Carl the Engineer

Update 8, Pending decision approval New completion date; 08/02/2016

Update number 7, Went to "preperation for decision" today. New completion date of 8/28/2016. Moving right along, Hamslice

007..........no dought. Hamslice

Asknod, Mayby you could sue him for crop damage. "The VA prevented you from getting your crops out timely". As a side note, my wife and I planted a couple hundred apple trees when I got out of the service in 2008. Its a place to go to get away from everythng. Oh, and sometimes I get to drive my tractor(s). I think you got him by the short hairs, Hamslice I'll have to start thinking about a greenhouse.........

You are service connected. Thats the good (great) news. Now fight for the right %. What he said ^^^^^^^^^. NOD to keep the date, or increase to get a better %. Also, learn about your disabillity (I know nothing about IBS) and develop a stratagy for recongnizing conditions that you can claim as secondary to you IBS, etc... Thats where the money is (not literally, but yes). I recieved two 20%'s secondaries from an original 10%. Good luck, Hamslice

Buck, What doc showed a prov code. I will have to see if I got one. And, I will have to find my Combat code again, if I could only remember......... Oh, well, the codes are neat to look up, etc.. Hamslice

III.iv.6.D.4.c. Descriptions of Individual Special Provision Codes The table below contains descriptions for each of the seven special provision codes. Code Description 1 Indicates Medal of Honor pension under 38 CFR 3.802. 2 Indicates naval pension allowance under 38 CFR 3.803. 3 Indicates extra-schedular entitlement to individual unemployability or pension under 38 CFR 3.321(b). Note: In legacy systems, any extra-schedular evaluation was identified by entry of “ES” following the specific diagnostic code (DC). 4 Indicates an under-schedular evaluation (by reason of deduction of the pre-service level of disability) to a pre-service disability aggravated by service. Note: In legacy systems, any under-schedular evaluation was identified by entry of “US” following the specific DC. 5 Indicates the Veteran is incarcerated, and pension is being awarded to dependents under 38 CFR 3.666. 6 Indicates computer audit acceptance of any combination of the special provision codes a total evaluation is continued because it is protected under 38 CFR 3.951, or acceptance of a combined evaluation that is not justified by the individual evaluations. 7 Indicates receipt of compensation or Dependency Indemnity Compensation (DIC) under 38 U.S.C. 1151.

I cant get any links to open, when copied from the VA sites, Go figure, Hamslice

III.iv.6.D.3.b. Description of Combat Status Codes The table below contains descriptions for each of the four combat status codes. Code Description 1-None Indicates no combat disabilities. 2-(Comp.) One or more combat disabilities, all of which are compensable. 3-(Noncomp.) One or more combat disabilities, none of which are compensable. 4-(Both) One or more combat disabilities, not all of which are compensable.

M21-1, Part III, Subpart iv, Chapter 6, Section D if you cant get my link to work, Hamslice

http://www.google.com/url?url=http://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part3/subptiv/ch06/M21-1III_iv_6_SecD_2.docx&rct=j&frm=1&q=&esrc=s&sa=U&ved=0ahUKEwiUt9zfnvfNAhUmyoMKHbvxBi4QFggnMAI&usg=AFQjCNHBZPAlsszMXY57Jv3tW1BfAKThUQ Here you go Buck, Combat code 1 = indicates no combat injuries Also, 9411 is the code for PTSD. As far as "incurred", all I could find was ijuriy incurred or aggrivated while in military service. Hope this helps, Hamslice I believe I am a "Combat code 1" also. Just can't remember where I saw it

If you hover your icon over the question mark after your dates, it tells you how they determine the dates. Or a wizard behind the curtian with a wild a** guess. Your call, Hamslice Also, don't use normal and VA in the same paragraph. Bad edicate..

