[More LHI venting]

Contact the Patient Advocate. I know if the veteran is 85+ and has a disability of 30%, that can supply transportation for VA medical appointments. There may be other options, like if 100% disabled ?

[Adding Dependents For Award Back Pay]

Nice job, flow1972. Like many of us, you went to the school of hard knocks! The real takeaway is, however, you did your leg work. Learned and kept working on what he should be getting. Congrats to him and nice job done by you. You are smart enough to know, there may be more to be gotten. Keep looking at secondaries and SMC's.

 

[Bipolar C&P Exam Today]

Jm0635 I do exactly what you do. People with MH issues (and other disabilities) can get nervus or may have memory issues etc. Having notes is a way to handle the stress of the interview.  I think it important to disclose that you have a list up front is important to do early on.You did o.k. brother. 

[Can a DROC overturn a BVA decision?]

38cfr4.87 says under 6260 that tinnitus can be a symptom of another ear disability, i.e. meneire's disease. I think you must look at the cfr when your decisions were made and see if there is a change now. You may have a case but I would expect you will need a lawyer for arguing the effective date. Tinnitus was one of the 3 disabilities that the VA asked for input on a change to the code in February. 

[Why can't we see our exam notes?]

Made their metrics look better, but basically resulted in denial because of the error. Some veterans would just give up and therefore the VA saves some money as well as improve their metrics. No other way of looking at it.  Back in the day, we used to call this "process improvement." NOT.

[100% RATED IE]

Good responses from both, but Brokensoldiers' significant point is "your health is a lot more important than $." Of course it would be nice if the new technical treatments improved your health and the vA didn't re-evaluate you. Seems like the criteria for reduction should make it very unlikely that would give you another C&P exam since you're at 100%. If you're not P&T, and your treatment works/improves your condition, I wouldn't be requesting the VA to make it P&T.

[TDIU - buying duplex]

Certainly a mortgage requires constant monthly payments, but then, renting does too. The costs may be more, or less, compared to the rental, but you still need to make those consistent. The new VA Life insurance and S-DVI can be found here     https://www.benefits.va.gov/insurance/valife.asp

[SMC K for loss of use of one eye]

Richard1954 Seems to me you have a strong case and meet the criteria for SMC (k) https://benefits.va.gov/BENEFITS/factsheets/serviceconnected/smc.pdf On VA's published document it states " Loss of sight of an eye (only seeing light)" If you have a denial, I'd go HLR and, assuming it is denied again, get a lawyer. It isn't a big SMC award, but it is a slam dunk (IMHO) and maybe the back pay would interest the lawyer. If you have the time, I'd do a research on BVA decisions on SMC awards for a similar situation. 

[Finally apart of the group]

Miken already knows; we should all support the site, as he has and just as both you and I have. We should remind people of that too!

[Finally apart of the group]

Congrats, brother. Long and winding road for sure. If you get a sizeable $ grant, pay some bills and put most away until the dust settles. Again, congrats!

[DIC for spouse if veteran dies by accident]

Hi David4287, Welcome to Hadit. Unless the veteran dies from the service connected disability, he or she has to have 100% for 10 years. After 10, DIC is available for the surviving spouse if she meets the criteria. see https://www.benefits.gov/benefit/290#:~:text=What is this program%3F,service-related injury or disease.

[Statistics of Successful Claims after CAVC Joint Remand to BVA]

Not knowing the decision or other facts, it is quite possible that you will have to go to another C&P for the VA to evaluate the severity of your symptoms currently; I'd count on it. Unless you have other disabilities that were also tied up to the claim, you need to wait to see what your ratings will be in order to determine how to compute your back pay. Sometimes they break it out, but combining all is what they usually do.

[what information will the vso require from cardiology findings]

Hi Worriedshrimp. I suggest you don't worry too much about "overloading the DAV." You send them the evidence. Period. When you say you went to the cardio clinic, I assume you are talking about a C&P exam. If it is then it is a VA subcontractor and you won't see the results for at least 30 days. If it is your own dime, then yes, get on them for the report. Look up 38cfr4.104 https://www.law.cornell.edu/cfr/text/38/4.104 C.A.D. or Ishemic heart disease is now based on METS performance for diagnostic code 7005. Note that just taking meds is a 10% rating. The tread mill test will provide your METS score. Also consider other presumptives for A.O. They sneek up on you brother. See https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/  I have 8 eight and counting. A.O. is just waiting in the weeds for us so consider seconaries as well. 

[veterancpl]

Hi veterancpl Welcome to Hadit. Could be several reasons, some suggesting a favorable outcome for a veteran. You can call Peggy at 800-827-1000 and see if they can offer an explanation. It could be the amount of the grant, as in large backpay, could require it. You probably just have to wait it out. Watch your back account as they often get a payment prior to the veteran gettin any notice of a claim settlement.

