GBArmy

KBVET That's the correct phone number, so yes I would expect no response is due to the Covid flu problem. Probably no staffing coverage.

Buck I should think you could submit an IRIS request on it; it's claim related.

Texasvet You have a lot of moving parts so you have to take small bites of the problem. To keep all your questions and responses in one place so people can follow your progress, keep posting against this email thread at the end of the comments section. Turn off you "caps" selection on the keyboard; no use to keep "shouting." First thing you need to do is get a power of attorney; call the Veterans Advocate office and ask them what form you need that the VA will honor. (They probably can answer some of your TriCare questions also, but you can get responses here at Hadit and elsewhere on those. I don't have Tri-care, so I will leave that to others.) #4 and #5 SS to the survivor is half what the deceased persons benefit, so if he received $1000 a month, she would be entitled to $500. However, I also believe there may be a significant reduction in SS payouts if the person is in a nursing home. You have to contact the SS office to get info on that. #6 No, if he is rated at 40%, she won't get DIC. He has to be rated at 100%, or, to have died as a result of the service-connected disability. Most people can't link DIC to a hearing disability. If you could get him upgraded to 100% by increase in his current or additional disabilities, then there is a small window for DIC. I would talk to a county Veteran Service Officer (VSO) maybe, Texas Veterans Commission ? It's a long shot but he may be able to get TDIU because his hearing loss is so severe; check with them. #7 See #4 & #5 above. Hard to believe one or both of them don't have medicare; check with SS. Note you may need that power of attorney for that as well.

Not filing within a year (for presumptives) is NOT a valid reason to deny. Your lawyer hopefully pointed that out in your appeal.

Hucast21 It sounds to me like your lawyer is of the opinion your case evidence is strong enough that you don't need a face-to-face hearing. You should be asking him if that is the case and see what else you could add that would be stronger if met in person. If he is correct, then yes, it could proceed much quicker for you. Just be sure you are on the same page with the lawyer.

If everything is as you say regarding the wording from your VA staff (Doctor, or?), and it is in your file with the other recent evidence, it would appear you have a good chance. I assume to are rated 100% TDIU; if so, then if your over 55 years old, and you can't work due to your disabilities, then if the C&P examiner says that your rating will continue at 100%, I would suggest that you ask him/her if you could now be considered for P&T. You have nothing to lose since you just got a confirmation your rating would continue IMHO.

S-C means service connected. You need 3 things for a successful claim: 1) a current diagnosis by a doctor of an illness/disability; 2) an event or exposure or injury with evidence that it occurred while in the service; and the 3d which is a connection or SERVICE CONNECTION that links the two. A doctor can usually provide that link by a nexus or Independent Medical Opinion, IMO, that the current disability was caused by the worsening of the original injury for example.

John999 I would call Peggy, 800-827-1000 and ask the rep if they received the letter pulling the claim back. It should be in your file. If it isn't, ask him/her what is the proper way to pull it back, like what form, where does it go, etc. It probably gets routed to the claims intake center in Wisconsin, my guess. But yes, you want to get that out of there. If you are at the top of the rating for that disability they can and will pull your file and quite possibly have you in for a new C&P, and who know where that will lead. I'd jump on this first thing Monday if I were you.

VietnamVet1969 I wouldn't word it that way. If a veteran is granted a disability and has it at that rate for 5 years or more, the VA can't call you in for a C&P, find that you have" improved," and propose to reduce you without another exam or other evidence. If a veteran prior to 5 years, doesn't go for exams for treatment and otherwise doesn't show any signs of reaching out for medical help, the VA "assumes" that since he didn't seek treatment, he MUST be better. That is why it is important for veterans to continue seeing their doctors. If the veteran does go to a non-VA doctor, he should be providing progress notes into his medical file. If you are over 55, or, your disability is considered to be "static", it offers somewhat the same type of assumptions; that is, you also shouldn't be called for an exam then. You could call 800-827-1000 and ask the rep is your particular disability is static or if you will be scheduled for another future exam.

Ranmic If you're confident about doing it yourself, go for it. Broken soldier has experience at work as well as his own personal experience, so I'm confident he is right. But personally, I can understand that you might want to gather a bit more evidence. If you are thinking the same, you can have your cake and eat it too. Submit an Intent to File (ITF) and continue to gather more evidence. Go to sessions/appointments and be sure they are entered into your medical files. After a bit more, you can submit your claim and still protect your earlier effective date EED, which was nailed with the ITF. Just be sure you submit before the ITF expires in 12 months.

I agree with the advise given but would make this even stronger. If you can go to claims in VA.gov, go to letters and print out a hard copy of what your husband's disabilities and status are. Or, get a VSO to print this stuff out for you. be sure your latest diagnosis and progress notes are posted in his medical files and bring a copy with you to the C&P exam. Make sure the examiner knows his latest current condition. No need to bring 4 inches of data files, just the current or it won't be looked at.

Kanewnut Find out who the head honcho, Director, of your RO and address it to him/her. They don't like to be single out on a problem.

