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Vync

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Everything posted by Vync

  1. @Dot09 The claims processors are literally stuck in the middle between management trying to reach their mandated goals and actually following the laws/regs/rules. A couple of years ago, my c-file contained 11,000+ pages. It is not humanly possible to read that within a reasonable period. Yes, searching source content is helpful, but when most of my records were handwritten with few typed, optical character recognition is not too accurate. Spoon-feeding the VA exactly what they need is a huge plus. I am a big advocate of connecting the dots for them. You literally are helping them help themselves. If they took the time to simply verify/confirm these kind of submissions, they would realize we are trying to save them time. I completely understand your frustration. I have a CUE at the BVA waiting to be sent to an ALJ for this same issue: The VA failed to read the specific evidence and properly apply the laws/regs/rules in effect at the time the decision was made. They seem to make up with their own incorrect interpretation of the laws/regs/rules... I had a C&P examiner hand write "jaw locks midway" when measuring ROM and did list max ROM, but the VARO said that was not an objective measurement. I guess they don't know the definition of midway or do not know how to divide by two. It's objective based on spelled out math and the fact that the examiner wrote it. @pacmanx1 Although sad, I believe you are correct. I think the "presumption of regularity" needs to be deemed null and void because of what I observed while in the Army and also the quality of my disability claim results. If the margin of error was at an acceptable 5% or less, that's one thing, but getting 70% of them wrong to various degrees and corrected upon appeal, that is indicative of issues.
  2. I would recommend corrective training in lieu of a reprimand every time something goes wrong. It tends to take years to get some claims solved correctly. By that time, things change or the employee might not remember anything. About 70% of my claims required some form of error which took months or even years to get corrected. I am helping with an active claim for a very close family member, but again see the same mistakes being made to them which were made to me 25 years ago. They are simply not taking the time to carefully read the claims evidence and compare that to the laws/regs. VA management is trying to push agents to complete claims while the law simultaneously requires thoroughness. Speed gets numerical results, but simultaneously sacrifices accuracy. Prior to the AMA being enabled, between 2010 and 2019 I did see positive progress because QA would call me to verify they got everything right, which was a very good thing. So many things were fixed at that phase. AMA ditched that process which results in errors making it through and entering the supplemental, HLR, and BVA lanes.
  3. @Dustoff1970 Once the ability to download the letters went live, I downloaded everything which was available. After careful review, I realized that a number of decision letters were not there at all, but they are in my c-file (confirmed when I received a copy a few years ago). I think that however they are cataloging the documents, something got missed or misfiled. I know for certain that a lot of things in my c-file were not stored properly. Probably same issue here.
  4. Welcome to Hadit! Current veteran disability compensation has NOT inflation-correct for decades. Vets are being underpaid by roughly 24%. Per Bureau of Labor Statistics, the median (middle) weekly pay for a full-time US worker is $1,100. This works out at $57,200 per year based upon 52 weeks. However, the pay rate for a 100% veteran without dependents if $3,621.95/month which is $43,463.40/year. This means veterans are being undercut by about $13,000/year (about 24%). Here's a link to the BLS site which was posted on July 18, 2023: https://www.bls.gov/news.release/pdf/wkyeng.pdf On top of that, for years the military recruitment campaigns have repeatedly touted the benefits of military service like getting valuable experience and training to get a let up on the competition. Of course, that is relative to the kind of employment a vet may seek, one might think that a vet would be entitled to 24% more compensation instead of 24% less... @broncovet is spot on about interest on back pay. The VA can make mistakes and finally pay retro without back interest once the errors are corrected. However, if you are late paying taxes, the government will sting you with interest and other penalties.
  5. @Goofy Don't forget about any potential state benefits, if any, but qualifications may vary. My dependents used those to get 4 years of college with free tuition and free books. I had to go to my state VA office and they helped fill out the paperwork.
