Jim MAC

First is it a straight grant? or is there a remand?
ok so here is my advice.  and you can take it for what it is worth.  I would wait for the letter to come in and give a it a two or three weeks and see if it was implemented.  I am hoping this just works out for you as this makes life easy.  This could happen if it is a straight grant with no remand.
Now if there is a remand and a grant (I learned this is the hard way) you need to start shaking the tree.  After 6 months I started to look and say hey why is this not done and then i finally started calling everyone.  Congressman-whitehouse hotline-peggy-VSO.  I would call them once a week.  The congressman is the one which finally panned out for me as they got on someone's ass as within a week of them contacting me it was implemented.  
You can do it anyway you want too, but for me this worked.

What’s in your wallet?
 
 
 
 
 
Sorry I’m a smart ass

Never had a problem with the ads.  I can have them deleted for 5 bucks a month or I can read them.
This site is a very nonjudgmental site and will work with anyone.  I posted on another site and found myself quickly jumped on by some members who were or are working in claims.  The V.A. does not make mistakes and if you thought so refer to rule one.
I will stick with the ads. 

For purposes of my response, let's assume this is a new claim and not secondary to anything else.
You'll need:
1. Event/injury while in service: Septoplasty surgery
2. Current diagnosis of a disability related to #1
3. Medical opinion connecting #1 and #2
By itself, surgeries do not necessarily mean you can be SC for them. You'll need to show that you have a current disability per the VA disability rating criteria (https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5). I assume the explanation in your denial letter was based on #2 and/or #3.
Common disabilities involving a septoplasty would be for sinusitis and/or allergic rhinitis (if septum is found deviated). But if your septum is now straight (no longer deviated), that criteria would no longer apply going forward. Even after septoplasty, it is still possible for the septum to be damaged and go back to being deviated. However, have you had any complications since the surgery? In the case of sinusitis, having surgery doesn't mean your problems are guaranteed to be gone. You can still have episodes, crusting, etc... Go through the sinus rating criteria (see above link) and compare your related medical treatment records. Look for and reported symptoms and/or diagnosis which matches up to the rating criteria.
Back in the 1990's, my appeals related to allergic rhinitis w/total sinus blockage and deviated septum took about 4 to 5 years to finally win. I had the event/injury in service and a current diagnosis, but what I needed was a medical doc to tie it together with strong medical justification.
 

Greetings All

As a retire with 24 years of service I may be in the miniorty but I am all for it. First of all the PX/BX makes a profit and the profit is plowed back into the MWR funds on base. So in reality by letting disabled Vets shop in the BX they are supporting the troops with more money for on base activites. Its not the retires that would raise hell about it its the local stores downtown who would. As far as the commiseries go who would it hurt to allow a disbled vet to shop there. The 5 percent surcharge pays for the operating of the commisery. Space A travel thats a no-brainer retires are priorty 6 make disabled vets a priorty 7. The only thing I would like to see is to make it like the VA when you hit 50 percent with the VA you get all your medicall coverd. I would like to see it if you are 50 percent disabled you get the bennies.

Just my 2 cents worth

Jim

Hi All its been a while. I have taken a break from fighting with the VA for about a year. I have 3 claims waiting on a DRO Hearing for over two and a half years. Today is my C+P exam hopefully that goes well.

Well on to my new question. I signed up for the my health website and was looking thru my blood test TODAY and found out I have Chronic kidney disease. Needless to say I am in shock. It shows up on my last two blood tests getting worse each time. Does anybody know if that is connected to working with jet fuels oil and hydrulaic fluid? I have no other factors for it. Nobody in my familly has any history of kidney disease. I due take oxicodine but only when needed and take less then I am prescribed. I figured it says take as needed so If I due not need it I due not take it..

Just one little thought. That is a shitty way to find out you have a disease. I think the VA should have called me and told me I has more health problema.

