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ShrekTheTank
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Posts posted by ShrekTheTank
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I go to the VA hospital very often and our Comp&pen office used to have 5 people working there. I make it a point to walk by every time I am there to check.
Take in mind this my VA in Omaha and others could be different.
We have 1 person who works there now. It was the original C&P officer who started my exams.
I am not sure where you are getting the information that they have all of these people still at the VA. I am not sure how 1 person is supposed to do the work of 6.
I am going off of my own experiences at my local VA. Others could be different, but from my military buddies I have heard they are very limited.
Also if you want to fight the VA on going to a C&P then that is your choice
Is it a fight to have? If you want to fight it, then do what you feel to be right.
I do agree it is crap when they have multiple C&P's and they go for another for no apparent reason. I don't have the energy to fight that fight.
I do hope you have good outcomes from this.
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1 hour ago, disascottc said:
My husband served from 2008-2013. Deployed to Afghanistan and Qatar 2012. He complained of headaches after coming back from his deployment. Besides exposure to certain things the only other reason I could connect two would be the 2nd/3rd degree burn from flash burn when working on 200 amp electric cables that arched.
it seems they do like to screw vets effective date I’ve been trying to help with understanding it all and it’s confusing.we did try the HLR route after approval and their reasoning to keep it all the same was ;
Rating Decision dated April 1, 2014, denied service connection for migraine headaches because the medical evidence did show a diagnosis of a chronic headache condition at that time. VA examination from November 2013 reveals there was no pathology to render a diagnosis of a headache condition. We notified you of this decision in our letter dated April 3, 2014.
You need to keep fighting this. I did not have one either, but I believe headaches are a presumptive for us.
Eligibility requirements related to time of diagnosis
If your illness or condition was diagnosed while you were on active duty or before December 31, 2021
You can get benefits for your illness or condition if both of these descriptions are true for you and you have one of these presumptive diseases.
Both of these must be true. Your illness or condition:
- Caused you to be ill for at least 6 months, and
- Resulted in a disability rating of 10% or more
And you have one of these presumptive diseases:
- Functional gastrointestinal disorders
- Chronic fatigue syndrome
- Fibromyalgia
- Other undiagnosed illnesses, including but not limited to cardiovascular disease, muscle and joint pain, and headaches
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Congrats!!!
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I have a question about Chapter 35
If my wife decides to go to school? What does Chapter 35 pay for? I see the tuition on there, but what about books and house and such?
Thanks for the help
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You can reset your password from the login screen.
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I just requested mine a month ago and it is in gathering of evidence phase.
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it is working
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IMO, I am not sure why they would need a C&P.
They should be looking for when the symptoms began and or when they were recorded. I think you can fight this as they will move the date forward as they did with mine.
You have got to watch them and fight them when it happens.
Did you get a C&P? or just wondering if they will?
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From my understanding, the Judge will only look at what is there.
Now what they might do remand it back for a new C&P with some direction on what to do.
The judge will want all of the information they can and if at the time to make the best decision.
Normally the SOC does have the exams, so I am confused why it would not have one? Or they might want a new one, because the one there is very old or did not have the information they needed.
The judge can just look at the information and render some type of decision. It really depends on what is in the information you sent them.
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Ok you two.
I think you are both right in your own ways.
We have all worked at places where processes are put in place and they are not great. Then you need a managers to override something if there is a complaint.
So as for his job, yes this could be the only thing he can do.
As for having a bad experience, you could have that anywhere you go. My first PTSD C&P at the VA hospital was horrible. The Doctor and the person doing the evaluation were so bad they ended giving me 10%. Then my DAV rep told me to just be happy I got something and to not appeal.
At LHI I have had very good results. Part of the reason for this is getting information from here and helping them get to where they need to go easier.
QTC I have had a horrible time with. I did go to the VA hospital and talk to the C&P office. They were ramped down to 1 person (they had 4 when I first went). The dcotor who was the original examiner was able to redo the exam and send me to LHI. I did get a favorable outcome after I was able to go to LHI.
I did file a complaint with the WH hotline, as I wanted them to know what had happned. Now when they call to schedule I always ask for LHI, and they give me the one I want.
Now could I have companined enough to get into the VA hospital? I am sure I could. The C&P officer there said he did them on rare occasions.
I say try any and all avenues you can and find what works. I had to get my congress person involved to get my awards put in. Find what works and keep pushing.
