Carl the Engineer

Missy, If you can afford or have private insurance, you can get a better diagnosis from a civilian doctor, and they would probably do the scan. The VA uses my civilian records alot when it comes to my claims. Getting VA healthcare to do anything for your VA disability is like trying to nail jello to a wall. Just a thought, Hamslice

Missy, You need to start a new post with your question. Not too many people are going to see it here. Just sayin, Hamslice P.S. Good job, Chomper.......

This may sound to simple, but the VA will not connect the dots for you. You need to claim your left shoulder secondary to your service connected right shoulder. That way you do not need to show in service injury, you already have that. I was service connected for my left shoulder when I left service. A year and a half later, my right shoulder hurt with movement and my right elbow hurt with movement. I then claimed both right shoulder and right elbow secondary to my left shoulder and won. Overcompensation from my service connected left shoulder injury. Here is the kicker, I am 10% left shoulder, and 20% right shoulder (dominate ROM), and 20% right elbow (ROM). So that one 10% service connected disability got me two 20%'s. If you were trying for SC for your left shoulder 3 months to late to show it happened while on duty, that is probably a loser. The VA is a stickler on the easy things. Wait a while, get a good IMO and file for secondary to your service connected issue. In my shoulder case(s), I used the C&P exam where they compared both my shoulders. The examiner said both my shoulders had arthritis and I asked here if overuse could cause that and she said yes. FWIW, I am also 30% heart disease secondary ot 10% HBP. I used private medical records for the connection here, however, the x-ray evidence gave me the 30%. Secondaries are where the money is!! You don't have to prove inservice, you already have that part. I wouldn't fight the denial, just except it and move on a different angle, Good luck, Hamslice

Paul, I agree. I believe any or all cases should be resolved within a year, unless more evidence is added. Why some cases can last 10 years if not longer is criminal. My old thought has changed. I used to say, that once your initial claim was denied and that if you then won it on appeal, etc. that there should be treble damages, three times the claim added on in damages. Now my new thought is, one years claim comp, two years 2 x comp, three years 3 x comp, etc. At about 10 years, it should be getting someones attention. Maybe there should be a 3 year building, 5 year building and the covetted 10 year building where these case should be sent. With a phone specific to that building, and a public weekly update. I am afaid yours was just added to the pile and everytime someone checks on it or looks at it, it gets sent back to square one. Not sure, but thats how it must seem. My recent secondary claim went to at least three different raters in three different states. The oposite of efficient. Sorry, wish I could be of more help, Hamslice

https://microhealthllc.com/bilateral-va-disability-rating-compensation-calculator/ This is the calculator I use. It counts your bilaterals first and then the rest of your disabilities and for me it even lets me add my spousal A&A for my wife. And you can print it out. Hamslice

Rita, Where was your exam at? Mine have all been at a VA Hospital and I would find it quite difficult for them to watch me exit my car and enter the building, however, not impossible. I do have prior knowledge of a private Dr. that used to do that for SSDI exams back in the day when my wife was a medical transcriptionist. As far as them calling you early, well at my last exam, I left my house way too early (90 minute drive) and I arrived at the VA a hour early. When I entered the building I logged in with the kiosk and proceeded to the floor and was walking down the hall when the nurse was calling my name. They were ahead of schedule. Now as far as the exam only lasting 8 minutes would be a red flag for me. It took all of the 45 minutes they had me for to do the exam by the numbers for my foot and ankle. Was the examiner following a checklist or something and making marks or entrys? Or all by memory?? Anyway, after about 3-4 days your exam should show up on eBenifits, so you should get an idea of what happened. Good luck, Hamslice

https://www.va.gov/vetapp15/Files3/1520269.txt Claim for hyperlipidemia was denied, but claim for coronary artery disease caused by hyperlipidemia was granted. So, there are somethings that are attributed to it. I do like the VA's rationale in that hyperlipidemia is a "lab test" and not a disability. Well appearently I am taking medicine for a lab test that was cause by my service. Makes perfect VA sense!!! Hamslice

I would wait for the letter from the VA. I had a simular thing happen and even though the rater asked the examiner to opine on something that I did not claim to include whether it was as least as likely as not caused by, etc.., it was not mentioned in my letter. The examiner was even asked and she did opine that it was caused by and as least as likely greater than 50% etc.. I am filing another claim for it. Not sure were the rater was going with the questions, but it was on a reffered part of the claim. Hamslice

High cholesterol is a laboratory finding, which is not a chronic disability for which VA disability benefits may be awarded; an underlying disease or injury is not identified. The above is the VA line regards hyperlipidemia. So, my question changes to "does anyone have a service connected disability that hyperlipidemia caused or contributed too?" I may have answered my own question re, my service connected hypertension. My thought was on the taking of medication. The condition (labratory finding) has caused me to take a medication. Probably a link there somewhere. I'll keep digging, Hamslice

Thanks, I just read them also. Maybe someone has got service connected for it? Worth asking, Hamslice

