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VNVetwife
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Posts posted by VNVetwife
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No Papa - not you-
I spent quite a bit of time posting some information regarding your question that got some double posts in it-this was why I ddnt respond sooner and I was going to either edit it or re do the whole thing but left it all on the board because I couldn't at that time-I think the weather was affecting my PC sattelite-temporarily.
Now I see my entire post has completely disappeared.
Time wasted and info that could have helped someone is gone.
Could you repost what you had posted before ? We have two children and both of them had learning disabilities and other mental and phyiscal health problems.One was scoliosis {curvature of the spine},learning disabilites,anixety disorders ,depression .......The other one, has Scitzaphrena,{I know I didn't spell that right} and learning disablities ,depression,and anxiety disorders...... Any help appreciated.....Thanks in advance for any information.
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Thanks to all, my wife called the 800 number today and found out I am P&T. Everyone here is such a help. I will try to be of assistance when I can.
Congradulations !!!!!!
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Does the clock keep ticking even though Congress is on recess or does it stop and start back when they return?
The clock will keep ticking.! Thank Goodness !! They will have to start paying on claims after the 60 day CRA is over ,even though they are on recess, the 60 days will be up Oct.31 ,,60 days after it came out of the Fed.Register on Aug.31........We won't have much longer to wait.!!!!!
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Kelly: I did represent myself for the first year plus. I had direct contacts at the Little Rock regional office, however all of that abruptly changed in Dec 2008. All of my numbers to the regional office were then forwarded to the national 1-800 voice system hell. I was told that the regional offices were no longer going to communicate directly with veterans and that I needed to get a representative. I chose DAV because they're physically in the VA building at Little Rock. I figured "How hard can it be to walk down the hall and talk to somebody?" Boy, was I wrong.
I do intend to "fire" DAV this week. I assume I undo it with the same form I that I originally used to select them. Are people that represent themselves now just calling the 1-800 number?
Pete: I've kicked around applying for Social Security but to date haven't. I'm not quite 50 yet and heard that under 50 is an almost automatic denial. I know, you get a lawyer and appeal. I guess I just haven't been ready to start a second war yet.
You can get SSDI under 50............I was 38 when I got SSDI ,,due to Narcolepsy {it's a sleep disorder} and sleep Apnea. I was denied ,but appealed ,,then was awarded disability.It took 2 years ,but I got it at the age of 38.So don't give up on your TDIU and go apply for SSDI..... I'm not a Vet,but a Vets wife. My husband is a Vietnam Veteran. He gets 40% for PTSD and {Diabetes Type II associated to Agent Orange }........He is now waiting on the the rating on Ischemic Heart Disease ,,from heart attack.,,,,if that gives him enough percentage, then he's going to file forTD IU....... He also gets SSDI ,,he filed for it and got award letter in about 3 or 4 months,,he wasn't denied but was awarded.......Most people that applies for SSDI is usually denied and have to appeal,,,like I did ,,,,but he wasn't denied in the first place,,. ,,,,scared him though,,,, ,he said they think he's going to crook any minute....lol......He does have a lot of health issues,,but hopelly now that he's not having to work ,and takes care of himself ,I hope he lives several more years..His doctor took him out of work.......Don't ever give ,,,keep fighting ,,,I've rambled enough,,,just wanted to let you know you can draw SSDI below 50.........By the way ,I am 55 years old now and my husband is 60. Good Luck and God Bless.
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Hello All,
I received a copy of my C&P and it blows my mind!! The doctor had asked very little questions, none seemed pertinent, but he sure came up with a lot of answers, without any true knowledge, nor an apparent true review of the file, even though he notes he did a review of it. Additionally, he did not concede the PTSD, even though it is one of the reasons for my ongoing treatment outside of the VA.
What really bothers me is that he put so much erroneous information in the exam report, it almost seems as if falsifying information, to make it all fit. For example, I have not worked since 2000, receiving SSA disability, but he notes "Employment: time lost from work--few hours...mild effect on social functioning and no effect on employment." That statement alone should speak volumes even to the VA who is aware that I am on disability that there is something seriously wrong with the exam, never mind all the other outright errors (lies) the doctor could not have possibly gotten from information from me, or my file. Of course, I've not heard anything more from them regarding the pending appeal.
