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brokensoldier244th
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Posts posted by brokensoldier244th
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Necro thread revival. I use CBD tincture or distillate for pain. I either put it under my tongue (tincture) or the distillate you can add to other things and drink, etc- its flavorless. It reduces its effectiveness, though, if you do it this way, because it takes longer to be absorbed through the stomach. Most shops will have it- if you can find 'full spectrum' get that, it has other CBD compounds that are usually distilled out in the cheaper types. Those other compounds (still not THC) together are usually more effective. Good luck and I hope you have found something that works for you. Its hard, believe it, I know.
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Hlr is what used to commonly be referred to as a "de Novo" review, or "submitting to dro" in a lot of online forums, and Google searches will often turn these posts up. I've worked with a few vets that read about those and think they are a different category from hlr. Moreso it's just a change in terminology from some years ago although legally it's still a de Novo review.
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FYI, and you may be aware, but you may not be, the number of drugs that have a negative outcome with alcohol- whether by reducing their effect, canceling them out completely, or worse, causing side effects, could fill a book (my BIL is a pharmacist). I had to stop alcohol almost entirely because, while I was not a heavy drinker at 1-2 drinks per week, a few of my medications were likely suffering effects from it because when I quit drinking but for once or twice a year aspects of my health that aren't alcohol affected started improving slightly, but noticeably.
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It is a statement of the case that is provided during a remand, after submission of new evidence, or due to a partial grant with other contentions still undecided. M21-1 7.D.2.a, M21-1 7.D.4.a
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Depends on the reason for denial. Without that there's not much anyone can advise you on.
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-0781 is for ptsd, 0781a is for personal trauma/MST (non combat trauma)
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Have you looked for a local dental college? Many of the students in residency to graduate have clinics where they are supervised by their instructors. What about Medicaid for low-income persons? It covers dental in most states, if not all.
You can also check with local social services, etc.
If you aren't a veteran, though, the VA won't be able to assist.
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They won’t, you can only be rated for one MH condition. They will likely combine them.
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Not or the PTSD dx, just the stressor events you are claiming. I'm assuming this is a 21-0781 or 0781a?
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It's doesn't have to be exact dates, but a general range so we can find it in your records without guessing helps.
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30 minutes ago, broncovet said:
I will add:
(What Broken said about VBA and VHA being seperate) is probably the key reason Vets get called for an exam, and never get the notice or never get a call, and wind up being denied.
(The Veteran thinks he changed his address and phone on ebenefits, when VAMC does not know it, and sends notice to the old address).
It probably also explains why some Vets never get a copy of the VARO decision, because they move, change their address at VAMC and so VBA sends a decision to the old address.
Many Vets, of course, dont know they have to change address at BOTH the VHA and VBA.
Frustrating, especially since when we "call Peggy", we have no idea if the address/phone gets changed at VBA, VHA or both. Ditto for a 21-4138, or "however" we change an address or phone.
I still get phone calls from a landline phone I got rid of about 10 years ago, and have no idea how to fix that.
21-4138's are VBA forms and only go to VBA. Not sure on the call center people, if they have access to one or both but I do know that what access they have is limited and they aren't cleared to see as much as I can.
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35 minutes ago, broncovet said:
Thank you, broken soldier for explaining this problem.
However, Im not sure I completely "get it".
So, if VBA gets access to my VAMC records "only" when I sign the authorization form, I guess this form authorizes "every medical record" in the past, present, and future, because VBA seems to know more about me than my mother. This is because I know the VBA has access to all my records.
This said, can a Veteran "un-authorize" VBA access to my VHA benefits? And, what happens if we do? By signing that form, am I authorizing VBA to all my lifetime records?
We can only access VAMC in the context of a claim. Every login is audited. No, you can't un-authorize it. We are required by federal law to gather all federal records that we can find, and private, but, private is a different form and it only authorizes gathering records for a period of 1 yr.
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Its convoluted but you could try this....
https://www.itgeared.com/how-to-make-tiktok-photo-slideshow-slower/
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You should slow down the auto advance to the next screen.
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The two systems are separate on purpose. We have limited ability to look at VHA- to get Capri records and whatnot for VAMC treatment. We cannot alter or update anything on that side. They can't alter anything on the VBA side. They are umbrella'd under "VA" but they are, legally, and for privacy purposes, 2 separate organizations that require permissions and/or authorizations in order to examine each other's systems, and even then only to a limited ability.
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I agree, they don't. I have to get into the weeds with Quality raters sometimes to justify actions that I take on the claims that I work.
3.156 addresses evidence that was previously submitted but not considered due to VA error, or subsequent evidence that clearly shows that the contention should have been rated X from Y date instead of whatever they decided originally, and since you were appealing for an EED the general rules do not apply. In the abstract, most veterans that file a claim after a decision closes that isn't based on something like EED, or 1151 (VA malpractice), or some special OIG review, will fall under the rule that the effective date is the date of the new claim since it was not a continued appeal.
We all kinda got off the subject of the OP, though- he was asking why evidence submitted after the decision wasn't considered as part of the prior claim. Who said LandNav was easy, right?
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You'll have to send a 4318, or call to verify what is showing, there is more than 1 place to update addresses within VA systems and it sounds like one may have gotten missed. It would be faster to call.
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8 hours ago, Mideis said:
I was just curious about this, I’m sure the dav officer will tell me to file the appeal. He told me to bring in the award letter as well as the letter dated from March with the evidence. Sucks being disabled, I’d trade it all to be healthy and have my career back
Yup, and if you want to you can print off prior decision letters at VA.gov under your claims status, too. That way perhaps they could identify some other claim that may have not been rated correctly, or if evidence was submitted but not listed as evidence in the decision letter.
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5 hours ago, pacmanx1 said:
I can follow your point but using a cheat sheet can cause more problems for the veteran. IMHO, what you posted was a cheat sheet that does not really explain the regulation, and, in my case, I filed a claim for an EED (Earlier Effective Date), the VA reopened my claim as a claim for increase in rating percentage where I did not file because I was already maxed out in my rating and denied my claim even after the DBQs IMO listed the VAMC medical records and the examiner's medical opinion that I was diagnosed and treated at the VAMC years before my claim was granted. Now my appeal waits at the BVA.
If you wanted something more specific you could have asked. I was answering Rattlers general question.
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They are all supplemental claims. The difference is in the recognition of the effective date. If you are alleging an EED or a CUE you are asking for that specifically and they have specific standards required, and specific things reviewed to determine if the effective date is correct.
If you just disagree with a decision, it's also a supplemental, but outside of a year after a decision the effective date is that of the newly filed supplemental not the original claim.
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You can, you just don't get the original filling date if you file the supplemental more than a year after the denial or rating.
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Joint pain and fibro are pretty common MUCMIS (medically unexplained chronic multisystem illness) under CFR 3.317.
Scroll down to section 'baby b' (lower case b) there is the list of MUCMIs that apply to SW Asia/Gulf
Also,
https://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp
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Because it was closed.
All evidence is admissible, up to the point of finalization- I see claims every day where its in a rating stage but not rated, but there is new evidence received- RFD (ready for decision) isn't 'closed' so it is added to the running claim. Once it has been finalized, though, that's it- it's done. You can argue for an increase based on New and Relevant information, or you could appeal the original decision, although it sounds like the info you would want to appeal with, while new and relevant, wasn't available at the time of the rating so it wouldn't be an error. Unless we had other known means of obtaining it, like 21-4142 auth to request it from your private providers but didn't, or you supplied it and it was overlooked it wouldn't be insufficient development.
Great News (and one question)
in VA Disability Claims Research
Posted
Outstanding, Charlie!