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broncovet
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How do I file for chronic multisymptom illnes?
broncovet replied to Kuwaitin08's question in VA Disability Claims Research
I dont work for VA, but I dont think there is a seperate form for this, just list them and list "chronic multisymptom illness". Just file. Since you are already at 90 percent, this will be an increase. Are you working? If not, consider filing it with TDIU, if you think the reason you are not working has anything to do with SC conditions, "whether or not" the VA has yet recongized them as SC or not. You stated something about they are "all on record at VA". Good. But, are you sure? Have you gotten a copy of your records and do you know they are complete? If you have, good, you are ahead of the curve. If not, you have some alternatives: 1. Do nothing. Not recommended. "Assuming" va has all your records (like I did) led to disappointments and delays. And worse. Denials. 2. Be proactive by doing one, or more of the following: A. Make an appointment with your VSO "who has VBMS access" and review your records, and make sure they are complete, including c and p exams, "in service events" which may have led to service connection, such as in service medical records documenting an illness or injury. B. Order your own copy of your records (if you dont have them) and keep them. When they arrive compare them with the VBMS records and send in new relevant evidence which may be missing. C. You may also be able to get paper copies of at least some of your records at your local VAMC, if you ask at the "release of information" office. I have done all of the above, over the years, "beginning with number 1. (big mistake). I was a shreddergate victim, and did not know it. Many, many Veterans have had key evidence "mysteriously disappear from their file". Yep. I assumed "that wont happen" with VA. Boy, was I ever wrong. -
Need you opinion on this outcome. Should I be worried?
broncovet replied to boomerps2's question in VA Disability Claims Research
Stop worrying. It wont help. It sounds like you already have an attorney who is looking out for you. Generally, once you give the law firm POA, they dont call you or even inform you each time they file a document, to include a HLR. It sounds like you "not only" have retro coming, but you also may have still more Retro, with the DTA (duty to assist), because, it sounds like there is "something" in those federal records the VA failed to get that will help you. Under 38 CFR 3.156 C, New Service records, when VA finds service records related to your claim that were not previously available (for whatever reasons, it sounds like the previous reason was laziness) then you get an effective date back to when you first applied, if awarded benefits. While I have not reviewed your file, and your attorney has, this could well mean more retro for you. Instead of worrying, you can start thinking of what you will do with your retro. I recommend you do that. When I knew mine was coming, but I did not know how much, I did a "3 tiered plan". I knew the retro could be up to about 100kplus. I also knew it could be less. So, I built a financial plan that went something like this: A. Retro 5000 to 25,000 Tithe to my church. Pay off bills. From that left over, Save 50 percent. Enjoy spending 20 percent of wants, such as take my wife on a trip (short). B. Retro. 25000 to 50,000. Tithe. Pay off bills. From that left over. Save 50 percent. Invest in dividend stocks. Take wife on longer trip. C. Retro 100k or more. Tithe. Pay bills. From the left over. Invest. Go on a longer trip. Consider new car. Sure enough, the retro was (C). -
The VA has a duty to maximize your benefits. Further, the maximum "is not" 100 percent, contrary to a popular myth. 100 percent is about 3737 per month, while SMC R2 is over $10,000 per month. Therefore, 100 percent "is not" the max benefit. "Within reach" for you is "at least" SMC S. SMC S, (statuatory) whenever the Veteran has a single 100 percent (tdiu counts) plus additional disabilities that combine to 60 percent seperate and distinct. You may even already be there. I have not reviewed your file, nor your disabilities so IDK, but the Board has. Thus, at a minimum, the BVA wants the VARO to "adjuticate" SMC S, that is, to consider you for it. (Its about another 450 or so per month). A service connection for OSA would almost certainly put you at SMC S, if the other rating(s) did not. Remember, they have to be "seperate and distinct", and I dont know about that. Service connection for SMC is inferred. That means the VA is supposed to award it, whenver you meet the criteria, that is, you do not have to apply for it. Its presumed you want it once you reach 100 percent. This said, if SMC has not been awarded, you can still apply. It wont be the first time VA failed to adjuticate or award SMC, even tho they are supposed to. This is regulation, and the Board insists the VARO follow regulation and adjuticate SMC. Generally, when ever you are awarded a single 100 percent, the VARO should adjuticate SMC S. Thus, the Board remanded the claim to do that. You can read the decision, it should specify the reasons for remand, but, for sure that is one, based on your post. In short, its good news, you could/should be getting additional compensation and/or retro. Now, if you have "loss of use" of hand, foot, reproductive organ, eyes, ears, etc. OR if you need help of others for ADL (daily living activities like bathing eating, dressing, etc, then you could should be eligible for aid and attendance. You should apply for any of these if you need A and A, have loss of use due to Service connected injuries.
