Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
Read Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

Armand

Seaman
 View Profile  See their activity

  • Posts

    25

  • Joined

  • Last visited

 Content Type 

Posts posted by Armand

    Examples Of Medical Documentation

    in VA Disability Claims Research

    Posted

    Thanks so much. I really appreciate it.

    Armand,

    Something else you might want to do (kind of convoluted, but might help)...

    - Go to the O*NET ONLINE website ( http://online.onetcenter.org/ )and find the job(s) you have been doing.

    - Once you find them, investigate all the tabs. These tabs go into minute detail on what is involved in doing the job.

    - Examine these details and note any/all that are ones you can no longer perform

    - Take these details and write a letter to the VA explaining the detail and then WHY you CANNOT do them.

    - Include any physical or mental difficulties as well as how you interact with others.

    - Include documentation (medical and others you might have) that help support this, such as eye info or aches and pains, stress, whatever.

    This is how we got my hubby's SSD for him, by analyzing his ability to work. I also used the stuff I noted in my website on organizing and assembling to create the attachment.

    Now whether this will help you get IU, I don't know since we had enough wrong with my hubby we didn't need to go into this detail, BUT maybe in your case it might help.

    Anyway, just a suggestion in case you end up needing more than the doctor's proof.

    fanaticbooks

    Examples Of Medical Documentation

    in VA Disability Claims Research

    Posted

    Thanks a million.

    Armand,

    John is correct. Thanks, books, for the post on how you won your SS claim. That is useful information I hadn't read before.

    There is a lot of good info on hadit about getting an IMO (Independent Medical Opinions) but here are a couple of things to remember:

    The doc needs to give a medical opinion with a rationale (even if the rationale is covered previously in the report). He also needs to use one of the following statements:

    1. "is due to" (100% sure)

    2. "more likely than not" (greater than 50%)

    3. "at least as likely as not" (equal to or greater than 50%)

    4. "not at least as likely as not" (less than 50%)

    5. "is not due to" (0%)

    So he would write something along the lines of, "It is my medical opinion that veteran is unable to work which is due to his service connected diabetes. Veteran's diabetes causes symtoms x, y, and z which render him unable to perform on any job."

    Now, I am assuming that it is only due to your sc diabetes that you can't work. If you also have a bad back from a non military injury then the doc has to attribute what part of your not being able to work is due to your sc disability and what is due to you non sc disability.

    This is from the VA Diabetes worksheet and could provide a good outline for your doctor to use in writing his IMO rational:

    E. Diagnosis:

    1. State whether the veteran has diabetes mellitus. Indicate type.

    2. Specifically list each identified complication of the veteran's diabetes. Indicate these conditions as "complications of the veteran's diabetes". If the veteran has peripheral edema, indicate whether it is a consequence of diabetic kidney disease or other non-diabetic related etiology.

    3. For each identified complication of the veteran's diabetes, provide a brief rationale for your conclusion. You may base your rationale on such things as the duration of the veteran's diabetes, whether the veteran's diabetes has been poorly controlled, the onset of the condition that you deem to be a complication of the veteran's diabetes in relation to the onset of the veteran's diabetes, the severity of the complication, or anything else you consider relevant.

    4. Where the veteran has visual impairment, cardiovascular disease (including hypertension), kidney disease, neurologic disease, amputations, or any other disabilities which, in your opinion, are not complications of the veteran's diabetes, please state so and provide a supporting rationale as to the basis for your conclusion.

    5. Where the veteran has a condition that is worsened or increased by the veteran's diabetes but is not a diabetic complication, discuss the relationship between the condition and the veteran's diabetes. In particular, discuss what the degree of disability is of the condition over and above the degree of disability that existed prior to aggravation/worsening by the diabetes. Provide your rationale. Indicate if this is not possible to do without resorting to speculation.

    http://www.vba.va.gov/bln/21/Benefits/exams/disexm13.htm

    Hope this helps.

