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broncovet

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  1. 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.  
  2. broncovet's post in Quan123! was marked as the answer   
    Well, no.  How do you know you "have been awareded 2 and remanded 6"?   Did you get a Board decision?  
    If so, it has to be implemented by the VARO.  The VARO takes exactly as long as they want to.  
    Six months, however, is often mentioned when you get a board remand.  Could be sooner or later.  
  3. broncovet's post in 3 Points Needed to Prove Adjudication Made a CUE was marked as the answer   
    "10 year old denials" can not be appealed except for CUE.   However, you can resubmit new and relevant evidence via 38 cfr 3.156 to reopen a claim.  The effective date will be determined by 38 cfr 3.156 c.   That is, if the new evidence is "new service records" you should get the earlier date.  
  4. broncovet's post in Inner ear condition was marked as the answer   
    If you are seeking SC for a perilymphatic fistula secondary to your SC condition, you will need a doctors opinion that the two are related.  If you already have this evidence, then simply submit the claim.  If you dont have this evidence, you can still submit the claim but it wont be approved until you have this evidence which can be provided by a VA doctor (if the doc elects to do so) or by an Independent medical examiner (private doc).  
  5. broncovet's post in How do I create nexus for sleep apnea and sinusitis? was marked as the answer   
    You dont "create" a nexus.  This must be done by a medical professional.  (Doctor, NP, Voc Rehab specialist, Sleep specialist, etc.  )
    You can try "asking" your doc for a nexus.  Do so subtly:  Doctor, do you think this sleep apnea I have could have been caused by (name your in service event, such as a punch in the face, etc) or related to your (SC) sinitus?   
        If the doc says yes, ask him to document it in your records.  VA docs "sometimes" provide a nexus.  Mine did.  He has been with the VA a long time, and he pretty much can not get fired doing so.  
        Or, get an IMO/IME from a private sleep specialist (Sleep doc).  
  6. broncovet's post in meds for non-service connected condition causes disability? was marked as the answer   
    I disagree with Buck, but realize, he too could be right.  I have never seen a secondary condition (secondary to a NSC condition).  
    In fact, a secondary condition assumes you have a primary sc condition.  
    I think you have 2 choices that would be more productive than trying to get a condition SC secondary to a NSC condition. (Something I think is not possible).  
    Instead try these choices:
    1.  Try an 1151 claim if VA treated you and you were harmed by the medications.  
    or 
    2.  You may consider suing the drug companies, especially if they did not let you or your doctor know of these side effects and the drug company knew about them but hid them.  Look up the drugs online and see what the drug company says the side effects are.  
         I think if you are harmed by taking meds the doctor prescibes for you, then its either a doc mistake (1151) or the drug company.  Its not your fault if you follow doctors orders, and take pills he gives you as prescribed.  
         However, this said, we all have to take risks.  The doc should weigh the risks and rewards of giving you a prescription.  
         Sometimes, he has to choose the lesser of two evils.  In other words he knows you need medications (or else) and gives them to you anyway, even when they have bad side effects known.  
           Its when the drug company lies to doctors about side effects they deserve to be sued.  There is lots of fraud in pharmacy companies and research studies.  
           Sometimes, tho, its nobody's fault.  You go to the doc very sick.  He does not have a good medicine for you so he prescribes one that he has, because there is no safe alternative.  Often the doc will give you the choice:
             You can continue unmedicated, or try this drug where the outcome may be worse than none at all.  
             Then, if you make a well informed choice...well then the risks are on you....when the drug company was "up front" about possible side effects.  
  7. broncovet's post in How to write an effective CUE letter was marked as the answer   
    Your letter is a bit hard for me to follow.  And, I might add, I have about 2 years above a Bachelor's degree.  So, my suggestion is that your CUE letter be simple enough that an 8th grade educated person could understand it, because that is probably who will be evaluating it.  
    I think maybe you "cut and pasted" too much of the decision(s) that may not be relevant, rendering it difficult to follow.  
    Here is a suggested format that may be easier to follow:
         The Veteran alleges the VA violated 38 CFR 4.6 as follows:
         The decisions dated 27 Feb 04 and 22 May 01 are in conflict with each other, and did not take into account the medical exam dated 8/22/03.  
         (Now explain how the exams conflict, and how the 2003 exam supports the criteria for a higher rating).  
