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Gastone

Master Chief Petty Officer
  • Content count

    3,252
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Gastone last won the day on April 30

Gastone had the most liked content!

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1,645 Excellent

About Gastone

  • Rank
    E-9 Master Chief Petty Officer
  • Birthday 08/27/1947

Profile Information

  • Military Rank
    L/Cpl
  • Location
    Troy MI
  • Interests
    Becoming proficient at retirement, Assisting Brother Nam Vets, Being a Grand Father X 6, Visual Appreciation of "ALL"
    Women and Increasing Vet Claims knowledge.

Previous Fields

  • Service Connected Disability
    220%
  • Branch of Service
    USMC BLT 1/26 9Th MAB 68/69 18 months & DONE!
  • Hobby
    E-Fing the area!

Recent Profile Visitors

5,202 profile views
  1. If his PTSD Rating was held for less than (5) years, ONE negative C & P showing Improvement is sufficient for the Rater to Issue an Intent to Reduce his Rating. Appeal the Reduction Immediately, you only have 69 Days from the Reduction Letter Date. His Comp will continue until the Appeal is adjudicated. If it goes against him, you can expect the VA to Clawback the Comp overpayments. Does he have a POA-VSO Representing him, if not, sounds like he needs one, yesterday?
  2. Been getting the "Full Monty," Ears 5 to a side, shins 5 to aside and feet 5 between toes and 4 over rest of each foot. I swear by it, get it done on a monthly or sooner basis. You can tell when it's wearing off. In addition, my VMC MH Dept started 01/2016 offering mixes of different "Essential Oils" (Mine has 5) combined with an Allo Vera Carrier Oil for topical application. This mix does Magic for relieving night foot neuropathy Pain. Also saves me upwards of $45 per month for same approx mix available elsewhere. A non-VA Podiatrist turned me on to the Essential Oils therapy back in early 2015, to the tune of $40 per month for his Proprietary Blend, refused to tell me exactly what his mix was.
  3. Strictly a lay opinion, but a TBI Injury resulting in residuals similar to a Stroke, paralysis and/or speech issues, would result in Secondary TBI Issues not associated with PTSD.
  4. Might be wise to wait on the Pain Filings until you are completely aware of the Risk Vs Reward of filing the "New Claim." Would an additional 0,10 or 20% actually move the Comp up? The only thing you're certain of at this point, Filing any New Claim will open all of your other SC Conditions for Review. With that said, your VMC and or Private Clinician Treatment Notes need to show a history of continuity of Pain complaints and associated treatment. Every time you see a VMC Intake Nurse, your current Pain level is questioned, are you squared away in that regard?
  5. When you get a chance, review the 38 CFR $ Rating Schedule. Max Rating below knee is 40%. See DX code 5256 Knee 30 to 60%, 5270 Ankel max 40, 5276 Flat Feet max 40%. Multiple SC Conditions below the Knee can't be combined to anything greater than the Max 40% per leg beneath the Knee. Also, take a look at 38 CFR 4 (4.68 Amputation Rule), a very interesting read from the SMC L perspective.
  6. My bad, forgot to address your question regarding Max SC Rating of 40%. I haven't looked at the 38 CFR 4 regarding the Rating Schedule for your Chronic Foot, Ankle, and Shinsplint SC conditions. A max rating of 40% could be appropriate, will have to put an eyeball on the Rating Criteria.
  7. It's OK for an NP or PA in the MH Dept to provide treatment and opinion regarding possible TBI Residuals, however, they can't DX a TBI so their completion of a TBI DBQ would be somewhat pointless. Only VA TBI Certified Dr's, Psychiatrist, Psychologist or Physiologists can conduct respective TBI C & P Exams. Same holds true for Contract C & P Services, No PAs or NPs.
  8. Gastone

