Vync

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Join Rattler and me in congratulating Shrek on his promotion to Forum Administrator. I will be training him on the back-end administrative side of the community. 

Dear Community, your patience and understanding during this time have been invaluable.
Some of you may have noticed that HadIt.com was down for several days.
During our transition to a new web host, we encountered some unexpected DNS problems, which unfortunately caused the site to go down for a few days. 
This was not expected and I worked as hard and as fast as I could to restore the site.
We resolved the DNS issue, and everything is running correctly. If you can't access the site, please clear your history and refresh.
Sorry for the glitch, but not everything always goes as expected.
For those who last visited us a while ago, now would be a great time to get reacquainted. 
Thank you
Tbird
Founder HadIt.com Veterans
VP IT HadIt.com Veterans

Vync - I'd just about decided to give up on the SMC, after 20+yrs, when I got the award decision letter.  It really floored me that day!!!  Amazing surprise!!!!  The VA rarely awards the vet what they should get.  

Wait, what? I thought the 100% schedular rating must be a single (sole) disability rating? When the BVA awarded my TDIU rating they added it to my 100% schedular rating and awarded me an EED prior to my 100% rating and absolutely no mention of SMC award. What am I missing? 

Only my first name and SSN and C number were redacted.  Finally, I got some items that were in my file that were prejudiced against me redacted.  Like someone's NJP that was from a base in Greece that I had never been to and a note from  a C&P examination that was obviously about someone else and their last 4.
My C&P file suffered redactions by the total removal of needed seizure clinic and back clinic files and some letters by me to the VA.  The only redactions I saw were errors.  And anything redacted that you want to know why you can request a review of the redaction and an explanation which I believe will be some error of some kind.  If the redaction that is reported as favorable to you, but you believe it is unfavorable, you can ask the BVA to review it if you have a claim before the BVA.

Your nexus letter should include all of the following:
1.  The CV of the doctor/physican/medical professional.  You need to demonstate this physician is a competetent witness, and has significant training and experience diagnosing and treating your type of disorders.  If you want an opinion on your back injury, dont seek that from a Psychiatrist.    The VA probably does not know your doctors level of expertise.  
2.  The doctor needs to state "he reviewed your medical history".  You probably are not interested in my opinion of "Star Wars" movie, if I have never seen it.  A medical exam without knowing the patient history is not that useful.  
3.  The nexus opinion needs to be specific, not vague or speculative.  Avoid "Could be/may be/might be" caused by an injury in military service.  Instead, use "In my professional opinion its at least as likely as not that the Veterans (diagnosis) was caused from his injury in military service".  
4.  Give a medical rationale as to why the doctor rendered such an opinion.  As an example, "a 2019 study by Harvard University showed that 88 percent of patients with fractured knees eventually had arthritis of that knee within 10 years."  
     I did not see all of these things in the samples.   The doctor needs to sign it.  

It would take a complete review of the file to know for sure, but this sounds like "just one more" bogus denial to me.  VA often denies for bogus reasons.  Please   Allow an example:
The US Supreme Court Justice, Roberts, was "suprised" to hear that the VA persues claims "against the Veteran" (from a legal perspective) that are "substantially unjustified" way more than half the time..  
I will explain.  At the CAVC (Court of Veterans Claims) level of appeal, Veterans are often represented by an attorney.  And, if the Veteran wins, or even gets a remand, the EAJA pays the VEterans attorney fees "if the VA took a position against the Veteran that was substantially unjustified".  This is most of the time!   Frankly, a Veteran can send a law firm a BVA decision and, if the law firm discovers an error (often) they will take the case "with no out of pocket money from the Veteran ever" because they know the VA often takes a "substantially unjustifed" (aka bogus) position agains the Veteran.  
The reason the VA does this is "because they can" and because it often works.  It works because many/most Vets dont appeal.  And, even among those WHO DO APPEAL, the VA delays it so long the VEteran often dies, or gets so sick he can no longer continue, or just plain gets frustrated and gives up.    Even when VA loses, They win.  Why?  because the VA has just gotten a 0 percent interest loan on the money.  I wish I could borrow money at zero percent interest!   
My advice is you probably need to appeal.  To appeal you begin by filing a Notice of disagreement.  https://www.va.gov/find-forms/about-form-20-0998/

Hello Vync
Sorry, after review it was a Legacy appeal.