If the VA got it right the first time there would be no point in the BVA or the CAVC and they are cemented in place.
- blahsaysme2u and GBArmy
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that is funny!
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CAVC is far faster than the BVA.
The BVA does have to deal with everyhting the Veterans throw at them and then when the CAVC sends it right back to them.
I can see why the BVA needs more people.
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You also! Keep us updated
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From what I remember is it went back to the BVA 3 months later. It has been sitting at that stage ever since. I did call them and they said someone did something this past March, and I call every month to see if there is any movement. Nothing since then.
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VA sent you a claim decision
on July 08, 2014 -
VA sent you a claim decision
on July 09, 2014 -
VA received your Notice of Disagreement
on July 09, 2014 -
VA sent you a Statement of the Case
on November 12, 2014 -
VA received your Form 9
on November 18, 2014 -
VA sent you a Supplemental Statement of the Case
on November 17, 2015 -
Your appeal was sent to the Board of Veterans’ Appeals
on March 02, 2016 -
Board of Veterans’ Appeals made a decision
on May 24, 2018 -
VA sent you a Supplemental Statement of the Case
on July 22, 2019 -
Your appeal was returned to the Board of Veterans’ Appeals
on August 20, 2019 -
Board of Veterans’ Appeals made a decision
on November 08, 2019 -
U.S. Court of Appeals for Veterans Claims made a decision
on August 03, 2020 -
Board of Veterans’ Appeals made a decision
on January 08, 2021 -
VA sent you a Supplemental Statement of the Case
on April 23, 2021 -
Your appeal was returned to the Board of Veterans’ Appeals
on June 03, 2021
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That is what I would have thought it meant.
From what I find to be true is it is now in another line at the judge waiting to be adjudicated.
Mine is only for an EED(for 1 issue), so it should be to read the facts (My prior attorney had already filed with them). It all looked correct and should be a fast read.
Mine should have been moved to the front of the line as it was a remand that came back. Atleast it was my understanding.
This signature has been take since then till now, so it is anyones guess how long it will take.
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So I will explain this because I just finished mine a couple of years ago and see if I can explain this.
When the attorney billed, they put down for the hours they worked my case while at the CAVC. They were not allowed to charge for any other fees.
So anything before the CAVC or after the CAVC.
They paid for that part only and the BVA part before and after once I won, I owned them that part.
I think part of my % was paid by the CAVC and they lowered it based on what the CAVC gave them.
Mine was not over the 20% as the CAVC paid for that part of the hours billed.
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Can always hope Lol.
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So we are looking at december or February?
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I am June 2021 and I am still at judge reviewing appeal. It has not moved.
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Ok so I had the same type of issue where I did not apply for benefits for 9 years after I left service.
You can set up an account on VA.GOV and you can submit a claim from there. If you have a copy of your medical records this will help. But you can start the claim TODAY and not finishs it until you are ready. the first is in a couple of days and you will miss another month if you wait. Also you have 1 year to finish the claim but it will hold todays date if you start now. You can upload the documents later.
If you have a copy of your medical records from your time is service that will help. You can also request them.
There are presumtive issues the VA can look at and you can just search what they are.
You would be supprised what is in your medical records and they will help you. If you were seen for it while you were in service, it does make it easier.
I would put down whatever issues you are having and let sort it out. They might ask for more clarification, but other times they will find what they are looking for and just connect the dots.
The best advice is to start the claim today, and gather your documents and get the ball rolling. The rest will fall into place and you will probably fight this for a while. Come back and ask for help, as we have all needed it from time to time.
- Whodat, GBArmy and blahsaysme2u
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https://cck-law.com/video/allergic-rhinitis-sinusitis-va-disability-ratings/
It does look like they are rated seperatly. I was worried it was stack and they would just deny it.
https://www.va.gov/vetapp17/Files8/1744951.txt
Here is a remand
So for my Dercum's disease I could not get a doctor to give me an actual diagnosiss. I took my fight to the BVA and they told the VRO they needed to do a duty to assist to get a diagnosis. They finally did it correctly and gave me the diagnosis. But this cost me a lot of years and a lot of fighting.
I would suggest to find a doctor who will give an IMO. I know they can be found by asking around as that is how I found mine for my PTSD.
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Have you gone through the burn pit registry? I know they will give you a diagnosis if there is one to be had.
Next here is how the VA checks for sinusitis.
