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VetsLady
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Found it! It was here on Hadit...posted by Carlie...Thanks Carlie! Ok, now my brain links are plugged back in. Whew. I knew I'd seen this. I know each State also has additional benefits for Veterans with sc illness/disease. This was exactly what I was looking for. Thanks again to Hadit.
Vetslady
Borrowed from elsewhere and may not be up to date.
ADDITIONAL BENEFITS AVAILABLE FOR SERVICE CONNECTED DISABLED VETERANS
EVALUATION BENEFITS
0% To 20%
•Certification of Eligibility for home loan guaranty.
•Home loan guaranty fee exemption.
VA Priority medical treatment card.
•Vocational Rehabilitation and Counseling under title
38 USC Chapter 31 (must be at least 10%)
•Service Disabled Veterans insurance (Maximum of $10,000 coverage) must file within 2 years from date of new
service connection.
10 point Civil Service Preference (10 points added to Civil Service test score).
Clothing allowances for veterans who use or wear a prosthetic or orthopedic appliance (artificial limb, braces, or wheelchair) or use prescribed medications for skin condition, which tend to wear, tear or soil clothing.
•Temporary total evaluation (100%) based on hospitalization for a service connected disability in excess of
21 days; or surgical treatment for a service connected disability necessitating at least 1 month of convalescence or immobilization by cast, without surgery of more major joints.
30% In addition to the above:
•Additional allowances for dependent(s) [spouse, child(ren), step child(ren), helpless child(ren), full-time students between the ages 18 to 23, and parent(s)]
•Additional allowances for a spouse who is a patient in a nursing home or helpless or blind or so nearly helpless or blind as to require the aid and attendance of another person.
40% In addition to the above:
•Automobile grant and/or special adaptive equipment for an automobile provided there is loss or permanent loss of use of one or both feet, loss or permanent loss of one or both hands or permanent impaired vision of both eyes with central visual acuity of 20/200 or less in better eye.
•Special adaptive equipment may also be applied for if there is ankylosis of one or both knees or one or both hips.
50% In addition to the above:
•VA Medical outpatient treatment for any condition except dental.
•Preventive health care services.
•Hospital care and medical services in non-VA facilities under an authorized fee basis agreement.
60% In addition to the above:
•Increased compensation (100%) based on individual Unemployability (applies to veterans who are unable to obtain or maintain substantially gainful employment due to service connected disability)
100% In addition to the above:
•Dental treatment.
•Department of Defense Commissary privileges.
•Veteran’s employment preference for spouse.
•Waiver of National Service Life Insurance premiums.
•National Service Life insurance total disability income provisions.
•Specially adapted housing for veterans who have loss or permanent loss of use of both lower extremities or the loss or blindness in both eyes having light perception only plus loss or permanent loss of one lower extremity or the loss or permanent loss of use of one lower extremity with loss or permanent loss of use of one upper extremity or the loss or permanent loss of use of one extremity together with an organic disease which affects the function of balance and propulsion as to preclude locomotion without the aid of braces, crutches, canes or wheelchair.
•Special home adaptation Grant (for veterans who don’t qualify for Specially Adapted Housing) may be applied for if the veteran is permanently and totally disabled due to blindness in both eyes with visual acuity or 5/200 or less or loss of or permanent loss of use of both hands.
100% (Permanent and Total) in addition to the above:
•Civilian Health and Medical Program for dependents and survivors (ChampVA)
•Survivors and dependents education assistance
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Truth Wins --- sometimes you just have to walk thru fire to get there !
When you have the CREDIBLE & PROBATIVE EVIDENCE - NEVER give up !
I am not an attorney or VSO, any advice I provide is strictly my humble opinion
therefore not to be held out for liable.
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Thank you Bergie....yes, I have seen this before, thank you for the reminder.
My plate is so full if I put one more thing on it, it will surely drop and everything will break.
What I'm searching for is it seems somewhere, either here on Hadit or on the VA site I saw a table
that showed if a Veteran is a 30% they are entitled to.....if 50%........and if 70% they are entitled to and so on.
ie: RX, commisary, etc.
