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Dustoff1970

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Everything posted by Dustoff1970

  1. My downloaded letters from VA gov state I am 100 p and t and gives date of the award. Previously it said I was tdiu p&t before my up grade to 100 p and t scheduler.
  2. You may have to find another specialist Pomologist {VA or private} to give you a complete test and treatment and diagnosis of Asthma and tho not necessary under the PACT ACT it would be helpful if the new doc says he/she believes your Asthma is directly due to your exposure to dust/toxins in the ME and in service. This possible diagnosis will offset/counter any negative opinions from a non specialist non doctor C&P examiner and will be most helpful on a BVA appeal. Unlike the VARO raters the BVA judges almost always give great credit to the specialist credentials and experience of doctors opinions in support of the vets claims/appeals as the judges will often say the examiners opinions are inadequate or not convincing compared to private doc specialist opinion. Worked for me on several recent BVA appeals that were super successful for me. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  3. This is a case where the VA raters often ignore precedent CAVC court decisions and even the 38 U.S. Code and 38 CFRs. According to present and former senior VA raters (DROs) and VSOs if the VA raters "believe" you have obtained the "ability" to engage in substantial gainful employment then they can and sometimes do order up a revaluation C&P exam and/or simple issue the vet a reduction proposal of their TDIU rating. They of course know the vet may win an appeal to their reduction of TDIU but they don't give a hoot. key words are believe and ability. Purely a subjective judgement call on the part of the VA rater (whim). 1. If they think you are deliberately working in a structured employment situation making below the court's definition of substantial gainful employment (Faust v. West) based on the area poverty income threshold for more than one year then this is a red flag to them. 2. Even unpaid volunteer work can trigger a red flag to them depending on the type and extent of volunteer work. Depends upon the whim of a VA rater if some one snitches on a vet to the VA. 3. There was a recent U.S. Federal District Court case that found a vet guilty of felony fraud for doing a great deal of volunteer non paid work for an extended period of time while drawing VA benefits for TDIU. The vet should appeal that decision to higher appeals court. 4. These same rater and VSO pukes have a very narrow view of what they consider a sheltered work environment to be. They of course receive IRS data sharing on any income that TDIU vets are receiving so buyer beware. 5. For over 25 years I have been rated P&T TDIU due to Nam PTSD (single disability) and in last 5 years rated at 100% scheduler with SMC-S and at no time have I wanted to test the VA raters by engaging in any type of paid or volunteer work except a very brief period of part time work around 2002 or so. Don't play with the devil as he always wins. His game and rules in this type of situation. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  4. This court decision/discussion along with the other court cases cited in this decision is powerful important information for those holding a TDIU rating and thinking about doing any kind of work period while holding a TDIU rating. Even volunteer non paid part time work can be a threat to a vet for continued TDIU rating that could be terminated at the whim of VA raters. This should be a must read for those with a TDIU rating including a P&T TDIU rating unless the vet has held the rating for more than twenty years and even then a U.S. District Court may convict the vet for felony fraud. It has happened recently to a vet on a TDIU rating doing a lot of non paid volunteer work for an extended period of time. Even after 20 years VA attorneys may say fraud was committed if the vet engages in their idea of what is substantial gainful work. This latest court decision will not sit well for those holding a TDIU rating and do not want to hear or read it but that is real life now and for past 25 or more years and the CAVC and Federal Appeals Circuit Court will not demand but only ask the VA for a firm solid definition of what is substantial gainful employment and what is a protected work environment, etc. This court decision and discussion covers all what if scenarios of vets engaging in full or part time work or volunteer activities. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  5. The Title 38 U.S.Code and 38 CFR regulations have been consistent and clear for many decades that the effective date of your disability rating/claim is the date you filed your claim OR the date you were diagnosed and/or treated for the service connected disability which ever is the later of the these two dates. Example here is my first VA diagnosis of Nam combat PTSD at a VA hospital was in 1985 and 85 was year I filed my first claim. My actual PTSD combat stressors occurred in 1970 in Nam and the Army medical records in Nam and later Japan diagnosed me with combat stress and anxiety with prescribed medications, etc. However, by law and regulation the effective date of my PTSD claim was 1985 and not 1970 when the actual stressor injuries and PTSD diagnosis occurred. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  6. Two out of three BVA appeals for me over past 30 years have been granted and one CAVC appeal was a partial victory in 2003 or 05. I never had a need for a complete copy of my entire or even partial C-File for the BVA appeals or the numerous successful VARO rater decisions granting my claims for TDIU, P&T, PTSD, GERD, Heart Disease, Tinnitus, Hypertension and Sleep Apnea. Instead, I relied on copies of my VA and private medical records plus copies of my partial Army SMRs. In the CAVC appeal I was given by court order copies of many documents in my C-File in order for me pro se to continue my appeal. From 1985 to 91 I had very sorry assistance from a biased Korean War Vet DAV VSO and never trusted them since then. Some are of course A OKAY but it is hit or miss with the critters. Shop around carefully for a VSO. Check their experience level and attitude toward your claim. A complete C-File is not needed usually to win claims and appeals IMO. Your VSO may have gummed up the works. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  7. Even if one has strong positive favorable medical evidence to support their claim the VARO raters very often deny the claim and the vet then wins his/her claim on appeal to the BVA with the same evidence but of course a delay in benefits of several years or more. Very unjust and unfair but it is their game we have to play. If one has weak medical evidence or none then one cannot usually win at the VARO or the BVA. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  8. Some vet advocates consider any rating held less than 5 years is only temporary until the rating becomes static but I do not believe this myself. Your example of your 3 month temporary rating is absolutely correct example of a true VA temporary rating. I have never had a temporary rating so far.