Thanks for reading this and any thoughts on this matter I love to here them

Jim

(sorry about the spelling I am a little upset right now)

Chris Attig explains it pretty well.  Its a common myth that VA compensation "tops out" at 100%.  There are many levels of SMC which mean you can get well over 100%.  
This myth is often perpetuated by VA and VSO's.  
SMC has many levels.  It includes both statuatory housebound (100% plus an additional 60 percent)  and housbound in fact.   It also includes Aid and Attendance and "loss of use" of specific appendages/organs.  

http://www.ngwrc.org/docs/2016 SelfHelp Guidedraft.pdf 
 
this is a really good resource.  read it.

Vets:
Thanks again for the wonderful advice and I've come up with a strategy. I found out that my 90% is rounded up from 85.167 based upon what I saw on my input into the calculator. Also, I have a bilateral condition that may not be added in properly when I add it into the VA Disability Calculator? So, it may be a part of a percentage point higher than this but not by much. That all said, I realized I'm further away then I thought about getting to 100%. Based upon all your advice, I've decided to proceed with the NOD. Also, I'm going to only challenge only 3 or 4 contentions instead of the 9 that I was going to do earlier. So, rather then just trying to get to the full 100% now, I'm trying to chip away and get as close as I can to the 100%.  The road to get to 100% may be longer but is a more steady approach. Frankly, If I had received my C-File and got the IMO/IME's from Dr. Ellis, it would have been different because my ammunition would have been so much stronger. The good news is that my SMRs and first disability claim strategy got me to 90%, so it does work. Unfortunately, there are lots of rules that do protect Vets like the Vet Protection Act of 2010, but their is still a "canyon" of subjectivity within the system that can work against Vets and it does.
Godspeed Rootbeer22

Root beer:
    Thus, the short answer to your question is NO.  It is not risky to apply for an increase.  There is no evidencee that a Veteran who seeks an increase is any more likely to be reduced than a Veteran who does not seek an increase.  
    Now, if you die your hair purple.....now that is grounds for a reduction...lol.  

sorry for so many additional replies....just one more...
when you contact Bob, if you do, email him a link of this thread.
 And when the BVA gives us more time to add to the case, that is not the time for any personal rhetoric, that is the time to send them more Evidence....If the RO and the BVA never considered the autopsy , if one was done, and never sent to them, that alone might stave this off a little longer, if a lawyer can get your POA in time while the case is still at the BVA.
You can contact any lawyer you wish ...but I have known Bob Walsh for years and have done radio shows here with him and I think he is SUPERB. All of the good vet lawyers are. But Time is of the essence, here..........

Contact Bob ASAP !!!!!!!    We have other  lawyers here , some are members...
Bob has CAVC experience but I have no idea if it is too late for a lawyer to get  involved with the BVA case.......which would be critical at this point.
When was the BVA hearing?
Robert P. Walsh

Attorney

2 Michigan Avenue West

Suite 301

Battle Creek, Michigan 49017



Telephone (269) 962-9693

Telecopier (269) 962-9592

E-mail: rpwalsh@sbcglobal.net
There are many lawyers with contact info here that handle VA claims.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

I will be filing a NOD(s) once I get my C-File but I still have time and I want to see what all is in it so I know how to proceed.  I was given percentages and SC for all of the above issues except the IBS (which they did not have any of my records for, I guess).  He acted like, for example, a diagnosis of OSA meant that it could not be an undiagnosed illness and, therefore, was not related to Desert service or a presumptive.  It just seems like they went out of their way to dismiss any connections to the Desert.  It feels like it was directed by 'policy' and may make things harder down the road if I start falling apart or prevent me from qualifying for future possible benefits.
  I have all the proof, DD214,medals, etc. as well.  Since it is a presumptive, it should not have been opined upon by the C&P Examiner.  He knew I was over there, he was a Vet, we were talking about some places we had both been over there.  There is no reason for the comment on the C&P and now I will have to fight that, too.  Fun, fun!

