Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
Gastone
-
Posts
3,448 -
Joined
-
Last visited
-
Days Won
97
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by Gastone
-
-
If she reports on her yearly IU anniversary date 21-4140 that she has been employed (Self-Employed) for 12 Consecutive Months, earning in excess of $12,880 for the 12 month period, she can expect a full court press from the Rating Dept. If she's self-employed, what she reports as her Net Income will be the Earned Income figure she uses.
-
Sov, I see no indication of an SMC S (60% Scheduler Housebound) Award. Your CSC is 90%, which of your individual SC's did you attribute as to the cause of your IU?
Is an SMC K ($104) included in the $3139.67?
-
J-999, check your IU Award Letter, what SC's are listed as the basis for the IU Award. The VA just recently, last couple years, required Vets to list the Primary cause of their IU.
In years prior to the above IU requirement, ill-informed Vets (ME) or their POA-VSO would list all their relatively severe SC's as the basis for their IU, thus taking the included SCs off the table as far as SMC S (60% Scheduler Housebound).
-
The SMC K, as far as Male Vets are concerned, is generally Awarded to address ED, loss of use of a productive organ. A Vet, male or female, can have multiple "K" Awards.
SC Neuropathies (Bi-Lateral) if eligible, are addressed with the SMC L Award when the appendages function no better than if amputated.
-
That said (no single 100% SC), even if you were to receive the New SA 50% SC, regardless of the Scheduler CSC total, you would continue to be Rated as IU with the SMC S.
-
I'm just saying that it's not an automatic change from IU to Scheduler. The Rater has to consider which Rating avails you of the greatest Award. In your case, I think it's the IU with SMC S.
If you're currently IU and SMC S, in order to continue the SMC S with a Scheduler 100% CSC, you have to have (1) ONE SC that is Rated as 100% by itself, with the additional SC's have a separate CSC of 60%.
Correct me if I'm wrong, you neither currently have, nor are you in line for a single New SC Rated by itself as 100%.
-
Per VA Reg, you won't automatically be made Scheduler 100% because of this "New Award." The Rater has to determine if using this New SA 50% SC, combined with one or more of your other Non-IU Issues would have a separate CSC of 60%, making you eligible for SMC S (Housebound) additional $34?.00 per mos. If that were the case, your IU Rating gives you the largest Comp amount and would continue.
-
Buck, regardless of the content of the missing C-File Documents, there's no Good reason to poke the Hornet's Nest.
You have no New or Increase Claims in the works, you're IU T & P No Future Exams. I don't recall if you have SMC S or not, but barring an "S" Claim, I see no reason to send anything into the Rating Dept other than the IU Anniversary Date 21-4140 yearly Filing.
-
Have you started an E-Ben Secondary SA Claim to establish your File Date or filed an official "Intent to File?"
You're going for the "Reverse Nexus," right? Don't drag your feet on the New Claim filing, this won't be Awarded at the RO Level. This "Reverse Nexus" Claim is destined for the BVA.
-
Have you filed the Secondary SA FDC yet? If not, "you're Burning Daylight!"
-
I did the VMC MH Dept PTSD Group Therapy sessions back in 2010, headed by a VA MH LCSW.
about 13 of us Nam Vets met with her twice weekly for about 21/2 years. once a month, each group member would also do a 1 on 1 with her. Group members that were under a psychiatrist care also had to attend their regular sessions. The "Homework" you mention sounds the same and was probably the least enjoyable part of the Group Sessions. Practicing the different Coping Skills can be very helpful. If your PTSD 70% Award is less than 5 years old, the VMC MH Treatment Notes completed after every session, could become problematic for a C-File Diary Dated PTSD Review.
-
From what I recall, the BVA was twisted because of the Subsequent Raters discussion saying the DX Depression SC which was Awarded (6+-?) years after his Chronic Morbid Obesity was actually DX'd and treated.
The RO's failure (for whatever reason) to answer the BVA's specific questions resulted in the Award. This is the "First Reverse Nexus" I've seen. Worked for this Vet, just keep in mind this Decision is not Precedent Setting.
-
TK, the BVA gave the RO a chance to correct themselves and their Failure to do so, got him the SA Secondary to Depression Award.
This was from a 2013 Decision, the reason for the RO's Failure to comply with the BVA for Clarification is a mystery. Intentional or accident?
-
Get the Free VMC EMG, it's the "Gold Standard" for DXing Idiopathic or Injury resultant Peripheral Neuropathy. You'll get all the Needles and Electrical pulses necessary to determine exactly which nerve(s) are affected. The results of your EMG and the Specialist's Interpretation Report will allow unless an Idiopathic PN Determination is made, a Secondary Back issue Claim.
-
TK, get hot on tracking down the BVA Docket Numbers of the (2) SA Secondary to Gross Obesity, they aren't precedent setting, but you need them for specific reference. You found them once, shouldn't be that difficult.
