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carlie
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Posts posted by carlie
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What your calling Bay Pines RO is actually St Petersburg, Fl. VARO.
The VAMC next door to it is Bay Pines VAMC.
St Petersburg VARO leaves a lot to be desired.
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Thanks to all who responded, you all have helped me more than I can describe in words
Thats what it's all about : - )
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Hi I am new to the site and is trying to see how to post question. Help Please.
Just pick the forum that your question relates to, start a new topic
and post it with a new topic title .
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Personally, I submit a request for the highest rating allowed with a copy of my current
specific medical evidence that supports it along with a copy of the schedule
(part 4 38 CFR) that it relates to.
I like to try and make their work flow easier so for me personally, this has always helped
advance my issues.
jmho
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I had heard of the 'Traveling Veteran Program" http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1562 but the VA's I tried to get care at hadn't.
I went to Yuma CBOC for an issue while enrolled in Phoenix VAMC, but they fall under Tucson (or vice-versa) so they didn't want to do anything with me until I was enrolled- which includes being seen by a PCP whenever.
Same in Prescott.
I guess they don't get 'credit' for you if you're not 'enrolled' in Their System: There is a Northern Arizona VA Health care System, a Phoenix VA Health care System, and a Southern Arizona VA health Care System: http://www.va.gov/directory/guide/region_flsh.asp?map=0&ID=18
Hell - I've been in all 3 regions on the same Day, so who's on first?
Kelly,
Thanks for the link on that directive. It expired in 2012 but I'm sure it's been updated or
re-written somewhere.
I am still going to print it out for when / if I travel.
I think it's good to have printed out for IF a VAMC says - no, we can't / won't, help with
your medical needs.
Thanks again : - )
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I sure hear you on,
"Consequently, most of it could be corrected with examiners just following the rules that are already in place"
but it all goes so much deeper.
As Berta points out, the 38 USC and 38 CFR are so very important ... BUT the M21-1MR is huge in that it provides
extremely specific instruction to the vba peeps as to when to request exams and how to request them.
Then, to top that part off the 38 CFR Part 4 - Schedule For Rating Disabilities provides further instruction in
many cases, contained within the NOTES of the schedule.
If these are not followed and specifically instructed by the vba peeps -
then even the exams wont be of much help and just continue to add to further delay.
I am pointing this out because the vba peeps are the ones with the authority to request
our C&P exams to be scheduled. They are also supposed to provide specific instructions
to the examiners. There are many, many, many different disabilities that contain secondary
conditions, that in many cases the veteran has not even requested SC for.
You can see this clearly in the last example I post here regarding specific instruction for epilepsy.
The Notes specifically address epilepsy and unemployability, I have highlighted them in red.
If the vba peeps do not specify to the examiner in the C&P request, to opine on the impact the veterans
epilepsy has on their employability - then it maybe decades of the hamster wheel spinning for this claimant
to have their vba disability issues, fully compensated for.
jmho
Here are some examples for anyone that may not be familiar with what I am referring to:
6204 Peripheral vestibular disorders: Dizziness and occasional staggering 30 Occasional dizziness 10 Note: Objective findings supporting the diagnosis of vestibular disequilibrium are required before a compensable evaluation can be assigned under this code. Hearing impairment or suppuration shall be separately rated and combined.*******************
6839 Mucormycosis. General Rating Formula for Mycotic Lung Disease (diagnostic codes 6834 through 6839): Chronic pulmonary mycosis with persistent fever, weight loss, night sweats, or massive hemoptysis 100 Chronic pulmonary mycosis requiring suppressive therapy with no more than minimal symptoms such as occasional minor hemoptysis or productive cough 50 Chronic pulmonary mycosis with minimal symptoms such as occasional minor hemoptysis or productive cough 30 Healed and inactive mycotic lesions, asymptomatic 0 Note: Coccidioidomycosis has an incubation period up to 21 days, and the disseminated phase is ordinarily manifest within six months of the primary phase. However, there are instances of dissemination delayed up to many years after the initial infection which may have been unrecognized. Accordingly, when service connection is under consideration in the absence of record or other evidence of the disease in service, service in southwestern United States where the disease is endemic and absence of prolonged residence in this locality before or after service will be the deciding factor.****************
8017 Amyotrophic lateral sclerosis 100 Note: Consider the need for special monthly compensation.***************
8210 Paralysis of: Complete 50 Incomplete, severe 30 Incomplete, moderate 10Note : Dependent upon extent of sensory and motor loss to organs of voice, respiration, pharynx, stomach and heart.