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Lemeul: While it is possible that VA insists on a single company VA wide, that would raise some big red flags with competitors and they would likely complain to their congressmen. I cringe whenever I hear "I was told". You were told that by who? Were they authorized to tell you that, such as the VASEC's office? While Possible, Probably not. More likely the person who said that may have some incentive to lead people to a certain VA provider. VA, for example, has many different kinds of VAns to transport Veterans: Chevy, Ford, Toyota, Dodge, ETC. The VA does not have an "official Veteran transport VAn" of any particular make. The other companies would scream bloody murder. I would not blame them. The US government purchases many government vehicles each year, and buys many brands, virtually never limiting it to a single brand. As a sales person of supplies sold to companies, I once called on the VA hospital in Grand Junction, Colorado. I was offered for my company to Bid, the bids were so low, they were below my company's costs. However, Between Denver, where most products come from, and Grand Junction is the continental divide, a huge mountain often closed with snow or even avalanches in some places. I knew that. So, I got business from VA by simply telling them, "if your supplier cant make it across the mountain, call us, we are local and we can supply you the same day". The comepetitors cant do that because we were in the same town, and they were hundreds or thousands of miles away. Even tho we were not price competitive, we got orders every time the roads closed and VA was out of supplies. They were appreciative, as patients, and employees, were not happy, for example, when there was no toilet paper in the hospital because of a road closure, which happened sometimes 2 or 3 or more times per year in most years. They had the flexibility to buy from pretty much who ever had it when they needed it. My boss was stunned and amazed I got business from VA, tho not every week, but over a years time, they ordered a lot from us. All of the sales people told me, "Dont bother calling on VA. You never get anywhere with them. You will get in a bidding war which will go nowhere". I did not listen to the naysayers, and my boss was thrilled.
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Improving on SC 0% or did I blow the chance
broncovet replied to CapnHaddock's question in VA.gov Questions (formerly E-Benefits)
Go for an increase AND for SMC. (They could be one and the same). Example: SMC S is a single 100 percent, plus an additional 60 peercent, (combined) seperate and distinct. While I dont know what your other disabilities are, this increase "could" get you SMC S, and an extra 450 or so per month. OR, if you have "loss of use" of your foot. (And I dont know that), then ask for that as an increase also. SMC for a foot loss of use will help, depending upon the rest of your disabilites. -
The VA is gonna require MEDICAL EVIDENCE for service connection. Not your opinion, not my opinion, and not the presidents opinon..but a medical opinion. Your doctor has just pretty much told you what you need to do to get Service connected. You do not have to take his advice, BUT, if you do want to be service connected the easy/best way is to take his advice, and the hard way is to disagree with him. This is especially true when he pretty much told you if you apply, he will provide the medical evidence necessary for your claim to suceed. If it were me, and, I was looking at the same thing a number of years ago, and, yes, I took my doctors advice and it was the best thing I did. He provided a nexus, which is "the" evidence I needed for service connection. Your doctor has "handed you the W" (win), and, yes, you can be too proud to take it, but some point down the road you will likely regret not taking his advice. Two choices: 1. Take the doctors advice, and get service connected. Let's assume you are right, the doc is wrong, for a moment. Call the VA, tell them you feel fine, you have no problems with pact act or toxic exposure, you are able to work just fine, and dont need disability compensation and they can keep their money and you have a good job and dont need it. GReat. 2. Decline the doctor adivce. Now, 2 possible things can happen: A. The doc is right, you need compensation are sick and need benefits. Now, you have to try to undo the mistake you made trying to decline the docs advice. That may not be easy to back off. B. You are correct, and, again, you dont need the money, are not sick, and dont need the compensation as you can make good money working a job as you feel no ills from toxic exposure. The hard way to is to fight the doc. The easy way is to embrace the doc and do what he says. Many Vets would love to be in your shoes. They have to fight the doc. The doc is trying to talk them out of pact act, applying for SC. Your doc is giving you a gift. Accept the gift, and if it turns out you dont need it, well, give it back. Your doc has seen many patients and understands the progression of the disease and you probably dont. He is acting in your best interest.
