Carl the Engineer

Sometimes you should just leave barking dogs sleep, LOL, Hamslice VA=barking dogs............

Or, did you get a letter telling you to come to a C&P exam? If not, it could be a paper C&P and you are not required to be there. But I would definitely check that out. I have, according to eBenifits, two C&P exams on Friday this week. One a 730 and the other at 1230. I did receive a letter in the mail saying I had a C&P exam on Friday for both times. I also received 4 texts confirming the same times, etc. And a voice message today too. However, the C&P examiner called me yesterday at around 8, but because I work nights and sleep until 2 in the afternoons, I didn't get the message until then, to call her back. Which I did. She stated that they had a cancellation and that I could have come at that time, but now too late, etc. So, while I had her on the phone, I did ask why one at 730 and one at 1230, and she said that I would probably be done in the morning and that the afternoon one is for her to do her paperwork on my claim(s). So, you should probably call and find out. But, you could also look at your disabilities on eBenifits and check at the bottom as it will list your pending claims and what the claims are for. So there is that. Lastly, your C&P letter, if you got one, will have a phone number for the C&P scheduler, who will help you figure this out. I have had three "paper" C&P's in the past where my attendance was not required. All I got, Hamslice

Its just not the "stolen valor" people, its the general population too. One of my frequent flyers went from jail to court last month with 15 felony charges and came out with one misdemeanor conviction. All the DA's do anymore is make deals. That way they can claim 99% success rate for their next election. Just sayin, Hamslice

Well let me just say this. I know of one Vietnam Veteran (Marine, boots on ground) that has a whole bunch of health conditions, some of which are slam dunks regards agent orange, etc. Diabetes, etc. Has never been to the VA. Didn't know he could go. No kidding. His wife made him go to a CVSO community meeting 3 months ago so she could find out what is available for her when he dies. LOL. Nothing right now, except the $200 +/- burial stipend. Boy do they have a bunch of things to get done with the VA in a hurry. Do you think the VA is going to infer everything that is this guy could possibly get. Fat chance. The CVSO and I talked afterwards that there walked out about $500,000.00 the VA saved over the years. And, there are hundreds more like that. Duty to assist, to infer, is just that. Good for you if you can hold their feet to the fire, but they usually wiggle out. So, there is a lot the VA will not do on its own. All my claims have been simple and straight forward. I have not fought the battles many of you have. I do appreciate your efforts and I do like to read your war stories with the VA. Just keep it civil. Don't stop the learning. Hamslice

I did this, but it was called a re-open. And with new evidence. Not a new claim. Not sure what the deal is, but with the VA, if you don't spell it out for them, they will use the easiest path of least resistance to out maneuver you. And if you do spell it out for the VA, they will put on the blinders and not look past what you ask for. I would do a re-open. What is required is new evidence. And you have that. And, just so you know, your EED will be the date of your re-open claim. Not your denied claim(s). But at least it will be service connected if you win. That's the most important thing.. Happy Turkey Day, And I get to work it. Again, Hamslice

Print the CD twice and put one copy away in a safe, fireproof. Then use the other copy to parse and send in pertinent records. Or, send in the whole thing and they will add to your VA med record. But, but, but, always keep that one copy complete. Twenty years from now you will know why.. Hamslice

GeekySquid and Buck, I must stand corrected, I just got a call today from the VA medical hospital that I usually go to for my C&P. Bear in mind, I have never received a call from anyone regards my C&P exams in the past. "Hello, this is Dr. xxxxx (yes I said Doctor). I will be doing a C&P exam in the near future as we are opening your heart and did I ever have an echo". I told her that I did have one with my cardiologist and then again with the VA at her location back in 2016 for my claim back then. She stated "I don't have them" and if I could get them and bring them with. I told her I had them and that I would bring them. I will also bring my Holter monitor results, now that I know she, the examiner, may not have my information that is right there in her building. And I will be bringing all of my information regards the other 4 or 5 claims I just made, because this C&P may be one of those all in one jobs.. So, again, I stand corrected.... Hamslice

Pending Disabilities Disability Submitted Type Actions Hypertension 11/05/2018 INC View Pending Claim Irregular Heartbeats 11/05/2018 NEW View Pending Claim Rt Ankle Arthritis 11/05/2018 SEC View Pending Claim Lt Foot Plantar Fasciitis 11/05/2018 SEC View Pending Claim Left Ankle Achilles Tendonitis (claimed As Left Ankle Pain) 11/05/2018 INC View Pending Claim Lt Ankle Arthritis 11/05/2018 SEC View Pending Claim Posted today Nov 14, 2018 They changed it up a bit today. And we moved from review to gathering of evidence. Estimated Completion: 01/24/2019 - 03/23/2019 I also got a call earlier Tuesday afternoon from a Doctor, yes I said Doctor telling me that I will be scheduled for a C&P shortly and asked me if I have had an "echo" because they are reopening my heart. I did tell her that I did and that the its in my VA medical record and she told me to bring it with. This is the first time I have received a phone call regards a C&P exam, much less from a doctor. All for now, Hamslice