All, Went to my Cardiologist today, after I got my lab results back from my recent VA clinic visit. The doc from the VA and my Cardiologist have agreed to put me on Lipitor because of my high LDL. My LDL number is 125 which was not terrible, but now they have lowered that number for people like me with heart disease. Now they are looking at 70. Never been there since they started testing me in the early 80's. A little background; I was diagnosed for hypertension and hyperlipidemia back in 2004 while on active duty. I was service connected for hypertension at 0% controlled by medicine in 2008. I was service connected for heart disease at 30% secondary to the above hypertension because of LVH in 2016. My question to all of you is, Because I am now taking medication for my high LDL and that it can be attributed to hyperlipidemia; -is high LDL claimable? -is high LD rated seperate from either HBP and or heart disease? -anyone service connected for high LDL or hyperlipidemia?, and or with other heart related issues. Thanks for all the help, Hamslice

This worked for me. When I got out I had all of my medical records except for when I was hospitalized while deployed to Iraq. I requested my medical records from all of the regular sources to include the Wisconsin National Guard HQ's, since I was a member. All came back with nothing. A year later, I wrote all of my congressman/woman asking for help. Within a week I received a call from the military rep from one of my senators saying he was representing all of the congressmen that I had written. I told him what I was looking for. A month later I received a letter from the Senator telling my that they tried but were unsuccessful. However, about six months later I did receive a big envelope from a military hospital with my records for that time and event. Maybe, I shook some branches somewhere, and someone found the records. So, I would write every congressman/woman in your State and ask them for help. Can't hurt, Hamslice

morgan, Yes, you will probably have to do a claim for it. The VA usually will not do it for you. During a C&P for my right shoulder, the C&P examiner compared my right shoulder x-ray with a comparison left shoulder x-ray, she told me by the way you have arthritis in you left shoulder also. So, after my rating came back for my right shoulder, I did submit a new claim for my left shoulder using the C&P examiners own report as my evidence and won that claim also. I just was denied an increase (2016) for my right foot plantar fasciitis, however, the C&P examiner said in her report that I had arthritis in my right ankle. The rater returned the claim to the examiner and asked her if the arthritic ankle was secondary to the plantar fasciitis and would it be rated separately and the examiner stated that yes it was at least a likely cause by my plantar fasciitis and that it should be rated separately. But, when my claim came back, nothing was said about either the arthritis or the ankle. I will be submitting a new claim for right ankle arthritis secondary to my plantar fasciitis and use there own words to win. I hope. I would wait and see what your rating letter says, and then proceed accordingly, Hamslice

Anyone, Know about Air Force Veteran(s) trying to win a VA claim regards the extended wear of masks when the filters had a two hour only use time line. A Veteran I am trying to help seems to remember an article in the American Legion magazine or a similar pub. I have searched the web and VA archives without luck. Time period would be 80's, early 90's. I can get more info on mos or whatever the AF uses for job description. Thanks, Hamslice

This will be round 6, so here goes. 1. In Sept 2016 I was service connected for left ankle tendonitis (secondary to right ft plantar fasciitis) at 0%. I think this should be 10% (pain and brace) with what I see from the examiner etc. Would this be a NOD or a increase? Just watched a clip from a Veteran law firm stating the NOD is the way to go, as I don't have new evidence. 2. In Sept 2016, I was denied an increase for my right foot plantar fasciitis which I except, but the rater asked and the examiner opined that I have arthritis in my right ankle secondary to my plantar fasciitis. The rater even asks the examiner if they are rated seperately and she states opines, yes. But no mention in my letter, and I obviously never claimed it. I think this would be a new claim for arthritis. Correct? 3. This is not a question, but I am also starting a new claim for heat injury for my stay at Kuwait City hospital for four days while I was in Iraq with a 105.8 degree temperature. I have some residual effects that may be attributed to that. We'll see how that flies. Anyway, any help with the first two questions would be appreciated. Hamslice And I know I would need to get the NOD out before the one year deadline.

demeat, We'll, I just got a migraine reading how the VA has been treating you for the last 10 years, unbelievable. I wonder if I can claim migraines now... Hamslice Anyway, great job sticking with it.

This is what I know about SSDI with my wife, -Do not let 5 years pass without working before applying for SSDI or you will not get it. -You will get denied the first time if your ailment is not on their slam dunk list. And maybe the second time. The third time, the appeal, is the first time a real doctor looks at your claim. My wife has Primary Progressive Multiple Sclerosis, and that is not on their slam dunk list, however with a fight she got her SSDI. -There are three age groups with SSDI. Age 49 and younger, if you can be trained in any field, denied. Age 50-59, if you can be retrained in your current or past job field, denied. Age 60 and above, no training or retraining for a different or same field required, approved. Basically, if you are under 50 and you can answer a phone, you will get denied. My wife applied when she was 49 and was denied twice and approved after she turned 50, in fact, the next month. This is what I learned from from my wifes SSDI legal helper. Not a lawyer, so not sure what to call her. If it were me, I would submit the claim for SSDI myself. Fill out the forms on the SSDI site and send in all your appropriate medical evidence. As I said above, if your ailment is on the slam dunk list and you have evidence supporting it, you should get approved. I believe if you frog around on Google long enough, you should be able to find the list that SSDI uses. If not on the list, it will get denied the first time anyway as it is just a clerk that looks at the first go around. Then, on your second attempt, you could consider getting help. Not sure if you can get help the first time as they (legal help) work off of your back winnings and you would not have any yet. And just so you know, when and if you get to the appeals (Judge) part, they, Social Security, make deals. Our hearing date was 18 months out (going rate for Wisconsin), but we settled after only 3 months, however, gave up Medicare for two years from the settlement date, plus the six months. I have/had insurance through my job, so that was not a big thing. Don't forget the six month rule? Your get jack for your first six months after you win your SSDI. My experience, Hamslice