What boggles my mind is...why? Why would a doctor make a report that, obviously, does not even fit the record? Wow, that is scary for even the new regs regarding PTSD if determined by a VA doctor. Obviously, by this example, a doctor can say pretty much anything they want, even when it's not matching what is already on record. So, how are we to dispute it? I have sent the VA a letter making note of what is contradictory, stating the exam was inadequate, and requesting another exam. Only time will tell if it will be arranged since it took six months just to be able to get a copy of the exam report.
So, does anyone have any experience in matters such as this? If so, what is the usual protocol? Will the VA go by this flawed exam, regardless of what else is on record? I am so upset about this, I'd like to send a copy, a copy of the contradictions of the exam with matters already of record, to the top VA man and ask how do they allow this? How do they allow a doctor like this to examine veterans? In any case, thanks much for any information anybody can share with me.
My husband filed a claim for Diabetes Type 2,, ,he had a C&P ,he told them about his feet going numb,and the tingling, stinging in them also.He was awarded SC Comp.because it's associated to Agent Orange ,but in that letter it stated that patient denied peripheal neuropothy,,thats total opposite of what he told the doctor,Why he wrote that down ,,is beyond us. Can not understand that.
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YES!!!!!
Great. This is why we MUST carefully read the evidence list in a SOC carefully and then- even if they do acknowledge the evidence-they must opine on it in the narrative.
If the VA doesn't list something probative (such as an IMO) as evidence, this means they lost it, destroyed t, ignored it, or are too lazy to read it.
Berta, can you tell me what SOC and IMO ,and QTC doctors means .I have seen this in several different threads and didn't know what it meant. I'm fairly new to all this VA stuff.I wish I had a list or something to look all these adbreviations,because it gets confusing when reading something, not knowing what they mean.
1Lonewolf,,, Hang in there ,,don't give up,NEVER give up . Keep fighting these denials,as long as it takes ,but don't ever give up.......I hope and pray that everything works out for you . I will be praying for you ,and I want to Thank You for your Service to our Great Country. .........There's a few people in this country that don't appreciate the Freedom that they have ,and if it weren't for your Great Service and the Service that ALL Vets like you and Soldiers that put their lives on the line for us, to have our Freedom,then it is a shame that they are even working in the VA system.......Just remember,, 1Lonewolf ,,that there is MORE people that do appreciate your Service, than those that don't . ......Try not to let this pull you down,and make you bitter,,because you are a BETTER person than that women that made you lose your sc comp.......I'm sure you will triumph in the future !!!!!...........May GOD BLESS you, every day of your life.
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You won't get an SOC until after the DRO issues her decision and then only if denied.
pr
What does SOC mean ? I don't understand a lot of adbrevations that are posted on a lot of these threads. just wondering,,I'm not trying to be noisey.
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I have a feeling that time in Nam is going to start getting a significant look by Congress and is one of the examples that Webb was harping on.
May not effect those that have already been awarded but those in the future awards are going to get looked at harder. This is my honest opinion and NO I do not have anything except gut feeling to back it up.
I do plan on being at the senate meeting on the 23rd so I will get to see first hand.
Please post us anything you find out at the hearing ,I;m glad someone in here, is actually going to be there, to get a first hand view on all talks that will take place. Thank You,, stillhere ,,for going, and I know you will fii us in on everything that is talked about.
