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georgiapapa

Master Chief Petty Officer
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Everything posted by georgiapapa

  1. This is a perfect example of where a potential claim problem could be resolved if the claimant and the VA rating official were allowed to meet in person or at least communicate by telephone. If rootbeer had a pending claim at SSA, he could walk in the door at SSA and meet with someone who has computer access to his file or he could call the SSA by telephone and discuss his claim with someone with computer access to his file. If the VA allowed claimants and VA rating officials the ability to talk in person or by phone, think of how many problems with claims would be corrected at the RO level. I would think this would result in rating decisions being faster and fewer claims going to appeals. For some reason, the VA does not want direct contact between claimants and VA rating officials. I can't figure this out. JMO GP
  2. jeffperry 1134, I do not think it will cause them to delay your new percentage rating and retro since you will only be appealing the EED of your rating increase. Effective Date for Rating Increases: The earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim received within one year of such date, otherwise, the date the claim (request for increase) was received. Good luck. GP
  3. saints 13, Since you are familiar with your PTSD symptoms listed in the medical evidence you submitted in support of your claim, go to 38 CFR part 4.130 and review the schedule of ratings for mental disorders (including PTSD). Compare your symptoms from your medical evidence with the different boxes showing symptoms required for each percentage level. The box containing the majority of your symptoms is the percentage level you should be awarded by the VA. If you have the same amount of symptoms in more than one box, you should receive the rating of the box with the higher percentage level. JMO Good luck to you. GP
  4. militarynurse, Please review 38 CFR part 4.97 and see if you can find anything in the Schedule of Ratings for Respiratory Disorders showing "Chronic Cough" as a separate rateable condition. When I looked, I found chronic cough mentioned in association with other respiratory conditions but not by itself as rateable condition. However, I may have missed something. The VA uses the rating schedules in 38 CFR part 4 to rate the different medical conditions. GP
  5. Good job militarynurse. I never knew it was a ratable condition. I learn something new just about everyday on Hadit. Good luck. GP
  6. schmitty918, When were you discharged? When did you file your claim? The reason I ask is if you filed a claim within 12 months of your discharge date, the effective date of your claim would be the date of your discharge. It is common for the VA to put the date of the last COLA (Cost if Living Increase) on the award notice and December 1, 2014 would be the date of our last COLA and not the effective date of your award. If this was the case and you were discharged about 16 or 17 months ago, your retro could be around $14,000. Good luck and thank you for your service. GP
  7. militarynurse, You could go to www.bva.va.gov and click on "search decisions" on the right side of the web page. This will allow you to search BVA decisions for info on claims for different medical conditions that were appealed to the BVA. In the key words section, type in "chronic cough" and see if you get any hits. Good luck. GP
  8. James, With the exception of mental disorder claims and hearing loss claims, I believe most VA C & P exams are performed by PAs and NPs. They are given a computerized checklist of questions to ask during the exam. I had a C & P exam for Multiple Myeloma which is a blood Cancer in the bone marrow. The NP who performed my exam had no knowledge of Multiple Myeloma and admitted she thought my claim was for Melanoma skin cancer when she first saw the exam info. Fortunately I brought my medical documentation to my C & P exam and the NP used the info from my records to complete most of the answers on the checklist and prepare her report. I did win my claim. I believe the VA uses NPs and PAs because it saves the VA money. Is it fair to vets? No, but fairness to veterans takes a back seat if the VA can save a dollar. JMO Good luck to you. GP
  9. vern2, In regards to my other post, I am assuming you can print copies of the other veteran's records from your CD. GP
  10. vern2, If the other veteran's address is listed on his documents in your file, I would mail them to the other veteran with an explanation as to how you received them. He may have some of your records in his file. Possibly, a VA employee at your RO was working on both of your files at the same time and mixed up the records. Even if the other veteran's address is not in your file, he more than likely lives in your state since you both appear to share the same RO. Unless it is unlisted, you could probably find the other veteran's telephone number on the Internet and be able to contact him if you want to make him aware of the records. JMO GP
  11. NHB, Something is wrong here. You are probably going to end up with kidney damage if you keep taking the same dosage levels of Ibuprofen or other NSAIDs. Please follow Berta's advice above. You need to get off of the heavy dosages of ibuprofen. JMO GP
  12. RacinRandy, They probably aren't aware of it at that time unless you submitted documentation to them showing you are receiving SSD or SSDI. If you make them aware of it, it probably helps your claim if your SSD or SSDI is based on the same medical conditions listed in your VA disability claim. It would definitely help your claim if filing for TDIU. JMO GP
  13. ranger, In order to convince the VA they made a mistake and your medical conditions should be service connected, you will need to show them how your different medical conditions were incurred in or caused by your military service. Take any evidence you have showing a connection to military service so you can point out references in your evidence showing a military connection. For your current service connected conditions, review 38 CFR part 4 and find the Schedule of Ratings for your particular medical conditions. Review the different percentage levels and find the box that contains most of your symptoms listed in your medical records. This gives you an idea of the rating you should have received. If your rating was lower, point this out to the VA officials during your meeting. In regards to the C & P exam you missed because you did not receive the notice, just explain what happened. Be truthful during the meeting and keep your cool even if they do not tell you what you want to hear. Keep in mind, you will probably have to deal with the same RO in the future and you do not want to piss them off and have a red flag next to your name. JMO Good luck. GP
