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maine1963

Third Class Petty Officers
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About maine1963

  • Rank
    E-3 Seaman
  • Birthday 02/24/1963

Profile Information

  • Location
    Maine
  • Interests
    Hunting, Fishing, Sailing, Family

Previous Fields

  • Service Connected Disability
    100%
  • Hobby
    Wood Working
  1. Going to try and clear up the confusion... PRIOR to filing and being granted an 1151: I was 90% combined SC paid at the 100% du to TDIU. I was also PREVIOUSLY awarded SMC K (Loss of use of foot) THEN, in April was awarded 1551 30% for Painful Scars, 1151 30% for Tinea Cruris and 0% for scars of the bilateral lower extremities (* 0% due to the scars were not of the head, face or neck and basically not 6"sq **And I was bumped up to 100% combined disability and removed my tdiu status due to my now being at 100% (I presume that is why they removed it) Sorry that I confused everyone. The recent 1151 did NOT include any one particular disability at 60%, but rather two seperate at 30%. My scarring is due to Topical Steroid cream use over a long period of time. But the VA used the "closest" 1151 DC. to quote the CFR for skin disabilities (Tinea Cruris): "Rate as disfigurement of the head, face, or neck (DC 7800), scars (DC’s 7801, 7802, 7803, 7804, or 7805), or dermatitis (DC 7806), depending upon the predominant disability." I need to review all of the ratings for DC 7800 to 7806 in order to figure out if the scheduler should have used a different DC and possibly one of them have a 60% rating that applies to my case. If there is a possibility of a SMC S rating - that would perhaps be far above and beyond any award that may come about from a Tort Claim.
  2. Berta, Thank you!! Ok, now I have to get smarter... I no NOTHING about SMC S. If you are talking about an offset due to an increase due to the 1151 being granted for 60% additional disability - I was already 100% P&T. No increase in disability pay resulted. I will research SMC S to understand. There was NO mention of SMS S in my 1151 claim. Thank you for your vote of confidence. The one law firm I approached about handling my Tort claim told me that I would be wasting my money in hiring them - that my case was something that I could most definitely handle on my own but would be in hot standby if it went to suit due to denial or if I didn't agree with the settlement offer. **Need to clarify** I was (prior to 1151 Granted) at 90%SC P&T with TDIU. I also receive SMC-K (Loss of use of foot)... AFTER the 1151 was granted for an additional 60% the VA bumped me to 100% and dropped my TDIU. Perhaps that is why there was no mention of Special Monthly Compensation -S? I did NOT file for SMC, should I? Again, I am a research freak, LOL! I will look into this deeper. Thanks! G
  3. Thank you Berta. I completely understand. My 1151 was granted, mainly because of the VA Comp and Pen Doctors review and the black and white evidence. Here is the review by the VA Comp/Pen doc. LOCAL TITLE: C&P EXAMINATION NOTE STANDARD TITLE: C & P EXAMINATION NOTE Medical Opinion Disability Benefits Questionnaire ACE and Evidence Review EXAMINER'S MEDICAL OPINION: It is at least as likely as not that the claimed disability of skin and scar condition (groin) was caused by or became worse as a result of the VA treatment at issue, and that such disability resulted from the attending VA personnel's failure to follow the appropriate standard of care. The disability resulted from an event that could have reasonably been foreseen by a reasonable healthcare provider. The issue of higher potency topical steroids potentially causing skin atrophy and associated conditions has been well publicized and addressed in the medical literature for many years, both in scientific journals and review articles that would likely be seen by primary care providers. This has also been addressed for years in medical school and continuing education courses geared toward primary care physicians. In my own experience as a primary care internist for 25+ years prior to joining the VA Comp and Pen Department I saw many such articles warning against long term use of higher dose steroids in sensitive thinner skin areas such as the groin and face. Such warning I therefore believe is one of which any reasonable, prudent primary care health care provider should be aware. Although I believe the veteran's treatment of his groin rash was appropriate in all other respects, I believe that by not specifically warning the veteran to not use the betamethasone/clotrimazole cream on an ongoing basis, Dr. X deviated from the standard of care expected of a reasonable, prudent primary care physician. This in turn led to the veteran's inner thigh striae and groin skin atrophy.
  4. Berta, do I only submit pertinent VA medical files? Or is there the need for all 6,200 pages (entire VAMC file). And if they may need the ENTIRE record, can I give it to them on a CD? You are such a wealth of knowledge when it comes to these claims - from all of us facing 1151, tort or other claims I thank you !!
  5. I have been granted 60% additional disability rating (not to worry, I was already at 100% prior to filing the 1151 claim). I am now about to file the SF 95 along with evidence... I am SO confused as to where to physically mail the SF 95 and evidence! Treated at Togus VAMC. Live in Maine... Thanks, G
  6. I filed an 1151 claim back on Nov. 28, 2017. This claim is for 2 issues arising from improper medical care and direction given by PCP. First issue is for skin disorder and second is for scarring. I presented to the PCP in March 2017 with what I thought was a common jock itch/rash in my groin area. The PCP prescribed a steroid cream and antifungal pill. Initially my symptoms cleared up quickly. Then just prior to my 6 week follow up appointment with PCP, my skin in the groin, thighs and testical areas became extremely red and inflamed. At the follow up my PCP directed me to continue using the steroid cream and once again prescribed an antifungal medicine. Never once did I have any "moisture" or fowl smell and I questioned the doctor when she once again prescribed an antifungal med. Follow scheduled for 2 months out, directed (as I stated above) to continue the use of the steroidal cream. Over the next 2 months I contacted the PCP via my healthy vet secure messaging and phone line, as the condition was not clearing up and the welts / redness were getting worse. She advised to continue using the cream and rescheduled my follow up