Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

broncovet

Moderator
  • Posts

    15,521
  • Joined

  • Last visited

  • Days Won

    557

Community Answers

  1. broncovet's post in BVA appeal decision was marked as the answer   
    Welcome to hadit.  One possible reason is that VA has a duty to maximize benefits.  
        While I wont get into a debate of "tdiu" vs 100 percent, a 100 percent rating does allow you to persue gainful employment.  
        Further, especially if your lumbar strain and other ratings combine to 60 percent, this could result in SMC S.  SMC S is when you have a single 100 percent, plus additional ratings seperate and distinct that combine to an additional 60 percent.  SMC S amounts to about an additional $450 per month over "jusT" 100 percent.  
        If you have NOT gotten your compensation (aka money) for 100 percent, then there is a problem.  In 2010, VA put out a fast letter on partial grants.  They are supposed to pay us right away, not wait for remands, denials, etc.  If you have a vso you can consider contacting him/her about this issue, or call the white house hotline.  VA fast letter:  https://vetsbenefits.net/va-fast-letter-va-rule-change-t37711.html
        If you have gotten your comp for 100 percent (tdiu), then sit tight.   
       All this said, 4 months seems like forever to us, but for VA its a coffee break, and a short one at that.  4 to 6 months is about average for implementation of a board decision "even tho" the board requires VA to give "expeditious treatment" to board implementations.  
        Unfortunately, VA generally interprets its own rules, and defines "expiditious treatment" to mean that VA takes as long as they want, and does not get it done one second before they want to.  VA has no time limits on anything.  Veterans have deadlines on most things:  one year to appeal, and if you dont appeal in one year, you are out of luck.  
        This is a part of the problem out of va delays of partial grants.  You see, often the bva does not give an effective date, but instead the VARO gives an effective date.  Appealing a board decision has to be done in 120 days, and apparently your's is not even implemented yet before the appeal period is done.  
         You can appeal any one or more of the issues:  Service connection, disability percentage, or effective date/and or lack of SMC S.  But your appeal period to the cavc is nearly over.  
     
         You can, however, still appeal a regional office implementation of a board decision if you dispute all or any portion of it..to the BVA again.  This happens often and is referred to as a hamster wheel.  
         You could consider appealing the board decision to the cavc, disputing everything, or waiting to see what effective date they apply or anything else.  But you would have to hurry.  
        This is my advice: (Choose any or all of these)
    1.  Check the board decision effective date.  If you still have time (under 120 days) consider an appeal.  VARO will be in some hot water for not giving expeditious treatment in implementing it.  But this is kind of extreme, so weigh it carefully. 
    2.  Call your vso and try to determine the status of the implementation decision.  
    3.  Call the white house hotline.  
    4.  Send an IRIS email, or letter to VARO.
    5.  Call Peggy.  
    6.  Do nothing.  If you choose this option, my advice is to not wait more than 2 more additional months.  There is a glitch somewhere, and you have to find it..VA wont find that glitch for you.  One way to find the glitch:  Check your VBMS file.  This can only be done through a vso or attorney, veterans are not allowed access to their own file. GRRRRR. 
     
