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12R3G
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Posts posted by 12R3G
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Poppy
Who did your C&P--VAMC or QTC? If a VA provider, then you can go to the "release of information" office (ROI) and request your medical records, including the C&P exam.
If QTC, then you'll just have to wait for the rating decision to see how the VA rates you. You can request a copy of your Claim (C-file) File, but I'd wait until the rating decisioin is released.
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Rob
Time had good advice...
Ignore TDIU if you want to work.
You can be 100% PTSD and work...there is nothing in either USC or 38 CFR that prevents your working with a 100% schedular rating.
Having said that, if you read thru hadit, their is a prevailing consensus that IF you are SC for PTSD (for example), AND you are working at the time you are rated, THEN there is a good chance that the RO will rate you below 100, perhaps 70%.
Even if perm & total 100%, you are subject to re-exam, which can lead to decrease or increase in rating.
If you are rated less than 100% for PTSD (applies to any condition for that matter, regardless of rating) and you believe you meet the 38CFR criteria for 100% then appeal.
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Rob
By all means, stick it out until you can retire for YOS. Chap 61 (medical) retirees still have their retired pay offset by VA compensation. If you are a YOS retiree and have a >50% rating, then your VA compensation offset is phased out over a period of years, ending in 2014 I believe.
Whether or not you work, is a personal decision. Generally, if you are working you won't get 100% for certain disabilities but that doesn't mean you can't wind up with a combined 100% rating using the ratings schedule with multiple disabilities.
100% schedular, you can still work--your 100% rating being awarded based on your disabilities.
TDIU pays at 100%, but is based on being both unemployed and unemployable. TDIU recipients have a disability rating less than 100%, but get paid at 100% based on their unemployability due to service connected disabilities.
that help?
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An Instrument Rating is not required in order to obtain a Commerical Pilot Certificate; however, a minimum of 10 hours instrument training (5 of which must be in the Category and Class for which the certificate is sought) is required. In other words, if your commercial certificate is in single engine land aircraft, at least 5 hours of the total 10 hour requirement must be obtained in single engine land aircraft.
A couple of decades ago, the FAA lowered the minimum hour requirement for obtaining an Instrument Rating to 125 hours (used to be 200).
As a practical matter, anyone training for a commerical certificate probably wants to fly commercially which makes the instrument rating a requirement to obtain employment as a pilot. That being the case, you don't find many pilots seeking a commercial certificate (at 250 hours) without an instrument rating (obtained at 125 hours while building time for the commercial ticket). FAR 61.123 and 61.129
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mea culpa--I misread as well.
I prefer IRIS to the 800 #...I think the IRIS team has access to more screens than the telephone team, plus with IRIS you have a paper trail (just print the response)
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an IRIS query won't affect your claim.
If QTC notified you of additional exams, the RO requested it. QTC can't unilaterally schedule exams or testing. Feel free to query the additional test via IRIS, but plan on going, as not going WILL have a detrimental effect on your claim.
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Snave
1. Call your representative's office
2. Read the bill (go to www.house.gov)
I think there is finally a consolidated house resolution and a companion senate bill.
While either might be interesting to read, one guarantee and that what ultimately passes and is sent to the President, will not be 100% of what is in either bill right now. if nothing else, the house and senate versions will have to be reconciled in a joint conference committee and returned to each chamber for a final vote.
Generally, everything I have read / heard is the VHA health enrollment would be "creditable coverage"; meaning you would not be required to either purchase a private (or public) policy, nor would you face a penalty for not purchasing private/public coverage.
I think what you are asking is "can you purchase a public plan in lieu of VHA healthcare?". Probably, be we won't know what is really possible until the house and senate vote on whatever comes out of the house/senate conference committee. Until then, everything is just somebody's idea of a good (or bad) idea.
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Stretch
Flight training was available with VietNam Era GI Bill as well. Any Part 141 approved school (training uses an FAA approved curriculum) can seek VA approval, so ATP isn't the only choice.
As the fine print says, VA won't pay for Private Pilot rating, or (strangely) initial instructor rating (CFI), but does pay all or part of pretty much everything else.
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The VA is populated by idiots...but we knew that.
Here is my IRIS trail with the VA about the new website, specifically the BVA search page. Unfortunately, you have to scroll down to read from the bottom of the quote box to the top. Their second response that I wasn't specific enough kinda set me off, so I got really specific. maybe just a little sarcastic...maybe a lot sarcastic.
Enjoy...I'll probably get my next claim denied after developing for a decade or so... :o
No, it wasn't read.Here, verbatim, is what I submitted: "on the initial BVA search page, there is no drop down box to select and filter decisions by year...it does appear on the next page (well, if you have 0 hits, haven't tried anything else)."
