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Jim MAC
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Posts posted by Jim MAC
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I was reading that there is a bill trying to be passed allowing space a travel for disabled vets. Has anyone heard if this bill was passed or may get passed? Also, are we allowed to use billeting on bases or places like Bellows Beach in Hawaii? Vicky
The bill is being put up again this year I read it in this weeks AF time. It is being sponsierd by Sen Daniel Inouye D-Hawaii. The bill he is sponsring is S66 for space avabile flights. You can connect your senators and ask them to sign on. I don't see what the problem is is does not cost the DOD a dime to allow a disabled Vet Space A travel. You will be a priorty six like us ROFS from the miltiray(retired old folks) who are retired. This bill might have a chance this year due to the good senator now being made the chairmen of the apporaptions commitee which overseas all funding for federal agenceys.
Jim
Source Air Force Times
date 16 feb 09 page 6
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Sorry to here what u are going thru. I used to be able to get a 90 day supply of meds at a time. Now here in Virgina I am told I can only get a 30 day supply at a time. I was told the VA changed the rules so every 25 days I drive to the VA clinic wait 3 hours to speak to a nurse who ask the Dr if I can have a refill. I tried calling the VA medical center but nobody picks up the phone.
Jim
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Run it through spell check a couple of typos. Don't take this wrong but you need more evidence to get the VARO to take a second look. Perhaps you should go to the hearing. Take a good look at your C&P it will tell you if you need your own IMO.
Ask your Doc at VA to help you.
Pete
Pete
thats the problem the only C+P exam I got was for my sinuistis which went from 0 to 10 percent. All I want them to due is look at my medical records from there own Drs.
I receive 10 percent for cervical spondyloarthrothropathy. I don't know what that means I claimned neck and schoulder pain. Thats what they told me it was. I just know its gottem worse know up to 4 pills a day of oxicodine so I can get my butt to work
jim
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Finished the NOD today. I know I schould have done it a while ago but was so made I trew it in the closet and forgot about it. When I read thru it today and seeen they did not even look at the medical records from the VAMC got a little pissed off
Jim
So what do you guys and girls think I value your judgement
Department Of Veterans Affairs
VA Regional Office
210 Franklin RD
Roanoke VA 24011
Dear Sir
Reply to xxxxxxxxxxx
1, I received a rating decision dated 2 August 2008. Consider this letter to be an official “Notice of Disagreement” (NOD) regarding the following Decision. I am requesting a DE NOVO review by a new Decision review officer. I wish that the new Decision review officer use Sec. 4.3 Resolution of reasonable doubt. It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant
2. My shoulder, Sinusitis and back condition have gotten worse. I received all of my treatment both scheduled and emergency room at the VA Medical center in Hampton Virginia. Yet when I look at the list of evidence used to decide my case my records from the VA medical records are not included/
3. My claim for tension headaches was decided without a C+ P exam or a review of my medical records at the VA medial center in Hampton
4. I have no other records other then the ones at the VA medical center please expedite this claim I have enclosed a copy of my DD form 215 which shows I am a Veteran of the Global war on terrorism
5. I fully intend to continue to appeal any further denials of this claim
V/R
JIM MAC
VA Claim Number xxxxxxxxx
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Congrats could not beleive it has happened that fast for you spend the retro wisely
Jim
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Skunk,
can only hope and pray that this eases some of the stress for you,,,,,,
hang in there,
SFC
do your self a favor call the 1800 number and ask what your current rateing is. I always had sucess what that. They might not say what your were rated on in each item but they can tell u wahat your current rateing is
Good Luck my brother
Jim
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JimMac-
I tend to play "devil's advocate" on here alot. You said they (the evil VA) told you up front your 100% rating was temporary and would be ending Feb 09. So this was no surprise to you. OK.
The thing that has you most upset is that they haven't scheduled you for an exam.
Would a C&P exam actually look for more cancer?
Perhaps you just haven't gotten the letter yet (as it's only the beginning of Feb)?
What did your last biopsy show? Did it show clean borders so is the VA basing it on that and expecting you to schedule your own exam with your Doc? (perhaps a mis-understanding in the letter).
