GBArmy

The AMA implementation has speeded up "average" claims considerably, but I am no so sure about the approval rates improving. But we are so used to delays in the process for so many reasons that most of us are not surprised it takes 3 months for a remand to be implemented. Getting a congressman involved may work because they can cause a lot of unneeded attention to a VA RO which is not desirable for the head honcho and just might grease the skids a little. Hope it work for you.

I am not aware of any time limits on remand decisions but if you go to their web site, https://www.bva.va.gov/ , there is a tab to contact and also to ask questions. If you find out anything, I'm sure we would like to hear it.Good luck.

Riplip If the meds don't work, or have bad side effects, you don't have to take the meds to get SMC(k). Don't let them say that to you. It's like hearing aides; just because you don't wear them doesn't take away the fact that you can't hear. Have a listing of the different meds that were prescribed, and what side effects/results from taking them to bring to the C&P and show them. If you can show s-c for the ED, like taking meds that VA prescribed FOR A S-C disability, I expect you will get the grant. IMO

Sounds like you should be putting in for an increase. Migraines, if includes prostrating for periods of time, can be 30 or 50%. Look up Diagnostic code 8100. You should get the worsening symptoms documented by a doctor. If you use the VA Health care, call your pCP and ask fora new eval. Get it documented and submit a supplemental claim. In the meantime, start a headaches log. Time, duration, details, dates, frequency. Do it for a month while you are waiting for your medicals. You may even get to skip a C&P if your exam provides the medical evidence. (Maybe.!)Do it today!

Backpay You are between a rock and a hard place for sure. Not that it is of any help, but when the remand comes down and they are figuring out back pay, the VA has a real tendency to string you along for a while. Kind of holding up your money, which is no longer the VA's. But that really isn't unusual; they do it to most. The only thing I could think of is to call your congressman's office and see if they can issue a letter of inquirey. Have all the facts, dates, and play upon the fact you will bee out of work with no income for several weeks and the resulting hardship it will bring.. Pick a Congressman who cares about veterans if you can; it would have more clout. I don't know of anything else to tell you. It's their process, they were directed by BVA, and now tey are going to take as long as they want to pay you. Good Luck.

Hi Tomin, welcome to Hadit.The examiner may be a nice person and knows that typically veterans coming in for C&P's are fairly nervous about the whole thing. Maybe, or maybe that is what the examiner says to just about every veteran at the end of the process. In any case, you are correct; he just provides the medical opinion on whether or not there is a s-c disability, and the extent of those potential disabilities. It is going to be up to the RO to read the tea leaves and make the decision. Try to relax and find something else to take your mind off of the process. It can be several weeks more before you get a decision. You did your work, now sit back and relax while the VA does its. When you receive your decision and if it isn't what you expected, come back to us and discuss your options with us. Wish you the best of luck.

When did these events happen? Did you tell them at each step that it was a hardship? Did you try the white house number also? The corrections or "remands" can take a while to accomplish but have to be completed prior to the VA making a final decision.

Call Peggy again. It is possible that the remand is holding everything up. You haven't provided any facts; have you explored getting workman's comp? If your surgery is for a s-c disability, sometimes you are eligible for temp disability comp. For example, if you have s-c prostrate cancer, you can be paid 100% rate for recovery time and then your ar re-evaluated.

Respond179 The easiest reply is "because they want to." Why speculate, seriously? This is the VA. If you read up here you will see that we need to follow the law and the regulations, but although the VA does too, they only sorta, kinda do. In other words, they just do things that seem totally arbitrary to us. The only thing we can do is wait for what they have decided comes to us IN WRITING. Wait for the letter to show up. When it does,then you respond. You have tor relax a little; this is going to take months to complete.

SPO I think you have a good idea. If you expect that your c file will have even more evidence, extending the EED is a good strategy. I also suspect that if you are correct that the VA examiner didn't address your doc's reasons for s-c, you have a basis for CUE. And there is no time restrictions for filing CUE. Other experts can address that if you wanted to pursue that. But it is a harder thing to get approved and HLR, which is quicker and possibly easier to get a good decision on, may be your best bet for now. The examiner can't just dismiss your doc's evidence without reasoning (in theory, if they don't, how would a veteran know what to appeal on?) Go for the HLR IMO.

Mantana Don't get discouraged. As you can see this is an active forum, and with many people, opinions can sometimes go off target a bit. You are absolutely correct; the VA doc is the one that is wrong. You have your evidence and you can win on your claim, if you do one thing. Don't give up! If you have been diagnosed for GERD, you can win out. In fact, that holds for everyone. If you believe you have an injury or disease because of your service, don't quit if you get denied the first time. Work on it so you develop a strong case. So, if you get advise or an opinion that is wrong, no problem. Ignore it and follow the advise that makes sense. You can win!

Oceanbound, maybe some lawyers don't, but I believe most disability claims pay lawyers between 20-30 %, plus some expenses. I believe it is law/regulation.

Buck This is a perfect example why I try to stand clear on commenting PTSD or MH questions unless it is a simple answer. It's a damn rabbit hole that has more twists and turns than downtown Providence, R.I. The doctor (Phd's) don't understand what is need to be diagnosed, don't know and don't care to understand what the BVA needs to develop a claim, and every regional RO has there own priorities in what counts the most to evaluate a veteran's disabilities. It's near impossible for a veteran to come out of it with what he or she should get. IMO

I think your examiner is self-medicating while on the job! Gotta see the decision letter!