    Hadit Members In Michigan

    In MI, 2 days of rain is usually followed by MONDAY. 10 yrs at Dingell VMC, great Care. Occasional push-back when requesting specific service or treatment from Jr Staff, but the saying "squeaky wheel gets the Grease," has worked for me. When it comes to Surgery, minor or L & D, I opt for the "Pros from Dover" at Beaumont Royal Oak Mi.
  9. If I may Piggyback on Bronc's post. I had a Vet Buddy in a somewhat similar situation, the only difference is he did use a VSO which after about 4 yrs he became disenchanted with. His pending BVA Hearing involved a relatively Low Retro SMC K and Non-Presumptive AO Hypertension Denial. After his contacting (2) Vet lawyers I had pointed him at, regardless of my pointing out his Low Retro $$ not going to be enticing to the Lawyers, both Firms begged off but Wished Him Well. At that point, he finally agreed to contact my 1st choice for his RETRO $$ situation, the Vet Pro Bono Consortium in DC. They took him on, lost at the BVA and proceeded to the CAVC where they won a Remand for both ED and Hypertension. The Remand Legal Fees Awarded were approx $16K paid directly by the BVA. The Vet later (after about 4 months) got the RO ED SMC K Award, with Retro of about $7K. It's been about 18 months and I haven't heard from him, I believe the AO Hypertension was Denied again, it didn't make it on the 2017 AO presumptive update either.
  10. Is there Evidence of Record regarding your TBI currently in your VA C-File and VMC Treatment Notes? Do you have a copy of your SMR's confirming the TBI Injury and any subsequent associated symptoms and treatment? If so, file an E-Ben TBI FDC Claim referring to and/or attaching your MSR/SMR associated Evidence of Record relating to the TBI. Any external Brain Bucket damage apparent, Scars/Dents? Many TBI Neurological symptoms can also be found under PTSD Ratings. See Berta's recent post regarding VA OIG Report on findings of VA protocols for TBI C & P Exams. No NP's or PA's!
  11. How about posting a redacted copy of your Rating Decisions? Is there anything mentioned in your MHV SA Treatment Notes regarding the possible etiology of your 2016 DX'd OSA? How do you comport with the OSA "Likely Suspects," Neck 17+, BMI 28%+, Large Tongue and sizable stomach?
  12. You won't see the "Bi-Lateral" term on your E-Ben site. As to the 10% Bi-Lateral Factor, you're not quite accurate as to it's application. It's not an additional full 10% added to the SC. In your case, I see (2) Bilateral Conditions rated at 10% SC for both R & L feet and shins. The VA Bilateral Factor is the addition of 10% of the sum of the 2 SC's involved as Bi-Lateral. In your case, each foot is 10% = 20% (+1%) = 21% for your CSC Calculation. Take a moment and run your SC numbers on the Hadit Calculator. 1@30 and 8@10 = 69.87 rounded up to 70%. Your erroneous understanding of the 10% Bilateral calculation would have you picking up an additional 20% for a CSC of 75.89, rounded to 80%. Run 1@ 30, 2@ 21, 4@ 10, you'll see that the CSC is 71.336, rounded down to 70%. Was there anything mentioned in your Award Letter regarding "Bi-Lateral?"
  13. At some point early on in the Appeals Process, you made a Representation Decision to go it alone. From your above post, that decision has not been validated. At this point, you saved 20% of nothing by not obtaining VA Lawyer or Claims Agent Representation. If there isn't enough Retro to interest a VA lawyer or Claims Agent, you might consider the Vet Consortium Pro Bono Service in DC. They'll take you all the way to the CAVC if necessary, for none of your Retro, just the Awarded Legal fees if a Win or Remand is Decided.
  14. Could you post a redacted copy of the complete Award Letter? What is "standard package home care"? As to your legs, in the SMC Description for "Loss of Use" of different appendages, generally; a comparison to the appendage being Amputated is the Rating Standard. From your description, I'd say your legs are of no better use in mobility; then if they had been amputated. AskNod is the SMC Encyclopedia, he's posted here on Hadit and on his AskNod.com site; a very thorough and understandable in-depth discussion of SMC Awards and their respective Rating Criteria.
  15. What makes you think that any condition that is actually "Bi-Lateral" has not already received the "Bi-lateral Factor" when computing your current CSC Rating? Have you filed a VA FOIA request to get a copy of your C-File? It would behoove you to do so at your earliest convenience. You might want to read up on the VA's latest TBI Rating policies. Unless there is a Dent or substantial Scaring, the Residual Neurological Symptoms get the Disability Rating. If you believe any or all of your 09 SC's have worsened, definitely file the FDC Claim for Increase, let the VA C & P Drs and Raters figure it out. How about posting a redacted copy of your 2009 Award? Do you use your VMC for all your Medical care? Have you been referred to the VA Occupational/Physical therapy Dept for your multiple joint problems? When you were initially referred by your VA PCP to the VA Neurology Dept, did you have an EMG performed?
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