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oldman273

Senior Chief Petty Officer
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Everything posted by oldman273

  1. Thanks from what I read so far which made my mind twist sideways I so far understand I can have multiple ratings for the knees since they avoid the pyramid rating as they involve 2 separate joints ( I think I am right?) I also see it as the rating has to be the higher of the two ratings to avoid the pyramiding obstacle. I am just going to sit back and wait till I can see what the rating is. I think it is better than trying to get ahead of myself. I did go back and look at my effective date of 100% it came back to June 2.2009 my remanded claim was effective June 03,2014 5 years and 1 day if I am reading the dates but again I will just wait and see. I wish I had $1 for every time I sat around fretting over what the VA was doing. My biggest waste of time I have ever did. Maybe not the biggest but the most wasteful use of time and energy I have used up of my short life so far. I say this as many of us look to the problems we have with the VA and it is like charging windmills nothing really worthwhile. It is so sad I come to the advice of many other smarter members on this board. My hat is off to you all. Thanks for the reply I hope to get to sleep here soon. Adios
  2. Thanks will check the link out. I had a fellow veteran reply to a post that concerned me I wish I had gotten some advice. I am P&T 100& for over 4 years SMC/housebound. I applied the knee issue back in 2003. I was told that my winning a remand of a 12 year old claim "might" be an issue with VA. Not anything I could do but fight it I guess. I will be calling my local VSO in the morning to ask. Never even thought about it being an issue as to the age of the claim. Well thanks for the link but I believe I will just wait till I see something either way from the VARO. I got tired of waiting on this claim about 6 years ago no need to start another very bad habit. Adios and have a good night.
  3. My ROM for my right leg is 15-105, my left leg ROM is 20-105 per my last C&P exam. Am I figuring the % right is this 20% based on ROM and arthritis combined? I get confused on pyramiding anyway. I had a claim remanded from CVA and the claim was granted for SC for my right knee and left knee secondary to the right SC. I had this on a remand and since my last C&P was over 4 years old I am wondering if I will have to get a more recent C&P exam. I am sure a new C&P exam will be ordered for the left leg but not sure about the right one. I have Bilateral chondromalacia patella and I had a meniscus tear which has been repaired with surgery back before the claim was granted as secondary on my left leg. I guess I will know when I get the award letter in but I was just working the numbers I have never had a remand before always directly from RAO. Have a good afternoon and thanks
  4. Hello I had fought with the VARO and after appealing and going through the motions I got the brown envelope today. Claims goes back to 2003 so it has been a long fight. This was a long remand from court of Veterans Appeals. SC for right knee disability 38 U.S.CA 1110,1112,5107(West 2014) 38 CFR 3.303,3.307,3.309 SC for left knee secondary to SC right knee 38 U.S.C.A. 1155,5103A.5107.7104 (West 2014) 38 C.F.R. 3.102,3.159,3.321,3.326(a) 4.1,4.3,4.7,4.10,4.14,4.20,4.21,4.71a (2014) I typed all of this listed above in the hopes someone could walk me through this or point me in right direction to look into what all of this means. I had looked up some of this and I got some of this but I have arthritis in my knees and I get that and it appears I am going in for a C&P but any help on this please shoot me a brief on what I am looking at. My story is the same as many of us Veterans who argue cases with courts in the VA. I can only suggest if you are able try to get some help with a pro bono law firm if you can get one or legal advice I was turned down but lucky enough to get my case looked at by a legal defense firm out of DC who saw something was wrong within my claim. I have not stopped smiling since this morning. I know we won (my legal people and myself) but until I get something from my VARO I am just happy to share my story. I think my face will be sore in the morning. All of the smiling I did today. Sure feels good. I hope you all will take my advice and not give up on your claims. I had a lot of bad days but I kept on showing up. Have a good evening. Thanks
  5. Thanks Tbird I am not sure I am going to check Tuesday with my clinic. What others may see as a person being sleepy and think it is not so bad if they have trouble falling asleep but when you can drink a espresso and go right off to sleep drives me nuts. I hope you all have a good evening/morning.