Right back at you and all the other Veteran's Hamslice

Thanks Berta, This is my last Veterans day that I will have had to work. For the last 10 years, and many before that, I have worked every 4th of July, Veterans Day, Thanksgiving and most if not all Christmas's. I do work New Years Eve too, when all the morons come out. All at night, hell I'm working right now. LOL. I will be retiring in February. Too much going on with people right now and I'm tired. I ain't what it used to be. The other night I cut the noose out of the rafters of an attempted suicide (not a veteran, thank God), and it wasn't a big deal anymore. Just got done with that call and then had a mother of six overdose on heroin, Percocet and booze. A repeat offender. At least they took her kids away the last time. Let some younger person have a chance to save the world. I'll take care of my beautiful wife now and enjoy my grand kids. I'm the luckiest person in the world, Hamslice Thanks to everyone on this site who takes the time to try and help other Veterans. I know I try.

I agree with Bronco. Get it service connected, then worry about the rest. Even at 0% there is a lot to be gained. If the VA rates your malady at 0 because there is nothing similar in the rating reg for it, but agrees that service caused it, you can then go after secondary issues related to you SCDS that are in the reg and ratable. I have a couple conditions rated at 0%, but because I have them I have two secondary conditions rated at 20% and 30%. For me, the best date I get is when the VA had the evidence (usually with my claims). Same for a re-open, which I won, you only get the date of the new evidence. I would think a new disease or recognition of a new disease and you're have it would be the earliest, and when you make that claim. Unless the VA was knowingly hiding something, but then that's a whole other thing. Hamslice

Lumbar and Thoracic are rated as one. Cervical is rated as one and separately from the Lumbar/Thoracic. I am rated 20% Lumbar/Thoracic for Range of Motion and then 20% Cervical for Range of Motion. Degenerative Arthritis gets you service connected at 10% by x-ray evidence. 20% and higher ratings are for ROM. Bed-rest gets you the big numbers, but doctors don't prescribe that anymore, so its just the VA rating reg being from the stone-age. Good luck, Hamslice

For the original poster, It sounds like a gunfight at the OK corral, except, your rep showed up without bullets, and the DRO came without a gun. If either one of you had come prepared, it would have been a slaughter. When the DRO shot out an offer, a good (great) Attorney would have took him to the cleaners. We had representation at my wifes SSDI pre-hearing and they struck a deal. A deal that is nowhere in any SSDI reg or rule book. So, they (the gubermint) can make deals. I think the DRO was looking for your case to go away and shot out an offer from the hip. And it sounds like your rep was unprepared for all the possibilities of that meeting. We took our deal with the SSDI Judge (staff) because it was the best outcome our rep stated would could happen. We trusted her and it worked out. You need to find someone you can trust. Victor Ray, I feel for you, and I truly believe you and your claims, but you really need to find someone to help you navigate your issues with the VA and your claims. I think you have legit issues with the VA and the military with your records etc., and you seem to come on here about once a month with similar issues that never get resolved to your satisfaction and I know you're trying really hard to make sense of it all. Time to bite the bullet and reach out for legal help, Hamslice

Pending Disabilities Disability Submitted Type Actions Hypertension 11/05/2018 INC View Pending Claim Irregular Heartbeats 11/05/2018 NEW View Pending Claim Rt Ankle Arthritis 11/05/2018 NEW View Pending Claim Lt Foot Plantar Fasciitis 11/05/2018 NEW View Pending Claim Left Ankle Achilles Tendonitis (claimed As Left Ankle Pain) 11/05/2018 INC View Pending Claim Lt Ankle Arthritis 11/05/2018 NEW View Pending Claim Posted today. Went to initial review 8 Nov 2018 Estimated Completion: 01/28/2019 - 04/08/2019 We'll at least it isn't a year and a half like it used to be.. Hamslice

On a re-open, which requires new evidence, your new evidence would have went in with your claim. Your C&P is for them to test your ears to see if you have a hearing loss, etc.. However, the rater could ask the examiner to opine on whether it was more likely than not related to your service, but as far as hearing loss goes, I think that is already cooked in the cake and would relate to your MOS or an injury that had occurred relating to hearing. I did a secondary claim unrelated to hearing and the rater asked the examiner to opine, but that question was whether one could contribute to the other medically, etc. Not sure how that would work with hearing. Hearing loss in itself is rated at 0% unless you are just about deaf. Tinnitus is rated at 10% whether one ear or both. These are my ratings. And by MOS, I am assuming. I was rated when I made a claim within one year of leaving service. Anyway, take them with, you never know, It's the new VA now, Hamslice