Ammo6998 Getting OSA disability, a 50% rating if you need a CPAP, is no easy deal anymore with the VA. Did your friend's buddy letter state he witnessed his symptoms prior to his move to the night shift? You can also provide a buddy letter if you witnessed ( continue to witness) his OSA since he got home. Dr. Anise is a lawyer and a doctor. If he takes your case it means he believes you have a good shot at winning. He's not cheap, but it sometimes makes more sense to go with a proven winner. You already were denied, so IMHO going with a top gun makes a lot of sense.

Horan You may be correct on her qualifications, or lack thereof. What you had was called a paper audit/review of evidence in your file, called A.C.E.. Very common, especially during this Covid19 deal. If you want you could check with a VSO who can view your file thru VBMS system and tell you what her report on the dbq says. If it is denied, submit a letter to the RO immediately saying she wasn't qualified because she didn't do x, y,z. If you don't have that kind of argument, appeal when you get the decision letter, either HLR or BVA. Welcome to the hamster wheel called VA disability claims.

Berta, yes I was in-country "boots on the ground" as the saying goes. When I talk about "Vietnam" veterans, I am referring to all that meet the VA's definition. So, as of last year, that includes those Navy and Coasties that served within the 12-mile limits. Some also meet the criteria if served in Thailand under certain conditions. Personally, I don't believe we will live long enough to see the VA be all inclusive to those that were exposed to A.O. 3 new presumptives are now included in the law recently past and the VA has to start allowing presumptives for bladder cancer, Parkinson's and hypothyroidism. But notice, the National Academy of Sciences, who is directed by Congress to provide any recommendations (like those 3) found/reported that Hypertension was even more likely to be presumptive. Congress didn't include it in the law. Why? Money. So IMHO, It's going to be a while before Congress holds the VA's feet to the fire again for HTN, because they won't want to spend the money because of the ballooning deficit.

"We closed request # (x) only means that the VA reviewer saw that some action has to be done, and put in a "request" to get it going. For example, request a C&P exam be initiated. Once the "request", not the actual physical, is inputed to say request VES do a C&P, that "request" is closed. It really doesn't mean anything to you, and, Shrek is right on. You don't need to watch ebenefits move stuff around; it can drive you up a wall.

Shrek So this just showed up yesterday and you don't have any claims open? Did you contact your Rep yet to see if there are any clues in VBMS? I also would call Peggy just for chuckles and see if you can learn anything there.

Carlos We assume you are a Vietnam veteran to be using the "presumptive"; it applies only to Vietnam veterans. See diagnostic codes 7800 & 7901 for rating criteria. Basically you are rated at 100% for several months, then you have another C&P and they will rate yours on your residuals, the same as they would for prostrate surgery, for example. What those "residual" symptoms are are not very clear. If you use a non-VA doctor, you might want to get an opinion letter as to what the symptoms are that you currently have and submit it into your medical records. It is a great opportunity to get a low ball rating by the VA.

Good advise from Hamslice. I always bring a copy of my evidence to the C&P exam. I would say something like " as evidenced by x,y,z". By the way, if you didn't see that, I happen to have a copy with me..." Most of the time the examiner has seen and declines the evidence I brought, but sometimes it was not seen for whatever reason. If you are polite and don't force it on them, it usually goes well either way. But sometimes, yes, it is very important because the examiner can say, ok, he will check it out, but not do so later, and there goes your evidence.

Berta's advise is the best. But know that it isn't going to be easy. The VA isn't going to roll over for sure. Do your homework on a good VA Tort lawyer.

Buck Send a message on secure messaging and ask when you will get it. I'd put in there you are rated 100% plus major issues, like heart condition, diabetes, etc. Regarding the PuC you have, I don't know how big the VA health Center is, but you can always request a new doc you know. BUT, the devil you know may be better than the devil you don't!

Vync Conrats! More imprortantly, a 60% rating is nothing to ignore; your symptoms are serious. Be sure to follow the heart doc's instructions. Take care, brother.

Good job by you, El Train. I agree, you go further (most of the time) if you keep your mouth shut. Just give the examiner enough rope and if they do you wrong, itemize in your formal complaint why you got the short end of the exam. If they smell a rat, they may cover up some of what they did wrong. Don't be the smartest guy in the room.

Broncovet's advise is spot on. Contact NVLSP and hopefully you can connect quickly. Barring advise that would be contradicting, which IMHO is very unlikely, you have to resubmit. Just thinking that the VA is going to sift thru all the denials and find yours and then contact you for additional info, etc. doesn't seem like it could possibly happen in a timely manner. Way too much room for error on VA's part.I should think waiting all these years is long enough for you; submit your claim. Hopefully, your effective date goes back to the original submittal date reference Neimer. (NVLSP can also opine on that as well.)

Beeps I don't know anything about your disabilities but a few facts should hold constant. Know your diagnostic code and what is required in way of symptoms to get to the next level of disability rating. The second thing, and you already hint at knowing it is you should get a qualified specialist to state that the what your treatments are and that they constitute treatment for incapacitating episodes. If you don't have the episodes, seems to me that you wouldn't meet the higher rating criteria, whether there are qualifying treatments or not. But I'm no eye doc either. You need a statement from that doc that says so.