Now, if you need specifics.
the Webpage I am referring to is: http://www.index.va.gov/search/va/bva.html
This page, on YOUR website, allows a veteran to search the VBA decisions going back 10 or so years--I'm assuming every decision since you began putting them on the web.
Now, if you open a web browser and type in "http://www.index.va.gov/search/va/bva.html"'>http://www.index.va.gov/search/va/bva.html" in the address bar you will see the page for searching VBA decisions.
with me so far?
so, below the fancy logo title bar, it says this:
"Board of Veterans' Appeals Decisions Search
If you would like to conduct an on-line search of BVA's decisions, enter the word or group of words you are looking for in the block below. From the resulting list, you can connect directly to individual decision texts or you can return to this page to conduct additional searches. Decisions are current through August 31, 2009."
Below that text, it says "Search Board of Veteran's Appeals Decisions"
Below that subtitle is an elongated rectangular text entry box wherein a vet can input keywords and/or search terms.
The the right of this text box are the words "Select Year"
Immediately to the right of the words "Select Year" is a dropdown box containing 4 possible choices:
10
20
50
100
I'm going out on a limb here, but I don't think I have an option to search the past 10, 20, 50, or 100 years. I could be wrong.
Just to the right of the dropdown box are the words "Results per page". Hmmm....perhaps the choices in the dropdown box---the only one on the page--allow me to select the number of hits to view? 10 per page; 20 per page, 50 per page, or 100 per page. that really does make sense; certainly more sense than searching VBA decisions for the past century. Has the VBA been around that long?
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Now, if I type in something into the aforementioned keyword/search term box--say the word "test"; I move to a new page listing the top 2000 of 15481 hits, that is VBA decisions containing the word "test"
Now, the page layout has changed. To the right of the text box a dropdown box appears containing selections for years beginning with "2009 Decisions" and proceeding by year to "1992 Decisions".
To the right of the dropdown box containing years are the words "Select Year"
Next to the right is the dropdown box from before with 10/20/50/100, which is in turn followed by "Results per page"
Are you with me know?
So, again, I'm not concerned with any specific VBA decision.
I was merely reporting a design flaw/problem/defect/coding error/whatever with the website itself. This was a technical support issue--and still is since the error is still there.
when you drill down from the home page (www.va.gov) to the general benefits page (http://www.vba.va.gov/VBA/), to the WARMS home page http://www.warms.vba.va.gov/), to the important links page (http://www.warms.vba.va.gov/imporlnks.htm), to the BVA (Appeals) page (http://www4.va.gov/vbs/bva/index.htm), and finally to the BVA Decisions search page (http://www.index.va.gov/search/va/bva.html), you come to the error I have now described with nauseating detail and specificity.
or, someone could have noted that the original inquiry was coded a "technical" issue and my submission "on the initial BVA search page, there is no drop down box to select and filter decisions by year...it does appear on the next page..." should provide sufficient information to understand that I was reporting a problem with your website, not a request to act on an appeal (what in my submission gave anyone the impression that I was looking for information or action on any specific appeal?)
Now, can you route this to a webmaster who can fix the defective webpage?
Response (Dept of Veterans Affairs) 11/13/2009 11:46 AM
Please provide us with the link you are referring to so we can route your information to the correct staff this is only a routing area, you are not contacting BVA personel, and the Department of Veterans Affairs is very large. There are over 30,000 departments inside the VA.
Yes your inquiry was read, but your question is not specific enough for us to assist you.
Inquirer 11/13/2009 11:25 AM
Wow...that's facinating, has nothing whatsoever to do with my inquiry.
Va.gov provides the ability to search BVA decisions. Before the website update, I could select the link to the BVA search page and in addition to enter search terms/keywords I could filter by year (I.e., search only 2009 decisions for example).
When I tried that yesterday, there is text that says dates (or years?), but the actual dropdown box is (or was) missing, thus I could not limit my seach to a specific year.
That was my techical support / website issue. I was not asking about any specific case.
I guess it begs two questions:
1. Did anyone actually read the inquiry?
2. Do I really nead a lawyer to point out a technical defect in your "new & improved" website?
Thank-you.
Response (Dept of Veterans Affairs) 11/13/2009 09:39 AM
Once BVA issues a decision (including a remand), we no longer have the authority to act on the appeal. Contact the Appeals Management Center, your local Regional Office or your representative (if you have one to advocate on your behalf). If your residence is in a foreign country, contact the VBA Foreign Service Program.
If you are seeking legal assistance with a claim, contact your local Regional Office for a list of Veterans Service Organizations in you.
Inquirer 11/12/2009 04:32 PM
on the initial BVA search page, there is no drop down box to select and filter decisions by year...it does appear on the next page (well, if you have 0 hits, haven't tried anything else).
