sharon

What ever will I do without Hostess Twinkies. The increase will help me buy Tasty Kakes.

Catch me up a little, please. Are you already service connected for your back?

If you said that you are unable to work it would be an inferred claim.

You have waht is called a brokered case. It is simply one RO processing claims for another RO. The claim does not start over. Once the case is rated it will go back to NY. This is standard practice.

Did you have a claim for your sinus condition? If so that exam is different from a dental exam. Otherwise, you would have to claim the sinus infections as secondary to the TMJ.

Send a letter to the Regional Office stating that you never got your appointment and ask them to reschedule the appointment. You can also send an IRIS request.

Bump

It is possibile to have the hysterctomy service connected after service if the condition that caused you to have to have one began while you were on active duty. Check your service medical records to she if you were treated for the current condition and then get a nexus letter from you doctor. This would be secondary to your service connected condition. Hope this helps.

You can post in Social Chat when you just want to vent. List in your subject line if the disucssion will contain a trigger.

Did the call come from the VA hospital or from the Regional Office? Usually with a C&P or QTC exam they will notify you if there is an abnormal reading based on the blood work.

There shuld be a bilateral factor for your knees which would put you above 65%. The math is not done by a person rather by a computer.

Your rank is based on the Hadit system, not prior military rank.

§ 3.665 Incarcerated beneficiaries and fugitive felons—compensation. (a) General. Any person specified in paragraph © of this section who is incarcerated in a Federal, State or local penal institution in excess of 60 days for conviction of a felony will not be paid compensation or dependency and indemnity compensation (DIC) in excess of the amount specified in paragraph (d) of this section beginning on the 61st day of incarceration. VA will inform a person whose benefits are subject to this reduction of the rights of the person's dependents to an apportionment while the person is incarcerated, and the conditions under which payments to the person may be resumed upon release from incarceration. In addition, VA will also notify the person's dependents of their right to an apportionment if the VA is aware of their existence and can obtain their addresses. However, no apportionment will be made if the veteran or the dependent is a fugitive felon as defined in paragraph (n) of this section. (b) Definitions. For the purposes of this section the term compensation includes disability compensation under 38 U.S.C. 1151. The term dependency and indemnity compensation (DIC) includes death compensation payable under 38 U.S.C. 1121 or 1141, death compensation and DIC payable under 38 U.S.C. 1151, and any benefit payable under chapter 13 of title 38, United States Code. The term release from incarceration includes participation in a work release or halfway house program, parole, and completion of sentence. For purposes of this section, a felony is any offense punishable by death or imprisonment for a term exceeding 1 year, unless specifically categorized as a misdemeanor under the law of the prosecuting jurisdiction. © Applicability. The provisions of paragraph (a) of this section are applicable to the following persons: (1) A person serving a period of incarceration for conviction of a felony committed after October 7, 1980. (2) A person serving a period of incarceration after September 30, 1980 (regardless of when the felony was committed) when the following conditions are met: (i) The person was incarcerated on October 1, 1980; and (ii) An award of compensation or DIC is approved after September 30, 1980. (3) A veteran who, on October 7, 1980, was incarcerated in a Federal, State, or local penal institution for a felony committed before that date, and who remains so incarcerated for a conviction of that felony as of December 27, 2001. (d) Amount payable during incarceration—(1) Veteran rated 20 percent or more. A veteran to whom the provisions of paragraphs (a) and © of this section apply with a service-connected disability evaluation of 20 percent or more shall receive the rate of compensation payable under 38 U.S.C. 1114(a). (2) Veteran rated less than 20 percent. A veteran to whom the provisions of paragraphs (a) and © of this section apply with a service-connected disability evaluation of less than 20 percent (even though the rate for 38 U.S.C. 1114 (k) or (q) is paid) shall receive one-half the rate of compensation payable under 38 U.S.C. 1114(a). (3) Surviving spouse, parent or child. A surviving spouse, parent, or child, beneficiary to whom the provisions of paragraphs (a) and © of this section apply shall receive one-half the rate of compensation payable under 38 U.S.C. 1114(a). (e) Apportionment—(1) Compensation. All or part of the compensation not paid to an incarcerated veteran may be apportioned to the veteran's spouse, child or children and dependent parents on the basis of individual need. In determining individual need consideration shall be given to such factors as the apportionee claimant's income and living expenses, the amount of compensation available to be apportioned, the needs and living expenses of other apportionee claimants as well as any special needs, if any, of all apportionee claimants. (2) DIC. All or part of the DIC not paid to an incarcerated surviving spouse or other children not in the surviving spouse's custody may be apportioned to another child or children. All or part of the DIC not paid to an incarcerated child may be apportioned to the surviving spouse or other children. These apportionments shall be made on the basis of individual need giving consideration to the factors set forth in paragraph (e)(1) of this section. (f) Effective dates. An apportionment under this section shall be effective the date of reduction of payments made to the incarcerated person, subject to payments to the incarcerated person over the same period, if an informal claim is received within 1 year after notice to the incarcerated person as required by paragraph (a) of this section, and any necessary evidence is received within 1 year from the date of request by the Department of Veterans Affairs; otherwise, payments may not be made for any period prior to the date of receipt of a new informal claim. (g) Incarcerated dependent. No apportionment may be made to or on behalf of any person who is incarcerated in a Federal, State, or local penal institution for conviction of a felony. (h) Notice to dependent for whom apportionment granted. A dependent for whom an apportionment is granted under this section shall be