Maybe it will come to me or, better yet, I'll find the "note to self" about this....in the meantime, I need to find
out where this information can be obtained. If I find it, I'll post the link.....
SOS! until then....
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I'm looking for the link (I know I've seen one, but can't find it) that lists all of the State and Federal benefits a sc Veteran is entitled to
by the percentage they are sc with....ie: 0 cost for meds at 50% sc, etc.
Can someone point me in the right direction to find it?
This is probably a question that is asked often, please accept my apology in advance for not being able to find it.
Thank you very much,
VetsLady
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There is some five year rule about SC in the 38 CFR regs
but I can't find it now, but I don't think it specifically
offers protection. I believe it is worded something like,
if it's been SC'd for five years then it is static in nature
(very little room for improvement).
Maybe someone will look it up and post it.
carlie
Here's the 38 CFR Regs too that go along with jbassers M21-1MR.
http://ecfr.gpoaccess.gov/cgi/t/text/text-...271&idno=38
§ 3.951 Preservation of disability ratings.
(a) A readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved.
(Authority: 38 U.S.C. 1155)
(:) A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.
(Authority: 38 U.S.C. 110)
[34 FR 11970, July 16, 1969, as amended at 57 FR 10426, Mar. 26, 1992]
http://ecfr.gpoaccess.gov/cgi/t/text/text-...272&idno=38
§ 3.952 Protected ratings.
Ratings under the Schedule of Disability Ratings, 1925, which were the basis of compensation on April 1, 1946, are subject to modification only when a change in physical or mental condition would have required a reduction under the 1925 schedule, or an increased evaluation has been assigned under the Schedule for Rating Disabilities, 1945 (looseleaf edition), after which time all evaluations will be under the 1945 schedule (loose-leaf edition) only. Such increased evaluations must be of an other than temporary nature (due to hospitalization, surgery, etc.). When a temporary evaluation is involved, the 1925 schedule evaluation will be restored after the period of increase has elapsed unless the permanent residuals would have required reduction under that schedule, or unless an increased evalation would be assignable under a 1945 schedule (looseleaf edition) rating. In any instance where the changed condition represents an increased degree of disability under either rating schedule but the evaluation provided by the 1945 schedule (looseleaf edition) is less than the evaluation in effect under the 1925 schedule on April 1, 1946, the 1925 schedule evaluation and award are protected.
[26 FR 12766, Dec. 30, 1961]
http://ecfr.gpoaccess.gov/cgi/t/text/text-...276&idno=38
§ 3.957 Service connection.
Service connection for any disability or death granted or continued under title 38 U.S.C., which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The 10-year period will be computed from the effective date of the Department of Veterans Affairs finding of service connection to the effective date of the rating decision severing service connection, after compliance with §3.105(d). The protection afforded in this section extends to claims for dependency and indemnity compensation or death compensation.
(Authority: 38 U.S.C. 1159)
[33 FR 15286, Oct. 15, 1968]
Does this mean that the spouse of a Veteran, when the Veteran passes and they have been sc for at least 10 years and they pass due to the sc, the spouse will receive what entitlement was for the Veteran at the time of death or, just DIC? Thanks.....
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I am sorry to ask this questio but what are the regulations concernning the 5, 10 and 20 year rule.
Not sure what the 5-10-20 year rule is, but I'll be watching this thread to find out.
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Is this the same life insurance offered when you become sc? My husband was denied because part of his disability was due to a non sc illness.
That illness sc is pending at BVA.
When the decision comes in, we can reapply I would presume. They say you have to be health "not including your sc disabilities" which is the only
reasons he isn't healthy.
Curious.
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If a veteran, tdiu, currently has Service Disabled Veterans Insurance (SDVI) RH 20 year endowment plan will the VA waiver the premiums and the vet get the check when the insurance premiums end?
CG
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Fire Courage....
Yes, you did mention having dealt with this since '95.
Thanks for the link, I'm going to take a look at it, my husband is sc for DM2 due to AO exposure and does have fatty liver, plus.
Keep us posted on what you find out.....ok?
Thank you.
