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SA_oatmeal

Seaman
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About SA_oatmeal

  • Rank
    E-2 Recruit

Previous Fields

  • Service Connected Disability
    90%
  • Branch of Service
    USN
  1. Possibly not of use to OP, but in ref to the above quote from broncovet, I can say that I have recently (Feb) had VA fill a prescrip written & submitted by civ/non-VA doctor. It was my new pcp and the appt authorization was made through what remains of the Choice program. The doctor's office faxed the prescrip order, appt. summary, and Choice authorization documentation to the Regional VHA pharmacy, and in a few weeks the prescrip came in the mail. Though more likely than not the above wouldn't hold true if not for the doctor's appt. being authorized by/through Choice.
  2. I had posted the long account above just by way of introduction as new forum member; I had already posted my first question under the main disability comp./claim research forum ("Intent To File process vs. CFR 20.305"), and an hour later noticed this thread. The VA last October changed my overall rating from zero percent to a 90%, representative of decisions on eight of the over 30 conditions I claimed. The remainder are in appeal, and I'm still in various stages of establishing diagnoses for those, as well as possibly increasing the ratings on those conditions aready established. Though the VA was aware of my most-recent impending forclosure/eviction for over a year, no help was available to me unless I was able to move 2-4 hours drive away from where I am, as well as abandon my dog. The day before police were to eject me from the vacant property, I was able to arrange a temporary solution for 1-2 months through an acquaintence at a house further out of town. Towards the end of that stay, the VA produced the award decision retroactive for 1 year, which allowed me to extend my stay at current location indefinitely. So I am no longer (at this time) homeless or at-risk, for as long as the VA doesn't lower my recently-granted rating. The rating is all I have and all I can get, so any monkeying with it in the form of a decrease would put me back into the at-risk cycle I had just last year escaped.
  3. The forum User/acct name is in reference to my nickname in basic/bootcamp. USN 90-96, Basic in GLAKES, separated as FC2 (Tomahawk), interspersed with duty stations including USS Mount Whitney, USS Normandy, USS Briscoe. Injury/debilitating exposure at least 5 occasions during service, to include head-on auto collision in tunnel and lead-exposure incident. Unexpectedly separated 2 months early once I finally began to get a military doctor to recognize my primary pervasive conditions at the time of separation-exam. The ship removed brow and got underway as I stepped off it, and I wasn't permitted to duplicate bulk of service/medical jackets. I made the mistake (in hindsight) of remaining in the Tidewater region on my own instead of returning to originating home/location of record where I would have had a base of support. Though I continued to seek medical treatment/evaluation, this was sporadic at best, as I was struggling to make a subsistence through the pain. Burned through several jobs/employment, not usually lasting long at any place to progress far before being terminated for being junior worker on contracts and/or having missed work. Eventually worked couple-year stints in Fleet equipment installation/removal logistics and IT at several contractor outfits. Finally, after several cycles of unemployment and starting over, I could no longer recover for a sufficient period to re-enter workforce; it has now been 8 years since last worked. For multiple reasons, I didn't ever submit a claim with the VA for nearly 20 years, instead always trying to bull-head my way through/despite the pain, working as best I could for as long as I could before inevitably being fired/laid-off. Homelessness/at-risk of varying degrees and durations followed until late last year when VA award unexpectedly/surprisingly came through, though the decision statement made clear that the VA considered my few conditions they granted to be viewed by them as temporary and of recent development (as opposed to me actually having dealt with them unceasingly since separation). I now live in the desert...odd for a former sailor and person who once lived in the northern midwest surrounded by lakes and rivers. Though I have lurked the forum occasionally for more than a year, I just joined in order to post at least one question that I had not found answer to elsewhere. I may ask more for myself, or even for my father who is seeking success in a seemingly unwinnable claim of AO exposure and Burn Pit toxicities exposure while stationed Marine Air Base Yuma in late 60's.
  4. In anyone's experience in preceding a formal claim submission with an Intent To File notification, does CFR 20.305 (Computation of Time Limit for Filing) rule apply to the Intent To File process timeframe requirements for completed claim award effective date? ------- My scenario: On 8/06/2015 (Thursday) my Intent To File notification was received/logged online by VA via eBenefits. The next month my mother was hospitalised by coma and died at end of month. For several months afterwards, I did nothing with the claim. During July 2016 I completed the claim in eBenefits but could not submit for system errors over 2+ weeks of attempts (as Support Desk advised they only assisted with access to eBenefits and not any problems using it). 1-2 days before Intent To File expiry, I recreated the claim via paper form and was forced to mail it out via USPS the morning of Intent To File expiry. As a result of inquiring with VA personnel at both the regional hospital and attached CBOC, as well as via 800-827-1000, and being informed that VA would adhere to postmark date for preserving Intent To File effective date, I paid an extra fee to guarantee USPS postmark the submittal that morning (Saturday 8/06/2016) and cause issue of postmark verification document. The completed claim form was received by VA on 8/09/2016. After retention of legal representative, VA awarded me benefits for a portion of my claim's conditions (the remainder of the claim being still in Appeal) with effective date of 8/09/2016, the day they received my mailed claim submittal. If Intent To File timeframe requirement is exempt from Rule 305, then, since my mailed claim submittal wasn't received until 3 days past Intent To File expiration, my effective date is correct as presented. If Rule 305's Time Limit Computation directives DO apply to the Intent To File process, then my effective date should be nearly a full year earlier than was presented, to encompass the Intent To File's preserved receipt/initiated date of 8/06/2015. My lawyer, upon a cursory review of the information I just related above, is of the INITIAL opinion that the VA's presentation of effective date is NOT challengable due to the Intent To File process being exempt from Rule 305. This is based partly on the word choice* that frames the Intent To File process description (in at least one place, though not consistently in what documentation** of the process that I have been able to reference). Please ask away if more information is felt necessary, and I will further furnish what I can. * "received within 1 year" ... rather than "filed" or "submitted" (as with Rule 305 employing " filed within a specified period of time") ** https://www.benefits.va.gov/BENEFITS/factsheets/general/ITF.pdf
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