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donews
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Posts posted by donews
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Kris, I believe you are close to running out of time. You can file on the Jun 06. I don't believe you can file on an increase, it has to be a new SC. I also believe you have to be 100% to be waived the $10,000 but I am not positive. Someone will clarify. Better get going.
You are correct it is Two Years from a new connection not just an increase.
As for the waiver, you DO NOT have to be 100% Service Connected, but you must be considered unemployable.
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The form discussed in this thread is the same official VA form I mentioned yesterday when I said:
The point of all this is that the form discussed here is not a local VARO-specific form; it is prescribed at M21-1MR, Part 1, Chapter 5, Section C, Item 17. Exhibit 2: Appeal Response Form.
Ron
Very interesting to see that this is an offical form.
That one particular time is the only time I have seen that form.
I will let you know if I get another during any of my current claims.
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Very good work.
Good luck!
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You can apply for the $10,000.00 Service Disabled Veterans Life Insurance within TWO years of any rating decision, even a 0% rating.
You can either fill out VA FORM 29-4364 or fill out the online form.
Here is a link to the SDVI page:
VA Service Disabled VEterans Life Insurance
Once you get approved for the Life Insurance, if they do not already see an infered claim for a Waiver of Premiums, then you just request that they give you a Waiver of Premiums. If that is approved, then the $10,000.00 in life insurance is premium free for you.
If you do get approved for the "Waiver of Premiums", then you automatically become available to purchase an additional $20,000.00 of Life Insurance, but you must pay for the additional insurance, you can not get a waiver on the additional $20,000.00 of insurance.
So you end up with a total of $30,000.00 in insurance but you only pay for $20,000.00.
Hope this helps!
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The system has a way of doing that to a person.
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I never knew the clinics were open on Saturday, good to hear.
I can certainly see how it is a benefit to run them on weekends, even more so if your a working vet.
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A C&P on a Saturday?
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It sounds like you got yerself an explorer hyjack causing you trouble.
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I have been noted to have memory issues for a long time, at least I think I do / did.
If they ever gave me any toys / devices, I must have forgot about them.
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Goto the SSA website and locate your local SSA office.
Call the local number for your office.
Request a copy of your SSDI file.
If it is located locally they will be able to get it done in little time.
If it is in the repository, it may take a few weeks.
They may or may not charge you for the file, I had to pay around 100 bucks for mine.
Some people have managed to get them free, so its a hit or miss type thing.
Should be pretty straight forward.
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It is great news that you got awarded your pension.
So I take it from your post, that a VSO filed for any benefits that may be due and asked that they adjudicate your husbands unfinished claims on your behalf?
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Are you asking him to let you review the C&P exam records from the exam?
Or are you asking about other records?
If you are asking about the C&P records, sometimes they are not available immediatly, you can request them from the VAMC that in incharge of the C&P clinic. Sometimes the examiner needs a supervisor to sign of on the exams before they are considered final, and that may be why they are not avaialable immediatly. No, it is not against if they do not make them available to you right there. They can require you to fill out a release form and they can even require that your records be mailed to you as sometimes the records have such types of information that a supervisor must sign off on the release.
If you are asking about seeing your VAMC Recs or C-File, not they are not required to have access to them to complete a C&P exam. There are many times when a C-File or SMR's are not available to the examiner. It is not against the law.
It might have been a misunderstanding on the examiners part as to what you were requesting or he could be a "ride the short bus to school" type of doctor or he might just be a butthead.
Do not be discouraged.
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now i ask for hearing girl told me thay could just make decision.
The above quote says they have not made an actual decision yet.
It is good news tho that it is moving along the cahin and not sitting in a dust pile for years.
I would rather get a denial and SOC in less than six months or even a year, than to wait for years while my file sits around, because at least then I can be developing my strategy and files for a appeal.
Just my thoughts, for whatever they are worth.
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Excellent news.
Now sit back, relax and wait a few years or ten and you might get something from the va also.
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Welcome to Hadit.
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Ok let me add to the madness and confusion as well.