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Community Care TKR-how to file
broncovet replied to auenone's question in VA Disability Claims Research
While Im not sure of your health records, nor your disabilities, many/most Veterans seek "at least" 100 percent as the goal, "assuming of course" that you are unable to work. Remember, VA compensation is used to compensate us for the loss in earning capacity due to a service connected illness or injury. Thus, if you are unable to work, the idea is to get to 100 percent or more. Yes, there is "above" 100 percent. Its a common myth that benefits max out at 100 percent. Example: 100 percent, for a married Vet is $3946 per month, while an SMC R2 is over $10,000 per month. If my grade school math teacher was right, $10,000 per month is "much more" than 100 percent $3946 per month. Almost 3 times as much. 100 percent "is not" the maximum. Above 100 percent, you seek special monthly compensation, and, of course, not everyone qualifies. My advice is simply to seek an increase "and" convalescent rating for your TKR. You could be awarded one, none, or both. Your conditions have obviously worsened or else your surgeon would not have recommended TKR. (My opinion, only). Dont forget disabilities that you may be aware of, but wasnt sure if you could get those SC, also. Arthritis, for example, often comes with knee issues, and sometimes spreads to other parts of the body. As always, however, as you pointed out, yep, you will have to deal with the VA. YOu may get lucky and get awarded benefits from the get go, or you may get an ornery rating speciallist who makes you work for it and appeal, like I had to do. While it did take significant time and effort on my part, I can tell you few things worthwhile are ever easy. And, the harder it is to get benefits, the sweeter it is when you do get the victory. Wild card: Your family. Your kids can get DEA Chapter 35 education benefits when you get to 100 percent P and T.. My son got his bachelors degree on it. Further, your spouse can get DIC when you pass from a SC condition or from any conditon if you are 100 percent P and T for over 10 years. DiC means "about" 1500 or so per month to your spouse. Your comp will not continue after you die, but the DIC should take care of her. So, to take care of your family, you really should try to get to 100 percent P and T. Education for kids, DIC for your wife. Its a huge deal, not to mention being able to take care of yourself, and not have to ask your kids for money to make ends meet. Remember, inflation will go much fasster than Cola. My advice is to check your health records and apply for any all benefits that you think may be able to be SC, to include an increase, and or tdiu if you are not working. The sooner you apply, the sooner you can start getting paid. And the sooner you can start on your "10 year" for Dic, I explained above. Finally, as your kids get too old, they are no longer eligible for education benefits. Its age 26, I think is the max age, but that could have changed. -
While I agree with Lemeul, in that Vets are shafted: We pay interest on Taxes and Veterans loans, but get no interest from the government on money due to us. Its not right. However, CCK law "may" not be willing to take the VA on this one. More likely, Congress would have to change this. And change it they should. There is a "built in financial incentive" for VA to delay our claim. Please allow me to explain with 2 examples, all of which benefit the government none of which benefit the Veteran. 1. The Veteran applies for benefits. The VA takes 20 years to approve, and pays the Veteran, but not in money from 2024, but instead in 2004 dollars, which are paid to him in 2024. He should get paid, (looking at 100 percent) comparing it to 2004 rates: 2004 rate $2299 2024 rate $3737.85. This means the Veteran looses $1438 per month or $17,256 per year, times 20 years or $345,120 worth of interest...all because the VA delayed the Veterans claim for 20 years. 2. The Veteran applies for benefits. The VA again takes 20 years, but the Veteran dies and the spouse is unable, to weak, or does not understand she must file a substititution of claimant. The Veteran and his family losses, including interest 3737.85 times 240 months (20 years) $897,084 In all cases, the VA makes money, lots of it by simply delaying the Veterans claim as long as possible, sometimes more than 20 years.
