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HadIt.com Anniversary 24 years on Jan 20, 2021 ×
HadIt.com Anniversary 24 years on Jan 20, 2021


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Everything posted by broncovet

  1. "Deferred" means you should get a decision on MST later. Not much you can do now, but wait, and, Congratulations, as GB Army said.
  2. Apply for both an increase (PTSD) and ocd secondary to ptsd. Let them do their job and sort out which. I agree, however, with GB Army in that, unless you are not working, 100 percent for PTSD is mostly off the table. (read the criteria for 100 percent). The criteria for 100 percent for a mental health disorders is TOTAL OCCUPATIONAL and social impairment. How can you be "totally" occupationally impaired, if you are working? Again, if you are working, my advice is to apply for OSA, which could be an increase if awarded.
  3. Good to know. It would be easy to think that if VA cancelled an exam, they would call you to reschedule. This sounds like a "trap" for Vets, but is more likely because they are overwhelmed.
  4. I agree with Broken soldier. Prostate cancer is one of those which can go into remission and VA likes to reduce you if therapy is successful. Check your decision. Does it say 100 percent "P and T"? Sometimes it does not say that, it. says, instead "no future exams are scheduled" or "entitlement to DEA chapter 35 for dependents is established". These are VA speak for P and T. Its easy for VA to reduce temporary ratings. You need to find out if yours is temp.
  5. I see it you have at least 3 choices: 1. Appeal, by filing a nod. Review your file, and see if their reason is refuted. You want to refute their statement: WITH evidence to the contrary . Did another doc diagnose you with ptsd prior to that? Did another doc give you (PTSD) meds prior to that? Docs dont always write in your file: I diagnose this vet with PTSD. Instead, they often prescribe meds to treat PTSD. Unless these meds are "off label", that is a diagnosis of PTSD. If I go to the doc with a broken leg, he will likely take an x ray of my leg, then p
  6. I dont recommend you squander your time worrying about a reduction. I consider time spent "worrying" as wasted time. Instead of worry, you can take action. Actionable events include: 1. Contact therapist and ask for "streaming" (online) appointments. At my VA I had my last 2 mental health appointments via live stream. Your VA may not be able to do that. I "cant imagine" in my wildest dreams cancelling appointments when our country is on covid 19 restrictions being a bases for reduction. 2. Knowledge beats fear. Study the regulations and understand when they can reduc
  7. First, a question: Do you have a bank (especially an American Bank) where you get direct deposit? That will be much much faster than mailing a letter to Germany. Since you have apparently retired, it always delays retro (backpay) because the do a DFAS audit for CRDP. To find out "what is going on" you have a couple choices: 1. (Best) Find a VSO with VBMS access. I have no idea if this is available outside the USA or not. But it might be at the VSO's office. 2. Try calling Peggy (the VA 1-800 number. 3. Contact "IRIS" email to inquire the status.
  8. An example of this may be a doc prescribing a CPAP. Did he diagnose sleep apnea? Probably, but that may not have found its way into your records. Its a fairly easy call to make that he did not diagnose you with OSA and prescribe a CPAP, if you came in with a broken Femur and did not have sleep apnea diagnosis previously.
  9. Its "not always required" for your doctor to say (exactly): "I diagnose you with _________." For example, my doc stated in ONE of my reports indicated "diagnosis by hx (history)". In other words another doc diagnosed it, he just treated it. Further, if your doctor PRESCRIBES MEDS for TREATMENT of a "condition A", then you can assume he made that diagnosis unless he states that he is using this medication "off label" for a purpose other than that intended by the drug manufacturer. A doc can prescribe Wellbutrin to help you stop smoking, even tho that is a drug for depression.
  10. Yes, we have at least 3 methods of "recourse" for bad C and P exams. Try one or more, as applicable. 1. If there are inaccuracies/errors/false statements, in your record, challenge them by following this regulation to the letter: https://www.law.cornell.edu/cfr/text/38/1.579 2. Challenge the competency of the examiner. (The competency of the VA examiner is presumed, but you may challenge that). Chris Attig explains circumstances where this works: https://attigcurransteel.com/veterans-law-updates/va-medical-examiners-competence-presumption-rizzo/ 3. Last, y
  11. Did you see the statement, by Bucks doc, conflicts itself? Then, it specifically says they DO have information regarding vaccine availablity for spouse: Ok, so which is it? Do you have information or dont you? It looks like they have "enough" information to tell some people "NO". Repeat: IF YOUR VAMC has a "walk in clinic", then "walk in" and get the shot. My advice, and I will let you know if it works. If you are in Dallas or another big city where its not available, then drive to a smaller city with a VAMC and get it there, if its that important
  12. My spouse is going in today. No she does not have an appointment, they are taking "walk ins" at my VAMC. We dont know if she will get it or not. I told her to "act like its a foregone conclusion she gets it". I spoke with about 3 different VA employees and all gave me a different story about spouse. (Typical VA). Most did not know, and told me to ask someone else. Ok, I asked my wife she is "someone else" and she said its okay. My son in law sent me some kind of "directive" by VA and it says dependents of Vets (are included). So, Im gonna have wifey take my phone link that shows