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desert--all the background helps.
Since your original claim was filed in April 2008, that is the earliest effective date for benefits.
Timeline: You were hospitalized in April 08 for PTSD, filed that month and received a VA rating decision in Sep 08 (50% PTSD). Roughly 3 months later, SSA granted SSDI benefits which translates into unemployeable. Then you forwarded the SSDI award letter to the VA. You filed a new claim for hearing loss [Aug 09?]. In addition to the C&P for hearing, you had a C&P for PTSD on Oct 09 which resulted in a 100% PTSD rating effective the C&P exam date.
did I miss anything?
I think the VA did respond to your submitting your SSDI award letter--just not to you. They most likely recognized the informal claim which is why you had the "reveiw" exam. That part is a guess, but it sorta makes sense.
At any rate, the VA re-evaluates your PTSD to 100%, but sets the date as the date of the review exam--typical VA.
Mailing the SSDI award establishes an informal claim, so worst case this is the date the VA should use. But, and this is a key point to discuss with your VSO, did you really go from 50% to 100% in Oct 09 despite being rated unemployable by SSA in Dec 08? I'm thinking not...
Reconsideration...NOD...pro's and cons for both--discuss each with your VSO. I would argue for a 100% rating effective the date of your original claim--Apr 08. The only other date I would accept would be Dec 08 based on the informal claim.
keep us all posted.
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Test
I think your comment on factory jobs is spot on...one of these days we will realize what we have lost. I'd go on, but it doesn't belong in this forum.
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go to www.va.gov/vaforms and enter the form number in the search box
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The drop down to select the year to filter search is missing from the initial search page, but is there on the next page (at least if you have 0 hits)...should be an easy fix..
I submitted a defect note to IRIS
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good question...diagnostic codes start at 5000 and go up from there.
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deserteagle
ahhh...to many things to remember! assuming you filed your initial claim within 1 year of discharge, then the EED for your 100% PTSD rating could be the date of your original claim (which in turn should be the day after your discharge date). I would argue that your infomal claim of Dec 2008 was well within the 1-year limit and should allow the EED to move back to Apr 2008 (original claim). that's best case; worst case is an EED based on the date you filed your informal claim (SSDI award letter).
No matter how you slice it, the Oct 2009 start date is wrong. (thanks for catching that sixth...)
Reconsideration is faster, but does not protect your appeal rights. With a reconsideration, your are asking the RO to "take another look" and reconsider the previous decision--in this case the effective date--based on the record and anything else (like a statement reminding him/her that submitting the SSDI award letter in Dec is effectively an informal claim for benefits and that any claim filed within the 1st year after discharge dates back to the day after discharge).
note: if the original rating was correct and since that rating your condition has worsened, then the claim for increase establishes the ED...in your case you are arguing that the C&P examiner understated the severity of your condition, or the RO under-rated the condition, or both.
A NOD is the first step in the appeals process. Without filing a timely appeal, VA claims are "final" after one year. You can file to reopen, but the VA is the gatekeeper and and requires "new and material evidence" (tons on this site) submitted to justifiy reopening the claim. By filing a NOD within the 1-year deadline, you have appealed the decision, meaning that if you ultimately prevail, the VA will owe retro pay back to the orginal ED (claim filing date, day after discharge, etc.). Usually, when filing a NOD, you ask for a de Novo review with a new DRO. in english, you are asking new team, led by a DRO, take a new "first look" and essetially start from scratch without regard for the current decision.
Ordinarily I would ask for a reconsideration (the faster route) since this should be a fairly simple fix. However, I'm not really sure about appeal dates in this case. You might want to go directly to a NOD and request the de novo review stating the facts and providing a timeline for the DRO. Make it as simple for him as humanly possible.
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I'd file
you need to keep tracking down those records...they should have gone to NPRC, but if you have filed for pretty much anything from the VA, they might have requested your records. An IRIS query would answer the question fairly quickly. anything outpatient should be in your medical records--STRs--the only thing not in there would be clinical inpatient (as in admitted to the hospital) notes/records.
A buddy letter adds to your medical records. Also, the VA is supposed to give additional weight to buddy letters when records are missing. Also, by filing the VA will have to start searching for records as well and they may (or may not) have better luck (by going to better source).
re-request records from NPRC. be specific as to the dates and where you were. ask for your personnel records (which, again, may be at the VA if you have filed for any type of benefit before, again, ask the VA through IRIS--better results and leaves a paper trail for your benefit). specify in your request that you need a full and complete copy of your records, NOT a partital or edited file (which NRPC will do on occasion to save time/paper--except that it doubles everyone's work when you really need a full copy, not just what they think you need).
if you decide to file, submit an informal claim--again, using IRIS--you establish an effective date and now have a year to file the formal claim with retro payable to the informal claim date.