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Its quite possible, but its up to the judge. "If" the judge decides you were disabled "earlier" on the newly applied disability, then yes you could/should get back pay. Its all gonna depend upon the facts of your case, and we have not reviewed your file. In my case, I was 100 percent effective date 2006. I was appealing tdiu. Eventually I was granted tdiu, effective date 2004, so I got 2 years of 100 percent back pay. Of course, the details of my case are far different than yours. The effective date (which determines back pay) is the later of the facts found (which generally means the date the doc said you were disabled) or the date you applied. I dont know what date you applied, and I dont know when the doc said you were disabled. There are, however, multiple exceptions to this general effective date rule. Some of the exception to the general effective date rule are: 1. If you applied for benefits within a year of exit from service. 2. If this was an application for increase. (you should get an extra year) 3. If new or relevant evidence was involved. (38 cfr 3.156). I have no idea if you submitted new evidence within the one year period or not. Example: Lets say you went to a c and p exam on Dec. 1, 2023. The doc said you were disabled but did not give a date. So, the VA used Dec. 1, 2023 as the "facts found" date. You hire a smart attorney. He notices..Gee, you have had this same problem documented in your medical records since 2004. So, he hires an IMO, who reviews your file, and notes that you were disabled in 2004, as so stated in his review of your medical records. Then, your facts found could be 2004, 19 years earlier. This could be new and relevant evidence, as you were within the one year period. More on effective dates here: READ TO SEE IF YOU MAY GET AN EARLIER DATE: Its possible reading this could means thousands, or even hundreds of thousands of dollars to you. Let us know if you see something that applies to you and we will try to guide you. https://www.law.cornell.edu/uscode/text/38/5110
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Community Care TKR-how to file
broncovet replied to auenone's question in VA Disability Claims Research
Also, you should be eligible to temp 100 percent, provided that the knee was service connected. If you are already service conncected at 100 percent, you should get another 100 percent convalescent (temp) for the knee replacement. Generally, that means you should get SMC S, or about another 450 per month, for a year. It will likely be re evaluated at after a year. That is the way convalescent (temp) ratings work. Get meals on wheels, if you can while you are recovering. You are probably not going to be able to cook hobbling on a walker. To apply, fill in the application form and ask for convalescent 100 percent for TKR. IF SC, you should likely get it. The sooner you apply the sooner you are likely to get paid. -
Community Care TKR-how to file
broncovet replied to auenone's question in VA Disability Claims Research
I have had a TKR. (AT VA). I got an excellent result. (year 2017). My advice: 1. Vette the Doctor. Look him up. Ask other patients. Check reviews. Do not skip this part. A great doc often gives you a great result. A poor doc often gets a bad result. Make sure you have the spelling of the doctors name. If in doubt, consider another surgeon. 2. Be ready to commit YOUR part. YOU will need to commit to the physical therapy. Many start physical therapy BEFORE surgery. Good habit to get into, and strengthens the knee..stronger knees heal better and faster. If you are not willing to commit to the physical therapy, then rethink your surgical committment. You can put it off...up until the last day. 3. Have someone lined up to care for you "for at least" one to 2 months. (live in). My wife is a retired nurse, and she was fantastic. Dont even think about getting the surgery and then going home alone. You will re injure yourself, if the doc would even allow it. You will also need someone to drive you home. They generally wont let you drive home the day of surgery, you are under the influence of way too many pain meds. Dont even consider it. My doc did not release me to drive for about a month, as I was on pain meds. 4. Go to physical therapy and actually do the in between sessions they will give you. Dont skip them. Yes, they hurt. Do you want to gain use of your knee or not? It does come at a cost. Yes, it hurts to bend that knee where it does not want to bend, but yes it needs to be done. The better you do your PT, the better your knee works. Its a fact. 5. You will likely be given or need to get a walker. yep one of them old people things. USE it. Ditching the walker "too soon" is a common source of injury. Wait until the physical therapist says you are ready. 6. Follow the advice of your doctor, and physical therapists. If you dont get a good result, but dont do what they say, who should you blame? Things can go wrong. But dont make the things that can go wrong YOUR fault, by not doing what they tell you. The day I got my surgery, they told me, "Dont walk anywhere without help. Call for a nurse if you need to use the bathroom or need anything." Well, I had to use the bathroom. Sure its only 5 steps, I can make that, right? Wrong. I made 1 step, fell on a new surgery. My wife had gone for a soda or she would never have allowed that stupid mistake. My wife came back, I was on the floor. (I could not get up with new surgery). It was 100 percent my fault. But, I was under the influence of strong pain meds. I know better now. I learned the hard way. Nothing was broken, but I upset a lot of people. A fall is serious in a hospital. They xrayd me to make sure nothing was broken. (I would not have known, I was completely numb with pain meds). Be sure to ask questions. Stupid questions are much preferred to stupid mistakes. -