A new phenomenon, that started about two years ago with my last claim, which promotes "top-sheeting", is that when you submit a claim, and after the exams it goes to a rater. If the rater has a question and sends it back to the examiner, when it goes back it goes into the queue. The queue is where all claims go now. And the next rater grabs your claim or any further development of your claim. So your original rater who asked the question is not the rater who gets the answer. Talk about a stupid way of doing business. One of my issues went to at least three different raters. New rater after each question/development. How does a rater use any of his organizational skills when they do not follow the process of your claim from start to finish. And, as for top sheeting, how easy is it to bury (not read) someone else's work, compared to your own work. My historical claims all went to a rater in Milwaukee. For 8 years. Same guy. Now, just yesterday, when I submitted my new claim with my local CSVO, it was sent in digits to the queue, where the next rater available will take it. No matter where they work from. Stupid is as stupid does, Hamslice

All, Thought I wouldn't do this again, but it makes the time pass while waiting. So, this will be a timeline for my new round of claims. Maybe another Veteran can glean useful information while following my travels. FDC Claim sent to the VA through my local CVSO. I even got a Centralized Mail Direct Upload Confirmation number from the CVSO after I watched him send it in digits. Gave me my original papers back. My rep is the VFW, which according to the CVSO dose not do anything for me until I need help, like with an appeal etc. I submitted 60 pages of medical records. 1. Right Ankle Arthritis secondary to my right foot plantar fasciitis. I submitted new evidence from 3 months of physical therapy with x-ray, I had this past summer. Also, during my last C&P for increase for my right foot plantar fasciitis, the C&P examiner was required to and did opine that I had right food arthritis and it as likely as not, and that it could be rated separately. But no response in the big brown (white) letter regards to the arthritis, but I did not claim it and we know how that goes. 2. Left Ankle Arthritis secondary to my right foot plantar fasciitis. I submitted new evidence from 3 months of physical therapy with x-ray, I had this past summer. Diagnosed by Orthopedic Surgeon. 3. Left Foot Plantar Fasciitis secondary to my right foot plantar fasciitis. I submitted new evidence from 3 months of physical therapy with x-ray, I had this past summer. Diagnosed by Orthopedic Surgeon. 4. Left Achilles Tendinitis increase already service connected. Orthopedic Surgeon recommends either surgery or stay off and not walk, etc. I submitted new evidence from 3 months of physical therapy with x-ray, I had this past summer. 5. Irregular Heartbeats secondary to hypertension. New condition that started two years ago. Cardiologist report and Holter monitor results showing extra beats. States my HBP is become worse. 6. Hypertension increase already service connected. Cardiologist report states my HBP is become worse. Here is where is raise my concern they didn't use my "pre-medication" blood pressure readings for the rating. That's it. I'm hoping for the best as usual. I need two 10's or one 20, with at least one being bilateral to get to the next level. Just sayin, Hamslice Updates as they happen.

Nice win, Now I just got to get my new claim(s) over the the CSVO this week. Sounds like we could be in a winning stretch. Before it ends, Hamslice

OldJoe, Did you receive separation pay, or readjustment pay when you got out? Have they, the VA, recouped it yet from your VA compensation? You can not receive VA compensation until you have satisfied your separation pay. The good news, if any, is they only recoup the net, or after tax, amount. I didn't get any money from the VA until I payed back some $47,000.00 dollars. Just sayin, Hamslice

Are we talking SSDI? Then, yes, you can settle ahead of the date you would meet with the Judge if you have representation. My wife was denied twice, and in Wisconsin, at that time there was a 18 month wait to see the Judge. Three months after giving us are date, which was 18 months out, we did settle. My wife would receive disability payments, minus the SIX month waiting period, and we agreed she would not to go on Medicare until she turned 50 which was 32 months away. Basically, you don't get Medicare for the first 24 months anyway, so we had to wait an additional 8 months. However, she got disability payments about a year earlier and we had employer insurance at that time, so it worked out. As a side note, age plays a big role in SSDI. Age 50 was a big factor on getting approval for the Medicare part of SSDI. Also, we used a paralegal service which took 20% of retro, which turned out to be $1200.00 of the $6000.00 we got. One and a half month of disability payments took care of that, so, the 20% was well worth the deal making. And you need representation to get a chance to negotiate. They (SSDI) don't do that with us ordinary people. Just sayin, Hamslice