  9. I have never held a temporary rating except for my various ratings of less than 5 years in length (from 1985 to 2000) that was then all of them made permanent or over 5 years. My PTSD and TDIU over 25 years and Sleep Apnea and Heart disease well over 5 years. Gerd and Tinnitus plus Hypertension for about a year now. Since all these ratings are permanent or static and my age is 77 I have no worries of a reduction in anything. My VA claims at VARO are expedited due to my Purple Heart medal and my BVA appeals are expedited due to my age over 75. All is good now for many years plus I receive SMC-S with retroactive award and now 100% P&T for over 5 years retroactive. It did take over 20 years to get to this point so I tell others that patience is a very important trait to have.
  10. Within past four years I had two BVA appeals with a favorable outcomes. One was a direct review and after one year in waiting I turned 75 and the BVA by their own rules then expedited my appeal and an award decision was issued within a few months. There are other reasons the BVA will expedite your appeal besides the age factor. Check into it by visiting the BVA website. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  11. You need to go shopping and find an experienced accredited DAV, VFW, Legion, etc VSO found at VA regional offices and VA hospitals to assist you with claims and appeals. You do not have to be a member and their services are free to vets. Check out their attitude before signing a POA. If they seem disinterested, negative about everything before they hear your whole story, lazy or hostile then move on to the next one. You can do some of this by phone if far away. Walk ins are accepted but appointments are better. Bring copies only of all your medical treatment notes, diagnosis and medications from both VA and private docs, and any SMRS copies you may have. Others can provide you on proper way to find an experienced and accredited veteran's attorney. Good luck going forward. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  12. Okay here is just one recent example. In the city of Reno, Nevada low income veterans are allowed to stay in very modern nice apartments for around $500.00 per month with amenities. These are often called senior apartments but for all low income folks. The same type apartment cost on the open market over 2000 per month easily. I am staying in an older apartment complex with limited amenities for over $1800.00. Here is another one low income veterans with or without VA pension can get the same free VA dental and VA health care that I receive at a 100% rating. Plus low income veterans and others get all sorts of state county health and other benefits and many qualify for medicaid plus SSDI sometimes. Additionally there are many non profit organizations that provide free meals to low income folks and seniors and then there are special shopping times and discounts. There are even more that i cannot not recall at this time. In terms of dollars this all adds up to more than i receive and my 100% disability pay from VA disqualifies me for most of the above items. Many pharmacies provide free or heavy discounted medications for low income folks. Also low income folks receive discounts on utilities and discounts just about everywhere on everything. You need to do your research as you are missing out on many good benefits as others like you are doing just fine being low income including those on welfare. Soon you will have a lot more company from south of the border as they will receive all you are getting.