  2. broncovet's post in RicardoUSN was marked as the answer   
    Also, its not always necessary to prove a particular boots on the ground.  There are other ways of establishing service connection:   When all else fails, try the Caluza elements of current diagnosis, in service event, and nexus. 
  3. broncovet's post in VA Follow-Up Question on A.O. Prostate Cancer was marked as the answer   
    Its not unusual for VA to neglect this.  My advice?
    Begin saving up a good portion of your VA disability check, because they could call for a reexam any time, and, if your cancer is asymptomatic, (no symptoms) then you could be reduced.  I agree that at 77 you are fairly safe, and that is likely the reason you have not been called in for a (possible reduction) re exam.  
    The regulations suggest, when you have been rated 5 years, without changes, your condition is considered "stable", and you benefit from https://www.law.cornell.edu/cfr/text/38/3.344
    Note, Item C, in the regulation cited above.  VA treats "permanent and total" differently than. a temp rating, and 5 years is an important milestone (5 years from your effective date of rating).  
  4. broncovet's post in C&P Exam QTC Doctor didn't turn in results was marked as the answer   
    There are at least 3 ways to get a copy of your records:
    1.  Yes, you can go to your VA medical center "release of information office", and at least some of the time, your c and p exams will be associated with your VA MC records.  No, I can not promise this will always work.  However, I walked out with a copy of my C and P exams in minutes this way.  
    Unfortunately, when VA pays for your exam, they have control over your records, and they CAN (but not necessarily will) prevent you from seeing your c and p exam "at least" until you appeal a denial to the BVA.  
    The VA has lots of discretion over whether or not to release your QTC c and p exams, unfortunately.  
    2. THE WORK AROUND:  Sign on with a VSO who has VBMS access.  (Many do, some do not..you can ask that question before signing your POA to them).   Once you can see your VBMS records (at your VSO office), he may be able to print those or burn it to a CD or jump drive.  So, you have a copy of your electronic VBMS records.  This should be the same thing the rater sees.  This would give you as complete of records as VA has.  
    3. If you can not get a copy at your VAMC, and you also can not/will not sign up with a VSO with VBMS access, then you can still request VA send you a copy of your records.  
    4.  Lastly, if you lose at the BVA, you can enlist an attorney to represent you at the CAVC and your attorney should be able to obtain a copy of your records.  At the CAVC level, generally the EAJA will cover your attorney fees.  This method often takes a very long time, because you wait until you have a BVA decision, which can be years.  I use it as a last resort, however, I found many records in my file I had no idea that were there, and you should use this method regardless, "unless" you get a favorable result earlier and you may never have to do this.  
  5. broncovet's post in If you have a 100% disability rating for 5 straight years, will the VA make it permanent? was marked as the answer   
    Prostate cancer, is one of those the VA likes to cut off, if your treatment is effective.  
    I would suggest reviewing your file, to see if there are other disabilities which may apply.  It sounds like you served overseas probably in a war zone, and mental health disabilities often apply, such as PTSD.  Have you been tested for PTSD?  
    To get comp for PTSD, you have to show a stressor.  However, just being in a combat zone, where people are trying to kill you is stressful.  If you have a presumptive for AO, this suggests you served overseas, perhaps in a time of combat, because Agent Orange was used mostly in countries for combat.  The military does not use Agent orange in England, or Germany, we are not at war with them, and it would just hurt their environment.  So, you were more likely in Vietnam, Afghanastan, Laos, etc. etc.  where the war was.  When a Veteran serves in a combat zone, a stressor is almost a given.  Even if you were a typist in Vietnam, the enemy tries to kill all of us, not just those of us who carry a weapon, and shoot them.  Nurses can get PTSD in combat, and never even pick up a weapon.  
  6. broncovet's post in New claims to existing SC'd Agent Orange Conditions was marked as the answer   
    Welcome to hadit.  
    My suggestion to increase your compensation is to also apply for higher levels of SMC, starting with Aid and Attendance, considering your urinary dysfunction.  There are different levels of A and A, depending upon the level of care you need.  (mostly, if you have IV's or if a nurse is required, you should be able to get the higher of the Aid and Attendance).  
    Beyond A and A, you can get higher levels of SMC for "loss of use".  
    Do you have loss of use of, arms, legs, sexual organ (SMC K), eyes, ears, etc?  
    If you do, apply for those also.  
    Its unclear why your VSO did not suggest you apply for A and A, and/or loss of use for higher levels of SMC.  
     
    Since you already have SMC S, its doubtful if "increases in disability percentages" or even new claims (other than SMC, as mentioned) will increase your disability percentage.  It could, however, because SMC is for loss of use of "service connected" loss of use only.  
    My advice is to do both:  Apply for those increase's or new conditions you mentioned AND ALSO
    Aid and Attendance, AND SMC K (if applicable), as well as any other "loss of use" listed above, or loss of use I may not have mentioned.  Your urinary problem suggests SMC K may well apply.  
     
