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GBArmy

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Everything posted by GBArmy

  1. Buck I agree with Broncovet. You need to call them and talk to the tech/doc. Most machines now send the data electronically back to the VA whether you know that or not, but you should discuss it with them. They may ask you to come in or not. It might depend partly at least on when the last time was that you had an in person eval. But you really don't want to do the adjustments yourself without talking to them IMHO.
  2. If you are awarded a combined rating of 100%, P& T, it IS P & T. No further exams are scheduled. If you don't submit new claims, like for some SMC's, you have very little to worry about. That said, I would hope you continue with any ongoing treatments you might have, especially for MH conditions.
  3. Marineleo Miniere's is no joke; sorry to hear you have it. It is rated under diagnostic code 6205. Kinda depends on if you have other disabilities as well see https://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKC/PART4/S4_87.doc
  4. If you downloaded all your VA records then they should also be available for the C&P examiner. That doesn't necessarily mean that he will see and actually read them prior to the exam. So I would put them in order and understand what you have so if they ask you a question that is in them, you should tell them the answer but also state that the info is available in so-and-so file/document. Be polite but if they just "first page" your evidence, they can miss some important stuff. Now, this is me: if it is at HLR but returned for correcting a VA error, I believe they say in your decision letter that you can submit additional info. If you can, I would down load thru VA.gov the newspaper articles, etc. if it is new evidence before your exam. The problem is if they correctly, or incorrectly say that constitutes new evidence, so it will be redirected to a Supplemental Claim, it's going to delay.Your option is to just bring a copy of the new evidence and see if they will look at it. If they don't, and later deny your claim, you just resubmit as a supplemental claim anyway. Check the wording on your decision letter. This is new AMA stuff and there isn't a lot of advise on something like your situation. Maybe Brokensoldier may chime in on what their procedural manual says.
  5. I agree also. Don't know how much time you have left to file your supplement claim. You need an IMO/nexus from a doc to fight their original denial. As Buck said, you can't give a medical opinion that they will consider. If you have records from ebenefits, etc. maybe your new doc can pull enough evidence together with medical journals to get it done. Otherwise, after a year you can you can still submit but is starts a new effectivity date.
  6. Flynsolo2 Sounds like you have some things cooking, but they're not cooked yet. You don't want to submit a CUE unless you want to kill your claim. You said that they listed (some) evidence 10/06 thru 9/20. But you didn't see some additional evidence called out. OK. If it is deferred, and you are getting an additional C&P, that's probably because they were missing enough evidence to rule on your shoulder. Go to the new C&P and wait theresults. Veterans should be aware that a CUE is a very powerful tool, but it isn't necessarily the first one you should grab out of the tool box.
  7. Broncovet I agree with you 100% on good, comfortable shoes. I have back, ankle and knee issues. Skimp on a good support shoe and any and all of these will start to bark at you the older you get. If you can minimize any pain without drugs, I'm all for it. Good shoes do help.
  8. Wow Tbird. There's a lot of info to be gleaned from this numbers!
  9. Jimmer Winner, winner Chicken dinner. You meet the requirements of SMC (k)-loss of one eye, and SMC (s) is a totally separate grant. I don't want to make light of your disabilities. It's nice, however, to get compensated if you have them. K is like $110 a month in addition to what you receive on SMC (s). You can have multiple (k) awards. Read this article https://cck-law.com/blog/newsspecial-monthly-compensation-series-smcs/
  10. Broken, I think that's great! You are helping in the cause of some very distressed veterans, so your heart is in the right place. And I think you're going to learn some new stuff that's going to help you going forward. Good for you; hope you get the assignment.
  11. Tom Agree with Brokensoldier. Send a message thru ebenefits/secure messaging, make a copy for yourself. They are supposed tor respond in like 3 days. It will be "I will get this message to Dr. X" and be signed by a nurse or whatever. You then have a documented trail. Something like that you want it to be correct, especially if it is directly or even indirectly connected to a stressor. You'll be ok, Tom. Just be sure there is a follow-up.
  12. I had my tinnitus eval at the C&P along with my hearing exam. On my claim my MOS was not a listed as being highly likely to have noise damage so I submitted with the claim a VA Form 21-4138 and described events I was exposed to that were loud. The examiner just asked a few questions and that was it. If I didn't have the personal statement, it never would have been approved for sure. It may be harder for approval if you don't also have a hearing disability as well but the Statement was the evidence.
  13. Buck I'm curious if they gave you the SMC, or did you have to ask for it, and if they did, how did you ask? HLR, IRIS, phone call to Peggy, what? We have seen this before but I haven't noticed if anyone said how they got it going if they started the SMC process.
  14. I tried to use it when the changes were made. I use a PO box for my mail and they won't allow that as the residence address. So I talked to the folks at the RO and they told me to just change my personal info to the street address. I said fine, but you can't have both listed, so if I do that how do I get my mail and prescriptions from the VA. Can't. So I still use the hard copy for my travel reimbursement until they figure it out.
  15. Jose You got a several post on this that you can use for advice. In my opinion, no, they won't hit you up for what you have already received.It wasn't fraud; the "mistake" was on them not what you did. Personally, I wouldn't do anything. The C&P examiner made the recommendation to give you the disability. You didn't do anything wrong. It's probably going to slide anyway. If they did go after back pay, you could appeal anyway. On top of that they would work out a payback schedule you could live with. My guess, on a 10% rating, it just slides by. But if you notify them, they might call for another C&P exam and you could lose. If so, they will ask if you have more evidence. You should then submit a Statement in Support of the case, VA form 21-4138. State what happened (not your fault) and talk to events in the service that exposed you to louwd noises that may have contributed to your hearing problem that are "outside" of your normal MOS duties. My father in law used to say, you don't fix what ain't broken.