Right before any of my decisions have been made, my eBenifits will not let me open my claim. Sometimes 24 hours, sometimes longer. I believe it is because they are working on the claim and the fields are open by someone at the VA. Usually a good thing for me, it means something is coming my way. Also, I have had many claims go from pending to gathering at the end as I think they are sending it back to cross the t's and dot the i's, before sending it out. Good luck, Hamslice

Yeah, they get those too. Hamslice

Buck, I did know about it, however, when you see it on the VA page it makes it sound like you need one of your disabilities to be rated a at least 40% when you have multiple disabilities. What I don't think Veterans understand is when you dig into the reg, a disability can be made up of related injuries (more than one separately rated injuries) to get to the 40% rated disability to qualify for IU. I know its semantics, but, when you read the VA page on it, it makes it sound like you need one of your (single) disabilities to be rated at 40%, which is not the case. Thanks, Hamslice

Got a call from one of my battle buddies today, and after he relayed a story from his CVSO, I had to do some research. What I knew before this was the standard line- "if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more."--38 CFR 4.16(a) What I did not know is the rest of this paragraph in the reg- "For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable"--38 CFR 4.16(a) From what I read and understand now, my left shoulder at 10% and my rights shoulder secondary to my left shoulder at 20% and my right elbow secondary to my left shoulder at 20%, all connected via arthritis, and a combined bilateral rating of 46% would satisfy the IU eligibility requirement as long as I had other ratings bringing the total combined over 70%, which I am at currently at 80%. Not that I am claiming IU anytime soon, just found it interesting that in all the IU information out there they seem to forget the rest of the paragraph from the reg. The bottom line is, you need to read for yourself almost all the time when it comes with the VA, Hamslice

My wife is currently involved in a medical device lawsuit. Her attorney's fee is 40%, from any winnings. And her case could take 5 years or more. Just filed last month. Just for comparison, Hamslice

2028, I'll be here all night, Hamslice

I, like you will recieve a reserve retirement when I hit age 60 (four years from now). I was AGR (Active Guard and Reserve) for the last 12+ years of my 27 years total time in the National Guard. Your VA comp will not show up on eBenefits until they actually are paying you money. You are not part of the payroll system (?) until then. Your first deposit after recoupment will be less than your regular deposit as some of it will be recoupment and some comp payment. Once you get your envelope, you can call Peggy and she will give your the breakdown. Like when you will recieve your first payment and how much it will be. Now, when I first got VA disability, I was at 30%, then a year later I was 40%, then 60, 70 and lastly 80%. So, when I would call Peggy after a rate increase, my pay back time got shorter. If I remember correctly, it was going to be over 7 years to get anything deposited in my bank account when I started, but with the increases in my disability ratings, it was a little over 4 years. I am not sure on or what SSB is, but mine was seperation pay, which, when paid to me was gross, $64,000.00. And because they recouped it from my VA comp, they could only recoup my net which was $47,000.00. Now, if I had not gone to the VA and made claims, etc., they would have recouped my seperation pay from my retirement when I turned 60 and would have recouped the gross amount. So, you will need to ask Peggy that also. I would wait a couple weeks after your letter to let the dust settle before calling Peggy. She only goes by what is on her screen and in the system. Also, I believe, in the letter they will state that you will not recieve any comp until they recoup, but will not give any specifics. I think it is just a disclaimer, etc. I could look it up if you want. It would be part of my first claim letter I got back when I started. I also hare read somewhere where my debt has been recouped. Hope this helps, and keep plugging along with claims, Hamslice

I will let you know in the future. I was hospitalized for 4 days while deployed to Iraq in 2003. I will be filling a claim shortly for effects of heat exhaustion (injury). I have not done my investigation yet as to what maladies I currently have that can be attributed to that, but will. I know I have at least two, HBP and excessive sweating. I woke up sick and went to the Company medic and he recorded a 104 temperature and had a Soldier take me over to Battalion aid station, where by then I had a 105.8 temperature (rectally). They packed me in ice, gave me Valium, put me in a chopper and off to the hospital. I do have all of the records from all three stops and so dose the VA, but they don't do anything about claims until you prod them. Anyway, I do not tolerate high outside temperatures well. Hamslice