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68mustang
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Posts posted by 68mustang
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68,
Keep in mind also that if you can kind of quickly gather some additional evidence / medical evidence
that would rebutt something in the denied issues, or show full support for a grant of the
denied issues - you can submit a request for reconsideration along with this additional evidence.
For a reconsideration you are basically in agreement with the denial on the grounds of
the evidence of record BUT request reconsideration with this additional evidence you feel
will get the issues granted OR AT LEAST put the evidence into relative equipoise and thereby
garner you the benefit of the doubt.
While the above is in the works - remember your one year clock for the NOD would still be ticking.
Do you feel up to posting the Reasons and Bases Section for the denied issues ?
Thanks carlie and John999 for the response. I'll post reason and basis for the denied claim. My mistake only one claim was denied and that was for asbestosis.The other was for depression rated at 10% and I believe with evidence that was provided that it should have been higher. I'll send in more medical evidence for that and the asbestosis. I'll post more info tomorrow in more detail. Thanks again.
68mustang
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You have a year from the date stamped on the denial to file an NOD for those claims. The deferred claim will have a date stamped on it when it is decided and you can address it accordingly. Remember a denial means that you have to further develope your claim to strengthen the evidence. I recommend you take all the time you need and file when you're ready, but before the date stamp reaches a year.
JMO,
Bergie
Bergie thanks for your response
68mustang
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Back in March of this year I received a denial on two claims and one claim was deferred. I have contacted the VA several times inquiring about the deferred claim and when will it be resolved. The VA response is that more information is needed before a decision can be made. Please can someone provide info if I am right in waiting to do an NOD on the other two claims until I receive a response on the deferred claim? Or should I go ahead and file an NOD on the denied claims and if need filed an NOD on the deferred claim when a decision is made? Thanks in advance for your input.
68mustang
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I don't think you will miss much. I deal with Buffalo, too, and it is very rare that I get any current information from Ebenefits. I don't think they do a very good job of updating the record.
MY RO is Houston. They don't update as often as they should.
68mustang
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It is just my opinion but I think VA is doctor shopping, They can if they choose to send you to another C & P exam but they should process your claim as is. If you have to go to this new C & P exam make sure that you tell the examiner that you just had the very same C & P exam and "hopefully" he should follow the opinion of your first examiner. If you were diagnosed the first time, it will most likely not change but make sure the new examiner know this.
When I go to the C&P exam I will make sure that I take the copy of my first C&P exam and my doctor's opinion. I will ask if the examiner can explain to me why the first C&P exam doctor and my doctor's opinion are not valid opinions.Thanks.
68mustang
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Just sent in an IRIS inquiry just as Carlie stated. Now its wait and see if there is a response.
68mustang
I received the following response from IRIS today:
"We have forwarded this inquiry to your station of jurisdiction (SOJ) in Houston and asked for a clarification about an compensation and pension examinations and the status of your claim for ED".
Now have to wait for Houston to respond.
68mustang
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Just sent in an IRIS inquiry just as Carlie stated. Now its wait and see if there is a response.
68mustang
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68,
Send the dang VARO an Iris and/or better yet, contact the C&P department and inquire as to why the VARO is wasting their
valuable resources and piece mealing claims and work.
Tell them you already had your C&P for ED and an opinion was written on XX/XX/XXXX and signed off on by Dr. XXX.
Inquire if they are doctor shopping within their own agency, to get a negative C&P opinion.
Thank you Carlie and John999 for providing input. You better believe I am sending an IRIS inquiring exactly as you stated. Thanks again.
68mustang
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I just finished speaking to someone on the VA's 1-800 inquiring about my deferred claim for ED. I was told that I would be sent for C&P exam for that. I had a C&P for the ED earlier this year and in the opinion of the examiner it was due to my disability. The examiner was a regular doctor who performed several exam procedures. I don't know what kind of doctor I will be examine by now at this new exam. Anyone have any idea if I could be sent to another kind of doctor,such as an urologist, and what the exam procedures would be? Thanks.
68mustang
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If you add sleep apnea, it will be taken as a new claim if yo'uve never claimed sleep apnea before. It's not an appeals issue. It's likely to get bogged down until after the appeal is complete. I don't recommend doing it that way. See if you can get asbestosis first before you start chasing sleep apnea.
Do you have some medical evidence that supports a nexus between asbestosis and sleep apnea? I've never heard of such.
James thank you for your response. Right now I only have the letter that my pulmonary specialist gave me for the asbestosis.I do have sleep apnea and I was going to check with him to see if it could be related to the asbestosis. I probably got ahead of myself in asking about the sleep apnea and asbestosis. Could very well be that neither is associated with each other. Thanks.
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I am planning to file an NOD for a denial for asbestosis and need to know if I can add sleep apnea to the NOD? Or do I file a separate claim for sleep apnea secondary to asbestosis? Thanks.
