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GBArmy
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Posts posted by GBArmy
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Hi Giselle welcome to Hadit. I understand your frustration. All the "presumptive" diseases that are on the VA's list have been evaluated after years of analysis by an independent federal agency (Academy of Sciences) They recommended adding hypertension in 2014, but it has been avoided by the VA until directed by Congress in the PACT Act of 2022. Your cancer is not presumptive; maybe it should be, but don't argue that point as it isn't. You need an independant IMO or nexus letter from a specialist who can point to specific studies. medical journals, studies that what your husband died from was caused by that dioxin. I don't know which docket you are on, but if you don't have this nexus as part of your evidence, you need to switch over to the evidence lane and get it. Hopefully, you have legal representation to help you with the process. Timing of submitting the new evidence is critical and make sure your lawyer is knowledgeable.
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Hypertension will be rated to diagnostic code 7101.; min requires a diastolic reading of 100 or higher for a 10% rating, BUT 90 would be 0%. Note that it taken 3 times. M21-1 has an exception, however. IF you are under meds AND it is controlled, you can provide b p readings taken prior to your initial diagnosis as evidence. For most veterans who have had htn for years, that is what you need. Get your records from the doc that initially diagnosed you. The interesting part is when will the VA eval and award the disability, even if it doesn't have an effective date a couple years out. Will we get the disability but just not get the comp but still be able to hang secondaries to the "pending" new disability, or we can't yet because it's not in play yet? I'm thinking they just receive the claims and put them in a holding pattern for two years and then they don't have to worry about new secondaries.
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Agree with MilvetHD. If you don'y have a rating for MH, or rated very low, like 10% rating, seek out some MH evaluation either thru the VA or private. Anyone under constant pain is likely having depression and/or anxiety issues, and a good evaluator will see it easily. And continue to get treatment and find a solution.
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Hi Rowdy Welcome to Hadit. No, you will be an old man if you wait for the VA to search you out. File an appeal right now. If it is less than a year, you may just want to do a HLR unless you have some additional evidence you want to submit. My thought is that if it was good enough when you submitted it the first time, you probably don't need any additional info now. Do it ASAP.
- ShrekTheTank and Vync
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VA has established a good summary page of all the diseases/cancers that the PACT Act 2022 will have as presumptive to Burn Pits and new Agent Orange adds.
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I received a decision about 5 weeks after it got to the BVA about 6 months ago, But that was because I was advanced on the docket (75+) and it was the direct lane. You are in the evidence lane; word now is it is YEARS for them to get to it. If you don'y meet the criteria for advancement on the docket, it's a long wait. A Congressman's inquiry is not going to help unless you meet the criteria. Good luck.
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Congrats, worriedschrimp. Your VSO is onto it. As Dustoff11 said, you should meet the criteria for CAD.. Look up diagnostic code 7005. You will meet the 10% for sure; 30% % rating, or higher will be determined by your symptoms on METS evaluation. Pay close attention to other new things that you start having problems with, as you may be able to pick up some secondary disabilities if the symptoms are ratable. For example effects of the new meds you take like stomach issues (GERD) or ED. Sounds like you are one lucky hombre finding that hidden blockage.
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You don't claim exposure to dioxin, you claim a disability that in your case is presumptive to the dioxin AO and is listed as presumptive. So, what is your new disabilities that you want to claim now. They are separate; go ahead and submit. The PACT Act is going to get signed into law any day now, no question. Same routine. Current diagnosis, event ( Service in Vietnam/Thailand), nexus is the presumptive exposure. Pull the dbq's and their diagnostic codes and if you have residuals, have your evidence. In addition, have a statement in support of the claim (21-4138) for any claim you put in. Can't emphasize enough.Talk to how your disabilities impact how you do whatever every day. (Don't know what your claiming). How does the symptoms limit you and your interactions with others and how it effects your employment. Ex can't lift, MH and don't take supervision well, get tired too easily and you have to take breaks, or skip work a lot because your stuck in bed with pain in your legs, etc. Page., maybe a page and a half max; I tell veterans "paint a picture so the rater can "picture" what you're going thru.
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The only idiot is the one that has questions and doesn't ask to get the answer. You must have a current diagnosis, see that you have it in your medical records. Getting meds for control of after effects from treatment/surgery is evidence. Go to diagnostic code 7903 https://www.law.cornell.edu/cfr/text/38/4.119 See note #2 You will be rated on residuals ex taking meds, mental impact for worrying about it, scars from surgery, etc. Whatever. Look up the VA's dbq for it. Understand the questions and notice the "residual" related questions. Strange as it may seem, it is presumptive to AO, but you need a diagnosis. If it isn't exactly stated, get an outside doctor for a diagnosis. People can be treated for years for some things and not have it in their records that there is a diagnosis. Happens for mental heath quite frequently. Keep asking questions and get what you deserve brother.