[PTSD Claim 12 years after discharge]

Bucker Welcome to Hadit. Others will post on your question. The take away is this: FILE A Claim for increase.(21-526E)If you are diagnosed by the VA and have a rating of 10% for anxiety, that is fine. File for increase. Mental Health (MH) issues are all grouped together in terms of compensation, so a rating for anxiety can easily morph into a change to PTSD. Look up diagnostic codes for MH schedule 38cfr 4.130 here https://www.law.cornell.edu/cfr/text/38/4.130 If you have a diagnosis from the VA doc, great; if you don't have it as a process note, I would suggest you include a statement in support of the claim , VA form 21-4138 explaining how your mh has effected your everyday life, ex. afraid to go out, don't like crowds, can't take direction from others, etc. You want a reeval of your mh condition as it affects you today. My advice is to file, get an increase and probable change in diagnosis from anxiety to PTSD and see if your symptoms are truly worsened. You are a combat veteran  being under-compensated  for by the appropriate rating (50% or 70%). You can always appeal with new evidence, such as a detailed eval from your own private doc. But get it going.

[Failing Grade]

JMH1792 Welcome to Hadit. It is unlikely that you will get a direct response as Yoshi hasn't been on Hadit for 6+ years. Start a new posting with specific question(s) and someone can respond with a current answer.

[Want to Say, "THANK YOU" to 'HadIt'!!!]

Way to go! Good for you not to give up. Congrats!

[VA Travel Pay]

It is 41.5 per mile, to and from. (It's not 41 or 42, but 41.5 because it's the VA and VA's rules.) You probably have a reduction of $6.00 per request for 3 times a months, although if you are in certain income groups for instance, they can waive the $6.00 reduction.

[HLR for Barrett's and Hiatal Hernia]

IMHO, you don't have to have the origin or or cause of the GERD/Barrett's in your VA records; just the diagnosis and hopefully, prescribed meds. You can get the nexus from an outside Med practitioner, especially a specialist. Provide "some" med records to them so they can state they have "reviewed your med files." Note that the diagnostic code is likely going to change soon, so be smart on timing.

[HLR for Barrett's and Hiatal Hernia]

GERD and Barrett's can definitely be linked to meds. Get a good IMO. 

[VA benefits to help funding service dog mobility harness??]

Black Lab??
Bet it was worth the wate. I say all the time "Most dogs are better than most people most of the time!

 

[hernia]

Diagnostic code for inguinal hernia is 7338 see https://www.law.cornell.edu/cfr/text/38/4.114 Not sure what you are doing though. Didn't you say you are getting TDIU at 100%. What are you trying to do, get smc?

["DETERMINED TO BE A VIETNAM -ERA HERBICIDE-EXPOSED VETERAN"]

Mountain tyme Your friend is at a distinct disadvantage not knowing what they have. Strongly advise getting a representative like a VSO or claims agent that can look into his records and see what he has; it is called VBMS and they should ask if the VSO/rep has it. If not, get someone who does. I would call 800-8267-1000, explain the problem and ask them to send a letter which describes his disabilities and ratings that were awarded. He should be receiving a monthly direct deposit of a disability into his banking account. Check that; if he has a 40% rating, it could be $673.28 or $747.28 if he is married. Priority Group # sounds right. The same phone number can get you a listing of VSO/claims agents in your state., or, go to https://www.benefits.va.gov/vso/You should look to find his discharge papers, dd214. Get a copy of that as it is a basis for just about any award. If he is determined to be a Vietnam veteran, several of those disabilities could be presumptive to Agent Orange, especially diabetes. It might be beneficial if you redacted his personal info, such as name, SSN etc. and post the letter you reference to this string for us to review. The point is there are so many questions we need answers to for us to help. Or, as stated, get someone who knows what they are doing and has access to his files.

[New letter about delayed mail]

Since you won your claim, I guess there was no harm done. But the delayed mail is really a problem; especially if there are time restraints like your to reply. Best thing to do is call "Peggy", 800-827-1000, so you know if a decision has been made nand do what you did. After 10 working days, call for an email copy of the decision. If you have to submit new data, and you miss the response date by a few days, and, if your new evidence is significant, then appeal by way of HLR. They should re-open your claim and reconsider. (Not saying you will or wont win.) But point is the delays in mail are rediculous.

[Struggling at work]

I'll agree with Tbird; going from 90%-100% is extremely difficult. Research VA math here on Hadit or else where. IMHO, I believe if you want to get there scheduler 100%, you have to come up with a half dozen or more ADDITIONAL disabilities on top of what you have now. Going from 70% to 100% just for MH is a very difficult step to accomplish, as the rating formula shows. So,if you stay at 70% for MH, then yo need many more others by using VA Math. Lastly, I don't think you want to compare your disabilities to some one else's situation; really, every one's is different. In my opinion again, if you can get a good law firm to take your case, your chances definitley would improve, but by how much, who knows.