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A thorough study of all material in §§4.121 and 4.122 of the preface and under the ratings for epilepsy is necessary prior to any rating action. 8910 Epilepsy, grand mal. Rate under the general rating formula for major seizures. 8911 Epilepsy, petit mal. Rate under the general rating formula for minor seizures. Note (1): A major seizure is characterized by the generalized tonic-clonic convulsion with unconsciousness. Note (2): A minor seizure consists of a brief interruption in consciousness or conscious control associated with staring or rhythmic blinking of the eyes or nodding of the head (“pure” petit mal), or sudden jerking movements of the arms, trunk, or head (myoclonic type) or sudden loss of postural control (akinetic type). General Rating Formula for Major and Minor Epileptic Seizures: Averaging at least 1 major seizure per month over the last year 100 Averaging at least 1 major seizure in 3 months over the last year; or more than 10 minor seizures weekly 80 Averaging at least 1 major seizure in 4 months over the last year; or 9-10 minor seizures per week 60 At least 1 major seizure in the last 6 months or 2 in the last year; or averaging at least 5 to 8 minor seizures weekly 40 At least 1 major seizure in the last 2 years; or at least 2 minor seizures in the last 6 months 20 A confirmed diagnosis of epilepsy with a history of seizures 10 Note (1): When continuous medication is shown necessary for the control of epilepsy, the minimum evaluation will be 10 percent. This rating will not be combined with any other rating for epilepsy. Note (2): In the presence of major and minor seizures, rate the predominating type. Note (3): There will be no distinction between diurnal and nocturnal major seizures. 8912 Epilepsy, Jacksonian and focal motor or sensory. 8913 Epilepsy, diencephalic. Rate as minor seizures, except in the presence of major and minor seizures, rate the predominating type. 8914 Epilepsy, psychomotor. Major seizures: Psychomotor seizures will be rated as major seizures under the general rating formula when characterized by automatic states and/or generalized convulsions with unconsciousness. Minor seizures: Psychomotor seizures will be rated as minor seizures under the general rating formula when characterized by brief transient episodes of random motor movements, hallucinations, perceptual illusions, abnormalities of thinking, memory or mood, or autonomic disturbances.Mental Disorders in Epilepsies: A nonpsychotic organic brain syndrome will be rated separately under the appropriate diagnostic code (e.g., 9304 or 9326). In the absence of a diagnosis of non-psychotic organic psychiatric disturbance (psychotic, psychoneurotic or personality disorder) if diagnosed and shown to be secondary to or directly associated with epilepsy will be rated separately. The psychotic or psychroneurotic disorder will be rated under the appropriate diagnostic code. The personality disorder will be rated as a dementia (e.g., diagnostic code 9304 or 9326).
Epilepsy and Unemployability: (1) Rating specialists must bear in mind that the epileptic, although his or her seizures are controlled, may find employment and rehabilitation difficult of attainment due to employer reluctance to the hiring of the epileptic.
(2) Where a case is encountered with a definite history of unemployment, full and complete development should be undertaken to ascertain whether the epilepsy is the determining factor in his or her inability to obtain employment.
(3) The assent of the claimant should first be obtained for permission to conduct this economic and social survey. The purpose of this survey is to secure all the relevant facts and data necessary to permit of a true judgment as to the reason for his or her unemployment and should include information as to:
(a) Education;
(b) Occupations prior and subsequent to service;
© Places of employment and reasons for termination;
(d) Wages received;
(e) Number of seizures.
(4) Upon completion of this survey and current examination, the case should have rating board consideration. Where in the judgment of the rating board the veteran's unemployability is due to epilepsy and jurisdiction is not vested in that body by reason of schedular evaluations, the case should be submitted to the Compensation Service or the Director, Pension and Fiduciary Service.