Just some other things to consider.....
Perple no problem
Thats why i am upset they showed have given me another Biopsey the reg clearly states I am reuired a mandatory examantion after 6 months. Tried calling the VAMC to make one myself can;t get thru the phones. Give me my exam and I biopsey make sure I am cured the cut it.
Jim
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"I found out I was back to 80 percent by calling the 1800"
they could be reading the screen wrong- in any event there has to be significant medical improvement in regards to any proposed reduction rating.
"This is the same VA office that left me at 0 percent for my skin cancer for 4 years saying I was cured. Now 5 operations latter I am rated at 30 percent for disfigurment"
GEEZ- that does not sound right at all-
Did you appeal their last decision regarding the "0" %?
I bet this happens more than we know. A vet gets a rating and then the disability progresses with time but only when they re-open their claim can that generate a better rating.
VA also can give Staged ratings to show a progression of disabling factors.
I dont see many staged rating awards.
This recent BVA decision shows how they work.It looks as though the veteran himself asked for the staged ratings.
Berta
I applead the o percent with a NOD they went back to the third operation in January of 2008 and paid me Temp 100 percent rateing for a little over a year. I received that descion in Dec 2008 going to file a appeal today I beleive they screwd me out of a little over a 1 year reto. While my NOD was in had 3 more operations and was raised to the temp 100 percent. Just mad all I want is to be sure I am 100 percent cured before they adujst my rateing here is the reg they sent me. Remember my last operation was on january 25.
7818 Malignant skin neoplasms (other than malignant melanoma):
Rate as disfigurement of the head, face, or neck (DC 7800), scars (DC’s 7801, 7802,
7803, 7804, or7805), or impairment of function.
Note: If a skin malignancy requires therapy that is comparable to that used for
systemic malignancies, i.e., systemic chemotherapy, X-ray therapy more
extensive than to the skin, or surgery more extensive than wide local excision,
a 100-percent evaluation will be assigned from the date of onset of treatment,
and will continue, with a mandatory VA examination six months following
the completion of such antineoplastic treatment, and any change in evaluation
based upon that or any subsequent examination will be subject to the
provisions of §3.105(e) of this chapter. If there has been no local recurrence
or metastasis, evaluation will then be made on residuals. If treatment is
confined to the skin, the provisions for a 100-percent evaluation do not
apply.
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Guys
I really did not mind the reduction if I am cancer free thats the way its supposed to be. I just want them to follow there own rules. Give me a appt give me another biopsey let me know I have no cancer let me have piece of mind. John I am still working I do not know how much longer I can due it vecause of my SC back and neck I want to work at least 2 more years and be debt free.
Jim
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On the evening of Jan 17, 2009 I went to the
main post office in Tampa, Fl. and mailed out my
rebuttal to the AMC, certified mail, return receipt requested.
Today, Feb. 3rd, I just got the return receipt showing it
was delivered and signed for by
Margaret Harrison on Jan 28, 2009.
Now I just hope the AMC doesn't say I did not respond in a timely manner.
At least I have the Certified Mail Receipt that shows it was mailed out Jan 17, 2009.
carlie
Wish you luck carlie there new excuse will be that Margaret Harrison does not work here never worked here she was a temp volunter and they are not responabile for her and the paperwork was lost. Hope you know I and my wife are praying for u told her what you were going thru. Thats one of the reason I come to hadit. When I am pissed of at the VA I come here and get inspired by you people who never quit. Good Luck carlie
Jim
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Ok
I was rated at 100 percent backdated from Jan 08 thru Feb 1st 09 No problem with that. Here is where I get mad in my Statement of case it said I would be 100 percent intil Feb 1st 09 ok no problem there. Then what do you ask is the problem? In my statement of case it said that i was to be rexamined after 6 months guess what no exmation. This is the same VA office that left me at 0 percent for my skin cancer for 4 years saying I was cured. Now 5 operations latter I am rated at 30 percent for disfigurment but we all know 80 plus 30 does not = 90 in VA math. but 50 plus 30 plus 30 plus 10 plus 10 plus 10 plus 10 = 80 No wonder I can not help my 5 year old with her math homework from kindergarden
My question and I know that I am rambling is can they cut my disabilty without a follow up to make sure I am cured? I mean there own regs say a mandatory follow up at the VA
Thanks all
Jim
PS I found out I was back to 80 percent by calling the 1800 you are screwd if you think we will give you the truth number
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I am trying to help a Vietnam Vet ( my old Boss.) He is currently rated at 80 percent in VA math 60+30+20+10. He was just approved for the 20 percent for type II Diabetes for Herbicide Exposure. He was also turned down for I.U we are working on his NOD. I want him to go straight to a DRO hearing since I have had lots of luck there. Is there a way to ask for a hardship to make it go quicker? He lost his job due to them closing the place where he works and no one will touch him now due to his age and SC conditions.
