Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
VetsLady
-
Posts
398 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by VetsLady
-
-
Was advised that my husbands rating exam will be done at the VAMC rather than a QTC office.
It has not yet been scheduled.....
His BVA Decision was granted sc, medrecs in the C-file are all current...but, the RO wants to do a rating exam.
He had a QTC exam about 2 years ago for this sc condition. Is it logical the VAMC would do the exam rather
than QTC ? Is this a faster way of getting the job done...? VLJ said in instructions to expedite, surely they all
say that...? We have hardship attached and verified.
It was such a let down to win a long battle only to find another mountain in front of us....
Thanks for answers and encouragement - need it right now more than ever.
-
Good job, Lady!
Check with your local Veteran Affairs Regional Office. You may be eligible for free or reduced camping, hunting, fishing passes etc.
Check this site for other benefits that may be available in your state:
http://www.military....efits-directory
All the best with your claim and financial victories!
Thanks for the reply.....knew about the fishing, etc. discounts and have looked at the benefits for our State.....this was a nice surprise,
the brochure I picked up gave a list of who is eligible....and, Veterans with at least a 30% sc rating are eligible for Travel Pay....and in
this economy with the high price of fuel, every bit helps.
Still waiting for a new rating on the BVA decision....still waiting for the exam date to be scheduled. Shucks.
-
Travel pay for a doctors visit ... wonderful.
-
A tough battle is over for you - now it's time for a little well deserved RnR !
-
That is awesome ! Hearing other Vets helping Vets is the best....thank you for doing that.
Thank you for sharing this heartwarming story too.
Hats off to you both !!!
VetsLady
-
Wonderful news.....!
Many happy blessings to you and your family.
VetsLady
-
I see at least some of my postings are read carefully!
My original statement was perhaps too concise and pessimistic when it mentioned the possibility of an unfavorable outcome. Things are a bit different when the BVA gets involved.
I would expect that with the appropriate evidence, that the veteran will eventually receive 100% TDIU.
I was trying to point out that RO's have been known to do things that are not what you would expect, and may not make any sense, given the VA's stated duty and "mission".
What happens if the VA/BVA does something "off the wall" and completely unexpected? (It does happen!) It's a very good idea to have a backup plan or methodology waiting.
For instance, there is currently a complex active claim in front of the Atlanta VARO, with parts in the appeals process, parts denied that may very well involve a "CUE", with the majority of the denials impacted by the "new" presumptives.
A previous SSA SSDI decision cites only "SC presumptive" conditions as the cause of total disability.
The "CUE" involves a special schedule portion of a claim, and the stated reason for denial cites something that is not a cause for denial under the law.
Bilateral organs, etc are involved, and the denial logic is based upon the fact that one of the bi lateral organs is still functioning.
At one point in the claim The veteran was given only a phone call as "short" notice of a C&P.
The C&P was deliberately scheduled at a VA location far from the veteran, even though two VAMCs that do "general" C&Ps were closer and have access via "all weather" roads.
The scheduled location involved "shortest distance" travel over secondary two lane roads that are quite hazardous in bad winter weather.
A second C&P was later scheduled at a more appropriate location, but was a "limited" C&P. The veteran involved has "CAD", a known component of IHD. Yet, the C&P examiner jumped on the VA's favorite "essential" HBP classification, ignoring various authoritative medical references and records that tie the HBP to CAD, etc.
When HBP responds to treatment in specific ways, just about any primary care physician, VAs primary care physicians included, will likely conclude that the HBP is due and related to the CAD.
The C&P examiner totally ignored an opinion and medical records that are based upon a board certified cardiologist that is the "treating" physician.
A complication is that some hospital medical records over ten years old are inaccessible for various reasons.
Chuck....
Thank you for the further explanation. What happens - happens. We go with the requests....its urks me to (and I'm certainly entitled to be urked - LOL) that with ALL of the medical evidence in the C-file
and it all being current, this exam "appears" to be a delay in rating....nothing more, nothing less. Realizing he has to do what they say, show up for the exam, etc. he will do just that. I don't have the two
letters at the end of my name but, what I do know is what his VA doc and his private doc say....."never going to get better, will stay the same if lucky but more likely than not, condition will get worse. His symptoms and
medical evidence support a 100% scheduler rating on their own merit.
Will keep everyone posted how this pans out....
-
Thank you everyone for the replies. It's a roller coaster ride for sure and not much fun .