     
  7. broncovet's post in Rating and award was marked as the answer   
    There is a fast letter stating, to the effect, that, if you have a claim decided with multiple issues, some of which are granted, and others denied or remanded, the varo is SUPPOSED to pay you for the items granted, and "not" delay for the denied or remanded issues.  
    If you want to see the fast letter do a search for fast letters "partial grants" or similar.  
  8. broncovet's post in Anxiety - am I doing this right? was marked as the answer   
    Welcome to hadit.  
       To be awarded benefits for service connection, you always need 3 things:  (IDK if you have them or not):
    1.  Current diagnosis of a disability.  Did your doctors diagnose you with GAD/MDD?  
    2.  Documentation of an in service event which caused your GAD/MDD.  
    3.  A doctors opinion that your (current diagnosis) is "at least as likely as not" due to (a documented event in service).  This is known as a "nexus".  
         Of course, I dont know if you have documentation of this or not, I have not seen your records.  You can check your file to see if these 3 key Caluza elements are documented.  
         If you have these 3, you are good to go for Service connection.  But you will need documentation of your symptoms.  
    You are gonna need to demonstrate chronicity, that is, that you have an ongoing disability with symptoms.  If you dont have any symptoms, you will either be denied or rated at zero percent.  
         If you are missing one or more of the 3 Caluza elements, described above, then you will likely be denied.  If denied, you can still be service connected if you are able to obtain all 3.  Sometimes you need an IMO (Independent medical opinion) that your condition is related to service.  Or, you may need a doctor to diagnose you, if your medical records dont contain a diagnois.  
         But to get the in service event, you are gonna need documentation FROM military service.  I could already be in your records, or sometimes one or more of your buddies can write you a letter testifing, for example, they saw you taken to the hosptial with injuries from an in service arm wrestling contest, or the like.  Your buddy cant document your injuries by diagnosing or providing a nexus, but they can testify they saw you participate in an arm wrestling contest and observe you were hauled off in an ambulaance.  If you were treated for this in service and the doc documented the in service event, that may well suffice if you can obtain those medical records.  
  9. broncovet's post in IBS rated twice with different dates was marked as the answer   
    Matt:
       Welcome to hadit!  
       You are gonna have to wait for decision letter, you can not count on VA.gov nor ebenefits.  
    The effective dates "are often wrong" on ebenefits/VA.gov "for one thing", the effective date listed is often the most recent Cola, and not the effective date.  
        We have people all the time complain that ebenefits showed "an award" dated Dec. 1, 2020, when that is the date of the Cola increase, not the effective date.  
         Bottom line:  Wait for the envelope, if the decision is wrong or you dispute the effective date, ask again.  Discussing what ebenefits or VA.gov says is like being in a discussion with what a drunk said.  It means nothing.  
         
  10. broncovet's post in SMC was marked as the answer   
    SMC K is for loss of use.  Did you lose the use of your foot?  
    https://www.law.cornell.edu/cfr/text/38/3.350
  11. broncovet's post in Forearm Hernia Claim? was marked as the answer   
    Go for it.  Like most other stuff, if you wait until you have solved 100 percent of all possible obstacles, then most projects would never be started.  
  12. broncovet's post in How do I make a new claim for hip replacement(s) was marked as the answer   
    Yes, you can make a new claim!  Whether or not you will win depends on the following:
    Do you have:
    1.  Current diagnosis of osteoarthritis of the hips.
    2.  documentation of an in service event which caused your current diagnosis. 
    3.  Doctor who opined your osteoarthritis of the hips, which requires replacement, is at least as likely as not due to your in service event.  
    OR
    Do you have a doctor who will/did opine that your osteoarthritis of the hips (requiring replacement) is at least as likely as not due to one or more of your currently SC conditions.  
         If you have this, you should win.  Without those, you probably wont win.  
  13. broncovet's post in SMC L? should I be rated higher to SMC M was marked as the answer   
    Great questions!  There are levels of "aid and attendance" (SMC L, but A and A is "not the only way" to get to SMC L) and those are based upon the "level of care".  
    Yes, disabilities can be combined to get a higher SMC rating. Without knowing your "level" of A and A, and/or your levels of "loss of use", Im unable to give you more than "general" information.  
    No nurse needed:  SMC L
    Nurse needed to change dressings, bandages, etc = higher levels of Aid and Attendance.  
    WITH pictures: https://cck-law.com/infographic/special-monthly-compensation/
    Without pictures:  https://cck-law.com/video/special-monthly-compensation-smc/
  14. broncovet's post in Aid and attendant!!! was marked as the answer   
    Yes, you are confused.  SMC S, (housebound) is the one which is "100 plus 60".  SMC L, aid and attendance, is different.  
  15. broncovet's post in 1st VA claim, presumption of soundness Q's was marked as the answer   
    Welcome to hadit.  You came to the right place. 
    Ok, this is a lot of questions.  I believe in the KISS concept.  This is what you need for VA service connected disability:
    1.  You are going to need to establish eligibility.  You mentioned you served less than 2 years,  read these next 2 links to see if you meet that criteria:   https://www.va.gov/disability/eligibility/   To get benefits for PTSD you are going to need a diagnosis of PTSD BY A VA DOC, which means you will need to fix whatever problem you mentioned with getting into VA healthcare: https://www.va.gov/health-care/eligibility/   
    2.  Once you have established eligibility, you need to meet the 3 Caluza elements for SC.  You need to have the following documented in your records:  
    a.  Current diagnosis.  VA insists for PTSD, this diagnosis must be made by a VA doc.  
    b.  In service event or aggravation.  
    c.  Nexus, or doc opinion that your current diagnosis is at least as likely as not related to an in service event or aggravation.  
         In the case of PTSD the VA calls it "documentation of a stressor". 
      There you have it.  In summary, Establish Eligibility and document Caluza elements for Service connection.  Once SC, your rating will be based on symptoms.     Most of the rest is just "noise" to VA.  
    ONE MORE THING:  Do NOT revolve your life around what one VA employee or VSO tells you.  Instead, tatoo this on your chest if you need to remember it:
     
