Carl the Engineer

Well that was interesting to listen to. I like the argument as an example the Statute says every WWII and Korean Veteran gets 1000 buck, but later, the Regulation leaves out the Korean Veterans. What I wish he (Supreme Court Justice) would have asked the Government (VA) lawyer, does the Korean Veterans get the 1000 bucks. That would have been a tell. I also like the other arguement that the Congress expresses that the VA should do everything it does to favor the Veteran. It will be interesting to see where this goes. Carl As far as the cost being prohibitive for the Government, then GM should be able to use that arguement when it sells 6 million cars with faulty ignition switches. Pay the Piper, as my mom used to say. Just sayin.

I was 90% (91) actually. Everything is rounded down until you get to 5, i.e., 95 which is then rounded to 100. I won a claim for an increase, from 20 to 40%, and two at 10% which were bilateral. This gave me 96, which was rounded up to 100. What is important here is that the rating that was raised from 20 to 40, was more benificial than a new rating of 20 percent. Keep that in mind. Now, I see that you are 70 MH, and have an overal rating of 90%. You need to find your actual number, could be anywhere from 85 to 94. Higher helps. Then, you need to look at all your disabilities. Do you have a disability that could be causing you more difficulties than when it was previously rated?, if yes, file for an increase. Do you have a new disability that was/is caused by one of your current service connected disabilities?, if yes, file for an condition secondary to your current SC disability. I have no biggies, but when my conditions worsened, I filed for an increase, or a new secondary condition. 30-40-60-70-80-90 and then 100P&T. About 11 years. You can do it, Carl I was at 80, and filed claims and got a 30, another 30 and a 10, thought I was going to be 100 for sure, but with VA math I got 90. You need to play their game. Keep filing when the need arises.

Veteran, We have made a decision in regards to your claim. You will recieve a letter in September after it sits on one of our desks for the next 5 months. We have recently reduced the time a letter sits on our desks from 7 to 5 months. We are dedicated to helping disabled Veterans like yourself. Please call Peggy with any questions regarding our timely responses to your concerns. -VA. Wow, Carl It's a win, and that is all that counts at this point.

The word "can" is the problem. "shall" is what is needed, Carl

PM sent, Carl

I just watched a "Veteran vs VA" hearing. In the hearing, the VA argues that the M-21 is just a guide. One of the Judges counters to the VA that the VA uses the M-21 as a guide when it conflicts with other regs and uses the M-21 as law when it can or wants. So, any arguements either way, i.e., which reg "trumps" which reg, would be determined at the Judge level, and then whatever Judge you get. No way to predict and outcome. However, it was ineresting watching the plantiff's matter of fact pleading and the VA's lawyer dancing. Bottom line is the VA can do whatever it wants and follow whichever reg it can until it gets to the Judge(s), and then they decide. My opinion only, Carl

Just saw something flash by on the news, and am having a hard time confirming it. The Government is sending VA doctors to the US border. I'll keep digging, Carl

My thoughts, If you are 100, or just got 100, if your disabilities are "static", which means there no reason to think there will be any improvement, or your disabilities are considered obviously permanent, like loss of a eye, or limb, etc., then I think you have nothing to worry about making an additional claim. Now, if you have a disability that could improve, like mental health, or even like diabeties, which rates on how you get your insulin, and how often determines the rate of compensation. You get more money (higher rating) when you go from pills to shots. Maybe they put you back on pills, etc. So, I think every Veteran has thier own situation with their own disabilities, and some Veterans with the same disabilities present differently during exams, and examiners measure the same disabilities differently. So, it's a crap shoot. The Veteran has to be comitted to their own situation and thier own claim. I am 100 P&T since June of last year. All of my numerous disabilites are static. I did get a denial for one ailment, which is unrelated to all of my static conditions. I will be appealing it soon (waiting on c-file). I'm going to take the chance, Carl And I am not going for SMC's, just want the disability added to my list, in case it kills me.

I had the treadmil test by a civilian cardiologist, because of chest pains I had twice. I used the results to get service connected for LVH secondary to my already sc'd hypertension. My mom had the chemical test because of her age, and other health conditions. I was on the treadmill for just under 12 minutes, and the cardiologist said I could be a fireman. I was a cop at the time, LOL. Appearently there is a threshold for being a firefighter. The reason I tell you this is that, even though I was fit enough to be a firefighter, I was still deficiant enough to get a 30% rating through the VA's schedule. They also did the nuclear thing at the same time, so I am not sure what test says what. My MET's where not enough for the schedule, but I think that my left ventricle muscle thickness is what got me the rating. So as always, go to the exam, and wait for the results. Never know what the see or will say. Carl

Thanks for the information. I learned something today. I really don't understand why anyone would stop thier SBP payment, just because thier spouse is going to get DIC, but who knows. For an example only, if my wife where to get $1500 DIC and $1500 Mil/Ret (after 1/2023) and after I die, why would I want her to forgo the Mil/Ret $1500, so I can save $160 a month until I die. Good luck getting her to sign up for that, and she has to sign, Any new thing to get out of paying! I suppose there is a situation where it pays to stop the SBP payments, but I don't see it. Maybe I am missing something, it would not be the first time, Carl