  8. broncovet's post in CRSC Approval Question was marked as the answer   
    I will give this a try, even tho I dont have a clue.  
    You can use a VA calculator to check how your ratings combine into a final percentage, here:
    https://www.hadit.com/disability-calculator/
    Im not going to plug in the numbers FOR you..you need to do it yourself, as you know better if these are bilateral or not, for example.  
    There is no assurance an extra 10 percent rating will amount to ANY increase.  Often it does not. 
    It looks to me like you are at 80 percent either with or without an extra 10 percent increase, but check it for yourself.  
    As far as will an extra 10 percent take care of taxes, thats a rather complex question, you probably need to ask your accountant.  I have no idea what tax bracket you are in and I have no idea how much, if any, other income you earn.  
    I am like you..it seems like a simple enough question..an extra 10 percent should take care of taxes, right?  Well, that may work at a resteraunt when paying for a meal, but its a mistake to think it would also work like that here.    This is probably moot, tho, because, given your ratings, an extra 10 percent would net you an additional 0 dollars per month, the way I worked this calculator.  Try it for yourself.    
     
     
  9. broncovet's post in Amerisian daughter of Retired US Air Force was marked as the answer   
    This isnt exactly a Veteran's question, but I will give it a shot.  
    You posted, 
    A lawyer once told me that the courts "can not resolve EVERY injustice".  
    I see it that you need to choose from these alternatives, and I wont even think of suggesting which:
    1.  Continue to persue this, trying "something different" than obtaining his DNA, if he refuses.  I dont see that you can make him give his DNA.  Can you visit his country, if your goal is to meet him?    If he cant come here, then you can go there, if its that important to you.  
    2.  Re Evaluate "why" you want to make this happen, and, just maybe, see what it is in your life that compels you to persue this..after all, you apparently had little or no contact with him in the past, so what difference would it make to you in the future?   Remember the Serenety prayer:   
    3.  Make a conscious choice to accept and abide by his decision, and also choose your response(s)  to be the one(s) "most helpful" to your familiy.    You can get Bitter, or you can get Better.   Decide which of the "serenity prayer" applies to this.  I dont know if you can change it or not.  
  10. broncovet's post in Why was SMC and DEA added to my claim was marked as the answer   
    The M21manual requires VA to adjuticate SMC S (housebound) whenever a single 100 percent disability is awarded.  
    Further, if you are 100 percent P and T, then you are eligible for DEA, and your VARO letter should state the same.  This is education benefits for your kids, and it could be a very big deal if they intend to go to college.  It means they could get money when they go to college full time.  
    This could mean 1224 per month, per child who is in college.
    https://www.benefits.va.gov/GIBILL/resources/benefits_resources/rates/ch35/ch35rates100118.asp
  11. broncovet's post in Help with C/P Possibility of QUE was marked as the answer   
    I think this is VA's normal way of doing business, and not CUE.  If the VA relies upon the statments of a competent examiner, they are presumed correct absent your rebuttal.  
    You have 2 ways to rebut this bad exam:
    1.  Ask the examiner to change your records, point out they are not correct, as you said.  Use this to amend your records:
    https://www.law.cornell.edu/cfr/text/38/1.579   A medical examiner makes "opinons", and a difference of opinion is not CUE.  Its also "possible" to challenge the competency of the medical examiner provided that:  1.  He did not have medical expertise in your malady.  (Medical experience or training).  
    2.  Rebut this exam with a more favorable medical exam.  There are 2 ways to do this:
         a.  Ask another VA doc for a more favorable opinion.  Good luck with that one.  Incredibly, my VA doc did just that, but that is the exception. 
         b.  Pay for your own IMO/IME.  This will cost you money, but its probably worth it.    Many Vet advocates will offer "only" this alternative, skipping what I mentioned above.  While it is true, the IMO/IME is  the most likely to succeed, not all Vets applying for disability have an extra 2000 dollars laying around.  The others, altho they are longshots, are still possible.  
    Finally, there is one more option that happens sometimes.  Proceed, and expect a denial.  Duh.  Absent a nexus its almost guarnteed.  Go ahead and appeal, bringing in a special lawyer at the right time.  Some lawyers will "upfront" the cost of the IMO if they are pretty sure you will win.  
    This final option takes the longest.  