     
     
     
  16. broncovet's post in Awarded my claim was marked as the answer   
    Congratulations!   
    I got a BVA award on Jan. 29.  Mine was implemented quickly, and I received the VARO implementation decision March 10.  
    However, mine was a remand, where they are required to give expiditious treatment.  
    It shouldnt be long.  
  17. broncovet's post in Code 5314 Rating was marked as the answer   
    I agree with you.  You got hosed by VA's "Third favorite thing:  Lowball".   Number 1 favorite is delays, while number 2 is denials.  
    Yes, those scars should be rated seperately.  One question:  How does this affect your employment?  Are you working?  
    AND:
    "Getting shot" sounds like a "stressor" for PTSD to me.  I dont know if you have PTSD or not, but many people have it and dont even know it.  My son is one.  He was in IRAQ and his supervisor, who was driving the Tank He normally drove, went over an IED and burned to death.  He does not admit to having PTSD, and wont seek treatment or benefits for it.  
    Ditto for my son in Law.  He has a purple heart, having schrapnel in his head and feet from an explosion..but he wont apply for PTSD nor will he apply for TBI.  
    I cant say that is true for you, but, if you do have symptoms, then apply for it and seek treatment.  
  18. broncovet's post in VA.gov Track Supplemental Claims Issues was marked as the answer   
    Its a concern when "issues disappear".  If its a short period of time such as less than 3 weeks, then dont worry about it disappearing.  It could mean your benefits have been granted and ebenefits hasnt been updated!!
    After about 2 or 3 weeks, tho, you need to start taking action.  38CFR 3.103 says you are "entitled to a written decision".  The problem is VA does not always do that.  I have had 2 issues which "disappeared", that VA TRIED not to adjuticate, but instead just hoped I would not notice.  I noticed!!!!!  
    1.  They "forgot" arthritis of the knee.  I then saw in a rating sheet they quietly put it Not service connected without an VARO decision letter.  
    2.  They "forgot" to adjuticate tdiu.  I held them to the fire on this one, and recently won an earlier effective date for TDIU.   Im 100 percent convinced they shredded my evidence, but that is moot now since I have won everthing I could expect (100 percent plus SMC S).  
          The arthritis issue has become moot, and wont change my compensation 1 cent, so I let it go.  However, I have had a total knee replacement and, if I think I may need aid and attendance becausee of a fake knee gone wrong, I will fight again.  Right now, my knee surgery went well, and Im doing great on a implanted plastic and metal knee prosthesis.  (I broke my leg in service).  
          I would need to pay for an IMO to link my arthritis/knee replacement to the in service fracture.   Since it wont change my compensation, I am not persuing this at this time.  
  19. broncovet's post in ebenefits calims was marked as the answer   
    "payable of potential fees" usually means you have an attorney, you have been awarded benefits, and they take out 20 percent for the attorney.  Did you ask your attorney?
  20. broncovet's post in Changing type of claim for an appeal? was marked as the answer   
    Good question.  I recommend you simply appeal a denial.  VA has the responsibility of consider ALL methods of Service connection, to include:  Primary (direct), secondary, Presumptive, etc.  
    The VA should have considered the claim as secondary, provided that there was evidence that links the applied condition to a SC condition (that is, secondary).  
    You can bring up "secondary condition" in your appeal, especially if you have evidence that your conditon was linked to an already sc condition. 
    Its not required the Veteran understand the differences between primary SC, secondary SC, presumptive SC, or schedular or unschedular ratings.  Its the VA's job to figure that out.  
  21. broncovet's post in Gulf War General Medical Exam C&P was marked as the answer   
    I will speculate the VA calls "Iraq" part of the Gulf War.  
    There is something called a "presumptive SC" for certain Veterans, and it sounds like you meet that criteria.  I would say its likely good.  
    However, your alternatives to going to the C and P exam are "not favorable" to you.  Yea, you could reschedule if you have a conflict, but if you miss a C and P exam, that pretty much means a denial.    It says somewhere in the regulations that you have to cooperate, and I have heard dozens of Vets that missed an exam, and all resulted in a denial.  
    So, if you want to persue benefits, go to the exam.  
    I suggest you "know what you are going to say".  
    First, don't lie about anything.  But do tell the VA how things are "on your worst day".
    Example:  You go to the exam and you feel fine that day.  The doc asks, "How are you?"  You
    Respond, "Fine, how are you sir?"
    Bad idea.  
    Much better:
    (In response to "how are you?")
        "Better, today, sir.  On Thursday, I  ........(now tell him what happend on Thursday, reminding you that was your worst day.) got in a fight with my wife, police were called...had to go to ER, etc."  
         Remember, use your real examples not mine.  Just tell the doc what happened on a very bad day which happened recently.  If you were sick in bed tell him.  
     