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If it sounds too good to be true, it usually is.
I would NEVER give any information out to some random person.......that's just me tho.
It might be worth a call to IRS on Monday.
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Fire Courage....
The "itis" means inflammation.....the "stea" is pertaining to fat deposits in the liver.
If you are diabetic, it can cause fatty liver which could elevate your enzymes....Hepatitis will also, certainly they did check for Hepatitis.
You would have to have a "diagnosis" for sc.....fatty liver can be residuals from a few different things.
If you do a google search for gastro disease or fatty liver, it should bring up some articles for you to review.
As yellownumber mentions, you should look into it....maybe it is thyroid related. Best bet, do a little research and see you doctor.
Good luck to you.
Did a quick google serach......for "Fatty Liver and elevated liver enzymes" - came up with this.....
Nonalcoholic steatohepatitis or NASH is a common, often “silent” liver disease. It resembles alcoholic liver disease, but occurs in people who drink little or no alcohol. The major feature in NASH is fat in the liver, along with inflammation and damage. Most people with NASH feel well and are not aware that they have a liver problem. Nevertheless, NASH can be severe and can lead to cirrhosis, in which the liver is permanently damaged and scarred and no longer able to work properly.
NASH affects 2 to 5 percent of Americans. An additional 10 to 20 percent of Americans have fat in their liver, but no inflammation or liver damage, a condition called “fatty liver.” Although having fat in the liver is not normal, by itself it probably causes little harm or permanent damage. If fat is suspected based on blood test results or scans of the liver, this problem is called nonalcoholic fatty liver disease (NAFLD). If a liver biopsy is performed in this case, it will show that some people have NASH while others have simple fatty liver.
Both NASH and NAFLD are becoming more common, possibly because of the greater number of Americans with obesity. In the past 10 years, the rate of obesity has doubled in adults and tripled in children. Obesity also contributes to diabetes and high blood cholesterol, which can further complicate the health of someone with NASH. Diabetes and high blood cholesterol are also becoming more common among Americans.
I'm not a doctor, you should check with your own physician about this.
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I'm rated at 0% for "Right knee injury with traumatic arthritis" under DX code 5010. I had an MRI on December 3rd. Today, I went to Release of info and got a copy of my MRI results. I admit I dont understand it, but it doesn't sound good to me. Does anyone understand what this MRI is saying?
Findings: There are degenerative changes in the posterior on of the medial meniscus with several tears present. The anterior horn of the medial meniscus and the lateral meniscus are unremarkable. The cartilage over the posterior tibia is eroded. No other change seen in the cartilage or bone. A small bone cyst seen in the distal medial anterior femur of no clinical significance. No evidence of significance bone edema is identified. The patellar and patellofemoral joint space are unremarkable. There is a small joint effusion.
The ACL, PCL, MCL, LCL, patellar ligament and patellar tendon are unremarkable.
Impression:
Advance degenerative changes of several pins in the posterior horn of the medial meniscus.
I have an increase in for this knee.
I'm not a doctor but, it sounds like your 'ole knee is giving way....to degenerative changes....which sounds like arthritis, the soft tissues wearing thin, et. Look up the anatomy of the knee....medical miniscus is the part of the miniscus in the center....anterior meaning the front, posterior meaning the rear. Cartilage is eroded so might be bone on bone. Good there are no tears in the ACL, PCL, MCL, LCl....anterior cruciate ligament, posterior cruciate lig., medial and the lateral. I had all 4 and major knee surgery a bit over 2 years ago due to a traumatic injury where I heard the ligaments rip. All good to go now. Arthur will probably be a visitor to my knee in the future but I don't think about it.
You must have had some kind of traumatic injury to the knee at one time? Effusion means in simple terms the disc is thinning.
If you 0% was done awile back and the knee has worsened, you can file for a re-opening I believe (chime in someone if I'm off base).
Again, I'm not a doctor, have some knowledge of medical from my own research but if you google: knee injury - it should bring up sites where you can see a diagram of what the MRI results are referring to. You'll of course need to get the skinny from your ortho and what the recommendation is.
Good Luck.