I have done extensive research recently on the subject of SMC and I have several more pages to go over before I am even half way through this muddle of information.
But I have a question:
What happens when a vet is assigned two or even three different SMC awards?
I have case documents showing such awards, even have the instructions manual showing how to enter the data into the VA computer for the awards, but NO WHERE can I find if they get both awards each month or just the higest award.
Anyone have a clue?
And if you want even more fun VA Math, try figuring out what the SMC rate is for you when you get hospitalized. Now thats fun.
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I dropped of the form for Aid & Attendence on April 9th when I had an appointment for my PCP.
I will be bouncing between two issues here as they are "Inexplicably Intertwined" so bear with me.
I even dropped off copies of the C&P for Aid and Attendence and a few other materials describing what they want in the forms.
Well...... I did get the form back filled out and signed. So I guess I got part of what I wanted.
But, isn't there always a but?....
Every single section where the form asks the doctor to be very specific about limitations, fine motor skills, grasp, ect. he just wrote very non detailed information. For example under the restrictions for upper extremities:
"Veterans can use hands but has difficulty"
Well umm ok so what the he77 does that mean? Not very descriptive.
Then to top off the molded cake with some nice sour frosting, under the section he was supposed to list conditions I have, he listed them, and right next to Depression he writes:
"Depression - Veteran has trouble dealing with his own affairs"
What the F*&^ is that BS?
No doctor, not my cardiologist, not my hospice doctor, not my other doctors, not even the three VA Mental Health Doctors have ever even peeped anything about this.
Actually all three of my Mental Health Doctors have specifically stated in the records multiple times that I am able to handle my own affairs.
I think this doc did this to get back at me. Its a long story, but we have been at odds for over a year almost since he has been my PCP. Ever since the first appointment wiht him, he rushes me out before I can talk about anything I need to have address, doesn't matter if its a current or new condition. He says he can not waste all his time on one vet, he has other vets that need him also and he wants to be fair. The VA have been dragging their feet about getting me another doctor, I found out today, that I might get to get another doctor but it will require a clinic move and further drive just to get one, but its gonna be worth it. This doctor stops me in the middle of my sentences every visit I have with him and says ok see ya come back in six months. He NEVER in over a year has ever resolved all my concerns during a visit, actually he usually doesnt have time to hear them before I am forced to leave. Basically when I goto the appointment, he will start in on his own agenda and do and talk about what he wants then its over. I complain to the other doctors and even the patient advocate nad they are like tell him to slow down and refuse to leave until your done, but he just says see ya in six months then walks away. My son called the VAMC that handles this clinic and filed a complaint with the director. Since that time, the doctor has been less confrontational, but he NEVER returns my calls, NEVER returns the calls of other doctors trying to reach him concerning my case, he even sat on my Hospice Orders for a few days until someone from hospice called the main VAMC to complain that he wasn't responding.
But this is insane, a vet should not have to deal with a doctor that he feels has no interest in his well being. I absolutly feel that he has no cencern for my wellbeing since the first time I had to complain on him, and probably before that as I had to complain.
Ok venting is over. Now anyone have an opinion?
Should I submit these Aid and Attendence forms? They basically say in a nutshell that I can not walk unassisted, and that I need constant care, but they are not descriptive enough I think. Also with his note they will try to railroad me into a incompetency issue.
Or should I send them in knowing that my Mental Health Doctors enter into the computer every month that I can handle my own affairs and just prey for the best?
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Welcome to Hadit and Thank you for your service.
Do you have service connection for your diabetes, high blood pressure, or heart disease?
What exactly are you service connected for and at what percentages? Is it just depression or is it other things as well?
I assume from your post you file the form for TDIU and they denied you, is that correct?
What reasoning did they give in your denial letter / decision?
Step back take a deep breath, we will do our best to help you.
Others will be along soon to offer more.
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STOP!
Do not read those records anymore, or that will be the death of you instead.
Everytime I re-read my records, I always seem to find something else that I never saw before, once I add all the new stuff in, it gets depressing.
I know I can't take my own advice, I will be re-reading it all again soon.
