broncovet

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.

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.

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.

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.

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.

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.

Congratulations! Unfortunately, we dont have any SMC experts. I have heard someone referred to as an expert, when they are from another town. An "ex" is a has been, washed up. A "spert" is a drip gone crazy. So we dont have any ex crazy drips, from other towns. However, since we dont have any experts, I will give it a shot. And, I think you have it spot on.

"Pain" may be included already in your original rating. So, you cant be rated for the same syptoms twice. Yes I am rated for secondary conditions. You need a nexus where the doc states your (new condition that you seek) is at least as likely as not related to (your currently service connected condition). Of course, you need a diagnosis, for both by a doctor. You already have a diagnosis for your sc condition, or you would not be sc for it.

If you are already SC for PTSD, then, if you dont already have a nexus (that your OSA is at least as likely as not related to your sc ptsd), then you need one. You will need to get said medical opinion either with a va doc or a private IMO. And then, be prepared to appeal, because VA is extra stingy with that. My wife's sleep doc pointed out ptsd and sleep apnea have similar sypmtoms.

First, you need a denial letter to appeal. Then file a nod, in the usual manner. You may have to go to BVA. BVA takes all kinds of appeals, not just disability compensation. Cemetary, ILP, etc etc.

I agree with Shrek. Dont consider closing it until you have received a deposit or two in the new account. And, check the account numbers and routing numbers 3 times. Triple Check them, because your life will be miserable for a long time..you wont be able to pay bills and buy stuff, that is, unless you have a nice reserve stashed someplace.

I agree with pacman. Watch for an upcoming exam. You could have one "even if" you have already had an exam for that condition. Why? One reason is the exam may be out of date, the other may be because the exam was "inadequate" for rating.

You need a nexus letter. Dont expect VA to change the Caluza elements for you anytime soon. The Caluza elements, required for service connection are: 1. Current diagnosis of a disability. 2. Documentation of an in service event (you allege caused your disability). 3. Nexus, or doctor's opinion that your current condition is at least as likely as not due to one or more events in military service. Its shortened to 2 if you have an already service connected condion: 1. Current diagnosis. 2. Doctor's opinon that your Current diagnosis (newly applied for disability condition) is at least as likely as not related to your service connected disability. (such as a result of medications for it, or, arthritis, if you injured a knee, etc). The photo would help to establish Caluza item number 2 (above, top) ...documentation of an in service event, but it does not prove your nexus. Your current disability could have been caused by stuff in the photo, by a car accident, or something entirely different later. The photo helps document in service events, it does not provide a nexus in my opinion.

I think DMII = Diabetes Type 2.

I think this is a request for an exam, or request from an examiner. You should know it if something is wanted from you. Yes, its unnerving. I am rarely suprised anymore at the inaccuracy of ebenefits/va.gov. It is a little better now that they allow our decisions to be posted there, but, as you can see, its still flawed.

Welcome to hadit. If this is ALL it says, then you could call "Ask Peggy" to find out, but it probably means its for the examiner. Did the VA send you a letter asking for information you could have ignored. Or, worse yet, did you move and not give VA your new address? If you moved, be sure your address is changed on VA health and VA benefits. Try Ask Peggy at 1 800 827-1000. You could also try your VSO who may have updated info on the vbms file.

File. Go through the tests and paperwork for your wife and family. They are worth it. Better yet, file for yoU! You may have been told the "myth" that 100 percent is as high as it goes. Not true. You can get up to SMC R2 which is currently $10,905 per month if you are married. Source: https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/ While you may not get R2, a more likely way is to get SMC S. Or, down the road if you need help there is aid and attendance, SMC L. Heck I dont know. You could be getting that already also. Some people dont know you can still get A and A even if the assistance given is by a relative. Source: https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR6477ad08d327384/section-3.352. Scroll down to where it says, SMC S is if you have a single 100 percent, plus an additional combined 60 percent seperate and distinct. SMC s, brings in "about" another $450 per month. If you already have 100 percent, you may not be that far at all from that one. Another disability or two, and you could be there! SMC K is also not impossible and often overlooked. Its for loss of use, and that includes loss of use of a sex organ. Yep that includes SC Erectile dysfunction. It needs to be SC or related to one or more meds you are taking for SC disabilities.

Its rather well known that injuries often lead to arthritis. But, you need to dot all the i's and cross all the t's as follows: 1. You are gonna need a current diagnosis of arthritis of the knee by a doctor. 2. You are gonna need a competent medical opinion that YOUR arthritis is "at least as likely as not" due to you in service (service connected) knee injury. You may already have that nexus, I have no idea. I have not read your records. However, since you got that call, certainly apply for arthritis, secondary to your sc knee issues, and check your records to see if he provided a nexus. If he did not, you will need a nexus to document your arthritis for sc for arthiritis.

Welcome to hadit. There is a 3 step method that works for proving service connection: 1. You need a documented "event(s)" in service. Sometimes, "in service events" can come from buddy letters, medical documentation, etc. While Im no medical expert, Im unaware of frequent colds causing asthma. I am, however, aware of toxic chemicals, such as first or second hand exposure to cigarettes, and or, other toxic chemicals that can cause asthma. And, some of those toxic exposure could have symptoms similar to colds or allergies. I have no idea where you served, or whether or not if you were exposed to jet fuel, or other toxic substances. 2. You need a current diagnosis by a doctor. 3. Finally, you need a nexus or medical opinion that your asthma is "at least as likely as not" due to one or more events in service, such as a toxic exposure. Even if you were stationed in Conus, James Cripps proved that US military bases have used toxic chemicals. (Im sure you have heard of Camp Le June, and it is not the only one)>.

