GBArmy

Allow me to state the purpose of this forum is primarily for veterans to ask questions and ask for guidance/opinions concerning disability and VA issues they may be going through. I responded to your comments as objectively as I could. If I offended you, I certainly didn't mean to and I apologize. That said, if you already knew the answer to your questions and didn't need any responses, why did you post in the first place? No need to reply.

Fat He probably can get at least a 0% rating; the rating criteria for scarring has some additional symptoms which are considered. Not only how long, but total area of surface; does it have an appearance that it isn't completely healed; sore/painful to the toutch, etc. Arthritis, defineately, if he has symptoms for it. Also, movement of the leg ex. flexon. Issues with his walking (gate); back issues, hip issues. You are right. Get him to submit for anything he has a problem with. As he gets older, he may develope some additional secondary conditions so establishing even 0% disabilities can be helpful. In fact, if he were to get a second 0% rating, if he got an IMO that they have an impact on his ability to work, he could convert the two 0% disabilities into a 10% rating. Hey, $140.00 a month tax free can help with the family budget for sure.

You are frustrated and annoyed because the VA doesn't seem to listen , evaluate or consider your evidence. Don't blame you. Most of us have been there, done that. If you just need to vent, this is a good place to do it. But not very constructive. We are not sure why the vocation rehab feasibility letter didn't fly, but I do know something about appealing decisions. There probably was enough "gray area" in your evidence for them to deny. Once you get a denial, it seems to be especially hard to win on appeal; the VA just goes back to the original rationale for denial. You have to very objectively evaluate the feasibility letter; does it say you can't work, or what. Gray area? If you're at 90%, and been been shot down, I would consider getting a lawyer that has TDIU experience. You probably have to provide new evidence, maybe another study/letter to support what you have AND he will have to refute their denial reasoning. Fair or not, you were denied, so you have to appeal so work on it.

A good site to visit is on va.gov https://www.va.gov/pension/veterans-pension-rates/

DodgerSounds like "I'd rather be lucky than good" to me. Another one is "don't look a gift horse in the mouth." I'd take that all day long; good for you.

Sounds like it is favorable to me. If the caller told you specifically what things were missed or mistakes made, that is a very positive sign. The suggestion you may need another C&P is because he feels that in order to correctly rate you, the original examiner left some important info off your exam. So, it is often the case for a new C&P. If you ckeck your claim status on VA.gov, it says that it is possible base on the findings of the HLR. I would expect you will be getting a call to schedule a new one within a few weeks; but, who know with the coronavirus thing and getting back to normal piece by piece.

Like Shrek, i've had good and bad experiences with both. Like Shrek says, you have to advocate for your self. Check the info on your PCP or your surgeon or specialist. I will say this and some who have used VAMC for a long time; I believe the care, service and options are way better than they were 20, 15 and even 10 years ago. There is some still bad actors, but it takes advocates pushing back to get rid of them. But as I told my VA PCP, I'm not sure if the VA is getting better, or, it's a case that private care is getting worse. She said she thought it was a little of both but certainly health care has improved in the VA. Don't believe me; try getting an appointment with a specialist with Medicare now days. And the cost and wait time will knock your socks off.

Michael Navy Vet Just to add a little to Fat's response. If the veteran is a Vietnam veteran, it would be presumptive and you have some disabilities that also could be secondary to your diabetes. There are a lot.Peripheral neuropathy, kidney disease, ED, eye/vision problems to name a few. So evaluate your physical conditions and submit a claim accordingly (probably after you win your diabetes claim, IMHO.) If you are not Vietnam, you have to proove you contracted type II while in the service somehow. That would require a nexus letter from a doc. Does your medical records show any kind of diabetes symptoms?

Fat, I agree with Shrek. If the veteran has a legit claim for an in-service disability, don't quit if you lose out initially. It all boils down to diagnosis. Not if he tonsillitus; the tonsils were removed. The claim has to be the symptoms as a result of the tonsil disease. Try finding the conditions and how it would be rated in http://www.militarydisabilitymadeeasy.com/search.php?zoom_sort=0&zoom_query=tonsils&zoom_per_page=10&zoom_and=0 Maybe diagnostic code 8309 or 8409??? Once you find a match with the symptoms he is exoeriencing, then he should get an eval and diagnsis from a specialist that is the nexus. Sounds like a 10% rating may be possible. Nexus from a specialist is a must.