informed that the apportionment is subject to immediate discontinuance upon the incarcerated person's release or participation in a work release or halfway house program. A dependent shall also be informed that if the dependent and the incarcerated person do not live together when the incarcerated person is released (or participates in a work release or halfway house program) the dependent may submit a new claim for apportionment. (i) Resumption upon release—(1) No apportionment or family reunited. If there was no apportionment at the time of release from incarceration, or if the released person is reunited with all dependents for whom an apportionment was granted, the released person's award shall be resumed the date of release from incarceration if the Department of Veterans Affairs receives notice of release within 1 year following release; otherwise the award shall be resumed the date of receipt of notice of release. If there was an apportionment award during incarceration, it shall be discontinued date of last payment to the apportionee upon receipt of notice of release of the incarcerated person. Payment to the released person shall then be resumed at the full rate from date of last payment to the apportionee. Payment to the released person from date of release to date of last payment to the apportionee shall be made at the rate which is the difference between the released person's full rate and the sum of (i) the rate that was payable to the apportionee and (ii) the rate payable during incarceration. (2) Apportionment granted and family not reunited. If there was an apportionment granted during incarceration and the released person is not reunited with all dependents for whom an apportionment was granted, the released person's award shall be resumed as stated in paragraph (i)(1) of this section except that when the released person's award is resumed it shall not include any additional amount payable by reason of a dependent(s) not reunited with the released person. The award to this dependent(s) will then be reduced to the additional amount payable for the dependent(s). (3) Apportionment to a dependent parent. An apportionment made to a dependent parent under this section cannot be continued beyond the veteran's release from incarceration unless the veteran is incompetent and the provisions of §3.452© (1) and (2) are for application. When a competent veteran is released from incarceration an apportionment made to a dependent parent shall be discontinued and the veteran's award resumed as provided in paragraph (i)(1) of this section. (j) Increased compensation during incarceration—(1) General. The amount of any increased compensation awarded to an incarcerated veteran that results from other than a statutory rate increase may be subject to reduction due to incarceration. This applies to a veteran whose compensation is subject to reduction under paragraphs (a) and © of this section prior to approval of an award of increased compensation as well as to veteran whose compensation is not subject to reduction under paragraphs (a) and © of this section prior to approval of an award of increased compensation. (2) Veteran subject to reduction under paragraphs (a) and © of this section. If prior to approval of an award of increased compensation the veteran's compensation was reduced under the provisions of paragraphs (a) and © of this section, the amount of the increase shall be reduced as follows if the veteran remains incarcerated: (i) If the veteran's schedular evaluation is increased from 10 percent to 20 percent or greater, the amount payable to the veteran shall be increased from one-half the rate payable under 38 U.S.C. 1114(a) to the rate payable under section 1114(a). (ii) If the veteran's schedular evaluation was 20 percent or more, none of the increased compensation shall be paid to the veteran while the veteran remains incarcerated. (3) Veteran's compensation not subject to reduction under paragraphs (a) and © of this section prior to award of increased compensation. If prior to the approval of an award of increased compensation the veteran is incarcerated in a Federal, State, or local penal institution for conviction of a felony and the veteran's compensation was not reduced under the provisions of paragraphs (a) and © of this section, none of the increased compensation shall be paid to the veteran for periods after October 7, 1980, subject to the following conditions: (i) The veteran remains incarcerated after October 7, 1980 in a Federal, State, or local penal institution for conviction of a felony; and (ii) The award of increased compensation is approved after October 7, 1980. If the effective date of the increase is prior to October 8, 1980, the amount payable for periods prior to October 8, 1980, shall not be reduced. (4) Apportionments. The amount of any increased compensation reduced under this paragraph may be apportioned as provided in paragraph (e) of this section. (k) Retroactive awards. Whenever compensation or DIC is awarded to an incarcerated person any amounts due for periods prior to date of reduction under this section shall be paid to the incarcerated person. (l) DIC parents. If two parents are both entitled to DIC and were living together prior to the time of the DIC payable to one parent was reduced due to incarceration, they shall be considered as two parents not living together for the purpose of determining entitlement to DIC. (m) Conviction overturned on appeal. If a conviction is overturned on appeal, any compensation or DIC withheld under this section as a result of incarceration for such conviction (less the amount of any apportionment) shall be restored to the beneficiary. (n) Fugitive felons. (1) Compensation is not payable on behalf of a veteran for any period during which he or she is a fugitive felon. Compensation or DIC is not payable on behalf of a dependent of a veteran for any period during which the veteran or the dependent is a fugitive felon. (2) For purposes of this section, the term fugitive felon means a person who is a fugitive by reason of: (i) Fleeing to avoid prosecution, or custody or confinement after conviction, for an offense, or an attempt to commit an offense, which is a felony under the laws of the place from which the person flees; or (ii) Violating a condition of probation or parole imposed for commission of a felony under Federal or State law. (3) For purposes of paragraph (n) of this section, the term felony includes a high misdemeanor under the laws of a State which characterizes as high misdemeanors offenses that would be felony offenses under Federal law. (4) For purposes of paragraph (n) of this section, the term dependent means a spouse, surviving spouse, child, or dependent parent of a veteran. (Authority: 38 U.S.C. 501(a), 5313, 5313B; Sec. 506, Pub. L. 107–103, 115 Stat. 996–997)