Porgee, Vetquest and bronco, I'm not going to stop taking my medications, rest assured, but, it was my way of expressing how asinine the VA rules and regulations can be. I will submit what I have as an increase to hypertension and see what they say. I am also claiming irregular heartbeat secondary to hypertension as that is a new phenomenon as of recent and I was put on a Holter monitor for 48 hours, etc. It showed the extra beats, and I did not have them as of two years ago and believe my medications are causation. That and my recent win for LVH at 30% with x-ray evidence of enlarged heart. New medications have been added and my old ones increased, so that my help with the examiner/rater, etc. My hope (against all things VA) will be that some rater puts all this together, 2+2=8, and gets me a little more for the whole heart disease question. Currently 0% for hypertension and 30% for LVH. Bronco, This is my last set of claims submitted by myself. After this is rated, I may send my complete record to a Dr Bash type person(s) to have a thorough going over to see what I did right and what the hell I did wrong. LOL.. Me, not taking my medications would be a win for the rat bastards, and not on my watch. Thanks for the comments, Hamslice

Ok, I have touched on this in the past, but now I am getting ready for my next round of claims and have been putting information in order, etc. Background. Claimed hypertension on my first VA claim in 2008. Was granted at 0%. From an in-service event in 2004. Reason; "A higher evaluation of 10 percent would be assigned for findings of diastolic pressure is predominantly 100 or more; or systolic pressure i predominantly 160 or more; or as a minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more requiring continuous medication for control. The evidence of record does not support a higher evaluation because your pressures are well controlled and you do not have a history of diastolic reading predominantly 100 or more." Ok, so above ^^^^ is the rule they used and sent me in my big envelope at the time. Note (1): Hypertension or isolated systolic hypertension must be confirmed by readings taken two or more times on at least three different days. For purposes of this section, the term hypertension means that the diastolic blood pressure is predominantly 90mm. or greater, and isolated systolic hypertension means that the systolic blood pressure is predominantly 160mm. or greater with a diastolic blood pressure of less than 90mm. Now, from 38 CFR 4.104, we have this above ^^^^. In my VA record, my C&P in 2008, shows that they took 3 blood pressure checks that day (same day, one after another) with readings of 110/80, 122/88 and 120/80. Logic check; the VA can use 3 checks from the same day, but you, the Veteran have to use at least two checks, from three separate days, within a month. Keep in mind the VA checks were after being on medication for high blood pressure for over 4 years. Also, in my VA record at that time, was, because of an LOD for high blood pressure on 06/29/04, was a reading during my "age 40" physical, of 156/103 and the civilian doctor on 08/25/04, of 170/106. Two readings, two months apart, normal real world medical exams and appointments. My HBP was obviously controlled by medication, but if I had not taken the meds, I could have easily met the requirements for the 10%. And, also, what doctor takes your blood pressure two or three times, and if they do, they only record the one time. I've had the nurse have me sit after a high reading and then get a better ready 5 minutes later. She only records the one reading. The VA rule stinks in this regard. Its like they (VA) expects the Soldier or Veteran to know this at the time of the emergency, etc. And try telling a doctor you need him/her to write in your notes that you took my pressure three times and with readings for each time, and you need to repeat in less than a month on another day and then again on another day. Not real world. The extreme option, which is how the VA plays ball would be for me to stop my medication and get the "two or more readings above 100 on three different days" to get the 10 %. Heck, now that they have upped my meds about 3 times since 2004, I could probably get the next level when off the meds. I think I will add it to my claim and write it out as best as I can, add evidence and see what happens. Worst thing is they could deny the request for increase, Maybe, I'll do a re-open. Can my new-evidence be reports that were in my VA record at the time, but not mentioned in the findings? LOL. Hamslice Rat Bastards...

I believe they would until there is a death certificate. Just sayin, Hamslice

Sorry for the above ^^^^^ post, I just could not help myself. But, for me, when ebenifits shows nothing, it means that someone has you case opened and is working on it. I have my claims bounce back and forth a couple times a day when they get near the end. Then disappear and reappear later. Activity is good if you are waiting, because it's moving. Hoping for the best, Hamslice

Ebenifits definition, adjective not able to be relied upon. "he's lazy and unreliable" synonyms: undependable, untrustworthy, irresponsible, fickle, fair-weather, capricious, erratic, unpredictable, inconstant, faithless, temperamental; informalhinky "unreliable volunteers" questionable, open to doubt, doubtful, dubious, suspect, unsound, tenuous, uncertain,fallible; risky, chancy, inaccurate; informaliffy, dicey "an unreliable indicator"