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Richard1954
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Posts posted by Richard1954
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From what I read, the worse thing about contracted C/P exams, is that rating decisions are made based on the exams. When they learn a mistake was made, they take too long to report the errors and correct them. Apparently many veterans receive the worng decisions because of the bad examinations. In my opinion, they do not really know how to correct the problems. This requires the veteran to appeal a decision. Costing the veteran more anguish and time waiting on the correct decision,.
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5 hours ago, flow1972 said:
If I'd listened to the legal assistant's opinion that filed the appeal for my husband, he wouldn't be at 100% P&T today.
Congratulations, now take a vacation before dealing in any more combat with the VA.
Very reasonable advice, I have also said I would not be were I am if I had listened to the nay sayers. I don't want to leave any money on the table, so I go for every thing I contribute to my military service. And don't forget the secondary issues, or SMC's....
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18 hours ago, Mr cue said:
Now before everyone attack me. I am.not saying refuse a exam. But you can refuse to travel.
Excellent point, Once they had me go from San Antonio Texas to Temple Texas VA. When I got there they said the exam was rescheduled. I had to get up early drive 3.5 hours to be told the exam was rescheduled. And then they claimed they sent me a letter, I said how about picking up the darn phone and calling me. When I got home, there was a letter in my mailbox canceling the appointment, but not recheduleing it. When I requested travel pay it was denied, because they claim they sent the letter, in soon enough time so that I should not have shown up. The letter was sent the day before by the local va. I have been called up by the contractors, and told them if they can't get an appointment within a 30 minute drive, forget it.
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I used to use malwarebytes, but now with a new virius program called Kaspersky, it also prevents ad pop ups. However if I go to read something on news sites, I get a pop up from that sitet asking me to turn of my blocker off, but I really have no options to turn it off unless I shut down the whole program.
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From my reading of the rules for the new insurance, you would keep your old policys in force for the first two years, at which time they would revert to the new insurance program. This is because they are not going to pay out during the first two years.
Depending on your age you could purchase up to $40K of the S-DVI insurance. Once you get past 59 under the S-DVI you cannot purchance any more insurance if you have not already puchased the allowable maximum of $40K insurance.
Now, if I understand the rules you cannot have both kinds of the insurance at the same time.
The new insurance is guaranteed life insurance much like the globe life and other insurance advertised on TV. Under S-DVI the would not insure anyone who had a serious condition that was not service connected.
Under the nw program they ask no questions, but as I said will not pay out for the first two years, so while you can convet your presnt insurance to the new program, you will retain your old policys for the first two years, That way if you pass during the first two years, they will still pay out.
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The answer to the first question is No. A veteran must be rated TDIU or 100% for Ten years prior to death for any reason before the spouse is eligible for DIC.
To answer the 2nd questiion - look back at my last sentence of the first question.
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I have had some problems with community care. One of the biggest problems is they always seem to bill Tricare and Medicare, instead of the VA. I avoid community care even if sometimes it means I don't get treatment. I used to be able to use Darnell Medical Center on Fort Hood ( thats one reason I live in killeen), the Department of Defense controls all medical services of all the branches now, and they are slowley but surely denying care to retirees on military bases. Oh if I could go back to my youth, knowing what I know now ( not just medical care) I would not have reenlisted over and over again.
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Being retired, I have had this benefit for years ( space a flying) but as I hate flying I never used it.
Sence I retired from the Army, I have driven all over the USA, From Masachusetts to Texas. From Texas to California, From California to Georgia, From Georgia back to Texas, from Texas back to Georgia, From George back to Texas again. etc.... I used ot love to drive, and I used to love my truck. Today, I don't drive much sometimes to the store and back, but thats it. My Wife drives the long trips now.. I degressed I know, this is what happens when you get to be my age. I know space A is a nice benefit, I hope you fly to your hearts content.
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I never heard of him, I did have Dr. Anise write me two IMO's for sleep apnea and my left knee, It turned out I didn't need his help. His charge was reasonable $500.00 Just mentioned this in case you need to consider other doctors for IMO's.
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You will not have any problems with the VA. Renting apartments you own is not gainful employment.
