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Gastone
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Posts posted by Gastone
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You're in your late 60's to mid 70's, so any chance of significant improvement of your Physical (Not Mental) Disabilities being shown in your VMC Med File are slim and none. Have any of your SC Disabilities Improved? The SMC K is worth approx $1248.00 per year, get it or leave it, your Decision.
What specifically are you referring to, "Unfortunately they Lie a lot?" Who, what, when and where?
Could you post a redacted copy of your IU Award?
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Have you attempted to obtain Shore logs from your Ship for the periods in question? Just being a Crew Member on a specific date, doesn't get the "Boots" AO Presumptive. Any pictures of you down in Danang's "Dog Patch" or China Beach?
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J2, if the wheels fall off your car, the buses aren't running, Uber's shut down, you could go on your e-Ben site and file the Increase FDC today. Just logging in and beginning the CLAIM would get you in under the 06/01/2018 Filing Wire.
If you don't have access to your E-Ben site, for whatever reason, just call your POA-VSO and request that they File for The Increase this afternoon, you don't have to be there, that's what the POA is all about.
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Recent Medical Study indicated that there was no difference in Life expectancy of PC Patients that went with "Watchful Waiting" as opposed to Surgery or Radiation.
All Nam Vets know somebody that's had PC Surgery or Radiation and the side effects of both procedures. You're in your early to mid 70's, quality of life needs to be carefully considered. Cancer surgeons like to cut, Cancer Radiologists prefer to Radiate, you're facing a probable Life Changing Choice.
A good friend, PC Radiation back in 07, died 10/17. When the Cancer came back in 2016, it was everywhere. If he got 4 years of minor to medium suffering, I think I'd be exaggerating. I'm in the Watchful Wait Camp, after seeing what he went thru.
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have you started the New Claim for "Increase" on your E-Ben site yet? June 1st is next week, don't drag your feet. Do you work with a POA-VSO? If so, have them file the New Claim.
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Read the 38 CFR 4 for SA 100% Rating. I got my SA Rating bumped to 100% based on a VA Heart Echo showing Cor Pulmonale. Do you have Right Ventricle problems, have you had a Heart Catheterization?
SMC S and above are automatically considered with every Claim Award? I would say the PTSD Nexus is a loser.
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What's the Date of the DRO Hearing? Might be time to sign a POA with a VSO located at your RO, they will provide Rep to accompany you to the Hearing.
What New & Material Evidence have you supplied post-filing of your NOD, that supports each Appealed Issue?
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KC, when your SA (OSA, CSA or MSA Please specify) was DX'd was your BMI 27%+, your Neck 17 in+, a Treatment note re a Large tongue, and observed to have a large abdomen? These are a few of the medically discussed causes of OSA. Have you been put on Supplemental 02 due to Central Apnea episodes?
An opinion from an ENT wouldn't hurt, however, I'd recommend a consult with a non-VA MD/DO Board Certified Neurologist specializing in Pediatric/Adult Sleep Medicine. You wouldn't need a DBQ or IMO, just the Treatment Notes from the Review of your Overnite Study result and his statement regarding your theories of the possible Nexus. All you need is his Treatment Note indicating, "at least as likely as not or "More likely than not."
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My Special Blend is used for Idiopathic Peripheral Neuropathy in my feet.
After I got into this back in 2015, I reviewed a number of "Essential Oil" Alternative Treatment Links, including blogs, Medical articles, Warehouse Price lists and an article regarding the VMC in (GA?) had been offering it on a trial basis. I knew it was working for me and the fact that the VA Signed ON in early 16, supported my beliefs. There are multi-page lists of Essential Oils and what they treat and how they're to be used.
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How about posting a redacted copy of your Rating Letter, all pages. The Rater's discussion regarding Rating Decisions, Authorities and Evidence Reviewed, would be very helpful.
Are you working with a POA-VSO Rep or are did you do a DIY project? Might be prudent to have a sit-down with a POA-VSO Rep to discuss future moves.
You may not be aware that the "Bilateral Rating with the 10% Factor" has been used to determine your CSC. As an illustration, your Bilateral hip SCs are respectively, 20% + 10%= 30% x10% = 3% + 30 = 33%. You won't see this figure on your Rating Letter. it would be in your C-File, that your POA-VSO could view and Print in his office.
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Are you doing this DIY or are you using a POA-VSO? Sounds like you could use a well seasoned VSO-Rep. What type of SA have you been DX with, OSA, CSA or mixed MSA? Has any Sleep Specialist opined as to a possible Etiology of your SA? Is your BMI 27%++, neck 17 in++, Large Tongue, Large Abdomen? Are you using a POA_VSO or doing your Claims as a DIY project? Sounds like you could use the assistance of a Well Seasoned VSO-Rep, could help you get untwisted.
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Thanks for the Get-Back. Your Benefits Summary indicates that your CSC (Combined Service Connection) Rating is 100%. It Appears that you don't have (1) SC Rated at 100% by itself, so a Scheduler Housebound Rating (SMC S) is off the table, as well as an IU Rating. Appears that you've got (3) Dependants and the SMC K Award which would come in at just about your Monthly Comp Rate stated above. You're still South of 55, correct?
What's your SMR Evidence regarding the Back Injury? You just Retired/Separated from active duty 03/2018, you're still in the Presumptive Period ( 1 year), do you have an actual DX (Diagnosis) regarding the back injury?
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It's not Aroma Therapy, it's a combination of (5) "Essential Oils" few Drops each, mixed with a "Carrier Oil" Ahlo Verra and massaged into the painful area.
Back in 16, you could do a walk-in at the VA Pain Clinic (which also does the Acupuncture), for the Essential Oil Mix. Now it's distributed out of the MH Dept and you must get a referral from your PCP. I could see where Aroma Therapy would also be offered for MH conditions, just not sure because I never broached the topic with the MH Nurse that prepares the mix.
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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?
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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.
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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.
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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?
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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.
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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.
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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.
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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.
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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!
Need assistance got DRO Hearing Soon wirh no rep??
in VA Disability Claims Research
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Regarding your June 5 Hearing and getting a VSO Hearing Rep up to speed. My DRO Hearing 06/14 VSO Hearing Specialist hadn't reviewed my appeal until I showed up at the RO 8:30 am. However, he did show up because the VSO HQ Office was Aware of the DRO Hearing.
What to do, what to do? Get on the phone Tuesday 5/29 with the different VSO HQ Offices located at your RO. Whichever VSO has an available DRO Hearing Specialist for 06/05 would probably be a good choice. It might require a pre-06/05 trip to sign a POA, either at the VSO RO HQ or at a VSO Satellite location, possibly at your VMC.
What's your New & Material Evidence that you are sitting on, as opposed to already forwarding to the Rating Dept? Are you just relying on your Lay wants and feelings?