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Big Papa

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About Big Papa

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    E-3 Seaman

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  • Service Connected Disability
  • Branch of Service

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  1. There are many drugs that are NOT on the formulary because the VA has classified them as non-formulary (Non-formulary drugs means the drugs that are not included in the list of preferred medications that a committee of pharmacists and doctors deems to be the safest, most effective and most economical. They are drugs not included in the drug list approved by the health care plans.) but they are available IF the doctor request and gives the "reason" and if the pharmacy agrees then that's it. However if the pharmacy does deny you can appeal. That being said not ALL VA Pharmacy's carry ALL non-formulary drugs so it'll be up to your doc, availability and the pharmacy.
  2. To reopen a previously denied claim REQUIRES new and material evidence not previously considered (38 CFR 3.156)
  3. I don't see it. Moreover, that link doesn't make sense, because everyone would be clicking that link. Furthermore, deciding a claim that isn't fully developed to render a decision isn't VA protocol.
  4. If the GMC IS a service connected condition, then yes the probabilities are high. If the GMC IS NOT service connected then no service connection can be granted as the MDD is not directly caused by military service or adjunct to an established SC disability. A C&P exam may be ordered if rating officer feels that provided medical evidence is inconclusive, weak or to verify. If service connection IS established, then the VA will rate based on symptomatology and limitations caused by the MDD.
  5. Martin : Unfortunatly no. 38 CFR § 3.59 Parent states (a) The term parent means a natural mother or father (including the mother of an illegitimate child or the father of an illegitimate child if the usual family relationship existed), mother or father through adoption, or a person who for a period of not less than 1 year stood in the relationship of a parent to a veteran at any time before his or her entry into active service. ( Foster relationship must have begun prior to the veteran's 21st birthday. Not more than one father and one mother, as defined, will be recognized in any case. If two persons stood in the relationship of father or mother for 1 year or more, the person who last stood in such relationship before the veteran's last entry into active service will be recognized as the parent. Big Papa p.s. some how the cool.gif got stuck where it indicates paragraph (B)
  6. Did your husband serve in Vietnam or in the waters offshore between January 6, 1962 and July 1962?
  7. Pete53: Thank-you for welcoming me. A clear and unmistakable errors is very specific and the BVA (as-well-as the RO) tend to keep a close eye on. Essentially a clear and unmistakable error is a result of (gross) oversite by the VA Rating Specialist, DRO or the BVA where the evidence of record needed to grant a claim was overlooked or the regulatory provisions (VA laws, rule and regulations) were not accurately applied. ie. File an original claim (OC) for x disability and was denied. Re-file years later for x disability with the SAME evidence used in the prior denial and this claim is granted, it is then considered a CUE and retro pay to original date of the (denied ) claim. In a nut-shell 38 CFR 20.1403 states that if a claim results in an unfavorable decision due to VA overlooking the evidence or erroneously applying VA law will then result in a CUE and only then is retro pay dates to the OC.
  8. Yes, it is automatic. Pursuant title 38 CFR PT. 3 §3.350 (i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and, (1) Has additional service- connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems Note, the regulation states is payable where the veteran... . In my experience as a VSO all claims meeting the above referenced criteria by law [38 U.S.C. 1114(s) ] has to be granted. The word total in VA language is 100% B)
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