Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
GBArmy
-
Posts
2,886 -
Joined
-
Last visited
-
Days Won
111
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by GBArmy
-
-
Hello Omar, welcome to Hadit. There are a lot of postings on here regarding obtaining medical records. If you want to get your C-File, which includes all of your records up to the time you requested it, you should fill out a Freedom of Info Request 20-10206 and wait. I got one 2 months ago and it took 5 months. You could request info from your VSO who has access to the VA's VBMS system which would have that info. You also could go to the Release of Information Office at the RO and request the info; you would probably need to schedule an appointment, and know the dates of the info you need for the C&P exams.
-
-
A veteran can get a 10% rating for high b/p even if their numbers are controlled now. M21-1 provides if their med records PRIOR to the start of taking meds meets the criteria for a rating, then they can get a 0% or 10% depending on what the records says. In other words, get your med records that show diastolic of 100 or more BEFORE diagnosis and prescribed meds.
V.iii.5.3.e. Predominant Blood Pressure in Evaluations of Hypertension
Every level of evaluation specified under 38 CFR 4.104, DC 7101 requires consideration of the predominant (most common or prevailing) blood pressure. Blood pressure may fluctuate depending on a number of variables and disability evaluations must be based on valid evidence demonstrating representative disability.Generally the regulation requires analysis of predominant current readings— readings from the period during which an effective date can be assigned.When current predominant blood pressure readings are non-compensable, a 10-percent evaluation may be assigned if-
continuous medication is required for blood pressure control, and
-
past diastolic pressure (before medication was prescribed) was predominantly 100 or greater.
-
-
Signcavah For a C-file, submit form VA 3288 to Dept of VA, Claims Intake Center PO Box 4444 Janesville, Wi 53547-4444. I received one last month and it took about 5 months to get. You can follow it on VA.gov, as it is considered a "claim." Since you had a dialog with the Whitehouse hot line, I'd wait about 2 weeks after submitting and then call the Whitehouse you have to do this because of the poor service you are receiving with VSOs. Maybe they can expedite for you.
-
Hi Dolphinfan66 Welcome to hadit. Not nearly enough info provide. Can you redact your personal info and post your decision for us. How much is the grant for. Are you service connected for disabilities besides the new one you were denied? Does your son get SS benefits and did you include with your claim?
-
Jim, thanks for helping a veteran. Shortest and easiest answer I can give you is to call the Patient Advocate's Office at the VA Regional Office. You need to find out if he is under VA care and also if he has current service connected disabilities. In all likelihood he is going to have to get an evaluation and if found to be incompetent, a financial person to take over the finances for him; either a relative or an appointee. He may also be in line for additional compensation. A good VSO could be a potential good alternative option, but if he is combative, it isn't going to be easy. Without his cooperation, you won't get to first base until irreparable damage has been done.
-
The VA has confirmed that all 23 diseases identified in the PACT Act will be considered to be effective the date of the bill passage, Aug. 10. There will not be a "phase-in" of the effective dates that were staggered over several years! He went on to say that the VA will start to process the new claims Jan 1, 2023, which is the earliest possible date for them to begin.
-
Harrydogg Yes, if your MOS is listed on the Duty-MOS listing as "highly likely" it is most likely going to be granted. But keep in mind, it could be rated at 0% if it does not meet the criteria for a higher rating. Just because you have a diagnosis for hearing loss it doesn't necesaarily result in a rating higher than 0%. It is called "VA rules." The VA makes the rules. I've seen many veterans that have legitimate hearing loss but they don't meet the criteria for a rated condition of 10%.
