Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
1454th Solider
-
Posts
52 -
Joined
-
Last visited
-
Days Won
1
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by 1454th Solider
-
-
1 hour ago, shrekthetank1 said:
I know my math can be off from time to time, but with that effective date, it is only 18 months of back pay. Also @brokensoldier244th is correct in each year the pay changes. Also it depends on when each of the percentages changed.
Sorry, I meant to say 06/18/2018 not 2020. Thanks for the quick reply.
-
I recently received my retro pay for an issue that was granted by the BVA. My backpay should have started at my effective date 6/18/2020, which is around 41 months of back pay. The RO only paid for 30 months according to my calculation. What can I do to get the RO to correct the error?
-
I was wondering if anyone could answer the question of who makes the final decision on a claim that was remanded to RO for more development? RO or BVA?
-
I have a question about the Fenderson staged rating.
My VSO was able to show me what the VA initially rated my granted back issue at, of course they low balled me.
It states:
MECHANICAL BACK PAIN (PREVIUOSLY CLAIMED AS BACK CONDITION)
Service Connected, Gulf War, Incurred
Static Disability
10% from 06/18/2018, Deferred Evaluation
They also added RADICULOPATHY, SCIATIC NERVE, RIGHT LOWER EXTREMITY as secondary condition at 0% from 06/18/2018, Deferred Evaluation.
What is meant by Deferred Evaluation? Does it mean they need a new C&P medical opinion? Is the low rating a Fenderson staged rating?
My VSO was able to see this after my BVA grant and before the RO scheduled any of my C&P examines.
I have not received any of this from the RO only my VSO. Thanks in advance.
I'm hoping the Deferred evaluation means they just wanted a new C&P so they can change the initial rating (increase).
-
Thanks broncovet and pacmanx1 for your comments, I feel a little better now, I'll give it another few weeks or more but I will definitely be reaching out to my VSO to see if their is anything that is in my claim that he can shed some light on.
-
1 hour ago, pacmanx1 said:
Congratulations on your win. The problem is that the local VA is not supposed to hold your benefits for the granted portion of your BVA decision, but they normally always do. Once the local VA determine your remand decision, they will send you a new rating decision. Even if they deny your remand, they will still have to send you a decision based on the granted claim and the new remanded claim granted or denied. My guess within three to six months, a little longer if it is a higher retro payment
Thanks pacmanx1 for your expeditious response, I wish the VA could follow suit. I've heard of the RO sending remands back to the BVA, what does that mean? It seems like it could delay the outcome if a judge has to look at the evidence again. I may be jumping the gun because it has only been a little over two months since the remand process started. On a side note, the BVA judge also directed the RO to give me another C&P on the granted issue (back; lumbar spine lower) to access my current level of disability. Thanks in advance for any input.
-
I have an remanded issue that was sent to the local RO September 24, I completed my C&P on October 19. Ebenefits currently says Prep for Decision. If the RO denied the issue and sent the remanded issue back to the BVA, how will I know and when will I know this was done? When will I receive back pay for the granted condition?
-
If you get rated for 100% before you win a BVA grant, will the VA still pay you the back pay even if your rating does not change.
-
please disregard
-
7 hours ago, brokensoldier244th said:
I don't understand what you mean by verifying that "they cancelled and not you...." and "because I have a claim in...".
You wouldn't have an exam request unless you had a claim in, unless this one was a Request for Re-examination.
In any case it's not that unusual- we've been doing this for the last year and some because depending on the location of the VAMC or Vendor, and local conditions, they become available or unavailable. Maybe they had an MH provider quit or get sick, maybe the VAMC is shutting down exams (again) due to a covid spike. Without looking I couldn't give you much more than that, and officially I can't look at a file that isn't assigned to me because of privacy laws protecting you.
Heck, sometimes if someone's exam has been dragging on for a few months I cancel it myself- and then I reschedule it with another vender or a VAMC because its faster for you. We've been shuffling exams like this for the last year as a location closes due to covid, or opens up somewhere else, or setting them up for video if that capability exists for that provider.
If they are going to reschedule it then they will reschedule it. In any case, you should be asking them, not us- we don't know why it was cancelled, they, or the vendor (depending on who it was with) do. You should have a phone number for the exam location, call it and see what they say.
you should be asking them, not us- we don't know why it was cancelled, they, or the vendor (depending on who it was with) do. You should have a phone number for the exam location, call it and see what they say.
I agree thanks for the feed back.
-
The VHA just cancelled my regular MH treatment appointment, saying the provider is not available at this time, "We will call you to set up another appointment".
My appointment is over a month out, what's going on? How can I verify that they cancelled and not me? Is it because I have a claim in? Stressed OUT!!!
-
5 hours ago, john999 said:
If you are trying to get 100% for a mental condition be prepared for an exam via VA. Have you looked at the criteria for 100% for any mental condition? If VA goes by their own criteria you have to be a basket case. You must be psychotic and needing to be institutionalized. I got 70% for bipolar disorder and my doctors were very supportive, but not to the extent I was psychotic and drooling. You can get TDIU with 70% and not have to roll around on the floor and bark like a dog.