    TS Snave

    Legal Representation For Va Appeals

    in VA Disability Claims Research

    Posted

    Armand I would no longer initiate a claim without a lawyer than I would go into a war without body armor and the a rifle. Thses people are not your friend. If for only the intimidation factor I do believe in having a lawyer. This does not mean tha you should depend only a lawyer to handle a claim you must be proactive for it is your claim ! Assist the Lawyer...Do research....In other words be involved. I know there are good Vet Reps I just have never found one.

    Randall

    I Got 30% For Depressive

    in VA Disability Claims Research

    Posted

    Hi Friends, I got my claim back today and only got 30% for Major depression disorder. Its change me to only 70% disable Vet. VA

    1.A decision on entitlement to compensation ED secondary to medication is deferred.

    2.Compensation for temporomandibular joint disease is deferred

    3.Bilateral feet pain secondary to SC intervertebral disc syndrome is deferred.

    4.IU is deferred.

    What should I do next for my claims? I need help now! Please I need ideas so I can get back to the Veterans Affairs. God bless you all and Thanks you. :) :lol::blink:

    Get as much medical documentation from your private physicians as you can. You need to have them write a letter stating that the severity of your physical ailments prevent you from working. The VA cannot dispute the medical evidence you submit to them.

    C&p Pay For January & February 2008

    in VA Disability Claims Research

    Posted

    I had the same thing happen. I called the VA when the deposit hit in DEC without the increase. They said I would have to send a letter requesting them to adjust my payment to reflect the COLA and ask for it to be applied retroactively.

    My deposit the end of JAN still didn't reflect the change so I called the 800 number again. They said they received my letter 3 JAN and were working the issue. I thought it should be an easy fix but it's the VA.

    I asked how this could happen and was told there is a small group of I think they said pension receiptents that don't get a COLA so there is a code they input to have the COLA applied automaticly. They said for some unknown reason I did not have the code for COLA but they agreed I should have received it. They are working the issue to have my code changed.

    I don't get it. That should be a simple computer entry to cover all the troops. But then again, it's the VA.

    Seems to me if it is small group that don't get COLA, the default should be to get COLA and a code should be required to stop COLA. Doesn't make me feel better to hear them say don't worry we are working the issue.

    Individual Unemployability

    in VA Disability Claims Research

    Posted

    I see you did file NOD already -still you could file for reconsideration anyhow and see what they say-

    I learned a long time ago that what a vet rep says might or might not be fact-

    if they dont have the right answer I think they often just make something up.

    Berta:

    I couldn't agree with you more. You get a different answer from them everytime you call about the same issue. They (VA reps) are poorly trained and "shoot from the hip" too often. Plus, I think they're overworked and are probably stressed out. Anyway, here's the regulation on my situation:

    e-CFR Data is current as of January 29, 2008

    Title 38: Pensions, Bonuses, and Veterans' Relief

    PART 3—ADJUDICATION

    Concurrent Benefits and Elections

    Browse Previous | Browse Next

    § 3.710 Civil service annuitants.

    Department of Veterans Affairs benefits may be paid concurrently with civil service retirement benefits. However, payments will be considered income as provided in §3.262 (e) and (h).

    [29 FR 15208, Nov. 11, 1964]

    I never heard of "filing for reconsideration". How does that differ from the Decision Review Officer?

    Armand

    p_up.gifp_report.gif

    Individual Unemployability

    in VA Disability Claims Research

    Posted

    Armand

    The VA should correct this mistake without you having to file an NOD. There must be some human being at your VARO who can get this straight if you show them this regulation.

    You'd think so wouldn't you John? I already sent this regulation to my DAV Service Representative months ago. But, I swear, everytime I'm lucky enough to get through to someone at the DAV office, it's a new person. They must go through reps like shit through a goose. I've already sent in my NOD and am waiting to hear something from the DSO about a hearing. I should probably pass this info on to the entire web.

    Armand

    Hello Fellow Veterans

    in Introduce Yourself

    Posted

    Armand,

    Welcome aboard!

    What is a FNG?

    Are you in the process of getting your graduate degree in Rehabilitation Counseling or have you graduated?

    Either way, thanks for your willingness to help others. Most times I am unable to help others outside of trying to be encouraging and praying for them. If you prefer encouragment without my mentioning the prayers, please let me know and I will respect that and try to remember to post accordingly.