  13. If the VARO raters believe that one or more of your disabilities has improved then they may propose a reduction in one of those disabilities thus reducing your 100% rating. In the old days from 1985 to 2000 the VA raters could not (usually) reduce a disability rating until after two separate C&P exams showed an improvement in one or all of the disabilities and these exams were conducted one year apart from each other. I know this from my own experience. Also then the 38 CFR regulation stated that the C&P exam for revaluation had to be "as complete and full as the initial exam establishing service connection for the disability rating level" Rules of today state that a disability/s are considered as static after 5 years and after 10 years the rating cannot be terminated but can be reduced and after 20 years the rating cannot be reduced or terminated unless fraud was used to get the rating/s. If you are over age 70 then this is also considered another factor for unlikely reduction unless the raters have strong evidence supporting your substantial improved medical condition. Same goes for a 5 year static rating. All temporary 100% ratings can be reduced at any time if your conditions improved such as a 100% convalescence rating after a surgery or another procedure that results in you receiving a 100% temporary rating for recovery. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  14. The city of Reno has a very good program for helping the homeless street folks with all kinds of aid, benefits, etc. and yet a great many prefer to live on the street pushing their piled up belongings along in grocery carts and erecting temporary tent encampments at roving locations and of course begging in parking lots and street corners. The fact is many are violent people with mental illness and ex cons convicted of violent crimes against others. Very common in all large cities and they will act threatening to get what they want. Some of the beggars have modern cars parked nearby. How many are veterans I do not know but now days the VA and charities have all sorts of aid and housing and medical benefits for homeless vets including pensions for just being poor plus many get a disability check from SSA or VA instead of pension. I am amazed at all the benefits that "poor" vets receive from VA and charities that exceed in money value my 100% disability check. So to heck with them for staying on the streets. I have experienced this first hand in Reno and other large cities so must always be cautious in our "safe and secure" USA. Society should be protected from violent people regardless of the cause for their being violent. Many use Mental illness as a front or excuse for their threat against others and the stinking courts by into this crap everywhere.
  15. Good news is you are not ask or required to attend an ACE C&P exam as this is only a records review of your medical history and as in my two recent cases done by a Nurse Practitioners somewhere in the universe. As an example I underwent two recent ACE exams for 1. My recent increase to 60% for Agent Orange heart disease by the BVA and the VARO ordered up this exam that was great for me as the examiner recommended to the VA raters to continue my 60% rating. My age is 77. 2. Also received another ACE exam for my Agent Orange Hypertension (HTN) blood pressure rating of 0% and again the NP examiner recommended no change in my service connection for HTN. I had no in person or telephone or zoom contact with the two examiners. However, be proactive and organize and make copies of all you past and current medical records (evidence) to justify your continued present rating levels for your SC conditions. If for some unlikely reason the VARO raters propose a reduction in your rating/s then you will have this current ongoing treatment and medication medical evidence to refute or oppose their proposed reduction and even ask for an increase in one or more conditions if you have strong medical evidence to support worsening of said conditions. Since you have held this rating/s for a long time and over the age of 70 then it is very unlikely the VARO will try to reduce or terminate such rating unless they have strong medical evidence that your condition/s has improved. An experienced and accredited VSO (DAV, VFW, Legion, etc.) at a VA Regional office can be of assist to you in this matter. They are free of charge and you do not have to be a member of any of them. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  16. Diverticultis DC code 7323 is rated as same as IBS DC Code 7319 and you can advance two contentions at same time in the same claim as stated by broncovet. First or number one is that your new severe 7323 is secondary caused by and/or aggravated by your service connected 7319 and Number two contention is that your 7319 should alternatively be increased to 60% due to your new severe Diverticultis diagnosis. You must have strong evidence to support your claim for a 60% rating level or increase from 30 to 60%. Here is my example as I recently received 60% for GERD but the VA raters used the DC Code for Hiatel Hernia for symptoms and rating of my GERD. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  17. After many many cp exams I never had to give a full medical history to the examiner at all.