Congratulations!   
Where did you receive this notice "online"?  Did your VSO/attorney send you an email?  Did you find it on ebenefits/va.gov?  
The procedure is that the BVA grants the remand (Im assuming this was remanded to the BVA from the CAVC), and then the VARO "implements" the BVA remand with a disability percentage and effective date.  
This can take about 2 to 6 more months, but it can be quicker or slower than that.  If you are not already set up for payments to be electronically deposited to your checking account, this would be a good time to arrange that.  (One of my BVA grants was implemented in just 2 weeks.). 

Hello Vync
No legacy

I totally agree with Vync.   I have been treated for pain at the VA for over 20 years.  The VA has steadily reduced my pain meds with zero other realistic options for pain control.  They gave me anti-depressants. I suffer pain and it has nothing to do with psychological issues.  The whole thing is the VA is scared of the DEA.  When in doubt throw the vets under the bus.

Hello PacmanX1
Thanks for the info I will be looking forward to see the answer.
Its only been 5 yrs. so a few more months should be a breeze, lol
 

Once the BVA grants service connection it can be returned to the regional office or the DROC-DC or even the intake center. You should get your notification letter from the BVA in a few weeks to a few months and you should get your official notification letter rating your disabilities and effective dates and any retroactive pay due. Pay close attention to both of these in each disability. If you disagree with anything you are going to have to file a new appeal. 
 

Hello all
I just received notice online that my 4 remands that the VARO denied after QTC records review and then returned to BVA were all approved by the BVA today.
Who awards the percentage for these claims?
Currently nothing showing in ebenefits.
Thanks for any info.
 

There is a problem with pain level reporting.  I first define my pain level.  And how long I can go with it without committing suicide for relief.  I have to explain that depression is used to suppress the pain level which means my face does not show it the way the addicts fake it to work them for meds.  5 continuous for weeks is enough to drive you over the edge from there it only shortens the time before you are looking for that finale exit.
Fortunately for me, Keppra, my seizure medication enhances my pain medication as well as reducing pain.  I have not had a level 5 since I began taking more than twice.  The longest lasting once was when I fell and fractured my knee cap.  It took a day before I started feeling the fracture pain and because it was a broken bone, I got more than I needed.  I will have to throw the left over away in another year or so.
As the suicide rate rises again, there will be a new look at whether it is better to occasionally give an addict his fix rather than miss someone who really need the pain med.  Yes the problem with back pain is that the source is not always seen on radiographic reports.
I have MRI reports two weeks apart on my neck.  The one done by a resident in training and signed off by his supervisor showed a lot of stenosis as the source of my pain.  The other, read by a VA contractor showed no stenosis on an MRI of the neck by a different VA only a week later because the neurosurgeon wanted his on MRI to look at and the earlier one was not in the record yet.  The problem with the readings may only be how much the two different sources pay for their software.  The better the software the more you can see.
In Japan the software is Nationalized.  The research is done at state Universities.  And every level of physician has the best software.  Not so here in the land of the big Px.  Most clinics cannot afford the best and the only time you get the best reading is if you go to a VA that works in association with a land grant university medical school.

As explained above, if one or more VA employees/providers wrote down the incorrect pain level, then you could/should have it corrected.   Its my opinion you are better off not to "attack" the individual involved, but instead simply explain that you did not make yourself clear; your pain level was a level xx not a level a, as indicated by the medical records.  
The pain level, is a level judged "by you",  not by others.  