IMMA BE QUICK PLAIN N SIMPLE MY PRIMARY CARE TOOK MY MEDS THAT GAVE ME A REASONABLE QUALITY OF LIFE THE LAST SIX YRS WITH NO PLAN OR OPTION TO REPLACE IT. HER PREMISE IS SOME REPORT THAT I COULD DROP DEAD NO WARNING JUST STOP BREATHING SO I GO HAVE A FULL HEART ARTERIES WORK UP THE CARDIOLOGIST SAY ALL IS NOT GOOD BUT EXCELLENT HEART OF A 35 YR OLD IM 60. I M SUFFERING WORST THAN EVER THIS VERY INSTANT I REMEMBER SIGNING MY PAIN MED CONTRACT BEING ADVISED OF ALL THE DANGERS AND DECIDING IF IT WOULD BRING ME RELIEF AND A BETTER QUALITY OF LIFE LETS DO IT . I HAVE BEEN BETTER THAN BEFORE TAKING THE MEDS EVERY SINCE IM VERY ILL RIGHT NOW. WEN CHALLENGED TUESDAY ON WHAT IS SHE GONNA DO SHE BASICALLY SAID I GOTTA LUMP IT BECAUSE SHE WASN'T GIVING ME ANY MEDS SHE CALL A WOMAN FROM PAIN MANAGEMENT AND LIKE MOST OF US SHE WAS TALKING STARTING AT SQUARE ONE I TOLD HER MAM I BEEN THRU ALL THAT CRAP TIME AND AGAIN TO NO AVAIL AND WHAT WORKED YALL THO OUT THE WINDOW SHE PUT ME OUT HER OFFICE SAID SHE DID WANT TO TALK ABOUT MEDS I COULD LEAVE I LEAVE AND TWO PLAY COPS STANDING OUTSIDE SHIVERING HOPING I DON'T LOOSE IT ANY WORSE. GOOD LUCK ALL BUT MY CONGRESSMAN WILL HEAR OF MY CASE FOR WHAT GOOD IT WILL DO THX ALL. NORTH LITTLE ROCK VA.

I went out to eat with relatives. After sitting in a booth for about 90 minutes my back got so stiff I needed help to stand up. My lower back hurts, and is stiff as a board in the mornings or when I sit on hard surface for over 30 minutes. The only thing that gives me relief is oxycodone or some other opiate. Now if VA would authorize massage therapy some place close to my house that would help but they won't do that. I really need permanent PT not 6 weeks of it. I have chronic issues with back and neck pain. I just cannot get the help I need anywhere without letting somebody cut into my back. This is not going to happen unless I lose control of my bladder or something.

I dont know what the hell thier plan is, beause ive been told time and time again, no chiropractor. Also with my history of hepc I dont think its safe medical practice to be poking me with needles . (acupuncture).. And I bet the VA wont authorize deep tissue massages., So if they cut me off, I dont think I will last very long. Probably wind up at the methadone clinic, the liquor store, or the graveyard. Im not going to suffer in pain more than I already do needlessly, because some xxxxxxxx at the VA decided opiates are not good anymore for pain.

Here is the thing I have taken Hydrocone in the past for shingles. I know what it does to you but I also know it does help. Since I know what this drug does to me I can utilize it on days that are really bad when the other drugs are not helping. People with Osteoarthritis/DDD of the spine know what I am talking about, the days when there is weather changes or low pressures. Those are the killer days and puts you in bed. It took me 2 hours to get out of bed this morning because of it. Wish I had the Hydrocone last night so I wouldn't have waken up like this.

IT SUCKS and I guess my only solution is to see my Private Doctor to see if he will fill me a month supply. Anybody know how much Hydrocone cost without insurance?

Ted,

Don't worry about lost money, sorry to read about your troubles. I myself was med discharged in 98 at 20% and told by many people to file for a upgrade over the years. If I added up the money I lost it would be quite abit. We are all wired different, and any disabilities suffered from service are bad mental or physical and really who of us wants any of these problems.