While I like reading these, and using the info to work my claims, I don't like that there is no way to link to a newer (if any) decision regards to what happened. In this case, it looks like the Veteran had the TDIU reinstated and recovered her benifits from '06 to 2010, but what did the rater do after that? The board gave the rater a couple options. Where any persued? Or did just leave the Veteran alone. Carl

When I was just starting out on my claims, I read that in order for my wife to receive DIC, I would have to die from a service connected condition. So, with that said, I kept adding conditions related to my service time as they come up and trying to get them service connected. I was service connected for hypertension, HBP, in 2008 at 0%, but the knowledge my wife would be taken care of was worth more than the monthly stipend at that point. I am now 100 P&T, but with that win I was denied on one condition that could lead to my demise, so there will be an appeal. I have worked my case harder and have a bunch more in the basket since I started in '08. Carl

Actually, I got my mileage reimbursement from LHI, not the VA, and it came automatically. Part of the deal. For the OP, you could have gone to the LHI website and got yourself a login and password and had access to "some" information, like when and where and the examiners name. But no exam reports, as there is a disclaimer stating, reports are available of your exam from the VA. LOL, Carl Bacon

Sometimes, they are parking lots, Carl Bacon

All, Since I have been recieving about a 50/50 pro/con arguement in my private messages the last two days, I have come up with what I believe is a simple solution. 1. No forum names, only real names. So your displayed name would be your real name, not a made up name like "SGT Rock", etc. It eliminates bogus posters. I am on a vintage equipment forum that you have to use your real name and what town you live in. It keeps you honest and that site has many more members then HADIT, so there is still participation. No BS. 2. Allow posting of all and any official documents, with a signiture, like we do now (but secectively), with court decisions and board decisions, etc. By the way, what I posted was a board decision, signed by a real person, not something I heard on a phone call. For those that would opose using their real names, well, stand in my shoes for a day, and then tell me why I should be the only one. Carl Bacon aka Hamslice

Congradulations. I think they do that on purpose, update on a Friday, so you have to wait all weekend to try and find out what happened. Some is better than none, Hamslice

See if you can get on the old sight. Sometimes it works without trying to send you to MyVA. It's a lot better layout. And, don't worry about what they write, just make sure the number is right, i.e., if you claimed 4 things, there is 4 things there. I claimed one new condition and 3 secondaries. When it first popped up, it said 3 new and 1 secondary. Whatever. Basically, if it's a new condition secondary to a already service connected condition it should be secondary, but I think the person putting the information on the page really dosen't understand how the claims work, i.e., original, secondary, assumed, etc.. What I will always say, claim it (send your best shot), wait, wait, wait until you get your rating letter. Anything in-between is spinning your wheels. I got a supprise last time, Hamslice However, I did check Ebenifits everyday for 4 months. So, there is that.

My "rep" is the VFW. However, I use my CVSO, and I do all my own forms (except the first one) and have her send it to the VFW and then they submit the claim. I have never seen anyone, CVSO or VFW add anything to my claims, ever. You would be hard placed to show me anything the VFW has done for me regards being my rep. And now, when I submitted my last claim, the assistant and the CVSO, looked me (my VA folder) up on his desktop, took my claim, scanned it to my VA folder, and then gave me back my claim. And two days later it showed up on Ebenifits. I don't think the CVSO or the VFW ever looked at my claim. Just sayin, Hamslice john999, I finally got the much covetted, "why would you appeal, you got 100%", when talking to my CVSO.

My exam with LHI was kind of comical. It was in a medical van. When they did the xrays with the "portable" xray machine, it was bobbing up and down about a half inch, from people walking in and out at the other end of the van. I told the tech that that can't be good, and she said that they have/had been having a lot of problems with the machine. So, about two weeks later, I had to go to a "civillan" hospital 2 hours away. A half hour past the VA hospital I used to go to for my C&P exams, and have all the xrays redone. I thought the exams went well, and it was with an NP. However, I did win the "cut and paste" DBQ claims, but I was referred for the more compicated claim(s). That claim went to a different 3rd party, who, did not physically exam me, but read my records and denied that claim. My real complaint is, I have no copies of exams done by the 3rd party examiners and do not show up in myHealthyVet. So, I won't know what actually happpened until I get my cfile. I have until June to appeal, and will whether I have the records or not. HLR first and then go from there. Hopefully have the records for the appeal to the HLR if denied again. Fun with the VA, Hamslice

"Evaluating tinnitus (ringing in the ears) as a symptom of the underlying disease which causes it, rather than as a stand-alone disability" Examples?, underlying disease? Hamslice Looks at an attempt to make it difficult in the future to make a claim for tinnitus.

Congradulations, and good luck, The VA sent my decision on January 24th, crickets...... Hamslice

Steve40, Not sure what your disablility ratings are, but I can assume you need to do a couple claims. What are your ratings, and what are they for. Example, 10% for hypertension, 30% for LVH, etc., etc., VSO's (in my opinion) are not proactive when considering increases and/or secondary claims. Just sayin, Hamslice

Wisconsin, you pay your property taxes and then when you file your taxes at the end of the year, the state reimburses you. FYI, Hamslice

Winner, winner, chicken dinner, Good job, Hamslice Actually having chicken and baked patatos tonite for dinner. Haha.