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    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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Jason Kahl

Can I Get Smc

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I went to the VA last year, they waited 2.5 months to remove a disc that was on my spinal cord. I can hardly walk and on tons of pain meds.

Last week the at the C&P exam the doctor wrote it is more probable than not and a few other things saying the delay in treatment caused the spinal cord damage. I take care of my personal needs but can't clean house or take care of my kids...

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Did you file a claim under 38 USC Section 1151?

You sure have the evidence for that.

If the VA errs in treatment or lack of treatment, or does anything that is negligent and causes additional disability-the additional disability can be rated and deemed "as if" service connected.

It sounds like you might still be in the FTCA statute of Limits.

If a vet makes clam against th USA ( VA) for damages due to negl;igence within 2 years after they are fully aware of the negligence ( the doc's statement might be the SOL date here) they can file FTCA case against the gov and succeed.

However FTCA settlement amounts are offset to any Sec 1151 comp.

There is a lot of info here on FTCA and Section 1151 clams.

It is unusual for a VA doc to even mention any basis for 1151 or FTCA- this doc did the right thing. Most of them would

have swept this under the rug.

Do you have a vet rep?

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PS if you are unable to work due to this medical error -file for TDIU under Section 1151 too.

Is there any good prognosis? Does the doc expect you to return to work at all?

Was this surgery for a SC disability- if so did you check out the temp convalensence regulations here at hadit under the search feature?

If for SC disability- then ask for TDIU under direct basis (as well as 1151)

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Welcome to Hadit and you can take Berta's advice to the bank. Once you get SMC the VA often will provide an aide to come a couple to five times a week and help out with light household chores and possibly help you with baths and other things.

Good Luck

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Get a copy of that C&P report to see if it actually says that. Sometimes these C&P doctors act like they are favoring you but when you read the report it is something different.

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    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

       

      10 years

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      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.

       

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      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
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    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


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      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

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      The BVA case and this report is also searchable in our AO forum.

       

       

       
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