GBArmy

What kind of checking did he do. My understanding is that a few years ago at least, they hooked up some electrodes to you to see if there was any reaction to electrical stimulus. Just a verbal exam; nothing physical like that?

Just got this today. The DOJ has notified Congress that the VA is dropping any appeals to the court decision on the Bllue Water Navy Agent Orange fiasco. If this isn't a success story, I don't know one: https://www.militarytimes.com/news/pentagon-congress/2019/06/05/90000-blue-water-vietnam-veterans-in-line-for-disability-benefits-after-justice-officials-drop-appeal/

Paulstrgn, what actually happened at the C&P? Did you have a dbq with your claim. Curious as to what they do for SMC(k). I had a tinnitus claim along with my hearing and they asked me maybe 3 questions on the tinnitus and that was it; practically the whole time was on the testing for hearing. Yours wasn't combined with anything else?

Hi Ms Army. welcome. You haven't told us very much about your process. Have you had a C&P exam and did they tell you if there was to be another future exam? Waiting 3 years must really wear on your patience. If you are handling the claim by yourself, I would call the VA info line 800-827-1000 and see what they can tell you. After that, because it has been so long, I would give the White House hot line a try at 855-948-2311. You might get some kind of status/time line from them. Let us know of your progress.

Well, TBird, this is totally unacceptable! You are the glue that holds us together, so we don't want to hear any excuses. Get that eval and do what you have to do. and be quick about it too! Get well soon.

Hi John: Welcome aboard. I can't offer anything on that cigarette smell problem, but if I am right, you are a brother who served in 'Nam. Welcome home brother. I also pick up some bad vibes from you about your health situation and it is causing you problems, maybe depression, or worse. If I could, please make arraingements to go to the VA and speak to them about how you are feeling. You got family to think of, and things can go from bad to worse pretty damn fast. Up here in the Northeast, we also have Vet Centers and they can really help too. I hope I am wrong, but I don't think so. Hope I hear back from you.

That's good; at least you woke them up. You can get a little more visibility tracking your status if you sign up for ebenies, or more accurately www.ebenefits.va.gov Not too hard to do but you need to get the premium account for it to work. It provides a lot of visibility on your disability status, dependents, change of VSO, benefit payments, etc. I say a little more visibility because if you have a supplemental claim, the turn-around time is supposed to be 125 days, so they don't put much info on changes. It is better for original claims, because there are more steps in the process.But, it is another tool that is available for veterans to use, so I would fully recommend it. Your VSO, the DVA, should be able to provide some input on your status, but they often don't do a very good job of that. You can also call Peggy from time to time as well. Just expect it is going to play out over 3-4 months and as some of the guys say, in the meantime "get yourself a hobby."

Sorry, Mover. That's the VA general info line for benefits questions. 1-800-827-100. Don't call first thing or at lunch time, but usually other times can get you to a real person in 20-30 minutes. As to the quality of the info you receive, or how accurate or up do date it is, believe the verbal only after it is confirmed in writing.

It's the VA so it is very hard to predict anything they do on a regular basis, but it does seem a bit odd. Have you confirmed that it was actually submitted by the DAV yet, or is it in their queue? If yes, I would call "Peggy" and see what they can see.

They have a duty to assist. That means they should be providing your military medical records; if you went a dozen times, there has to be at least some record of your problems. It's going to depend on what show; you have to have evidence what happened in the service is the reason you are in bad shape now. If you have to show range of motion in the exam, don't tuff it through; if it hurts, stop and tell them. Your dd214 may also have a notation code about re-enlistment eligibility. If it does, look up the code and see if it helps your case with the examiner. Dollars to donuts you are going to get low-balled if you get any disability at all because of the lack of detail on your supporting evidence. But getting rated, even 10%, would be a major win. Then you can appeal to increase the rating. Go in to the exam, be polite, but try to convey your a hurting dude, and wait for the results.

Like doc25 said, don't fix what ain't broke. If you are getting 100% now, let it ride.

If you have medical records, xrays, mri's, etc. that show the progression of your injuries, I would bring COPIES, not the originals , with me. Kind of late now, but you could have gotten an additional exam/ eval and a dbq from a civilian doctor as well. If you already submitted all the stuff that you bring next week with your claim, ask the examiner if they have the info and he looked at it, OR, would they like to see what you brought now. You have a lot going on and what I would do is to make sure the examiner has all the medical records he needs to make a decision. Don't push it on him; just offer it because you want to assist them in doing a thorough job.Ask them politely when/how you can get a copy of the exam as well. Remember, don't try to push thru the pain during the exam; try to relate how you act on your WORSE day. Lastly, try to work into the conversation how bad it is, and how it is extremely difficult to work now, never mind 5-10 years from now. I would be good to get positive comments from the examiner about your future unemployability. Think future TDIU. I think your mind set should be positive, but unless you are really lucky and most people submitting claims are not lucky, you should be thinking that you are probably going to submit a NOD because they are going to low-ball you on your claim. Hope I am wrong, but...