-
Welcome to Hadit, AI E.Agree with Shrek; get it it going NOW. Easy first tip. Call 800-827-1000 and tell them verbally that you want to file An Intent to File." That's all you have to do to lock in a new claim effective date. You don't even have to tell them what the claim is, but just do it. It will buy you time to submit a claim. Next thing is of course to start compiling evidence. If you back and it causes you pain, limited motion, arthritis, etc. start going to a doctor, private if you don't want to use the VA and get a diagnosis. You need a connection or nexus to your current diagnosis and the back injury in the service. If for example, you have arthritis in the spine. You want a diagnosis that you have it now and in your doctor;s opinion, "It is at least as likely as not that it was caused by your injury/surgery." If you don't use a doctor then the VA is going to deny as you didn't show continuation and saught med help over the years. So, you beat them by going now, show the connection. Stay on Hadit and ask quesrions. Also recommend getting onto VA.gov so you can monitor the claims process.
-
Don't overlook a MH disability secondary to IBS/GERD. Constant pain, inability to go out with friends, etc. where there is food, pain, having to take other meds (additional issues?) could result in a anxiety or depression issue with some.
-
Vync, its a sad commentary, but it's our system. It was the final product and it took a lot of give and take by many special interest groups with their particular favorite Congressman to get it done. So, one of the really most difficult parts for some fiscally responsible members of Congress was the cost. The "phase-in" implementation of the various disabilities was one way to lessen the financial impact. The first Gulf War was 30 years ago and Vietnam over 50. The cost of war doesn't get cheaper if you don't take care of the problem as soon as you can. I also think that changing the regulations to make it effective on one date will prevent a lot of legal actions because it seems like the VA would be guilty of denying due process. I mean, how could it be legal to approve a presumptive disease but delay compensation for years.
-
Based on your label, Marine Corp 69/7-0, I'm going out on a limb and assume you were in Nam and have a vested interest. Go with me on this one; be optimistic. My feeling is if the VA is going to drop the staged effective dates, they aren't going to shoot themselves in the foot and omit Vietnam veterans. That would really not go over well seeing we've been rating 50 years. Betcha a coffee.
-
Marine Corp 69/70
You may be right, but then I'm an optimistic guy. I believe the way he presented the info, he would have said " ONLY the burn pits", or somehow excluded the exception for AO. I don't think that the President when he told the VA Secretary to make it happen immediately he was referring only to Burn Pits legislation. I guess we wil both have to wait and see what the regs say.
-
Hi Ali, welcome to Hadit,. Yes there is a lot of info out there. VA,gov is direct from the horse's mouth and about as accurate as you can find. Several law groups also put out very informative info, such as CC&K and Hill and Ponton to name a few. Usually, they are pretty accurate as well. But we need to remember that it costs money to provide this "free" service and would be wise to always keep that in the back of our minds. Often, there is the financial reason to get you to contact the site for more info. But it can provide us an initial exposure to benefits on "how to" info, and we should go to the regulations like 38cfr's, VA public dbq's, VA forms, etc. to lean more. But you are right on; an informed consumer is a smart consumer as the saying goes.
-
Hi Al, welcome to Hadit. A claim can be won without being a presumptive situation if the evidence is solid. But, I'm not saying it will be easy. You need a medical opinion, or nexus, that a doctor opines that supports your claim. AO has a tremendous life and undoubtedly many people are ill today in Vietnam for instance because it is still in the environment. My suggestion is do your homework. You have to research and find medical studies supporting your position that AO was in the environment when he was there years after spraying stopped. There is medical studies in journals and papers that will support your position. Once you find it, you provide that medical info to the doctor and he uses that info as the nexus for his residual disabilities. Or, you have to find an expert in the field that has that kind of success winning those cases based on previous research and then, if denied, present to the BVA that it is at least as likely as not that his IHD, diabetes, etc. are the results of exposure even after several years. Don't be discouraged if you are turned down by law firms; they can have many legit reason not taking your case. A good medical presentation can win at the BVA. Good luck
-
CC&K just published a report that the phase- in of the effective dates on the new disabilities which were staggered anywhere from 8-10-22 to 10-1-26 have been changed. Apparently, the VA ,due to pressure from the White House, will change all to an effective date of 8-10-22. However, there will be some delay because the VA has to implement internal regulations (like M21-1 manual) to administer the new changes. Once those changes are completed, the effective date for the new changes reverts back to 8-10-22. Bottom line, if you are a veteran that has one of these new presumptives, get your claim in now. This is great news for many.