  14. militarynurse, I may be wrong but I do not believe a cough is a ratable condition. It is more than likely considered to be a symptom of a medical condition. This is just my opinion and I am sure others will correct me if I am wrong. Good luck. GP
  15. NHB, You can send in a "statement in support of claim" and point out any incorrect info or omissions in your C & P exam report. If your other medical evidence contradicts the responses in the C & P exam report, point this out in your statement and make references to the parts of your other medical evidence that differs from the C & P examiner's responses or comments in his/her report. JMO Good luck. GP
  16. Buck, I am glad your hand is better. It just ticks me off to see the kind of crap you and other vets have to deal with at your VAMCs. I am fortunate to have good health insurance so my contact with my VAMC is minimal. I actually feel guilty that all vets aren't afforded the same level of medical care I have access to as a result of my medicare and health insurance provided as a result of my federal employment when I retired. Veterans deserve the best health care available and they are not receiving it. I know I keep repeating this but it needs to be repeated until it happens. Good luck and take care my friend. GP
  17. Berta, This is great info. I will add this to my notebook I have been preparing for my wife of things to do when I die and benefits available to her upon my death. I have made my adult daughter aware of the notebook so she can make sure my wife does what she needs to do to get the benefits available to her from the VA and OPM (federal civil service). Berta, I hope you don't mind but one notation I placed in my notebook was for my daughter to go to the Hadit website if she has any questions regarding surviving spouse benefits and use my profile name and direct the questions to you for advice. Note: I do not plan on going anywhere anytime soon but I just like the peace of mind knowing I have done everything I can to make sure my wife can get on with her life after I am gone with as little stress as possible. Fat: Sorry for jumping on your thread. Great question. GP
  18. Buck, Excuse my typo for Allison Hickey's first name. My I Pad takes it upon itself to replace my words with words of its own through automatic spell check. I should have proof read my post better before I hit the red button. GP
  19. Buck, You should try to get in touch with your hand surgeon and make him aware of what happened and what you were told by the desk clerk (jerk). Maybe he can work you in or at least try to get you a quicker appointment. If that doesn't work, I would go to the VAMC Director's office and let them know if they can't help you, your next call or email would be to Bob McDonald or Allowed son Hickey. After surgery, it is important to follow up with your doctors as instructed so they can see that you are healing properly and progressing with your hand therapy. Don't let the VA short change you. You deserve better. JMO Good luck and take care of yourself and your better half. GP
  20. In order to show your doctors faxed the medical records to the fax number listed in the letter, you could try to get copies of the fax confirmation sheets at your doctor's offices. The confirmation sheets should serve as proof the faxed medical records were received at the location where the 844 number is located. You could provide copies of the confirmation sheets to your DAV rep to provide to the RO or mail copies to the address on the letter which directed your doctors to fax the records to the 844 number. However, I believe hand delivering the records to your RO, as I indicated in my previous post, is the best way to prove the VA received the records. Your RO can forward the records to where ever they need to go. In the future, always gather your own medical records. Do not depend on the VA obtaining the records. This will slow your claim down as you have experienced. You also need to have a copy of everything that goes to the VA for your records. JMO GP
  21. I would go to your doctors offices and get copies of the records. Make a copy of all the records for yourself. Hand deliver the two sets of records to your RO or your DAV rep if he is in the same building as your RO. Personally I would hand deliver the records to your RO and have them date stamp your copies of the records so you can prove they received the records. JMO Good luck. GP
  22. According to the Mayo Clinic website, lung nodules are usually benign although some become cancerous, usually the larger nodules. It appears that an annual CT scan is standard protocol to see if the nodules have changed. Other diagnostic tests used to evaluate nodules include PET scans and the bronchoscopy. If nodules are suspected of being cancerous, tissue biopsies are conducted and the tissue is sent to a pathologist for examination and to determine if the tissue is benign or malignant. In regards to your thyroid nodules, the Mayo website stated that most thyroid nodules are not cancerous although you could be given a Fine-Needle Aspiration (FNA) biopsy just to make sure. Other diagnostic tests used to evaluate thyroid nodules include ultrasonography, thyroid scan and thyroid function tests. For more specific info, go to the Mayo website. If you feel the tests were were inadequate, ask to have additional testing, perhaps tissue biopsies for the lung nodules and FNA biopsies for the thyroid nodules. If the VA refuses the additional testing, you could go to a private oncologist for a second opinion. JMO Good luck to you and take care of yourself. GP
  23. It veterans with PTSD were homicidal rather than suicidal, they would get the attention they deserve because VA mental health professionals and the general public would be afraid for their own well being and there would be a public outcry for the VA to provide PTSD veterans with everything needed to properly treat the veterans and protect the public. It is a national disgrace that almost two dozen veterans a day commit suicide. JMO
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