You have options, but those depend on your decision and your circumstances. We dont know those. Sometimes, there are "clear errors" in the decision, and you can file cue, but it would take a review of the decision(s) as well as your file to know that. If there was Cue, then you could get retro pay all the way back to when you first applied. Indeed, if you are re applying, this suggests maybe you thought it should have been approved the first time. Wild card: New evidence. If VA did not have all the evidence, then new evidence may well tip the scales in your favor. See 38 CFR 3.156. We often dont know what evidence the VA had. And, you may want to find that out. OR, as broken soldier stated, you can just re apply with a supplemental claim. It's not impossible both of these methods eventually yield the same result, but the supplemental claim route would often involve appeals of the effective date.

Generally, Xrays are interpreted by Radiologists, not C and P examiners anyway. The image is less of use to the examiner than the Radiologist report. ONE reason this is done, is because the Radioligist specialized training gives him the authority AND the responsibility to interpret xrays. About 40 years ago, after a motor cycle accident, a doctor had an xray taken, and "missed" a navicular fracture. This meant I had to have a bone graft about a year or so later. While I did not sue the doctor, my guess is this is not the only time this kind of thing has ever happened. Thus, while a doctor may "look at" an xray, the official interpretation is almost always left to a radiologist, in no small part because regular doctors dont want to be liable for a mistake misreading an xray that could harm a patient. It takes many years of specialized training to become a radiologist to be qualified to interpret xrays. At my VA, doctors dont do that, the radiologist "reads" the xray, and sends his report to the doctor, not the xray. Doctors, also, generally dont perform lab tests either. Those are left to specialists who are trained in performance of those tests, with specialized modern equipment. The doctor gets the report from the lab, he does not want to see any slides of bacteria or anything like that, except in unusual circumstances. Its not suprising your c and p examiner was uninterested in the xray. He may have been more interested in a radiologist report of the xray. This is just my unsubstantiated lay opinion, not medical or legal advice. My advice is to get a copy of the c and p examiner report, if possible. You can usually tell if the exam is "favorable or not". If the examiner says stuff like, "in his opinion the Veteran's xxx diagnosis is at least as likely as not due to an event in service" then its a favorable opinion. If you are talking x rays, then you may have already "passed" SC, and are looking to document symptoms for a disability percentage. Its true that a disability which shows on an xray has some serious credibility..more than "just" the Veteran's "complaint" of pain without confirmation of an xray. Remember, too, the rating specialist "almost certainly" is also not a radiologist either, and is also not competent to interpret YOUR xray to mean you have xyz condition shown on xray. No. Instead, he/she will rely upon the c and p examiner interpretation of the radiolgist report..because the radiolgist report may well be written in language which is not understandable to lay persons (raters) or patients. Indeed, its the doctors job to read the radiologist report and determine a diagnosis, as well as a treatment plan if applicable.

If you want a sleep study done, I suggest you keep a copy of your own. (the original). If they wont add it to your records, you can add it later. You have to meet the minimum requirements for VA benefits, if that is what you are seeking. https://www.benefits.va.gov/GUARDRESERVE/active-reserve.asp

Welcome to hadit. I have moved your post from one from back in 2024. To get SC for DC, you are gonna need a nexus, and, of course, a diagnosis and an event(s) in service. It sounds like being a gunner would work as an event in service. You would need a letter from your doc that your DC is at least as likely as not due to the vibrations from being a gunner in the military service.

After looking into it, it looks like VA is playing games. We were already eligible, with or without Pact Act or toxic exposure, both before or after March 5. They just want to make themselves "sound good" for political reasons. That is the only reason I see for this announcement. Anyone else? That is the way I see it. Remember, to get disability comp, you have to have treatment..usually at the VA. Treatment first, disability comp, later. That is the way it worked for me. So, I enrolled in VA health care long before I was receiving disability comp. Any one else? https://www.va.gov/health-care/eligibility/

A HLR applies only if you are certain you have "no new evidence". The instructions, on the form you fill out for HLR, specifically states you cant submit new evidence with a HLR, and it will be decided with the evidence available at the time. ONE problem with HLR's: We dont always know what evidence the VA had when they made said decision. "If" you have access to your vBMS file and can see, in real time, what evidence the VA had, that is a horse of a different color. In other words, you can not get an IMO/IME to fix a problem with a nexus, and use the HLR. Or, submit other new relevant evidence. However, as Rattler said, "if" you are certain you know evidence the VA had, and know the rater made an error, you may well get it fixed much faster with HLR than with a BVA decision. But, if there is a problem with the nexus, or other missing evidnece, then skip the HLR, appeal to the BVA, and submit your new IMO/IME or relevant evidence. You can also submit new evidence via supplemental claim Instructions for HLR are here: as well as the form. https://www.vba.va.gov/pubs/forms/VBA-20-0996-ARE.pdf