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broncovet

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broncovet last won the day on January 23 2018

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About broncovet

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  • Service Connected Disability
    100
  • Branch of Service
    Navy

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  1. "If" you posted your reasons and bases in the decision, "and" you redacted and posted your 2 exams, only then could I give a good opinion on whether or not you were "developed to deny", and then I could suggest how to proceed.
  2. Back up! While its true this "may" be developing to deny, you wouldnt know that for sure UNLESS: 1. You have significant training and understand of audiology AND the VA claims process. 2. Exam 1 "truly" had everything you needed AND was current enogh. C and p exams get "stale" after a while. For example, was the test "Maryland CNC"? If not, it wont do. Also, were your ears checked for occulusion of wax? If your ears are full of wax then no wonder you cant hear. The audiologist "may or may not" have documented he checked for wax/debris occlusion. You would need an experienced person to know if this was developing to deny. "Probably" you wouldnt even know that until "after" it was denied! Frankly how would you know if it was developing to deny if it was not adjuticated yet, it may have been "developing to award" if you get benefits, instead! When you get the denial envelope, (if you get one), then keep copy of the exams, and you can allege developing to deny at that time, if the evidence so supports that. The second part of your question is about speech discrimination. Speech discrimination is super important, and its different than hearing loss. Allow me an example. Let's say you spoke the english equivalent of "fork" in chinese. I dont know what it is, but lets say its " fylancetou". Your brain interprets words into meaningful terms. The brain loses its abliity to interpret words into meaningful stuff, often over time, if you have hearing loss a long time. If I spoke "fylancetou", your brain is unlikey to make a connection to the common everyday eating utensil. You would not know what it meant. You could hear the word, but it would have no meaning because you are unlikely able to convert chinese into English. In a similar way, a person would poor speech discrimination may "hear" the word "fork", but may not be able to associate that with the common eating utensil. You hear it, but it doesnt sink in, because your brain could not discriminate it. Again, poor speech discrimination often means you have been hard of hearing or deaf for some time. Your brain gets lazy, and tunes people out, and no longer interprets words into something meaningful, and loses its ability to do that. Finally, hearing loss is measured in "decibels" and rarely percentages. You have a 50 decibel loss or a 70 decibel loss "in a particular frequency". They frequency is measured seperately and then "averaged" together to get your rating. I have a 55 "average" Maryland CNC decibel loss, with about 85 percent speech discrimination. Speech discrimination is done in percentages, hearing loss is measured in decibels.
  3. Yes. Try calling your VAMC prime care doc, and ask him/her. I think if your doctor said it was "medically necessary" VA would probably pay for it and ship it to you. If you have a good rapport with your prime care doc, you may be able to send him an email via ebenefits and request it. With my VAMC, if I email the doc, the email goes to "the blue team". Try that if you have such a thing.
  4. Yes. Download the form and file it. https://www.va.gov/vaforms/va/pdf/VA9.pdf If this link does not work, search "VA form 9 download". Use the result "on the VA website" if you dont want to pay for the form. Hopefully you know "what was denied" and preferrably "why" it was denied. You may be able to "see" the applicable SOC with VBMS Access. You can get VBMS Access through" 1. Your attorney, or non attorney practioner, if they have vbms access. 2. Your VSO, if he has VBMS access. He may also be able to send you a copy "even if" he does not have vbms access.
  5. Maybe. VA has to "elect" to release them to you. (GRRRR). Try these 5 methods: 1. Go to your VAMC, to the "release of records" office and request it. 2. If it was an outside exam, such as QTC, you can "try" requesting a copy with the examiner's office. 3. If the exam was "some time" ago, it may be in your VBMS records. To view that, you have to be a VSO, (with VBMS access) an attorney (with VBMS access), or a non attorney practioner, with VBMS access. 4. Order a copy of your cfile. Expect delays. 5. If you have recently made a trip to the BVA, then try the RBA.
  6. You "may" be able to do this appointment via telehealth at your computer or smart phone. You should call the examiner and ask. https://www.dayton.va.gov/services/Telehealth.asp This is for dayton, you can look it up for your city.
  7. Wow, it seems that congress SOMETIMES actually works. It sounds like they fixed that error. I wasnt all that concerned, I kinda knew that if the stimulus package excluded disabled Vets and social security recipients, there would be a WHOLE LOT of mad people, because those are the ones that need it the most.
  8. Again, I agree with PETE. Tatoo THIS on your arm so you remember: Now that you got that one straight, wait for the envelope. Your lawyer "may" be able to see the letter before it arrives via snail mail in your VBMS file, which he should have access to. ONE exception: Check your ebenefits "letters". If there is a letter that says you are 90 percent, chances are great that you are 90 percent. Reason: VA does not want Veterans running around with "letters" that say they are 90 percent when they are not.
  9. I agree with Pete and Shrek. Here is how it works. Lets say your effective date is Feb 20. You dont get paid for Feb. Your pay BEGINS the first day of the month FOLLOWING the effective date, that is March 1. Ok. So it begins in March. As Pete pointed out, comp is paid "in arrears", and not in advance like rent. So your first check would be April 1, which would cover March.
  10. I agree with Pete992. The VA has 500 lawyers, and you going after them with a VSO is like going to a gunfight with a squirt gun. NVLSP represents clients wrongly denied for things like bad character discharge and the like. Dont even think of not contacting NVLSP for help. There is no charge to you for NVLSP laywers. The NVLSP has written the VBM, which lawyers use both for training attorney's representing Veterans, and even as a reference for experienced attorneys. https://www.nvlsp.org/what-we-do/lawyers-serving-warriors/board-for-correction-of-military-records-bcmr/