Jim.
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Ok
As some of you know I am rated 100 percent for my skin cancer. When I recvd the award letter it said I will be paid for 100 percent till Febuary 1st 2009. Ok I have no problems with the reduction. The problem I have is before the reduction I am supposed to be seen for a mandatory VA DRS Appoiment. Can they reduce it before the DRs Appt. If they due not schedule it? Here is what I am talking about. this is word for word from my award letter.
If a skin malignancy requires therapy that is comparable to that used for
systemic malignancies, i.e., systemic chemotherapy, X-ray therapy more
extensive than to the skin, or surgery more extensive than wide local excision,
a 100-percent evaluation will be assigned from the date of onset of treatment,
and will continue, with a mandatory VA examination six months following
the completion of such antineoplastic treatment, and any change in evaluation
based upon that or any subsequent examination will be subject to the
provisions of §3.105(e) of this chapter. If there has been no local recurrence
or metastasis, evaluation will then be made on residuals. If treatment is
confined to the skin, the provisions for a 100-percent evaluation do not
apply.
Thanks
Jim
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Thanks all for your kind words
Going to take a month to rexlax than go for A DRO hearing think they screwed me on about a years retro
Jim\\PS stll have not got the descion letter supposed to be dated Dec 9th 08 GOT THE MONEY THOU LOL
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It is not set in stone that a Veteran is guaranteed a job with the FED. OPM has Veteran guidelines that give Veterans preference but the agency still can select whoever they want.
I have seen Vets passed over for the Buddy system. ( Someones child or relationhips)
You can complain to the cows come home but in the end they do what they want.
Concerning degrees, A lot of folks have degrees on this site. We have some with Masters, one graduated in 07 from American Military University.
I am happy we have this diverse group of educated folks to assist the membership in the claims process. We can see it in the way they present their replies on this board. Some members are very well spoken and their literary skills are superb.
Keep up the good work and may the success stories forum be overloaded with heartwarming tales of lives being enhanced and the daily pain and suffering be eased, and to allow us to cherish the victory.
J
jbasser'
I tried to get a Job at the Elizebeth City coast Guard base NC in civial service the job was in Aircraft mainteance. Had my 10 point perfence had 24 years experince and a degree plus a Federal licenise as a Aircraft and Powerplant mech. The job did not require a A+P mech licenise and a lost the job to a non vet who never worked aircraft in his life. How did it happen? The good old boy network the can all KISS my A** He was a car mechanic
Jim
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Quint
I went from 60 percent to 83.8 (in VA math) useing the DRO APPROACH i WILL KEEP MY FIGURES CROSSED FOR YOU GOOD LUCK
jIM
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The way it used to be before CRDP (2004) was say your military retirement was $1500 and you were rated 50% through VA. You got a check for $500 from the VA and your military retirement was reduced to $1,000. Your $500 from the VA was not taxed, so that was the benefit you received. So at the end of the year when you got your W-2 from the military it showed $12,000 in income instead of $18,000. If you are in the 10% pay bracket that would mean a savings of about $600 for the entire year. In other words you didn't pay tax on $6,000 of income.
In all other walks of life, disability retirement and actual longevity retirement had nothing to do with one another. Employees received both. Including Government employees. Through a lot of fighting and negotiating by the service organizations and some powerful people, veterans finally got to receive both. Of course, there are stipulations like instead of most of us getting it immediately, they are phasing it in over 10 years unless you are 100% (and now TDIU). Also, I think CRDP is still limited to those at 50% or higher.