  6. Thanks I think in my area it is just the fact some of the contractors have to pay taxes on the money and be accountable to inspections. Some just do not want the paperwork I have drawn out the proposed plans and attached VA form 26-13 with all the contact information. Also I have to build onto my current house it is way too small to loose a bed room for a bathroom. I thank you all for your thoughts. It is just going to take longer than I thought.
  7. Hello Pete how did the grant process go for you? I got the SAH grant award but I have had a rough time with local lic contractors dealing with the VA. I am looking at having to add a room on to my old house so the walk in shower can be built. My house has no more room to let me put in a bathroom. My bathroom in only 4x6 so it does not meet the minimum space requirements. I wish I could get a stand up tub but I have to look at a walk in shower with a seat.
  8. Hey 2 questions does anyone know if the VA help veterans with sleep apnea by using along with the CPAP any medications to combat tiredness that CPAP does not help? I have had a civilian Doctor suggest Provigil but he said check with the VA but I am not sure if they have anything in their system to help. Also anyone had implants through the VA the dental exam I had last month the Dental surgeon looked in my mouth and said I was going to have to have my lower molars pulled soon due to the tooth roots exposed. I have to wash my mouth out with peroxide 2-3 times a day now. Thanks for any advise.
  9. Hi saw this old post and wanted to add Oxygen helps me with my Migraines. I am SC for Migraines secondary to SC Hypertension. They hurt so bad it keeps me in the dark room for 1-2 days when I am not able to use injections and oxygen. Hope this helps it is worth trying.
  10. Hey all anyone here on the forum had trouble getting a contractor to do the adaptive housing grant to help with remodeling of the veterans home? I have had a rough time getting a contractor to follow up. Is it this hard for any of you veterans who have gotten approved for the grant to modify the house? Thanks for any advice or how it worked for others. Have a good morning
  11. I wish to thank her and you all for your help. Sorry to hear when anyone is sick but she has always been such a great help to all us vets. I hope you are doing better Carlie and hang in there and hope the break will do you some good. Adios
  12. Well first off good news for a change. I applied 3 years ago for the SAH program and was happy to find out I was approved to receive the housing grant. Here is my question I am not complaining at all but who would be my best person to talk with about using the grant? I need a better way to get in and out of the house if I hire out a local contractor is there a guideline to what it pays? I know it is for my Service Connected disabilities and I have a small ramp now but it was built smaller I would like one that I can get up to the house using my walker the one I have now you have to leave the walker at the bottom and get some one to bring it up after I get up the ramp. My other questions are about the bath I would like to install a walk in shower instead of the tub that is in there. I have fallen out of the tub several times one time I hit the toilet got it fixed but after I had a guy tell me I needed a new floor from a water leak in toilet. Nothing fancy just basic stuff. I am open to any ideas you all have did with the grant or what problems you have encountered. I am just happy to be able to change a few things to make life easier so any thoughts you might have are welcome. I was surprised the claim was worked. Have a good day....
  13. I am starting at the bottom and working my way up pasting is one thing I can do. Thank you all for your help: Did you file for SSDI when you retired from your job? If the VA knew this then they should have considered you for TDIU if your retired solely for SC reasons. Usually, the date you file for benefits is your effective date, regardless of what happened before that date. Answer yes I started in 1997 with Migraines which I had from my HBP spikes and got SSDI when I retired from my Job in 2001. I guess you nailed my original question on when the VA should have gone back to but the day I filled is the date they went back to. I had thought I would have an earlier effective date based on my being forced to retire for a SC issue. My HBP has caused multiple issues with Migraines trips to ER and enlarged heart also secondary to SC HBP. I am on 3 different HBP meds daily along with oxygen and injections for Migraines. The VA states the headaches are vascular in nature secondary to SC hypertension but their reasoning is that the migraines are shown to resolve once the underlying cause is controlled. I have the progression shown through multiple MRI showing progression of the white matter getting worse year by year so far. I have submitted the records to VA. I will ponder over the weekend and get my ducks in a row. Thanks for your help.