    Thanks for the welcome aboard. FNG was a term we used in Vietnam for the f****g new guy. I won't offend you with the Marine language. I will graduate this fall with a Master of Rehabilitation Counseling. I already have a Masters in Public Administration. I've had coursework for the DSM-IV, Mental & Emotional Disorders, etc. I would like to counsel these kids coming back from the wars we're currently involved in.

    Armand

    Port Clinton, Ohio

    Individual Unemployability

    in VA Disability Claims Research

    Posted

    Title 5 united states code of federal regulations.

    e-CFR Data is current as of January 29, 2008

    Here's what I found folks. I am a civil service annuitant, I am not receiving worker's compensation.

    Armand

    Title 38: Pensions, Bonuses, and Veterans' Relief

    PART 3—ADJUDICATION

    Concurrent Benefits and Elections

    Browse Previous | Browse Next

    § 3.710 Civil service annuitants.

    Department of Veterans Affairs benefits may be paid concurrently with civil service retirement benefits. However, payments will be considered income as provided in §3.262 (e) and (h).

    [29 FR 15208, Nov. 11, 1964]

    Individual Unemployability

    in VA Disability Claims Research

    Posted

    john999-

    I have seen cases where a vet was denied TDIU because he was already out of work due to an issue that was not service-connected. Example, I saw a case where a vet with 70% depression applied for IU, but he had previously went out on disability from his job for a back condition. VA said that the NSC back condition made him unemployable, not the SC depression.

    I was awarded TDIU by the review board. However, they have been "withholding" the difference in pay because they said it was a duplication of benefits because of my disability retirement from the post office. Oh, the issue was service connected.

    Hello Fellow Veterans

    in Introduce Yourself

    Posted

    Guess I'm one of the FNG's on the forum. I will conribute whatever knowledge I have to assist anyone with their claims. I am knowledgeable with the DSM-IV, and the Code of Federal Regulations from my graduate coursework in rehabilitation counseling.

    Individual Unemployability

    in VA Disability Claims Research

    Posted

    You can actually get workers compensation and TDIU if it is not for the same injury. For instance, if your SC disability is depression but your workers compensation injury is a back injury you can get both at the same time. You most definitely can get OPM and TDIU at the same time since I get OPM, SSDI and TDIU.

    Yes, that's correct. You must have been under FERS retirement. I cannot get SSDI because I was under CSRS.

    Individual Unemployability

    in VA Disability Claims Research

    Posted

    I have seen a few (3 or 4) cases where veterans did get both, so I "think" you can. If you want I will try to look up the governing regs...

    I researched it and found the provisions in Title 38, Pensions, Bonuses, and Veterans' Relief. Chapter 1 - Department of Veterans Affairs part 3, Adjudication paragraph 3.710, Civil Service Annuitants.

    § 3.710 Civil service annuitants.

    Department of Veterans Affairs benefits

    may be paid concurrently with

    VerDate Aug<04>2004 15:20 Aug 04, 2005 Jkt 205138 PO 00000 Frm 00328 Fmt 8010 Sfmt 8010 Y:\SGML\205138.XXX 205138

    319

    Department of Veterans Affairs § 3.714

    civil service retirement benefits. However,

    payments will be considered income

    as provided in § 3.262 (e) and (h).

    [29 FR 15208, Nov. 11, 1964]

    This is what I was basing my opinion on. As John999 indicated, both can be collected. However, I have been struggling with these bastards for over a year. I know the VA is thinking I'm receiving Injury Compensation. Then, trying to talk to a service representative at the DAV in Cleveland is like trying to get an audience with the Pope. Thanks for your input, I appreciate it.

    Individual Unemployability

    in VA Disability Claims Research

    Posted

    I believe what Armand wants to know is can you get OPM disability and TDIU at the same time, and the answer is "Yes". He wants the language to prove it from the regs. I hope I have not spoken out of turn here. His idiot VARO is saying he can't get OPM and TDIU. Ex-federal workers here can tell him the details.

    Thanks John.

×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept