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GBArmy
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Posts posted by GBArmy
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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.
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Great news dwilli; we are all glad you finally got confirmation!
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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.
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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.
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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?
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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!"
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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.
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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.
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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.
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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.
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Hi John. It is great that you get so much relief from your CPAP machine, often people have a really hard time adjusting to it while sleeping. Usually, it is the other way around; heart issues can be caused by osa and sleep apnea. Not impossible, but you will need to get a really strong medical nexus to make it go.
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Tbird/VA Disability Compensation Benefits Forums - HadIt.com Veterans
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Alex, Bronco and T-Bird and, all the terrific people that contribute to this site are flat out fantastic. I would be proud to call any of them friends. What I have learned my short time on this forum is that these people are taking up a lot of their time to share their knowledge and help our fellow brothers and sisters try to beat the SYSTEM known at the VA. Most of the time their advise is correct because they have been there, done that. It sure beats going out and trying to invent your own wheel. And I would like to think that everyone that responds to a veteran's issue is trying to help that veteran, like Alex says, by paying it forward. I have had help with my claims and that is why I try to pitch in when there is something I can contribute to, which takes a little of the burden off the regulars. Make no mistake this forum is the best I have ever seen, and it is due to the great advise given. Thanks to ALL involved, and keep it coming.
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From what I have seen, when you win your claim, the fee to the lawyers is automatically taken out of the settlement and you get the balance. I also believe that the VA is supposed to get a copy of your contract with the lawyers and they are supposed to make sure that they aren't charging too high a fee. (I seem to think the "normal fee" is 20%. plus expenses such as costs for IMO or dbq's.) If that is the case you should be able to get an answer from the VA Benefits office.
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Yes, put in for the claims. If you have a "long list of doctors looking at you feet", get copies of their exams/diagnosis from ebennies. You should request all your medical records also, and more than likely get a new medical opinion that is favorable by documenting with a dbq. If your new condition/claim is secondary to your original disability, a good nexus letter from an outside specialist is going to have a great bearing on your new claim. And no, I agree with Bronc, if your disability has indeed gotten worse, not better since your last C&P exam, you don't have anything to fear about a reduction. You might even be lucky and if it has gotten worse, you could get an increase. First step is to get hold of you medical evidence and see what you got.
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Berta, so to get your C-File per your instruction, a couple of questions;
1) do you request it by return receipt requested and mail the request to Janesville, Wi. ?
2) if you have an open claim/appeal, will that in itself cause a delay in the claim or the request for the file?
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Vinny. You need a good IMO; espophageal cancer is not listed as presumptive to the dirty water at Camp Lajeune. Do your research. Look up what are the best hospitals that treat that awful disease. Read articles and, more importantly, the specialists that write them. Contact them and see if they can write an IMO connected the contaminated water with the disease. It has to cite studies or clinical events that show the connection with contaminates found and they cause cancer. Be sure they say that in their professional opinion "it is more likely than not" the the ec was caused by the water. Have the doctor show his professional resume/credentials showing his opinion is creditable. The IMO is going to cost you some money, but it is probably your best shot.
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thanks Oceanbound for giving a real personal story of what it is like to get what you deserve from the VA. It isn't easy dealing with the VA, and I'd bet my last nickel that it never will. But this community helps those who reach out to it and tries to make it a little easier, and hopefully, a little less wasted effort/time for the veteran. Again, it is encouraging to hear what others have experienced and are willing to share that knowledge with us.
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IMHO the Senate isn't going to let what happened last year to happen to this one. I believe the Senators took a lot of heat. With the House passing it 400 something to zero, there is going to be a heck of a back lash if it doesn't pass again this year. Rightfully so. As the saying goes, "if you don't take care of the veterans after they have made their sacrifices, you wont have to worry about that for future veterans. There wont be any."
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I wonder if it wouldn't be a bad idea to get a copy of the emergency room report/diagnosis to your C&P doctor. I can't imagine it would do you any harm and might influence a better eval from the evaluator. Not sure how to accomplish it? Maybe the hospital patient advocate could help?
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GERD should likely have a connection with PTSD, IBS, because of the meds you take.
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Shrek GERD can be connected also to code 7346, related to hiatal hernia under CFR 4.114 From what I have found so far, a common secondary from taking some meds, sometimes for PTSD treatment over time. I don't know if you served in Nam or not, but I have not yet found any connection to A.O. If you are diagnosed by VA for GERD, they should prescrib meds; I have taken Pantoprozole for years and it does help keep the acid reflux under control. Sometimes it can develope into Barrett's Syndrome which can then turn into throat cancer. Certainly doesn't happen all the time, but you want to stay on top of this. Good luck brother.
Did you know A Veteran may be eligible for Beneficiary travel
in Eligibility - Veterans Compensation Benefit Claims
Posted
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.