My thinking is that if your dianosis is now in the record, it will be part of your evidence for the coming up C&P exam. If your symptoms as shown by your diagnosis from May 1st show you should get an approval, that of course would be favorable. Your claim apparently was submitted Oct 18, 2018. So, that is how your claim is identified "Oct. 18, 2018."If we have an open claim, we can submit additional evidence right up to the time they make the decision. ( Submitting data late will certainly result in a delay in the decision, but sometimes we have to do it.) As to why there is another C&P exam, it could be for several reasons. There could have been something not noted on the the first C&P exam and the second is done to provide that info. The examiner has to address the "new" evidence from your diagnosis, and that certainly may be the reason. The VA often makes mistakes, but it is better for them to discover them and take steps to correct. Hopefully you will have a favorable results with you new C&P. I wish you well.

Anthony There are tons of posts here on Hadit about A&A. You are going to be a lot more sucessful and get a better response if you can be more specific. What do you want to know? Ask questions that veterans can provide helpful responces to.

Fat I am assuming that he does all his health at the VA, so the deck is stacked. If he is right on the outcome, I'd get an IMO with specific findings on extension, etc. from a specialist. I would then submit a supplemental claim with the new evidence.

Willy If you have a VSO, see if they can see what is up in the system by viewing the VBMS. Or, you can cally Peggy yourself and see if you can get insight. 800-827-1000. Caution though; it isn't very reliable and up to date often. It is possible that the VA has opened up another item as a disability claim based on evidence found. For example, a new sinus condition. Who knows?

Backpay I think you're right. Calling the Whiehouse does have some clout if you have a real beef.

Max You should be required to attend a C&P exam. If you use the VA for health care, it should be fairly straight forward, as they will have all your records. ou dd214 should show that you were in Vietnam. If you use your own private health, get copies of your medical files regarding the cancer and submit with your claim. Your benefits will be determined by your diagnosis and then treatment. It is important to submit right away because if you should stay in the hospital for 23 (?) days, you will be rated at least temp. at 100%. Active surveillance usually continues at 100% because you still have it.

If you are not required to attend I assume you mean it is an ACE exam. That is where the RO has en examiner make a determination based on medical evidence you already have in the system. So, yes, that certainly would include your ROM Measurements a year ago. The VA doesn't have to have a new C&P exam if they feel that there is enough current info to make the decision already. This is because of the coronavirus and they have stepped up on the ACE exams process. No people, just paper. You might consider doing three things: call the RO and see if you can talk to the manager who schedules C&P's and explain why it isn't right. If you can say that your condition is worse, all the better. The second thing is if they deny your request and the result is an unfavorable exam, you can request a new exam. Use in your aguement that you tried to get a new one before and they wouldn't listen. Last thing would be get an IMO with your own doc after the decision and submit a supplemental with new evidence.

Theopolis Your profile doesn't indicate if you have had any previous disabilities service connected. I'm assuming not and, therefore, making the assumption that you are relatively new to the VA "nightmare." First of all, please understand, I am not in any way trying to be obstinate or arbitrary. I wish every veteran the best in their striving to obtain what they should receive. The RO and people there are not trained in legal matters; so when I say I have a mistrust that they will due the correct thing, especially when reviewing facts and evidence, it is not to be taken lightly. When it gets to the BVA, your position , again based on facts, evidence, and legal principals, gets more to the point. But we have to get to the Court of Veterans Claims to actually get remedy based on legal principals. In my humble opinion, HLR based on evidence already presented is very hard to achieve. You can't present new evidence, so you have to show that there was an error made at the prior level. If the DRO can find that the rater looked at your evidence but didn't find it sufficient, he is going to deny. If he does, then it will go back to the rater for additional development. More than likely, that results in another denial. I just believe that you have a much better chance to just skip the HLR and go to BVA. You can go without additional evidence, or with more. Yes, the HLR is likely to take a less time; but, it is also likely to be denied. Your claim/disability, your decision. As Lucy would say to Charlie Brown: "Decisions are 5 cents!"

