SSGmajik

Mike, I have already visited him & called him. I have visited him ever time he's been hospitalized. He his my best friend & I will do all I can for him! He will never be alone! I hope things are getting better for you brother! -SSGmajik

Thank you for your reply Berta & I will try to answer all I can. I do not know everything in detail & I will have to talk to my friend to ask questions in more detail, so we can get him some help. "He even notified the VA about being hospitalized, but they denied payment because he had no rating for PTSD. " Can you explain that? -Once he was released he notified the VA stating he was hospitalized & why he was hospitalized. He received a bill & brought it to the VA to have it reviewed for payment & it was denied, because he did not receive a rating from the VA stating he has PTSD. Do you mean they denied a past PTSD claim and gave him no rating at allor did they give him a PTSD NSC rating? ​-From my understanding he was completely denied PTSD several times. He was not even given a 0% rating to even acknowledge he has it, even though the VA was treating him for PTSD! Did they give him a diagnosis in past PTSD claims that was for a different MH disability that they recharacterized as PTSD. -No, he had no rating or diagnosis for other mental health conditions. How long does he expect to be employed with these hospitalizations ( I assume he is employed because of the IRS situation) -He had to quit his job, because of the PTSD recently. -If the VA screwed him up with the wrong meds, and a real doctor can state that with a full medical rationale, showing that this caused his hospitalizatuiions, and aggravated his PTSD, he could potentilly recover some cash under -Section 1151, 38 USC, to help recover the hospital bill that VA wont pay. -His medical records, from private hosp, doctors and the VA would be needed for an IMO doctor to develop that type of opinion.To include his entire medication profile. -SInce I assume he has gotten some retro he might want to consider having a real IMO doctor go over his medical records, to see why his PTSD (or the meds he takes for it) is causing these hospitalizations. -Thank you for the info. I will pass it along. How do you know the combo was lethal? I am not questioning what you are saying....VA gave my husband a combo that was lethal....that is it was a factor in a VACO medical report, that I had proved, had contributed to his death. -The private docs stated the meds he was on has a high interaction possibility & can be very lethal at the dose he was taking. He told the VA several times he was getting worse & was even having seizures caused by the meds. All stated in his records from the private physician. What is the 10% for? He had surgery on his jaw. Again, thank you Berta. I am just trying to help him all I can, so he doesn't have more stress to deal with! Thank you, SSGmajik

I'm not sure where to put this question, so I'm posing it here & hopefully someone can help my buddy! My friend has been struggling with his PTSD & the VA has screwed up his meds several times now & even giving him a combination of meds that could have been lethal! Long story short is that he had 2 events where the police came & he had to be taken to a local hospital where he was admitted in to the mental health hospital & hospitalized for 7 days each time. He now has a large bill that he can't pay! He even had his income tax refund garnished to pay towards it. He was in an appeal process on his claim & just recently won his appeal & now the VA his finally recognizing that he has PTSD, even though they have been treating him for years for it & denied it, he finally got them to recognize it. He is now 60% total (50% PTSD). So my question is since the date of claim goes back to before he was hospitalized should the VA be responsible for paying the bill? He even notified the VA about being hospitalized, but they denied payment because he had no rating for PTSD. Any help guidance would be appreciated! He is currently hospitalized again & I'm worried about him! Thank You, SSGmajik

Here's the form for Ohio's new $50,000 homestead tax exemption form. I called my county auditor & they said the earliest you can apply is 01/01/2015. http://www.tax.ohio.gov/portals/0/forms/real_property/DTE_105I.pdf

As many of you know Ohio passed a new $50,000 homestead property tax exemption for 100% disabled veterans. It's great news that Ohio has finally passed this bill! Here is the link to the form you will need to fill out, but the earliest you can submit it is 01/01/2015. http://www.tax.ohio.gov/portals/0/forms/real_property/DTE_105I.pdf

This is great news for us Ohio veterans! There are so many other states that offered disabled vets tax exemption & Im glad that Ohio finally made some changes to include us! Texas definitely has some of the best benefits for veterans & I have actually considered moving there! Who knows, if I can talk the wife into it I still may move there!:) I will start a new thread, but just incase any Ohio vets check in here, this is the form you will need to fill out for the $50,000 tax exemption & the earliest you can submit it is 01/01/2015. http://www.tax.ohio.gov/portals/0/forms/real_property/DTE_105I.pdf

@rpowell01, From my understanding there was an investigation & the findings were that veterans medically discharged between 09/11/2001 - 12/31/2009 were not given a fair review of their disability. The finding was the MEB & PEB were overwhelmed with injured veterans & they were just pushing veterans out on medical discharges with 0-20%, just to keep up with all the medical discharges coming in! So, the ruling was that veterans medically discharged between those dates deserve to be reevaluated. After 2009 a new board was setup to handle reviewing medical discharge of veterans to ensure their accuracy! Veterans before & after those dates should have been given the proper evaluation, but again this is the government, so take it for what it's worth! I hope this helps! -SSGmajik

Thank you! It's a huge weight off my shoulders! We can actually get our heads above water now! @justrluk: Thank you & I replied to your pm.