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Carlie....
Thank you for posting. So many people in the world, so many different analogies, thoughts, opinions, rules, regulations, etc. and so on.....
VA is special. I was speaking from private sector experience only. Thank you for posting the "for your record...." AMA rules, state rules, there are
so many and that is why the judicial system is in place...to apply the rules accordingly. And, hopefully correctly
BabyRay....
All said, I hope you win-win this and win it big and 1st time in. It will definetly give those behind you a boost to know that you receive what is
rightfully yours.
Good Luck to You.
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I definitely think this should award TDIU-
I wish Dr. Bash's secretary spelled more accurately- she made some typos in the 2 IMOs I got from him too.
I spent $4,000 for 2 different IMos from Dr. Bash and along wth a freeby from a former VA doc- they certainly helped get my award.
He accessed all the evidence and did a great job.I knew before I sent him the cash that he would concur with my evidence.
It is a lot to spend if you cannpot foresee the outcome of an IMO.Some do not help award the claim at all because the medical evidence is lacking for a favorable opinion.
I too noticed the typos....maybe he types them up himself. I know before I came along, my husband did his own and that was back before computers and spell check!
Good Luck Baby Ray!!!! Go get 'em!!!!!
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Baby Ray
Have you applied for SSD? If you get SSD that helps with TDIU.
This is correct. One piece of advice.....your SSD will help you only if it's the same reason you are sc.
My husband had 3 issues when he applied for SSD....he was approved on the 1st time in because I had assembled all of the evidence and submitted it completed.
His original VA claim was filed in 2/03. He filed for SSD in Jan. 06. His VA claim was on appeal and 1 part of it was finally sc in 4/08. 1 issue is still on appeal.
Any of the 3 issues he filed SSD for would have disabled him 100% but because SSA chose the medical condition that had nothing to do with his military service,
the TDIU claim we filed late last year was denied. I'm sure you are aware that with SSA you are 100% or 0% so to them it didn't really matter. My husband's
occupation was a physical one and one where he had to have complete mental faculties about him as he made critical decisions that could affect other people's lives.
SSA diabled him 100% without a question but when we filed for the TDIU, because SSA disabled him for what were at that time non-service connected issues, the TDIU claim was denied. Sure, we could have probably fought it out and filed a NOD. But, he still has 1 issue on active appeal in DC and just filing the TDIU claim slowed the
appeal process to "stop". If he ends up with a win-win in DC, the TDIU claim would be supported and a moot issue at the same time. We'll see what happens next with the appeal and proceed from there.
I wish you all the luck in the world...I hope you win this 1st time in. And if you haven't heard this by now, send your evidence via a certified mail/return receipt requested, FedEx or UPS, make sure they have to sign for it, and keep a copy for yourself.
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This is an IME for a claim for TDIU. A VA doc going to do the same as my private doc, look at my c-file and give his/her opinion. What's the difference. My private doc is an expert at this. The VA doc is not. I think my doc will be given more probative weight by the rater than the VA doc. Anyone else can give us their opinion? Thx
babyray
I need to comment on this......
IME - Independent Medical EXAM
IMO - Independent Medical OPINION
These are two very different things. The IME examining doctor (the MD in the same room with you who does the exam) can form an IMO independent based on his examination of you. He/she can also form an ".....in my opinion" - often they will read "In my opinion, based upon the patient history, the physical examination performed by myself, past medical records, radiological reports, lab results, etc., it is my opinion the Veteran......." I have typed so many of these reports I could do them verbatim.
Often times an automobile insurance company will send a file to an IMO doctor to review, they call this a "paper review" = IMO (and only an In my Opinion)
An IME with an IMO from the IME doctor will hold alot more water than any doctor, no matter how high the credentials are.
I agree with Bronco.....take it to your personal doctor, ask him to exam you and form his opinion based on the medical record, the examination and he can certainly
concur with Dr. Bash's findings. If you have a history with your personal physician, he/she knows you and sees you in their office. This holds alot more credence than a doctor who has never laid eyes on you.
