Carl the Engineer

1954-Present (1974)

1933-1952

Update, Had the HLR informal interview today right on time. A very nice sounding young lady, told me the boilerplate HLR information and when it was my turn I went page by page through any pages of my claim that were related to the two denied maladies. I asked if I could get a transcript of the interview and she said no, it is not recorded and that the DRO's just take notes. In my application and in my statement, I was claiming secondary caused by medications from my already service connected disabilities. She said she saw that. I then showed her where there was no mention of medications in the denials. I then showed her my VA diagnosis's and my medication list from same. Also, dates and times, etc. When I was done, she said that she could see that my appeal had merit as she could not see any mention of medications in the denials also. She said the denial(s) (what was written) was insuficiant. And also, my claims could still be denied, but with a better explanation. She asked if I had anything else, and I told her that I knew that I could not offer new evicence, but would she take a few "common knowledge" statements from medical sites. I was supprised when she said go ahead. I read her three statements, 1 from Hopkins and 2 from St Elizabeths, that supported the medical connection. One being quite specific. "Potassiuim is a esophagitis enducing medication". For what it's worth there are/were 4 medications in my medications list that all cause or contribute to esophagitis. We then went off the trail a bit and I ask her about presumptive, and she said there is some for Iraq and esophageal issues, but not structural, which Barrett's is. Lastly, I asked here about EED's in regards to when the service connected medication causes a malady, versus when the claim is made. She told me that they (VA) will take a look at that and see if they could have a earlier EED because of what she had alreay seen in my file on the computer she was using as we did the interview. I think it went extremely well, but we know how that feels, Carl

What is the proper remedy for this example. 1. Veteran has malady in service, treated, recovers, 2003. 2. Veteran claims malady within 1 year after service, denied, not chronic, 2008. 3. Veteran is diagnosed with malady by the VA, given medication twice daily, chronic, 2019. In my example, the malady is GERD or esophagitits, but it could be a different malady. Your prefered course of action? Carl

Well, that didn't work quite as planned. Had to take my wife to see her (one of) doctor, 4 hours away, on Friday and Monday was a Holiday for our comrades who didn't make it home. So, no exam records, etc., from my VA file. So, I a have my "informal" HLR today at 1 PM, this afternoon. I'm going in blind, wish me luck, Carl

Update, We'll, not really an update. I am 78 percent on the SS webpage. I have a battle buddy that got 100 P&T at the same time as me and put in for SSDI at the same time. We have been tracking percetage wise neck and neck. He is at 77 percent. While I am patient, he gets antsy. He called SS today and they told him that the first step should have been done a while ago and give the local SS office a call. The local office said that they were waiting for some paperwork, which they finally got in March, to proceed and that it was in a stack waiting to get worked on and it would be a month or two more. \ And then, the person said, it goes to Madison, WI after its completed locally, and that it takes a year now in Madison because half the SS contracted employees left the SS because of a new contract. So, not sure how one verifies that one. Anyway, the above is third hand. In December, I will be filing for normal SS retirement benifits, as I turn 62 in March 2023, unless someone (here) thinks that would cause a problem with the SSDI application?? Eek, Carl

Update, Today I recieved a text and an email to go to a web page and pick a date and time for my HLR call from the VA. I picked the farthest day out, Wednesday next week at 1 PM. I am going to go see my CVSO and see if they can print me my exam's etc., from my denied claims, as I have not recieved my c-file yet. At a minimum, I will express my inablilty to get my records (c-file) in a timely fashion for the HLR call, and that I am at a disadvantage. I will then highlight my concerns regards my denial(s), and point out important parts of the paperwork I sent in with the claim, to support my position. Best I can do, without my c-file, Carl

Because most of my claims were strait forward and I never had a previous appeal, I never totally believed you guy's until I became 100% P&T. I told my VSO that I was going to appeal a denied part of the claim and she said, "Don't rock the boat, you got 100" So it does permeate the whole organization, top to bottom. Veteran's are on their own, Carl

"This means that, in litigating with veterans, the government takes a position that is substantially unjustified over threequarters of the time." "All the evidence points towards the VA’s propensity for error as not a bug, but rather, an inherent feature of the disability-benefits system. Because the system is designed for veterans to go it alone—and because they often lack the knowledge and experience necessary to navigate through the claims process—the VA is often unchallenged in its decision-making. The result is that the VA is effectively allowed to ignore or misapply its own rules and regulations." In plain speak, "Anti-Veteran" Just sayin, Carl

There used to be a rule that if you file a claim while another claim is pending, it becomes part of the pending claim. That rule came about around 10 years ago if I remember correctly. I am not sure if it has changed again since then. If it is the case, not sure what would happen. Maybe someone who has done can opine. Carl Good luck!