  22. broncovet's post in Summery of Benefits after My Re-Eval (is this my award letter?) was marked as the answer   
    This is a very old letter (dated in 2013, about 7 years ago).  Its not a "decision letter" its, well what it says it is...a notice verifying your benefits to certain third parties.  
    These are no longer done, now ebenefits contains these letters needed for verification of things like reduction or elimination of property taxes, (for state or county governments).
    They gave me a similar letter in 2009, when I was awarded benefits at 100 percent.  
    There is nothing to worry about, nothing for you to do, UNLESS you are seeking property tax abatement, or other benefits on the list described in the letter.  
  23. broncovet's post in VA in the DMV area was marked as the answer   
    Most of us have been through something similar.  I have been fighting VA since 2002.  In 2009, I was awarded 100 percent p and T.  (I started with a denial, then 0 percent, then 40 percent and finally 100 percent)  Im still in appeals appealing the effective date, as I lost my home waiting on VA benefits in 2005.  I could not go 3 years without income and keep my home.  Now, Im in a fight to get (my home) back, because I could buy it back with the retro if I win my EED.  
    Was it worth it?  You bet.  The more difficult the fight, the sweeter the victory.  
  24. broncovet's post in Re - evaluation was marked as the answer   
    They wont try to get back the money from 2012 to present UNLESS
    A.  You committed Fraud.   OR
    B.  There was "clear error".  "Clear error" would be something like if the VA paid you benefits and you had a bad discharge, or never were in the military service!  
          If the VA was "generous" on the 2012 rating, lets say your condition wasnt real bad and had few symptoms and they awarded 80 percent, then they probably can not take that back.    They could, however, reduce you in the future, if you "actually improved".   
          Example:   I got married in  2006.  I reported it to VA and explained my "household" income went up as I was married to a nurse and I was "probably no longer eligible for NSC pension" because of household income limits.  
         The VA kept paying me pension for at least 18 months.  I got the money and spent it.   Then maybe 20 months later, they sent me a letter, saying they overpaid me 6000 dollars because I wasnt eligible for pension because my household income was over the limit for pension.  (Duh).   
          I appealed the overage, explaining it was not my fault the VA took almost 2 years to process this, AND, further, I explained how it would be a financial hardship to me.   I also explained that I did not have access to wifey's money or income..that was hers and not mine.  
           I was forgiven the 6000 overpayment (I won the appeal, and they cited my reasons, above).  It was fast and only took about 60 days.  
  25. broncovet's post in Fighting past 100% for P&T? was marked as the answer   
    I would have to know more to advise you.  
    1.  How long have you been rated?  What is your age? If you are young, chances are better you can heal.  
    2.  Do you have evidence that your condition is permanent?  
         If you are over 50, you have been rated 5 years, and you have evidence that your condition is permanent, by all means go for it.  
         However, if you are 25, you got rated six months ago, and there is no evidence that its permanent, not so much.  
×
×
  • Create New...

Important Information

Guidelines and Terms of Use