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GBArmy
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Posts posted by GBArmy
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Write a letter and submit (fax) to your c-file (Janesviile.Wi.) for new evidence. Bring a copy with you in case the examiner hasn't seen it in your file.Go to the exam. Bring your favorable evidence also. If denied, appeal to BVA; don't even bother with HLR. Be cool, you'll win eventually. Just keep the eed date going!
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Well if they are truely working on it and then you get a decision that is low balled or denied, you have a year to appeal. But I'm not sure I'm in the same boat about assuming you should give them "the benefit of doubt". When they are evaluating a claim and the favorable decision would result in significant back pay, the VA has a nack of getting really good in-house legal scruitany. Best of luck Kitkat going forward on this.
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You may have an open claim that has not been decided. I would contact a few of the law firms mentioned on Hadit for evaluation .
Could be significant back pay if you submitted additional evidence and they did make a decision.
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I repeat, contact someone like Dr. Bash
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If we have a new member, and they jump into a previous discussion, I sometimes just try to answer their specific questions rather than get them frustrated and not continue. The correct way is of course to recommend that the new post starts out new and then it is easier for everyone to follow. If there is a follow on later on, that is what we can do to keep it nice and clean. My point is I don't want new veterans coming on board and getting frustrated right off the bat. It's just the way I roll.
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If you are 100% P&T, what are your ratings for your disabilities? Do you have one rated at 100% and then another one rated at least 60% rating? If you do, that is called Special Monthly Compensation S or SMC (S), about an additional $400 a month. Can you get other disabilities that you haven't gone after because you were told tah 100% is the max; it's a lie. See https://www.hillandponton.com/va-benefits-special-monthly-compensation/#:~:text=SMC(s) is available to,of a service-connected disability. Point is if you are rated 100%, especially for a single disability, you may have symptoms for additional disabilities as secondary and get more comp. The VA just passed a law that provides additional comp for aid at home see https://www.caregiver.va.gov/support/support_benefits.asp
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You probably will get an assistant and they will find out what your objective is, and then schedule a call. He does charge a fee if he takes you case, but you have to see if he has a concept of what your problems are base on your symptoms are. If you do proceed , you will need to provide a lot of your medical records for sure.
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Congrats!
Several of the others have recently received the same rating so I'll leave it up to them at advise. You should also consider SSA and be sure to check out youtube videos; there are several that are good .
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Welcome to Hadit Kitkat.
I would suggest to contact Dr Craig Bash, 240-506-1556. He has a fantastic medical background, including neurology. He writes nexus letters and dbq's for disability claims and I would be surprised if he could help you or stear you in the right direction. even if you didn't sign on to his services.
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Hi HME69-71 Welcome to Hadit You have to get evidence where you were and the location has to be in or near the DMZ and/or proof that AO was used there. ASCOM Depot isn't close enough. I believe that Kimpo AF Base is next to Seoul, so that wouldn't be close enough to the DMZ either. If you can't prove exposure then you can't win presumptive. If you were exposed to other chemicals, like working on a flight line exposed to fuels and chemicals on a daily basis would be an example, but that isn't a AO presumptive disease. You would have to prove not only the exposure but evidense that the chemicals cause the disability. What disability have you been diagnosed for?
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We cannot propose that a veteran should consider NOT going to a C&P exam. It doesn't matter if a veteran has done so and then ultimately won their disability or increase, the vast majority of veterans of veterans who try to do it will certainly lose their case. Then they have to appeal with probably legal assistance and heartburn. Just go to the damn exam is Hadit's opinion. Hadit does not give out legal advice. We would be liable for that. It is not a subject we want to get into so please stop saying you did it (under your own specific facts) and encouraging veterans to do it. You have been advised to follow the rules; please do!
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If your actuals doesn't meet the high bar, those are the rules. If it is marginal, that's better than having to take meds, and the disability itself. Find out what you can do to keep it below limits, like lose some weight and minimize salt etc. Most of us would rather not have the disability and symptoms than the money the VA pays out for service-connection IMHO.
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No, you don't go off your meds. The requirement is an exception: if you are on meds, for 95% of us, your b/p will be controlled. By controlled, I mean less than the 10% rating for compensation for the disability. (Diastolic of 100 or higher.) But if you can provide medical records that show what it was before your original doctor prescribed the meds for you, it is evidence they have to consider. see the VA m21-1 manual " M21-1,V.iii.5.3.e and V.iii.5.3.b
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Agree with Broncover. It isn't rocket science to expect serious MH issues such as depression or anxiety can occur because of S-C disabilities. You just can't do what you were able to do and it can wear you down. I would agree that it is super important to come in with your claim a doctor's IMO or nexus that talks to your symptoms., rather than submitting and expecting the VA to come in with a diagnosis. Review your symptoms to the criteria called out in 38CFR 4.125 to 4,.30. Keep in mind all MH disabilities are rated under the same criteria, so whatever they diagnose you with will be fine; you don't care about what they call it, ust getting the rating. A good article here to review https://www.nolo.com/legal-encyclopedia/how-the-va-rates-service-connected-mental-disability.html
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You should file a new claim for CAD coronary heart disease. It is presumptive to AO., as is Parkinson's I am assuming you are a Vietnam Veteran. 0% rating would be appropriate if you have no RESIDUAL effects from the heart attack. You would get 100% for a few months if your claim was submitted while recovering, If you do, look up the 38CFR4.104 to see if you get a minimum of 10%. If you do, and it is in your medical evidence already submitted, file a HLR claim.
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Congrats Scooter! Way to hang in there and get what you deserve.
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Chris41 Welcome to Hadit. Best bet would be to contact their help desk and see what you need to do. You can get the number by calling 800-827-1000. They should be able to get you to someone to help.
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If you put in a pending claim for htn and your a Vietnam veteran, the VA isn't going to process it until January 2023. It doesn't matter if you claimed presumptive or not, they won't because they have a 4 months pass to delay because of the PACT Act. nWe gotta live by the VA rules whether we like it or not.
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Vync Seems that they should at least record the factual numbers. If the first reading is high, they do it again (and again). Happens to us all, but common sense would dictate that a reading is a factual number and should be of record. Happens all the time that VA has their rules and they (may) follow them, but we have to follow them in every case whether it makes sense or not.
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Packmanx1 You're correct; I missed it.
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This is just spitballin', but with all that going on, including tinnitus and pain, you might consider a MH disability. Quiet possible you have limited social interaction because of them. I'd check into the cfr on depression and/or anxiety if I were you. Easily could be a 10% rating or even 30%.
Flat feet
in VA Disability Claims Research
Posted
You need a nexus from a medical professional that YOUR symptoms are secondary. The med examiner may or may not know that, in general, this CAN cause that. But you need a med professional to say YOUR primary condition "X" causes "Y". Get a good nexus letter.