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HadIt.com Anniversary 24 years on Jan 20, 2021 ×
HadIt.com Anniversary 24 years on Jan 20, 2021

Vync

HadIt.com Elder
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Everything posted by Vync

  1. @Berta My father does not have IHD. He did not file any claims other than the knee and heart claim, so there is no other AO-related claim in his records. I am going to get with him to do an intent to file/21-0966 before the end of the month in order to preserve whatever effective date he might receive. @Marine Corp 69/70Do you have a link to Woods & Woods? I am not familiar with them.
  2. @Buck52 and @Berta just to make sure I understand the Nehmer stuff, is it correct that he would not receive retro back to when he got out of service or while in Vietnam? Prior to retirement, his self-reported medical history included some key boxes that were checked YES: coughed up blood, bled excessively after injury or tooth extraction, dizziness or fainting spells, head injury, shortness of breath, pain or pressure in chest, palpitation or pounding of heart, heart trouble, cramps in your legs, stomach/liver/intestine trouble, frequent trouble sleeping, and periods of unconscious
  3. I appreciate the information and advice from everyone! I know a lot has changed since I last filed a VA claim, but is it possible to still do the process to preserve effective dates? If we get something in the hopper before the end of the month, his effective date might be Feb 1 2021. Then we can pursue a good law firm to get their perspective.
  4. I have several questions which are at the end of my post, but here is some background information. I got an email from CCK law firm with a link to this Youtube video. It indicates that the National Defense Authorization Act of 2021 was enacted and includes the three new AO presumptives: Bladder Cancer, Hypothyroidism, and Parkinson's-like symptoms (symptoms similar to Parkinson's without actually having a Parkinson's diagnosis). My father served in Vietnam boots on the ground, non-combat, for one year and had a number of ailments arise over time both during and after
  5. @Berta, I really appreciate the information. The magic word "and" does appear promising: M21-1 still directs the VA to combine 1151 disabilities with regular SC disabilities https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014567/M21-1,-Part-IV,-Subpart-ii,-Chapter-2,-Section-G---Benefits-Under-38-U.S.C.-1151 This veteran was SC for a disability, filed an 1151 for the same disability, the BVA denied it due to pyramiding. Based on VAOPGCPREC
  6. @Berta I have been covered up between work and the new baby, but did a little digging in my VAMC records. I found a couple of instances where my primary care doctor (VA employee per the link you posted) did issue refills for the medication. It was a few years before I had the heart attack, but I still had many of the risk factors which were contraindicated. I'll have to get with the VAMC pharmacy and ask them for the dates of each time the medication was administered/refilled/renewed and the names of the employees who did it. I read about the Brian Tally case while researching VA contra
  7. Hi @Berta, I will be able to scan it soon, but as for your other questions: - Regular secondary SC related to SC migraines/headaches (not 1151) - The doc who originally wrote it was a neurology resident at the VAMC's neuro clinic. I will have to check, but believe the progress note was signed off by a VA attending doctor. No idea if either were actual VA employees or contractors at the time. Several other docs also renewed the prescription. Additionally, I think the link you provided only applies to current employees. The medication was initially prescribed several years ago.
  8. Since I won, now I am wondering if I should submit a tort claim... I just got the decision letter from my VSO granting a single 100% for three months following the heart attack and automatically inferred the SMC-S housebound for that time. After that, it changed to 60% based on the medical evidence. The letter does not state that this is temporary or that I should expect an exam in the future (probably because my existing ratings and P&T status) Here is the key rationale from the decision letter. The VA even quoted my non-VA neuro specialist's rebuke of VA bungling. After the
  9. You are correct. My employer had directed most employees to work from home since March 2020, so fortunately I have not had to endure the stresses of a daily commute to the office. Doing as well as can be expected otherwise.
  10. Hey Buck, I am waiting to get the decision letter from my VA rep tomorrow, but it looks like I was awarded 60% for myocardial infarction (i.e. MI, or heart attack). The rating criteria grants a single temporary 100% rating for three months. I saw a small retro deposit hit the bank and I calculated it to match extra SMC-S for three months. The VA would not have issued a payment unless I solidly won. I honestly was not expecting any retro at all. I was just hoping the new SC would open the door for me to purchase VA's S-DVI life insurance. I assume that after the three month period, they
  11. Yeah, I know. I'm not going to lose any sleep over it.
