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vperl
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Posts posted by vperl
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"Thursday 25March2020"
You do mean 2010...right?
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Yes, rumors that the proposed will be posted 25March2010 8:45am
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Rumors of the three Presumptive Proposed rules being published on Federal registry Thursday 25March2010
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is this an actual CFR in the Federal Registry, I cannot find this......
The % are not as the CFR has for regular IHD, yes 60% is about usual, but the Reg fails to mention conditions that boost the rating to 100% automatically....
This I knew might be a problem...
so what is this below ?
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From: "Colonel Dan" <colonel-dan@sbcglobal.net>Add sender to ContactsTo: "Veteran Issues by Colonel Dan" <VeteranIssues@yahoogroups.com>amend
38 CFR part 3 as follows:
PART 3 — ADJUDICATION
Subpart A-Pension, Compensation, and Dependency and Indemnity
Compensation
1. The authority citation for part 3, subpart A continues to read as follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
§ 3.309 [Amended]
2. In § 3.309(e) the listing of diseases is amended as follows:
a. By removing "Chronic lymphocytic leukemia" and adding, in its place, "All
chronic B-cell leukemias (including, but not limited to, hairy-cell leukemia and
chronic lymphocytic leukemia)".
b. By adding "Parkinson's disease" immediately preceding "Acute and subacute
peripheral neuropathy".
c. By adding "Ischemic heart disease (including, but not limited to, acute,
subacute, and old myocardial infarction; atherosclerotic cardiovascular disease
including coronary artery disease (including coronary spasm) and coronary
bypass surgery; and stable, unstable and Prinzmetal's angina)" immediately
following "Hodgkin's disease".
From the previous msg pdf
Vietnam Veteran survivors previously denied
Survivor caseload was determined based on Veteran terminations. Based on
data obtained from PA&I, of the 86,069 previous denials, 16,112 of the Vietnam
Veterans are deceased. Of the deceased population, 13,420 were Veterans
previously denied claims for IHD, 2,165 were denied for hairy cell or B cell
leukemia, and 527 were denied for Parkinson's disease. We assumed that 90
percent of the survivor caseload will be new to the rolls and the remaining ten
percent are currently in receipt of survivor benefits.
Compensation and Pension (C&P) Service assumes the average degree of
disability for both Parkinson's disease and hairy cell/B cell leukemia will be 100
percent, and IHD will be 60 percent. Based on the Combined Rating Table, we
assume Veterans currently not on the rolls would access at the percentages
identified above. For those Veterans currently on the rolls for other serviceconnected
disabilities, we assume they would receive a retroactive award based
on the higher combined disability rating.
__._,_.___
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I think that many feel that VA waits for Vet to die but I think that is something that they don't want either.Once you win your award the VA delivers pretty good service.
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as in burial sevice, 40 years still nothing, the wait is getting silly...
but....I do have my cucumber/avacado sanwiches while I wait, but another 40 years maybe puishing it....
What is your explaination, gross stupidity or just they are having bad past 40 years and were busy ?
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It's good to hear that others feel as I do. If they want to automate claims, fine...but get started doing something now! The need to get regs done and get to work on the claims that have already been filed. Vets and families have been waiting for far too long!
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The VA knows as we all do, they wait for the Vet to die, whoops, no award.... how terrible....
If the Vet were to get 100% and then 10 years later ddie, the wife gets some of the award, so if they put off the award... that pushes the ten years farther out... whoops, no wife benifits after the vet dies... whoops...
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I just left my initial PTSD C&P. It lasted about an hour and a half. I have the CAR, but we still discussed the stressors and full detail. I feel mentally exhausted. I'm glad I took my wife with me cause she was able to add a lot of stuff that I've done since returning that I had forgotten about. It really hurt to hear all those things coming from her mouth, but it was all true. She witness a lot of the nightmares and was able to tell about them and their frequency. She also discussed the violence, the panic attacks, the isolation and so much more. I would have never remembered all that. I'm so glad she went.
Before we left, the Dr said that I'm suffering from severe depression and moderate to severe PTSD.
Now, the VARO wait begins....
**************************d and
buddy of mine took 99 days to get his VA Award for PTSD... 100% P&T
also SMC S for hopusebound and SMC K for loss of creavtive organ, ( he had a wirlitzer)
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Cannot speak for anyone but me, however, having already waited 5 months and seen the VA NOT even put proposed rules up for review ? now anmother 7 months........