-
Hello Knorr 57, welcome to Hadit. Yes, to answer your question, but without good medical evidence, it probably won't be successful. How long have you been out before you were diagnosed with the cancer? Obviously, many cancers take a long time before they are discovered. So you would need a medical opinion that because of that time lap, it is probable (at least as likely as not) that you could have developed cancer while in the service. If your STR's and medical records indicate the same symptoms as the cancer that is developing as opined by your doc, you may have a chance. I would try a few law firms and see what they can offer, but remember they can't actually represent you until your (first) claim is denied. Many have a medical back up that they can provide to you for the nexus. Try a few lawyers and see what they say, but before you commit be sure you vet them out to be sure they know what they are doing. You would be evaluated on any residual symptoms if you were successful.
-
Not so sure that when a veteran gets approved for AO hypertension that it would involve back pay. I believe the law is written to minimize the huge amounts of back pay the VA would have to pay out on all those denied HTN claims years gone by.That was a negotiated point in order to try to appease some of the Congress about the high cost of this law in order to get it passed. I believe that the earliest date, EED will be 10-1-26 and not before if you win using the new criteria. Hope I'm wrong but I doubt it.
-
Speaking of GERD, I can agree with Vync. Miss a day of my GERD Meds and it is pretty tough. But, I just received my prescription for GERD, pantoprozole, and a I read the warning sheet that they provide. It was doubled from what I was taking 6 months ago because my symptoms had gotten so bad. The warning label says take it only for short period and not to increase dosage. Guess I have to talk to my doc. I really recommend people take the time to periodically read those sheets to make sure nothing has changed, or more importantly, if it can cause other issues.
-
Just go (or make an appointment) at the RO to see your file and ask for copies. Have the specific dates of the C&P exams, tetc that you want. It's not going to "trigger" any kind of repercussions. Or, if you want to see everything, request your whole C-file. It will take 6-8 months or more, but it will give you mostly everything that has happened to you. If for some reason, something is missing from the c-file, you can request again.
- Vync and ShrekTheTank
-
2
-
North Idaho To add to the discussion, determine what the appropriate dbq would be for a C&P and what symptoms they evaluate. These are indications of secondaries the VA consider as potential secondaries. There certainly can be others. You also might want to get a thorough exam and nexus from a good doctor in the field who would be well versed in what other disabilities you may have and provide dbq/nexus for those. We are not medical professionals and sometimes we just deal with issues and don't even consider they are a result of a primary s-c condition. Example: many veterans figure out that they have a hearing disability. But they think tinnitus is connected with the hearing problem. Tinnitus at present is considered a separate disability by the VA and can be rated in addition to hearing.
-
H North Idaho Not directly. After surgery/treatment as you know you will be reevaluated and be paid for residual symptoms you may have. IF the cancer was service connected, then what lingering effects does it have? Limited mobility in your neck ? Maybe scars from surgery? Maybe depression or other MH issues? MH is a likely result of a near life-ending event. Take a realistic inventory of any symptoms /disabilities you may have and then see if they could be secondary to the cancer is the best bet IMHO.
-
Arty, congrats. Not an easy claim to get, but then, Dr. Anaise is one of the best. That said, I don'y know what your total combined rating is, but you should be looking at climbing the ladder for 100% and/or SMC's.JUst be careful on what you submit for. Keep at it brother.
-
The President finally signed the PACT Act 2022 which adds 2 dozen presumptive diseases for disability, increases the window for recent veterans to get VA Heath Care, broaden Agent Orange coverages including presumptive hypertension, and ongoing toxin research. Bout time!!!
- Vync and ShrekTheTank
-
2
Combined Rating Wrong
in VA Disability Claims Research
Posted
I didn't do the math, but use the VA chart/table. Just start off by doing the bilateral disabilities first, then highest ratings to lowest.
https://www.va.gov/VA-combined-ratings-table-2019.pdf