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Could someone tell me what SMC,,special monthly compensation ? What conditions or what disabilites, would quilify for SMC ? I've not been on this web site for very long ,,and don't know what a lot of all these different things mean.......I'm trying to learn as much as I can from these forums ,,but some ,I just don't understand ,,,and I'm sure that there is a lot, still that I've never heard of ,,but trying to learn and understand .My husband was in Vietnam,and never even went to VA for any kind of help until he became too disable to work....He had a heart attack in 2005,,,that led to Ischemic Heart Disease. In 2006 ,,he developed DMII ,,among other health problems,,that's when he had to stop working. .....Someone told him that DMII was on the presumptive list of diseases associated with Agent Orange..We had heard of Agebt Orange a long time ago ,,but he never would go to VA and get checked out or put on the AO list of studies ,,he never wanted anything to do with VA ,because of the way they treated when coming home from over there.....After he had to stop working ,,he had no choice but to go for health care because we would no longer have health insurance,,to help pay for all the medications that he is having to take......He also filed for SSD in 2006,I,and was awarded that just in a few months.....He filed through VA for DMII ,and PTSD and was awarded 40% total for the two disabilites.,,He didn't file for the heart because it wasn't on AO list of diseases.... We sent all of his private health records in to the VA ,and they awarded him for both DMII and PTSD,,,but stated in that letter that they saw where he had other medical conditions such as the MI he had in 2005 and Hypertension ,but couldn't compensate it secondary to DMII because MI pre-dated DMII........There is a lot of people thinks, that by VA referring to that MI ,,they know about his heart condition, ,that he might quilify for Nehmer ,{ he filed for IHD in Jan.2010 ,when we found out that VA was adding to AO list },he is just waiting on the CRA to pass it ,,hopefully when Congress comes back from vacation in around Sept.14 2010.,then VA can start rating and paying compensation....He's already had a C&P test ,EF of 45% ,,,so we are hoping for a 60% comp. rating. ......That would quilify him to apply for IU,,along with award letter from SSA and a form they printed out for him ,stating that they found him disable on the Ischemic Heart Disease and Hypertension.That is a sc condition IHD ,that he filed with VA, ...................We don't understand what this SMC is and what it takes for one to be eligable for it .He might not be eligable fot it ,but it doesn't hurt to see if we can find out what's it all about. ............. Thanks in advance for any information that anyone can give. ...Thanks again.
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Yes this may delay the process of the IHD claim but I am thinking that since he was awarded SSDI for PTSD and DMII, filing a TDIU claim is asking VA to increase his ratings for his PTSD and DMII. VA "should' increase this based on the SSDI award. Of course you maybe looking at another nine months to a year but the effective date will be the date that he files. If you wait once VA makes a decision on the IHD claim, then you file a TDIU claim, VA will then review the evidence to determine if he should get an increase in his PTSD and DMII ratings. Even though it is adding more time, by filing now the effective date could be the same date he filed the IHD claim
I Hope This Makes Sense
Thank You for replying to my post ,,we will check on this at our local VA office,,where he has filed all his claims at .I appreciate all the information you have given us ,,,,,,Thanks Again ..............I have learned so much on these forums ,,I'm so glad I found these Veterans forums because my husband didn't start with any kind of help from VA until 2006 ,,we have found out so much about the different kind of benefits that VA offers to Veterans.We didn't even know about IU ,,P&T until I found these forums and started reading about them................I thank everyone on here for everyone's comments ans advise................... Thanks to all of you for being so nice and imformative.
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If you don't file now you could be losing money. When he filed for an increase for PTSD what did the C & P exam state? I am thinking because he was awarded SSDI based on his PTSD and DMII, VA 'should" increase his claim and that will help also. Do you have a copy of the PTSD C & P exam that you can post the; diagnosis , medical opinion? Cover all personal information.
No ,,we don't have a copy of C&P test for PTSD nor DMII.......... He was awarded SSD on IHD,, that form from SSA I mentioned below in my post it said Ischrmic Heart Disease ,,and hypertension......,, ,,not PTSD ,nor DMII ........I'm sorry If I confused you . He had heart attack in 2005,,,,,,developed DMII in 2006 ,,because DMII was on Agent Orange list ,,he filed for DMII and PTSD,,because he has always been bothered by nightmares ,,depression,,anxiety,,he just never would go to VA for help,,he wouldn't have then but had to after he had to stop working ,because he wouldn't have insurance to help with meds.,,doctor etc....... I think the way I'm going about this is what is confussing......He didn't file for IHD in 2006 because it wasn't on Agent Orange list of presumptive diseases........Last fall when Secretary Shenseki of the VA said he was going to add IHD to the AO list of presumptive diseases..tha's when my husband went and filed for IHD ......We got a copy of the C&P test for IHD ,,we are hoping for a pretty good rating on that and maybe that will quailify him for IU,, because right now he doesn't have enough percentage...........I have been reading on here where some are going ahead and filing for IU even though they haven't been rated on some of their pending claims. and don't have enough percentage,, some are saying to go ahead,,now......We aren't sure what to do .,,we were afraid that that might interfere with the claim thats already in .................Thanks for replying to my post and to any comments you might have on this.
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Since your husband has already been awarded SSDI, it is a very good chance of getting TDIU. Has he filed the TDIU form, since the SSA awarded him SSDI for his PTSD and DMII, VA may or may not fight the claim for TDIU but he "should" eventually win.