  12. In August 2020, I filed a HLR for heart attack and was just called by a DRO. The DRO indicated the decision was in error because it was based solely on the wrong condition (atrial fibrillation) and did not address the heart attack at all. They will go over everything, including the strong "more likely than not" IMO from my non-VA board certified doctor. They said they would try to grant based off of the evidence of record. Of course, if granted, I would get another heart C&P for rating purposed. Should know something within the next couple of weeks.
  13. I believe this is solely centered around the numbers. Veterans complain the VA takes too long to process claims. Outsourcing results in quicker turnaround times and makes the numbers better for the VA. The problem is there is zero accountability with contracted examiners. In my case, LHI did a C&P exam earlier this year and completely ignored very favorable evidence (specialist IMO). LHI management said they simply train examiners and schedule exams. The VARO rubber stamped what the examiner said which proved their "quality" review lacked substance. The VA's answer to substandard
  14. Excellent! Congratulations!
  15. I had an LHI exam earlier in the year after filing a supplemental claim, but the examiner was sloppy, resulting in a denial that I had to appeal via HLR. I received a FedEx letter a week prior telling me info about the examiner's experience and credentials. It also indicated the names of the services requested by the VA. In my case, the VA requested a cardiology exam. The examiner, a nurse practitioner, called and spent about 10 minutes on the phone. An in-person exam was not necessary because I recently had a full heart workup at the VA. They asked about a heart rhythm issue that was pre
  16. Keep in mind that some offices might be in the DEERS catalog, but they may not necessarily make ID cards. My recommendation is to call before you go. Here is an online link to find offices near you: https://idco.dmdc.osd.mil/idco/locator
  17. Ranmic, It's just a way that the VA determines if your rating will be deemed as protected. There are a lot of factors that go into it, such as age, type of disability, disability percentage, service connection status, etc... When you reach a level of rating protection, the VA doesn't tend to come out and tell you. However, it is good to know about in cases where the VA might suddenly proposes to reduce a rating. They will send you a letter in writing and give you a certain amount of time to respond and explain why the rating should be continued. That doesn't mean they will get it right
  18. Please feel free. I can provide some additional information to you very soon.
  19. @blahsaysme2u I requested mine in December 2019. Currently, there is no longer an ETA on va.gov of when I call the Peggy puppets. I think I might engage my Congressional rep to see if they can get mine moving along.
  20. @CapnHaddockYou are correct in the fact that the VA try will fight this all the way. I sort of spearheaded this effort recently. Being 100% P&T, I filed for this some years ago, but the VA also denied the free coverage because I was also still employed. In 1996, per the Paperwork Reduction Act of 1995, the VA moved their regulations into departmental policies under M29-1 Chapter 16. They asserted that "for life insurance purposes" the VA's definition of "totally disabled" meant "unemployable", despite what the VA defined in 38 CFR 3.340. Apparently, there was some sort of division between
  21. Still happening to me. It either goes into an endless loop trying to load (nothing being displayed), loads partially then freezes, or takes a very long time to load. Tried Chrome and Edge. Flushed cache. Still happening.
  22. @GBArmyIn this case, a new doctor's opinion cannot be introduced due to the CUE restrictions. I looked up the M21-1's CUE policies/procedures and found: A claimant is not entitled to request CUE again once there has been a final decision denying CUE on the same basis. If the CUE alleged is different from a CUE issue previously rejected, use a rating to determine whether or not a CUE was made on the new issue. If they followed their own policies/procedures, they would have considered functional loss/impairment which should warrant an increase. At least that's how I read it.
  23. The CUE I submitted last year was denied in January. I submitted a HLR asserting a CUE contention that the VA failed to properly apply functional loss/impairment per 4.40 and 4.45 and award a rating higher than 10%. The HLR denied CUE occurred, again relied solely on the maximum ROM, but made no mention of my contentions that functional loss/impairment per 4.40 and 4.45 were not properly applied. Initial exam This exam was a crap shoot, but at least they were able to confirm it was in the record. A reasonable person would have used objective math to divide 35 mm by 2 resulting in
  24. If you have a VSO, they can go into VBMS and obtain a copy of the letter. My VSO was able to do this for me and read off the retro amounts and the basics of the decision. I drove by his office and picked up a copy. Once you have a copy of the letter in hand, you can discuss it with the Peggy agents, if necessary. They don't need to know you obtained it from your VSO. I hope the letter contains really good news...
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