68mustang
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As far as I know the Navy MOS PIES list is still here at hadit too and I am unaware of any changes there.
While it refers to Navy exposures ,it can also be interpreted as applying to any service branch MOS consistent with probable asbestos exposure.
Good info James and Carlie.
Berta thanks for the info.
68mustang
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This is the latest M21-1MR on Asbestos.
James and Carlie thank you very much for the info you provided.
68mustang
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Just checking to see if anyone has the updated 2009 adjudication procedures for asbestos related claims. I tried to get them from the VBA Manual website without success. Thanks for your help.
68mustang
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Thought some of the hadit viewers might be interested in the article on PTSD. I hope it helps someone.
68mustang
http://news.yahoo.com/s/ap/20100815/ap_on_go_ca_st_pe/us_soldiers_wrongly_discharged
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I received a mailing from my Congressman's office about a $250 rebate for those seniors with part d who have high RX bills. According to the mailing seniors' prescription drug bills have to be greater than $2,830. They will be sent a one-time $250 tax-free rebate from Medicare, no application necessary. Has anyone else heard of this before? It is great for those seniors who qualify. Remember it is only for those seniors that I mentioned from the mailing.
68mustang
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I saw this article and thought maybe someone might be interested in it.
68mustang
http://www.nytimes.com/2010/08/07/us/07burn.html?_r=1&ref=health
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I live about 4 hours away from my regional office and did not want to drive there.. Is there any other way to sign up for the premium on ebenefits?
I went to Audie Murphy Hospital's patient library and did the in person authentication for myhealthevet and then I was able to get a Ds logon for Ebenefits. It is time consuming and can take some time to get eve3rything set up for Ebenefits.
68mustang
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The following article on the military keeping distressed soldiers in combat sites came out on Yahoo. If it is too political just delete. Having known many PTSD sufferers it is sad that this is being done.
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§ 4.16 Total disability ratings for compensation based on unemployability of the individual.
(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of non-service connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.
(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.
This basically means if a veteran's condition warrants it, the veteran can claim TDIU but being awarded TDIU is still up to VA. Sometime VA will increase the veteran's disabilities to meet the percentage standards then award TDIU.
Thanks Pete992
68mustang
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When will y'all learn that you need not meet the 60% or 70% requirement for TDIU. You meet the requirement anytime your SC disability keeps you from working, no matter what the percentage. You can be 10% and still qualify. The VA states you need 60% or 70% only to keep TDIU claims from being applied for.
pr
PR
Where is it stated that you don't have to meet the 60% or 70% requirement for TDIU? Thanks.
68mustang
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I tried to log on a few mths ago when it first came about and was advised older era vets need to go to their VARO to sign in/register/become official patrons of this site. Well 157 miles one way, I am not at all in a big hurry to travel that far and they are located in the Heart of the City...toooo much traffic...scarey.
The way I got into Ebenefits was through myhealthevet website. I had already registered for myhealthevet on the internet. When I found out about Ebenefits I also checked on how to get registered for it and the VA's 1-800 did not know anything about it. So I got on the Ebenefits web site and checked to see how to get in through myhealthevet. The website has info on that and states that one has to get a DS logon. In order to get the DS logon I went to the Audie Murphy VA hospital here in town and went to the myhealthevet person located in the patient library who does the In Person Authentication (IPA). He ask for my ID and did the IPA and I waited a day before I could do a DS logon and registered for Ebenefits. It is a frustrating process but one that if want to have access just take your time to complete. Don't know where you can get an IPA where you are located but like I said I got mine at a VA hospital. I am also an older Vietnam Era vet and I came close to giving up, but like all of us here on hadit I did not give up. Hope this helps instead of confusing you because I am not good at giving instructions.Good luck.
68mustang
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Thank you for responding. My military occupations were Boiler Technician and Engineman and both are high on the list of military jobs that can lead to asbestos exposure. My exposure happened while stationed on a WWII type destroyer during the 1960's.
I probably could not get the specialist to change the letter. I had made corrections to a letter that he had first given me. The correction I added was "more likely than not". What I got was totally different than what I asked for. I am lucky to get it after more than three months of waiting.Thanks.
68mustang
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Today my pulmonary specialist gave me a nexus letter for my asbestosis that
ended with the following:
His only known exposure to asbestos was from his military service; so it is
possible that this exposure may have contributed to his current medical condition.
I have been diagnose with mild asbestosis and the pulmonary specialist I guess
did not want to state that it was more likely than not due to my military
occupation. This is the best I could get him to write in the letter. Any input
from you all on how this letter will hold up in the VA's decision process would
be appreciated. I don't know if it falls within the 50-50 category of having
caused the asbestosis. Thanks.
68mustang
When To Do An Nod
in VA Disability Claims Research
Posted
Thanks poolguy11550 for the response.
68mustang