Hope this helps answer your question. CRDP has made a significant difference!
s/Mags
Mags
as a member of the USAF retired you are 100 percent correct. If you have CRSC then you can collect under 50 percent. This is also leading to a big backlog at the VA. Retires keep pushing till they hit the 50 percent level. I know 4 who are
Jim
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john999 is correct, if found to be at the 100% rating level for one condition then it pretty much harms your status at 100% if are able to maintain an occupation. If you cannot work due to your 100% scheduler rating for Panic Disorder, then a rational person can assume that you cannot work at all. However, if you have a 100% scheduler rating for five or more conditions then VA thinking says that it don't matter if you can be employed or not. I agree with pete, if you are 100% for a one do not dream about working.
Poolguy
I am rated 100 percent for a temporay condtion ( 6 months after surgey) There is no problem with me still working is there?
V/R
Jim
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Jim,
Great to hear!!! Was it a Denovo Review? Still waiting on mine to get done.
Norm
Boats was a Denovo Review Filed May 18th 08 Descion made Dec 7 08. Got statment of case but not descion letter yet. I am happy with the rateing think the VA did me fair. Just got a few more items to appeal going to due the DRO letter today. They turned me down for a few items on increase. How long have you been waiting?
Jim
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Good for you!! You fought hard for that SC!! Tell me how you got SC foor skin cancer; was that direct or secondary? What are you gonna buy yourself ;-) ~Wings
Wings it was direct I had my first skin cancer operation 6 months after discharge. I got 30 percent for disfigurment. Bought my wife a nice ring today for christmass going to stash the rest for a little while
Jim
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Well as some of you know I have been fighting with the VA over my zero percent skin cancer after 5 operations. Well got SSOC yesterday and retro check yesterday.
Rated 100 percent from Jan 18th 08 thru Feb 1st 08 due to 6 months after last operation. Then 30 percent on Feb 1st 08. Six months after last operation. I really beleive it was the picture I sent in that did the trick. Even with the 30 percent I will still be rated only 80 percent because we all know 50 + 30 + 30 + 10 +10 + 10 + 10 = 80 still one more DRO appeal for the low ball of my back and sinuitis,
Thanks all
Jim
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Welcome
Lots of help on this site, All you have to do is ask
Jim
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This is such an informative venue for veterans and I want to thank everyone in advance for their suggestions, insight, and information.
My husband retired from the Army after 20 years. He was originally awarded 10% disability in 06DEC for tinnitus. He was given a rating of 0% for DJD of both knees; 0% for tendonitis; 0% for lumbar strain; 0% for HYP. We of course filed a NOD and have recently been advised that there was CUE found in evaluation and have been granted a retroactive increase in his evaluation to a combined rating of 40% for the DJD of the knees, tendonitis and lumbar strain. There was no mention of the tinnitus, nor was the matter of his HYP addressed.
My question to the group is should we continue to pursue our appeal or be satisfied with their new evaluation? My husband says he doesn't want to "take advantage" of the system as there are certainly others who are far worse than he. However, I want to make certain he is receiving the disability to which he is entitled. We are blessed that he is as healthy as he is but the Army did take its toll on his body and mind.
Thank you again for your thoughts.
AV8R Wife
You need a combined rateing of 50 percent for a retire to receive CRDP. Do you have a vet rep?
Jim
If it was me I ask for a DRO hearing
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the story says that the VA is mad at larry Scott for "breaking" the story I bet they are I for one am glad he did it
All I can say about this is God Bless Larry Scott. Look at the motto of VA watchdog keeping an eye on the VA because someone has to. Well they sure due the right thing.
Riddle - Crdp And Retroactive Payments Before 2004?
in VA Disability Claims Research
Posted
Cowgirl
Call this number. Retirees may call DFAS toll free at 1-877-327-4457 with questions concerning their entitlement to VA Retro. When the machine comes on and ask if you got a letter push 1 for yes. You will get a real person who can answer your backpay issues for military retires.
Jim