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broncovet last won the day on August 1

broncovet had the most liked content!

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About broncovet

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    HadIt.com Elder

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  1. Just go to the C and P exam, on time, tell the truth and wait for the envelope. Tell the examiner how you feel on your worst day. If you can, get a copy of the c and p exam and see if its favorable.
  2. Was the surgury done at the VAMC? Im "unaware" of any ortho surgeon who does foot surgury at my VAMC. I would love to know if they referred you to an outside provider. My foot pain is "mostly" limited to my left foot, and I use my right for braking so thats not an issue for me. Especially painful, for me, is walking (or standing!) on concrete or other hard surfaces for more than a few minutes. After an hour on concrete, it feels like someone poured gasoline on my feet and light them on fire. (Both feet). Mostly the pain and numbness is limited to the left foot "except" when I walk on hard surfaces more than a few dozen steps. Im interested in any other details you feel led to provide, such as do inserts in your shoes help, are some shoes more comfortable than others, does it hurt all the time, or just sometimes, even your age, etc.
  3. It sounds like you have a copy of your medical records. You need to check your medical records to see "if there is a diagnosis" for the conditions you claimed in your medical records. If (the diagnosis) IS there, but VA didnt read your evidence, you could try either a SCL or Board appeal. However, you are almost certainly going to need additional evidence so dont do a HLR because those dont allow new evidence. I like the Board appeal..you have already been denied by the VARO. The SCL may be faster but it can also be a waste of time, since you may have to appeal the SCL to the Board anyway. As always, make sure you have the Caluza elements documented to win your claim.
  4. Thank you for your response, deedub! Did the surgury (tarsal tunnel release) or the "arch rebuild" help you? Yes, my ankle hurts sometimes as well as my feet.
  5. If you want to make sure he reordered your PTSD meds you have about 3 choices: 1. Go online to my healthevet, and go to "reorder prescriptions". (after login). They have a number there, that says how many "refills" left. If that number is zero, then you have no refills left, and you had better contact him again and ask for refills. 2. Contact the pharmacy and ask them this question. 3. Contact the doctors office and ask him this question. Other than "do nothing" and wait, number 1 is probably the easiest.
  6. Welcome to hadit! Unfortunately, there is no "simple answer" that you seek, and you wont know until you get the award letter. I do suggest you keep reading, however, because you may need to decide whether or not to appeal the effective date. Its gonna be all about the date the decision says, which you can appeal if you so choose. As always, however, the effective date is the later of the "facts found" (the date the VA determined your parents were dependent on you) or the "date of claim". You should know these dates much better than we do. If your parents moved in with you, that date may well be the "facts found". Or, if you sent them money for more than half their support, when that first began may be used as "facts found". Of course, if a "doctor" determined your parents were dependent on you, then that could be "facts found". Lastly, if the IRS deemed your parents "dependent" on you, then that date could likewise serve as "facts found". I have no idea when you first applied for them to be dependents. (date of claim). If you had a recent decision awarding something "else" you probably have one year to "add your parents as dependents" to that claim, to make it effective on the date of that recent decision. In short, we wont know what the VA determined as the effective date until you get the letter. Even then, the VA often gets the effective date wrong. There are many, many appeals of the effective date. This would include mine. I had to appeal the effective date, at least twice. I won both appeals..eventually, and got the effective date I thought I deserved. But not without a fight. Hopefully the VA will get your effective date "right". Incredibly, they do that sometimes, too! It just never happened to me! There are exceptions to the general effective date rule I mentioned. You can read them to see if any of these apply to you: https://www.law.cornell.edu/uscode/text/38/5110 As always, the effective date laws are complex and often disputed in court.
  7. Have you received the written VARO decision? If you have, and the money you received was inconsistent with the decision, as pacman suggested, request an audit of payments. Dont do anything, yet, until/ unless you have received the VARO written decision. However, if you received the written decision and the decision made an error on the effective date(s), you can try a cue, or, probably just file a nod and appeal the effective date.
