Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
Whodat
-
Posts
588 -
Joined
-
Last visited
-
Days Won
12
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by Whodat
-
-
-
I think that you need to get visibility of the c&p exam to see what the examiner had written. By your records you may qualify. But what the examiner wrote may say otherwise.
I have not done a c&p exam for hypertension but by reading, you were supposed to have 3 different readings 3 different days. Did that happen.
I do have hypertension, my PCP had issued me a machine and I have to record twice daily. My PCP uploaded my results in my doc notes. I average 160 over 100. I am on meds.
-
Welcome to our Hadit family.
My opinion, do not limit yourself for just the above that you have described. Go through your smr and claim what needs to be.
Due to the shortage of ammo, warning shots will not be fired.
In other words, look for other things like tinnitus, feet, knees, back etc. File all at once instead of 1 here, 1 there.
My opinion.
-
Applause to you. Good for standing up fighting on your feet instead of dying on your knees.
What is troubling me, I know that we need a nexus for a claim in order to get service connected. Where I am bamboozled at that if a vet is over 50%, they get medical treatment from their VAMC right, so if the Vet gets all of their treatment at the VAMC, shouldn't that be some type of nexus if they had an event or injury while in service?
-
-
@Rattler. See this is where I am lost. I feel the same way about my dad. He retired in 91. Nam vet. I was told that if he did not file for PTSD within a year after leaving service, then his EED will be the date that he had filed a claim for PTSD. In 91, I don't think that it was called PTSD.
Same as the recent case where the Vet had challenged the VA on an EED. Although he did not file within that year timeframe after service. That case did not fly. So looks to me, even though Vets have a diagnosis and event or injury while in service, if the vet did not file within that 1 year, then the EED is when the vet filed. If it's 10 or 20 years later, the vet is sol on eed
-
Well I am 53. Just wait. Pain will get worse even in the big toe bone.
-
Great point @jamescripps2. I think that my hypertension is one of the triggers for my headaches. I think also my chronic sinusitis is also a trigger as well. Trying to get my doc to state that.
-
Well congrats that you had gotten service connected for Hypertension. Now let's think about this for a moment. Do you meet the criteria for a higher rating? Did you get your c&p exam to see what was written? Did you have 3 c&p exams for hypertension? Are you prescribed medication for hypertension?
These are the things to look for so that we can appeal the decision.
Research hypertension ratings for VA disability and see if you meet the criteria, if so, appeal the decision.
-
Thanks all. He is 70 years old. Trying to help him as much as I can.
But at least his foot is in the door.
-
Thanks Pacman
-
So I am helping my dad which is a retired AF combat vet. I did help him get to 70 in 2012.
There are some things that he had in his records that should have been filed when he had retired but never did like his TBI while in service. If I file that claim and other conditions that he has never filed for, will his EED be from the day that he had retired or from the date that he had filed.
Again he did have a diagnosis while in service.
-
I don't think that anyone can get any type of retirement for 10 years of service. You were medical retired before 20 years of service sounds like to me.
Now if you meet the requirements for military retirement then yes you would get both.
I could be wrong.
-
Very true. Just depends on the breakdown. If you are at 85 to 90, you need 50. If you are at 93 to 94, 10 may get you there.
I am at 89 so I need 50.
-
True. If you are at 90, you need another 50. I am in the same boat. It is hard but can be done.
Try for an increase on sc conditions.
Look at secondaries to sc conditions like sciatica, depression, osa.
-
I agree with Shrek. Look it's like this. We all at some point was afraid of something or someone. I bet that you were afraid day1 in basic training. But we have overcome our fears.
Go for it. I don't think that you will get a reduction but if one is proposed, appeal it. You will still get paid the same and we all know how long appeals take.
- ShrekTheTank and broncovet
-
2
-
Wico, I am sorry for your bad experience with your exam. We all have been there.
I am not a VSO or an attorney but I do suggest searching on HADIT and Google on how to challenge a c&p exam.
It would also help to study your decision letter, why were you denied? What evidence was used for the decision.
-
Well he stated that he first filed in 2009. Denied, then he stated he appealed. My question is did he stopped at BVA level or did he take it all the way to CAVC?
Now he filed again in 2015 as a secondary to PTSD/diabetes. Denied again. Did you appeal that claim or did you just let the claim close. If did not appeal within a year, the claim is closed which effects the EED.
