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brokensoldier244th

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Posts posted by brokensoldier244th

  1. 23 minutes ago, GBArmy said:

    Broncovet is spot on. Depending upon what details are required to be posted by the town or state statute, if it is a requirement you have a choice; decline a tax exemption or live with the public record. Think of it from another prospective. Your taxes are based on what the cost/expenses are going to be to run (the town, for instance.) After any fed or state assistance, what is left is what amount of money is required and it is reflected in the tax rate. Certain  individuals and non-profits may be exempt from some or all of the taxes, or exemptions. As a town taxpayer, wouldn't you want to know who is receiving a tax break and the result is you have to pick up their share in an increase in your taxes? There could be people or companies receiving tax breaks that are not deserving. Say a non-profit is no longer doing what they received their tax status for. Or a fireman no longer volunteers at the fire dept but still is receiving a tax abatement. That is why public record is necessary because this kind of thing happens. All that said, I agree there should not be any disclosure of the veterans specific disability. Seems to me taht would be a HIPPA violation.

    Being listed as disabled as a status is not a HIPAA violation. If the contentions themselves were listed, that would be a HIPAA violation. 

     

  2. It pulls data from the same place that vbms does- that being the system that holds all your claims and the one through which they are all worked. It’s not instantaneous but it does update at least once a day (va.gov, not vbms- vbms is real time)

  3. Well, it’s your doctors opinion vs the examiner. If your doctor writes that x is caused by Y and the reasoning for it  with support (that many nexus type letters I see from private practitioners omit) then it’s usually enough to trigger either equipose or another exam/review. Sometimes if it’s better than whatever the examiner wrote a rater can just run with it and find for you. 

  4. Depends? Should you? Maybe- do you have any evidence of sleep problems, lethargy, breathing problems in your STRS or within a year or so out from discharge? Do you have buddy statements that can vouch for any of the above if your STRs aren't conclusive? If there isn't evidence tying now back to then, or a chain of frequent complaints that shows some continuity of treatment its going to be a difficult claim. You can also get  around the "well, you're just obese and that's why you have OSA" examiner argument if you can get a doctor or sleep specialist to discuss how your other disabilities factor into being obese (if you are obese) - chronic pain, depression, lack of motivation, etc. all contribute to an overall lack of willingness or ability to exercise, which can gradually pile on weight, which can then create sleep apnea. Its a round about argument, but it can be successful. I had to do 1 appeal for it, but that was my fault since I jumped the gun and filed soon after I got my CPAP without having much tying service and the subsequent chain of events to the OSA.

    MH issues themselves can sometimes be a root cause for OSA but you still have to have a doctor make the official connection. You can claim it secondary to MH or physical (or both)- your lay statement does count as one of the three parts of Caluza, but a doctor has to say "yeah, its at least as likely as not tied to this other stuff....." 

  5. We have to request access to your VHA and Tricare records and have a legitimate reason, and every instance is audited. What does a vasectomy have to do with a MH rating? I have a high MH rating and a vasectomy, and had for years before my current job. One has nothing to do with the other. 

  6. CHAMP VA- Yes, family, you, no.

     

    BS to MA- maybe, via Voc rehab (Chapter 31), but you have to want to be employable for Voc, AND you have to explain/show why your BS makes you unemployable IN THE CONTEXT of your current disabilities. You can't climb the ladder with Voc. 

  7. Your son needs to call them- Chap 35 is a benefit that belongs to the dependent. Unless he has given you signed release you can't inquire about anything regarding his Chap 35. You say the college veteran coordinator sent a letter proving enrollment- do you know if  the registrar has formally certified the veteran to the VA as being enrolled? That isn't a letter- that is a process where the school provides enrollment/credit hour information to the VA so that the proper amount for payment can be released. You also can't call them- that has to be the student due to FERPA, unless he gets a form from the school that he fills out authorizing you to call the school for the student's information.

    My daughter enrolled in Aug and just got her first payment the other day and it had depended on when the school actually certified her to the VA- no money can be released until that happens. Has he received his letter from VA (or email, sometimes) that proves his entitlement? This letter also has contact information to inquire about benefits. The phone number for VA Education benefits is 1.888.442.4551

  8. *An addendum- this opinion depends on what you claimed- if you claimed PTSD, it might not be as favorable-to you- because it could result in you being rated something "not" PTSD, if that is important to you. PTSD and many other MH conditions overlap considerably. You can only be rated for 1 MH, though, and often depression, dysthymia, etc are subsumed under PTSD, and can sometimes help towards that end because a previously Dx'd depression today could end up being tomorrow's PTSD rating. The depression/disassociate disorder/personality disorder/whatever was actually a precursor to a later PTSD rating. I know that with some PTSD/MST seeking veterans, they want their rated contention to be specific to PTSD/MST.  I suspect as a validative finding that 'it happened' and, thats great! It's a sign of coping, of healing, and accepting-and can be a strong mechanism for personal peace that the event/events that led up to it are recognized. Working specifically with PTSD claims, I applaud that.

    That said, MH is MH when it comes down to rating, and what is important isn't so much the Dx for most people or what its called for most people but the amount of effect it has for your ability to function occupationally and socially. Some doctors or examiners, for whatever reason, seem loathe to dx PTSD in people unless they had a building fall on them, or were injured in some grievous hollywood manner- that takes away from the gravity of the event for you, the applicant, and is my personal pet peeve with as many of these as I read. That is a whole other topic, though.

    VA rates all mental health conditions using the same diagnostic criteria.  Mental health conditions are rated at 0%, 10%, 30%, 50%, 70%, and 100% using VA’s General Rating Formula for Mental Disorders (38 CFR § 4.130).  These ratings are based on the level of social and occupational impairment a condition presents. So, whether it's called depression, PTSD, socio-affective disorder, whatever, if your symptoms meet X,Y,Z in the ratings schedule then most of the time that is what you are rated. The hard part with PTSD specifically is the stressor and Dx- many vets have difficulty documenting a stressor/stressors- especially older vets- because as much as it can be said that the military operates on a river of paperwork, that paperwork can be really fickle or missing when it comes to documenting some things like non-routine health issues or operational events.

    Sometimes in the absence of a defined stressor that YOU know happened to you you may get dx'd by a doctor with depression or something else because you can't find anything in your service records that points to the event/events that you are claiming as the root of your stressor. Depression can spring from myraid causes- constant pain, medical issues, social stigma, but PTSD is specifically defined by an event or events that are the root of the disorder. If you can't find or document that or point to behavior marker changes that indicate that 'something' happened, PTSD in a vaccum is harder to get diagnosed. I see a lot of claims that started as ratings for depression that eventually end up as PTSD because somewhere along the way after the initial rating a veteran finds something that allows them to define a root stressor, so they refile again, or appeal, for vindication- again, thats great, and is really powerful at helping with the emotional and/or spiritual coping process. 

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