  8. There was a post on "flat feet", so I thought I would ask: My VA doc was useless. Even the foot doc was no help. He did give me a set of inserts for my shoes, but I had better luck (and more arch support) by ordering arch support inserts online. Berta mentioned she got insoles fitted by a doctor. I really never have had them fitted by a doc. I have had a total knee replacement, (not service connected but should have been, its moot now since Im already 100 percent plus SMC S). I fractured my leg in the military. Most of my foot pain is limited to the left foot. Pretty much it either feels numb or pain all the time. Fortunately, mostly numb. Im not a diabetic, and have not been diagnosed with peripheral nueropathy, but I think I have that anyway. Even worse than my foot pain is my brother's foot pain, and I want to help him. I have tried some things with some success, but not as much success as I like. 1. Orthopedic inserts. The leather ones from Berkinstock seem to work best, as they support my high arch. 2. Stay off cement. I try not to walk on concrete surfaces, at least not for very long. If I walk on concrete, such as a Walmart, my feet will start to hurt within 1-2 hours. The only relief is to "get off my feet". 3. Nurtirition therapy. I beleive many disorders (diseases) can be helped or even cured with great nutrition, mostly lacking in our diet. For example: a) I use olive oil only at home for cooking. Its rich in poly phenols which seems to help. It has to be good quality olive oil "where you know" the farm it was made. I also eat olives. b) "Deep root" plants. Some examples of deep root plants are all fruit growing on trees, since trees have a long root system and it can pick up minerals deep in the ground. Much of the surface soil has long since been depleted of minerals. But plants with long roots can still get to minerals deep in the ground, where we havent managed to pollute or remove all the minerals yet. Nuts are good, for same reasons. Alfalfa is good, it has roots that go up to 10 feet deep. Corn is poor. Its a surface crop with little nutrition and mostly calories used to fatten animals. It works to fatten pigs and cattle. Carrots are good, they have a deep root. So are beets. c) Only quality meats. I buy buffalo when available. Laws prevent feeding buffalo antibiotics or horemones. When buffalo is not available, I try to get organic or at least grass fed beef. For fish, I try to get "wild caught". Yea these cost more but isnt your health worth a few dollars a month?
  9. Mileage (travel reimbursemet) at my VAMC will only be "backpaid" 30 days. I can not vouche for your VAMC. If you had VAMC appointments on July 5, 9, 17, 20,24, 26, you can apply for them all at once. The easiest way (at my VAMC) is go to a Kiosk where you sign in. Of course, I can not guarantee they have those at your VAMC. You can also go to the Travel office. I got refunded prescription copays by going to the "means" office in my VAMC. Just ask for the means office. Take your VA letter awarding benefits with you. You can get back pay for this for a long time. I got 800 dollars on mine.
  10. It looks like you are "at the CAVC" in the appeal period. Did you know you can hire an attorney for free at the CAVC? (EAJA pays the fees if you win) How do I know? I have been to the CAVC 4 times, once Pro Se, and the 3 others represented by an attorney. All my lawyers were paid by EAJA. My attorneys: 1. NVLSP, 2. Julie Glover at Glover Luck, 3. Chris Attig with Attig Steele. I won a remand at each visit to CAVC, and eventually won additional benefits upon remand. These are all professional, experienced law firms, and they dont take cases, pretty much, unless they know they can win. They make a living at this, and dont want to work for free. So, you can send your paperwork to an attorney (recommended). Its a little hard to read for me, probably because I dont have your Cfile available. When I appeal, I do it in the following format: 1. The VARO decision dated mm-dd-yy stated, "there is no evidence supporting an earlier effective date". (Now, I refute that statment). Contrary to the RO decision, in Jan. 1990, I was admitted to the VA hospital for these conditions. (cite evidence of hospital admission such as records). You want to "parse out" the 2 effective date issues: "Date of claim" and "facts found". You still may need an IMO from a doctor to "review your records" and state what I stated, above, pretty much. You dont need an IMO if your "date of claim" is not in dispute for that part...just the "facts found". Hint: Read over the rules for effective dates and see if any of the other exceptions apply to you. https://www.law.cornell.edu/uscode/text/38/5110 A few examples are: 1. If this was a claim for increase. 2. If you applied within a year of exit from service. 3. If you filed an ITF. 4. If laws changed. You should get the more favorable of the old laws or new laws.