The VA must send you a letter in writing of their proposal to reduce. Otherwise they can not do it. You have the right to a hearing before a reduction. The only time a reduction can be done without notifiction is when it does not effect the overall rating. What you SO told you seems to be the way business is done between the SO and coaches. Little to worry about based on the infomration you have given.

Have you put in for an increase? The medial evidence will show that you were out for year. With a letter from your doctor you can put in for a reconsideration based on the medical evidence. Otherwise, appeal the decision.

It does not have to be a letter. It can be a note from the doctor. it does however have to address the extension and why. How long were you out of work? Why did it go beyond the original period of convelesance?

That is exactly what it was. If you do not pay the VAMC for a medical bill they will take it from your compensation payment. The bill was over 90 days old.

What they gave you is called a staged rating. Without having the Reason and Bases contained in your rating decision it is had to give advice on percentage. If you would post that information I would be glad to informed advice.

You can only be rated from one mental conditon with the exception of an eating disorder. You can apply for an increase of your PTSD based on you condition having become worst.

Scoliosis is considered a congenital or developmental disorder. As such you can not file a claim for compensation. You can however file a claim for aggeravation if you can show that something in service increased the progression of the disability or increased it's natural course. § 4.9 Congenital or developmental defects. Mere congenital or developmental defects, absent, displaced or supernumerary parts, refractive error of the eye, personality disorder and mental deficiency are not diseases or injuries in the meaning of applicable legislation for disability compensation purposes. § 4.22 Rating of disabilities aggravated by active service. In cases involving aggravation by active service, the rating will reflect only the degree of disability over and above the degree existing at the time of entrance into the active service, whether the particular condition was noted at the time of entrance into the active service, or it is determined upon the evidence of record to have existed at that time. It is necessary therefore, in all cases of this character to deduct from the present degree of disability the degree, if ascertainable, of the disability existing at the time of entrance into active service, in terms of the rating schedule, except that if the disability is total (100 percent) no deduction will be made. The resulting difference will be recorded on the rating sheet. If the degree of disability at the time of entrance into the service is not ascertainable in terms of the schedule, no deduction will be made. § 4.41 History of injury. In considering the residuals of injury, it is essential to trace the medical-industrial history of the disabled person from the original injury, considering the nature of the injury and the attendant circumstances, and the requirements for, and the effect of, treatment over past periods, and the course of the recovery to date. The duration of the initial, and any subsequent, period of total incapacity, especially periods reflecting delayed union, inflammation, swelling, drainage, or operative intervention, should be given close attention. This consideration, or the absence of clear cut evidence of injury, may result in classifying the disability as not of traumatic origin, either reflecting congenital or developmental etiology, or the effects of healed disease.

Congratulations. Keep on top of your deferred issue. Make sure you have sent in all the information they have requested.

What you have scheduled is a QTC exam. They will have a list of questions given to them by the VA that they should follow to do the exam. They will give no treatment. Based on the worksheet the will give an opinion on your condition. Copies of your medical recoreds should be sent to the Regional office for review as part of your claim.

What your employment counts as is called Marginal Employment. TDIU is not based on the amount you make but you abililty to seek and maintain employment. You will have to use your income tax returns as your proof wages. Otherwise you so meet the criteria to file for TDIU. If granted TDIU you can make up to the amount for a single veteran receiving pension, however, you can not maintain full time employment.

3.354 - Determinations of insanity. (a) Definition of insanity. An insane person is one who, while not mentally defective or constitutionally psychopathic, except when a psychosis has been engrafted upon such basic condition, exhibits, due to disease, a more or less prolonged deviation from his normal method of behavior; or who interferes with the peace of society; or who has so departed (become antisocial) from the accepted standards of the community to which by birth and education he belongs as to lack the adaptability to make further adjustment to the social customs of the community in which he resides. (b) Insanity causing discharge. When a rating agency is concerned with determining whether a veteran was insane at the time he committed an offense leading to his court-martial, discharge or resignation (38 U.S.C. 5303(b)), it will base its decision on all the evidence procurable relating to the period involved, and apply the definition in paragraph (a) of this section. The VA can make an Administrative Decison for compensation and Medical Care based on the veterans mental capacity at the time of the offense.

It is not unusual for the RO to send an exam back for clarification to the QTC examiner. It will show in the system as a pending exam. It is hot and everyone is on edge. Get yourself a cool drink and kick back and relax.