Years go I considered a duplex, but after living in a rental duplex for a while decided against it. Why? Because you cannot chose your neighbors, and its bad enough if the neighbor is in the next house, but in the same building things get worse. You have to share a yard, you may only have enough parking for one or two cars, which today is not enough. You have at least one common wall, and I learned living in government housing you can hear your neighbor in the next unit.
A Four plex could be a bigger challenge. Depending on what you purchase, you will only have a normal sized back yard, that 4 units have to share. Image having a cook out, and your neighbor's kid or kids invite themselves, what do you do feed them or tell the to scram. Good luck, hope it works out.. for me living with my next door neighbor ( and he is a problem) is enough trouble for me.
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I have no idea why it would take so long. My recently submitted claims are being decided within two months. Now in my opinion this is not usually good. I have had to appeal every decision. Recently I was awarded Service connection for ED. But they were in such a hurry they did not grant a K award. Yesterday I actually received a decision based on my appeal, were I claimed cue and requested a K award. Ironically, I received the pay( in a separate deposit) for the K award on the first of the month. What stage was your cancer at? IE: 1, 2 3 or 4. Today in the news was a new cancer drug that cured colon cancer completly without any other treatment. They claim it could cure all types of cancer. I wish you the best, I personally know having prostrate cancer can cause serious problems. I had a surgery commonly refered to as "rotar ruter" , but its surgical name is Turp surgery were they go in cut the prostrate so that you can urinate again, but after this surgery I have problems daily, with leaking, so i have to use a pad. Still that is better than having to use a cather.
- Phury & Rhage and Signcavah
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Recently ( about a week ago) I received a va form for reinbursement for travel expenses, they asked me to sign and return it. This was for my travel cost to the regional office for ILP orientationi. Was pleasently surorised because I did not know anything about this.
Today, I received a VA Form: Request and authorization for supplies, that I was asked to sign. It was described as ILP assessment , cost $975.00. I found this interesting, because having used this program and receiving nothing of value except a cheap computer in 2000, I did not know anything about any ILP assessment.
I have no idea what to expect. If you have any idea let me Know. I will continue to post information as time goes on if there is something noteworthy to discuss.
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Just some added information concerning ACE
Acceptable Clinical Evaluation C&P Exams.pdf Authority for Acceptibale Clinic Evaluation.docx
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2 hours ago, pacmanx1 said:
not sure why you would post this here since I already posted it a few weeks ago.
So! its very likely that others posted it many many times before you did.
Look I think you have a problem and like to pick at things.. I see right thru your games.. if you don't like what I say ingore me because
I am not going to play your games... and You are the first person to go on my ignore list
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3 hours ago, Dot09 said:
he only thing that I am rated tdiu for is my bipolar. I was just wondering if the would either bump my 50% max rating to 60% or change it as tdiu migraines.
Its hard to say what they will do, they are rquired to maximize all benefits that you have earned, all you can do is ask and wait for the answer.
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2 hours ago, pacmanx1 said:
This statement is a little off
I know of few cases where a veteran has been rated TDIU based on "extra-schedular consideration" In most cases the va will get creative and just increase the rating of the condition
that keeps the veteran from working and then award TDIU. Very seldom will the va grant a claim under "extra schedular conditions" in fact if they do, its usually because the veteran has a
condition that prevents him from working, and the max rating for that condition is under 60%, and the veteran does not have a combined rating of 70% or above.
If I were to address every question based on all the possibilities then I would be spending hours on here. I try to answer questions based on what was asked, and reality.
I guess in 95% of all cases, Extra-schedular consideration is just a pipe dream, and I am not going to give someone hope were none actually exist.
I think this addresses your concern.
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It is very unusual for the VA to rate you TDIU on any condition after you have been been granted a 100% schedular rating. I say its unusual because, the only reason to rate anyone TDIU in such an instance, is to maimum your benefits.
There is more to this than meets the eye. The VA is required to maximize your ratings. This may be a case where you can receive Housebound if your final rating is a TDIU, and if you have another condition that is rated at least 60%.
I have not idea what your ratings consist of, at this point I am just trying to determine how you got to were you are.