VA will more than likely send you to one of their doctors who will see you "in person". The VA IME doctor can't concur with any other findings from another doctor....
that is why it's called an Independent Medical Examination. Play their game, get your own IME from your personal doctor and have he/she add their IMO to a report they write on your behalf.
Your personal doctor's opinion will bear more weight in your claim than a doctor who only does a paper review (IMO).
I'd rather see you send your evidence in correctly the 1st time with all the weight it bears because the VA will send you for an IME,
no doubt about it.
I can understand completely your thoughts, but I would suggest you send in your evidence correctly the 1st time anticipating the VA will send you for an IME.
Your personal doctor will definetly have more weight bearing on your claim than a doctor who has not even seen you. You should consider your doctors specialty also.
If you have a claim for an orthopaedic issue (and this is a very extreme example) and your doctor treats digestive diseases, he won't do an IME anyway. He can't form an opinion that will hold any water at all if it's beyond or not in his scope of practice.
I'd rather see you win your TDIU claim first time in, no VA IME, on your claims merits and with your own doctor's IME & IMO with the added bonus of having a 2nd IMO from Dr. Bash.
It's just advice and you make the decision on how you want to handle it. If you have any other questions or need any further advice, please ask. We're all here to help you succeed.
Bronco is correct. IMO.
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Husband is AO sc for DM2 and PN.
HBP, high lipids, high tri's, all controlled by meds.
EKG done this past summer, showed incomplete right bundle branch blockage, no change from prior EKG in 9/04.
I'm thinking, that on his original claim, my husband listed HBP (Hypertension) but, he was not rated with it as a secondary to the DM2.
I wonder if he should re-open that DM2 claim and file for the HBP?
Ironically, he came downstairs as I was reading this thread and told me he's been feeling dizzy with a fluttering feeling where his heart is and
attributed it to anxiety. That's because I have anxiety and he knows I feel these same symptoms (heart disease ruled out on me) so I think in
his mind he thought it must be anxiety.
Needless to say, I made an appt with his Primary on Monday.
His DM2 claim was an appeal we won, but they never addressed the HBP, only the PN.
Just found this on the web:
Autonomic Neuropathy (also called visceral neuropathy)
Autonomic neuropathy is another form of diffuse neuropathy. It affects the nerves that serve the heart and internal organs and produces changes in many processes and systems.
My husband has a confirmed dx of this from his DM2 doctor. Don't you think it should have been rated as a 2ndary to the DM2? He claimed it in 03, why didn't they rate it or even mention this or the HBP?
Ok, not messing around with this.....made an appt with his Primary for Monday. If need be, I know how to dial 911.
Any other ideas - very welcome.
Hmmmmm.
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Heart disease is now a AO presumptive condition.
You should remind the RO of that and do it quiclky.
J
Bundle Branch....? My husband has had 2 EKG studies done and both show incomplete left bundle branch block....he's DM2, HBP, etc....perhaps we need to get his DM2 claim re-opened. He is DM2 AO sc...
Lzjump....thanks for lighting the bulb above my head on this.
I'll check into this with his doctors this week.
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My cholesterol levels are always high, (upper 200 to 300 range) and my triglycerides were over 900 when I had my liver and lipid profiles done the first time by my family doc. The tests were done from blood work up.
Jeff
I'd want to know what those liver enzymes test test results were all about.....high lipids and triglicerides can elevate liver enzymes and high numbers in the cholesterol and tricligercide arena are not good for the liver at all....fatty liver.
As Berta mentions, it's not the DM2 that's the killer, it's the complications and more importantly, not doing anything about them. I'd get on that one like now. Creatinine measures your kidney function so were I you, I'd want that Hemoglobin A1C test done, and even then....it only gives the doctor an "average" blood sugar for the previous 3 months....it's the highs and lows, the peaks in sugar and the drops in blood sugar that do the damage. Keeping your blood sugar within guidelines as much as possible to avoid those peaks and valleys are best - and, if you do so, your A1C will always be within the norm.
