GBArmy

Bigprive Welcome to Hadit. It is neither. The VA found missing info, possibly an incomplete DBQ or something that needs further development. If you want a possitive spin, it is good because without the info, you likely would have been denied. Just go to the new C&P; don't miss it.

Brokensoldier Just noticed you recently received a MS degree. Congrats to you!

I like the "GRANTED" part. You need to see something in writing. To you and I, granted would mean you wn your claim. But that doesn't necessarily compute. You still could have to do another C&P to determine the extent of your disability, or to determine your effective date for example. I'd call Peggy at 800-827-1000 and ask the rep what they can tell you.

I believe Xanax is considered an opioid, and the VA has reduced the usage of opioids considerably, like 50% over the last couple of years. You probably will be reviewed as a potential candidate for a change. By the way, I noticed that Xanax can cause erectile dysfunction(ED). If that includes you and since it is prescribed by the VA, you should consider a claim for SMC(k); pays out an extra $111.00 a month.

Great info share on A.O. by Berta, as usual.

Usmc03031 Welcome to Hadit. I'm not sure what your question is. Are you saying you have arthritis in your back and it was secondary to a MST event? Do you have a VA disability; when and what rating? Any others approved? Can you explain further.

Jfrei No apologies needed here on Hadit; getting thoughts translated to a post for someone to read is a challenge for most of us, myself included. If we're not sure of what the situation is, we ask. Nobody's perfect here.

Nice heads up, Buck! A penny saved is a penny earned.

Go to BVA, no question. You file HLR on this and it will be a rubber stamp denial.

Make sure he uses the correct revision of the dbq form and he completes it. Pay attn. to the part where he sees you in person and is your treating physician .Strong professional opinion is the trick. If denied, you check the curdential yours vs. the VA's doc and you can issue a challenge. I would suggest you prepare the claim assuming you will be going to the BVA.

Pacmanx1 I just looked at a recent decision package; The "decision " letter starts off...We made a decision on your VA benefits." It states my combined rating evaluation the old ratings and then the new one , and then the effective date. Ex Combined rating eval 60% effective date 1-13-19, Combined rating eval 80% effective date 2-21-21. Later down it says "what you should do if you disagree with our decision." It says "if you do not agree with our decision, you have one year from the date of this letter. It then goes on to advise the 3 lanes for appeal. I would add that the decision letter is dated several months after my effective date for the disability, so that doesn't short change the veteran if the VA delays issuing the letter.

Hi Yoshi, welcome to Hadit. On an original decision, the veteran has 365 days to submit an appeal. Date is from the decision DATE on the decision letter, not the date of the letter itself.

ArmyRecruit85 Welcome to Hadit. You haven't stated much evidence on what's going on, so I would answer, probably not. Under the AMA new set up, HLR's can be put in a national queue so anyone can just grab the next one in line, so in theory, it would make your appeal go a little quicker. Add to the fact that the HLR MAY also know the original rater and somehow that might taint the decision process, I wouldn't request the same RO. You also have an additional choice or whether or not you want to speak to the HLR. You don't have too you know. If it is as plain as day that the original decision was incorrect, the evidence must show without adding any new evidence introduced. Some people get all toung tied and don't trust that they can add anything to the conversation. Really depends on the veteran and the facts presented. One thing is that requesting a call from the HLR to discuss your claim should also delay somewhat (few weeks?) your claim process also.

From what you have read, it does sound like the VA needs to further develop those two as "deferred. So, requiring another C&P may be the only way to get missing info to make a final decision.

JJM Are you a lawyer? Seriously; if not, IMHO you should be seeking professional help with experts on legalize. You're talking about some significant money here and by just missing out on just one date will more than take care of any legal fees you have to pay. Experts have problems with EED's, and to me 80% of a windfall is a lot better than 0% but saying "I lost , but I did it myself."

Hi Buck No, haven't been in contact either. I'll bet it's been close to a year since he's been active. Hope he is just taking time off to attend to some stuff and will be back on. A great one for advise for sure.

th175 If you think your evidence is weak or won't fly, then yes, I would withdraw and submit a supplemental claim with much better evidence. It really doesn't make any sense to wring your hands about loss of potential back pay. If your claim, as it sits, doesn't get approved, you don't get any back pay.

Marinr23 You need to get hold of your service medical records. You should have had an entry hearing exam and the record would show your hearing at that time. If you had any pre-existing condition, it would show up there. Now you should have had an exit hearing test when you were discharged; I know, sometimes that didn't happen. So, you compare those hearing values to the first readings; if it went down, you have hearing loss. Jn my opiniom, if your hearing on the first reading was bad and therefore showed hearing loss, then you should consider filing for aggrevation of your hearing (loss.) The VA can't have it both ways; if your hearing got worse firing off howitzers (duh), your MOS would be an automatic disability.

Combat eng We can now do it either on-line or by a hard form you submit. Here's the info https://www.va.gov/health-care/get-reimbursed-for-travel-pay/ I have to do the hard form because my address is a PO box. They won't recognize anything other than a physical address. I asked the rep how do I do that because if you send to my physical address I don't have a physical mail box to receive, she said they can't do it. You can't have a PO box AND a physical box! Duh. Anyway, go on-line if it works for you.

Fat How are we supposed to advise, we don't have any facts. What evidence of record does he already have? If he is rated at 0%, is already service connected. So what is his symptoms now; does he have prostrating headaches? How often? Once every 2 months? Once a month? More than twice a month. That is the criteria for an increase per diagnostic code 8100. So, if his medical record doesn't already show the new increased symptoms, he will be denied at HLR. (Not a fan of HLR anyway.) If it isn't in the record, get it in the record, including a statement in support of the claim (personal statement), and then submit a supplemental. If you are lacking in those areas of evidence, no matter what BVA lane you take it will fail, but that is MHO because we don't have any facts.

A1329 Great find! Good reference site for the DBQ's. Notice the expiration dates on the bottom of the forms.

Fat What was the diagnostic code he was rated for at 0%? If he doesn't know, call Peggy and ask them for it. Then you can see what the symptoms are for the next level, probably 10%. He should also be looking at what his symptoms are NOW. Does he limp, walk with a strange gate, have arthritus, constant pain, etc. You go from there; need a basis for an increase.

Perfectto-jo Welcome to Hadit. A good explanation is on SMC (k), which is loss or loss of use is here https://cck-law.com/blog/special-monthly-compensation-series-smck/ Broncovet offers a little optimism and there is some logic to his suggestion if you meet the criteria. Most certainly, it doesn't fit the "usual" disability claim because you didn't lose use of hands, feet, creative organ. But then, it doesn't say it has to be. As he says, why not go for it. Think of it as buying a raffle ticket, low risk, high return. Be creative!

My bad, sis. No offense.

DSIG In sports, you may have heard the phrase "Sometimes the best trade you make is the one you don't make." I think it might apply to the BVA also. If, after weighing the evidence, you realize it's not the right move to go for an increase or, to appeal, it can be the best move to do (or not do.) 100% rating is very difficult per the MH rating formula. For PTSD, as is the case for going for any increase, you must know what symptoms are required to get to the next level of rating for that disability, and you must be realistic about how you really stack up to that higher requirement. I also have a great deal of respect for Alex's opinion. If you have 9 years at your current rating, next year, 10 years, is the next hurtle. Take the time to develop secondary claims and make sure you have it right before you proceed. Best of luck going forward brother.