Sure is a lot of good comments on this. On the payment of a lawyer or agent I'm pretty much in line with Alex and Bronco. You do your homework, weigh it all out and if you come to the conclusion that you need to hire a lawyer, you do the best you can and settle on a fee. No sour grapes on that, if you don't like the results, don't enter into the agreement in the first place. As for using this to vent, not so much. I go along with Shrek on it; I'm here to learn and, with a little luck, I can pick up something that maybe I can use to help another veteran out. If I have some knowledge I can share along the way, all the better. As the saying goes: "A smart man learns from his mistakes. A wise man learns from the mistakes of others."

Travel pay starts at 30% s-c, but you have to submit every time; it isn't automatic even if it is for repetitive medical treatment like acupuncture or PT for example. You usually can submit it to any major VA Health Center, but check with them first. The first 6 trips (going to and from your appointment would count as 2 trips) have a deductible of $3.00 each way, but after $18 there is no additional reduction for the month. They even pay for tolls, etc. DON'T double dip with a buddy and both of you put in for it if you car pool; the VA considers it fraud and it isn't worth it. The reason they provide travel reimbursement is some veterans actually miss appointments because they don't have enough gas money. It happens; I saw it in person.This is one way you could get a buddy to give you transportation. I understand just recently you no longer are mailed the check, but it has to be a direct deposit just like your disability check is. Use form 10-3542 for travel, for requesting the direct deposit use 24-0296 or call 877-838-2778. You need to get the bank's routing and account number. Obviously be accurate.

CPAP's are a necessary evil. For some folks, it can be a real challenge to get used to, but you have to keep at it and find something that works. You must not give up on it.I changed my mask and hardware 4 or 5 times before I could get it somewhat comfortable. But it makes you breathe; kinda important ya know! One more thing. On occasion, it can also cause heart issues. The forced air can sometimes cause a cardiac issue called dilation, or expansion of the heart.Could be a 30% disability rating for IHD/CAD. Have to be diagnosed by an echocardiogram however.

Great news dwilli; we are all glad you finally got confirmation!

If you file a 1151 and win, is the compensation a 100% P&T to the veteran for that disability, or is it a separate lump sum settlement from the disability? Just curious.

Thanks guys. We will consider the 1151, but I doubt if there is really negligence. With the VA, there is always a good chance of incompetence, but maybe not negligence in this situation. Thanks.

I assume that if the VA prescribes meds for a s-c disability and those meds end up causing new additional disabilities, they are responsible for the new disability. But is the VA also responsible for a new disability if they prescribe meds for a non-service- connected but treated medical issue over a long period of time and the veteran develops a new "disability"? Example , the veteran is prescribed b/p meds for non s-c hypertension, but the meds, over time, cause a new problem that has a diagnostic code and you can link the 2. What do you think?

The way I look at this claim business is pretty straight forward: if you feel you have been harmed and your claim is legit, file again if you get denied. Get the SOC and their reasoning why it was denied, and work on a response. If it gets denied, repeat. Get help if you need to; the lawyers only get a piece of the action if you win the case. A no brainer; getting something back is better than nothing. If you have a disability, keep on trying. It only cost you time up front. Once you do it and submit, time keeps on going whether you submitted again or not. And as my veteran friend always says "dont let the b*****ds win!"

I have OSA also but the replacement masks are an issue for me. You can get 3 masks a year and you have to treat them with kid gloves. Clean the hardware weekly but be very careful with the masks as they tare easily, and as Brokensoldier said, they aren't cheap. I usually have to buy 1 or more replacements a year. It is probably because I am so restless. It takes some getting used to, but you have to learn to sleep with it. A lot of people just give up and don't use it, but remember it forces you to breath; it is stupid to quit trying to use it. If you file and receive a disability, it is usually rated at 50%, so it can really help on getting you SMC going forward.

That was what I was thinking and why I asked about the 70% combined. There is no other clarification in the decision letter? You should enclose it in your response after you reedact your name, soc. security number address etc. so we can see the VA response. It really could be as simple as the RO is just trying to low ball you and hope you just go away. They make stupid errors because they don't read evidence all the time.

I don't know if his 70% includes insomnia and some of the other things you mentioned because of the pyramiding effect. But if you have been handling all the financial things in the house, I would just let it ride and not rock the boat. Some of the other members can join in as being a lot more knowledgeable than I, but I also know that if the VA appoints someone else to oversee his finances, it can really lead to some heart burn.

Are you 70% combined, or 70% just for one disability, PTSD. 38 CFR 4.16 reads: Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501) (b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a)of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. The decision letter doesn't provide any additional explaination?

Berta, this weekend can be a tough one for a lot of folks. We all handle it in our own way. As the saying goes, ya do what ya gotta do.