GBArmy

Wooderson Without knowing any other facts, IMHO I would go ahead and submit when you have the evidence. It's not like you're adding a dozen new claims. It could slow it down a little if the claims are somehow connected, but otherwise no. In any case once you submit, the clock is ticking and your EED is locked in. I certainly wouldn't wait.

KansasNavy Sounds like you're dealing with a lot of pain, so consider a MH disability as part of what you are going to submit, but watch out for pyramiding. I would send in a Intent to File form 21-0996 today to lock in your EED (early effective date) immediately, so you can work on evidence. Asking if anyone else has had a s-c to back for arthritis doesn't really matter. Your claim, like all claims, are unique and different facts cloud up similar situations. You must get a diagnosis on your conditions and this would be secondary conditions, so a IMO/nexus on the connection is critical. You must get a doctor to say x causes y. IMHO you can get it with good evidence. Also realize that though your conditions are static, they now will be re-evaluated as part of the development. If your conditions are the same or worse and you have had continued treatment/documentation in tour file, you should be o.k.

It really is a good example of the veteran being an advocate for themselves. Each state IS different. Some are much more "veteran friendly", like Texas. Mass, for example, pays an annual $1000 annuity for any veteran rated at 100%. Some, not so much. Lot of the time the benefits are complicated, like Flow1972 said, and you have to call the town office to find out. So it is on the veteran themselves to go on line and check it out. Or, contact a state or county VSO. Or do BOTH. If you just go by what your veteran friend tells you, you can be missing out.

Victoria I'm not sure what is happening with your posting; it is mixed up with other old ones.Do a new posting so we can help you without confusing your issue.

Gegalloway You are tagging onto an old string from 2011. Repost on a new post so it isn't confusing.

Beavercat I'm not sure what your question is: Do I have a chance? Have a chance at getting SSDI? Getting P&T?

Jedmo1961 That changes things a little; you never said it was an emergency. However, the procedure is that if you do have to go in for an emergency, you have to advise the VA of the situation immediately. I think it's like 24 or 48 hours. So, you didn't. Your argument is you thought it was covered from before the new vA procedures took effect. Find out who the head Honcho is at the VAMC and ask to speak to him. You want to emphasize that you were misdiagnosed by the VA which was a major factor. See if he can intervene with the red tape. Whatever you get for a response, send him a confirming letter. You need a paper trail here, so ask him what the correct mail stop will be. You still have a tough row to hoe, but the fact they messed up on the initial diagnosis can help you. Good luck.

coachescrew You are walking on thin ice if you don't attend any C&P exam. If, big IF, your evidence includes a dbq filled out completely that shows your hearing disability, and is on a valid, not expired VA form, and the testing performed was in accordance with the VA criteria, you might prevail. The hearing eval must be done to a Maryland test format I believe. If anything doesn't size up, you most likely will be denied. The path you should take, IMHO, is to go and take the test by the VA. You have submitted your own doctors evidence. Get the decision, and if it isn't what you feel you should be awarded, appeal the decision. Know in advance that getting any s-c award higher than 0% means you have severe hearing loss. The criteria for award is very difficult. Don't skip the C&P exam; you're asking them to find a reason to deny.

Jedmo1961 Are you saying that you went ahead and had surgery outside the VA without getting prior approval? If so, I think you have a problem. They may have not given you the correct choice, but you can't proceed until it was authorized. If you disagree with their decision, then you appeal it at the Hospital. I suggest that I'd start by calling the Veteran's Advocate at the VA hospital first. Then probably your Congressman.

You know, I just got to comment on this. There are a lot of people, a lot of veterans, that will not get the vaccine, or will wait. These are seemingly intelligent people. Don't think so? Ask around. Some feel that it will give them the virus if they get the shot. Completely untrue. Others think it should go to "others" first. What, all of a sudden the person knows more about how the virus works than the CDC? The more people DON'T get the vaccine, or who delay, the more risk there is for others who can get it from them. So being tough and brave doesn't protect others that you unknowingly pass it to who maybe aren't going to handle it well. Then of course is the fact that so many people won't get the vaccine that there will be ample population for the virus to mutate and we will get another variation of the virus just that much sooner.

Vync Best of luck on it. Sounds encouraging. More importantly, we hope you are feeling better and on the mend brother.