I almost forgot. Get a tape measure, and measure your bathroom door width, as well as the width of your bedroom door, front door, etc. "If" you need the chair to go to the bathroom, and only you can answer that, then the chair needs to fit through those doors, so, if your door is 30 inches wide, for example, then you can tell them you need a chair that will clear 30 inches. The width of the chair can be super super important, depending upon the width of the doors in your home. Of course, I dont know how wide the doors are in your home, but some have "standard" width 32, or 36 inches, while, especially older homes can have almost any width door. Measure the door opening with the door wide open, as some doors simply wont open all the way for various reasons. The "size of the opening" is important, not necessesarily the size of the door. This is especailly true with bedroom and bathoom doors where the door wont open all the way. Its possible you need modifications to your home to accomodate a power chair. And, this may be a good time to think about those, also. You could (or should) call a local reputable contractor and ask them for a quote assessment to see if your home would work for a power chair, if in doubt. There should not be a charge for an inspection to see if the doors, hallways, bathrooms, etc need modifications. And, if so, how much those would cost. If you dont have "grab bars" to keep from falling, in/near the shower, those should likely be installed BEFORE you fall and break something, rather than after. You probably know if you have stairs/wheel chair ramps. Popular with seniors is the "walk in" shower tubs. People sometimes get injured stepping over a bathtub/shower. A walk in shower tub is a much lower step so you are less likely to lose your balance. And, of course, you can sit down in the shower. Your local "medmart" type of store may be able to help you with some of these things. Consider asking for "meals on Wheels" if you are not able to cook healthy meals, and/or you dont have someone to cook for you. Your health will go down fast if you eat poorly. I think you may have mentioned you get A and A, if I recall. Hire the help you need. You may be able to get some help through community (senior) services, not necessarily just VA. My wife got a total knee replacement on Jan. 10, and I asked for, and got meals on wheels for 90 days. We get them for both of us. (She's 73, Im 72 this year.). I really did not want to cook 21 meals per week. We got the meals on wheels by asking her social worker at the hospital where she got the surgery, when she got discharged from the hospital. (Its the community, not VA). Take any advice that helps, disregard that which does not apply to you. I wont be offended either way. Our church is wonderful, and people their bring us meals while Rhonda was "down" with surgery and I was also down with a bad cold. We have many friends there, and have helped others, and they are more than willing and cheerfully they help us when we need it as well.
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PTSD Exacerbation
broncovet replied to Wordsmyth's question in PTSD Post Traumatic Stress Disorder Claims
You can find a source, for regulations on Aggravation (of a pre service disability), here: nowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180483/M21-1-Part-V-Subpart-ii-Chapter-2-Section-C-In-Service-Aggravation-of-a-Pre-Service-Disability If it was "just" aggravation, EVERYONE should get service connected for aggravation, because, getting service connected and dealing with VA is most certainly frustrating and aggravating. -
If you want to be pro active, my advice is to go to your local medical supply store that sells them. Explain VA has apparently ordered one. ASk them if they have equipped them for Vets. Then, pick a chair (you probably can even test drive them) that is comfortable, and has features you like, similar to if you were buying a car. You need one that works for YOU. First, Im sure you know how much you weigh, so some chairs work better for more/less weight. Then, since I think you have a van, that means you want one that will work with that. The weight of the chair is important, I have no idea if you will have help to lift the chair when you travel or not. Nor, do I know how much your helper can lift. The max speed of the chair, battery life, will be different things to think about that are different for different people. Look them up: https://www.forbes.com/health/medical-supplies/best-electric-wheelchairs/ https://www.usnews.com/360-reviews/services/best-electric-wheelchairs My advice, as always, is to do your homework, and remember the 5 P's. Proper Preperation Prevents Poor Performance. Using the sources I listed, or others, I recommend you narrow it down to at least 3 choices: 1. Your favorite. Has all the goodies you want. But it may be too expensive for VA. 2. Your "budget" favorite. In case VA says, "Oh, we wont pay xxxx, yu have to find one for yyy". 3. At least one or two backups, in case the order time of the above is too long. BEST: Stay with models "in stock" locally, where they can/will service and fix the chair, and not put it on a boat to China for 3 years for repairs. The service is super important because "stuff breaks". Batteries go bad, wheel bearings fail, parts go bad, electronic contorllers fail, etc. Avoid ordering from catalog when possible, and order models in stock from your local company. Ask them if they work with VA. Extra credit: Call or visit your local VAMC proshtetics dept. Ask them. If you can, go tot he waiting area, ask other Vets the wheel chair they have, and if they like it. Source: I did my homework when I got my Total knee replacement. I investiged the doctor, the knee, spoke with other vets and people waiting to see the doc. They raved about the doc and how good he was about knee replacements. I got a great result with my knee replacement, as I did my homework well, and applied the 5 p's. Try for an "A" in powerchair selection.