  14. Hello Berta thanks I need to explain my question better. I was awarded SC for Migraines in 2005 rated at 60% and I had no issue with the claim my question is at the time I was awarded it was over 4 years since I was medically disabled for the Migraines from my civilian job but at the time I was not SC for them but I had been granted SC for the hypertension but not the Migraines. I had terrible migraines from my hypertension until I got my hypertension under control. I take 3 different hypertension medicines now daily and use Oxygen for the headaches now and the imitrex injections when the oxygen does not help halt the migraines. Yes to your question I will look the claim up and paste the claim or answer the VA gave when they granted me SC. I had it explained to me by the VA neurologist that my SC hypertension was a vascular headache and SC was related. If I am able to get ahead of the migraines and lay down in a dark quiet room away from noise and light I can use the oxygen and the shots if it gets bad and they average about 4 or more a month sometimes but I have to watch my BP. The VA got me oxygen and it helps keep them in check but It is not always enough that is why I have the Lesions on my latest MRI. The Neurologist told me it shows up as white matter on MRI from the migraines. Thanks for your questions I thought the VA hosed me on the claim I thought I should have been SC from the date I was medically disabled prior to SC for the Migraines. I will get the claim posted in the morning. Have a good day and thank you for the work you do and the inspiration...
  15. Thanks all, I was happy I was awarded the S ratting but my question is if it is the S ratting, is this the progression of a claim? I am not sure how the process works do you get a SMC award and then granted A&A or is the other way around A&A and then a S award? I have no idea how this all works but I do know it is slow going. I appreciate the help with this. My local congressman office was awesome helping me inquire about the status of the claim they told me it was A&A but the 1-800 call center tells me my claim for A&A is still pending. I will post if I get an answer this week. I have had this claim for A&A going since 2009 not a long haul compared to another claim that was remanded from BVA to my VARO in 2010 it has been at my VARO since 02/2010 I hope I will get the claim for A&A answered soon. I have had good luck with my Congressman office if that helps anyone else I would suggest contacting your congressman office I had good luck. Adios and thanks for any ideas...
  16. Hello a question that bugs me to this day. I was SC for Migraines back in 2005. I was medically retired prior to my SC for migraines 4 years prior to getting SC. I had my employer submit my records from work and civilian and VA Docs both stated my hypertension was primary reason for migraines. I was injured in civilian job but had nothing to do with migraines so fighting for 4 years I had gotten SC but the date the VARO said they went back to the date I filled for migraines not the day I was retired. Have I waited too long to go back? I am service connected for hypertension, Migraines secondary to hypertension.. Enlarged heart secondary to hypertension I have all the records listed in the evidence section which listed the records from SSDI my last employer and my military medical records which listed me having migraines in service. Any ideas? Thanks and have a good day I know I have set and let this fester sometime but what ticked me off recently I had another MRI and the damage from the migraines has gotten worse compared to the last ones I had years ago. I wanted to ask for advice. I think it is one of the cases where the VARO refused to admit they made a mistake but I also have to admit I should have gotten this taken care of years ago. Thanks for any advice.
  17. "Extraschedular entitlement to Special Monthly compensation based on Aid and Attendance criteria being met is granted from August 20,2010. " Is this Aid and attendance or SMC or does it help me with a claim I have in for aid and attendance? I understand by what I have read here but I was told by the call center that I still had a claim for aid and attendance in the works. I have currently in the system a claim for Housing grant to modify my current home and a claim that is in the Pending notification phase. I have called since I got this letter but the aid and attendance is still out there. I am currently also awarded for the S ratting my ability to transfer and get around the house is limited and I need help getting dressed and other issues. I have been holding off asking for an earlier effective date on a disability and not sure if it is worth the potential aggravation of my claims that are in. I had been retired from my fulltime job from a SC condition but at the time I was not SC for it. I had read up on this forum and thanks to you all I feel like I should have had been at least TDIU from the date I was forced to leave my civilian job. I submitted all of my civilian doctors and SSDI which clearly stated I was retired for my now SC disability but putting in for that for fear it would screw up my Aid and Attendance claim. I am thankful now that my wife is able to be home more with me since she had to go from full time to PRN but since I am not a post 911 vet I am not disappointed I am just glad to have someone to help me. I want to thank all of you for putting up with my questions over the long haul. Have a good day...