Well Buck, if it is a large hospital, it might be a reasonable option for you. It doesn't seem that you have a lot of confidence in your current doc and if you ain't comfortable, what do you have to lose?

Theopolis Unless I missed it your problem seems to be evidence of an in-service event. It isn't a question that you have a disability. You said your evidence includes a dbq that says it was caused by service. I'd like to see the wording on that. If it isn't expressed and backed up by detailed documentation, it wouldn't be accepted as strong enough. You have a buddy letter from your sister. Can you get additional from someone in your unit that could substantiate the event and what happened to you after? HLR isn't going to work. You need something that the DRO can't miss. Your case, already denied would not fit that category. As Bronc has said, get stronger evidence. If you are claiming MH issues, it might be worth exploring getting the help of a lawyer with experience in winning these types of value claims. You have to improve your evidence and resubmit. I'm no expert on CUE claims, but it sure doesn't look like that would be the way I would go.

Buck How long have you had this PCP? Is it a big deal because of a lack of qualified docs to get a change at your VAMC? Or are you at a small clinic first like I am and that is where you see her?There are good PCP working at the VA, and then there are some not so much. The practical answer to your problem is in another month or so we will probably see something like close to normal at the hospitals. But if you don't want to wait, you could see about getting someone who actually gives a rat's ass. Especially if this isn't the first time she has acted like you ain't too important. But I know there are good VA docs because I had one for 6-7 years. She was fantastic. I got a new one at the CBOC clinic and we'll see. But I've given you something to think about.

Not a question, but more of just sharing info. I was informed and scheduled for surgery at my VAMC in 2 weeks. I had been scheduled the week everything was shut down. I asked if they were actually scheduling and doing elective surgeries and she said not exactly. They are catching up on the ones that should have been performed but were postponed. It will be more gradual, but it looks like progress. One additional note: I have to go to a separate VA facility the day before surgery cor a Covid19 scan. It isn't done there on campus.

Buck Major Depressive Disorder is dc 9434. Generalized Anxiety Disorder is dc 9400. As you know with MH conditions they usually can't give you more than one, so they rate you for the highest that is the worse condition. That is because many of the symptoms for different MH conditions are similar, so pyramiding.I believe that they also have to make note that you are also s-c for each one. Don't know if they note it on your rate sheet as "0" rating or what. I'm not sure about depression secondary to PTSD, but depression certainly could be caused by 80% hearing! But you already have a MH rating.

Good advise from Shrek and Bronc. It's going to be a tough sell but worth trying. However, I suggest you try to develope your total combined rating by claiming additional secondary disabilities, providing you have some. Are you in a lot of pain? Is there room for an increase in your foot injury rating? Does the foot injury cause your back or other area problems? If you are having issues elsewhere because of your foot disability, I suggest you work on those at the same time. It won't get you to 100%, but it may result in greater monthly comp, and more than likely, much quicker than the TDIU claim IMHO.

KansasNavy Is this a recent rating or has it been over a year? With the limited info you provided I'm guessing the VA is somehow trying to tie the two together and therefore only giving you one rating for both. The rater may be considering it a pyramid situation. You may want to get some legal help on this as it might result in some serious back pay so the VA will fight you a little harder to avoid reversing the decision. You could try a HLR if it is a recent decision, but I don't expect that would result in a favorable decision based on what you said. If you redact your personal info and post the decision letter, we might be able to help after seeing details.

Laura I applaud your efforts to get a tax exemption benefit increase. But, I suggest you change your methods. Do you belong to a veterans service organization, like VFW or DAV? If you do contact the district or even the state commander and ask that they put it on their annual agenda. Call your state Veterans Commissioner and ask for help on how to get it rolling. You get one or two of these VSO's on board, and you have a chance. Get your local rep on board, especially if they are on the state legislature veterans committee. It would make them look good if it passed. And, right now, it is politically correct to advocate for veterans. Google state benefits and come up with a few that should have a chance in you state. We do it here in mine every year; sometimes it turns out well. Squeaky wheel, you know.