  11. I cant answer PERSONALLY, because my ILP was denied, and I didnt persue appeals at that time. You have to apply for ILP through Voc Rehab, which I did, and the VARO confused ILP with Voc rehab and denied. According to this, you should even be able to get recreational items: One Veteran reported getting these items for ILP: 1. Memory Foam Mattress Topper2. Adjustable Hospital Type Chair to sit in while in the Kitchen working.3. Electric Can Opener with tool to open Pop tops.4. Non-slip Shower Mat5. Shower Head with hose so that I can rinse off different areas of my body and not have to stand directly under a shower nozzle.4. Sony VAIO Laptop Computer with carrying case, Microsoft Office 2007, Anti-virus, extended service plan / warranty.5. Planning Calendar / Planner6. Roland Fantom G8 Workstation / Keyboard / Synthesizer for music therapy to help with memory, depression, PTSD, etc. $3500.007. Roland Amplifier for Piano $600.008. Stand for keyboard $100.009. Stool for Keyboard $80.0010. Headphones for keyboard $140.0011. Lift Chair / Recliner with Infra-red heat, massage, lumbar support that raises lowers and reclines by remote attached to chair. $1400.00 Another Veteran got a lawn tractor and items worth 20,000. Alex took much longer because he appealed the size of the greenhouse, but you should get stuff within a year.
  12. Pacmanx1 is correct. It confuses everyone when you post your question in someone elses post. Start a new one.
  13. "Your doctor" provides VA "part 2" of the effective date (facts found). Part 1 is the "date of claim" and part 2, is the "facts found" or the date the condition arouse. Social security calls it the "onset date"..va calls it the effective date. It sounds like you established and agree (with VA) on "date of claim". (1974). But you dispute their "facts found" (the date the doc said you were disabled). In order to refute medical findings of fact (such as when your disability began, or was confirmed), you refute the c and p exam with an IMO, where a doctor reviews your evidence and determines your disability first began (was confirmed..by history) on xx date. In short, you likely need an IMO to win an eed if the facts found are in dispute.
  14. Veteran's compensation is paid to Vets "taxes already deducted"...so we get less. For example, a 100 percent Veteran gets 3106.04 per month or 37,272 per year. However, the median income is 61,900 per year. Source: https://www.census.gov/library/stories/2019/09/us-median-household-income-up-in-2018-from-2017.html#:~:text=Real median household income in,1.8% and 3.3% annually. (VA income is supposed to replace income from working lost due to the injuries). So, instead of paying us 61,900 per year, they give us 37,000 per year and this is justified because we "dont have to pay taxes" (seperately). We pay taxes on food, cars, everything else we buy, and even VA income is countable for pension purposes, so you cant get VA disability income and pension. Workmen's compensation is not taxable, mostly because the compensation given to workers "has already" had the taxes deducted. Otherwise, workers would get "regular pay" with benefits for an injury, which would be much more. https://www.thehartford.com/workers-compensation/taxable#:~:text=The%20quick%20answer%20is%20that,taxes%20on%20workers'%20comp%20benefits. Ditto for VA benefits. The idea is we can accept much less because its "tax free". Municipal bonds is the same thing. Muncipal bonds are tax free, but pay a lower interest rate than taxable bonds. Its like Verizon "giving you a free phone" by subscribing to the service. Do you think the phone is "really free"? I dont. We pay for it, our bill just does not "seperate it out". I would rather have my 61,900 per year and pay taxes on it than the 37,000 I get without taxes. The VA is fooling us into thinking we arent paying taxes...they just already deducted them, and didnt give us a seperate accounting. Just like Verizon giving us a free phone. More importantly, we were injured making our country free. Our country exists because of brave men and women who fought and died for freedom. Freedom isnt free, and Veterans fully deserve our benefits. We earned them just like employees earn retirement, pensions, health insurance, etc...only more so.
  15. The VA "gets away with this" because they have 500 lawyers on staff and we cant afford to fight them, up to , and including the SCOTUS. You may be the guy to challenge them on this. File a nod, appeal it, (because retro was paid in deflated dollars without interest.) Then take it to the board, after denial. Then appeal the board denial, and the cavc denial, and, likely federal circuit denial. Maybe Mr. Ken Carpenter can help you.
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