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Yea Berta - it means your still waiting and nothing further is needed from you
at this time : - )
Sure glad you got to join us at e-bennies.
I've been missing you !
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I am helping Veteran with his claim...and he has lost some papers in his Award letter.
I need them to see Reason & Bases. ect,,,ect,,
How would he request his original Award letter with all attachments?
Thanks in Advance!
Buck!
I would have / help him request a copy using a 21-4138
http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf
OR
Have / help him call the 800 - dont know much number
and request a copy be mailed to him.
Then I'd contact the 800 # again about a week later to verify
the request is of record.
jmho
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Folks:
At this point it looks like I finished all of my C &P exams last week and I'd like to know what happens next from you seasoned, Hadit.com veterans?
Now you just get a hobby or something to interest you and wait things out, until you hear or receive something else.
Although I'm not satisfied with all of the exams, I did get to retake the one that I was most concerned about and suspect I'll be appealing some contentions?
Glad you were able to retake the one of most concern.
Also, originally, I submitted 13 DBQ's with exams as part of my claims submission package, so that part of my claim is very robust. I'm not sure I would have done the DBQ's again because I retook most of the same exams again anyway and it just cost me more time in the process? That said, I was never able to confirm that all of my hard copy files ever got fully digitized into the VBMS System? I did get a "verbal" from a senior VBA official that they were in fact there? But, like many vets, about half of my service medical records (SMR's) are handwritten by military doctors and I believe they don't get the same attention as the newer chrisp typed records that come out of DOD and the VA Systems today? For me, some of my most important SMR evidence is on these handwritten SMR's. So, I was advised by some seasoned, claims veterans that have turned in claims over the years to provide statements of support and buddy statements to bridge that gap for the VBA claims raters? It's supposed to "tell the full story" so the raters can peice it all together?
While it's still fresh - you can, if you want, submit copies of these handwritten SMR's and highlight the portion that would
help connect all the dots for the issue.
One note is that I'm more convinced now then ever after my interactions with examiners that the final outcome of a claim is due in large part to the "luck of the draw" and who works your claim? In one case, I came across someone, whom had their mind already made up before I ever walked thru the door and I suspect that this is more of a "personality type" than the way business is usually done. Just like "global warming", some may have a bias that the whole "Gulf War Syndrome" an in their opinion, it just - does not jibe? However, although there are examination rules, policies, regulations, etc. in place ...many professionals also have a lot of subjective leeway in filling out the forms and personal biases and if you "draw" someone like that, it's like a spawning salmon,( you or me) are swimming against the current to get where you need to go..to get your just due?
I am in full agreement that many times we are pre judged by examiners, prior to even meeting with them for the examination.
IMO - many times,luck of the draw takes place at all levels from the mail room up, all VBA reps, C&P examiners, etc...
IMO - incompetence of following laws, regs, duty and direction is rampant.
We, as individual claimants, armed with knowledge and evidence, are our own best advocates for both VBA claim issues
and VAMC medical care.
Hang in there and keep hopes there are no land-mines to trip you up and start the hamster wheel spinning.
jmho - carlie
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Hello all,
I looked on my husbands ebennies and they have him at 90%( from the 80% he used to have) now and his AB8 says that they are paying him at the 100% level.. I am hoping that it means that they approved him for unemployability. Does that sound about right or is it just my wishful thinking again?
Sounds like SC @ 80% with IU comp at the 100% rate.
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I have noticed lately that new threads are being opened for questions about posts that have been started in other threads.....and/or in other forums here.
I usually search for the older posts because I don't remember all of the issues when a new question pops up, without explaining the background info.
I am not willing to do that anymore. It takes too much time.
If you make a post, please try to get back to the original post, with additional questions.
If you cant remember where the original post was, go to your profile and under posts it will pop up and you can click on it and continue the original thread.
Thanks
Ditto - time has just gotten too valuable - especially if it's time when
we are feeling decent.
jmho
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RootBeer
I don't trust any numbers the VA puts forward. They certainly have been known to "fudge", better known as outright LIE, about the number before.