  18. Hey PM me and we can discuss the particulars I offer this as I went through the same issue. I would offer what I went through I had some questions on some of your claim issue. I can tell you that any mental health issue depending on where u work or live geographic wise (In the south unions are toothless, Northern areas u have better chance of keeping you your job) . With that in Mind would have to have details and tell you in PM. It will be a fight. I hope you win...
  19. Hello All I recently got fed up with being on Morphine for about 6 years. I got tired of feeling drunk or doped up and I was seeing a civilian Surgeon for my service connected back fusion. Long story short I guess I am lucky I weaned myself off of the morphine I do not recommend any one doing this without a doctor (Mine was pissed when I told him I did it over 2 months time myself). My depression was really bad while taking morphine and I still take Norco for pain 4 times a day I just eat the pain a bit more. I am working with my VA mental health Doctor to see if there is anything that could increase my dopamine levels just my opinion but I had to get off the morphine in my mind I was terrified when I really needed the morphine it would not work when I needed it. Again not trying to suggest anyone doing it as I still have to go see the surgeon this month after I told them I weaned myself off the morphine. I used to be a totally different person before I got on the pain meds for chronic pain. A never ending long road we chronic pain suffers have to walk.
  20. Thanks I read where it stated that a veteran who applies should have a least one day during a period of war not combat just service during that time. I noticed when I read it also had in their about a veteran who is receiving a pension. I know I am not drawing a pension so I will let others chime in. I am sure you know what you are talking about so I will leave it up to you all who have been doing this stuff longer than I have. I did want to ask if anyone else had gotten A&A what kind of paperwork did they have to submit? I have sent in my statement my wife's statement and the physicians report as well as the form from the VA for A&A. Anything else I should shoot in? I think I have enough I am pretty sure they will shoot it down but who knows? Thanks again for the reply.
  21. Hello got a question for anyone. I am a Veteran that served on active duty from 1982-1984 with the National Guard. After that I went on to serve 4 years active duty with USMC and was discharged from 1985-1989. Fast forward till now I am 100% P&T for my several SC injuries to include: Hypertensive heart disease 60% DDD lumbar fusion 40% Migraines 30% HP 10% Nerve damage L/R leg stenosis all secondary to SC Back. I also draw SMC SC on account of the back. I need help a lot of it with my back dressing/showering and I am on crutches and walker. With that out of the way I got a call from the VA they were working over an older claim from back in 2009 and asked about my other claims. I answered them and told them I was happy someone had looked at my claims folder. Here is what I need to know. I do not think the VA will grant me A/A as I did not serve on active duty during a time of war. Boot camp for N/G AIT in KY in Sept 1982-March of 1983 then active duty again in 1985-1989 and NG again from 1991-1995 until I got out. Am I wrong in this? Not counting my money with the way it is going I could be using my money in Moon Dollars who knows? I know the VA has a back log but I do not understand why work a claim if it is cut & dry that I as the Veteran did not serve a day during time of war? Just my thoughts I applied when I knew my back was getting worse after the 3rd surgery. Now I have to get help with everyday things like dressing showering and day to day living. Any ideas My surgeon filled out the paper work and wrote that I am P&T disabled for my SC Back and I would only need more and more care as my back is only going to get worse. Adios and look forward to any thoughts.