Thank you! This link will better explain it than I could. I hope it answers your questions. If it doesn't message me & I will try to answer it! http://www.health.mil/About_MHS/Organizations/MHS_Offices_and_Programs/PDBR.aspx

Again, thank you everyone! I already got my ID card & I have already filed for a lot of other benefits of being 100%! I am also starting the process of filing for a military retirement since I was medically discharged with only 10% & I'm eligible to be reevaluated for the medical retirement, so hopefully I'm approved!

Again, thank you everyone! @71M10: Thank you & they definitely know now how sharp these horns are! Lol @Papa: thank you & yes I've been looking into my state benefits. That's awesome that Texas has no property tax! Ohio has a $25,000 homestead tax reduction, so if you have a house worth $200,000 you pay taxes on $175,000. It's not as good as Texas, but its better than nothing! @Carlie: Sorry I didn't mention it earlier, but I owe you a BIG THANK YOU for your help through the years! You helped me a lot, as you have for many veterans on here! THANK YOU!

Thank you everyone! I will spend wisely & take care of my family, as they have been taken care of me through all this! I'm still in shock that its actually done! @cham1968: this was an claim for increase. @broncovet: you got that right! If they had an average of 300 days, then why did the VA have to initiate a 60 day initiative to complete claims over 2 years in April? That would mean you have a lot of old claims, wouldn't it!

The battle is over! I'm now 100% P&T!!!!!!!!!! Effective date is October 1, 2010. My claim took nearly 2 years & 8 months! I know some have been waiting longer & I hope you all get good news soon! Thank you to everyone here on hadit that helped me & encouraged me! Hopefully I will be able to do the same for other veterans. Again, THANK YOU! -SSGmajik

I hope so too! Thank you again for your help USMC5811!

Thank you for the help! I had my exam today & it was long, 4 hrs to be exact! I could tell this doc was new to doing C&P's, b/c he had to ask 2 other dr's for opinions on different things, but overall I was happy that he at least listened to me & was very thorough on the exam. I have to go next week for 2 more C&P's, so I'll get a copy & see what he wrote. Thanks again for the help!

I just received a letter this weekend that the Cleveland VARO has ordered 3 C&P exams. A little background first. 10/2010 - Submitted TDIU claim 11/2010 - General C&P exam & Mental health C&P 04/2012 - Received Rating increase decision, which was automaticaly filed by VA when filing TDIU. Total rating stayed the same (70%), but was lowered on my back without a ROM exam even the C&P Doc put measurements in my exam results, which is the main reason for my NOD letter above. TDIU deferred. 04/2012 - TDIU deferred status goes back to gathering evidence phase. 08/2012 - NOD sent. See my profile for sample letter I sent disagreeing with general C&P that was performed in 11/2010. 01/2013 - VA acknowledges my NOD & I selected a DRO to review it. 01/2013 - VA requests new C&P exams. What can I do to guard against the VA using the C&P as the sole weight when deciding my claim? I hope this C&P doc is a good one & doesn't lie like the last one. It was a good thing he didn't perform the last C&P according to VA regs or it would of been my word vs his. Can I record the C&P? If yes, do I have to let the doc know I'm voice recording the C&P? I have the general C&P tomorrow, then another mental health & then a TBI next week. I hope they get it right this time, because I don't know how much more I can take of this! Any help is greatly appreciated! Thanks, ssgmajik

I wanted to give an update and get some thoughts on what I should do, if anything........ A little background first. 10/2010 - Submitted TDIU claim 04/2012 - Received Rating increase decision, which was automaticaly filed by VA when filing TDIU. Total rating stayed the same (70%), but was lowered on my back without a ROM exam even the C&P Doc put measurements in my exam results, which is the main reason for my NOD letter above. TDIU deferred. 04/2012 - TDIU deferred status goes back to gathering evidence phase. 08/2012 - NOD sent. Present 01/15/2013 - TDIU claim remains in Gathering Evidence phase & according to my DAV rep the computer shows my claim has no notes & no movement since 04/2012. My question's are: Should I do or is there anything I can do? Is it common for a deferred TDIU claim to not have any note or movement for 9 months? My total claim is now 27 months old & I know people have been waiting longer & it is based on the number of claims, and so forth, but I just to make sure I'm doing all I can. I do not qualify (barely) for the financial hardship to expedite my claim. Also, my claim is at the Cleveland Rating Office & it is assigned to the "Tiger Team". Any help, advice, guidance would be greatly appreciated!

