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broncovet last won the day on January 23 2018

broncovet had the most liked content!

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About broncovet

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  • Service Connected Disability
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  1. Im going to look into this (that a so clean can damage the cpap), but my intuitive thinking is that VA says that because they dont want to pay for a soclean machine. I have a so clean machine. Just got it about a month ago. I didnt like the smell at first, after using the machine and called the company. (Ozone smell). They suggested I be patient and will no longer notice it. I tried that and it worked. Im way more concerned about ozone damaging ME than I am ozone damaging my cpap. However, I found out ozone is created naturally, also. This explains more about ozone and even has a usa map where it shows counties with high ozone levels. https://www.epa.gov/ozone-pollution-and-your-patients-health/what-ozone Virtually the whole state of California has high ozone levels. If Californianians were falling over dead from ozone, Im sure we would hear about it.
  2. Hello. My 1 year anniversary of bva granted conditions and a remand was July 2. Of course nothing has  been done with the granted stuff. Several different stories and an email from AMO manager saying mistake was made grants were closed blah blah blah will be done shortly. June 2020 finish date in va.gov. RAMP remand sitting in prep for decision since April 3. 8 years and counting on claim and appeal. Not getting younger. Any advise cause the stress from this is taking a toll on me. I'm at 90% already and feel it.

  3. If there are 2 conflicting medical opinions the BVA can select one opinion over another, but must give a reason for doing so. Example: "While the Veteran has 2 medical exams with conflicting opinions regarding the etiology of his condition, we found examiner number 2 more probative as that exam was more thorough, the examiner stating that he reviewed the Veterans records, while examiner one did not. Therefore, we consider exam number 2 more probative blah, blah. " The Board can select one examiner opinon over another as one examiner may have more experience with you, for example. He may have seen you twice a year for 10 years, so he would know more about your medical history than an examiner who just met you 15 minutes ago. The Board can also select a specialists opinion over a non specialist. For example, if a sleep doc offered an opinion and your prime care doc (not a sleep doc), the BVA can use the specialists opinion as more probative, again, as long as they give their reasons for doing so. But, yes, 2 relatively equal c and p exams should put the claim in equipose and the BOD should go to the Vet. The exams are rarely equal tho. One examiner may give a medical rationale as to why he made such an opinion, another doc may just make his opinion without a medical rationale.
  4. I get all my CPAP supplies at my local VAMC. You may get them from the respiratory department or the ortho department where they have braces, canes, and other medical equipment. If you are on a cpap, you should go see your sleep doc once a year or so. They have gotten me 2 new cpaps in the past 10 years, and numerous hoses, masks, and filters. You need to keep the cpap clean or you will get sick breathing in dirty air all night. You can clean the equipment with soap and water. A t least once a week you should clean the mask and hose (inside, that is where bacteria grow..in the hose and mask). I recently got a "so clean" machine and plug my mask into the box and close the lid. It disinfects my cpap mask and hose. Yes, you still have to wash the equipment with soap and water once a month or so. The machine disinfects with Ozone, but that does not remove dead skin cells or stuff water and soap will. Use the Cpap every nite, Va "knows" when you are using it or not, its recorded on a chip in the machine.
  5. 1. Yes. File for TDIu if you think you are qualified, that is, if a doc says you are unable to maintain SGE due to SC conditions. 2. The "old" RO system has been changed. Any claim now goes into a "NATIONAL" WORK QUE. Your claim will be processed in order received on the national work que, regardless of where you live. So, I dont suggest even trying to "change" your RO, it can be processed anywhere anyway. Your TDIU claim wont be processed seperately. In fact, there is no such thing as a "stand alone" tdiu claim, they are all now part of a claim for increase. source: https://www.hillandponton.com/part5-total-disability-based-on-individual-unemployability/
  6. Now, if you are a Vietnam Vet, that case would indicate, yes, bladder cancer is a presumptive at least for that Veteran's circumstances. Berta cites BVA cases when appealing, but I prefer to cite the cases the Board opinion cites, which are precedential. You choose.
  7. Are you a Vietnam Vet? If so, you may qualify as a Nehmer Vet, and some of that stuff is presumptive. I noticed prostate cancer was a presumptive, but I cant opine on bladder cancer as I dont know if its related to prostate cancer or not. https://cck-law.com/news/nehmer-claims/ Other than that, you can still get Sc for bladder cancer "the old fashioned way"...have your Caluza elements documented. With secondary conditions you need only: 1. Current diagnosis of bladder cancer, 2. Doc opinion that your bladder cancer was "at least as likely as not" related to another SC condition. You dont need an "in service event" with secondary conditions as that is already established.
  8. broncovet