They can be rated together, or seperately. It depends on the diagnosis of each, etc. Here is an example where the veteran won seperate benifits: http://www.va.gov/vetapp10/files4/1035821.txt Hope tlhis helps, PTSD and TBI are not my specialty, Hamslice

Udate 6, Completion date just went from 10/21/2016 to now 11/13/2016. Appearently a "statistical analysis". Be cool to know how that is formulated, FWIW, Hamslice The time it takes to complete you claim depends on factors like the type of claim and the type of disability claimed. The estimated dates are based on a statistical analysis of historical processing times for similar claims. Some things you should know: Historical data may not accurately predict current conditions. Your claim may take longer. Dates may change as the statistical analysis is updated. Some claims will take longer than the range of dates given as they are based on an average. Submitting the supporting documentation that has been requested quickly and electronically is the surest way to get your claim decided as quickly as possible.

SSDI is different then VA. They have specific rules, i.e., you would have had to work in the last 5 years, which it looks like you have. Then, they factor age heavily. Under 50, if you could learn any new trade, no benifits. 50- 60(65?), if you can do work in same field, then no benifits. 60+(65?) you get benifits if disabled. And, SSDI is all or nothing, no percentages of diability. Then they have 3 stages. Claim, appeal and judge. Almost all initial claims get denied, because it is handled by a admin person and if your ailment does not fit perfectly they deny and send it back to you. Your second attempt, appeal, goes to the doctors who will approve or deny. Still must fit in the box, but the docs know how to read your medical records. If they deny, then you can apply for a judge to review, etc. for approval or denial. In my opinion, you do not (SSDI) need a lawyer until your initial claim comes back denied, of even until your appeal gets denied. These are your first two chances of winning without paying a lawyer. If you win, you have to wait six months from that date and then two years from that date for medicare. Now, if it was me, and this is important, I would use a SSDI specific lawyer or SSDI group, etc. I used ALLSUP (not lawyers). Not repressenting them in any way, but they worked wonders for my wife. First, they returned email everytime with an answer. Second, we hired them after our appeal was denied, and they took the case over and we did not do an additional thing. Third, we got a judge date 18 months out (WI standard for judge dates), however, they (ALLSUP) was able to run the case before the judge's staff, who approved it after about 3 months cutting a year and a half out of the timeline. My wife had to wave the Medicare start date, we lost about 6 months, but the payments started coming after the six month waiting period. So, we had to pay them 20% of 6000.00 retro and for paper work, but we got the benifits start coming a year of more ealier. So, you can file by downloading the claim and then send it in with your medical record, both civilian and military. You do need to list the ailment you are claiming is disabling you. And it can be more than one, but you need to say why its prevents you from working. Hamslice

You need to get on Myhealthyvet web site. Then you need to get a premium account. Thats the only bummer, you have to do that in person at a VA facility, unless they have changed that. Then you can go on and look at your VA medical record. The Blue button. I had my C&P on June 22 and the DBQ's were on there June 27th. So pretty fast. Hamslice

Symptoms aside, the reg says 30% for evidence of Cardiac hypertrophy, and my DBQ say yes, for that question. My only concern is my METS is too high a number for 30% (5-7 METS) and mine is 12.7. But the reg for 30% says, 5-7 METS OR Cardiac hyopertrophy. Just wondering how the VA interprits OR. My symptoms as reported in the DBQ; Veteran served in the Army from 1999 to 2008, and was in Iraq from 2003 to 2004. States that he was found to have an elevated blood pressure during a routine examination in 6/2004 when he came back from Iraq, and several other times after that. Reports that he was diagnosed with hypertension in 2008, and started on medication. States he was told in 1999 that he had an abnormal EKG that showed possible left ventricular enlargement. In 9/2015 he was having episodes of chest pain, and went to a cardiologist for a cardiac workup. States that he had an echocardiogram that showed he did have left ventricular hypertrophy Also from the DBQ; a. Is there evidence of cardiac hypertrophy? [X] Yes [ ] No If yes, indicate how this condition was documented: [ ] EKG [ ] Chest x-ray [X] Echocardiogram Date of test: 6/22/2016 So, the question of the day is, what does OR mean?? Thanks for the imput, Hamslice

