Carl the Engineer

There used to be ways to poke around eBenefits and get a heads up, but the last two claims I had, everything on eBenefits said the same thing a the same time. So I think they have gotten there act together as far as what is on there. That said, I have had prep for decision go back to gathering evidence many times. Sometime for a couple weeks, and once a couple hours. I have had the status change three times in the same day. Yep, I suffer from the eBenefits afliction. I don't drink or do drugs, so I got to have something. You never know for real until you get the letter in the mail. FWIW, Hamslice

#%&$^@#!!

No, if they gave you 70% you will receive comp pay. However, you will not receive any pay until you satisfy any monies you may have gotten in the past, like separation pay, and I am sure there are other types of pay. I was initially rated a 30%, then 40 and then 60 before I got any money. I had to pay back my $64,000 involuntary separation pay. E8 at 14 years. I only had to pay back $37,000 because of the VA no tax. I did not get any VA comp money for three years. Also, your money might be going somewhere else??? Go on eBenefits and check your payments record. You will see if they sent you any money. That said, do you have a direct deposit set up with the VA? Hamslice

Here's the deal. For me anyway. Tendinitis and arthritis, can and should be claimed separately, but, you will only get one rating, i.e., if they gave you the max for tendinitis, you would get 10%, and if you got the max for arthritis, you would get 10%. But in the end they will only give you 10% total. Not both. I know this, because I have this on both my shoulders. The reason you want to fill on both is if you loose one, you may get the other. Now, the big money is in ROM (Range of Motion). Tell in the claim that it hurts to move your arm (shoulder pain). They should measure your ROM. Here is where you can get up to 40% if I remember correctly. You get more if it is your dominate shoulder. I get 20% (dominate) for my right and 10% for my left. Just so you know, if service connected, you get 10% for arthritis from an x-ray. That's an easy 10%. ROM on the other hand is subjective. You will NEED to tell the examiner when you feel pain (first feeling) when he moves your shoulder through the ranges. DO NOT let the examiner wrench your arm past pain. And don't YOU move past pain. You are trying to show the examiner when pain first starts because you are claiming pain. Hope this helps, Hamslice

I do know that my CVSO office has a file on me and in that file is a letter (list) from my rater. I got to see it once, but the secretary held her hand over the raters name. She told me that she wasn't supposed to show me (us) because it had the raters name on it. What I did like about it is that it listed the disabilities, percentages and if they disability was "static". "Static" disabilities are disabilities that won't improve. Makes me think that they would be less inclined to re-evaluate at some later date. Which is good for piece of mind. But then, nothing is safe in VA land. Not sure if "static" shows up anywhere else nowadays with eBenefits and myHealthyVet, etc. I'll have to drop in and see if all my latest maledies are static or not. FWIW, Hamslice

For me, having a claim reffered was a good thing. I think I have had it happen twice, both were subsequently service connected, one a 0% and one at 20%. The one that was rated at 20% was a request for increase from 10%, and I think he (the rater) sent it out for someone else to look at it. You did't say what VA disabilities you currently have, so I will not guess what they are looking at, but, secondaries are not a bad thing, and in my case, my secondaries (all three) got higher ratings than what there primaries were rated at. I have stated this before on this forum, but again, I have a primary rated at 0% with a secondary to that condition rated at 30%, so don't sell a secondary short. And, zero's are good too. I have seven 0's. But if I die from one of them, my wife gets DIC. Anyway, keep plugging alone, it takes time in VA land almost all of the time, Hamslice

Mike, I found this out last year when part of my claim was reffered twice. Both times the RO's asked the examiner a question and I had a paper C&P (a C&P where the Veteran does not attend) and then was inturn asked to opine on whether "greater than 50" etc. What I found disturbing was that in the past all my stuff was done at the RO in Milwaukee, but now it went to two different states, far away. Talk about reinventing the wheel at each step when one RO should be looking at the Veterans record (or a specific claim) the whole way through. What I did see in myHealthyVet was that at each stop it did give the RO's name and phone number. I don't think it did that before, because it was always at the same place. I'm not sure if you can call them and talk to them or not, but the name and number is there. Anyway, no customer caring at all and yes, passing the buck (see what I did there Buck) to someone else who has to ask the same questions, again. Hamslice