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PTSD Exacerbation
broncovet replied to Wordsmyth's question in PTSD Post Traumatic Stress Disorder Claims
Well, no. The VA calls it "aggravation". If you were diagnosed with a condition prior to service, but military service worsened the symptoms, then its aggravation. Its not a secondary service connection. You file for it the same as everything else. By the way, a Veteran need not know all the intricacies of Primary, secondary, Presumptive, aggravation, etc, to get service connected. Leave that to the raters. Sometimes you do yourself more harm than good. Example: You apply for abc condition secondary to xyz condition. (unnecessary, just apply for abc condition, let VA raters do their job and figure out if its primary, presumptive, secondary, etc). The rating specialist is a rookie and finds no nexus linking abc condition to xyz condition and denies it. However, there was a perfeclty good nexus between abc condition and your military service (primary). You just added a bunch more time to your claim. The etiology (cause) of your condition is a determination made BY A DOCTOR. And, predicting what a doctor will decide the etiology of your condition is very difficult, especially when you mostly dont know which doc you will have at your c and p exam. In other words, my advice is DO NOT TRY TO IMPRESS VA on your knowledge of primary, secondary, presumptive, conditions, etc. (That can backfire, some people have big ego's and dont like being told how to do their job). Instead, just apply for abc condition. If you must, apply for "abc condition both primary and secondary to already SC conditions", since again, you dont know what your c and p examiner will opine on your condition, he may thi nk its related to service, or he may think its related to a medication for your already sc condtion. -
Functional neurological disorders
broncovet replied to Ken Dillon's question in VA Disability Claims Research
In short, it means that it can pretty much be anything that your doctor can not figure out what else could have caused it, such as: Symptoms of FND include: Weakness in the arms or legs Seizures Paralysis Extra movements, such as tremors or jerks Memory problems Speech difficulties or changes in sensation Numbness or loss of touch sensation Vision problems, such as double vision or blindness Hearing problems or deafness -
Just a couple of questions...
broncovet replied to acz3inbigd's question in VA Disability Claims Research
Documentation, documentation, documentation. That is exactly why some Veterans file the NOD "certified mail return receipt requested". Once the NOD is filed, within the year period, the effective date and appeal rights are preserved, no matter what a VA employee tells you, that green martians told them to tell you that your appeal has been closed. Top Secret: VA employees lie to Veterans. Top Secret number 2: Ebenefits/va.gov is generally done by 3rd parties and the VA is not held accountable to that information. Exceptions: "Letters". When you go to ebenefits and can print out an offical letter that says you are 100 percent, well that is official. In a similar way, you can often (now) download VARO decisions, which are likewise binding on VA. However, those "information" blurbs on ebenefits/va.gov are pretty much BS and not binding and mean very little. If ebenefits/va.gov says, "claim closed", while you should get to the bottom of this, it does not always mean much, other than you have to wait for the envelope/the ability to download the VARO decision. Note: EVEN Tho "Claimants have a right to a written decision", the CAVC has weakened that, substantially. Indeed, the CAVC has ruled when the Board rules on issue 1, and makes no mention of issue 2, then issue 2 is "deemed denied", that is denied without a written decision. 38CFR 3.103: -
Veterans have an opportunity to sue doctors for malpractice, such as prescribing medications when in conflict with existing standards. However, this route is different than the route for appealing Veterans benefit claims. One way to do this is an 1151 claim. While I do not speak for CCK law, they may or may not elect to practice law involving medical malpractice, which is seperate from appealing Veterans benefit claims. You can discuss this with them, and/or persue medical malpractice with or without your benefit appeals claim. I see them as seperate issues, but, again, Im not competent to provide that legal opinion. And, you should not base your decison on my lay opinion. Ditto for Medical Exams. VA has 2 seperate units: VHA (Veterans Health) and VBA (Veterans Benefits). While there is some overlap, methinks that seperation is on purpose. VBA, including the Board of Veteans Appeals does not control VHA who controls medical exams. Indeed many exams are performed by third parties, and VA is slow to point out they are not responsible for third party exams. Indeed, "just because" you go to a VAMC and someone sees you with a white coat and a badge, does not guarantee that medical professional is a VA employee. I have herd horror stories of Veterans who have sued VA for medical malpractice, only to find out that health care practioner was not an employee, but a contractor. They found that out too late, because the statue of limitations ran out before the suit could be refiled against the the contractor. VA, in my opinion, deliberately hides behind this "third party" contract, and gets away with malpractice..by hiring "contractors" instead of "employees" Further Vets are not informed of this, often until its too late. I would not be a bit suprised if CCK law is "all over this", and may.already know this person you allege malpracticed on you is a contractor, not a VA employee. There is a way to find that out..and Im sure CCK law knows how to do just that, "if" indeed, they do medical malpractice claims and I have no idea if that is an area of law of which they choose to practice or not. Law is very specialized, and I have no idea whether CCK law has expanded their legal practice to include malpractice or not. Im only aware that they represent Veterans for benefit claims. You would have to discuss that with them. For most law firms