Here is the form:
http://www.vba.va.go...21-8940-ARE.pdf
How close is his current claim to be rated?
He hasn't applied for IU yet....He's waiting on claim on IHD ,,its one of the new 3 presumptive diseases on Agent Orange list ,,it has just came out of the OMB ,,now it has got to go before CRA ,,{Congress Review} ,before VA can start paying on claims ,,everyone's claim on IHD associated with AO is on hold until Congress reviews and approves.........This is why I'm wondering if he should wait to see what his ratings will be on IHD ,,{because right now he is only at 40% total for both DMII and PTSD} ,,by VA math ,,even though in award letter PTSD is 30% DMII 20% ,,that would be 50% in our math ,,but not VA's math,,,,,or go ahead and file for IU???
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He already draws SSD ,,has been since 2006,, when he had to come out of work .....He went to SSA and got a form #SSA-2458 , {someone on another Vets forum told us to go get } ,that form tells what they SSA finds you disabled on ,,his said Ischemic Heart Disease.,,he got it to send in for his claim on IHD. Do you think this would be as good as a statement from doctor for applying for IU ???? .....He no longer goes to his private doctor,, because after he had to come out of work in 2006 ,,he started going to VA doctors,,because we lost our health insurance through his work.,,thats when he applied for DMII and PTSD . ....He also went and applied for SSD and was approved for that a few months later..... His heart attack was in 2005. We sent all of his private doctors records in when he filed for DMII and PTSD ,,but didn't file on IHD because it wasn"t on AO list. ...When he got award letter granting him sc compensation for DMII and PTSD,,..they referred to his MI he had in 2005,, but they said they couldn't give comp.for that secondary to DMII because MI predated DMII. ...............Thank You for replying to my post ........Any comments on any of this will be appreciated, ,,,,,,Thanks in advance for comments.
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Your husband would need a statement from a doctor stating that he can not work due to his service connected disabilities. If your husband can get this statement now, it could greatly help his chances of getting an increase in his disabilities.
He already draws SSD ,,has been since 2006,, when he had to come out of work .....He went to SSA and got a form #SSA-2458 , {someone on another Vets forum told us to go get } , to send in for his claim on IHD. Do you think this would be as good as a statement from doctor for applying for IU ???? .....He no longer goes to his private doctor,, because after he had to come out of work in 2006 ,,he started going to VA doctors,,because we lost our health insurance through his work.,,thats when he applied for DMII and PTSD . ....He also went and applied for SSD and was approved for that a few months later..... His heart attack was in 2005. We sent all of his private doctors records in when he filed for DMII and PTSD ,,but didn't file on IHD because it wasn"t on AO list. ...When he got award letter granting him sc compensation for DMII and PTSD,,..they referred to his MI he had in 2005,, but they said they couldn't give comp.for that secondary to DMII because MI predated DMII. ...............Thank You for replying to my post ........Any comments on any of this will be appreciated, ,,,,,,Thanks in advance for comments.
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My husband is 30%PTSD and 20% DMII,,,Also has a claim in for IHD ,,just waiting on ratings and when V A get ok from the CRA to start paying comp,for it ........Pretty sure he wll get a 60% rating on IHD because of EF 45%.,,,,,I believe this would quailify him for IU ,,but what would be the chance for P&T ??,,since that would also give more benefits such as ChampVA, for Me and our disabled son,,that has been disabled all of his life .Any information on this would be appreciated.........Thanks in advance
Can someone give me an answer ,to my comment above ???
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Thanks Mozart for the timely post of this! I slept in a little this AM had a bad night sleep wise.
I have not had a chance to read all the way through but it appears as far as nehmer it is going to be applied pretty much the same as DM2 was in it's final rule. The only difference I see is with DM2 if you had a disease and had not filed they at least gave you 12 months of retro from the date the condition was put on the list. In other words the date DM2 was added May 2001 I think. If you had a DX of DM2 prior to that date they gave a year of retro.
In the case of IHD, Parkinson's, and hairy cell it says we will get paid from the date of it being added.
So the guys that filed for it before and were denied should/could get a nice retro check to help them and those that did not either because they were unaware or did not know will not.
Is that how the rest of you read this?
