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Retiredsoldier1
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Posts posted by Retiredsoldier1
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2 hours ago, Berta said:
I am concerned that maybe you or your lawyer should have filed a FTCA charge on a SF 95.
https://www.va.gov/OGC/docs/SF-95.pdf
This is the same form I used for my FTCA wrongful death case, but it is also for anyone who falls into their accident liability, such as if the VA bus hits someone , or the VA van gets into an accident ( our local VAMC has both bus and van) but I am concerned about the word "contracted" ,as stated before "VA van" here.
Has your lawyer determined why that word was used?
I don't get this part- " My attorney says he is waiting on a (lien release form from VA stating that I don’t owe VA any money. I am 100 percent permanent and total, so I would not owe VA anyway. "
Is your lawyer familiar with FTCA and also Section 1151, 38 USC?
This has some info on MACPAC, which seems to mean they are trying to see what insurance would be paying for the non VA hospital treatment.
I am just guessing and maybe this is not a FTCA issue at all.
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I was involved in a vehicle accident with a contracted VA van taking me to my appointment at the VA on July 5, 2019. I retained a attorney, was treated at a non- VA hospital for this accident. My attorney says he is waiting on a (lien release form from VA stating that I don’t owe VA any money. I am 100 percent permanent and total, so I would not owe VA anyway. Every time I call VA to check status of this form, I am told they cannot talk to me and every time my attorney calls, VA says it’s still in process. VA is the only form that I need to settle on my case. I have talk to patient advocate, social worker etc. VA has been “working” on this since October. VA says the MACPAC department is handling or working on this form. Can someone please tell me who to contact, this is getting frustrating trying to get 1 form stating I do not owe VA.
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What language must I show for a new claim for compensation for my knees. I have my medical records from VA and outside medical opinions. Waiting on my c-file to see if I can service connect. Can service connection for knees come from other service connected disabilities that I have
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2 hours ago, Richard1954 said:
The real issues is not neuropathy.. the real issue is have you been diagnoses with lost of use of your feet or hands because of a service connected disability in this case diabetes... During the C/P exam the examiner will determine if you have loss of use , again leaving it to the C/P examiner is not a good idea. Remember you must have one of the following to get the grant, or adaptive equipment.
• Loss, or permanent loss of use, of one or both feet • Loss, or permanent loss of use, of one or both hands • Permanent vision impairment in both eyes to a certain degree • Severe burn injury • Diagnosis of amyotrophic lateral sclerosis (ALS)
Thank you for answering. I get it. So basically the record should say loss or permanent loss of use
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On 10/13/2019 at 1:02 PM, Richard1954 said:
As I said above normally the auto grant and auto adaptive equipment is granted as ancillary benefits thru the course of a c/p exam for specific medical issues. For example if your claimed neuropathy is service connected and it is so bad that you lose the ability to walk , this would be considered to be loss of use and a grant of auto adaptive equipment as well as the auto grant. But you must understand that loss of use is held to exist when a part of the body would function equally as well as an amputation with use of a suitable prosthesis. In other words, you would not be able to walk with out braces or other devices. Neuropathy of the lower limbs is normally associated with diabetics, although a back injury causing impingement on the nerves could cause neuropathy in some cases it would be rare to cause loss of use. I do know that if this were my claim, I would not attend a C/P examination without first obtaining an independent medical opinion(IMO) that supported my claim. Keep in mind C/P examiners regardless who conducts them work for the US Government, in this case the VA. You do not want to put all the power in the VA's hands. If you acquire an IMO in support of your claim and the VA examiner does not agree that your condition is service connected or does not agree that your condition causes loss of use, you will receive the benefit of the doubt based on the supporting IMO because the evidence would be equally balanced. Going into an exam without an IMO and then receiving a denial makes it harder for you to win the claim.
Thank you for explaining. I filled out the application for adaptive equipment and vehicle. When the appointment came to me it said you have a appointment with QTC for neuropathy of what I mentioned above. VA put neuropathy on the form even tho I have been sc since 2009 for diabetes. When neuropathy was mentioned in 2009 it said deferred. This is what I don’t understand.
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20 hours ago, Richard1954 said:
I can tell you that disability on the upper and lower back will not qualify you for the auto adaptive equipment or a vehicle grant . Does the va do C/P exams for the auto grant, and adaptive equipment ? Most of the time these are ancillary benefits, that are granted based on an actual disability award for one of the conditions that would qualify a veteran for the grant and adaptive equipment. In my case, I had no addition C/P exam the benefits were granted upon my rating for loss of use of my left foot. Normally a separate C/P exam isn't done for the reason I explained above. If a C/P exam is required, the VA could send it to a contractor or keep it in house. Yes contractors use the same DBQ as the VA.
You should read the attached information sheet concerning these benefits, and the attached handbook that explains eligibility of the benefits, before you spend time trying to get a grant that based on what your asking you will not qualify for.
Auto and adaptive equipment infor sheet..pdf 514.64 kB · 1 download Handbook 1173.4 Automobile Adaptive Equipment Program.pdf 58.95 kB · 1 download
Thank you for answering. The C & P exam is being done for Neuropathy of upper right and left extremity, lower left and right neuropathy. I was wondering if this is done when applying for adaptive equipment and vehicle
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Thank you for answering. The reason I asked the question about adaptive equipment because I put in a claim for this and received a letter saying a C&P exam is scheduled for Neuropathy for right lower extremity, left upper extremity, left lower extremity by QTC. That’s why I asked those questions
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Does VA do a C & P exam of the upper back and lower back using outside examiners at a private office when applying for adaptive equipment and vehicle. Can someone tell me if the DBQ questions on the VA site are the ones they use
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Please explain what EED is
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I was deferred for compensation for my right knee in 2009, however in August of 2010 my letter says I was denied compensation of right knee because I only went to the Dr once for right knee while in service in Vietnam. I want to file again for compensation because I have had major issues with my right knee and hip. Can anyone tell me if it is worth filing again. I am now in a wheelchair because I am (loss of use). I was boots on the ground 1968-69. I was presumed for prostrate cancer because of herbicides. Pls help
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We received a letter from VA re to the application we filled out for Auto grant and Adaptative Equip. The letter states that VA needs medical treatment records. Can anyone tell me what records I need to get that may help with getting the grant. Any information would be helpful. Thank you
MACPAC Department of Va
in VA Disability Claims Research
Posted
I used the word contracted because the Va contracts with this company to pick me up for appointments. When the attorney contacted VA, this is the information he was giving as far as getting the information he needs.