My husband was dx diabetic in 1992, sugar over 400, classic symptoms of excessive thirst, nighttime leg cramps, lost his crystal clear eye sight for 4 months....and it wasn't until then he finally went to the doctor (doctors are the worst patients). As soon as the sugar levels dropped, his eyesight came back, leg cramps ended and he did eventually need insulin. Diet and exercise was not enough. AO destroyed his pancreas and so be it. Without insulin, he wouldn't be here today. We used to treat the diabetes as a daily battle......now, 17 years later, we treat it as a daily "adjustment". His endo doc is private practice and the smartest cookie in the jar with absolutely no personality. We don't need a doctor with personality, the smartest cookie (no pun intended) is more important. This guy can figure out exactly how many calories my husband is consuming by looking at his weight, his blood tests, A1C and his log book. It took my husband the former doctor to realize after 10 years he wasn't getting anything by this guy and so he now listens to his advice and follows it.
Good Luck to you....
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aceup...
SSDI is 100% disabled or 0% disabled.
If your sc disabilities are a chunk of the pie for your SSDI claim and you meet all the
TDIU rules, I'd go for it. If you don't try you'll have a 100% chance of not getting it.
If you do, your chances are at least 50/50.
Those nsc issues are a snag in the line.
As an example, my husband filed a claim with VA in '02, received sc in '08 at 70%
Filed for SSDI because he could no longer perform and never would be able to again the
job he is trained to do and, due to nsc disabilities (currently on appeal, not yet sc),
he filed for SSDI. They saw him at 100% disabled 1st go around. When the decision
came back from VA on the TDIU, they denied. Why? Because part of the reason he is
no longer able to work is because of the issue on appeal but....it it's not sc yet.
If he does end up getting it sc, then we could refile...but, my hunch is that if he were sc
for it it, it would pull him over the 100% mark anyway and TDIU would be a moot subject
as he medically is permanently and totally disabled.
Definetly get those quacking ducks in a row and if you meet the criteria, file.
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Good work - Congratulations on receiving what you deserve!
May this great news bring some stability to you and your family as you continue to fight
your battles with health.
God Bless You.
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Berta.....
I completely understand. This part of my husband's claim has been in the system for a long time, Feb. 2010 will mark the beginning of year 7. After reading your post, I don't see any reason to not send a copy of the whole enchilada to BVA and AMC. You have answered my question. Thank you. Perhaps if AMC knows BVA has what they have, they may take a much closer look at the evidence the RO didn't even send. Better safe than sorry. AMC has their copy and BVA will get one also
Widow1....
I hear you. It's expensive when you are on a fixed income (as we are) to send to 2-3 different places. This last batch was almost $50.00 That is alot of
groceries for us. I hope that in the end it will be worth it. I feel it is or I wouldn't spend the money to send special delivery.
Re MF: Now you both have me LMAO because I too was not thinking that when reading the post....Mysterious Force - I won't forget that one.
Curious what the RICO act is?
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It IS intentional or they are all simply incompetent.
Yeah the EYE Street, "I" street thing bothered me too so I sent my stuff to "I" street and EYE street BUT most importantly I sent it the same day to the BVA too.
Eye sent our New and Material Evidence to the Eye Street Address, via FedEx, delivery confirmation with a signature of who received it.
Eye think it's a good Eyedea to send it to the Eye Street address as "I" could be misconstrued to be ONE and not Eye.
*****I too think it's ridiculous to have to use Eye instead of I - when I sent out statements from our office to a "lettered" street name....there are several
in the town we live in) it seemed so odd that the readers at the Post Office could read "R Street" and "B Street" but not "I Street. Often, mail I
sent to the "I" Street address would be returned. I just started using Eye and all of a sudden they were receiving their statements! I always thought
also, if it's an I Street address, wouldn't the zip code tip the Postal reader that it was Eye Street?
******
Berta, if you sent your stuff to AMC and BVA, wouldn't it slow down the process as there is only 1 claim folder and both AMC and BVA would be looking for the file
so they could put your evidence in there? When I recently sent AMC all of the evidence that our RO didn't, I considered doing this also. After talking with our
Congressman's Office, who have been in direct contact with AMC (it took almost 2 weeks for AMC to return their call) our C's office advised I should send it to AMC
as they have the actual file, will be doing the work and sending it back to BVA if needed. If I'd known in Jan. that the RO didn't forward the evidence to the BVA I certainly would have done so myself.