One thing I will say is what I learned, nothing is a give-me regardless of evidence. So prepare yourself for the long haul and do not give up. Thats not to say people don't get ratings fast and postive.

I had first hand accounts of all my injuries each were well documented during duty, I was told when I signed my discharge papers in 98 that I should have been 80% and should fight the rating I got. Like I said we are all wired different. I bring this up because some can dwell on all the lost money or opportunities, don't; It is what it is.

I hope and pray yours resolves quickly and you get a positive adjudication. If not do not give up.

I'm 99% sure they can't garnish his VA compensation, as it is her debt. However, if I were him, I would move my VA money to another bank, and not a joint account, just to be sure they don't accidently seize it, and cause them some hardship.

Generally, they will either waive repayment of an overpayment or allow her to set up a repayment schedule. Many years ago, they, accidently, overpaid me, almost $4k, and when I brought it to their attention, they waived it. jmo

pr

The employers had better tread very carefully giving VA a negative opinion of you even if they do "hate" you. (Tho you probably had/have friends who work there too). The ones who do the report to VA may never have even met you, and, even if they did, and had an opinion of you, they were likely forbiddent to indicate any such thing on the report to VA or to another employer. They probably look in the file and give the dates of employment and little else. Companies have learned, the hard way, to keep their mouth shut about opinions on terminated employees.

You see, most employers dont even want to give the reasons for termination, because that is just a liability issue. Most of them are very general or even complimentary by saying things like a politician would:

"Joe was a good employee for 3 years. He showed up on time, and got along well with coworkers. However, our business plan changed in 2014, and Joe was no longer a good "fit" for our company in the reorganization. We wish him well and would recommend others hire him."

I doubt they will say anything "negative" about you UNLESS they can document it such as:
"Our Time card records show Joe was absent from work without a call in on Feb, 3, March 2, March 17, and April, 3, 2013. This violates our policy of 3 times no show results in termination. He was counseled on April 5, 2013, but failed to show up again on April 5, 2013, and we were forced to terminate for no show."

If they fired you for "no show" or being late, this will even help your IU claim especially if you can document a medical visit to VA on those dates.

Its even better if they say something like:
"Joe had outbursts of Anger, which scared other employees. On June 13, 2012, coworker Betty Smith reported to us "she was afraid of you because of your outbursts."

In short read what they say about you before you decide whether to challenge it or not. Ask for a copy of your cfile, including what your company said.

Suicide will crush all and every benefit there is, it reaps no favorable promises, only consequences.

Welcome to my world. :) I'm going through this right now...

Sounds like a warning to get it before it's gone...

Well whats happening is someone higher up in congress is on someones butt and that someone don't won't to lose his 6 figure income and they can't think of some of the needless government programs to cut so they cut throat the veterans, this will never pass in my opinion, its age discrimination.

AND as for as enhancing the voc-rehab program there already doing that most veterans has tried voc-rehab..so..if a veteran can't work due to SC Disability.
Then leave him/her alone and let them live the rest of there life in peace.

Why did the VA put IU in place? to help the veterans that couldn't work because of there SC Disability's.
It's obvious that when someone is disable enough he/she can't work even if the disability is rated under the 100% not much difference mentally or physical difference in 80% 90% 100% if the veteran can't work because of his/her disability's then leave them the hell alone.
it was congress who enacted the IU regulations and now they want to change there mind because some ass wants to become a hero and lower the VA Budget that's BS.

If this proposal to wac out IU for older veterans or the Vietnam Veterans That is discrimination also....and it don't make a lick of sense because most Vietnam veterans and AO veterans are in the age group of 60 at least so think about it when your age 30 or so and on IU think about the long term payout with IU vs the veterans that were in Vietnam years earlier the pay out would be much less because of there already age.

I loved it when I read that in 2013 400 plus veterans age 90 received IU for the first time , way to go my fellow veterans.

Just my opinion.


...........Buck