  16. Possibly. It also can be pushed back for further development and it is posted incorrectly. Call 800-827-1000 on Monday and ask the service rep. If it has been decided, they will tell you that a letter is in the mail. They won't tell you the decision however. If you don't receive the letter in 7-10 days, you can then call and get a better response. Also, check the "letters" section on VA.gov; it can show a rating change and amount you receive for a grant on occasion before you get your letter. You can also look at your bank statement and see if a deposit has been made to you. Either are indications of your award. But you won't really know much without your decision letter.
  17. pcarrie The VA claim status has steps, and the VA will report where your claim is in the generalized steps.Claim received, initial review, then evidence gathering, review and decision. Being at the review step doesn't mean a whole lot because it can and sometimes does moves back to gathering evidence. And, the status is not updated quickly. And, it isn't accurate. But other than that, it's fine. As we apt to say, get a hobby. Get a good book. whatever. Until you get your decision letter, anything posted is not reliable.
  18. Hi Gina You could, but I doubt if you will be successful. Many RO's are closed for walk-ins. You could call and ask them if they can though. You can't get C&P exams from the contractors like QTC, their customer is the VA, not you. The fact that it is YOUR personal info and you can't get it boggles my mind. A legal question that someone will challenge eventually. You can send off and request a copy from Janesville by submitting VA Form 3288. During this Covid thing I got one; it took me 3 months to get it. Don't know if it is a better or worse turn-around now, or not. But get it; you have a right to know what the examiner said.
  19. Thom Not sure if you have a question or not. You did right in going to patient affairs to tell them about your exam's treatment. When you do that, I would have a statement in writing to be sure it is entered in your file. Hopefully it was. If it wasn't, you should find out, and if you receive a negative C&P exam/decision, I would go back again in writing on appeal and say that neither were put in your record. As for the chow lines on your ship, was the food worth the wait? Whether or not it was good, you didn't have a choice then and you have none now. It is all about the Covid19 flu, with delays accross the board. There may be a possibility you need to have another C&P exam and that could be the hang up. Just hurry up and wait Thom.
  20. Derrick You really didn't answer some important questions. Whether or not you post them here doesn't matter to us, but it sure does to you. You are your own best advocate. Negative responses to yourself could make a difference. It's your choice to work your claim or, to just throw it against the wall and see if it sticks. Good luck in your decision.
  21. Derrick There are a lot of factors to consider. How long have you been rated for each disability? Are any of your symptoms gotten better. Have any been rated 5 years, or longer. Have you had one or more reviews/sessions with your MH counselor; what does the notes say from your doc's notes? It is possible that you could be eval and reduced; but if your symptoms have stayed the same or gotten worse, you should be ok. Why does your VSO say you could be reduced? It is based on your conditions or is it because he wants the easy way out (not processing the paperwork?) Do you have comments from your exams and medical notes that say you can't work?What does your work history look like? Many jobs? Fired? You realize you can never get a meaningful job or if you do you will lose your rating. Most on here will recommend that if you have stayed the same, or gotten worse on your conditions, and have been rated for 5 years or more it probably would be a go. It is totally up to you. We haven't seen your decision letters, so this would be a general response anyone would get.
  22. Broncovet Just shows that there is many ways to win; you use common sense when no one has been down the road before. And, by the way, Vietnam Era vet is not a problem with me, or most of us that did go over. What we have a problem with is the Tricky Dick Senator Blumenthal's who claim they went and didn't. You were in during the Vietnam War time, or era, so it is an accurate term. Vietnam Era veterans put on the uniform, raised their right hand and swore to uphold the Constitution, went where told to go and did (pretty much) what they were told to do. They deserve recognition and all the benefits they have coming also. I guarantee Buck 52 feels the same way brother.
  23. My response hasn't changed. The 38CFR for tenosynovitis, diagnostic code 5024, says you refer to DC 5002 for a 10%. You got that rating, I'm sure, in part because of the pain you experience. " Where, however, the limitation of motion of the specific joint or joints involved is noncompensable under the codes a rating of 10 percent is for application for each such major joint or group of minor joints affected by limitation of motion, to be combined, not added under diagnostic code 5002. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion." You have to get a medical opinion that says your symptoms result in a new disability, yet that condition has to be seperate from the symptoms of tenosynovitis. That is going to be a hard thing to do if you can come up with any new condition, because of the pyramiding affect. Maybe the VA did lump several conditions together and yo u need to break them out seperately but again you need an ortho doc IMO/nexus to sort it out. It's too hard for non-medical people to do. And, it doesn't matter what our opinion is anyway; the VA need "Medical" evidence, not layman evidence.
  24. Confusedvet1 The criteria for scars is found here https://www.law.cornell.edu/cfr/text/38/4.118 As to restriction, if it doesn't cause enough restriction to be rated, your out of luck. You might get a separate look by an ortho doc and get his opinion but it will be a tough thing to sell. It doesn't restrict your hand movement in what your job is, correct?
  25. Just to add one thing.As stated, I'm not a big fan, but it works in some circumstances. But one thing no one mentioned is you can use it to buy time and keep your appeal going without a break. Say you recently received medical care and its would appear you could convert the results into NEW evidence. And say, time on your clock is just about run out for a year. You could submit a HLR and even if it is denied, the string isn't broken and it buys you time to get say a new IMO, etc. Could happen.
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