After your C&P exam, the VA has to determine if you qualify for disability compensation. Diagnostic Code 6510 correlates to sinusitis, para sinusitis, and chronic sinusitis. The general rating formula states:
- A 0% rating is awarded if sinusitis is detected by X-ray alone
- A 10% rating is awarded if sinusitis is manifested in one or two incapacitating episodes annually and requires prolonged (four to six weeks) antibiotic treatment. A 10% rating is also used when a person has three to six non-incapacitating episodes annually with symptoms of purulent discharge, crusting, pain, and headaches.
- A 30% disability rating is awarded if there are three or more incapacitating episodes annually that require long-term antibiotics of four to six weeks. A 30% rating may also be used for cases of six or more non-incapacitating episodes with symptoms of purulent discharge, crusting, pain, and headaches.
- A 50% disability rating is awarded for those requiring radical surgery for sinusitis with chronic osteomyelitis. A 50% rating may also be given to those with near-constant sinusitis that continues to cause symptoms following repeated surgeries.
Under the Diagnostic Code 6522, a 10% rating is used for vasomotor or allergic rhinitis without polyps but 50% or greater blockage of the nasal passages on both sides. It may also be used if one side is completely obstructed. If polyps (growths) are present, this rises to a 30% rating.
Incapacitating episodes occur when a vet is ordered by a doctor to remain on bed rest.
Is any of the above information in your records?
If so then you should fight it for sure.
The other part to think about here is pyramiding. I am not sure here, but if someone could jump in. Will the VA pay for Sinusitis and Allergic Rhinitis? Or do they just pay the higher of the two?
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This is the part where you might need and IMO.
When I had to get two from outside the VA, I went to them a few times and I explained what was going on. I did not lead them on, I only asked what the issue was as I needed a diagnosis for the VA.
I know there are doctors out there who will do just IMO and they do it well. I also know there are doctors who do not normally do this, but they will do it durring a doctor visit. Now this was years ago.
I am sure there are people here who have used resources from doctors who do IMO's all the time. They will review you records and they can give a detailed IMO.
The thing you are missing is you already have a diagnosis and the VA does give disability for Allergic Rhinitus. Below is a link from an award. I think it can go up to 30% disablility rating
https://cck-law.com/blog/va-disability-benefits-for-allergic-rhinitis/
How VA Rates Allergic Rhinitis
VA rates allergic rhinitis under 38 CFR § 4.97 – Schedule of Ratings, Respiratory System, Diagnostic Code (DC) 6522. The rating criteria includes 10 and 30 percent evaluations, based on the following symptomatology:
- 30% – with polyps
- 10% –without polyps, but with greater than 50 percent obstruction of nasal passage on both sides or complete obstruction on one side
If you believe the severity of your allergic rhinitis is not accurately reflected in the rating criteria, you may be eligible for an extraschedular rating. An extraschedular VA disability rating may be warranted for veterans who experience unique or especially severe symptoms of a service-connected condition.
Again, to receive an extraschedular rating for rhinitis, the veteran’s symptoms must not already be contemplated (i.e., taken into account) in the rating criteria set forth under DC 6522. The criteria for an extraschedular rating fall under VA regulation 38 CFR § 3.321(b)(1).
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I have been fighting the VA for less than some on here, but maybe longer than some. I have never had the VA look and question a rating they have given me.
I do not give them a reason too. When I go to the VA and they ask How are you doing? I say Ok and that is it. If I am going for a specific reason, I let them know how bad it is. I also let them know there has been no improvement to my conditions and they are progressing as there is nothing I can do about it.
I am honest about it, but I never indulge in conversation. I give the facts and that is it.
As for fighting the VA I just put in to get all of my C&P exams and they are in the gathering phase. I want to see what was put in there and see if I need to fight anything about them. IMO I would request them.
Here is the problem with avoiding the VA. If they don't hear anything, they can take this as you might be getting better. This is just my opinion.
I would never lie to the VA, but I make sure I watch what I say. I think there is a good level of cautiousness to keep, but I have not been targeted by the VA to reduce anything.
I don't think using a toll road would ever do anyting. I am not sure why they would think that surgery would be linked to MH, but just not wanting to have kids.
I have seen a few reductions attempts on here, but I have not recently read of anyone loosing a rating. Now if there was an improvement and they reduced the rating, then IMO they should reduce it as your injury is not as bad.
just my 2cents
Thank you Hadit Finally 100% P&T
in Success Stories
Posted
Congrats