    Chapter 35

    There are 2 things going on here. 1. The Veteran is getting dependent compensation, AND 2. The Veteran's child is apparently getting Ch. 35 payments, and getting money paid direct to the child. I dont think the VA permits BOTH to happen at the same time. Reason: When the child is receiving Ch. 35, it is assumed this will be enough to support the dependent, thus the Veteran can no longer claim the child as a dependent for VA purposes. Source: I have been through it, with my son attending college on DEA. My intuition, again, says the Vet will have to pay the 218 dependent compensation back, but I dont know that.
  9. Berta, I have, in my lifetime seen instances where someone is in the wrong occupation. They had a natural talent for occupation "A", but wound up in occupation "B" instead, for whatever reasons. You should have been a Veterans lawywer. You seem to thoroughly enjoy researching both medical and law libraries. While I did finish my college degree, I did the required research out of necessity rather than joy. Extensive research, for me, like many if not most others, is not something fun. You repeated "best" my answers especially when it comes to willingness to research. Im quite okay with that, I am good at some things, but extensive research is not one of them. While I am an excellent reader, I just dont have the patience to pour over dozens of cases to find the one that would be the winner winner chicken dinner. Even lawyers dont like to do that, sometimes..tho those that dont are in the wrong profession. My pastor suggests someone find something they love to do, that they get paid for doing it. I am thrilled that you take the time to research almost every Vets question (that requires research), while most of the rest of us do not. I also think I know what motivates you..I think its your promise to your husband, and, like myself, you want to keep your promises whenever you possibly can. I made a promise to my mother that I would never hurt my family because of alcohol. She explained if she visited me, and I had beer in my refrigerator, but no milk for kids and they did not have shoes, I was hurting my family. To this day, I can not or will not bring home beer unless Im certain there is milk in my refrigerator also. In the evenings, my wife And I listen to a podcast usually either Joyce Meyer, or Rick Warren. I am being made aware that we only have so many days left. I have consciously made a choice NOT to constantly persue "things", but rather to persue something where the rewards are "deferred" sometimes. If I spend all my efforts trying to make myself happy, I will never achieve the result. Someone will have a bigger house, faster horse, or older whiskey. However, if I measure my success by the number of people I have helped, and put my joy into seeing their joy, then I can not help but be happy myself. You have helped so many, your joy is full.
  10. There is a specific regulation to "reopen a claim" due to new and relevant (formerly called material) evidence, under 38 CFR 3.156 c, which sounds like it addresses your exact issue: When service records are lost then found. It sounds like you have evidence in your service records that refutes the 1990 denial. My suggestion, rather than allege CUE, is to reopen due to new and relevant evidence and submit the evidence you mentioned where the doc drew a "stick figure" showing your blunt force trauma. This should result in benefits being backdated to your exit from service. I dont know if you can do this yourself, or if you need professional help to file these documents. I do know you will need patience and persistence to win it. I will admit a lawyer would increase your chances of winning back pay to 1990 significantly. You can take your file to an experienced Veterans law attorney and see what he thinks. Then you can decide whether or not to hire him. Typically, they will charge 20 percent of your backpay. However, you would get to keep the other 80 percent. If you wind up at the CAVC after a board denial, EAJA could wind up paying all, or some of your attorney fees. Frankly, it sounds like you have been taken advantage of by VA, perhaps due to the very SC conditions that were caused in the military.
  11. A "broken neck" is not a symptom. Its more of a diagnosis. Once service connected, VA compensates you for symptoms. What symptoms do you have? Symptoms are things like Pain, loss of range of motion, etc., etc.
  12. Your question is on effective date, so I will limit my opinion to your question. Your effective date, as always, is the later of the date you applied for TDIU or, the date the doc said you were unable to maintain SGE due to sc conditions. (facts found). There are exceptions to this general effective date rule. For example, if you applied within a year of exit from service, the effective date should go back to the date of exit from service. There are other exceptions to the general effective date rule, but they may or may not apply to you. The effective date laws are here: https://www.law.cornell.edu/uscode/text/38/5110
  13. First of all, ebenefits does not list stuff at CAVC. When you get a CAVC decision, its posted at the CAVC website. You can do a "docket search" (CAVC) and type in your name. Then click and it should show you what is going on at a CAVC claim. Also, "normally" i recommend an attorney at the CAVC level, but you are apparently going pro se, or your attorney would or should have informed you if there was a grant. Something seems wrong here.
  14. I think this was answered elsewhere. But, no. Your pay begins the first day of following month after your effective date. In your example, if your effective date is June 1, your comp doesnt start until the first day of the following month, which would be July 1. Also, you need to know that compensation is paid IN ARREARS, not in advance. So, your first check will be August 1, ..after you have been disabled a full 30 days.
  15. Its certainly true that your doc may not even bring up the possibility of secondary SC for these conditions. So, unless the Vet brings it up, this nexus would not go into the docs report, and the Vet would be denied. Even when there is a known primary-secondary Service connection, the Va most often looks the other way, or even takes pains to avoid this SC. Example: I applied for OSA (Obstructive Sleep Apnea) secondary to depression. I spoke with a sleep doc, and he said that OSA and mental health disorders are known to be related, in fact, PTSD and OSA have similar symptoms! However, I went for a C and P exam for OSA, and it was done by an MD totally unfamilar with sleep medicine. The examiner opined that my sleep apnea was unrelated to MDD. Even tho I challenged the competency of the examiner (the examiner had neither training nor expertise in sleep medicine), I wasnt given another exam. Instead, the VA just plain "forgot" about my appeal and closed it. 10 years wasted and start over..typical of the VA. Now I can try to fight to get SC again, then fight them still again for an earlier effective date. Its how the VA wins. They wear you out like schister sales people when you are looking to buy a car. You get so tired of fighting VA, you give up. I havent given up, but am persuing another route first, to SC for SMC S which could or should yield an earlier effective date. (A rating of OSA wont increase my rating, since Im already 100 percent, except to qualify me for "100 plus 60" statuatory SMC S).
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