Ken You've been thru this before. As Brokensoldier 244th said, just do it. Don't try to push thru pain, stop when you feel the pain. If you have the disability, your movement, or lack thereof will indicate the severity of the symptoms. If you can't bend or whatever, just show that you can't. They have to confirm what movement restrictions you currently have. in order to properly rate you.

Scooter318 Most likely, there was something missing from the first exam or something else was indicated that requires further investigation. Still gathering evidence. I assume that you have confirmed and the second exam is indeed also for migraines. You could call the contractor on the letter and ask for en explanation. They might transfer you to someone who has access to more info. In any case, you must go or risk getting a denial.

Jamescripps2 It doesn't seem possible that it would be any different than what the taxability requirement would be any different than the what was afforded the previous group of veterans, like those from the '90's on. Someone who is receiving those benefits should be able to comment. It is really unfortunate but I'm afraid that those of us who were in this era won't even understand the benefit availability. Why would they expect things are "better" for their Vietnam service after 50 years? It's the VA's principal: deny, delay and let them die!"

Johnny_Drama Call Peggy, 800-827-1000 right at 8:00 A.M. or wait a couple of hours. Don't get your anxiety up; just call. We have no way of speculating and, if such and such happened to one veteran, it doesn't mean the same thing will happen to you.They may have to connect you to finance for a more detailed answer. Since you are talking to Peggy, you might as well ask what they can update you on concerning your claim, like where is it currently, is it at your RO or elsewhere. how long, next step, new C&P scheduled yet, etc.

WBrennan Interesting; learn something new every day. (In my case, it's true but I forget 3 things.) As we said, best of luck. Let us know what the response is next Wednesday.

OK That's close enough. You want to find out specifics, name, date, time, etc. Contact the newspapers in the area and find out how to research their papers. Archeives? Try https://newspaperarchive.com/?gclid=EAIaIQobChMItNPygMbi7QIVYsyzCh2M6gazEAAYASAAEgLjUvD_BwE If it happened on base, there has to be a formal report of the incident. If it did, contact the base, maybe JAG, Public Relations, etc. Has to be on record, battalion morning report, something. Buddy statement: were you close with a room mate or someone else that would have noticed your behavior after? Girlfriend, or wife if that applies? Letters home that showed your parents or others might have been concerned and had some details. Do you have your str's/medical records? Did you have any sessions with a MH professional after? If you don't have your records, request them right away. It is quite possible you had medical treatment and don't recall. If you performed CPR, along with others, m=y guess your name is in the medical/incident report. You get the idea; you have to show you were there for the stressor. You can have more than one buddy statement. Be sure to create your own statement in support of the claim also. Attack tis one piece at a time; you can do this.

OK You have a lot on your plate and a lot of moving parts is not going to help you. You may receive a lot of advise on your post, so I will start off by saying you have to have a plan. Don't go worrying about all these secondary disabilities. You have to have a disability before you try adding supplement claims. Yes, you can file a primary and have several secondaries at the same filing. I would not recommend that to you. Your main disability is MH, quite possibly PTSD. So work on that. You need an evaluation and diagnosis from your civilian doc. Get copies of your file from him. You want a diagnosis from him assuming he is a board certified MH pro. You need also to prove a stressor. If it is the event you talked about, do you have the date it happened.? Do you have the fellow's name, I.D. ? Try to get confirmation of the event. Newspaper article, funeral info, obituary, etc. Can you get a buddy letter from one of the others at the event, or some one else that can attest to your condition right after the event? Don't file a claim without evidence; you need the stressor and confirmation before you file IMHO.

Onelastsunset OK brother. Take a breath. You got a lot of stuff going on. First thing I suggest is just one thing. File a new intent to file today if you are sure the last one expired. Do it and get back on here. You want to protect your earliest date you can accrue benefits. Go do it.

Flow1972 The point is that you keep on trying to help. It happens to all of us that keep on advocating for our brothers and sisters. You spend all the time an effort to show them how and what do do, and then nothing. Crickets. Inertia is a powerful enemy. People in general are reluctant to do it.; want someone else to. I had one guy that I helped. Called me almost a year later and started the deal all over again. I asked why he didn't follow thru the first time and he said blah, blah. OK, so I helped him again. Wouldn't you know he calls me again months later. Lame excuse again. So he asked me to help him again and I said sure. I'm going to tell you/show you one more time. You are going to start working it today a month when I leave. In a week I'm calling your wife and ask her why she didn't get on you to submit the claim because he could be missing out on maybe $800 to $1200 because he didn't submit. That did it; he got the claim it. Didn't want to face his superior officer! But, it is frustrating for sure. But it is also very rewarding to get a call from a veteran you helped months prior and they thank you because they were successful too.