Thanks for the input, I know a few Vets that have a 100% PT rating for Mental health disorders.
-
5 hours ago, broncovet said:
The VA has discretion on whether or not to order a c and p exam. Two example of when one isnt needed:
1. If you already have sufficient evidence for an award, that is, diagnosis, in service event, and nexus, as well as your symptoms documented.
2. If a C and P exam wont make any difference..such as if you dont have the requisite service, or lack an in service event.
Thanks Broncovet I'll be ready either way..
-
27 minutes ago, brokensoldier244th said:
Who filled out the IMO and DBQ? If you are already SC you don’t need an opinion for an increase. You just need the dbq and your treatment to show that you have profound difficulties in pretty much all function areas.
have you looked at the criteria?
My private PHD Pyshc. doctor filled out the DBQ and he opinion on my anxiety disorder because the VA C&P examiner gave me or added Unspecified Anxiety Disorder to my award on my initial MDD secondary to tinnitus claim.
-
At a current rating of 70% for Unspecified Anxiety disorder with MDD, is it possible to get a increase without a C&P exam? The IMO rationale & DBQ were added as evidence. I have been getting Mental health treatment at the VA since my last award also.
-
6 hours ago, pacmanx1 said:
I have a claim in appeal for well over two decades going from BVA to the CAVC then back to the BVA to be granted, to increased, to reduced, to restored and back to BVA for the final rating percentage. While all this has been going on, I was granted 100% scheduler P & T and the BVA still have not completed my appeal.
Thanks for the input, it looks like I need to go forward with my claim for increase. Thanks
-
I want ask if anyone has information or knowledge of a BVA appeal that is out of the 90 day evidence phase, holding up a decision on a claim for an increase on another SC issue? I would like know if I should just wait for the BVA to make it's decision first on the appeal, before I put in for the increase for the separate issue? Forgive me if this is not the right platform for this question. All information is welcome, Thanks.
-
Thanks everyone, a lot of good information was given. I just have to see if I can actually fall asleep with it on, my biggest problem is falling asleep, I'm hoping it will tune out my tinnitus issues but I'm definitely not going to give up my wife and kids are too important.
-
I was just diagnosed for sleep apnea OBSA by the VA and I have a follow up appointment I guess to get my CPAP machine. Does anyone have any insight on what to expect from this initial appointment?
-
I have put on a lot of weight the past two years because I don't like to get out and leave the house much and I don't feel like doing much of anything. I'm thinking this has caused me to develop OSA. Can my psych doctor or doctor opinion my excessive weigh gain is due to my depression?
-
I am secondary serviced connected 70% percent for MDD and Anxiety (Tinnitus can't sleep). I was recently diagnosed with OSA sleep apnea by a VA doctor (sleep monitor test) and my question is, if I were in the future to file for an increase for my MDD and Anxiety, could the VA reduce or terminate my compensation because of the Sleep Apnea diagnosis (OSA)?
-
You should go see a PHD mental Health doctor tell him your symptoms and how your Tinnitus keeps you up all night. Your lack of sleep has to cause a depressive mood and anxiety, trust me my anxiety is terrifying and I know your tinnitus is preventing you from falling asleep and staying asleep if it is bad as mine. I was able to service connect anxiety and major depression disorder secondary to my 10% Tinnitus at 70%, so it can be done you just have to get an opinion from a Independent physiatrist and be very honest (don’t hold back) during your C&P exam.
- Matt Birchfield and Al329
-
2
-
What can be done about a mental health social worker writing misleading information in your medical records? Questions you were never asked but they answered for you, statements you never made and contextual factors to your mental health that are the result (family problems, marital discord, lack of social support) of your conditions but it looks like they are saying this is what is causing it?
-
Due to my tinnitus being very bad, I was awarded a 70% rating from the VA for anxiety and depression secondary to my tinnitus due to it keeping me from sleeping. I have started my counseling with VA social workers and psych doctors from the VA. I ask my VA primary care doctor does the VA offer any treatment for tinnitus and the answer was, "There is no treatment the VA offers for tinnitus, just wear ear plugs and stay away from loud noises". My question is why would a PA want to test me for sleep apnea to see if that is causing my sleep problems but I can't get treatment for what I know keeps me up at night. I'm just curious if the VA doc is trying create a scenario that if I do have sleep apnea, then that is what is causing my anxiety and depression not my service connected tinnitus. I know sleep apnea is serious and I'm going to get the test but can the VA reduce or take my compensation if the PA opinions that she thinks my depression is due to sleep apnea?
Can she override two PHD Psychiatric doctors opinions? One IMO and the other a VA psychiatrist?
Thanks for your responses in advance. Elders please chime in.
Retro Pay is incorrect
in VA Disability Claims Research
Posted
Thanks, for your explanation I was only 10% back in 06/18/2018 and the new BVA award for lower lumbar was also 10% with effective date 06/18/2018. How can I request an audit form the RO.