Veterans have a right to amend their medical records if there are errors.  You should exercise such a right, if applicable.  The regulation follows:
https://www.law.cornell.edu/cfr/text/38/1.579
In relevant part:
 

Back around 2000 the VA was handing out dope like candy.  Now I can't even get an increase in the little pills that are 5% Oxycodone.  At one time I had a script for Morphine and Oxycodone.  It turned my guts to concrete and I told the VA to back off with the Morphine.  Then they put me on Fentanyl strips.  That was ineffective as well.  When I complained they reduced everything.

This is a familiar problem with both the VA and private doctors.  In a nutshell, the government is "going after" doctors who prescribe too much pain medications (aka vicodin, oxy, etc, the real pain meds), and, in response the doc's pretty much quit writing pain med prescriptions except for 3 instances:
1.  If you see a pain clinic, who monitors carefully your use with frequent blood checks to make sure you are not getting it also from other docs.  
2.  If you have had surgery, your surgeon will prescribe pain meds (opiates) on a limited basis for post surgical pain.  
3.  When you are in the hospital.  
    
     Its a huge problem.   A few years ago, VA handed out Vicodin as if it were candy.  Problem was, people became addicted, and often turned to street drugs when docs cut them off.    Some Veterans have turned to edible marijuana, such as gummies, as it tends to offer "some people" pain relief for some conditions, and, its legal in most states now.  I checked and Florida is one where medical marijuana is legal.  
That, too, is problematic.  Even tho marijuana is legal in "way over half" the states" it is still Federally illegal, so VA generally wont prescribe or dispense it.  However, I did read about a pilot program where its being tested at the VA, but dont hold your breath.  
      THE BIGGEST PROBLEM:  Since doctors wont prescribe pain meds, it drives people to obtain street drugs and those are often dangerous and even deadly, since many are laced with fentanyl.  
      For ME, what I do is use (legal) herbal supplements which are often superior to chemical pills.  You would need to either see a herbal specialist, read a bunch online, and/or sometimes health food stores can be very helpful, at least some of them.  Herbal supplements are not without risks, however, and you do not to be careful there too..there are scams.  
     In my opinion there are scams with BOTH herb supplements AND pharmaceuticals.  The Vicodin fiasco was a famous one, and, if "FDA approval" was so good, how come drugs get approved, then removed from the market sometimes just a few years later?  Did they not do a good job with studying it the first time?  
    Herbs mostly come "out of pocket".  But they are generally far less expensive than many/most pharmaceuticals, and often safer.  Its your life, and you make your own choices, but whenever I have a choice, I choose supplements first, and only then will I turn to pharmaceticals.  And, I try more than one supplement, too.    My health care is generally a "blend" of pharmaceuticals and herbs.  Remember, tho:  Doctors dont like Herbs, and Herbalists dont like pharmaceuticals.    Medical schools are mostly funded by pharmaceutical companies.  FDA generally does not approve herbs, in no small part, because herbs can not be patented.  So, a company wont spend 100,000,000 dollars to reseach say, Pau D' Arco because anyone can sell it.  Its sad that more research is not there for herbs, but the law does not allow a plant (herb) to be patented.  
    Some pharmaceuticals extract the main ingredient of plants and research those, sometimes combined with other stuff.  
    Its a big reason health care is a mess in America.  Prescription drugs are the third leading killer of people in the USA, according to at least one site:  Its not "just" pain meds, either.  
https://www.riscassi-davis.com/blog/2022/april/death-from-prescription-drugs/

Finally, still another example is your VSO or representative.  
Most Veterans sign "stacks of paperwork" and dont read every word, ever.  I did.  
Maybe your VSO was sharp and saw a medical report and said, "gee, that Vet has a diagnosis of tinnitus", I will include that also.  
He may or may not have explained that to you, and you may or may not have remembered his explanation that happened months or years ago.  
 