Now the PACT was signed in August 2022. If you was awarded 10% or more, your effective date is August 2022 but you got 0%..
Really don't know the situation but sounds like you were service connected under presumptive condition.
-
3 hours ago, Marine Corp 69/70 said:
Wico1337. If you was on continuous medication and you had a 10% rating for hypertension it should have stayed the same. Do a HLR and if you want a high rating next time do Telehealth program with Va for hypertension and you have to check your blood pressure every day and it is send to a nurse that monitor your pressure and see if you qualify for a 20% rating them put in a claim. Listen 10% or 20% makes know different you’re looking for uncontrolled hypertension that the real killer.
Why do an HLR? Why not challenge the C&P examiner? If you do a supplemental claim to challenging the qualification of the examiner may result in a new c&p exam which could be favorable. Study your decision letter carefully.
HLR's are a waste. You can not submit new evidence.
-
Well if you meet the requirements for a higher rating, you have 1 year to appeal.
-
2 hours ago, Rattler said:
So hears the reason why you submit VA Doc records when you submit your claim. To do a "fully developed claim."
The first vet I helped get his benefits. (This was before I ever got mine) Lets call him Ray.
Ray got out of the Army / National Guard after 32 years in 2013. When he got out he started to go to the VA for MH for PTSD. He got ratted at 30%. He also got approved for SSDI in 2014 via a letter that his MH doc wrote for him. I had known ray through one of his relation for about 15 years. When I ran into him again he was living in someone's barn on a mattress using propane heaters and an electric cord for lights in October. At that time he had no less than 4 VSO from 2014 to 2017 file a claim for an increases by filing only on form and no supporting paperwork. He got denied each time. We started in October 2017 I had him get all his military records. WE went down to the local VA hospital and had them printout his VA MH records. When I reviewed his VA records I found the statement where his MH doctor stated that he was Unemployable. So I put together a fully developed packet. (MH letter and others) We submitted it on December 28,2017. On February 2, 2018 the VA upped his PTSD from 30% to 100% UI P & T. Because no one took the time to go through his MH records and pull out only the ones that related to what he was asking for.
The way I do it is I submit only the records out of the VA file that relates to what you are seeking regardless of if the are in your VA claims file or not. I also submit any other records like your doc outside of the VA's along with the form for the claim and tell the VA its a fully developed claim.
That's a great story. It almost sounds like my situation. My dad served in the USAF for 20 years and after his retirement in 90s, I finally convinced him to file a claim. He didn't want to do it because of all of the paperwork which he did not have. I have did all of the leg work and on his first shot, we got him 70 which was good. The paperwork issue was a challenge because he did not have them but I must say that the VA did a good job by getting most of it.
Now I am filling more claims for him because we did file things like his tbi which happened in service. Now it's hard for us.
-
Bronco is right.
Now I was denied a claim for the same. Lack of continuity. Now what does that mean? Well I never ran to the doc for little things. But it doesn't mean that I had did self treatment.
You can fight BVA on that one. A statement of support of claim may help you as well as a buddy statement where the seen you do self treatment. Even your family members.
Now if BVA denied you, go higher. The good thing is that your lawyer fee will not be coming out of your backpay. That's where EAJA comes into play.
-
59 minutes ago, brokensoldier244th said:
If we are break or lunch it is authorized. Otherwise, you could have reported it to someone. *shrug*
True but todays people are already struggling. I will not be the cause for someone to lose their job. So I just left it alone.
-
14 hours ago, allansc2005 said:
I provide the records because I have peace of mind knowing that ALL the records pertaining to my case are in front of the reviewer(s), leaving no doubt and no room for error the FIRST time.
I've learned this over the years, and it works for ME.
I also pass this "wisdom" along, and don't expect anyone to heed it.
Allan 2-2-0 HOOAH!
I hear you, and I believe that it does work without long delays.
It's just the fact that all the work that we have to do to get benefits. We do get progression in a long run.
Just makes VA job a little easier and more time for online shopping while on the clock.
I seen it. I had witnessed a VA rep at my local VAMC car shopping online.
Bva
in VA Disability Claims Research
Posted
The VA is using every excuse they can. First covid, now PACT.
I have been in legacy appeal since 2018. Finally got sent to the judge 2020. Had the virtual hearing April 2022. It's almost April 2023, still says in decision phase.
As we all know, there is no urgency even though VA stated that they hired more people. To do what, collect a paycheck to say that the unemployment rate at it's all-time lowest?