You said in case of IHD,,Parkingson's ,,and hairy cell ,,vets will get paid from the date of it being added. ......Does that mean when it went to the Fed. Register or when it was final and came out,??,, Please all replys appreciated.
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A common misconception is the plain fact that a Veteran does not have to be either 100 percent or TDIU to be rated Permanent and total.
Example: A Veteran lost an extremity in service. The VA 100 percent P and T's the lost extremity. Then after the fact the VA rates the extremity at 30 percent. The extremity is not going to grow back so the Permanent and total should not be severed.
The 100 percent is only a rating. What counts is the permanent and total. That opens the door to the Chapter 35 and champ VA benefits.
J
My husband is 30%PTSD and 20% DMII,,,Also has a claim in for IHD ,,just waiting on ratings and when V A get ok from the CRA to start paying comp,for it ........Pretty sure he wll get a 60% rating on IHD because of EF 45%.,,,,,I believe this would quailify him for IU ,,but what would be the chance for P&T ??,,since that would also give more benefits such as ChampVA, for Me and our disabled son,,that has been disabled all of his life .Any information on this would be appreciated.........Thanks in advance
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A claimant can also be rated 100% schedular by meeting the criteria for 100% w/one disability, as I am, 100% for PTSD, alone.
pr
Thanks for replying to my post,,My husband is 30% Pstd and 20% DMII,,and we think he will be around 60% ,,when this new 3 presumptives diseases goes into effect.,,His claim is for IHD.... I think that will put in up to 80% by VA math.....We are wondering where to wait until he is rated on IHD and goes in effect,, before he applies for IU,, or to go ahead and file for it now ,,we thought if he goes ahead now it might slow the claim down....Do you think that will slow down the claim he has in already for IHD ??
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I would also like to point out that the rate of comp is the same whether you are 100% or 70% being paid at 100% the only time extra monies become a factor is when there is additions such as dependents and SMC benefits.
Also when you get 100% your disabled insurance through the VA is free for the first 10,000 and you are allowed to purchase an additional 10,000.
Thank You for replying to my post ,,this information is very helpful ,,Thanks again
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Basically veterans that are awarded 100% schedular most likely have disability ratings that are rated around 230% but VA combines their ratings and only pays them 100%.
TDIU/IU is when a veteran is rated service connected and is less than 100% but their condition is so severe that VA awards them TDIU/IU and pays them the 100% rate. The veteran is considered unemployable.
P & T is when a veteran has a disability that is reasonably certain to continue throughout his or her life. P & T adds Military MWR ID Card, dependent education (CH 35), dependent health care (CHAMPVA), Life Insurance, and state benefits (Check your state).
A veteran can be awarded 100% schedular and P & T and
A veteran can be awarded 100% TDIU P & T
If I missed something others will chime in.
Thank You Very Much for replying to my post,,,Thank you for information,,you explained it very good ,,I can understand it a lot better now. .
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Can anyone please explain what 100% Schedular is ,,and how is that different from P%T or TDIU or IU.??? How do each effect benefits ,monthly pay and medical benefits.?? Thanks in advance for any information anyone can give.
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The best thing is to get 100 percent schedular for any physical condition (Not Mental) then you can work, go to college, do anything you physically can do and want to do.
J
What is 100% schedular ?? How is this different from P&T or TDIU ???
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If they don't see him they will cut his meds as the script runs out
Thanks for reply,, Thats what we thought and told him so ,,he said oh no ,not my heart meds,,,my husband is on heart meds too ,,he told him theres no way he would do anything to mess up getting his meds ,,his friend said he wasn't going to worry about it ,,so I told my husband to stop worring about him ,if he wouldn't try to help himself. ,,,better said than done though.
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It will also complicate things if he ever has to file for an increase for anything, as there will be a sizable gap in the treatment record.
We told him it might interfere with the benefits ,,,,he said it wouldn't ,,, We don't know what to do except ,,I told my husband that he might have to learn the hard way ...........Thanks for replying to my post.
Denied Tdui And/or 100 % And I Am Almost Crippled!
in TDIU Unemployability Claims
Posted
1 Lonewolf ,,have you heard anything else on your claim ? Was just wondering ,I've been praying for you and for your sucess on all this ,that you get all that you deserve .I hopr you hear some good news . Keep hanging in there. Take Care and God Bless You.