-
Tk3, your source information for the "several Vets with much weaker and farfetched" SA Claims Awards statement is?
C & P Examiners don't "Grant the Case," they're tasked solely with completing an SA DBQ. The RO Rater, and if necessary the DRO, BVA Judge or CAVC is the final Arbiter of your SA Claim.
Unless it's hidden somewhere in the 38 CFR 4, there is no "Obesity" SC Rating. Claiming your recently DX'd OSA as Secondary to a Non-secondary SC'd BMI of 32% is very problematic. Of course, you're aware that filing this New SA Secondary Claim will prompt an RO Review of your other SC conditions as well, any chance of a Reduction?
-
R1954, my comment regarding "Possible Assistance needed" was directed to Chgo being it is his post.
Not all Vets want to spend "Years researching and Fighting" the VA. Depending on Chgo's actual CSC before rounding to 90%, employing a VA Claims Agent or VA Attorney with a successful SA Appeals Record may be very worth his while, should his SA Claim be Denied.
Chgo, have you filed the SA as Direct based on "Burn Pit Exposure" or Secondary to PTSD yet?
What has your VSO-POA Rep advised you to do?
-
You don't use a VMC PCP for Rxs or follow-up treatment, for anything? Not sure about MRI or Xray being considered as definitive tests for Diagnosing (DXing) Peripheral Neuropathy.
At a CSC 50%, you have free access to your VMC, might want to get a VA Neurologist involved now, rather than later.
If you already have a VMC PCP, you could request the Referal to a VA Neurologist and EMG Test via your My Healthy Vet Secure Messaging. Request that your Private Ortho. Dr provides your Med Recs to the VMC, you'll need to sign a HIPPA Release form for the transfer.
-
You do have a VA Neurologist, correct? Unless requirements have changed, your PCP must order an EMG Study prior to the Neurology Referal for Neuropathy. The EMG Results will confirm the PN Diagnosis as well as which nerves are involved.
With a PN DX and the EMG as supporting evidence of a Secondary Claim, an FDC Filing should be in order. Does the condition affect both Legs? If so, you'll be looking at a Bi-lateral Award (additional 10% of Leg CSC Rating).
-
60 mos Retro or 100% SC with no Dependants is about $174K+/-, about $140K after VA Lawyer Fee.
Your above post indicates (1) Cardiac Condition, is it 100% By itself, or is the 100% SC an IU Award? If any of your other claimed SC Issues get separate SC Awards, are not related to the IU Award and have a separate CSC of 60%; SMC S Housebound will be Awarded also. About $342 per mos.
-
Excellent info, thanks. What is/was your CSC (Combined Service Connected) Rating (%) at the time of your Claim/Denial?
-
Big difference between Active Duty Military dependents and Vet dependants.
Take Disney World, one level discount for Active Duty, another for Vets, then the BIG Discount for Vets 100% with a DOD ID Card. Max (6) Tickets per family per year.
Red Robin Gourmet Burgers Locations. Colorado. Illinois. Maryland. Washington. Massachusetts. Arizona. North Carolina. Iowa. MI. and Tx. Just found out, been a customer for 15+ yrs, has a standard 10% Military/Vet discount, but if you ask they also offer a 20% and a 25% Discount that most of the Managers aren't aware of. They actually have to pull up the Military Discount Screen on the Computer Register to apply the 20 or 25% Discount. If your wife has a Dependant DOD ID Card, she also gets the 25%.
-
Take us to school, how long between your Denial, DRO Hearing, the DRO Denial Letter and the Date your Appeal was Certified and forwarded to the BVA for Docketing?
My 06/14 DRO Hearing took 4.25 years before it made it to the "On Deck Circle." I decided on an Informal Hearing, finished the Hearing in 35 min, all issues from 2010 NOD awarded as well as a 2012 IU Denial. Had the DRO Award Letter that afternoon, Retro Hit about 2 weeks later, E-Ben updated shortly thereafter. Actual Award Letter took about 6 weeks.
-
Only your Bank offers real-time Account Transaction info, not your E-Ben account. With your Bank, log into your Direct Deposit Checking/Debit account. Up at the top should be a drop-down menu for preferences, including notifications.
The real-time texts are great not only for your long-awaited Retro Deposit heads-up but also for the everyday info on all Deposit and Debit Transactions as they post.
C&P Exam interpretation
in Veterans Compensation & Pension Exams
Posted
Not good. The Rater's discussion of over-reporting symptoms is very problematic.
This was definitely not a supportive DBQ, and drastically questions the veracity of your self-reporting of symptomology.
It says your already SC'd for the MH issue in question. I take it, this DBQ is either the result of an Increase Filing or a SR Rater's Quality Review of the MH SC Award Decision.