  22. Yes the remand was sent back from the court of appeals in 07. My VARO took a while and now it is down to seeing how long it can be dragged out I suppose. I am hoping the claim will be done soon I am not giving up till I can go no further. I will hope to hear something soon. I think I have did all I can so far. I do have a law firm in DC but I am on my 3rd lawyer so far. I was lucky they saw the claim coming out of DC and saw there was an issue with the claim. They do pro bono work for veterans. They look at claims that have fallen through the cracks I am thankful they have helped but I learnt a lot to help me with my own claims here on had it. I started out @10% and perfected my claims through research learned on the forum and I am still plugging along. Thanks for asking.
  23. Hello and good Morning, I wanted to add to your reply Berta. I will reply by each thing you asked. 1. SMC Level has to be the lowest I am not able to get my VA stuff it is down some stairs and I am home alone. I know I get an extra $300 each month. 2.I must say I usually have good luck with National call center but that was the "Opinion" of the last lady I spoke with up there about the claim. She said I was 100% no further claims need to be put in for. 3. My docket is 07-0882 the claim is still ongoing. The sad part is the last C&P exam I had for my knees the response from the VA used the rater notes and reasoning that the Court of Veterans Appeals said "Was on a Fishing expedition." I feel I have one of those claims that I can win but only if I do not give up. Every Medical examiner so far has came up with the same diagnosis Bilateral knees with patellofemoral and medial joint arthrosis mild to moderate from the first C&P In 2000. to the state I am at now looking at bilateral knee replacement at 48 years old. My knees were injured by a twisting fall in 1982 and in the USMC in 1986 in my SMR the corpsman noted Crepitus in my knees after a jeep wreck where I slammed both knees in 1986 in USMC on active duty my knees have gotten worse. I had surgery in the 1990s my knees have their own timeline. I read where crepitus which is the precursor or beginning signs of arthritis which was noted in a medical exam during service I should have put this in before to explain how the knees went from bad to worse. 4. You know about my last phone call to the call center and I was SC for Migraines secondary to hypertension which is also caused my heart to be enlarged as well. At least my BP is good right now as I am numb to the VA just wary of them I just cannot trust them if you read the docket. Thanks for looking at it give me your thoughts. Have a good morning.
  24. Thanks so much I just could not understand when I was told I was both 100% P&T and still considered IU. I will try to call again have a good morning
  25. I have a question? I am confused with the VA. I started out a couple of years ago after getting all my claims in perfecting my claims I got rated at 90%. I had a C&P exam and was awarded 100% P&T I thought that was that. I still make my appointments and some of my medical issues were reported on by my civilian surgeons as " The veterans Service connected back condition after multiple surgeries with hardware and multi level fusion is considered in this Surgeons opinion P&T with no chance of improvement" to that effect. H also wrote to the VA that my back is advanced with arthritis advanced for a person my age and is secondary to the initial injury I had on active duty. No civilian car wrecks or any injuries just secondary to the original injury. I have been going to the same surgeon for follow ups and now my back is worse the levels above my fusion are herniated on 2 levels and the arthritis is all the way up my spine shown by MRI totally worse than it was before the 4th surgery. I get a phone call to report for an C&P out of the blue no letter just a phone call. The C&P was not for my back but for Migraines that are now worse than they were before with leasions on the brain shown also by MRI. The nuerologist says it is from the migraines and ruled out MS as well. The VA considers me both IU and 100% P&T with no future exams 2 years ago. Are they on fishing expedition? I know I am paranoid but I never ever trust the VA. I know they can call me in I am fine with that but can I be both P&T and IU at the same time? I also receive SMC as well each month as I need help around the house with bathing and getting dressed my back will not let me have any range of motion being in the shape it is. I have 2 old claims 1 is a remand that is 14 years old from date of claim and the other claim is over 3 years old I just am not sure what to expect out of the VA. I really would like any ideas. I was told to drop the ongoing claim that is 14 years old but I did not think it was like I am opening up any new claims it is their fault the claims have not been finished. Have a good day.
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