Can you post your disability ratings before the TDIU was granted?
And can you post a copy of the reasoning behind the decison to grant a TDIU rating.
In my mind, there is only one reason to grant you a TDIU rating after you were rated 100%, and that reason is you have backpay coming up to the day 100% was granted, and you have been awarded housebound in addition to the TDIU.
Digest the following:
The court has held that the order in which disabilities are service connected is not revelant to VA's determination of a claimant's eligability for special monthly compensation under 38 USC Section 1114(s). Whenever a veteran has a total disability rating, schedular or extra-schedular, based on multiple disabilities and the veteran is subsequently awarded servie connection for any additonl disabilites, without regard to the order in which they were service connected to determine whether any combination of the disabilities, establishes entitlement to special monthly compensation under section 1114(s). If after such an assessment, the VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of the special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities. Buie v. Shinseki, 24 Vet. BApp. 242, 350-51 ( 2010) as ammended ( Apr 21, 2011)
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20 hours ago, pacmanx1 said:
Pay close attention to the regulation which the VA loves to ignore.
6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed):
Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy 100%
Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine 50%
Persistent daytime hypersomnolence 30%
Asymptomatic but with documented sleep disorder breathing 0%
1 Review for entitlement to special monthly compensation under § 3.350 of this chapter.
I think the new rating for sleep apnea are in effect, if this is so, you would not be rated as listed above.
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How Are Sleep Apnea Ratings Changing?
When the changes go into effect, then the way sleep apnea is rated would change significantly.
You would not get any compensation for asymptomatic sleep apnea. Ten percent would be awarded if treatment for sleep apnea gives only incomplete relief. A 50 percent rating would be assigned if treatment was ineffective or you can’t use treatments because of another condition. And a 100 percent rating would apply where treatment is ineffective (or impossible because of other conditions) and you have organ damage as a result.
Under this proposed change, it’s very likely that Veterans who would have gotten 50 percent under the current ratings will instead get 0 or 10 percent.
On the surface, this seems kind of fair (even though it sucks) because VA ratings are supposed to represent a Veteran’s loss of earning potential due to service-connected disability. And if you are getting treated for a condition and the treatment is totally effective, then your earnings aren’t harmed by that disability.
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In order to qualify for TDIU the veteran must have one condition rated 60% or above, or a combined rating of 70% or more.
The requirements for Housebound are a TDIU based on one condition rated at 60% or above , and an additional separeate and distint rating of 60% or more.
If the va said you cannot work becaue of your migrianes rated at 50% , they may consider an extra schedular rating of TDIU but that decision will be made in Washington DC.
If the va has not determined that your bi-polar keeps you from working, they are not likely to flip flop the rating for TDIU just so you can get the SMC for housebound.
Your question can you be rerated, well yes the va can do this, but it is unlikely. They may however decide to bump your 50% rating to 60% and then award TDIU, if they did this then you would qualify for SMC Housebound becaue you have a single 70% rating for Bi-polar.
Its really hard to say what the VA rater in your case will do, of course they have to follow the rules no matter what. But at this time your not rated TDIU for any condition are you?
Therefore until or unless your awarded TDIU the subject is moot.
You could request Housebound based on the actual need, but you will have to prove that you cannot leave home except for medical treatment, and the need to shop for necesary items,
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51 minutes ago, Whodat said:
Sorry my friend. Was it LHI, QTC?
Neither it was a va employee at the va hospital
Community care Again!
in VA Medical Centers Navigating through it
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I received an email from the VA this morning requesting me to contact them as they claimed they could not contact me by phone.. ( yea right!)
So I called them, it was community care and they wanted to set up an appointment for an open MRI for my spine, ( One segment at a time) This was requested in Dec 2021.
Because of the Goverments over reaction to COVID19, it was impossible to get an appointment in Jan so I just told them to forget it.
So here we go again, they want to send me to Austin or Waco, I told them I am not giing to Austin, and if the place in Waco is within a 30 minute drive good, otherwise I won't accept any appointment.
I need this MRI because I am having Hip problems now and I think the problem comes from my lower back condition.
Anyway wish me luck, I am going to need it.