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maine1963
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Posts posted by maine1963
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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.
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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
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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 ReviewEXAMINER'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.
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57 minutes ago, Berta said:
Great!
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 !!
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15 minutes ago, Berta said:
I sure hope you have gone over the FTCA info here very carefully-
*Absolutely! I have spent the last two months reviewing and reading about the SF95 and Tort Claims...
You need to file the SF 95 with the District Counsel ( aka regional counsel) in your area.
*The Regional Counsel telephone number (the district listed is North Atlantic District in GA. The telephone number listed for them on the VA Site is not the proper phone number. I called to verify mailing info.
Check your VAMC on the VA main page to find out what distrit you are in and they should have district counsel contact info there as well.
*See above
I filed mine with both-I do not advise going Pro Se- I did and won but I had a legal background.
I filed my own 1151 Claim and received all three claims / awarded 60%. I am confident of my ability to bring this tort claim forward
Be careful on the last 3 part question-regarding the damage amount you seek- if you read the FTCA info here you will see why.
*Absolutely understand the damage section and amounts.
After I settled the OGC lawyer and I talked about many VA things and he gave me some pointers on the SF 95-
mine was perfect but others have made critical errors that can cause an immediate denial.
In the part to list witnesses( this is usually needed for accident claims like if the VA van or bus hit you on VA property and you had resulting injuries-I put there the names of all the VAMC doctors from 2 VAMCs,who had misdiagnosed, mistreated and damaged my husband, and who caused his untimely death.
*Yes ALL Doctors are listed that treated me at the VAMC
Make sure the doctors you cite in the case actually work for the VA.
*Yes all doctors work for the VA
Many of them are contracted out to VA and are NOT VA employees , therefore no liability under FTCA and Section 1151.You would have to sue them in a federal district court.
**How do I find the number for the District or Regional OGC?? I have searched to no avail! The number on the VA Website is not accurate
15 minutes ago, Berta said: -
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
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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
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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.
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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.
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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
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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)!
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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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OK,
An apology needed on my part! I just went through some of the older Posts on the ILP... I am educated now, to a degree, as to the likely hood that this whole process can take quite some time! My counselor has stated to me that there is a series (chain of command) of steps that my claim(s) have to make along the way to being approved. I asked how many... he said, "Not really sure, but quite a few levels of management"!
Perhaps I need a Congressional Inquiry, I know it can't hurt... Wish I could just take faith in the system! ha ha ha
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Going on for quite some time now, I am still awaiting a decision on the items that my counselor and I agreed I should have. I am 100% PT and could really use these things for a better way of daily living.
Is is normal to take 8 months plus?
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I thought that I would share my Counselors reply to some questions that I proposed to him. Indeed he is working closely with me and I feel confident that I will see great things that I never would have anticipated without his help.
*You see, not all counselors in this program are stubborn or rude when trying to help out Veterans.
Hi Greg,
It is good that you are thinking of what services and assistance will enable you to achieve/maintain independent in daily living through this program. And I am happy to help.
The guidance I've been given and can pass on is that we look for services and assistance related to daily living. In the past there was some blending of services related to hobbies and interests which has created a misconception of what may be attainable from this program. Additionally, while there is a cap of $25,000, that amount is rarely spent in providing assistance.
We work with coordinating programs to make sure all areas are covered - housing, transportation, medical, etc. As each case is unique, it is important to work through areas where it is felt that there is a need for assistance with independent living.
Here's what I understand is happening with your case in regards to services -
- You advise you have been approved for assistance with housing and automotive
- I've referred your request for home exercise equipment, bed, air purifier, and the lift recliner to medical services for review as these items are typically an area they would cover
- I am working with our computer vendors to identify supportive technology that will allow you means to access communication
We can certainly meet to discuss this program and review options. Please let me know if you have any upcoming appointment here at the Togus VA that we can coordinate around.
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Looking for recommendation for a computer chair. Going through the IL program and the counselor is all for it, but just wants me to suggest to him what I want.
I have had two lower back surgeries and a neck fusion as well. Would like a chair that reclines, has foot rest, heat and massage. Hoping that someone out there has been this route and has found a good chair.
Yes, I have searched and searched... but up close reviews from fellow Vets mean allot to me, to say the least!
Thanks,
Greg
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OLD JOE;
Forgot to ask you: What is a GPS WITH backup monitor??? And can you send me a link to it. The reason that I am asking for links is that the Counselor that I have at Voc Rehab always asks me for one!
Greg
Maine
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OLD JOE;
A small boat? Really? I need a new counselor or something! The one that I have is new - just came to Voc Rehab from an insurance agency! I am going to request a small boat/motor/trailer and see where it goes. I have requested all of the other things you have, with the exception of the heated/massage chair. Can you send me or post the link to the chair and boat that you acquired through this program?
Thanks,
Greg
Maine
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Going through the same thing with ILS. My counselor told me that wood working equipment did not qualify for this program. I am 100% P/T SC... So they are offering me a bed that is automatic (raises, lowers, inclines...), exercise equipment and a newer updated computer and printer... I too do not need any home improvements as I am renting now and building a house this summer (approved for SAH program, thankfully).
These items (with the exception of the computer and printer) need to a letter from my doctor saying that they will improve my quality of life... so that is what I am waiting on, I guess.
I too love the outside and have or should say "HAD" hobbies that I can no longer do because of financial restraints.
Try taking a different angle like I did...
Greg
Maine
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Congrats are definitely in order! You are a saint, each and every day this board runs! I remember receiving my first retro deposit - $24K... and I was floating on air! The very next day my SSD back monies hit the bank ($39K)!
Everything has turned around for me, mostly due to the hard research I did, this board and my advocate the DAV! I feel so strong now. Have become a DAV Chapter Service Officer and I help as many vets as I possibly can!
God Speed to you!
Greg in Maine
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Thanks everyone for your input. I never thought of asking a contractor to modify some existing plans that will meet my needs. I really appreciate the replies!
God Bless,
Greg
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Looking for someone to help me either with some house plans or point me in the right direction for some free down-loadable software. I don't have the money to hire an architect or contractor to draw me some house plans and I have been approved for SAH a couple of months ago.
Any help would be appreciated.
Greg
Maine
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Are you handling your claim on your own? What is the reputation(s) of the service advocates in your area (DAV, VFW, State, etc)??? I think that you have a claim that needs to properly structured and written up properly. I went through similar "bumps" with VA docs... Fortunately for me I had Social Security Disability already - so I could go see a Neurologist on the outside and get his opinion on the MRI findings - his findings were the same as the VA doc's, but he added a lot of verbiage that the Claims guys at VA liked and awarded my compensation (un-employability). I use the DAV as an advocate (P.O.T.) but I stay on them and make sure that I have scheduled appointments with them following any medical exam.
I am not telling you to run to the DAV or any of the others, I just know what they did for my case. I will also tell you that you have to be your own advocate at the same time!
Good luck - but I think once your MRI comes through and the findings are there - you will be jump started to a whole new level (given your description of ailments).
Greg
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It is my understanding that the larger number of Nehmer claims that get put through a VA Facility - the more funding they get to hire on additional personnel... not sure if this is true or not, but it came from a source close to hand.
Greg
FTCA SF 95 Pro Se...
in FTCA Federal Tort Claims Action
Posted
Thank you Berta.
G