which choose to specialize in benfit claims to VA and not branch into malpractice, they usually simply hire an IMO to refute a "unfavorable" medical opinion. This appears to be Standard procedure in benfit claims, but, again, Im not compentent to render a legal opinion on that, either. Of the law firms Im familiar with, they simply dont get involved with medical malpractice, if they dispute the medical opinion, they hire their own doctor to render a more favorable opinion. The VA gives the doc a Presumptive..the presumptive is the doc did his job, and did it well, including his/her opinions. Absent a conflicting medical opinion, the VA doc medical opinion will stand as written. Further, lay opinions (such as mine) can not refute medical opinions. ONLY medical opinions can refute medical opinions. So, I or CCK law could type 990 pages of why that doc was wrong, and it probably would never even be read, because neither CCK law, nor myself, nor president Biden is compentent to offer a medical opinion to refute another doctors competent medical opinion. ONLY another doctors medical opinion can refute a medical opinion. Im just trying to help.
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Ir sounds like you have great legal representation, who has read your file and we have not. You posted: If CCK law did everything the exact way you expected, then you may not need an attorney! Instead, you are paying them for their expertise which would include emphasizing and going for issues likely to suceed, while dismissing issues you thought were liquid gold but the law firm's expertise showed them to either be moot, or not to be worth persuiing or even contrary to the main goal of getting you additional retro. Not one law firm I hired (and I hired 3) did the case the way I would have, but each was successful in getting additional retro. So, I decided Im not ready to be a lawyer yet, and, if I am, I can do what Ben Kraus did, and that is go to law school. Since Im way too old for that, I did a good job vetting my law firms then trusted them to do it their way not my way. Yea, its tough to keep our peace. We think the law firm should file this or that, and they dont. But, they have been down this road thousands of times. I can assure you cck law are not newbies in Veterans law. My advice is to trust them with the result, and hold them accountable. Indeed they already are accountable, as they dont get paid if they dont get you a "w" and only then a percent of the retro. Be a help to them dont try to tell them how to do their job. I doubt you want to compete with them...they are some of the best. Sometimes they did not persue ideas I thought were good because it would wind up "spinning mud and going nowhere". They would rather "take the high ground" and stay out of the mud, and follow the smoothest easiest path to the retro, and stay out of the side mudholes that look good to us, but do nothing but delay and get our vehicle muddy and waste time. They know where those mudholes are, because they have been down this course thousands of times and they avoid those mudholes, that look great to us that we want to jump in. They look like swimming holes to us, but are really bog traps.
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Welcome back. We dont know if you have A CUE issue of merit or not, without reviewing your file. However, specifically exclueded from CUE are issues of "duty to assist". Those are considered "harmeless errors" and do not rise to the level of CUE. Not all errors are CUE. Cue is a specific kind of error. But, do NOT THROW IN THE TOWEL YET. CUE is not always the best way to persue an appeal. I consider it the last resort. The biggest reason is that the VEteran "gives up" the benefit of the doubt with CUE, but he does not with other methods. And, I dont recommend giving up the BOD unless there is no other way. There are several other methods, again, most of these would mean reading your file to find the best one(s) for you. ONE way is to file a new supplement claim, for the same disability. If awarded, and you dont like the effective date, you can appeal that effective date. VA has discrection on whether or not to order a c and p exam. There simply is no requirement for them to do so. They wont order a c and p exam if a c and p exam wont change the outcome, such as if you dont have the requiste discharge. They also wont order a c and p exam, also, if you already have the evidence to award. Lastly, they wont order a c and p exam if the c and p exam "wont fix" a problem such as a Caluza element. As an example, if you have no "in service event" (Caluza element 2), then you cant have a nexus because the nexus is a link between an event in service and your current diagnosis. No event in service, no nexus. You must have an event in service to have a nexus, you can not manufacture a nexus at a doctors office, if you dont have an in service event. Another way, is new and relevant evidence 38 cfr 3.156. You stated they had all your evidence, but do you really know the evidence the va had at that time? I sure dont. In the "evidence section", the VA is often vague. For example they sometimes say things like, "Your medical file from Jan. 1, 1970 to Dec. 31, 2023". That is pretty vague. Frankly, I doubt the VA has every peice of medical evidence on you from the past 53 years. They may have bits and pieces. But did they have that "key evidence"? Maybe, maybe not. Remember, the VA got caught shredding Veterans evidnece documents in October 2008. They did it many times, but got caught just once. One smart way to do it is to send your decision(s) to a great law firm and ask them if they can find an earlier effective date. This is what cue is about: the effective date. It isnt about proving va wrong. That is hopeless..they think they can do no wrong. I think they get it wrong about 90% plus of the time, because around 80 percent of BVA decisions are remanded or awarded, showing there was something wrong. But, more were wrong because they were never appealed, or were appealed in a DRO or HLR, or at the CAVC or other appeal levels. So, about 90 percent of VARO decisions have at least one error, this is something va never admits to.