I figured I would post my final draft. I hope this might help someone having trouble with writing their NOD. NAME VA File Number XXXXXXXXX Notice Of Disagreement on Claim Filed XX/XX/XXXX Rating decision on XX/XX/XXXX WHAT: I, (name), am writing this letter as a notice of disagreement to the rating decision I received on XX/XX/XXXX. My TDIU claim was filed XX/XX/XXXX and I received a rating decision for this claim on XX/XX/XXXX and currently my TDIU has been deferred. I am providing medical evidence that shows that the C&P that was performed on XX/XX/XXXX contains errors. I am asking that the enclosed medical evidence and documentations to be reviewed and used to reevaluate my rating. Additionally, my TDIU claim was filed XX/XX/XXXX and has currently been deferred. I am asking that the enclosed medical evidence be used in evaluating my TDIU claim. I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might/could make in deciding this appeal. This includes all legal errors, all factual errors, failure to follow M21-1, all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR. WHAT: I disagree with the decision in lowering my L4-L5 disc herniation status post microdiscectomy with residuals, lowering it from 40% to 20% for the following reasons: WHY: The range of motion reported in the C&P exam is in error: The C&P range of motion exam did not use repetitive-use testing (in accordance with XXX?) and did not use a goniometer (in accordance with 38 C.F.R. § 4.46 Accurate Measurements). This was not stated in the exam or the notification letter. MEDICAL EVIDENCE: A range of motion was performed at XXXXXX Spine Center on XX/XX/XXXX. The report states that my lumbar forward flexion was 10 degrees. (attached & on file) A range of motion test was performed by a physical therapist at the VAMC in XXXXXXX on XX/XX/XXXX For this test each movement was measured 3 times using a goniometer and the average for each was: lumbar flexion was 11 degrees: lumbar extension 7 degrees: L lateral flexion 9 degrees: R lateral flexion 10 degrees. (attached). When my range of motion is measured accurately, the results warrant a rating of 40%, according to 38 C.F.R. § 4.71a. WHAT: I disagree with the decision in lowering my cervical strain with degenerative changes, lowering it from 20% to 10% for the following reasons: WHY: The range of motion reported in the C&P exam is in error: • The C&P range of motion exam did not use repetitive-use testing (in accordance with XXX?) and did not use a goniometer (in accordance with 38 C.F.R. § 4.46 Accurate Measurements). This was not stated in the exam or the notification letter. MEDICAL EVIDENCE: A range of motion test was performed by a physical therapist at the VAMC in XXXXXXX on XX/XX/XXXX For this test each movement was measured 3 times using a goniometer and the average for each was: cervical flexion was 29 degrees: cervical extension 29 degrees: L lateral flexion 15 degrees: R lateral flexion 19 degrees: Right rotation 24 degrees: Left rotation 22 degrees: When my range of motion is measured accurately, the results warrant a rating of 20%, according to 38 C.F.R. § 4.71a. WHAT: I disagree with the 10% rating for migraines, also claimed as chronic headaches: WHY: As stated in my C&P exam on XX/XX/XXXX, I continue to have daily headaches. Despite the fact I am currently on medication for migraines and headaches (as prescribed by the VA) I continue to have at least 2 migraine episodes per month that incapacitates me for several hours. This warrants a rating of 30%, according to 38 C.F.R. § 4.124. WHAT: Residuals, surgical scar, microdiscectomy, and lowering it from 10% to 0%. WHY: My scar is very sensitive and painful to touch. My MRI's show that scar tissue is attached to my sciatic nerve. (attached and on file). This warrants a rating of 10%, according to 38 C.F.R. § 4.118. I have enclosed all documents mentioned above with this letter. I have also enclosed a form from my VA physician completed on XX/XX/XXXX for my student loan discharge. The doctor certified that I am unable to engage in substantial gainful activity and that my residual functionality is less than sedentary. I would like to use this as evidence in deciding my TDIU claim, along with the above information and medical documentation. If you are unable to make any of the changes above and/or move forward with my TDIU deferred claim with the evidence provided, I would like the C&P exam on XX/XX/XXXX to be considered inadequate for rating purposes (in accordance with 38 C.F.R. § 4.2) and a new exam to be performed. Thank You, Name Contact Info

Sorry, I 've been away from my computer for a few days. "How could this affect your rating"- It depends what your ROM was & if you felt it was correct or not. Unfortunately if it's incorrect it will most likely affect your rating. If you know the examiner is wrong and did not use a goniometer and did not repeat the movement at least 3 times, then I would send a letter notifying the VA of the errors in the exam and ask that a new exam be performed and the other two as inadequate. If you have already received your decision I would file a NOD. Here is a link to my topic on my Sample NOD........ Notice the regulations used against the VA and my supporting evidence to why I disagree. You want to make sure you have some medical evidence to show that the C&P ROM exam could contain errors. Everyone here is very helpful. If you would like to see my final draft, I would be more than happy to message it you. If I can help in any way, please feel free to message me. This is JMHO, good luck to you. SSGmajik

Well put Mike!

I'm going to take one to my VSO and hopefully he will pass it along to his colleagues.

I thought this was a decent article. Some things are no brainers, but some of the other info is pretty helpful. http://www.blogs.va.gov/VAntage/7769/getting-your-claim-processed-favorably-and-quickly-some-helpful-hints/

Again, thank you for your help. This is great info!

THANK YOU free_spirit_etc this looks really good! I appreciate you taking the time to make very helpful changes to my NOD letter! I am not going to sit back and let the VA get away with this BS! Again, thank you!

I was awarded 20% for my cervical and 40% for my thoracolumbar in 2008. Thing is all MRI's and Dr's notes all show and state my back is getting worse!