to LATER date to "give cream time to work". I went in to her office on two further (unscheduled) visits for emergency visits. I was in extreme pain. She said that the cream should be working. Well in the mean time I was having trouble breathing and controlling my heart rate. I was scheduled for a stress test, which I failed and was sent for a catheterization to see if I had any blockages. The heart issue(s) are unrelated as I have had previous blockages, but this new issue clouded and trumped my groin issue. While I was in the hospital for the catheterization the cardiologist questioned the redness and swelling in my groin area. They told me to follow up with my primary care doctor as they were not sure what was going on, but that it was alarming. Upon release, and 1 week later, I followed up with my PCP about my groin area and heart. There were NO heart issues but when the PCP examined my groin area she said "OMG, you need to go to see a Dermatologist. I was notified a few days later that I had an appointment with a VA Dermatologist. At this appointment the Dermatologist quickly diagnosed me. He said that I did NOT have any type of fungal infection. He further stated that my PCP misdiagnosed my condition and should not have prescribed a steroid cream to be used on my groin, and certainly not for a period longer than a week. The steroid cream had thinned out my thigh, groin and testicle skin to the point where there was not much left for skin layers. I also developed tremendous stretch marks in my groin and thigh area along with cracks and areas that were now bleeding. He was cautious as to what he said in my VA medical record (notes) after the first visit. But he did contact my PCP directly (per his words at my second visit. He went further to tell me that I now have permanent and irreversible skin damage and scarring. This he did document. Bottom line, there is nothing that can be done to correct this condition that now exists. A week later I was notified that I now have a NEW PCP! I went to the patient advocate and requested that a peer review be initiated. In the mean time I also filed a disability claim (I am already at 100% P&T so there will be no additional monthly compensation) - but I wanted the 1151 to be in place in case I decided to file a FTCA Claim. I do not have the money to hire an outside physician for an IMO. But, my feelings are that this is a cut and dry case of a PCP performing duties outside of her expertise. I should have been sent to Dermatology right off the bat when the first treatment failed and additional skin issues arose. Instead she continued to tell me to use the prescribed steroid cream. I have read that I do not have to file a SF95 tort claim, but I could simply notify the Office of Chief Counsel for the VA *"however, use of the SF 95 is not mandatory, so long as the requirements are met that there is a signature of the appropriate claimant, sufficient information to investigate the allegation, and a sum certain demand." *from the VA web page How would I notify them without filing the SF95 form?? My 1151 claim, had an estimated decision date of 09JAN18, but now the ECD is 24JUN18. I can only assume that the peer review has been initiated and there was a discovery of my 1151 claim being filed. Any thoughts as to how I should proceed? Should I simply wait to hear if the VA found fault via the Peer Review? Should I send some sort of notice to the Office of Chief Counsel as to my demands for compensation due to malpractice? Should I go ahead and file a FTCA even though I know I can not afford an IMO? I have had no luck thus far in retaining legal counsel to represent me. I do live in Maine and it is difficult to find an experienced lawyer to deal with the Federal Government. Thank you all for any advice you may afford me, Greg
  7. I do my best to help fellow Veterans. A veteran's wife contacted me and stated "My husband went to have his Lymphedema treatment today and was given a letter that all "VA Outpatient physical therapy at civilian sources have been terminated by the VA nationwide for the rest of the year. He needs this treatment 3 times a week to remove the waste from his system. Without it, his legs swell significantly and he could die from the waste circulating in his body". The veteran is 100% rated, receives in home care, travels 3 times a week to an "outside Physical Therapist" because it is too difficult to travel to Tampa Florida VAMC. Up until now the VA has approved this. Now they would like him to make the trip to Tampa Florida VAMC *33 miles away, just short of the 40 mile ruling for VA Choice Card utilization. Any suggestions? Are there waivers to the 40 mile ruling? Thanks all for any and all input. *I did search for any related issues, but to no avail. Greg
  8. Thank you for your reply(s)! I am mythed as to why the VA would not approve claims for service while stationed at Gagetown. It is well documented and like you said, the Canadian VA gave their Vets $24,000 (one time measly payment) for exposure. There is also documentation of Agent Purple and Agent White. I will put together a fully developed claim for this Veteran and update here as it progress's.
  9. I am trying to help a fellow Veteran (Us Army) with a disability claim arising from his duty while stationed at Gagetown Canada. Does anyone have any experience(s) with disabilities arising from exposure to Agent Orange?? I searched this site / forum but found no content. Thanks all.
  10. I have a friend (Female) that has just been approved a 20% rating for MST/PTSD (Due to an assault while in the military). They paid her retroactive back to the date of actual claim. I thought that she should have been paid back to the date of the assault. She is so traumatized by the assault that she is almost REFUSING to go back to her representives (DAV) and ask for an appeal for an increase in rating. She just doesn't want to continue to re-live that day in particular! Any help would be greatly appreciated. Greg
  11. I realized yesterday that my appointment is July 6th, thought it was yesterday! Not till next Monday, but after all this time - that is fine! I just looked at the Zero Gravity Chairs and they look like they would be great for inside and outside. Thanks for that USNDW! Will keep you all posted as to the progress (or lack thereof)!
  12. I just received notice that my items have preliminary approval and have meeting with my counselor on Monday... perhaps they read these boards?? lol Will keep you posted/ Greg
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