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brokensoldier244th

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Everything posted by brokensoldier244th

  1. What did they say was the reason for removing K?
  2. How did you submit the private records? If you uploaded you should have had a time stamp and they should still show on va.Gov. If they were of record and weren’t reviewed you can file a CUE or appeal the original and point to where your provided the records. if you handed copies to the examiner they aren’t required to accept it. They have to scan it in and log and account for it and they honestly don’t have the time. I’d lean towards appeal/supplemental if you are within a year. CUEs have very strict rules, are easy to mess up, and ultimately accomplish much the same as an appeal/supplemental. HLR can only re-review the evidence used in the original claim, new evidence isn’t considered in an HLR.
  3. Requesting your C-file is not filing a claim, they get hundreds, probably thousands of requests, every day. Its not like a flag goes off somewhere that alerts someone to it. ROI doesn't hav access to your file at VAMCs- they can only see percentages and have no need to see your claims file. What they do is totally different, and many providers don't want to be involved in the disability process at all. The phone call people likely can't see much either, they aren't cleared as highly as we (VSRs) are. Many VSOs should be able to see your codesheet- thats the other part of the decision that does in your file but isn't mailed out. Its the diagnostic codes you are rated under and which ones are static. in order to do their job they have to be able to see what's in your file, not just your percentages. I know that many can see more than that because I get emails every month or so from 1 asking why I did X,Y,Z on so-and-so's claim a month ago.
  4. After appts send a secure msg with a recap of the things that YOU said or brought up in the session. If you see something in their notes, do the same. That gets it on record. While you are not an MH provider you ARE providing a lay statement of events as you see them. If you are P&T for IU its unlikely you will get a re-review. Its been over 5 yrs, almost 10, and the threshold for requesting a re-review is considerably higher now.
  5. Sorry about that. Its a habit- I get so many forms returned that I need to send back to the Veteran for a signature I just am in the habit of typing it for everything. Apologies.
  6. No. They fill it out in the requisite sections but you have to send it in. Dont forget to date and sign.
  7. I checked internally this morning- the form posted here is the most recent available right now and when I open it from within the M-21 its the same form, form date, OMB Expiration, etc. M21-1 II.iii.1 A.1.a scroll through chart to the SMC/Housebound
  8. All forms have to be accepted for a year past the form date. After that if they haven’t updated the link then it’s extended until there is one. If nothing else we are required to send you the correct form if the one you submit is outdated or incorrect.
  9. The expiration of the OMB control is 2021. The form date is 2018. If you do it through va.gov directly it doesn’t matter what date the form is because you get whatever form is in the database and it has to be accepted. I emailed the form manager through the site about the link not working in the form look up. On another part of the site the form comes up and it’s the 2018 dated form. ** if you hover over the link you can see the email address listed
  10. OK, but he's not asking about ILP. ILP isn't going to give him stuff to start a Bonsai business.
  11. Not much- they don’t provide equipment and you/they cant buy land. They will assist with eval of a business plan, saving you from having to hire a lawyer or consultant to do it, and they can put in touch with the SBA and other resources. They approve like less than 5% if that per year for the self employment track based on the last few years average. Very few vets present viable plans and/or aren’t self funded for the first year when they present. https://www.va.gov/careers-employment/vocational-rehabilitation/programs/self-employment/
  12. Even priority group 8 (over income threshold) you can still get care, you'll just have co-pays. Its been that way for awhile, at least since 2002 when I got out, though there may have been some years in there where their budget didn't extend to priority 7 or 8- but I didn't look that far into it. https://www.va.gov/health-care/copay-rates/
  13. As far a I know there isn't a specific list of presumptives for jet fuel exposure. There is/was a bill before Congress to carve some out, though. https://www.congress.gov/bill/117th-congress/house-bill/3852/text?r=8&s=1 You can also look on the PACT presumptive list- if you were in any of the areas that have presumptives attached you may not have to attribute it to Jet fuel because your exposure to toxic substances may already be presumed. Depends on when/where you were and what your symptoms are. https://www.va.gov/resources/the-pact-act-and-your-va-benefits/?utm_source=google&utm_medium=paid_search&utm_campaign=ar_pact_fy22_veterans&gclid=Cj0KCQiAn4SeBhCwARIsANeF9DL4GRSzjLDJvstiZA7Rj1-yydRadQZ2TODxEIXXLJAfDp8PSCdk_RYaAuP7EALw_wcB#what-does-it-mean-to-have-a-pr
  14. Both, and civilian medical if you have provided a release, and military inpatient records, and anything else you have uploaded.
  15. What priority group are you in? https://www.va.gov/health-care/eligibility/priority-groups/
  16. A corrective measure isnt a cure. Did you read the ratings schedule? Usually if corrective measures influences a rating it is listed.
  17. There may still be an exam to confirm severity. PACT doesn’t say no more exams, so we still have to request them. If you send DBQs we send to a rater to evaluate first before requesting exams.
  18. Check to see if you fall under PACT, it may be presumptive now
  19. They will still be decided, you aren’t 100%, you’re just getting paid that way.
  20. I would definitely get another POA. Did you prior give you any thing back case related?
  21. SMC's can be, yes, it depends on what SMC category you would fall into. There are some 'gimme's' like having ED or the loss of some other organ, though ED (at least in men). Thats like 115.00 under SMC K SMC-s is 'housebound' meaning that due to various issues you are pretty much affected bad enough that you don't leave much except for doctors appts and what not. You'll see this a lot with veterans with MH issues of various types. There are others that are more involved, like those for amputees, blindness, or if you need someone in the home to help you take care of basic daily needs and activities ('activities of daily living').
  22. Receive- Yes Lump sum- some of it- from the effective date to the current date. The amount changed in December, reflected in January's payment 8.7 percent INCR) so going forward your figures are a little off but you get the idea. The pay tables are here: https://www.va.gov/disability/compensation-rates/veteran-rates/
  23. It also depends on how long you have had your other ratings- the bar is higher at 5, again at 10, and 20 years is "can't be reduced unless fraud was involved", unless VA determines a CUE on their part. We are required to correct a record/submit for review any claim we find if we find a major procedural error or misapplication of regulation that might result in a ratings error. I've found 3 in my last 3 yrs that looked to be ratings or major procedural errors when compared with the totality of the record. 2 went up, one went down.
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