GBArmy

One thing that I am curious about is the Power of Attorney (POA) that a veteran signs off on to a VSO, such as the VFW or DAV. I understand the function of the VSO, but what is the VSO's incentive? I expect someone, perhaps Brokensoldier for one, would have first hand knowledge. I'm thinking it is directly or indirectly connected to a financial incentive. Maybe, the VA pays "X" to the VSO organization for ever veteran they represent say on a monthly basis. If it isn't financial, what is it?

Anthony I hope you continue to check in with us and lend your knowledge from your hard earned personal experience. It is a great thing to pass along info that helps others and we hope you will continue. I also hope that you keep up the fight and keep on trying. There may not be any cures but I firmly believe that just about everyone can make their own situation a little better by working at it. Good luck to you brother.

SPO Good info to share! That's what we are all about. Hopefully, we are mindful not to shoot the messenger in the process.

Miken2c74 What do mean GBArmy may be right.? I'm always right. Well except one time, but then I was mistaken:>)

Ranmic A lot of good advise given to you on this thread. One thing to point out that you might have missed. If you are going to submit a claim for an increase in hearing, you NEED to also submit a (new) claim for tinnitus as a separate disability. If you don't, I wouldn't count on the VA examiner going the extra mile and doing it for you at the exam. It is a separate disability and carries a separate rating. Don't assume they are going to do it for you.

It really is something. Most veterans who submit a claim really doesn't have any idea how upside down the whole claims process is. They expect that the VA will do right by them; after all, the veteran did their duty for the country. So the VA will grant what he or she should get. If they are lucky, they get good education and guidance and they get some advise from a few that have been in try to warn of the inconsistencies and stupidity of the processes. Take the remand process. The BVA remands a direction to the VA, it goes back, if the VA makes a decision the veteran doesn't like, it goes back on appeal to the BVA. The BVA makes another decision, and then, repeat the process. Or AO presumptive disabilities. Congress passes a law that the NAS is to review and report their findings on the effects of AO as it relates to certain diseases every other year. They do and make the required recommendations to the VA to add 4 more presumptives. The VA ignores for 4 years. Congress says to the VA to get on the stick and report when they will act in 30 days. The VA says to Congress, maybe in a year, we have to do our own study. Who the hell is running the country? Sure looks like the VA will and can do what it wants, law or no law.

Miken2c74 Here's my two cents. Question #1 You are absolutely correct; the VA sends it to VES, one of a few subs that they contract for C&P's. Since the US has veterans overseas, they also contract with VES to do those where they can access. Otherwise, as you are well aware, there are serious logistic problems getting it done otherwise back in the states. Problem is, the VA's legal beagles never thought to tie that lose end. What I suspect, however, is that if you persist, they will schedule your C&P back here. If you don't comply, they will deny because your failure to comply.Question #2-no comment. Now, you may be correct that they will send it to you and you bring with you. The contacted examiner has to be fully aware of the arrangement and and willing to go along. As company policy, I don't believe that they can accept medical evidence from the veteran. Some will, but it isn't regular procedure; that's what I was told. So, your exam may take a while longer as he has to read your info for the first time.You, my friend, are between what is called a rock and a hard place. One thing I thought of is see if you can just use your claim number and redact your name and ssn on all of the paperwork. And if you get it back directly instead of going back to the VA, you could add that info back on. Don't see them doing that option at all. They would send it, probably electronically, direct to the VA.

MKAH Just to be sure you got my point; have you specifically looked out the cautions/side effects for your headache and other meds the VA prescribes. If you have any of them, that would be a key considering how bad your symptoms added up. A lot of veterans don't think about a secondary s-c disability could be caused by meds. I'm just saying.

I believe pacman is spot on. They should be evaluating you for TDIU as you would meet the required criteria. My only thought, and I am sure that you are aware is you would be very close to rounding up to 100% scheduler. Are you absolutely sure there isn't some additional disability you haven't gone after that can get you over the VA math hump? Maybe meds causing some stomach (GERD) issues for example.