As for TDIU, that's a possibility - he applied a few years ago as he did meet the 70% however.....SSD gave him disability for a different condition even though all of his VA claimed
conditions were listed....they only need 1 so they only choose 1. Any of the conditions he filed SSD for would have given him SSD disability and he was approved the 1st time he
filed. VA denied the TDIU and life insurance because the remaining illness (the one that was just sc on appeal) was nsc at that time.
BTW, this is not a remanded decision. It's a grant by BVA for sc. Sent to the RO for a rating. It was remanded after the initial decision in early '09 for further development to the AMC
and AMC sent it back to BVA for a decision.....I sent in complete updated medrecs, Nexus', etc. and they had all they needed, and still let the BVA make the decision.
-
Chuck
The veteran already won their claim by BVA,this is a remand just to get the rating percentage. If and I say If VA low balls their claim, it can be sent back to BVA and it should not take years or eliminate their just awarded service connected disability.
Now that the veteran has won service connection, secondary conditions can be claimed with new evidence.
Pete......you say "If they low ball" - I'm curious why you say that......?
Thanks....and Thanks for everyone for the support....it's much needed right now. Emotionally, I'm a wreck.
-
Chuck
The veteran already won their claim by BVA,this is a remand just to get the rating percentage. If and I say If VA low balls their claim, it can be sent back to BVA and it should not take years or eliminate their just awarded service connected disability.
Now that the veteran has won service connection, secondary conditions can be claimed with new evidence.
P.S.
Veteran was awarded sc but receiving none it them.......ie: life, ins., etc. Undoubtably he will land in the 100% catagory......think they are delaying this since he could be potentially a large chunk of change...?????? He's been sick for years.
-
Chuck
The veteran already won their claim by BVA,this is a remand just to get the rating percentage. If and I say If VA low balls their claim, it can be sent back to BVA and it should not take years or eliminate their just awarded service connected disability.
Now that the veteran has won service connection, secondary conditions can be claimed with new evidence.
He filed the original claim 2/03. Included DM2 as it relates to exposure to AO. Fianlly rec'd sc in 4/08 by proving boots on ground. They didn't not include in the rating the hypertension and with the other condition at the BVA,
we decided best to leave it for the time being. Hearing in 11/08 with BVA, remanded to AMC...who really did nothing except deny again based upon the evidence in the file - mind you, we had sent in the evidence to the RO prior to
the hearing, it was never forwarded. Yes, we have written proof with Cert.Mail and all.
Fast forward.....VLJ reviews the case finally, sc him without a doubt, sends it the RO to complete the rating. They order an exam. We have not yet received snail mail official notification of the exam (Yes, we have the BLJ's decision granted sc)
The medrecs in my husbands file are up to date minus 3 visits. The guy is sick. He's had every test imaginable....he fits the 100% schedule for rating of his condition. He's not ever going to get better and will more likely than not be on a
transplant list in the near future. I ask, what more could they possibly need to complete a rating....????? Other than his file being too full (when I sent the updates in, they were all catagorized neatly and pages numbered and I made sure to
only include medrecs for the condition he was claiming..
I'm nervous they will low ball him and we'll be in for another battle......I'm angry because I know this kind of thing isn't only happening to my husband. It's an outrage for a Veteran to claim a valid illness/idisease etc, have to prove it happened,
fine with all of that and would expect that.....BUT< for RO not to be able to rate him on what's in the file ?????? Veteran is sick, due to in-service event. Veteran is going downhill...Veteran is expected to climb every hill to get what Veteran deserves.
Veteran dies, then what.....spouse continues the battle on behalf of their spouse, the Veteran\.
an example I was awarded my SSD for Cardiac issues only I have had 7 heart attacks a stroke a failed triple bypass 2 failed stents an ejection fraction less than 30% and am on a mediate only regime until I die there are no surgical options available so one would assume the VA would also rate this medical issue at 100% right?
Naw they did a echo and claimed my ejection fraction had improved and granted a 60% SC since I am also rated 100% PTSD they granted SMC S I also had to go to the BVA to make them grant the SC for CAD and hypertenson secondary to my PTSD yes I could file another NOD and ask the BVA Judge to make them grant the 100% but what would I "win" by doing it? nothing a veteran can only be granted 1 S award so there is no difference between the 60% and the 100% in my case is it fair what they did? No but they did it anyway they were just being "petty" why because they can.......