  18. If your dad had you or a family member listed as a dependent then you may have or should have filed a dependent (DIC) claim due to his passing from a long term 100% P&T disability for continued dependents compensation. He was both 100P&T and also evidently died of a service connected disability/s so he should qualify for the VA death benefits. Others more knowledgeable can give you much more accurate information on this issue and should be along soon to assist you. You can also consult with an accredited experienced VSO from DAV, VFW, etc found at VA regional offices to make further inquiries on your behalf ASAP. They do not charge vets for their services and you do not have to be a member of any of their organizations for their help. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  19. He should qualify immediately based upon what you have said. You can fill out a VA form 21-526 and on the line for type of disability filing simply write Special Monthly Compensation SMC-S and give the effective date as the date he qualified for SMC-S that would be the date of the additional 60% rating for HTN heart disease. Please note that for over 25 years I was rated at 70% PTSD with P&T TDIU and upon receiving 30% for Nam Agent Orange heart disease and OSA Sleep Apnea at 50% I was then automatically awarded SMC-S back dated to 2017 that was the date of my OSA claim. Just as I did for other 526 form claims you should attached supporting evidence copies of all his VA serviced connected conditions and copy of their VA own decision letters awarding him TDIU and 60% for heart disease plus cite the correct 38 U.S.C laws and 38 CFR regulations that qualify him for SMC-S. You can also just I have done attached a brief STATEMENT IN SUPPORT OF CLAIM explaining your contention for SMC-S. Even tho the VA VBN raters have all this information in his C-File it is extra insurance to send the above evidence/documents to them again to make sure they know that you know and can prove it. Send copies only of course. In very recent time I have thanks to the BVA appeal board received 60% for heart disease and from the VARO 60% for GERD, 10% for Tinnitus and 0% for HTN high blood pressure. He may be entitled to many years of back pay for SMC-S. An experienced accredited VSO at a VARO office or others on this forum can provide you with the correct Title 38 laws and CFR regulations plus form numbers for your claim. A google search will also yield this information. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  20. In 2017 I filed a claim for Nam Agent Orange Heart disease and the VARO gave me 30% but nothing higher as they said my 2014 Bruce Treadmill Stress test METS results were not current for a higher rating and of course the biased VA C&P examiner also ignored my Stress test results that showed I was qualified for a 60% rating. On later appeal to the Board (BVA) the judge accepted those 2014 test results and granted me a 60% rating.
  21. Vync that is very similar to the 98 C&P exam worksheet that the VA clinical psychologist used to evaluate me for renewal and increase of my PTSD that was then rated at 70% with TDIU. I have a copy of that examiner's evaluation in my files and it was 9 to 10 pages in length. That was good stuff then and better than today's chicken chit DBQs in my opinion. Many private doctors will not fill out a lengthy DBQ that leaves very little room for their in depth comments, etc. This is to the advantage of the VBN.
  22. Handle yourself as you would in an in person C&P exam and just like an in person C&P exam offer to show them any medical proof evidence to support your claim. You can do this by sending it via fax or email. For example at the request of a QTC C&P examiner I sent him an email of my recent high blood pressure read outs to him for his concluding the hypertension exam for my claim and I was successfully serviced connected for this HTN disability in short order. It is an optional decision by the examiner as to whether or not they will look at your offered evidence or accept it for later review. Some will and others will not. It is their choice. I have over 30 years had great success in submitting my supporting medical evidence to the examiners at the exams with some keeping the evidence and others reading thru it then returning it to me on the spot. When the examiner ask how you are doing then don't say you are doing fine or okay. That would be dumb. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  23. A quick Google search will reveal many links from medical institutes such as NIH showing BRUXISM is highly associated with PTSD and anxiety. However you will probably need a qualified medical specialist or at least an MD to state in writing that your bruxism is more likely than not (greater than 50%) caused by/secondary to your service connected PTSD. They must also provide a detailed written explanation of why this is so to justify their nexus opinion. VA raters on another forum are quick to point out that just because a medical condition is associated with another medical condition then this does not prove the first condition caused the second or become worst. A second argument that should and could be made is for any increase in the severity of your PTSD disability rating due to this Bruxism diagnosis arguing how this is evidence of increase in your ptsd stress level and major interference with your daily and nightly sleep routine that also harms and damages your teeth and physical and psychological functioning on a daily basis. Again a doctors written statement agreeing with this would be most helpful especially for a BVA appeal. Others with more knowledge can give you more info in addition to consultation with an experienced VSO at a VA regional office. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  24. Broncovet I don't see anything you have to be humble about bro. Not all folks go strictly by strict rules, regulations, guides, etc., including C&P examiners as I just stated in my above comment based upon real life experience of many years and other many street wise vets have done the same. A guide is exactly that a Guide and and often ignored by all sorts of people including examiners, VA raters, vets themselves such as me. Years ago I learned to successfully think outside the box and ignored the advice of biased VSOs, etc. or I would not have chit today. I don kowtow to anyone. The few C&P examiners who ruled against me and were eventually overruled by the BVA did not follow proper guide or DBQ procedures and upon request I can give several examples. The BVA in their decision pointed out what procedures the examiners and VA raters deliberately ignored in their guides and DBQs. Those were not honest mistakes as the same bureaucrats make the same "mistakes" year after year after year. My comment is not legal advice as I am not a lawyer, paralegaVSO
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