USMC_VET Way to go! I think somewhere along the line, most probably after your initial denial, that you figured out something that is repeated here on Hadit time after time. That my friend is the fact that nobody, but nobody wants that claim to be approved more than you. So take charge, do what you gotta do. If it makes sense, do it. Evidence is evidence. At lot of work? Overkill? Not if you win your claim. Nice job Marine.

Kinda in the same area, the House passed a bill that would make cost of living an automatic event, just like it is for SS. Up until now, they have to go thru the legislative process, both houses and then the President has to sign. Makes a lot of sense and takes the politics out of the process each year. On another note, though, I read that many economists are saying with the economy down so much, there isn't going to be enough inflation to move the needle this year. I've heard that from a few different sources, so it may be true.

Buck I saw your post and you said you were going to sit on it until the dust settles on your move. I don't know of anyone else that is better than Bronc when it comes to EED, so that is great he can take the time to help. And I also think that another great move is to seek legal help on it too. As you know, there are a lot of nooks and cranies in VA law concerning EED. You have a potential for some serious back pay. That will get some of these lawyers to make a good eval. Of course, if they take the case, you know they think there is a good shot at winning or they wouldn't take it. I would do this and see how it goes rather than try a CUE. IMHO.

I would go along with Broken and Buck. If she has been your treating physician she is familiar with your medical history. If she give good medical justification, lists her credentials and work history, etc., sure go for it ex. she has worked in this specialty clinic "x" years and based on my experience and background... Give her some guidance, if necessary, as to what to include, "more likely than not" wording, etc. If it doesn't work, you can always get a specialist IMO and appeal. What would really be a strong case though, would be if you got a specialist to write an IMO and you have both as evidence. That would be very effective IMHO. Of course the specialist is going to cost you some money. You may even get a recommendation from her as to who is a veteran-friendly doc to hit up.

Anthony I don't know what you are responding to, but you are posting against a 2016 question. That can get really confusing to folks real quick.

Taylor You need to stay on the same link that you start with so people can follow along. Otherwise, they have to hunt around to find your questions and previous responses. So tag onto the last response for your question so people can figure out what your issues are. Thanks.

Hi Lisa; We are very sorry for your loss. Our condolences. Michael Hartt from the AL is a VSO. He probably submitted an application for DIC, Disability Imdemnity Compensation for you. Your husband probably didn't receive a pension, but a disability compensation for injury or illness directly related to his Navy service. You do not receive the same amount; you are not the veteran, but a survivor. So, instead of receiving his disability comp, you may be eligible for the DIC.If he had "90%" comp, he probably was receiving a monthly payment of about $2017.96. ( If not, get back to us. A pension is less.) IF, this is important, your husband passed away due to his service-connected condition, you may be eligible for DIC. The rate for 2019 was a little more than $1300 a month. One of the requirements would be his death certificate would say cause of death that relates to a condition or secondary condition related to his disability. For example, a veteran had a heart attack and he had a heart related service connected disability. You would have had to submit thru Michael, a copy of your husbands death cert and a copy of your marriage cert. If Michael has the authorization, he can see in the VA system where your application is by using the VBMS system. If he isn't authorized, he can call and get an update as to what the status is. As to re-sending in a claim submitted back in 2018, that can get very complicated, We would have to see a lot more info on that from you to advise. The first thing you should do on that would be to ask Michael: 1) what was the claim for, and 2 )is it still open or had it been closed? Work on the DIC issue now; you need that yesterday. Come back if you have questions, Lisa.

The easiest way to answer the several of your questions is first you have to win your claim. Second, you have to wait to receive your decision letter/package, or BBE. Then, you can figure out whether or not you should appeal the EED.

The effective date is 3/16/20. Payment would start the first of the next month, which is April. To get April's payment, it shows up the first of May. Yes, he can call Peggy. Tell her I said Hi. :>)

deedub75 It's kinda like a half loaf is better than none situation. Since the VA doesn't have a dc for everything, rating an injury or disability that occurred in the service is what they have to do but its a hard thing to do. There is no way they can have for every kind of injury or disability. I fully get the analogous thing; otherwise they would have to deny because there are no symptom standards to evaluate your conditions to. But as you point out, it can get you a minimum rating, but it can be a dead end if your condition worsens. So, I'm glad they have a way of getting at least an initial rating for a veteran, but its not so great if things get worse. I commend you for going back to the VA and challenging them to fix the problem. Sometimes, the little guy wins!

