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Berta

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  1. Berta's post in Input on TDIU claim was marked as the answer   
    I only saw one page of the VA rating decision.
     
    Part of the Vocational specialist's statements were missing too-but what I read seemed very positive for TDIU.
    It seems the Vocational Specialist's statements were not considered by the VA.................because they didnt receive that info until recently.
     
    Did you supply the VA with contact info from your past employers?
    Did you receive SSDI solely for your SC disability? If So does the VA know that?
    "My attorney then submitted an HLR which was also rejected. Last week, he submitted a new supplemental claim and added a letter from a vocational expert. I'm just concerned that they may not review this letter since they did not take the last one into account."
    I was unaware that a "new" supplement claim can be filed----that's great.***
    If the VA does not reverse their decision, and denies the claim ,after receipt of that letter,  I hope your attorney is fully versed in CUE....which can be filed on any decision ( award or denial,) and can be filed at any time, to include a recent decision.
    *** has anyone here file an additional  supplement claim?
     
     
     
     
  2. Berta's post in Diabetes type 1 then rediagnosed to type 2 was marked as the answer   
    These are not common conditions that would cause Diabetes Mellitus-and I have found nothing yet at BVA or on the net to show your conditions could have caused the DMII- however , one of the most prevalent reasons for diabetes mellitus is obesity. ( next to AO as a cause)
    Unless you are a Vietnam incountry vet or Blue water Navy vet ,fitting into the 12 mile territorial sea criteria in HR 299, the only way I foresee this, is as Shrekthetank1 said, you need a solid IME/IMO.
    If obesity was caused by inactivity,due to your SC leg condition, or due to side affects of any kind due to the SC chronic pain, and depression, and/or  medications for those disabilities, and if a doctor can state that the obesity is from lack of exercise, or any other factor, in your medical records, than it might be possible to service connect the DMII as secondary.
    I saw a stunning  decision at the BVA once, whereby a widow proved her husband's severe SC hearing loss had made him so sedentary that he developed NSC heart disease and died from it.
    She had a strong IMO and the BVA awarded her DIC.
    I am not saying your are obese, at all, and we don't have much info here. But a strong IME from an Endocrinologist might help the claim.
    These IME/IMOS can be quite costly but this is the best thorough reading of our medical records we will probably ever get. There might be a different reason for the development of DMII, and a doctor would be able to see that.
     
     
  3. Berta's post in DIAGNOSIS CATEGORIZED EPTS but PERMANENTLY AGGRAVATED BY SERVICE was marked as the answer   
    "Veteran shall be taken to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities or disorders noted at the time of the examination, acceptance and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service. 38 U.S.C.A. § 1111; 38 C.F.R. § 3.304(b). To rebut the presumption of sound condition, VA must show by clear and unmistakable evidence (1) that the disease or injury existed prior to service, and (2) that the disease or injury was not aggravated by service. "Wagner v. Principi, 370 F.3d 1089 (Fed. Cir. 2004).

    Do you have a PEBLO helping you?
    This sounds like some Military BS- however- and you are not the only service person to go through the EPTS crap ( because it is often crap)
    I assume you didnt have a LOD ? Or a formal NARSUM yet?
    This forum might help:
    https://www.pebforum.com/forums/medical-evaluation-board.42/
    You are not alone.
    As the regulation above and the Wagner V Principi citation states, the VA MUST PROVE with evidence that these conditions pre- existed your service.
    Without that proof  from VA,  you have a claim basis for direct Service connection.
    The way VA rates MH disabilities is here and in a recent post- I will try to find that.
    Are you an OIF/OEF incountry serviceman? (Afghanistan /Iraq)
     

     
  4. Berta's post in New here , just got my c&p result , what rating will I get in your experience? was marked as the answer   
    One question for Swag- is your stressor (s) solid?
     
  5. Berta's post in C&P Exam for diabetes was marked as the answer   
    Peripheral Neuropathy (PN) is common in diabeticsm as a secondary condition.
    I suggest-but others might disagree, that you file for the PN as secondary,based on the C & P exam results for the diabetes...
    unless that is clearly spelled out in the C & P exam.
     