Fat To rate any kind of headaches, you have to use diagnostic code 8100. Also refer to dbq 21-09602-8 which the examiner will be using. The criteria is prostrating, which is if the veteran has to lay down in a dark quiet room;duration of what those time-outs are; and frequency of these episodes. He should also keep a log of date, time, duration and comments when these things happen to him; I'm not sure if there is a specific form for that, but at least make one up and record for a several weeks. Getting a dbq from his neurosurgeon would help tremendously for his claim. Most importantly, he needs a nexus connecting his headaches that occurred in the service and now. If he went to doctors for treatment since discharge and had evidence, that would be good. Also buddy letters from his wife or family stating if he has had headaches from date he got home to current is helpful as well as his own buddy letter (statement in support of the claim) talking to how it effects him, how long he has suffered, self-medicating frequency, etc. He has a high hill to climb because of the 12 years since service, so he has to fill-in the gaps.

Yharris You get the "Best Post of the Morning" for today. Yes, you should stop checking; as you can see, it isn't reliable, it is misinformation that doesn't do you any good, and pretty much a waste of time. If they need anything important, like an additional C&P, they will contact you. Check on it maybe a couple of times a week, which is plenty. Let us know how you make out. Good luck.

I see it, and it is hard to imagine but at the same time I doubt if the VA will let it fly. Are you going for a new disability claim, or for an appeal? If you have flat feet, I'd still do what I said before. It isn't difficult to accomplish and, more than likely not result in an initial denial, and have to appeal.

Hi 63Charlie The diagnostic code for pes planus is 5276. It says even if your feet are flat, it doesn't get a rating above 0% unless you still have pain after trying to correct the painful condition with inserts. You need a diagnosis, and that comes from a medical pro. A doc, aprn, pa, rn, etc. could provide it. My suggestion is go thru your steps. Ask your pcp for a referral to a foot doc. Get an eval and get them to diagnose; if it is pp, your in for that part of the triangle. If they recommend inserts (probably), and on follow up visit, if they still hurt, have them document it for your file. You now have a shot at a 10%. Note they don't assign 1o% for each foot separately, but if one is considerably worse, it appears you could get more than 10% on one foot and maybe just 10% 0n the other. Your opinion, not being a medical person, isn't going to help in the claim process.

MPsgt Vync must be on the right tract. 38CFR 3.350 for SMC's doesn't list "sense of smell" but it does list other senses, namely sight and deafness. If you are s-c at 0%, i'd like to see the decision letter and see if if offers any rationale. in the findings. If you're rated at 0%, there MUST be a way to receive a higher rating. Maybe, as Vync suggests, you could get it thru depression/MH. Have you ever had any issues that make you consider that you have behavior issues symptomatic of depression, etc.? If yes, then I would request an eval thru your doc for a referral. Better yet, get an independent eval and if positive, submit a claim. As a secondary, I think you're going to need that doc's opinion of the connection. Also wondering if it was s-c because of chemical exposure. If so, there are potential other things to explore, such as headaches, migraines, depression (again). You are doing the right thing. Anytime a veteran has a s-c condition, he/she should step back and do an good self-eval on any other physical and mental issues they might have and explore if there could be another disability.

Vetquest I'm not sure, but I think the saying is "you're smarter than you look."

Paul, I expect that others might disagree, but I would look at it this way. EED equals more $ than you have now. Kinda extra $, or "house" money if you will. I would give up a piece of that for a good lawyer who can structure a good legal position. If they take your case, then I would expect they, and therefore you, should have a good shot. If you don't have any big guns, they are going to give you the brush off. It isn't as simple as one would think. IMO

Ronc531. Smart move; but don't cave in without a fight. If they do come back at you, appeal. Say it will hurt badly if you are forced to pay back. I personally would hide it under your mattress so they can't see any financials myself. If you have it in your checking account and ask for your records, if it is there they will undoubtedly say it isn't a hardship. I don't think it is lying; if you have to pay it back it's gotta leave you short somewhere. IMO.

blahsaysme2u I am not saying you have a cue or not; there are plenty of veterans here that can advise on that. I also get that you can't afford paying for a IMO. There are lawyers who can do the work and even pay for the IMO if you negotiate that as part of your deal. You have to check that course of action out. If the lawyers don't win your claim for you, they don't get paid. So of course they are only going for it if it looks pretty good. Of course they get a bigger percentage of the award (backpay) because they are financing the deal. It would be a good thing; you get an additional disability, with more monthly $, and the lawyer gets his payday.Of course, if you can't get a lawyer tod step up, maybe your case isn't a sure thing. IMO.

Here's my take on it; the President will act in the affirmative. He was recently misinformed about the soldiers/airmen in Iraq and there casualties after the Iranian missile strike. Don't forget he didn't retaliate because there weren't any "serious casualties.". Whether his mistake in not understanding TBI as a serious injury, or he was told no serious injuries. In any case, he can get on the good side of veterans very quickly if he directs the VA to do what they should have done years ago. I think (hope) he does!

Hamslice Best way of course, is to connect thru meds you already take for a s-c condition already. Do a research of side effects on all the meds that you use and see if any cause stomach/ throat irritation. A lot of pain meds have nasty side-effects. Be sure to look at the data sheet that comes with every med as well. If you find one, then get a doc to nexus it.It's a low bar; all he has to say that "study xyz from (institution/university/ medical journal, etc.) shows ...It is my opinion, that x drug is as at least as likely as not caused the GERD?Barretts." If you submit without a doc opinion, it will just about always be denied. IMO.