The same thing often happens when you buy insurance or a car, or whatever.  You may get tired of listening to his talking.  Insurance agents often include something called "waiver of premiiums".   Do they always tell  you?  No.  You may not want to hear it all!  You may get a headache when they start talking about double indeminty comprehnesive, other than collision, and a bunch of other stuff you dont know or care what it means.  So, you dont ask.
So, you bought waiver of premiums.  3 years later, you get in a car accident and are disabled.  Your agent calls, noticing you stopped paying the premiums.  You respond that you cant, you are disabled.   The agent informs you that he included "waiver of premiums" which means your premiums are paid by the insurance company when you become disabled!   You are happy!   You get to keep your insurance without paying!  And you did not know what waiver of premiums meant, but your agent did, and he included it.  

Maybe.  There is such a thing as an "inferred claim".   While those are mostly not allowed CURRENLTY, in the past inferred claims were common.  
A great example is:
   You apply for PTSD.  You speak with the doctor, AND you tell him you are unable to work because of your PTSD.  Your doctor docutments this.  This could be considered an INFORMAL or inferred claim for INCREASE for TDIU.  
   Many Veterans, especially those with PTSD or other mental health disorders dont know the difference between TDIU and an IOU.  The VA is supposed to have a Liberal interepretation of his claim for benefits, and its highly likely telling his doctor this, could be construed as a claim for tdiu.  
   In many instances, the VA would be required to send the Veteran a TDIU claim form.  But, what if they dont?  
    Chances are pretty good, the Veteran "eventually" runs into a competent VSO or someone else who may explain to him that he/she should apply for tdiu.  So, lets say he does.  He could well get an effective date much earlier, since his statment to the doctor could have been construed as a claim for tdiu.  
 
   There are other examples, too.  Many of those involve Veterans "not understanding" a diagnosis.  
A DRO "could" view a diagnosis on a medial report "you did not apply for" because, for one thing, you may not have known you had the disorder" and applied for you.  The vA has a duty to maximize benefits, and its presumed the Veteran, when applying for benefits is seeking the max.  

The VA can reduce your rating "regardless" (independent of) whether or not you apply for an increase.   "If" the VA does not comply with the regulations, the Veteran can hold them to them by:
A.  Asking for a hearing in a proposed reduction.  
     If there is no proposed reduction, then VA did not comply with their own regulations.  
B.   Appealing a reduction "in the event" that you can not defeat it before it even happens with the proposed reduction.  
    Source:   I have had the VA do proposed reductions on me TWICE.  NEITHER time had I applied for an increase.  
I easily beat the proposed reductions before they became final. The VA must give 60 days notice of proposed reduction, see below.  I simply wrote a letter, with applicable evidence, explaining why a reduction was not warranted.  The VA wrote back, and said that the proposed reduction would not take place, that my rating would remain unchanged times 2.  
Source:  38 CFR 3.105 e:
 

The VA has "hoops" to jump through to try to reduce your 100 percent p and T rating.  Generally, it means that your condition "not only" has to show improvement, but it has to show SUSTAINTED improvement (not just improvement on one exam or on one day) "under ordinary conditions of life" which are not due to Sustained rest.  
Read it yourself:
https://www.law.cornell.edu/cfr/text/38/3.344
I have read it at least 20 times.  NOWHERE does it say anything close to "When a Veteran applies for an increase, reduce his rating instead".  
 
That is an old wives tale.  Snake oil.   Dont buy that snake oil.  Instead, apply for any benefits to which you deserve.  The VA can reduce your benefits, but NEVER just solely based on you applying for an increase.  They have to comply with the regulation, above.  And, if they dont, you can protest the proposed reduction, or appeal it if they do reduce it.  

I posted this several years ago.  P & T ratings are only granted or awarded when a veteran has a disability or disabilities that is likely going to exist and last for the rest of the veteran's lifetime. I have been P & T for well over a decade and was granted several EEDs (Earlier Effective Dates) and the VA/BVA/CAVC (Regional Office/Board of Appeals/Court of Appeals) has said nothing about me losing my P & T, in fact that has been back dated also.