  6. Regarding property taxes, you will likely need to take your decision letter to your local property tax assessor's office. I just took a copy and told them to keep it. You might have to sign some form for them. If you have a mortgage, they should --probably-- omit the homestead taxes from --future-- payments and lower or eliminate your monthly payments. If you do not have a mortgage, they will probably do the same. I said probably because each state has different laws and do different things. The tax assessor will fill you in. Regarding the ID card, once P&T, it is not the same thing as a VA-issued ID card. This is a bonafide DEERS ID card, but will look different from what you had in service. Mine clearly spells out "100% Disabled American Veteran" with an expiration date of "INDEF". Yep, never expires. However, it does not say "permanent and total". When my wife and kid went to college, I had to take my decision letter when filing for Chapter 35 along with state benefits.
  7. I agree completely. The way they calculate the cost of living changes from year to year does not accurately reflect reality. Of course, where you live or visit can make a different. For example, I was in California last month for a week and 87 gas was in the $6/gallon range, but I filled up today here in Alabama for $2.87/gallon. Like everywhere else, the cost of everything else has went up from 30% to over 100% ranging from food, utilities, gasoline, restaurant, and other store items. My wife got a kids meal at a restaurant and it was over $9, but just three years ago it was about $5.
  8. Searched my c-file PDF which consisted of over 11,000 pages. No text labeled "drop file", but that doesn't say much because the OCR text component used by the VA to make PDFs searchable is not great (likely came from the lowest bidder).
  9. Welcome to Hadit! In your case, I recommend you wait a day or two and see what others here say. Keep in mind you do not have to name a single disability if you are filing for multiple. I have seen vets file for 20 different disabilties in a single letter. You can file for specific disabilties, symptoms, etc..., secondary issues caused by other disabilties, plus side effects of medications used to treat your other disabilties plus even additional issues caused by those, etc... The regional offices will refer them to a C&P examiner to flesh out the specifics if they are unable to do so. A very close family member was in Vietnam for a year and we recently filed his PACT claims for the things he is being treated. It is the usual like hypothyroidism, memory loss, depression, PTSD, acid reflux, lower intestinal disturbance, heart issues, etc..., plus any secondary issues or side effects of his meds. The VA did not ask him for specifics like they did you. They sent him to a C&P exam and then asked him to sign authorization to release medical records from his non-VA docs. I find it a bit odd that they are asking to you do something you have already done.
  10. Here is a link to the Chevron deference-related review case: https://www.scotusblog.com/2023/05/supreme-court-will-consider-major-case-on-power-of-federal-regulatory-agencies Additionally, the CUE ruling forced the VA to completely exclude benefit of the doubt from any CUE claim. If a vet had a moron examine him or misinterpet the laws/regs/policies during claim processing, and they don't identify the issue before the 1 year claim finalization window, then they are basically hosed when it comes to benefit of the doubt. Yeah, they can go back and reopen or try for an EED via liberalizing laws/rulings, but it seriously shackles their ability to truly seek justice. Most vets just blindly trust the system like the way they were told to just follow orders in the military. If they happen to learn they they were wronged, it is too late for an EED and any retroactive benefits... I wonder if the VA workers who said you had no supporting evidence ever received corrective training so they do not continue making the exact same mistakes.
  11. I remember when ebenefits went online. Every time I won a claim, the website either showed nothing or something that was incorrect. You can call the VA and ask if your claims are fully or partially completed and when or if a decision letter was mailed. Until you have a copy of the letter in hand, they will not discuss if you won or lost anything. Keep in mind they may grant some and defer others.
  12. @clarence coskrey Welcome to Hadit! I agree with the good advice posted here by @broncovet and @Dustoff1970. My father retired from the Army in 1990 and was granted a 0% SC rating for abnormal heart rhythm at that time. He recently filed his first set of claims since then, but those should be completed soon. When I brought up filing claims with the VA, he generally responded with avoidance. Look into learning more about effective dates, retroactive compensation payments, and rating protection criteria. You'll see plenty of reasons to consider filing sooner than later. Look into doing an "intent to file" with the VA. It tells the VA you plan to file a disability claim, but gives you one year to formally submit. If you win, your effective date would be back to when you submitted the "intent to file". However, if you don't formally submit, you can still file later, but you would lose your effective date.