will my heart condition change? sure for the worse it's not going to "fix" itself you can win at the BVA but the Regional Office can still make that "win" seem like a loss
according to the SSA my ejection fraction alone qualified me for the SSD award so did the 2 failed bypasses it met the grids for an award the fact that the VAMC issued me a power chair due to the fact I can't breath after walking more than about 100' seemed irrelevant to the RO also at the time my SSD award had been made I had not even been diagnosed yet with PTSD I got my SSD award in April 2003 my PTSD was diagnosed in May 2003 after 4 months of testing and interviews by the "team"
so 2 different federal agencies 2 totally different reasons for being 100% disabled so far I have been reviewed once by SSD at the 7 yr mark and the VA has left me alone since the BVA award I think I am just going to leave it that way if I have a heart problem and die from it my wife is going to get the DIC benefit and that was the only reason I kept pursuing the CAD and hypertension SC I don't think the PTSD will kill me but who knows I am almost to the 10 yr mark so it shouldn't matter after that what causes my death my wife should then be able to get the DIC we have figured out between that and the SS benefits she should be okay financially after I pass and that was the goal
but I ain't going to lie I enjoy spending that extra 300 a month as long as I am breathing too
I have a goal now I hope to live 20 years as being disabled I have like I said I am almost a decade into it I turned 55 today with some good medical care and the good lord willing I may make it I quit drinking a long time ago and I have a great wife that does everything she can to keep me out of stressful situations and the only thing she lets me carry in the house after going grocery shopping is the bread she's a keeper I think it's a fair goal they broke me they bought me
Thanks for the input and thoughts, see above response....it's meant for all to read.
-
The RO can possibly accomplish two goals with a C&P. Most important, DELAY when the evidence is irrefutable. Next, C&Ps are known as an attempt to minimize or give a countering opinion to favorable medical records.
The RO will automatically take the "unbiased" (Hah!) C&P results as definitive, even when the C&P examiner (Nurse, PA,etc) and possibly the "reviewing" doctor is/are not medically qualified in the appropriate specialty.
Frequently, the unfavorable C&P results will be used, and force a veteran into the appeals process.
This adds years of additional delay, and if the veteran makes any procedural mistakes, quite possibly eliminate compensation completely.
We have been through the appeals process already...The BVA granted his claim and sc the condition.
Now what.
-
Congrats on the BVA win!
Was there any remanded issues, or only the one for sc?
Also, did the BVA grant a percentage? If not, then you will probably have to undergo a C&P exam to determine the severity of the disability (in order to assign a percentage). Either way, you are now SC'd which is the "hard" part of the claim.
Again, a big congratulations coming your way!
Gardener
You were spot on with this posts Gardner. Just found out RO is going to "need" a C&P exam to determine the percentage of disability. Crazy thing is, his medrecs show every bit of what he is disabled and the degree of disability.
The RO is missing 3 doctor visits chart ntoes from this year out of 7 1/2 years worth of medrecs. Anyone have a thought as to why they want an exam...? Could it be that now that he is sc for this condition, there could be secondaries he is
entitled to ? It's really hard to wrap our brain around this one....after such a long, long battle......what's another couple months ? Definetly want to be sure he gets a proper rating but, still it's so disappointing and heartwrenching after all this
time....you prove without a shadow of a doubt that you were injured and incurred a disease/illness/injury due to service to our wonderful country and SLAM...sorry sir, you need an exam to determine a proper rating. I get it, it's just difficult
and his illness is chronic so perhaps alot of the frustration is pent up fear of the unknown.
Thoughts are welcome. If it were me, I'd say...."Be patient and good things will come".....but, when it's happening to you, it's hard. Really, really hard....
-
Received an IRIS this morning on a few things, one of them IHD and that it will fall under Nehmer on my husband's claim. And, received the "file date"
of 5/25/10 just like everyone else.. I think it's just an input date, anyone who has IHD related to AO could not possible have an ED of 5/24/10.
Thanks for the update.
-
QUOTE FROM BRONCOVET
Many, many Vets appeal the effective date, and you should, too, if you think its warranted, that is, if the evidence supports it.
I think QTC docs are often in cahoots with the VA on this. For example, you go for a C and P exam and the doc opines that you have x condition, "at least as likely as not due to military service". He dates the exam and thats the end of it.
If/when you finally get rated, they often use the C and P exam date..not the date you applied. This is bogus. This suggests you were well when you walked into the C and P examiners office, then got sick and disabled while in his office. This does not happen. You have likely had a chronic problem with this since the military, and the "onset" of this disease/disability is not the C and P exam date..it is often much much earlier. The examiner should opine something like, "The Veteran suffers from PTSD most likely due to military service in 1973, and has had repeated treatments for PTSD between 1973, and the present. Based on my professional opinion, and the patient medical history, this Veteran has been suffering from PTSD since 1973".
They dont do that. They say you have PTSD, but do not put any date on it, so the VA assumes its the date of the C and P exam, even tho you may have suffered with it for years or even decades.