  12. broncovet's post in Approval steps within the pending decision phase was marked as the answer   
    It "could" be a good thing, and here is why.  Sometimes, with very large retro, the VA requires 3 signatures.  However, VA is NOT supposed to do that.
    EAP = CUE:
    source: http://thomasandrewslaw.blogspot.com/2010/08/macklem-eap-equals-cue.html
  13. broncovet's post in What date is our sc disability paid on? was marked as the answer   
    Its been my experience this may be your bank.  Even tho electronic depostis may be sent at the same time by VA,, different banks may show the deposit on different dates.  Ask your bank.  
  14. broncovet's post in Appeal with Remand - Regional office answer was marked as the answer   
    Yes, if your goal is getting a decision quickly.  Caveat:  You can not always trust what they say, but lets hope for the best.  
  15. broncovet's post in VA claims they overpayed me. was marked as the answer   
    If this letter finds its way to the debt management center, you "should" get a decision on it.  
    Debt management has their own form, and it includes 2 things:
    1.  Reason you dont think you owe the money.
    2.  How/if it would be an "undue burden" on you financially, so you need to submit "financial information".   
        Something similar happened to me, I wrote debt management, and received a decision that my 6000 something debt was "waived", that is, my waiver was granted.  Like your attorney, I pointed out that I informed VA of my dependent changes, and it was not my fault they did not process these changes promptly.  I further explained that repayment of this debt would create a burden, since my income was only about 1000 per month at that time, which was below the poverty level.  
  16. broncovet's post in BVA granted dis-dis is much worse than 5 yrs ago tho was marked as the answer   
    Yours is a great question which makes sense to all except VA Executives who sit in an oval office making choices like this for us.  
    You should apply for an increase "right away", and submit it probably as "new and material evidence 38 cfr 3.156 b (pending claim).  Of course, VA can mess this up also, like it sounds like they did your initial claim.  If your husband is COPD, Im pretty sure this is a life threatening condition making you eligible for special treatment such as an advance on the docket.  
    There is a special provision on increases, and you may be able to get an increase backdated a year.  Its not your fault VA sat on your claim for 5 years.  
  17. broncovet's post in Attorney Fee status... was marked as the answer   
    Correct.  Your are relying upon ebenefits which is always a bad idea.  Here is my advice:
    1.  Make sure your address is up to date, as well as your banking information.
    2.  Relax, wait for the envelope or a call from your attorney.  You may get paid before he does.  
  18. broncovet's post in Aid and attendence was marked as the answer   
    Have you applied?  The criteria is here:
    https://www.valegalteam.com/smc-l/
    and here:
    https://www.hillandponton.com/aid-attendance-special-monthly-compensation-benefits-beyond-100/
    Dont go to a pension poacher, apply yourself or get a VSO, unless you have already been denied.  
  19. broncovet's post in Non-VA care was marked as the answer   
    Yes, I have heard of this "glitch before", and, its difficult in VA to find out who to talk to about your issue.  I think you could start with the patient advocates office in the VAMC where you were treated.  If that does not produce the result you want,   My suggestion is you go to the Directors office at the VAMC where you were treated and ask him your question.  
  20. broncovet's post in 80% combined rate, claim is still open and went back to review evidence was marked as the answer   
    Yea.  If your AB8 letter shows 80 percent, this is probably right, and, like everyone else, you should wait for the envelope confirming this.  The VA does not hand out letters that we are a disabled Vet (when we are not) like candy at a state fair.  Instead, they dont hand out those letters until/unless you actually get the benefits.  
    This has been my experience.  
  21. broncovet's post in IU P&T; What constitutes earned income? was marked as the answer   
    Just because you reported the income on your tax form, does not necessarily mean its "earned income".  
    Here are a few examples of "investment income" which needs to be on your taxes, that is NOT earned income:
    1.  Capital gains from your home, or from sale of one or more stocks.  You have to pay taxes, but they are not "earned income", but are investment income.  
    2.  Dividends from stocks or bonds.  Again, investment income.  
    3.  Profits from a sale of business.  
          The major difference between "earned income" and "investment income" are whether or not you put up your own cash; whether or not you spent your "time" on it.  Investors generally put their money into it, and people who "work" at the business generally invest their time in it.  
          There is a grey area where it could be "investement income" or earned income.  Best is to go to the IRS website, or ask your accountant which this would be.  
         Disabled Vets can enjoy as much investement income as they like, and it does not affect TDIU.  
