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carlie
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Posts posted by carlie
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First I would like to say sorry, because I know this has probably been answered many times. But I recently had my Sleep Apnea claim denied becuase they said my sleep apnea was not service connected. Well here is where I am confused about the whole situation. In my medical records I have a diagnosis of OSA sleep apnea dated May 13, 2014 and I was issued a CPAP July 1, 2014. I seperated from the Air Force Sep 2015, due to VSP. So how come my Sleep Apnea claim not service connected? I started to have symptoms after a deployment. I really think it was an error, so should I file a NOD? Or do I need aditional evidence? I thought I gave them the dagger that they needed to apporve my claim. Diagnosis is in my medical records, had the diagnosis from the sleep study, so what else is needed. And to put the gravy on top the VA clinic even issued me a new CPAP machine this past June. Please help me out...
What all and exactly is stated in the R&B section of the decision.
It should say quite a bit more than just, not service connected.
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Can someone tell me the difference between the two because
I always thought it was the same until today some doctor call today
saying they are different
Fee BasisFee Basis services. The Fee Basis Unit processes payment to non-VA providers who have been issued formal authorizations by the medical center to deliver care. For example, the Washington DC VA Medical Center does not provide certain women’s health services. When such services are determined necessary, a VA provider will initiate a consult, requesting approval to send the patient to a non-VA provider. If that request for an non-VA authorization is approved, the Fee Basis office will process payment to the provider after the services are provided. By law, VA payment for services not authorized in advance is strictly limited.
Questions about non-VA care claims may be directed to the Fee Basis Unit between the hours of 8:00 a.m. and 4:00 p.m. The office located in room 1J154. The telephone number is 202-745-2473.
http://www.washingtondc.va.gov/services/Fiscal_Service.asp
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Veterans Choice
What is the Choice Program?If you are already enrolled in VA health care, the Choice Program allows you to get health care from non-VA doctors. Using this program does NOT impact your existing VA health care, or any other VA benefit.
Am I Eligible?If you are already enrolled in VA health care, you may be able to receive care from non-VA facilities, instead of waiting for a VA appointment or traveling to a VA facility.
You are eligible if any of these situations apply to you:
- You have been (or will be) waiting more than 30 days for VA medical care
- You live more than 40 miles away from a VA medical care facility or face one of several excessive travel burdens.
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Good eavning
I was awarded 80% for ptsd but denied for sleep apnea, asthma, allergies. The va sent me to a sleep center and again I was told that I suffered from sleep apnea. Can any advise me what I can do.
If your willing to post all of and exactly what is stated in the Reasons and Bases Section,
minus personal info like name, address, etc..... this will allow members to chime in with the
best answers possible.
Just because one suffers with SA alone, does not necessarily warrant SC.
We need the complete info for the denial.
jmho
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I just noticed that on my C&P exam which lead to my reduction proposal from 40% for my left elbow to 10%, that the lady is a Physician assistant and not a MD Doctor.
Will this help me on my hearing that's scheduled for my disagreement?
Usually, under these circumstances, someone higher than the PA such as an MD, will go over the findings
and sign off on them.
I do not remember of any credentialed specialist being needed for your type of disability, especially if
ROM are involved, only that the examiner use a goniometer.
Check out this bva remand for more info.
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THANKS J,
So I guess that after 'S', unless a Veteran is A&A, lost limbs or whatever, there's no reason to fight for higher ratings, even though one believes that VA screwed up.
Well, there's also SMC/K for a few extra bucks, but I wish that on no one :-)
jmho
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SUBMIT YOUR NOD IN A TIMELY FASHION or KISS AN EARLIER EFFECTIVE DATE GOOD-BYE.
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Thanks to all for the updates.
Im sorry, but all I can keep thinking and feeling is damnit !
Just Damnit all the way to hell and back and I sure hope his family
can get the FULL benefits both he and they have earned.
I just re-read over lots of the emails and messages Stretch and I sent one another,
and am cursing myself more because I missed his last phone call to me.....
DAMNIT !!!!!!!!!
Is it possible to post a link to some of his guitar playing ?
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I just dont understand why this topic is still being hijacked.
jmho
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Should I call the director? They list the evidence but my complaint is they accepted my stressor from my buddy letter of assault.They even accepted treatment for depression while in military and in the Evaluation Officer report he stated Depression and Dislusionment with military and difficulty working with others as reason for recommending discharge but they want to overlook this info and my private doctor report as no rationale and his credentials not as much as VA psych. My partial hospital group therapy records list MD of psychiatry who I saw once a week for 14 weeks while in group and she diagnose me as Depression, Anxiety and Ptsd in 2012.Rationale and Probative weight against my claim.
It would be most helpful if you could scan and post all of and exactly what is stated in the decision
that denied. Also, what type of discharge did you receive ?
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NOD filed timely for my one claim but a prior decision was not from my initial claim which was stated the reason for their denial of this current claim of PTSD. My attorney filed Cue on that decision 4 years after it has been made pretty sure as my claims are complicated a DRO hearing will not be coming in soon in Philadelphia. Does anyone know if all the VA drama is speeding up anything with the DRO processing?
How about posting exactly what your claim of CUE was submitted for.
The exact legal error/s you feel they made and how if not for this error, it would
have manifestly changed the outcome.
