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  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
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    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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Guest Jim S.

Guideline For A 1151 Claim?

Question

Guest Jim S.

Does the failure by the VAMC Primary Care Dr. and/or Psychiatrist, to test and evaluate the Veteran's history of a mental disorder during service and/or if it may have some bearing on their current diagnoses of an associated mental disorders and/or conditions, rise to the level of a 1151 claim for failing to address the in service diagnosis for treatment and/or how it may bear on the effect and/or treatment of the current diagnosed mental disorder?

I have repeatedly asked to be evaluated for my inservice diagnosis of an acute schizophrenic episode, to determine it's state of remission and or how it may have some bearing on my current diagnosis, but I am rebuffed each time that they are only interested in treating me for my current diagnosis.

Must the Veteran exibit the extreme symptoms of his mental disorder, in order for the VAMC Dr's and/or Psychiatrist's to take notice and do something to help the Veteran cope with the total picture, of his mental disorder?

Jim S. B)

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Guest Morgan
I certainly hope the 1151 adds to my check... It had better considering they wastedmy life and shortened it without doubt. Because of thier wanting to cover up the error, I spent 5 friggin years in a wheelchair and will more than likely be back in one soon if I don´t got physical therapy soon.

Hmmm I am looking for 100% with SMC R1. This and nothing less... period... end of story.

Josh,

Sorry you have gone through so much. Are you getting PT set up now? It would be a shame to end up back in a wheelchair when you can do something to head it off. What about Aid and Attendance, do you need that?

I know it is intense to fight through this, but be sure to push for everything that is rightfully yours. I am working through much of the same for my husband. He's in a wheelchair, too, because of poor VA medical care. He's getting PT three times a week now, but there's not much hope of it helping him. His claim for SMC R went to a rater last Friday, and she called me at 6:00 pm for a follow up, so I guess she must have been working late. We're hoping it was his claim that kept her there so late. I guess we'll find out soon. We revoked the POA with his SO because he made such a mess on the last claim. I finally fixed the trouble he caused and we won the claim and SAH entitlement. Now we are on our own again. This is too important to let an uninformed or untrained SO make it harder.

I've done a lot of research on Sec. 1151 and SMC R1/R2 so let me know if you think I could do anything to help you. (But you might want to wait and see if I win the claim for my husband. B))

Thank you for serving our country.

Carrie

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Guest Berta

Carrie- that was quite a good assessment of 1151 claims!

glad you explained the offset-

Also Sec 1151 claimants can get SMC if appropriate-under 1151, but this is still an "as if" claim-

what bothers me is that I believe they combine the SC with the Sec 1151 to arrive at a comp figure-but I heard of a 100% vet who gets additional check for Sec 1151 disability.

When my claim is resolved I too will understand that part better-

Sec 1151 surviving spouses are not eligible for CHAMPVA, Chap 35, Home Mortgage Certificate,

and many other ancilliary benefits -under Sec 1151 deaths.

If the vet was direct SC 100% P & T before their Sec 1151 death -then the spouse would be eligible for CHAMPVA and Chap 35.

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Berta, When the two of us get our claims approved, we will have a lot of information to add to HADIT. It looks like you, Carrie, and myself are all playing the waiting game at this point.

Today I go into a orthopod to have the back checked out further and may get some PT added. Physical therapy here is the jungles of Colombia is really hard.. Most assuredly.. not available and cannot leave the farm unattended.

Oh yes FYI, I am currently 100% NSC with AA and that was granted because of a Misdiagnosis of MS rather than Infectious Encephalomyelitis which is the real problem. It will be interesting to see how they work out the conversion to 1151 100% with the SMC attached. That will happen hopefully in my lifetime. if not then in my wife´s lifetime as she saved my butt bigtime bringing me here to get the IV antibiotics.

Hugs to my Hadit "accomplices,"

We will win this fight!

Josh

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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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