Supply Guy When we file a supplemental claim, the typical status in ebenefits is "we don't know your status." Seriously, that is what they say. It can stay that status until it tells you a decision has been made. It is the VA, and it is their way of keeping you in the dark. You can contact Peggy, but you are not going to get much insight on what the status really is. As for your disabilities claimed, not all disabilities have their own diagnostic code, so the VA uses an existing dc for another disability that has similar symptoms. For example, they don't have a dc for GERD. There just are thousands of disabilities and they just don't have dc for every one. So, they use dc 7346, which is hiatial hernia, which has very similar symptoms as GERD. The VA has a duty to try and get you the highest rating possible, so they use that code, which is called analogous coding. So look up what you are claiming and compare to what the VA has substituted . If you are still unsure, submit an IRIS question on VA.gov and ask for clarification.This is a good site to start http://www.militarydisabilitymadeeasy.com/vadisabilityrating.html

pacmanx1 is on the mark. I too don't like the fact that your VSO refused to file the claim. All too often, they don't have a clue. You are the customer. That said, the facts remain that it is hard to get any disability approved by GWS, but it is near impossible to do so without a nexus from a doc, especially a specialist in the field. You may be absolutely correct in your opinion of your medical opinion, but it doesn't count because you are not a medical professional. Therefore, your opinions on a medical diagnosis doesn't count. Get a IME and IMO from someone who is qualified to counter your denial. It is the only way you can win. Make it sound because you more than likely will have to go to court on this. Good luck Mile.

Conrats! You would rather not have the disabilities, but at least it now is recognized and you will finally reveive comp for it. Great news!

Armybob22 If you have been doing the work, you're going to be ok. If you attend meetings twice a week, that info from your doc is going to be in your records. So is your meds. If you had a recent change in meds. make a copy and bring it with you. All that stuff is in your file but it's not a big deal if you bring some of your records to any C&P and offer it to them. Once in a while they will take it, which can do nothing but be of help. What might help if you think you might get a little tight is to write down a few things you want the examiner to know that effected you recently. Did you have road rage last week; did you say or do something in front on others that was inappropriate? Remember, you are talking about how things are for you when they are bad. If it wasn't bad this morning, talk about something that was bad recently. Don't respond to "how you doing today, Armybob?" by saying FINE!!! No, it isn't fine because I couldn't sleep all night (or all week) because I was worried about this and how I was going to screw something up." One thing you could do is ask if you could be considered for TDIU. I wouldn't do that if I were say under the age of 54-55. If you are much younger, don't bother. They won't go there yet.You will be ok.

Anthony333777 I really think Shrek's advise is what you should do. Even if your logic is correct, there is no way the VA is going to let you work without a re-eval. Once that process starts, it probably isn't going to be favorable to you and your wife. It is risk vs. reward. Are you really willing to risk $3k a month to try going back to work? If you do try it and you just can't make it after really giving it your best shot, then what? If you're knocked down to 70% or 50%, it is really going to take a lot of time and effort to get back to 100%. This is what I would do: look for some volunteer work that will utilize your skills and knowledge but on a schedule you can work on. Good charities have plenty of opportunities for people; they just can't get the volunteers to do them. Maybe, with your background, you could work in the VA receiving patients in. And, build on that expanding into other areas. You would want to contact the manager in charge of volunteering services. There probably are other places to use your talents. And I think it wouldn't get in the way for going after A&A. Life isn't fair; it just isn't. But that doesn't mean you can make poor decisions because you don't want to make the right decision. You can still have purpose in your life, but it probably means it isn't going to be working full time at a job you like while getting TDIU. Keep us plugged in as to what you are doing.

Thanks Buck. It is on my to-do list. I know you have bad hearing, especially in one ear. But you went from 0% disability to 50% on the first re-test. Unless there was an big lag time from your first test, you REALLY got low-balled. IMHO you either had one really poor examiner, or, they just flat-out wanted to deny. Thats way too big of a jump unless it was 25 years or something.