  13. I asked today. Several "did not know", but the nurse said "they went back and forth", but right now, the answer is no. (Spouse can not get the vaccine unless they are military Vets.) As always, the VA does stuff willey nilley, so it is likely different in differnent VAMC's, or even the same VAMC 6 minutes later
  14. I got the Corona Virus Vaccine today! (at my VAMC) (I went for dental work). No, I can not promise all VAMC's, or even my VAMC will vaccinate you also. I dont know how many doses they have. I have to have another dose Feb. 16. So far, no problems. No reaction. The nurse said, "It may make my arm sore a few days", or even some aches and pains. I barely felt the needle go in, and had to ask her if it was done. I "think" the reason I got it, might be showing up at the right time. (Im 68 years old).
  15. I was thinking the same thing as Shrek, before I read his response. Pretty much 99 percent of the people who get 100 percent P and T get it "ONLY" after 1 or more appeals. Mostly, more than one. (like myself). I applied in 2002, denied, and fought with VA for 17 years, until 2019, to get all my benefits. I still have a few smaller issues, but, unless you are willing to fight VA, "You will get nothing and like it".
  16. Laws are complex and ever changing. That is why you want someone who specializes in this and keeps up with it. Someone you trust and he trusts.
  17. VA benenefits/health insurance/ and social security is "just one" of many issues that should be discussed for estate planning. They are important, but other issues may be just as important. I agree with the others that "hearing loss" is "unlikely" to cause death, but it is possible. There are 2 basic ways of getting DIC: 1. The Veteran can die of a Service connected conditon. Again, this is unlikely "if" his only sc condition is hearing loss. But you may ask him that. Better, however, is to ask him "where are your VA papers", (he may know that) and read it. This is far more
  18. We dont pay any monthly premiums for Champva, and have not, ever. Now our kids are grown, so that may make a difference.
  19. Dont panic. Is he over age 55? Go to the exam. They cant reduce you unless you have had "actual improvement under ordinary conditions of life". Source: https://www.law.cornell.edu/cfr/text/38/3.344
  20. Its rarely a good idea to "cancel claims" and almost always regretted when it happens. You would only cancel a claim when there is a "compelling reason", such as sometimes, VA will offer to "award condition A if you withdraw condition B". I have withdrawn claims and regret it, because "I thought" it would speed up other claims. It didnt. VA would "love it" if you withdrew (cancelled) your claim, and they would especially prefer if ALL Vets withdrew all claims then they could take a vacation and have a party on taxpayers dime.
  21. Like before, "you cant count on ebenefits or VA.gov". While its okay to follow up with your lawyer, as broken soldier explained, ebenefits/va.gov is a third party site, and it does not bind VA. My advice is to "not worry" about anything, until/unless you get a letter in the mail. Then, take action. EXCEPTIOn: If you look in ebenefits "letters" section, check to see if you can print a letter with a disability percentage. If that percent is different than what you are getting now, its usually pretty accurate. VA does not want us running around with Official lette
  22. There are 4 class actions suits you should know about: (and my short summary) 1. Wolfe vs Wilkie If your bills for emergency treatment have been denied by VA, check out Wolfe, it may have been done illegally. 2. Godsey vs Wilkie If your BVA appeal has been delayed more than 18 months, then consider contacting NVLSP about it. 3. Sabo vs USA Thousands of Iraq and Afghanastan Vets were "supposed" to be discharged with a 50 percent PTSD rating, and VA denied those illegally. 4. Nehmer and Blue water Navy Vets: There are conditions which are presumptive for Agent
  23. broncovet


    NVLSP This should be "at no cost to you" provided that, you meet their criteria for representation. Generally their criteria is not all that "tough", you need to have a dd214 (which proves your service), and, you will likely need to provide them a copy of the decision denial, if available. They can decide if your claim "has merit", obviously, they dont want to represent you if they think you have no chance of winning. However, "even if" you dont meet NVLSP criteria for representation, you can persue another attorney who may see it differently than NVLSP lawyers. I have been tu
  24. Short answer: We dont know if its 1151, we have not read your file. Im not sure its "medical malpractice" for the VA doc "not" to disclose stuff to you. I recommend you think about "what you have to gain". As far as new claims go, The only way to increase your compensation above tdiu is to get SMC. Remember, if you have a single 100 percent (TDIU counts here, per Bradley VS Peake) plus an additional 60 percent, you should get statuatory SMC S housebound, which is about $370 per month. So, if you may get SMC S, or other loss of use (SMC) then apply. You can just
  25. You are asking we "interpret" what is a "incapacitating episode" or if allergy shots are considered "treatement visits". While I wont attempt to interpret the regulations, I do know that 38 CFR 3.102 requires the Veteran be given the benefit of the doubt. My advice: If you think you deserve a higher rating GO FOR IT.
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