Since the OP asked two seperate questions, I will assume that they are asking hypothetical questions, and a Veteran has not burned up in a house fire. The simple answer is file a claim for DIC, and supply all the evidence you have, i.e., the death certificate and the Veterans information. You don't need a lawyer until it gets denied. Remember, a VA grant that dose not make sense is better than a denial that makes sense. Carl

At my hearing last year, I had a newer copy of VA's M21-1, than the person hearing my appeal. And the rule had been updated. Search the innerweb for the "lastest" date, they are out there and not necessarily on the VA's gov site. Just sayin, Carl

No, I don't. I will look though, as there are many and I may have overlooked. Most of my treatment for both conditions were through the VA medical. I have treatment records for heartburn, etc. while in the military. So, the heartburn causes the medication which causes the Barrett's, etc. We will see. Thanks, Carl

I had the upper through VA medical and it showed Barrett's and the Hernia. So, I have it and they know that. They also prescribed the medicine for over 15 years, so they know that too. It's the link from the medicine to the condition that I am missing. If the HLR is denied, then I will get a private medical opinion. Thanks, Carl

Basically, like you, I just want it service connected in case it is what takes me out! Carl I'm service connected for Acne at 0%. But, if it takes me out, I got that in my back pocket, just sayin...

I have a couple secondary to secondary, howerer, the according to the VA in the rating letters, they are all just secondary to the original disability. I started with a right foot disability. I claimed my left foot disability secondary to my right foot disability and won. Years later, I claimed my left ankle secondary to my left foot. The VA changed it to left ankle secondary to my right foot. I won that also. So, even though that makes perfect sense to me, I have had secondary claims come back as a new claims and have won. So, there is no rhyme or reason to the average Veteran. What I do know for sure is you won't win if you don't claim. I claim (even a poor one) that is denied is better than no claim at all. Starts the clock, Carl Play be thier rules, win by thier rules...

That's the rub. I can not see if the examiners or raters mentioned medications in the evaluation of my "conditions". No C-File yet, Carl Buying time...........HLR.............

2004ish, give or take..... Carl

Well, I waited as long as practical, but I just submitted an online (all of 2 minutes) HLR for my denied Barrett's and Hiatal Hernia of Jun 4, 2021. I was waiting for my C-File to come to see the exams etc., but it has not arrived yet. Both were claimed by me as secondary to my medications for HBP, DDD and DJD of spine, etc. I was denied because the Barrett's and Hiatal Hernia was not related to the conditions of HBP, DDD and DJD of spine, etc., etc. I am unsure if "conditions of" is the same or not the same as caused by medications. And I will express that to the caller when I have my phone meeting. That and the fact that I do not have access to my exams and evaluations (opinions) from the third pary examiners. Wish me luck, Carl Then if denied, supplemental. Hopefully I will have the C-File by then.

Congradulations, Carl FYI, there are no other sites.

john, I worked my VA claims a bit harder than I probably would have if I had been able to remain on active duty for a traditional retirement. However, the State HQ's diviated from thier standard practice and involuntaried seperated me early. So, my VA comp may not be from the same pot of money, but I justified it in my head.. Carl

Well, to add to the argument, the Veteran has a hard time or delayed time to try and get copies of third party exams. So, not only are the exams not good enough for the VA, the Veteran can't get their hands on the exams in a timely matter for appeals, etc. As an example, I won my claim for 100% P&T in June of last year. They also denied part of the claim. I want to appeal. But, they, the VA, opened two claims, one for concurrent receipt, and one for a recupment. So, I had a hearing on the recupment and won, but that took time. So, I want a copy of my c-file to see what, I thought was a favorable LHI exam, was, and why they sent it to California for a Doctor to knock that opinion down. So, I requested my c-file after all the smoke cleared from the two VA initiated claims, too make sure everything would be in the file. That was in February. Everything takes time with the VA. My one year is up in June. So without a game plan, and no time to do a lot of research on my denial, I will probably due the HLR, just to buy time, until I can see my c-file. Then go from there after the HLR. Yes, some Veterans call it "Doctor Shopping", but I'm not sure, but the VA does send them to another doctor to get a different answer. Their excuse is that the exam was "inadequate". If that's the case, send me back to that same NP/Examiner and get them to do it right, and only pay them once. Why are we (tax payers) paying for multiple "inadequate" exams. But then again, the VA sends 6 million letters out to Veterans saying the mail is slow. Could have just put my c-file in that letter and saved some money. Carl

I read that some States that have personal property taxes, like a yearly tax on your vehicle(s), they exempt "one" vehicle from that annual property tax. The State of Virginia is one. My State, Wisconsin, does not have personal property tax, but does have real estate property tax, which is returned when you do your income taxes each year, if you are 100% or payed as 100% Disable Veteran. Check your States, Veterans, you never know, Carl

Wait---what? Hope there is a bunch of retro in this decision, otherwise, not sure why? An old appeal? But then, I don't know what I don't know, Carl

A compelling read. Thanks for telling your story. Carl