  13. @IndySam The same situation for my Vietnam vet father. He retired from the service in 1990 for a 10% knees condition a a 0% SC heart issue. I was after him for years to file under the new Nehmer and PACT criteria. His bent brain was happening and he told me he filed for both, but he didn't. I did get him to file for a claim to hold his place in line, but he forgot to submit the final submission. My mother was not pleased and we got him officially submitted because the VA said he forgot to sign the claim forms. Don't know if the effective dates will hold up though. As others have mentioned, the best course of action is to file and hopefully get SC for your issues. The VA has a lot of conflicting laws, rules and regs, but based on what I personally observed with my claims, I don't anticipate they will backdate your claim unless you have some pretty solid evidence that you 0filed in writing, online, or initiated a claim over the phone. Yes, it is totally wrong, but it feels like the VA tries to use the laws/regs/policies to see if you submitted instead of the more important medical evidence which proves diagnosis of a malady...
  14. I don't know much about investing (still a noob), but Roth IRAs are (currently) post-tax investments which I was told means that when you start withdrawing at a certain age is not subject to additional taxes. Please be aware that I could be completely wrong. Don't trust me when investing your money. I'm not an expert and this is again just my opinion.
  15. @FlyboyLeRoy I was granted a single 100% rating after a heart attack. I already had a single 60% rating for something else and was also granted SMC-S because I could not work. After I recovered and returned to work, they ended up re-evaluating the 100% to reduce it to 60% (that was a required re-eval per the rating criteria) and the SMC-S was removed because I was working again.
  16. After my heart attack, I was stuck with brain fog for a while. They had me on a medication that left me completely drained, but my doc switched me over to Plavix when the time was right and I improved. Still have residual brain fog and memory issues though, but it helped enough for me to return to work. Another thing to ask about is cardio rehab. That made a big difference in regaining some of my strength and energy. Good luck, hope you get to feeling better.
  17. @broncovet That sounds like how I won one of my CUE claims. The VA made up criteria to justify a 10% reduction due to aggravation instead of following the regs saying the pre-service reduction percentage must be in terms of the schedule. @Dustoff1970 I remember asking about my CUEs and a FTCA on the other forum and received the same "you'll never win" responses. I went back and let them know I won one the toughest CUE, the FTCA, and the other CUE is still stuck on appeal.
  18. If you have never filed a CUE before, be sure to read up on it first. As mentioned here, benefit of the doubt/relative equipoise cannot be used. You must show how the VA made the error and also how you would have benefited if not from the error. If the benefit is a simply EED without an increase in compensation, in my unprofessional opinion, I believe that is still a benefit because it gets you closer to the 20 year protections. Keep in mind you must use the laws, regs, and legal rulings in effect at the time the initial decision was made, not what is in effect today unless some liberating laws, regs, legal rulings were made which allow retroactive application (i.e. Nehmer). I was successful with one CUE which resulted in an EED simultaneous with an increased rating percentage. Mine was different because it was a case where the VARO failed to follow the laws/regs in effect at the time when assigning my initial rating for an issue. I have another CUE which has been idling at the BVA waiting to be assigned. In both cases, I boiled my submission down to the facts. I provided the records in possession by the VA. I also provided the exact laws, regs, and legal rulings in effect at the time. Then I explained how the VA made an error, plus the benefit had the error not been made. I kept everything short and to the point and without inserting any of my opinions.