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ditto; however if you want a real answer, use IRIS...if they don't have an answer, they will query the VARO handling your claim. plus, you have a written answer to put in your file
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Yes, I do get SSDI for PTSD effective December 2008. I sent this letter to them but have gotten no response as of yet.
Just to be clear, you notified the VA of your SSDI award for PTSD in Dec 2008? Are you certain they received the letter (return receipt or IRIS response or something)? Knowing they received it negates the "well, we never got that" argument.
Mailing the SSDI award letter establishes that you are unemployed and unemployable (otherwise you wouldn't be eligible for SSDI) and is an informal claim for benefits. Since you already were SC's for PTSD, this informal claim was for an increase in benefits, thus not subject to the 1-year rule for filing a formal claim to perfect the informal one.
Personally, I would begin with a request for reconsideration arguing that you filed an informal claim for an increase in benefits on Dec XX, 08 (or whenever your SSDI award letter was dated) buy providing the VA with the SSDI award letter. The C&P verified what the VA should already have know--you were unemployable due to your PTSD. Tell them you want the EED of Dec XX, 08 (informal claim date).
Last wrinkle--when did you separate? If you submitted your SSDI letter to the VA within one year of separation, then I would ask for the EED of the original claim date of Apr 2008.
That help? Congrats on the 100% rating; don't let them cheat you out of months of benefits they owe you by letting the Oct 2009 ED stand.
One final thought--with a 100% rating, you should as for P&T in order to get ChampVA and education benefits for your dependents.
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As jbasser pointed out, problems with cervical or lumbar vertebrae can cause neurological problems known as raduiculopathy. The changes in the verteba compress the nerves and cause problems--usually numbness, tingling, etc.
Neuropathy and radiculopathy are two completely different issues. You'd need a medical opinion, I think.
that said, if you have a worsening of the neuropathy, file for that. I'm not sure if you can be rated for both or if that is pyramiding...
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LILS
is the Benefits Delivery at Discharge program available to you (some installations participate, some don't)? If so, DEFINATELY use it. You can submit your claim and copies of your STRs; the VA will schedule your exams while still inservice. You have to be between 60 months and 60 days from separation to use BDD.
I also was diagnosed with OSA and began using a CPAP will still on active duty. My STRs showed contained the results of the sleep study and titration study and showed that I was using the CPAP. 50%, no problem. The only question they asked was "have you had a sleep study".
You will probably be schedule for a future exam (the rating decision will note this), but if you still have OSA and need a CPAP, it's not a big deal.
Even if they require an initial sleep study, C&P, it's just another night in the sleep center. who knows, maybe your pressure will change.
good luck.
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yeah...mild TBI, PTSD
was it reported to the police / MP's? You should be able to get a copy of the police report. Any witnesses you still correspond with?
have you filed a claim with the VA in the past?
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By clinics, you mean outpatient clinics? Inpatient records eventually end up at NARA. Outpatient records are in your STRs (service treatment records)
Depending on when you separated, your records either went to NARA or directly to the VA. you can look on NARA's site for the exact dates, but I think all US Army STRs post-1992 (pretty sure they started in '92) went to the VA--specifically, the VA serving the address you gave on your DD214.
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Bronco / Berta
thanks...yes, I definately need the c-file which I've asked him to request. right now, all I have is the current decision which refers to the orginal claim. Right now, he's happy to get $230 month and new hearing aids. Once that wears off, I think I can get him back to work on this claim.
I like that--loopholes to the loopholes. That pretty much describes working with the VA.
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Be careful what you wish for...(ancient Chinese proverb)
Earlier this year, legislation was pass/signed tying VA compensation and pension payments to the same formula--CPI-W--that social security recipients and military retirees use. the good news is we don't have wait for Congress to pass a bill specifically raising pay rates each year. the bad news is that the CPI-W had negative inflation from Oct 08 to Sep 09 (the measurment period), so for the first time in the 34 years this formula has been used, there is no COLA. since VA compensation is now tied to the CPI-W, we don't get a COLA either. The slightly bright note is that the law does not allow for a reduction in pay due to deflation--it stops at zero.
The proposal making the rounds in DC are to give every affected recipient--including veteran's receiving compensation--a one-time $250 check in lieu of COLA.
Since we started this year effectively 2 points in the hole, don't expect a COLA next year either.
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Mags
As for a copy of the diagnostic code sheet; your VSO has one, or you can call or IRIS the VA for a copy.
The code sheet will list, in order of severity, all your diagnostic codes and condition that are service connected (and the ones that aren't), and wheter the condition is considered wartime or peacetime. It will also show the bilateral factor used.