I did talk to my CVSO today. She is who I have taken my claims to and she forwards them to my POA, the VFW. She did tell me that currently the VFW is doing a better job than the Legion, and that the Legion is overworked undermaned, etc. She did give me a contact for my VFW rep, so I may contact him when I get my c-file. If I don't get my c-file by July, I will file the appeal and the new secondary with what is on myHealthyvet and my medical records that are at the VA Hospital. I was just hoping the c-file would explain some things to me better. If I can swing it, I may get an IME/IMO also. The other issue is I live about 4 hours from anythng, either VFW rep or a Doctor that will do an Veteran IME/IMO. Doctors around here, do not understand the VA claim process and will not fill out any VA forms, etc. I had a doctor fill out a SSDI form for my wife (which I can believe worked) that he only filled out one blank and signed his name. I know that would not fly in the VA world. Anyway, thanks for the imput, Hamslice

Ok, So I tried to change my POA from VFW to me in eBenefits, but the drop downs or check boxes dose not have me as an option. I will see what the paper form had for options. FWIW, Hamslice

https://www.va.gov/vetapp15/Files3/1526226.txt Last one for now. This one is closer. Accidental overdose of PTSD medication caused death. Still had to fight for it. Not sure about this, but where I work the coroner takes a blood sample to help him determine cause of death when we do not do autopsies. So, you need to get them to do that at least. Ask the coroner when the time comes, he can help. We rarely do autopsies around here unless foul play, or a younger person with no reason for death. Older persons, not so much. $$$$. Just sayin, Hamslice

https://www.va.gov/vetapp14/Files2/1415185.txt Here is one where PTSD cause a heart condition that cause death. Won by an IME/IMO, again. Seems like you will need to get a independent doctor on board to make the link if there is one. Hamslice

https://www.va.gov/vetapp12/files6/1244071.txt I was intrigued at the thought that PTSD could cause death. However, a quick search found this archived VA claim for DIC. From what I see, you could die from something that was caused by the PTSD. In this example, the Veteran's PTSD led to drinking which led to pancreas cancer to which he died from. More of interest is that an IME/IMO beat the VA doctors denial. Not sure if a autopsy was performed in this case, but he did have a cause of death listed as pancreas cancer, which was later linked to his PTSD. I'll have to see if I can find one that lists cause of death as PTSD. FWIW, Hamslice

The VA is bizarre in the way things happen and why. My recent case was an "matter of fact" case, and the VA did not elaborate (expand) at all. Duty to assist was "duty to resist", in my opinion. However, a couple years ago, I did a re-open "with" new evidence. I had previously been denied for a skin blemish that had occurred when I was in Iraq. The VA said it was from acne, not from service. Then a year later in a unrelated exam they discovered a minute piece of metal under the blemish that I had examined (denied) previously. So then I did a re-open with this new evidence. Not only did the VA service connect for the blemish, I also was awarded for a scar and believe it or not, acne, which is what they denied me for from the start. Duty to assist, this time around. So, hope you get a good examiner and a great rater, 50/50 at best, but I do wish you the good luck, Hamslice

Thanks guys, I am waiting until I get my c-file. I put in for it in Oct. Want to see what it has to say regards my last claims etc. I got my paper c-file in 2013 and it was a mess. I see I can change my POA in eBenefits. Will probably give that a try. Can't hurt as I don't think the VFW is doing anything for me, except like wingnut says, pushes paper. And I too, can do that. I was thinking about a IMO/IME also, and again, after I get my c-file. Have to file appeal by Sept to make the 1 year cutoff. So I will shoot something forward in July for sure. Would like a little more info on what is different on eBenefits if I run my own show? Thanks, Hamslice