Ditto - also, it's only natural VA that more claims will get pushed thru done half azzed
and result in more appeals.
Probably won't be long before they find appeals that have been lost (ha-ha) in BVA
file cabinets.
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Old topic.
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Had they managed his condition correctly he'd never have taken his life.
I am most certainly sorry for your and your sons loss.
Please do not take this personally but I do have some disagreement
with the statement left above.
He very well may have not received appropriate mental health care
but even with excellent mental health care - some still choose to leave this earth
on their terms, through suicide.
Not saying specifically that he did but that yes, even with appropriate care, some do.
jmho
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It can be done.
I personally received retro of SMC/S from over a decade.
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For eligible veterans, VAMC medical care is SUPPOSED to be portable when traveling
but you are also supposed to be enrolled in a preferred VAMC.
http://www.va.gov/healthbenefits/resources/publications/hbco/hbco_faq.asp
?How do I choose a preferred facility? How do I change my preferred facility?When you enroll, you will be asked to choose a preferred VA facility. This will be the VA facility where you will receive your primary care. You may select any VA facility that is convenient for you. If the facility you choose cannot provide the health care that you need, VA will make other arrangements for your care, based on administrative eligibility and medical necessity. If you do not choose a preferred facility, VA will choose the facility that is closest to your home. Thereafter, your preferred facility is the one where your Primary Care Team is located."
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I have been reading these topics today. My question is I was granted IU P&T for bipolar, at 70%. I am
SC for sleep apnea 50%, dd c spine 20%, and hypothyroidism 10%. I am also SC for 5 other conditions at 0%. I have been IU P&T since November of 2001.
Maybe this will help explain smc/s.
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Tbird:
You should consider turning it over to the VA Office of the Inspector General to have them investigate the issue. Also, be very careful about posting anything because you should consider the HIPAA Laws so you don't get into trouble yourself. There is freedom of sp ak but the Veternan's information should be protected. An official investigation seems to be the best answer with this. Also, even though you were able to gain access into the site that you went into , if it had an official warning and you still accessed you could get into some trouble also. I'm not an attorney but please make sure that you protect yourself legally with this issue.
I don't understand what the heck this post is even referring to.
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Congrats - spend wisely.
Be sure to check out all additional benefits to include insurance and state.
jmho
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RUREADY,
Your lawyer does not know what they are talking about.
Of course one can request the VBA to determine that a CUE error has been made,
even on a decision that has not yet, become final.
Now this does not mean that they will actually do it, or that they will concede an error was made
on the prior decision, or that they will even take any action on it at all prior to the one year rule
for the decision to become final . . . but a claimant can certainly request the VBA CUE themselves.
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Greetings
Any idea how long it will take to get rating decisions from the BVA on my second case recently completed?
Best Regards
Chiefhouse
I'd give it a wag at 2-5 months.
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Thanks so much for your replies. This was the document that I sent back in July 2014 and also October 2014 in the hopes that the RO would fix my claim without going through the lengthy BVA process. I know that is rather idealistic of me, but I had to try.
I actually attached the copies of my service medical records that I referred to. This was not new evidence, it was evidence that should have been reviewed with my claim. I simply think that the claims officer was unaware of the 60% systemic therapy policy and that my medicine (which I was on for years while in the service) counted as a treatment therapy that garnered a higher rating. I am trying to show via my service medical records that I was on systemic therapy...and I think by listing the items in a chronological order and including my medical records I did that. Simply put, I was on the medicine for well over the required 12 months and remain on it to this day. I did not include the 60+ pages of my medical records here...didn't want to clog up the server, plus I would have had to cross out lots of other data.
Great catch on the 2001 vice 2011 date. I actually had fixed that on the letter I submitted to the VA but mistakenly used that one as my uploaded document. I am indeed asking to be back dated to 11/01/2011.
Putting this into a CUE format is what I am trying to do. I realize I need to quote the appropriate CFR's and thanks for including other forum areas for me to research. Before I go through that process I am still wondering if a CUE is the best approach on this? I know that is going to require a looking glass and some hocus pocus to figure out, what the ideal way to deal with the VA is. But still knowing that I have a two year wait with a BVA or what I feel is a pretty simple and clear cute CUE, I am leaning towards redrafting this in CUE language and submitting via that process.