- Whodat, ShrekTheTank and Vync
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Without the details, if the 2 presumptives have never been submitted before, then yes, more than likely you should start new claims. Unless you fall into the situation that Broncovet mentions.
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Bwash2021 EED =early effective date. The VA most often grants a decision with the date of the last C&P exam, for example, rather than when the claim was submitted initially. So if you submit a claim, get denied, appeal and win, the EED is the date of your original claim PROVIDED that you meet the continuity requirements of the claim. Usually, we are talking about within a year of the denial. If they low-all you, just submit an appeal to HLR. Usually is corrected appropriately unless it is really a long drawn-out string of submittals, denials, appeals, etc.
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Vync Absolutely can ask for an advance on the docket. It should be automatic, but I would mention it in submittal. Not the case for regular claims; you have to be 85 going to the RO. Why the difference? Because the VA makes the rules. So if there is any decision that comes back from RO on a denial, I first consider BVA no evidence lane (Direct) unless I want to get some additional evidence on file to counter what the RO said when he denied. If nothing else is needed, why mess around with the HLR and waste time with getting the rubber stamp rejection? BVA direct docet is likely to be correct and it it is fairly "quick"
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Hi Bwash2021 Welcome to Hadit. If you are 75 years old you can get an expedite (advance) at the BVA docket. If you have a diagnosis for hypothyroidism, dd214 shows you were in Vietnam, then you don't need a nexus as it is presumptive to AO. I'd go to the BVA myself and skip a HLR. Good luck, and if you win, make sure you get your EED as long as you meet the time requirements.
- Vync and ShrekTheTank
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SMC's are in a class by themselves, but my understanding is that a SMC is ALWAYS inferred, meaning you don't have to apply for it. You should get paid BACK TO THE DATE YOU FIRST became eligible for SMC S. If it is in your records, that should be the effective date. Submit a HLR.
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Your meds for s-c disability may cause ED. Check the adverse affects on the med sheet. If it can, ask your Doc if he thinks there could be a link. If yes, ask him to please put a note in your encounter notes to that effect. If not, get it from a urologist on the outside. The Favorable finding probably means that you have evidence of a diagnosis of ED; it's misleading. You still need a medical opinion of a link.
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There are several. Woods and Woods, Hill & Ponton, Walsh Vet Law, Perkins, etc. Keep trying if denied. There are a lot of reasons why you can be denied taking on the case. The most likely is they are overloaded or they just don't have enough expertise to handle your claim. But large back pay is a great incentive to take it on. Good luck.
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Richard1954 It sounds very unprofessional on QTC's part. Why wouldn't he have your personal info? Very strange. Personally, I'd be writing to the head of the RO and letting them know how unprofessional and unprepared they were.That said, however, you have some protections in your ratings. We must be clear to veterans and advocates reading the post that not going to a required C&P exam for MOST VETERANS is NOT the normal recommendation. You are 100% P&T; there are very few mandatory things the VA can make you do. But for the majority of cases, veterans called to go for a C&P should be attending; they most likely will lose their claim or get a reduction in their ratings if they don't. The veteran must really know what he is doing and the potential pitfalls if they don't attend. Just wanted to make it very clear to those reading your post.
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I definitely agree with Broncovet: claim them both. But most importantly, do an honest eval of your symptoms, as there are many additional residual disabilities that may apply. See a recent BVA decision Citation Nr. 1810586 dated 2-21-18 With Parkinson's, residuals are very important
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Mjr465 Welcome to Hadit. She must state the symptoms that you have and confirm their degree of disability. She must Link the service-connected disability with the OSA by referring to medical journals, articles, reports, studies, whatever that show the cause and its probabilities, Say you have the same and with her experience , education etc. it is her professional medical opinion that your OSA is "at least as likely as not" or "IS" caused by your CKD. This assumes that you have had a sleep study and have a diagnosis of OSA. She must include she is a board certified (whatever)" specialist" and she must list her credentials as part of her opinion letter.
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Not a medical professional, so I can't predict what you may be rated for. Most of the time it is directly related to the range of motion only during the exam. Look up the qbq for the shoulder exam and see what the criteria for symptoms are. If there are questions related to PAIN, be sure to answer what it's like on a BAD day. Consider secondaries also, Example you take meds for pain and you have stomach problems. Or depression from constant pain, etc.
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If you have a rating for your injured shoulder already, what is the comp rating, and what diagnostic code did the VA use?
Retro calculation - complexity questions
in VA Disability Claims Research
Posted
The only thing I would recommend is to talk to a CPA. It's a tax issue. As for the retro, get the check then ask for a re-check audit.