All, I am currenty represented by the VFW, and was quite happy with them since I started this journey in 2008. My buddy is represented by the American Legion and he is quite happy with them. Now, what differs is, he has and is in contact with his rep from the American Legion and I have never heard peep one from my rep or have seen any correspondence either. I am life members of both org, not that it matters, or should. Anyway, when I got my last claim(s) back, I did not get a warm and fuzzy feeling that there had been any effort to exploit what the C&P examiner had wrote in the exam. Even though the rater had asked the examiner to opine on the arthritis (x-ray) right ankle and the examiner did say it was from my plantar fasiitis and that it was from my service, there was no mention in my rating. I understand that I did not claim the right ankle arthritis, but if they were not going to consider it, then why did the rater ask (reffered twice) the examiner to opine about it, and that she did and in the affirmative. Also, I did claim left ankle pain secondary and was given a service connection secondary to my right foot for left ankle achilles tendon at 0%. I wear (prescribed) a brace on my left ankle for stability. Anyway, I do not see how that is not a 10% just because of pain? I'm not in a hurry, but I am going to appeal the 0% on the left ankle for pain and do a new claim for the arthritis in my right ankle. Back to my main question, would I be better to switch to the American Legion or go solo from now on. Not sure I'm smart enough for that. And what access do you get by going it alone that is different than when you are being represented by a organization. Specifics would be nice to know. Stay warm, spring is coming, Hamslice

You need 40 quarters (10 years) to get SSI when you retire. You need to have worked within the last 5 years to get SSDI. I don't think you can get around those two rules. You do not need to work for 10 years to get SSDI. An example would be when you get/got hurt right after you got into the work force. The Social Security system, both SSI and SSDI are like the VA compensation system. No one knows about them until it is too late some/most of the time. Both, should be taught in High School. You start working at that time and you have to sign up for selective service. Would not hurt to know the rules before the game starts. Not too many people know that you have had to have worked in the past 5 years to get SSDI. Just think how many persons toughed it out for 6-10 years and finally gave up and went to get thier SSDI only to find out they were a day short. Anyway, my rant for the day, Hope you find some good news, Hamslice

You should have gotten the tinnitus for 10%, so you should probably appeal that. Hearing loss on the other hand is tough, you almost have to be deaf. I have frequency loss in the 55-60 range in my left ear, but I am 100% at the word repeat game, so no hearing loss for me. When he said cat, I should have said dog! LOL. Anyway, good job, Hamslice P.S. Now, take a short break and then start on your next claim and your appeal for tinnitus.

I suspect he found his money or were it went, Just sayin, Hamslice

I did a FOIA request for my c-file in 2013 and I got a paper copy in the mail 3 months later. I just did another request in Oct, 16. Nothing yet, says 2018-2019. LOL. Anyway, you'd think it would be quicker now that they come on a cd. When I left the Army in 2008, they had just put everything online. They had a copy of everything to include some docs I didn't know existed. Like a promotion I had not received. Too late to bitch now. But, Hamslice

Someone else will chime in that has direct experience with what you are posting, but, I think you just hit a home run, well maybe a triple anyway. Good job, Hamslice

I'm sorry. When you open the link I just posted, put in 14-731 in the first box and hit search. Hamslice

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom Is this you?

OSA? I should know this, but have a brain f*rt currently... Thanks, Hamslice

OK, that makes sense now. They lumped your right shoulder stuff together and your left shoulder stuff together. 30+20=44+10% (bilateral factor) =48.4 rounded down to 48 rounded up to 50% Seems to me that they are including your bicep in with your left shoulder at 20% total. You got 0% for your left rotator cuff and scar. Looks to me like you won at least two denials on appeal and an increase for you right shoulder. Which is three wins and not a bad thing. Not sure where (what %) you were when you started your appeals and request for increase, but this should be more. 50% is one of the big steps in VA comp. 10 (you're in) 30 (health benefits),50 (concurrent receipt),70 (some states have bennies) and 100 (dependent healthcare +++). Keep plugging away. If you think one of your ratings was short, you can take it farther, but I'm no expert there. Maybe someone can chime in with what the next step is if you don't except the appeal results. Hamslice

rootbeer22, Glad to see you one here, I think its been a while. Sorry to see your post get jacked. Maybe someone with more knowledge than me can help you with your situation. That and you can wait and see what the mail brings. Maybe one (Toe) was settled and the other is referred. I hope. Anyway, hoping the best, Hamslice