Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

C&p For Increase

Rate this question


ronn

Question

Had two c&p's today. The first was with a general medicine doctor for hypertension . As expected , Don't think that went well at all.

The second was with a neuroligist for stroke. After a few questions and a short exam. He picked up his phone and in my presents dictated his report to the houston regional office.

. The main jist being " His stroke is least as likly as not related to his treatment for throat cancer due to radation therapy"

Where might i find the rating critera for stroke and neuropathy ?

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

Berta,

TO answer a few of your questions, I'm currently rated 30% under 6519.

It took me over a year[ in treatment ] to find out ,my va treated throat cancer was agent orange related. One month after i filed the original, i had a stroke.

Well, I got mad , not knowing what i was doing, dav rep was no help, i filed another claim. It is for hypertion,stroke, upper & lower neurophy,an increase for rating for throat cancer and unemployability.

My C&P got my throat cancer connected to my stroke and pn.

Although i did not file for it, I mentioned to the C&P doc , that i thought my stroke was caused by my hypothyroidism . It was not under control after radation thearpy . I knew because they made big changes in my meds for my thyroid.

As for as thearpy goes, they got me up with a walker and upper body exercise after about 3 months. I have not been offered occupational thearpy so i assume they consider me unable.

I have not even looked at SMC yet.

The orignal claim only took 9 months, i have not yet been denied.

I fired off a letter to the va requesting that they back date this claim to the orignal stroke date.

Hope I'm done with this ! It's there turn so the wait begins.

Ronn

My time has probably expired. Is it one year?

This claim should have been an NOD. DAV rep was happy I was not, but i was new to all this!

I have never gotten 100% for any thing !! like i said Even though i was being treated by the VA no one told me I could file for agent orange!

Iwas paid the 30% from the date i filed!

Something here really bothers me-

Ronn-did the VA ever rate you temp at 100% for the throat cancer?Did they use Diagnostic Code 6819?

Did they somehow catch it right away diagnose you and then immedtaly treat it?

I am just puzzled as to why you never got at least a temp 100% SC rating- or maybe you did---

or maybe I am just going nuts-

because I think -if they didnt pay you -100% even temp- they might owe you that as well as 100% in the future-

Whether you are AO vet or not-

"Subsequent to the regulatory changes, 38 C.F.R. § 4.97,

Diagnostic Code 6819 states that malignant neoplasms of any

specified part of the respiratory system exclusive of skin

growths will be assigned a 100 percent evaluation. The

language in the note following that code was changed and

states that:

A rating of 100 percent shall continue beyond the cessation

of any surgical, X-ray, antineoplastic chemotherapy or other

therapeutic procedure. Six months after discontinuance of

such treatment, the appropriate disability rating shall be

determined by mandatory VA examination. Any change in

evaluation based upon that or any subsequent examination

shall be subject to the provisions of 38 C.F.R. § 3.105(e) of

this chapter. If there has been no local recurrence or

metastasis, rate on residuals. 38 C.F.R. § 4.97."

from:http://www.va.gov/vetapp01/files01/0108903.txt

If you agree with my point-do you still have time to NOD the 30% decision?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use