Based on a previous posting from Brokensoldier244th, SCT codes are just generic clinical codes. It doesn't hurt or help; its just a medical identifier.

todd marine I don't think so. You filed for a specific disability, "scoliosis", when you should have just used the more general category of "back pain or lower back pain." We put ourselves in a box sometimes by being too smart. We aren't doctors, well at least I'm not. So our self-diagnosis isn't going to work. If you appeal, it is a supplemental claim. For back and knee or other joints especially, generalize the disability you are going for. It won't fly with your symptoms UNLESS you can get a doctor's diagnosis that that is exactly what you have. So, you have to file a new claim, not a supplemental claim; your continuous time chain is broken. Get a new diagnosis from a doc on your back. Just because the C&P examiner said you should re-file, doesn't mean he gave you a diagnosis. Remember the 3 things you need: 1) a current diagnosis, 2) event in the service ,and 3) a connection or nexus connecting the two.Trust your gut. You had a bad feeling about the VSO. File your new claim yourself, or get a VSO that you really check out. Then I would go back to the first VSO and hand him a $5.00 bill and say here you go. You were in such a hurry to go to lunch that you blew my claim. Listen to the veteran your trying to "help" next time. You cost me $X because lunch was more important to you than doing it right. He sure as hell won't like it, but maybe, just maybe, he'll get the message for the next veteran that comes thru the door.

USVI Marine I don't think SMV(k) is going to do it unless your condition shows that you basically can't walk. Rating for feet problems are at 38CFR4.71 Schedule of Ratings. Maybe, diagnostic code 5278? Maybe. Does it affect your gate when you walk so much that you now have foot, anke , knee, or back issues? I would see if anything stands out comparing your symptoms and criteria presented. In any case you are going to need a IMO/nexus saying that the original toe problem has resulted in your new ratable disability. Get it from an outside specialist, not the VA unless they have already diagnosed it in your medical record. Even then, i'd get the outside evidence. Even if you get a 0% rating, it will open the door for possible other secondary disabilities because if your immobility. Example, does it keep you from doing "normal" things in everyday life, like playing with your kids? Walking around at work? Does it cause you constant pain; anxiety or depression because you can't interact with others and just stay home, or you just try to minimize all walking if possible which affects your ability to do your work. You need to look at the whole picture, including secondaries, and come up with a plan.

CapnHaddock Every claim is different because our situations, facts, time lines and evidence are different.Regulations, laws and VA procedures change over time. But I think your path is one followed a lot. You said it yourself. You spent the time and effort to check out the VSO to make sure he was going to be on the same page as you. And equally important for all of us to remember, each and everyone of us is driving the boat: if it doesn't work out we, no one else is ultimately at fault but us. You dropped the ball on submitting the hard claim after your ITF. That's on you. The veteran who says "well, it's the VSO's fault" doesn't get it. It's not the VSO's claim; it's YOUR claim! No one else has more interest in getting your award granted. Thanks for the great advice.

VietNamVet1969 Good question. When they pay you 100% temp, they are not paying you for SMC's because your 100% isn't permanent. No, not for the scar; that would also have to be submitted as a new claim. Look up the criteria for scars, by the way. It isn't as straight forward as one might think. You could submit for those when you get a permanent rating, 100% , 40% whatever. They are independent. Since they are new, your lawyer wouldn't get anything I should think because it isn't an appeal. The legal beagles are paid on a % of your back pay won which accumulates over the time period of the appeal. I should think you should submit those now if you wish. The VA is supposed to apply SMC's when appropriate, but that doesn't mean you can't ask why they didn't if it isn't awarded. Understand, if you are awarded another extended period of temporary, you wouldn't get the smc(k) for ED yet because it is already a symptom for the 100% temp. That would be pyramiding; paying twice for the same symptom under two different disabilities. Incontinence, the frequency and number of pads are part of the criteria for determining your rating if you slip from 100%. Also, consider an additional MH disability for anxiety and or depression if you situation warrants it. Possibly 30% right there.