  11. Ditto for my VAMC, buck. "Even if" we are sick with corona virus, my doctor TODAY explained that if I am sick I need to call this special number: Its basically the triage nurse. The triage nurse then can ask me questions and determine if an ambulance, or what else she thinks is necessary. By just showing up, there are likely going to be people there who try to help you but could become infected if you had/have the virus. Therefore, they want time to prepare you for a trip to the hospital. We dont need our nurses and doctors infected, and Im sure they dont want to be either. This way, they can put on protective gowns, masks, etc., so that you and others, including medical staff, are protected.
  12. No, BUT, I had a doctor's appointment today. I had called to reschedule, but the person on the phone told me that my doctor does telephone appointments. VA also has "telehealth", too. So my appointment was via the telephone. https://www.telehealth.va.gov/ Now, my doctor gave me a "telehealth" appointment in the future, and she sent me a link to do telehealth. Based on the above, my advice is to call the c and p exam office and ask if you can do the exam via telehealth. Remember, IMO docs dont even see the Veteran, they see his records and render an opinion based on those. My state, including my local VAMC discourages "non essential" medical procedures and appointments that involve close face to face contact. In compliance with that, as I mentioned, the VA took my appointment via the phone. The doctor called me at the prescribed time.
  13. Welcome to hadit! You came to the right place! You can do what most of us do: We handle our own claims "at a minimum" until your VSO gets back to you. My VSO hasnt returned my calls in, well, Im not sure he ever returned my calls. So that is "business as usual" for me not to be able to get a hold of my VSO. Now, here is my advice: 1. Call the C and p examiner and tell them you are unable to travel, and give your reason(s). Ask for a reschedule in your town. That is the only thing a VSO could do also. 2. If you can NOT reschedule the exam, get a ride and go to it anyway. Dont dwell on it but make sure you explain that your anxiety/panic prevents you from travel. Worst case senario: You dont show for the exam and cant get it canceled. "blame" the corona virus on not being able to get a ride, everyone else does. Get it rescheduled. Best case senario (most likely): Your contact with hadit has "expanded" your knowledge of VA by leaps and bounds. A poster "just the other day" said that he would not have a (explitive) thing (in benefits) had it not been for hadit advice. You know "some things" you didnt know before. For example: 1. Make sure you have all Caluza elements documented by checking your records. This means you have a current diagnosis, in service event, and nexus. If you want to know what a nexus is, then your VSO did not do his job, because he should have told you that. 2. Know what to say at your C and P exam. To start with, know the answer to "How are you, today, Mr. Veteran?" Dont say "fine, how are you"...if you are not. Instead, tell the examiner what happened on your worst day, not today. So, if on Saturday, you had a panic attack and had to be taken to the emergency room, then tell him THAT, and "not" that you are "fine", even if you feel great today. You can still tell him what happened on your worst day. If you say you are "fine", then you will have to be explaining how you are "not fine" the rest of the exam, and your credibility is suspicious. Oh, I get it. I am used to answering "fine" to that question, no matter how bad you feel, because most people dont want to hear about others troubles. This is not the time to be polite and dont be afraid to tell the examiner "whats wrong with you". He cant read your mind. If you tell him you are fine, then, well, why are you applying for disability benefits if you are fine and nothings wrong?? 3. If you have more questions, first research hadit to see if its been answered, and if it hasnt been answered, by all means ask us in a new post. I heard someone say that there is no such thing as dumb questions. Well, I dont agree with that, but dumb questions cost less than dumb mistakes.
  14. There are lots of things VA "gets away with" and this is one of many. For example: 1. The VA gets to "interpret" their own regulations because of Chevron Deference, aka, Auer defense. (This is one of the worst). 2. The VA can take "as long as they want" to copy your cfile and send it to you, even if that means you passed the one year appeal period. This is bad for Vets. You often dont know whether to submit new evidence or not, because you dont know what evidence they had. This hornswaggles Vets, because he must choose, in his appeal either HLR (no new evidence) or SCL (new evidence) as well as the Veteran must specify same in his appeal to the Board. This is highly unfair to Veterans. If the Veteran has a VSO "with VBMS acceess" he has a huge advantage over no VSO or a VSO with no VBMS access. Most competent attorneys have gone through the hoops to get VBMS access. But not all VSO's have. 3. Violations of 38 CFR 3.103 are not just "overlooked" they are encouraged by CAVC. 3.103 says "each Veteran is entitled to a written decision on his or her claim". However, CAVC has ruled that a claim can be "deemed denied" and not addressed, and then its the Veteran who must figure that out and file an appeal on a claim which has not been adjuticated. This rubs me raw. 4. Benefit of the doubt is an "April Fools" joke.
  15. By all means, apply. Of course, you should check your medical records and see what the doctor says. Im not sure which form, but I have heard others "apply" for P and T. According to 38 CFR 3.344(c) , after 5 years, you are the same as P and T as far as "stabilization of ratings", but you get more benefits as P and T. Source: https://www.law.cornell.edu/cfr/text/38/3.344 This (that you get more benefits) is especially true for state benefits, such as waiver of some portion or all of your property taxes. Federal benefits its mostly the same, regardless of P and T or not, except dependents. Dependents of P and T get eligibility to Ch. 35, which is a very big deal if you want to go to school. Also, P and T gets your wife Champva.
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