apna, you don't think this makes me mad? You bet it does, So I have three medical issues rated at 100% and the next guy only has COPD rated 100%, rating all three conditions under one rating is not fair for me, especially when Sleep apnea is not a pulmonary issue its a sleep disorder, and any one you ask in the medical field will tell you this.
So again, I provide three examples that actually happened to me.. The va has a long history of combining medical conditions under one rating, and there isn't a damn thing we can do except appeal and hope they listen, in most cases they won't.
And even if you claimed a cronic disease the ratings are based on the symptoms and/or the requirement to treat them, so that is not a valid arguement to appeal under either. My asthma was listed as Chronic, but when rating it is is just Asthma, again the chronic only refers to the level of disability which is determined by the symptoms and the treatiment.
-
A veteran can claim anything as a stresser, but consider this.
I was actually medically retired from the Army , my DD214 says as much and it classified me as F4 ( Notmedically fit for service) can I clam PTSD because of this? Let me go a bit further, I actually was refused a job at the post office in Killeen Texas in 1988 because of my service connected medical condition, ( it wasn't legal but the PM did it anyway) could I claim PTSD for this and win, Yes I could place a claim, remember we can place any claim, the question is will I win. I doubt it. Now you question is a what if, my reply was a real situtation. Reasonably, this did cause me a lot of stress and anger, and sometimes it still does make me angry.
No one knows for certain you if would be sucessful if you filed a claim. Each case is different, the first thing you would have to do is get a diagnosis, and Nexus, then file the claim.
ADDED: I would not and did not submit such a claim, because on it face it just seems to be part of life and life is not fair.
-
1 hour ago, Signcavah said:
Turp surgery is what they are trying to schedule for me in a few weeks
Well at least your still urinating , I spent just over two months with a cather, trust me not being able to urnitate is the worse feelng possible, The turp surgery is a piece of cake, too bad the VA doesn't do the Urolift prcedure there is not cutting and immediate relief from what I read.
-
On 6/24/2022 at 6:49 AM, Dustoff 11 said:
Maybe he thinks he should have received 30% in 1997???
Exactly how I read it
-
6 minutes ago, brokensoldier244th said:
I see decisions all the time where a lay statement was considered in the final decision granting of service connection.
I've seen it too, in fact many of my secondary conditions were claimed based on my reading of medical articles and realizing hey , this is exactly the issue I have. So I submit the claim with no nexas , and sure enough the claim is granted with an opinion its as likely as not. The va really makes it easy to get some claims approved because of the likely or not opinion. But I still recommed the veteran having an understand of the cause of an issue, and if its not known ask a doctor.
-
Thanks guys, I know they do exams using contractors but I have just never seen such a letter. I am still waiting for someone to contact me. Usually, I will get a phone call and they identify theirselves as contractors for the va ready to do an exam. I hate dealing with these contractors because you can never get a copy of the writen report, well almost never, but myself I have never had the luck of getting a copy of a c/p exam from a contractor. Anyway Dorothy and Toto are good company here in va nevr never land within the wizard of oz.
-
2 hours ago, Wico1337 said:
"Chronic headaches with nausea and fatigue, involving light sensitivity".
This is a diagnosis, it may not be what you thinkj it should be but nevertheless its a diagnosis. Now you have to determine what is the cause of it. Can it be related to a service connected condition, as secondary, or is it a condition caused directly from you service. And as you know it may have nothing to do with your service, and is just a new condition base on something more recently. If you place a claim you need to be able to tell the raters what you think is the cause. If you do not know the cause, the va will likely deny the claim. You should have asked your doctor what he/she may think it is cause from. Since it involves light sensitivity, I am guessing it had nothing to do with your military servide, but that is just a guess, and I am not a doctor. I am attaching the VA rules for VA doctors to write an opinion for a medical issue, most don't like to write them and will say they are not allow to write them, but any doctor that says that is lying, and just doesn't want to be bothered.VHA directive 2000-029 Medical Opinions by VA Doctors.pdf
-
Well looks like you guys have it covered, I am going back to sleep.