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Yes, I looked it up. According to this VA document, married Veterans can both claim each other and children as dependents. https://www.benefits.va.gov/COMPENSATION/docs/bas-dependency-faq-final-508.pdf I was shocked, as IRS does not allow 2 taxpayers to both claim children as dependents. In divorces, only one parent can claim the child as a dependent. It suprised me that VA permits both married Veterans to both claim each other and children as dependents. Read the above. Naturally, in the above link, VA is quoted as saying both can claim depnedents "but it takes longer". It proves my hypothesis that "everything" creates a delay for VA..even the quite natural act that all of our parents went through..having children. Do not trust VA with the last sentence. I filed my dependent claim online, got a confirmation, and, of course, VA lost that too. When I complained I had filed for dependents earlier, and supplied the confirmation number, the VA responded, "we have no record of that". THE VA HAS A presumptive: They presume the Veteran is a liar, and the VA employee is telling the truth. While this is possible, I can attest the opposite should be true. The Veteran risked 4 years, and, often his/her life, while the VA employee simply committed his time. Being a Veteran "should" mean something. However, unfortunately, some Veterans have messed that up and lied or committed fraud for the rest of us. This said, VA employees, too, have committed fraud and lied. Being a VA employee does not guarantee you will speak the truth, and being a Veteran does not mean you are telling a lie. All this said, I do get there is often an incentive for Veterans to lie. Well, not exactly, tho, because lying to the VA most often backfires and gets you into deep doo-doo. Dont try it. Sleep well at night by telling VA (and others!) the truth, "even if" you could lie and get away with it. People who lied to VA sometimes relentlessly worry about reductions. I dont worry about them. Remember, after reading many BVA decisions, the Board usually finds there is evidence which supports, and evidence which is unfavorable to the claim. The decision maker renders a decision. If the evidence is equal, the claim is in equipose, and the Veteran is to be awarded benefits. This is what my board decision said. There is unfavorable evidence in almost every decision. Did you drink alcohol? I sure did. Was the injury due to that? Well, my doc said the injury was "not" willful misconduct. And, no, I was not drinking when the injury occurred, but, I certainly had been drunk while in the military. Most Vets have. If you get drunk and injure yourself, the VA may well not pay you for your stupidity. Usually this is a call made by the doctor. And, my doctor notated it was not willful misconduct. The VA cant really change that..they were not there, and the doctor was. Its a "finding of fact". The BVA also makes "findings of facts" and often lists those in decisions. And, mostly, findings of facts are not appealable to the CAVC.
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A Nexus has to have certain things to be useful (for VA rating purposes). First, the "doctor" needs to demonstrate he is a competent medical expert. This means he can demonstrate significant professional training and experience in diagnosing and treating disorders of your type. This is generally done with a doctors CV. Then, he needs to state "he reviewed your records". He further has to state his opinion unambigiously..such as "at least as likely as not". NOT could be, might be, may be, etc, which are considered speculative. And, he needs to give a medical rationale as to why he rendered such an opinion.
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Another SMC rate question
broncovet replied to rentalguy1's topic in SMC Special Monthly Compensation
You posted: This is a good idea, but pulling it off is not so easy. You have to carefully select the people you allow to move in. There are many great people, unfortunately, there are also bad people looking to take advantage of you. My wife's sister lived with a (disabled) man and did house work for him for around 10 years, but he passed now, so she has no place to go. Since she is in California, I think she prefers to stay, and I doubt she would go for Wyoming. She took great care of him for years.