Thanks
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NOD filed timely for my one claim but a prior decision was not from my initial claim which was stated the reason for their denial of this current claim of PTSD. My attorney filed Cue on that decision 4 years after it has been made pretty sure as my claims are complicated a DRO hearing will not be coming in soon in Philadelphia. Does anyone know if all the VA drama is speeding up anything with the DRO processing?
The quick answer is NOTHING is speeding up in the appeals area, that is except for tons more
of them coming in.
Your wait for a DRO hearing will most likely be scheduled 1-3 years from submission of the NOD and
request for your hearing.
jmho
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Just got my commissary letter on ebenefits.
"This total disability is considered permanent. You are not scheduled for future examinations."
Happy dance!!
Congrats on the positive adjudication.
Be sure to access all additional benefits to include state and life insurance with the
premiums waived.
jmho
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Berta spoke of filing a writ a few weeks ago. Please correct me if I am wrong but I thought she said something about posting it. Maybe not?
Im just relying on memory, and, beleive me, mine is not that great any more. So, please dont be offended, Berta, if I am wrong. Also, there is a good chance she is waiting and thats ok, also.
I have filed a Writ, myself..but that does not mean I am too good to learn from others.
Its been my impression that Writs are, pretty much regurarly denied, about 90 percent of the time. However, before they are denied, the judge asks the VARO manager to "respond" to the writ. The manager responds, usually with something like, "Well gee your honor, I know 12 years is a long time to implement a board decision, but isnt that backlog awful? By the time you get this response "poof", I think you will find out we already did that. (The next day after they got the Writ). What a coincidence? Gee, now your honor, there is no issue, so please deny that writ, too. How is your youngun doing in soccer? Gee that is great. Tell your wife, I will see her at the scrapbook meet, and bring back the stuff I borrowed from her, too. By the way, you can tell your nephew, your honor, to come in and interview for that assistant manager position any time. I will keep that slot open for him for when he gets out of rehab."
In complete agreement and enjoyed the humor of reality.
jmho
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Still in disbelief.
Any updates yet on Mikes arrangements, obituary or funeral home arrangements ?
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John,
At Bed Bath and Beyond they have these things that really
work great at helping keep you cool.
I use one quite often and it stays cool for a couple of hours.
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Good job.
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Here's a link with some additional info and explanation.
http://www.va.gov/vetapp14/Files4/1426510.txt
"REMAND
As stated above, in August 2013, the Veteran submitted a VA Form 21-22a, which appointed Christopher Loiacono of the National Veterans Disability Advocates, LLC as his representative. Since his appointment, the representative has not submitted any statements or a VA Form 646 (Statement of Accredited Representative in Appealed Case), pertaining to the issue on appeal. The Veteran is entitled to representation at all stages of an appeal. See 38 C.F.R. § 20.600. The AOJ must afford the representative the opportunity to execute a VA Form 646, prior to certification of the appeal to the Board "in all instances." 38 C.F.R. § 20.600; VA Adjudication Procedure Manual, M21-1, Part I, Chapter 5, Section F, Para. 27 (Aug. 4, 2009). While the record reflects that the representative was provided with a copy of the claims file in May 2014, the Veteran's representative must be provided the opportunity to offer written argument on his behalf."
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Going to BVA I would surely submit any and all new / additional evidence
I had available as long as it was not merely cumulative and it was both credible and probable,
and was supportive of an issue under appeal.
I would be most sure to list this evidence itemized on a VARO Waiver Of Consideration,
and submit it to BVA.
jmho
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Hey T,
I just came on line for a bit, read some posts,
went to pay-pal and took care of some business.
Hang in there and thanks for being here.
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Why all the "infomercials" instead of exchange of information and advice for processing claims?
Nothing wrong with the post -
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I am not comfortable with this upcoming C&P by an unknown Dr.. When I find out who it is and review his Qual's, What are the options? can I request it be changed to a CA doctor at the Med Center?
Contracted C&P examiners are nothing new - it's SOP and does not have to
be done at a VAMC.
You really have no options.
There are only a few exams that are required to be done by specialists, such as
Audiology, Dental, Mental Health.
That's just the way it is.
jmho
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john,
all i can say is ... sheet.
sorry for the let down.
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RSG,
The way I'm seeing it - there should be a very good retro amount due.
jmho
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Sorry if this is the wrong forum. I am the wife of a veteran. Took my husband to the VA for his appointment, parked the van, and had a bad fall going in the door due to construction materials lying around. I can't remember much of that fall. First thing I recall was a midget trying to get me up. ok, it was not a midget, it was me being addled. The incident was on tape, the VA reviewed it and sent me what appears to be a tort claim or 1151, I get those confused. VA refused any help in paying my medical bills.
WHY are they always so adverserial? Have to make sure this doesn't impact my husband more than necessary, he sure doesn't need the stress. Also, how do I get their records on what happened that day? The letter states I do not need an attorney. I do need someone to help me with this though. I thought the Regional Offices were for veterans? If they are going to force me to go through
some type process, how do I get their tape protected from being erased?
Sorry to ask you all for help, but really don't know who to ask?
Debbie
I do not see that this would fall under either on - 1151 or a tort claim.
It would be a slip and fall on goobermint property, due to construction materials.
If I were going to make a claim I personally would speak with a lawyer - asap.
jmho
Grover, Supra And Mcgrath V Gober Yum Yum
in CUE Clear and Unmistakable Error
Posted
As usual - GREAT CUE post Berta.
Your still tops in my book.
Thanks for posting this one.