-
This link will take you to an SMC rate helper. Follow the instructions and check the boxes that apply to you. When you get to the end , you will know exactly what SMC's your entitled to.
Its also interesting to just play with it and learn about the different requirements for SMC's
https://www.microhealthllc.com/wp-content/uploads/apps/smcratehelper1/
-
I received a letter yesterday Dated 14 June. It reads;
We have requested an examination through a private medical facility in order to determine the current level of your disability. This private facility will soon advise you of the date, time and place of the examination. This notification will be in writing, by telephone or perhaps both. If you can't keep the ap[pointment or want to re-rescheduled, contact the medical faculity on the appointment noiice as soon as possible.
When a claimant, withour good cause, fails to report for an examination or reexamination, the claim shall be rated based on the evidence of record, or even denied. Examples of good cause include, but are not limited to, illness or hospitalization, death of a family member, etc.
Ok so I have 4 claims in the system. My appeal on the left knee ( already had 2 exams), my claim concerning blood cloths in my lungs secondary to my COPD, and my claim for Venous Insufficiency,Chronic, and Peripheral secondary to COPd, the last two claim have ratings 60 to 100% ratings. And a claim for Gerd secondary to COPD, and COPD medications to include steriods.
These genius that sent the letter did not tell me which claim they are talking about.
In all my 35 years in dealing with the VA , I have never received such a letter. I am befuddled . This letter is dated 14 June it is now 23 June and no private medical faculity has contacted me. I wonder if this will be one of the known contractors, or if this will be done by a real private medical faculity.. Gee Dorthy , i'm gonna follow the yellow brick road with ya and together we will see were it goes. Do you think the Wizzard will get me a good exam and a better rating or will the wicked witch of the west spoil everything? To be continued.
-
5 hours ago, Mr cue said:
Well if you want to see if the train didn't leave the station smh.
You could cue the 1997 decision. An see if they made a error when they granted the rating in 1997.
Like they never address favorable evidence or that the claim remaining pending etc.
That how you find out if there an error.
Good point, but before you do that review the rating and find out what they reviewed.
-
Maybe my answer isn't necessary since Mark seems to have covered all the bases,,, but anyway here goes.
1. The va should have and in all likely hood allowed the contractor to review all of you rmedical records. The contractor should never be asking for copies from you, however, if it were my claim I would abide by the request.
2. The contractor will be required to state that he/she has reviewed all the available medical records.
3. By you providing the information, you have saved the examiner from spending time looking for the documents in the medical file.
4. When ever I submit a claim, I submit all the medical records that pertain to the claim. This saves the VA from having to ask for them from the VA medical center or from private providers. It makes the claim move a little faster, and this insures that you have provided all the available evidence for a review, even when they delay the claim asking for more evidence you can go into VA.gov and by checking a box tell them there are no more records and to make a decision on the claim.
5. And whenever I go to any C/P exam I provide all the medical records to the examiner in the form of a book, and tell them the records are for their review and that they should destroy them when they are done. I never put anything on them except my name so that my personal information is not compromised
BTW you can submit the records directly to the va by going on line and logging into VA.gov, find the claim information and submit the records for the claim. Or you can do like I do, spend $7.50 on average and send the records by mail with a return receipt request. I do all things by mail because I don't trust computers ( over 40 years expierence with comnputers) and I like receiving the return receipt as assurance the VA received the documents. Ironically, sometimes I get the return certified receipt days after the documents were received.
Best of luck with your claim
-
7 hours ago, boatman said:
I received 0% award for pain within one year of discharge in 1997. Then an increase to 30% with a start date of 2007. Could or should the 30% have started in 2007?
Thank you for your time
There is not way for anyone to answer could or should you have received 30% in 1997. The train left the station, you should have appelaed the 0% if you felt it was too low a rating. It is too late to appeal that decision now. Do raters make mistakes you bet they do, but without know the whole story its impossible to answer your question other than what I have said. Was all the information available to the VA when they made the original decision? When you received the original 0% did the ratings show that you should have been rated higher? How did you get an increase in 2007? I was unaware the va was giving standalone ratings for pain, so I will have to check that out. But again, to give a better answer we need more information.