I'm all for creating a paper trail, used it several times in our own office, but....to cross check and double cross check to make sure something was done correctly,
as in a bank deposit, records, etc.
I was just wondering.....perhaps I should at least send BVA a copy of the cover letter listing all of the evidence I sent to AMC?
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Was this a recent denial? You could ask for a DRO - a Decision Review Officer to take another look at it.
There is a time limit when this has to be requested after receipt of the denial, it's been awile for us so perhaps someone else can jump in and answer. I know it's not less than 30 days for sure.
A Nurse Practioner? Hmmmmm......VA would not accept my husband's medrecs from a Psychiatric Nurse practioner he sees, wonder why they sent you to one for on a C&P exam?
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I have a question for you. When my husband was hospitalized in '76 and a claim was filed, why wasn't a C&P given before denial in rating decision '77? Who arranges that and how?
I'm no expert but, perhaps the reason was the condition why he was hospitalized didn't have anything to do with his military service?
Did they deny the entire claim or, a portion? You didn't mention if the denied claim was appealed and eventually sc.
In 1976 and 1977, I have no idea what the protocol was for a C&P examination. I graduated HS in '76 and was going to college and working PT then.
I hadn't met my husband yet....he came into my life in 1990.
In today's world, at least here on the West Coast, a company named QTC who is owned by doctors, and I hear VA higher ups and who knows who else,
they contract doctor's in all medical and psychological fields to perform C&P exams.
I'm sure someone will come along and provide an answer to your question. I'm going to follow this thread as I'm interested in the answer.
VetsLady
Could A "hardship And Waiver" Help With A Bva Claim
in VA Disability Claims Research
Posted · Edited by VetsLady
Hey Brian,
I'm sorry you didn't get a response to your original post.
As per a Hardship, you have to prove either medical or financial hardship/or in some cases a medical hardship will create a financial hardship and vice verse. You can do this yourself, calling the AmLg in DC isn't going to suffice. You are going to want in writing anyway. There are no guarantees to get your claim moved up the docket, but, if you are pending eviction, terminal illness and there are a couple other things, I can't bring to mind this moment, those terms would suffice.
If I were you, I'd write a letter outlining your hardship and request the hardship be attached to your file. Papertrail. There are so many Veterans right now that are experiencing hardship of some kind, I'm surprised your VSO (actually I'm not) handed the ball off to you to throw. A hardship letter could advance your claim but, as mentioned, you should get it all down in letter format and be certain to send it Certifiled Mail or FedEx, whichever is more reasonable.
As for a waiver, are you asking about a waiver to review additional information at the RO level? Is your claim already at the BVA? They are so backed up and not bursting your bubble because I'm a firm believer in staying focused with a positive attitude, this process may not happen overnight, or even in weeks and/or months, unless there is a big reason your claim should move ahead. So get it right, be honest about the facts and it will get into your file.
Without knowing when you filed your original claim or, anything at all about it...this is the best info I can offer you. We have 7+ year claim with a docketed dated at BVA of 2005, remanded and now the file is back at BVA to decide. We filed a hardship and signed a waiver for further review at the RO level. The hearing was 1 1/2 years ago and I'm on this file like stink on you know what.....so if that tells you how far behind they are.....it's horrible, I understand.
I do know that once the remand is done, if there is one, then the file is placed back in line using the original docket date...with hardship attached, we might get an answer in the next 3-6 months. I hope sooner, but reality is what it is.
God Luck to You....
Someone may come along and post another answer or another idea.....I'm interested as well.
P.S - The other sitation to have a claim advanced is "advancement of the Veterans age" - and, if you get a remand - it's possible the AMC would decide the claim with a yey or ney and if it's a ney, your file goes back to the BVA and is placed back in line with the original docket date. This is what I have heard, I have not seen this with my own eyes. A yey could just as easily go to the BVA for a send back to the RO....it's called VA Stall Tactics 101.
Stay positive.