  6. Berta's post in Disability claim for cancer patient was marked as the answer   
    Great advice Gastone- 
    This article from Hill @ Ponton ( Matt Hill is a member here , explains more about this condition as to getting a proper rating:
    https://www.hillandponton.com/agent-orange-va-disability-claims-multiple-myeloma/
    Also  BVA cases offer insight into how this is rated:
    "ORDER An initial 100 percent disability rating, but no more, for multiple myeloma is granted, beginning February 13, 2009, subject to the laws and regulations governing the payment of monetary awards. Entitlement to an initial compensable disability rating for smoldering myeloma, before February 13, 2009, is denied." https://www.va.gov/vetapp09/files5/0944359.txt
    In this above case BVA awarded the 100% , with no mention of the usual cancer awards that involve residuals-rated after the first 6 month at 100%-the case has to be carefully read to understand why-
    I agree that your father's medical records should warrant the 100% right off the bat- but the decision will determine whether he will need a future residuals rating-after treatment.
    As Gastone said:
    "Your POA-VSO needs to contact the RO Rating Department to discuss the need for the different C & Ps."
    We had a vet here who had medical evidence that he could not attend some C & P exams, and the VA told him to have his private doctor fill out some DBQs.
    It was a long and convoluted thread- lots of downloads, only to reveal  the veteran never had the private doctor fill out the DBQs-and of course the VA denied the claim.
    It is important to get something in writing, or via email from the VA as to their willingness to accept DBQs or maybe just the private records ( which they will need anyhow) to avert the need for VA C & P exams.
    With incountry Vietnam Exposure to AO and with a  AO presumptive disability-the claim itself should be no problem-but the C & P issue needs to be resolved ASAP.
     
     
     
     
  7. Berta's post in Filing Claim for AO Prostate Cancer was marked as the answer   
    You can file the claim on VA form 21-526 EZ.
    Your other post shows you get 10% now for tinnitus and VA confirmed you were an AO exposed veteran.
    Prostate cancer is rated in an unusual way:
    http://www.vetsfirst.org/vetsfirst-qa-does-va-always-reduce-a-rating-for-prostate-cancer-after-treatment/
    In part this article from the VA states:
    "Veterans with active prostate cancer are rated at 100 percent. That rating continues for six months following the completion of any treatment, such as surgery, radiation, or chemotherapy. After six months, VA requires that the veteran undergo an examination. Changes reported based on the examination will determine the veteran’s new rating. If the cancer hasn’t returned following treatment, then the rating for prostate cancer will be reduced.
    VA will, however, rate the veteran on any related issues being experienced as a result of having had prostate cancer, such as voiding dysfunction. Veterans who have daytime voiding intervals between one and two hours, or awake at night to void three to four times will be rated at 20 percent. Veterans who void at intervals of less than one hour during the daytime, or awake to void five or more times per night, wear absorbent materials, or use an appliance (catheter), may be able to receive a higher VA rating."
     
     
     
  8. Berta's post in Question about VSO’s was marked as the answer   
    In my opinion, any claimant who depends completely on a vet rep or VSO, might well end up in the crapper.
    Although there are certainly great VSOS out there- they are also probably burned out, most of the time.
    Everything you need to know as to how to succeed in your claim is here at hadit.
    Often some vets  think a vet rep or even a lawyer or IMO doctor can establish the critical "nexus" factor for them.
    Sometimes they can but that is often up to the veteran themselves to prove.
    Has your claim been denied?
    If so the VA gave a reason for the denial that you need to overcome.
    Maybe we can help more if we know more.
     
     
     
     
  9. Berta's post in Records was marked as the answer   
    Go to https://www.archives.gov/, and click on the Veterans Records Section.
    The sight will have a blank SF 180 you can print off and file out or do that online at the site.
    Then you will need to print off a bar coded authorization form, sign it, keep a copy of it or your records, and send it to where the instructions on the form direct you to- I always use USPS Priority wuith a tracking slip for anything regarding VA or for a records request.
    Be sure in addition to your STRS,  that you request a complete copy of your inservice personnel records.
     
     
  10. Berta's post in Schedule for rating disabilities question was marked as the answer   
    The VA Rates stroke as to the residuals.
    If the SSA has awarded you solely for a stroke, that is good evidence for a 100% SC rating- if you have a solid nexus to your service.
    My husband had a stroke under Section 1151, and VA used many diagnostic codes to rate the residuals.
    His medical evidence was from the VA, from NYS Department of Education, (student loan waiver signed by VA doctor, stating stroke was 100% P & T,) VA Voc rehab records, C & P exam at VA,for stroke, multiple neuro tests done by VA for stroke, MRI narrative ,  and  all medical findings from my FTCA settlement for wrongful death. etc etc....
    and maybe most importantly an award letter from the original Agent Orange Settelement fund for 100% P & T disability due to stroke.
    VA awarded a CUE I had on the stroke disability but the director insisted to me (by phone twice) that his 100% stroke was Total but Not Permanent.
    There was a reason she wanted me to believe that ridiculous crap. It involves a General Counsel Pres Op.and more retro to me as accrued. I put that issue away ,frustrated by the continuous arguments I have received from my RO since 1995- and now have the impetus to fight them again. One reason is that it is possible the VA will consider ischemic stroke as caused by exposure to Agent Orange.
    When a veteran dies and has any 100% disability   for stroke or any other disability - at death, that also contributed to death, their disabilitiy(ies) of 100% become "Permanent" at death because they lasted the lifetime of the veteran.
    Are you an incountry Vietnam Veteran?
    Do you have DMII or ischemic heart disease?
    By the word "stroke" do you mean an ischemic brain event beyond a TIA?
    If not ischemic,  was it from a brain hemmoriage? stroke?
    Broncovet is correct. You doctor would have some idea for the cause of the stroke ( it could be from many things) and if you have your medical records they too will reveal why the stroke occurred.
    If you claim the stroke, you will definitely need a service nexus, or a secondary medical nexus if you  have anything service connected now( such as heart disease), or if the VA itself caused the stroke, you will need to prove that with a Section 1151 and/or FTCA claim.
     