  22. broncovet's post in Equitable tolling vs Equitable relief for EED was marked as the answer   
    I think you have the Best chance waiting until the VARO decision/BVA is complete and simply timely appeal them, assuming you are in applicable time frame.  
    If you are at the BVA, given that this takes years to process, there is a good chance your BCMR is "fixed" and, if applicable, you can submit your BCMR decision as "new and material evidence" under 38 cfr 3.156 b.
    A "normal appeal" of the effective date is your FIRST and most popular choice for a good reason:
    The standard of review is lower for a regular appeal rather than a CUE, equitable relief,  or equitable tolling.  
    If you are represented by an attorney, I suggest you take his or her advice, because they have reviewed your file and we have not, among other reasons.  
    If you are represented Pro Se, or with a VSO, consider hiring an attorney AT THE RIGHT TIME.  
    The best time to hire an attorney is often IMMEDIATELY AFTER A BVA DENIAL.  The reason for this is CAVC often awards EAJA fees, so you often pay little or no attorney fees, yet, get the benefit of professional representation.   
     
  23. broncovet's post in VA Dental versus Private Dental was marked as the answer   
    This is an individual question and cant be answered generally.  
    In other words, each time you go to the dentist, you can get a variety of levels of expertise in the dentist in both VA and private dentistry.  
    There are competent and incompetent dentists in private and va practice.  
    Unfortunately, high quality dentists dont often like to work for VA because they are likely to make less money than private practice.  
    So, VA often can not attract top quality dentists and physicians.  Its a problem that needs to be solved by congress.  
    VA wages "top out" about 175k per year.  A great physician or dentist can often double that in private practice.  
    Sometimes VA will offer a "bonus" of 10k or 20k per year, to make up part of that difference.  
    It isnt always about "greed" on the part of the physician/dentist, either.  Often physicians have 500,000 to 1 million or more in student loans to get through medical school.  Student loan payments can be 10,000 per month or more for doctors.  So, if you subtract what the doc has to pay in student loans (say 120k per year), then this leaves just about 55k per year for the doc to live on.  Would you want to have all that responsiblity, and education, and make (after student loans) less than what a gs9 rater makes?  Is that why you persisted through medical school to earn less than a paper pusher???  
    The wages of physicians/dentists needs to be "kept in line" with private industry, and those numbers are inflated because of the exceptionally high cost of education.  
    The trouble is, if they raised the pay of doctors, then those VA exec paper pushers, who dont deserve 175 k per year they are making, will find a way to take advantage and collect the money for themselves, because VA has corrupt executives who "watch each others backs".  
    Great doctors and dentists deserve 350 k per year, but lousy VA executives deserve to be fired.  
  24. broncovet's post in Depression was marked as the answer   
    You can file, but I recommend you file for an increase in your current conditions, instead.  
    You see, you could be diagnosed with depression, PTSD, bipolar, MST, etc., but the VA pays you for "one" set of symptoms and no more.  Generally if you have multiple mental health disorders, you are compensated for the worst one only.  The others are pyramiding and dont count.  
  25. broncovet's post in 70% rating under non service connected status on eBenefits was marked as the answer   
    Its hard for me to answer ebenefits questions, because you need to tatoo this on your arm to help rememeber it:
    Because of this, it makes no sense to try and interpret something that I know to be unreliable.  Several Vets advocates advise claimants "not to check" ebenefits for that reason.  
    Obviously,  70 percent "non service connected" PTSD is not a good sign.  However, this suggests you have been diagnosed with PTSD (Caluza element 1).  
    Further, to be diagnosed with PTSD, you have to have a "stressor".  This suggests an "in service event" which was a stressor"  (Caluza element 2, in service event). 
    Now, we get down to nexus.  You need to understand that VA does not trust private docs to diagnose PTSD..this must be done by a VA doc.  Follow me here.  So, VA apparently diagnosed you with PTSD, and they would not have done so, without a stressor.  Did one or more of your Docs write in your file that "your PTSD is at least as likely as not due to (stress event) in service?  
    I can not answer if you have a nexus or not, but you may be able to read your med reports and see if your doc has provided a nexus.  
    If you do have a nexus, (Caluza element 3) you should be good to go.  So, there it is.  If you have the nexus you should win your benefits, regardless if ebenefits says you are healthy enough to start for The Denver Broncos as quarterback.  
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