  19. I wonder how this new initiative from the VA would affect my Vietnam vet father's current 0% hypertension rating (effective 1990). He currently has a PACT act claim in for a variety of issues, but the VA is working his claims slowly. Curious if it would be effective going forward or could result in an EED back. I have a feeling this will be go forward only. The VA really needs to fix all 0% ratings to make them a 10% minimum. 0% ratings are like the VA saying you are disabled, but are you really?
  20. To add, it is very important to understand how they rate pre-existing conditions. They are handled differently than other things. They first have to check your entrance exam to see if it was reported and confirmed by the entrance examiner. Just because you report it, doesn't mean it would be diagnosed. If it is not diagnosed at entry, then the VA is supposed to consider that you were in sound condition when you joined. If you get SC granted: Additionally, if the VA grants SC for pre-existing conditions, they must first determine the level of disability percentage when you joined. In many cases for musculoskeletal issues, ROM percentages would need to have been documented. If they are -not- documented, the VA is supposed to consider your level of pre-service disability as 0%. In the rating criteria, scoliosis tends to be rated at 20% or higher depending on if ankylosis is present. Once they have the pre-service percentage figured out, they are supposed to subtract it from the current level of disability. For example, pre-service is 10%, post service is 20%, then that is 20% - 10% = 10% which would be the level of aggravation. I had the VA grant SC for sinusitis/allergic rhinitis at 30%, but the examiner noted that I had likely always had it. The VA reduced it by 10% because of what the examiner. I checked the VA regs and it said that the deductions must be "in terms of the rating schedule". I could not find "always had it" in the rating criteria at the time I filed my claim. I filed a CUE and had it granted under a supplemental claim back to when I initially filed. I just wanted to share that in case you win SC and they try to reduce you. Double-check the regs on aggravated ratings/pre-existing conditions to ensure they don't screw up.
  21. @pro-se Not receiving an increase could be interpreted a few ways. If you qualify to file for a new issue under PACT, get granted SC, your combined rating would be recalculated to see if that increases. It is possible to be rated at 90%, file for (example) for tinnitus and get an additional 10%, but your combined rating could still be 90%. No "increase" overall in combined rating or monthly compensation. Also wanted to explain that pyramiding can disqualify new or increased ratings from increasing your combined rating percentage. For example, hypertension and heart attack can be SC simultaneously. However, because they consider that pyramiding, the VA would use the higher percentage of the two when calculating the combined rating percentage.
  22. @Goofy I'd be surprised if they don't grant you the three months of 100% for the second heart attack. Also, if it prevents you from working, be sure they don't overlook SMC-S while you are out of work. I was already back to work when they finally finished my claim so I got the SMC-S as retro. Also don't forget to file for any side effects of meds you take to treat SC conditions. Part of the consolidation may be due to the VA's stupid "pyramiding" rule. It is possible to get rating percentages for the hypertension and the heart attack, but because they are rated under the same body part, when calculating the combined rating, they would take the higher of the two when calculating your combined disability percentage.
  23. I agree with @pacmanx1. My claim was filed in 2019 and appealed to the BVA (AMA lane) requesting a hearing in early 2021. I had my hearing almost a year ago. Did my monthly status check on va.gov earlier this morning and it is still waiting to be sent to a judge. I know they are trying to finish up the legacy BVA appeals plus special circumstances like terminal, hardship, or vets over 75 years of age quickly. I'm fine with all that as long as they don't do what the VARO and DRO did, which was repeatedly ignore laws, regs, and clearly documented evidence in my records. Additionally, it stinks that the BVA does not have some sort of way to let us know our place in line or even an estimated date of when the decision might occur.
  24. @OIFVETMC When you described your IBS symptoms, did they do any imaging or studies (i.e. x-ray, CT scan, upper/lower GI/colonoscopy)? If they did, obtain and read the findings. I have seen some examiners who skim the results and do not thoroughly report the findings back to the VARO. If you have alternating constipation and the runs, be sure to let them know. That is a subjective complaint (lay statement) and although they don't have to observe the results of you actively taking a dump, they are supposed to consider what you tell them.
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