     
     
  11. Berta's post in Conflict yes or no was marked as the answer   
    VYNC is correct and often a SSDI award can help with a TDIU claim.
    If the SSDI award is solely for a SC condition, or  solely for a claimed SC disability, the VA, with proof of the service nexus, will consider the SSDI award ( because that involves an independent medical opinion) .
    Also a favorable SSDI award ( which might take less time that a VA TDIU award) that is fairly current, might provoke a favorable additional year of SC for the TDIU or 100%.) depending on when the SSDI was filed and when the VA claim was filed----
    I will try to find those regulations here. 
    Personal example.
    My husband had 30% SC for PTSD since 1983 and then had a Section 1151 major stroke.1992
    He filed SSDI for both disabilities . SSA award solely for the 1151 NSC stroke. They never mentioned his PTSD.
    I found a SSDI regulation stating they must consider all disabiities the claimant has listed.
    We filed for reonsideration. 3 months later his new SSDI award came. Solely for PTSD with a very favorable EED.1991 and more SSA retro.
    His PTSD 30% upgrade claim was still in progress and we sent the VARO the SSDI new award letter.
    About 6 months later he died with no decisions yet on his VA PTSD claim. I became the claimant.
    VA awarded 100% SC for PTSD posthumously( the upgrade claim was filed in 1994, ,the SSDI PTSD award came in early 1993, and they correctly determined the date of entitlement arose with the 1991 SSDI PTSD date for PTSD- the last day he ever worked.I certainly had sent them significant evidence, that stood on it's own, from his VA medical records, in case they didn't consider the SSDI properly- but they did.
     
     
  12. Berta's post in C and P exam Intent to File a Claim 2017 was marked as the answer   
    Certainly you should file a claim on both of these conditions. But did the examiners give a medical rationale for their conclusions?
    At 90% now, are you still employed?
  13. Berta's post in Does the Disabled Vet have to ASK for Special Monthly Compensation was marked as the answer   
    Thanks for the answers to my questions.
    You did some great VA homework! You know his ship is on the AO ship's list!!! 
    Make sure the VA knows that.
    I bet not a single incountry or Blue Water AO vet had any heart disease in service.
    Reason I ask is because they denied my AO IHD death claim (I am a Nehmer claimant) stating my dead husband's  SMRS did not reveal any IHD in service.(1st MARDIV Amphibious Tractor Battalion, Danang Vietnam ,1965-1966.)
    I filed a CUE on them , probably the very same day, making the point that most incountry Nam vets were kids,still in their teens, when they were sent to Vietnam and the regulations did not specific that IHD had to be in their SMRs under Nehmer, and I Cued them under 38 CFR 4.6. The award was here not long after that...in mere weeks...I filed the CUE also as a complaint with IRIS.
    The rating schedule, when applied to the C & P exam results will give you an idea of what his rating will be.
    Buck is right. I had to file CUE on a 1998 decision which clearly revealed the veteran ,my deceased husband,was clearly eligible for SMC. I filed in 2003, another CUE in 2004 specifically on the IHD, and the Nehmer VARO , after  the denial snafued, awarded those CUEs and the IHD claim.
    His EED was 1988 for the IHD, which the VA never diagnosed or treated.
    Although it was a malpractice issue ( 1151 and FTCA award )they awarded it as presumptive.
    The most recent AO Ships list ( and this includes the C 123 exposures) is here:
    http://www.benefits.va.gov/compensation/claims-postservice-agent_orange.asp
     
     
     
     
     
     
  14. Berta's post in hypertension was marked as the answer   
    Here is the decision:
    http://www.va.gov/vetapp15/Files4/1530579.tx
    When did you file for the HBP?
     
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