END QUOTE
From VetsLady
Totally agree with this Bronco 100% - case in point, my husband received sc for AO related illness in 4/08 - he filed for it 5 years prior. QTC did an exam early in '08 and that examiner stated blah, blah this and that and they gave him a % for his sc that is way off base.
The medical records in his file prove the QTC wrong on the effective date of the %.....as if he were such and such % when he walked into the office for the exam, and when he walked out, he was a little worse. The proof is in the pudding on his claim to get an
EED with a higher % - just waiting for a rating to come back on an appeal decision to poke the fires again. One thing at a time.
-
Wishing you good things and comfort now that the battle is almost over.
-
Fantastic !
-
In layman's terms or VA "speakage" - what does "promulgate an award' mean.....????
-
With happy tears in my eyes and my heart skipping a beat I'm sending you a BIG WOO-HOO and Way To Go !!!!!
It's so tough waiting it out, fighting the battle to right the wrongs.....you did it !!!!
Congratulations on your well deserved win.
-
Here is something interesting I recently discovered.....anyone ever hear of this ???
My husband is sc for DM2 related to AO exposure.
He had an appeal at BVA for a separate issue that was recently granted....yippeee (not an ao related disease)
In a phone call I made, we were advised that the VA opened a claim for him for IHD.....he does have HBP as related to DM2
and a right bundle branch blockage. The HBP was never rated...and, when his DM2 was granted, his claim was already
perfected for the balance and in line for a BVA hearing....in clarification, we only had to prove he was in fact on dirt in RVN....
and we did so the RO had to presume he was exposed to AO.
I'm curious.....and, we haven't yet received his rating on the appeal, but I'm curious about the AO and the IHD claim the VA said
was opened on his behalf....I think I'm going to need to make a few phone calls on this one.
If anyone has any insight on this issue, let me know....otherwise I will post as soon as I get more info.
His original claim had HBP listed, but it was never rated with the DM2 and with the balance of the claim at the BVA, we opted to
wait for their decision on that portion before going back in on the AO issues.
Thank you.....
VetsLady
-
Good deal on your award....well deserved too.
-
It's a well deserved and much awaited decision I'm sure....
Congratulations to you - what a relief it is.
-
Thanks Gardner....
I know the schedule like the back of my hand, he fits into 100% for certain with all the medrecs and opinions backing it up.....so we'll see where he ends up.
Will post it when we find out. Still dazed the decision finally came. Felt pretty strong about his claim all along ... but until it comes down to the final, you never know.
Very happy we got it and hopeful we won't have a long wait for a rating and hopeful the rater will be fair.
Make sure to let us know how the rating portion goes. Read up on the rating criteria for the different percentages (ie: 0, 10, 30, et cetera) to see where he fits in.
Good luck to your husband, and again, tell him congrats on the favorable BVA decision (I hear that only about 20% of BVA decisions come back favorable: the rest are either denied or remanded).
Gardener
-
Thanks for the additional info.
He is currently 70%
VetsLady,
Yes, if the BVA did not specify a percentage (but only granted service connection: which was the issue before the BVA I presume) then the VARO is left to assign the percentage. Although you signed a waiver the BVA was only deciding if to service connect it or not. Once the BVA connects the disability then it is sent back to your VARO to assign the percentage.
Good luck and keep us informed.
What is your husband's current rating (before the new service connection of course since you do not know the percentage that will be assigned)?
Gardener
Rating Exam - Qtc Or Vamc ?
in Veterans Compensation & Pension Exams
Posted · Edited by VetsLady
Thanks for the quick response Pete. The stress is really starting to get to me.
I was surprised they wanted a Rating exam done......which I'm told is much different than a C&P exam.
And, if it's done at the local VAMC, is it done by a doctor on staff there or what..., that's a question I will be asking
when they call to schedule this exam.
C&P is to decide if there is a disability and if evidence, etc is there to sc....
And Rating is to decide how sick the Veteran is ? I don't want to sound negative, and if I do, I don't mean to.....but,
I see this as another stall...it sure feels like it. And, no one tells you anything......that's why I'm glad to have Hadit folks
to ask, many have already been through this process.
What more could they possibly need to know, how sick he is and no way is he going to get any better, it's only going to get worse.
Maybe and thinking on a positive note, they need to do an exam since his condition has worsened since they last saw
him (QTC exam 2 yrs ago) and there are many more complications of his illness that is now sc and they need to add these
complications...? Could it be ?
I'm really trying to stay positive, but it's really hard. This is the most emotional process I've ever been through.