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ShrekTheTank

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Everything posted by ShrekTheTank

  1. If I am reading this correctly, you just got done at the BVA? If so, the decision still has to come back to the RO and the VRO has to do what the remand says to do. If there is an award then they should put that in, but in my experience, they wait until they have done the remand then do both. As doing the remand could cause another grant. When I did mine, they can back with 4 grants 2 remands 1 denial. they fixed the remands and i got 6 grants. Which is good, but it took another 6 months. if it is giving you a deadline, then you need to send in what is asked for. Do not give them a reason to deny it. You have to wait until these decisions are in before you can appeal to the next court. The process sucks but keep fighting and you will get there.
  2. Irritable Bowel Syndrome (IBS) VA Ratings The Department of Veterans Affairs (VA) rates irritable bowel syndrome under 38 CFR § 4.114, diagnostic code 7319 for Irritable Colon Syndrome. VA disability ratings for IBS range from 0 to 10 to 30 percent, depending on the severity of symptoms. The criteria for each VA IBS rating are as follows: 0 percent (noncompensable) – VA assigns veterans a 0 percent rating if they exhibit mild symptoms of IBS, such as “disturbances of bowel function with occasional episodes of abdominal distress.” Although this rating is noncompensable, veterans may still qualify for other VA benefits, such as VA health care. 10 percent – VA assigns veterans a 10 percent rating if they exhibit moderate symptoms of IBS, such as “frequent episodes of bowel disturbance with abdominal distress.” Examples of bowel disturbance include episodes of diarrhea, severe gas, and bloating. 30 percent – VA assigns veterans a 30 percent rating, the highest rating for IBS, if they exhibit severe symptoms, such as “diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress.” To receive this rating, veterans must show that their IBS causes them to be almost constantly in pain. This is an appropriate rating for veterans with daily IBS episodes. Severity and frequency of IBS symptoms vary from person to person, so veterans should always report their symptoms to VA. Irritable bowel syndrome can be severe at times and then disappear completely at other times, so it is important to clearly outline symptoms and frequency of episodes when applying for service connection or an increased rating. fecal incontinence The VA disability ratings for bowel incontinence are tiered at 0%, 10%, 30%, 60%, and 100%. This disability rating is defined under VA diagnostic code 7332 which outlines the rating required for disabilities of the rectum, anus, and sphincter. The VA issues a disability rating to determine the extent to which a disorder impacts a veteran’s ability to function. The rating is higher if the veteran suffers from chronic complications due to the disability, and it is lower if the conditions are intermittent. The VA allocates the below ratings for bowel incontinence: 0% rating if you have slight impairment of the rectum, anus, and sphincter but no leakage. 10% rating if you experience continuous but low or intermittent moderate leakage. 30% rating if you need to wear a pad because you experience reflexive bowel movements. 60% rating if you have substantial leakage and sufficiently frequent reflexive bowel movements. 100% rating if you completely lose control of your sphincter muscles. https://www.va.gov/vetapp07/files2/0717227.txt here is one where the veteran did have both rated. I would say go for both. They seem to be different
  3. I have yet to have a fast one yet. I am at my second round at the BVA and I am at about 550 days right now
  4. this sounds like a pain in the ass. I have an appointment to talk to them, but I am going to ask a lot of questions to see if it is even worth it. Ty for the info!
  5. Can they help with a computer and such?
  6. So I have a few questions about this service. Not sure if anyone can help. I am wanting to start a small business doing bonsai tree nursery. I am wondering how much help the VR&E will be and do they have funds or sources to help with obtaining land and products needed to start the nursery? Trying to figure out if this is good idea or not.
  7. I will say this is the hardest fight I have ever done. My time in Iraq was easier than this.
  8. This is funny as hell! Below is when they closed my claim. We closed your claim on December 12, 2022 We finished reviewing your claim and a decision has been made. You can find your decision letter in the claim letters page. A decision packet will also be mailed to you. Typically, decision notices are received within 10 days, but this is dependent upon U.S. Postal Service timeframes.
  9. sounds good ty. My real concern here is how long this process takes. I mean if I had an active C&P that I need to rebuttle there if no way that is going to happen.
  10. Claim type Freedom of Information Act / Privacy Act Request What you’ve claimed Not Available Date received July 25, 2022 Your representative for VA claims VETERANS OF FOREIGN WARS OF THE US
  11. Sure did. I tried to do it at the VAMC and they told me they do not do that anymore. I went to the C&P office and got the same response. I then went to the state VSO and they filed my FOIA for me. It went through the NEW process and I am now waiting to see how long it takes.
  12. Oh no they responded. It has take over 6 months to get my C&P exams. Still have not seen them. They have sent 4-5 letters about them and that they are sending a CD of them. So we will see when they get here.
  13. No, I am talking about C&P exams. I am waiting on them still.
  14. Yes this has changed. I started with the process and then was told the new way to get them. I was stupefied at how long this will take. I thought Ok this should take a month? Two at most. I was way wrong. They sent me a letter stating it was coming, but still nothing. I will update once they send the CD
  15. I would do what you said above and contact everyone. I know the senator route really works. Just gotta go hard at it
  16. I am trying out the New IRIS system today and see if I can get an answer
  17. I agree it sucks. This should be very simple to get. walking over fired coals is BS
  18. yes I just wanted all my C&P exams. So I can go over them to see if they are right
  19. I did the privacy act request and they sent a letter stating a CD was coming, and that was 2 months ago. Prior to that it was 4 months,so we will see As for the above, I did try and they told me this is the way it has to be done. They could be wrong, who knows. Maybe someone else had better luck
  20. You need another disability of 60% to get to that mark
  21. I could be totally wrong here and I need to go fight for my own claim. Below was just posted to me and I think I need to put in for SMC-S The Court has held that the order in which disabilities are service connected is not relevant to VA's determination of a claimant's eligibility for special monthly compensation under 38 U.S.C. section 1114(s). Whenever a veteran has a total disability rating, schedular or extra-schedular, based on **multiple disabilities** and the veteran is subsequently awarded service connection for any additional disability or **disabilities**, VA's duty to maximize benefits requires VA to assess all of the claimant's disabilities without regard to the order in which they were service connected to determine whether any combination of the disabilities establishes entitlement to special monthly compensation under section 1114(s). If, after such an assessment, VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities. Buie v. Shinseki, 24 Vet. App. 242, 250-51 (2010), as amended (Apr. 21, 2011).
  22. I think you need to have ONE disability at 100% or be TDIU. I thought the same thing about SMC. The way it reads you could think that way. After many discussions it is one or the other. I am in the same boat. tinnitus 10% IBS 30% Fibro 40% PTSD 50% Headaches 30% Dercum's disease 60% Knee pain 10% Sleep apnea 50%
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