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GBArmy
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Posts posted by GBArmy
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Your effective date goes back 7 years so you are going to get a nice pot of $. Be sure you are not short changed.
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I should add this may be helpful for you https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/
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Hi Millis Welcome to Hadit. Oversimplification:
The VA pays additional $ to veterans who are already rated at a combined rate of 100% if he or she has additional disabilities that are service connected that are at least an additional 60% rating. The rate increases if you have dependents.
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Dingo Getting "checked" at the VA for hearing doesn't necessarily mean it is the same as an exam for disability. VA Benefits (disability) avs.VA Health (health care.). Different systems and they don't talk to each other. I question the adequacy of the hearing exam. Did you get a copy of the medical report,. What were the values. If you didn't get them, get them. If you really want to do this, then get a private audiology test done and see what those values are. The VA uses a test method called the "Maryland Test." That is what you would use to compare apples to apples. If the results show you meet the min scale for compensation, submit a claim. However, since you are 100% P&T already, be sure you want to do it. What would you gain? If you are not clsoe to getting a SMC, I don't know that I would do it myself.
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Advice provided makes sense. You won't know until you receive the award letter, and then go from there.
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Wico You could call "Peggy" at 800-827-1000 and ask for a copy. You should be able to get it after 10 business days. But what I think you really need to do is get a copy of your C-file, which will have a lot more info regarding your medical records and claims. Submit a FOIA request (20-10206) and sit back and wait. I also suggest that you submit an intent to file (21-0996)to try to establish as early as possible an effective date for your new claim. You have a year after submitting the intent to keep the date.
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Yup, just got mine also. IMHO it's about time. Either that, or find a place to work that will prevent them from spreading Covid to already compromised veterans.
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pawmbi That is really interesting. You are talking about a C&P exam that is not performed at the RO but at one of the subcontractors correct? They can provide timely if it was done directly by the VA. I'm not sure why it is a different standard. VA "rules" I guess.
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Rgfrte Welcome to Hadit. This is a state benefit so it's going to be a little thin on getting someone from Mass to advise based on getting personal experience. I would think that the rules are still in affect but why don't you call the help line number and get it right from the source. What is the beef with your VSO specifically? If you think he doesn't know what he is doing or you aren't hitting it off, get another VSO.
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Tony M Welcome to Hadit. If you use the prev button at the bottom of the thread you will see the answer ex. 6/25/21. Now, when the VA acknowledges you have an appeal, they just give the lame status as "comp issue." No explanation, no real useful status update. They won't tell you anything on the site until you receive your decision letter. If you call "Peggy" at 800-827-1000, you may gleam a little knowledge depending on how you ask the info. Ask questions as "did the C&P exam get posted yet from the contractor that did the exam? Is it being worked at your Regional Office (RO), or where? Does it show I have to have an additional C&P exam? But mostly, you won't find out anything useful on status. The the VA Way.
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Cloudbuster
If you can get the rating increase with the new disability AND you also may have a decent shot at getting sizable backpay, make the investment and get a good lawyer. EED's are a difficult nut to crack and lawyers have a lot better chance of presenting the argument and getting approved than a veteran by himself IMHO. Others may disagree and think you can do it yourself. And maybe you can, but you have a lot of moving parts and I would be looking at it as hiring a lawyer to get 100% and nice backpay as an investment that would most likely improve your odds of success, especially if you end up going to the BVA. That's my 2 cents.
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Cloudbuster If I read you correctly, your 8 disabilities give you a combined rating of 88.66% (not considering bilateral.) Anyway, you are rated at about 90% combined. You have to do some basic leg work and figure out if you can get SA at 50% or not by your symptoms, with the prescribed CPAP machine and what that would do for you on moving the needle. I think you are very close BUT the VA isn't about to do their Santa Claus stuff just for you. They are very hesitant of handing out ratings for SA, especially if it can get you to the hondo club (100%.)You make the 10 year rule so it is a little harder for the VA to re-adjust your ratings downward, but there is a school of thought that if you don't increase your combined rating with submitting a new claim, you don't do it, or at least delay submitting until your conditions, including any new disabilities or increase would bump you up.. The major exception I would think is if you want to get it service connected anyway because of the potential it could lead to your death.
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I agree with Brokensoldier especially on calling out a specific disability. If you don't have a doc's diagnosis, don't try to be one. Mental health symptoms especially fall under this umbrella. Don't say I have PTSD; say I have a mental health problem that may include, but not limited to anxiety, depression or PTSD. You ask for a disability for PTSD and it could be denied, where the VA may be able to define and grant your MH condition as something else (less stringent criteria.)
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I'd agree with Shrek; ebenefits or on VA.gov is the correct place to start. But I would add that when I was talking to the Health side, I'd make sure they have it changed in their records also.
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GZ1 Welcome to Hadit. People get a little mixed up on the title "secondary conditions." If you have a VA granted disability, that is a primary condition. If you also submit and get granted an additional disability because your original disability has caused or made worse the new one, that would be called a secondary to the original. For example, you get service-connected (s-c) for headaches and awarded 10%. However, the aspirin and NSAIDs you take cause stomach problems resulting in GERD. GERD would be secondary to the headaches at 30%. So the secondary is a higher rating than the primary. Happens all the time. Once granted, you should forget about the title secondary; you now have two disabilities. And, once granted. a secondary condition can lead to its own secondary conditions. To continue, you then may develop a MH condition such as depression or anxiety because your GERD impacts your work and/or interactions in social life. You need to develop your claim with strong evidence with a nexus that the SA is caused by your respiratory issues already approved. You doc has to provide technical/medical articles/studies that show the link IMHO.
- Fat and ShrekTheTank
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Buck We are all pulling for you and the Mrs, Our prayers and thoughts are with you. Keep the good news coming!
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Hi Donny Welcome to Hadit. PSA is very difficult to get service-connected because if you are prescribed a CPAP machine, as it is a 50% rated disability. I would suggest that you haven't proved s-c; more than likely the nexus letter isn't strong enough. I would get an additional IMO from a sleep doc that will counter what the c&P examiner has to say. Get a copy of the C&P exam and react accordingly. If it isn't strong enough evidence, going to BVA probably won't work without better evidence. If you want to redact your personal info and then post it on this link, we can look at the nexus. It would be hard to get it secondary to your knee IMHO. Maybe sleep disorder because of constant pain. Research secondaries to your knee disability also. Example does it alter your gate, cause you to walk differently, pain meds cause GERD, back injury from your altered gate, other knee problems., etc. You have to do your homework.
- ShrekTheTank and pacmanx1
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Squanto Don't get too tied up in geography; a lot of this stuff can be resolved without going in person to the lawyer. You need an IMO from a psych doc that can diagnose a MH condition and tie it into your in service event. If they can do a dbq, much better than depending on the VA to provide for you. If you get a lawyer, they will suggest going to a doc that they have referrals to to provide those things. Do you have anything in the service that shows mood changes etc, as evidence while in service? STR's and other medical records that will support you? As for the asthma, look up diagnostic code 6602; it is based on how your symptom rate against the criteria. See https://cck-law.com/blog/va-disability-ratings-for-asthma/ Never request an increase for a service connected disability if your symptoms don't match up with the symptoms of the next higher rating. So, compare what your conditions are and decide if they really do add up to a higher rating. You can also get a specialist to do a qbq for those symptoms. You would google dbq for asthma or whatever you are trying to increase.
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Squanto Don't get too tied up in geography; a lot of this stuff can be resolved without going in person to the lawyer. You need an IMO from a psych doc that can diagnose a MH condition and tie it into your in service event. If they can do a dbq, much better than depending on the VA to provide for you. If you get a lawyer, they will suggest going to a doc that they have referrals to to provide those things. Do you have anything in the service that shows mood changes etc, as evidence while in service? STR's and other medical records that will support you?
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David Welcome to Hadit. It is a David & Golliath thing. Or maybe Don Quiote. Whatever. Point is that it is the VA 's process and we have to abide by their rules. Or we don't play. (You might observe that the VA doesn't always abide by their own rules, but we have to work within the system to overcome that.) So, most of us spend our energy on trying to help our brothers and sister veterans how to use the system. Many things in life aren't fair. How about a speeding ticket? You go 5 mph over in a 30 mile zone and the fine is $40. If you go 45 MPH in the same zone, should the fine be $120 or $500.00? You could work the legislature to make the fine more equitable, but for me, I'd rather do something more likely to yield results that make a difference. You sound like a smart guy. I hope you stick around, learn the process and contribute.
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Squanto In no particular order a short list I would start with is CC&K, Hill and Ponton, Woods and Woods, The Veterans Law Group and Perkins. The issue is often they have a lot of work and they tend to specialize in certain area more than others and sometimes that leads to better representation in certain areas, such as MH and PTSD. Google your disability and see if any of the more reputable lawyer groups have a video or on-line article on it. Certainly ask more than one and ask about their success rate and especially your disability.
- Squanto and ShrekTheTank
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Hamslice The Boy Scouts's motto fits here, just "BE PREPARED." You'll do ok.
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Brokensoldier244 That a boy! Great work!
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MostdaysIhavenpidea We need the Caliza elements for a successful claim. IMO is an "opinion"; IME is an actual physical exam which also includes the opinion. A nexus simply means a connection or link between the event in service and the current diagnosis for disability. You do not usually need a nexus or IMO if you already have a current diagnosis, or if you are going for a rating increase of an already granted disability. But they are used to evaluate and document the affect of your symptoms as they relate to the severity of your disability. In theory, if you provide a fully compliant dbq, you should not need a C&P exam done by the VA. That's the theory. But usually you have to go to a C&P because what you provide with your claim is not adequate to develop the claim.
Update on my wife health
in VA Disability Claims Research
Posted
Buck That is great news; we all are really please things are turning positive for you and Brenda! Just a word about you. This is also really stressful on you. Be really sure you are getting enough rest. With God speed, you'll be doing the caregiver for her after the next operation very soon. You want to be in the best shape you can for that which includes being rested up now while you can.