My best suggestion I can provide for now is to do a BVA search - keyword CUE, tick about 6 or 8 years worth,
and start studying and researching the issue of cue.
What is a cue.
What is NOT a cue.
EXACT criteria for when and how to submit a cue.
Then after you study say 40 or 50 cases THOROUGHLY . . .
do a bva search on your exact issue for your cue submission.
Study grants AND DENIALS.
http://www.index.va.gov/search/va/bva.jsp
Keep in mind to really study cue claims that were denied or dropped due
to not being filed correctly.
The denied claims are very important to study so you can see where land mines
will trip you up.
In doing true due diligence this way - you will become familiar with VA / BVA / CUE language
and use it in all submissions to all of them.
You have to know exactly which Rating Decision to file the cue on and the exact law or reg that
was broken or misapplied.
Cue can not have anything to do with how the evidence was weighed, it must be that the statutory
law or reg was not followed.
It can not have anything to do with the BOD, it must be absolutely clear legal error to reasonable minds . . .
(yea right - we are dealing with the VA - lol).
It can not contain ANY evidence produced AFTER the rating decision you are submitting the cue on.
If this concerns evidence that was not a part of the decision you are cueing, such as SMR's that were not
part of the record considered - that would not fall under a cue,
that could be an appeal for EED under 3.156
OR
3.157
I'm limited on time for now and this is about all I can jam in.
Other's will come in and correct if I posted something wrong.
jmho
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Greetings
Still waiting for anything...something but haven't heard a word from the BVA since my traveling board hearing on 16 Sep 2014.
Best Regards
Chiefhouse
chief,
you can try to give the bva ombudsmans office a call and ask if your recorded hearing,
has been transcribed yet.
jmho
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You have written this out clearly and chronologically and did a nice job.
It is not written as a submission for cue.
You have conflicting dates.
" I am requesting that my folliculitis rating be increased from 10% to60% back dated to the date of my original claim of 11/01/2001."" I am requesting that my service connected rating for Folliculitis beincreased to 60% with an effective date of 11/01/2011."
New Dea Rules For Hydrocodone Combination Medications
in Medication – Prescription Drugs-Health Issues
Posted
I brought this info over from my healthevet. "New DEA Rules for Hydrocodone Combination Medications
After October 3, 2014, many Veterans may notice VA prescription changes for hydrocodone combination (HC) medications. It's important to know how these rule changes affect your HC prescription when using My HealtheVet.
Brand names for HCs include AZDONE, LORCET, LORTAB, IBUDONE, TUSSIONEX or VICODIN. VA prescription bottles will typically list HYDROCODONE and another medicine such as ACETAMINOPHEN. These medicines may be used to relieve pain or to reduce coughing.
The change comes from the Drug Enforcement Agency (DEA). The new rule changes HC medicines from a Schedule III drug to a Schedule II drug. They will now be more strictly controlled. The DEA did this because these medications were found to be highly abused, habit forming and potentially deadly in overdoses. These stricter regulations should improve their safe use for everyone.
If you have a prescription for a hydrocodone-containing medication and use My HealtheVet's Prescription Refill feature, the number of refills showing on the 'Refill My Prescription' page may reflect your original prescription. It will change when your doctor re-writes the prescription based on the new restriction on refills and expiration date. Refills of new HC prescriptions will no longer be allowed on or after October 3, 2014 and quantities will be limited to a 30-day supply.
Each VA Medical Center pharmacy will make changes to make sure there is a smooth transition of HC prescriptions for their Veterans. In some instances, the HC prescription may continue to appear for a few weeks or months. If you have questions, it is best to contact the pharmacy at your local VA Medical Center. The phone number is on every prescription label, or you can look on the local VA Medical Center website under 'Health Care Services' for the pharmacy telephone number.
If you need to discuss your prescription with your health care team, remember that you can use My HealtheVet Secure Messaging to reach out and ask specific questions in this safe and secure channel."