That is a joke right ?
seems just the other day the VA announced 9 new presumptives fopr the Gulf war, and gee whiz.. published the very same day the Proposed rules....... go figure
I still wait, 40 plus years and ticking... or not
Just found the following information...new to me:Here's a link to the article:
http://fcw.com/articles/2010/03/10/va-auto...processing.aspx
Here's a link to the VA fast-track news release:
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Someone is trying to help your bud
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how does getting two C&P Exams for PTSD in three weeks help him ?
since the first one upon appeal said he had PTSD pretty bad
and he has a IMO for PTSD in the records
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I had my first c & p exam for ptsd on 2/10 and haven't heard anything until today when i got another letter from the VA with another c&p exam set for 4/19/10. I'm new to all this and it was my understanding that after the first c&p exam the results would be sent to someone to evaluate it and i would be assigned a rating of some sort. Why am I going for another c&p exam for the same thing within a month ? any suggestions or comments. thanks
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guess what I had a buddy get a C&P PTSD Exam last week and the examiner stated to him that the VA wants a second PTSD Exam... .... I've asked around no one seems to know..
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A buddy of mine files for PTSD, was denied, then 6 months later he went to a Privatee Mental Health provideer to diagnos him.
The Private Dianosis showed he had PTSD and gave my buddy a GAF of 40 and wrote he suffered from Moderate PTSD.
Then the VSO for my buddy filed an appeal....
Then the VA ordered a C&P exam, he went to the C&P and was diagnosised with PTSD, and on the end of this exam the Doctor
told him as he went through the file the VA is going to have my buddy do a second C&P PTSD exam from another Doctor.
What is this all about ?
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Hey Rotorhead,
You didn't give up then, so Brother, don't give up now. I'm 59 myself and have days where I would just like to lay down and die. Heart disease, diabetes, copd, chronic bronchitis, depression, and the list goes on.
Sick of the games the government plays? You bet your sweet patut I am. My mother, God bless her soul, said if she new what we had to put up with when we were over there, and then what we received when we got home, she would have done her damness to keep me home.
I served 13 months in the RVN and I would do it again too if asked. We are fighters, warriors, and soldiers of pride.......
Semper Fi,
Jeff
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Jeff, I figure you'll oput last me........ so I will send you a pair of Jungle boots they can bury you in.....
Just my Part for the team... no thanks necessary
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I have been searching for the proposed rules. I assume from reading the odd post that VA has yet to publish the proposal. Is this correct?
I am at sixty percent with a determination of ischemic heart disease pending these rules. I note you remark that there is no asterisk marking the three new presumptives. There is also no active link such as there are for the others and I wonder if that has any meaning for me and a completion of my award claim.
Hoa Binh....
DTI**************************
I filed, sent info, had C&P, and since the VA has not done a thing, NOTHING........\\You and I, and everyone else is screwed, and one thing to point out to you... and all that have filed for one of these 3 AO Presumptives, is... the statutory rules set the RETRO DATE.......
You can bet you ass the Retro date will start no earlier that a couple months from now, unless some one files a legal action to make the retro become your date of filing....
Since there are no Federal Rules posted... we wait for the retro date....
File now, I filed 26Oct09
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Why would anyone care about the the previous posts?
The VA has failed to get off it's self and publish the proposed rules, then the process starts again with the 30 day till hell freese over for the comment period..of undermined duration, and the undetrermanded wail till the final rules are published..
Glad my supply of Iced rasberry tea is large and my supply of avacoda/cucumber sandiches is very large.......
my sandy beach I wait on is warm as usual...
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The DAV, me,. you can post what ever we wish, untill the final rules are published we that have had claims in and have had the C&P for one of the three presumptives still wait, eating cucumber/avacodo sandwiches, with strawberry Iced tea..
We happily await the VA to get off it's self to publish the first step, the PROPOSED Rules....
want a sandwich ?
VA........ what you guys smoking ?
wake up
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Housebound is usually an S Rating and I believe loss of organ is a K
Housebound is a little over 300 a month and K is around 93 and I am guessing although I have an S rating myself mainly cause John999 told me for years to ask for it.
100% P&T With spouce is 2823 and 320 bucks for a S SMC (Housebound ) rate and a K SMC for loss of creative Organ is 96 bucks for a total of 3250 a month
If the rating is moved to a L SMC and a K SMC also, the total is $3573
if I am off it is because I am not a math major..... being a 03
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So as you stated the 100% P&T Plus SMC " C " and losss of creative organ.... $97
I found this about SMC L
Aid & Attendance Allowance An additional benefit paid to veterans, their spouses, surviving spouses and parents. This allowance is paid in all Compensation, Dependency and Indemnity Compensation (DIC) and Pension Programs. It is paid based on the need of aid and attendance by another person or by specific disability. Special Monthly Compensation (L) can at times be designated an aid & attendance benefit.
Eligibility criteria, see 38 CFR §§3.350 (Special Monthly Compensation), 3.351 (Special monthly Dependency and Indemnity Compensation (DIC), death compensation, pension and spouse's compensation ratings), 3.552 (Determining need for aid & attendance, housebound).
See also Special Monthly Compensation (SMC) below.