Also someone mentioned your 100%, that should not matter. True, there are a lot of horror stories saying the va will drop your 100% ratings if you apply for more ratings is an old witch tale. It rarely if ever happens. Best of luck too you.
-
1 hour ago, Vync said:
We chose the last one because we already had a new house and it gave my friends and family time to casually finish moving our stuff.
I am glad it worked out for you. That is the kind of thing we are going to be looking for because we just will not sell until we buy... but were still sitting on the fence,
sell and move to be closer to our son or just stay put.
-
On 6/15/2022 at 8:50 AM, Vync said:
would at least tell you it is for imaging and not a C&P exam itself.
Its not for a c/p exam, but it will help me make a decision on rather I should file for my hip problems secondary to my back or knee injuries.
The doctor wants to know if my back has worstened or if its just pain radiating to my hip.
On 6/15/2022 at 8:50 AM, Vync said:I don't blame you for not jumping on that offer.
I did not take any offers the $271.000 offer is low. According to my mortgage company the my house is valued at $289,200.
Opendoor offered $258,000 , and Offerpad offered $271,000 this was within the same week and quite a bit of space between them.
My tax appraisal in Jan 2022 was $267.651 so this alone told me that the offers were low, because the tax value is always lower than any appraisal
I now have a better idea of what I am going to ask for if we decide to sell ... I'll start at $295.000 .
One thing is for sure we are not selling unless we close on a new house.
-
Congralations on the K award, and automobile grant. The grant is worth a lot of money, wait until you read the adaptive equipment handbook if you haven't already done so. Sorry to hear you have loss of use of the hand. Good luck on the TDIU. AS to another C/P exam, it is possible they did not ask for an opinion the first time around. Some exams are done just to see how bad a condition is and an opinion isn't always asked for. I added the information and handbooks in PDF Form to get you started
Auto and adaptive equipment info sheet..pdf Handbook 1173.4 Automobile Adaptive Equipment Program.pdf Handbook 1173.16 Driver Rehab for Veterans.pdf M21-1IX_i_2 Auto Adaptive Equipment Allowance Chapter One.docx M21-1MRIX_i_2 Auto Adaptive Equipment Allowance Chapter Two.docx VHA Directive 2011-046 Reinbursement Auto Adaptive equipmen 30Dec2011.pdf
-
3 hours ago, Lonniebrinson said:
Thanks Richard. One last comment. What happens if I get another separate single 100%. Does that mean I'm stuck at SMC-P2(SMC-M) ?
Well I would be surprised if you do get another 100% rating, but yes your not going to get any higher than M.
-
9 hours ago, Mr cue said:
t has work for me an like I said your complaint becomes part of your record.
I am glad that it works for you, but I have written so many letters and made so many calls that I just think its a big waste of time.
I once wrote a letter concering agent orange in Korea to every senator and congress rep that were on the veterans committees and not one responded to me.
The only time I ever received any responce using a congressman was when the va wants to put the problem back on me.. so I gave up even trying, frankly most of
our congresscritters and senators don't care about veteran issues, unless they somehow benefit along the way, or unless its an election year. As far as the complaint
becoming part of your record, well I have a complete copy of my va comp files, and not one piece of paper about any inquiries I have made especially from 2000-
2003 were I became a pain in the va's backside. Unless putting this infor in the veteran's record is new, I have never heard of it before. anyway what ever works
for the veteran, and what ever makes the veteran feel better is all that really matters. As I said, no letter writing or phone calls ever helped me, and I don't personally
know any veterans who has indicated it helped them, ( and I know a lot of veterans personally.)
One other point, why call it the white house hot line, if it isn't located at the white house, also it seems to me they never put out a list limiting what a veteran
could call about did they, just saying? I know this may sound negative, but for me its just voicing a reality.
Ha, I got it! ( SMC K)
in SMC K
Posted
Yea I know this was my second and I am working on a third.