Just relaying what I do, not necessarily the perfect solution. Sometime in 2014 I believe, the VA started "any new claim submited while you have and old claim, the old claim will become part of the new claim". In other words they cram the claim they have been passing around into the start over "new" claim pile. Which from what I understand is quite high. FWIW, I have never appealed or did a NOD, etc., although, I did a re-open (va's wording) of an old claim and it worked out great. One increase and all of my claims for secondaries have been successful. BTW, secondaries are where the money is at! However, I just do one or more claims at a time and then let it go to fruition. All along working on the next claim(s) for when then current ones are done. A lot more people on here have actual experience with appeals, etc., so use your best judgement, Hamslice

If at first, he does not hit 50%, its still not bad. What he gets from the VA will offset his military retirement, however, its income (State) tax free. So it would lower his income for tax purposes. And, or not sure, if his medical benifits would be better, i.e., tricare vs VA, and when over 65, medicare. Thats a whole nother deal right there. And, if he has a spouse and where to, well you know, and service connected, DIC, etc.... As far as a IMO, I think your getting way to far down the road. Simple claim and a C&P. He's got what he needs already in his service records. Sounds to easy to me, Hamslice

A knee is a joint. 10% for arthritis by x-ray, anything higher, by Range of Motion (almost always). You were rated 0. Why? Post your reasons for the rating that they gave you. What are you appealing? What will you be basing your request for increase on? I requested and got a increase in my shoulder, originallly 10%, tendinitis and or arthritis (10 each, but only 10 total), then a year later increased to 20% because of Range of Motion. Anyway, 10 for xray, 20+ for ROM, Hamslice PS, I will/would not submit any claim (new or increase) while I had any activity on-going. Just mucks it up. The VA will use any excuse possible to reroute your claim to the back of the warehouse. Just saying..

The earliest his EED is going to be, would be Tuesday, if he files Tuesday. If he has never make a claim or been in the VA medical system, it starts now, or as soon as he files. And, he can just say he was unaware that there was a VA or any benifits for injuries occuring while in service for post service. Like I said before, dont gum it up with a bunch of what if's and when's, just claim an initial claim for foot problems. Get SERVICE CONNECTED!, then worry about the other what if's. By the way, from what you have said about his current medical issues and his military medical records, it sound like he should do alright. Also, and again, once SC'd for his (in service medical feet problems), then you (he) can go after all of the secondary issues that he most obviously has now. As for having a disability and working, I'm 70% and work full time. My employer dose not care, and supports Veterans. So, you need to know your surroundings. You have enough to file right now, Hamslice

Yes, file the claim. Just get service connected at any %. Then work on the %'s. Just my opinion, but don't go overboard on the initial claim and gum up the works, i.e., years and years ,etc. Just clain foot problems and let then decide the ailments. Someone with a lot of knowledge on this forum gave me that great advice and it works. Should be a slam dunk for serivice connection. Get ur dun, he aint getting any younger, Hamslice

Yes^^^^^^^^^^^^^^^^^^

As Pete says, a DD215 is a correction or addition to a DD214. So you need to get a DD215 adding you CAB to your DD214. When I returned from Iraq, I, as a Readiness NCO with Admin NCO background demanded that the personnel dept that was facilitating our return, redo approximatly 600 DD214's. There were many mistakes on the DD214's they had pre-prepared for us upon our return. There answer was to have everyone get a DD215. I objected and won the arguement. Face to face with a O6 Colonel. A lot of people do not know what a DD215 is and for what for. They all know and ask for the DD214, but rarely ask if you have a DD215. I have one DD215 from basic training which I hold dearly. A couple months after leaving basic training with my DD214, I recieved a DD215 in the mail with this correction; Expert M16 Rifle Badge. Can't beat that, Hamslice

Ok, So, my DBQ for heart disease says, "evidence of cardiac hypertrophy", "yes". DBQ medical opinion, a. least as likely as not, 50% greater, etc., resulted from a service connected condition (hypertension), so a win I believe. c. Rationale, documented left ventricular enlargement. From what I read in the rating scale, most of the heart disease codes call for 30% for cardiac hypertrophy, My METs are/is to high (12.7), but the paragraphs state "or", so should I get the 30%?? Workload of greater than 5 METs but not greater than 7 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; evidence of cardiac hypertrophy or dilatation on electrocardiogram, echocardiogram, or X-ray................................................................................... 30 What are your thoughts? Hamslice