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Welcome to Hadit!
Thank you for your service.
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Hdela,
Welcome to Hadit.
I am sorry to hear about your husband.
You might want to move this question into a post in the Claim Research Forum for more people to see it and get more answers.
As far as his claims that were open when he passed, they are no longer open.
When a veteran passes, any open claims are then considered closed.
You as the widow will need to refile those claims to have the VA finish adjudicating them.
Do you have any type of VSO helping you file your paperwork?
Have you received anything from the VA since filing for the pension?
I am sure some other people more experienced in this area will be along soon to offer more advice.
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I have seen a lot of post recently about locating possible missing Service Medical Records, actually I believe I have missing records as well.
Here are two links that may be useful in locating some records.
NPRC Operating Instructions - Has Some Lists Of Record Locations
I must Thank Cowgirl & Wings for these links and Cowgirl stated she got them from Wings, so Thanks to you both.
If anyone else knows of a place to write and or call to search for possible missing Service Medical Records please due add you comments to this thread.
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I was reading the online version of "A 21st Centry System for Evaluating Veterans for Disability Benefits", and came across this statement:
"In addition, according to VHA policy,
Veteran patients may request descriptive statements regarding their medical conditions and/or opinions concerning the "possible cause(s)" of an existing medical condition for VA disability claims purposes. VHA health-care providers shall provide a statement or opinion describing a patient's medical condition. If the health-care provider is the veteran's treating physician, and is unable, or deems it inappropriate, to provide an opinion or statement, such physician shall refer the veteran's request to another health-care provider for the opinion or statement (VHA, 2000)."
Anyone know if this is accurate, and if so where the heck is this reg?
I have yet to find it.
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Let me make sure I got this right.
You went to the ROI office where? At your Out Patient Clinic, Va Medical Center, or VA Regional Office?
You said you requested your SMR from 1980 to present? IS that your Service Medical Records?
The reason I ask is if you requested your service medical records, that is a request that your local vamc or pcp can not handle, and they would have had to send off the request to another place if they even chose to do anything with it.
If they did dens it off, it could be as much as one to six months before you see them, and no you would not receive anything telling you that they were processing it.
You can however CALL the ROI office you made the request at and ask for a status of your request.
Now if on the other hand you chose to get your va medical records, you can simply goto your local vamc and request to get all you va medical records printed on the spot except mental health records.
If you choose or have mental health records, you should make a separate request for those as those must be mailed to you because they will have to get approval from the mental health chief before they can release them.
Hope this helps!
Thank You All
in Success Stories
Posted
First I want to apolagize for dropping off and not keeping in touch.
I have been sick for the most part of the past few months. As I type this I am fighting a cold, sometimes thats all it takes to knock me down these days.
For those who might not know, I was given a grant of SC as Secondary to my DMII earlier this year with an effective date of 2005 (When I originally filed). But due to the VA listing my Heart Disease as "Aggravated By" instead of "Caused / Secondary" to my DMII I was given a rating of 0%.
I received my decision today on the NOD for my Heart Disease Secondary To DMII.
I was granted 100% Effective 2005 for my Heart Disease as "Secondary to" my DMII. I also was awarded SMC Housebound from 2007.
It has been a long road to get here, and I still have more to fight with the VA, but it feels good to put one in the win column for a change.
I absolutely must thank HADIT ( Thank You TBird) and all the caring members for this win. Without Hadit I seriously doubt I would be typing this post. Thank you to all those that read, posted, and replied to my posts.
To go beyound that, I feel that I must mention a few people that I feel I can never thank enough for all their assitance and support.
Carlie, CowGirl, Josephine, and Berta for all your support and thoughts.
Morgan and Dr. Bash for all the time spent assisting me in putting everything together. Morgan spend endless hours assiting me for quite some time, she took time from her life to make sure I had everything I needed to fight and do well at my hearing. Dr. Bash took the time and effort to put together an opinion that I would say is a piece of art.
I will do my best to check in until I get better, then I hope to spend more time contributing again.
Donews