Rates, see Special Monthly Compensation (SMC), Dependency and Indemnity Compensation (DIC) - Surviving Spouse or Parents, Improved Pension - Disability or Death.
I am making an assumption here-based on the info you posted---he will get 100% comp with SMC at the "S" level (Housebound award) and then additional "K " award for
the loss of or loss of use of the creative organ.
If the VA had awarded a higher level- that will be stated in the actual decision.
Then again maybe he could be eligible for a higher SMC level and they messed that up.
SMC at the higher levels is a complex issue. Lots of SMC info here at hadit.
Does he have loss of use of any joint or extremity that is also a service connected disability?
38 USC 1114 SMC through levels "L" to "O" as well as R-1 and R-2 are" payable for combinations of anatomical loss or loss of use of the extremeties at different levels, blindness, and regular aid and attendance."
They are considered "progressive ratings" that can be built on certain "K" awards.
(Source VBM 2009 Edition by NVLSP page 335.)
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A Buddy of mine got information from DAV, not VA Formal notice, that he was awarded 100% scheduler, and during the total reevaluation his rating were reviewed by C&P.....
he was awarded 100% P&T one single disease and has 150 ( I put the other ratings in the Hadit calculator and the final rating was 83.3%) more percentages for 7 other different reevaluations that are totally separate and different.
loss of creative Organ for SMC and Housebound was granted also...
Question what is the SMC table that he will be awarded ? N, M, L, L1/2
I cannot find the actual wording or which table he will be awarded..... all is very confusing
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A Buddy of mine got information from DAV, not VA Formal notice, that he was awarded 100% scheduler, and during the total reevaluation his rating were reviewed by C&P.....
he was awarded 100% P&T one single disease and has 150 ( I put the other ratings in the Hadit calculator and the final rating was 83.3%) more percentages for 7 other different reevaluations that are totally separate and different.
loss of creative Organ for SMC and Housebound was granted also...
Question what is the SMC table that he will be awarded ? N, M, L, L1/2
I cannot find the actual wording or which table he will be awarded..... all is very confusing
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fresh out of the oven Whole wheat with nuts.
AHHHHHHHH - you'r killing my diverticulosis.
&&&&&&&&&&&&&&
also, with butter and jam..... or make a PBJ
and glass of milk
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Vperl,
A vet is a vet. I'm a Peace time vet and I'll drink the iced coffee and surely partake in a few avocado sandwiches
on fresh bunny bread with a little mayo, salt and pepper.
carlie
What no mustard? I just go to the local Red Mill and get fresh out of the oven Whole wheat with nuts.
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Alot of this also has to do with new regulations being implemented
due to Iraq/Afgan war.
Issues such as TBI or being diagnosed with PTSD WHILE ON active duty.
The adjudication process continues to evolve.
jmho,
carlie
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meanwhile the RVN Vets continue to be dead at 300 a day... while we wait in a cool calm place, iced coffee, and avacado sandwitches.
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And your point is? I hate to say it but that is the way it is. We just have to deal with it.
Just another brick in the wall.
Dont let it get you down. Keep on fighting.
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so you know the VA has a system for the timely execution of VA that is different for different groups of Veterans...
and you ask me what my point is ?
RVN vet have waited 40 plus years and are gunna be gone soon at 300 a day dead every day..
What is my point.....
We will wait, and die.....while OUR, the RVN Vets get the shaft and many could care less
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It all comes out in the wash.
Even though they are adding newer presumptives for GW vets the process will not change and these vets will have the same trouble getting claims approved that RVN vets do.
They have proved that adding a presumptive is on no way a gaurantee of benefits. The process is still the same.
J
"The process is still the same." Well, the process in doing the claims is different for the Iraq/Afganistan vets.
Ask, your VSO, the RO, or a Vet Lawyer if they have heard the term " Two Tier claims process " it is for these 2 groups.
This is not widley known, but is real.
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I'll bet the VA is saying a big HARUMPH HARUMPH to this one. :)
An expression of disdain, disbelief, protest, or dismissal; a huff, grunt, or snort; To dislike, protest, or dismiss; An expression of disdain.
Jeff
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Jeff, I have to get to you and get you straight, no funny stuff in that little bag anymore....
I will not let you have any matches,,,,
I like the idea the law suit might Maker these creations actually speed up or even get retro back to even Feb 2010....
because the way it looks if no one gets involved, your date of retro will start in August or latter of this year.
The VA has no interest in speed, for the RVN vets, The VA has by its own actions has shown this time after time...
Expect to get the first payment while the VA folks are rotating the blood out of your corpse.
s/f
van
2/3 you gotta love it
Reunion ABQ aug2010
Va Seeks Vendor To Automate Agent Orange Claims Processing
in Agent Orange
Posted
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come be a sport, think positive