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

Question On Partial Comp Payment

Rate this question


jlshand

Question

I have filed a claim for multiple conditions secondary to DM11.

If as I expect, most of the secondaries will be denied but the DM11 granted, will I have to wait for decisions on my NODS for the secondaries before being paid for the DM11????

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Guest terrysturgis

jshand, I assume you are an in country Viet Nam Veteran exposed to agent orange. My DMII took about eight months and the secondary (neuropathy) took two years. I am now 94% paid at the 100% TDIU rate permenant and total. Good Luck. Terry Sturgis

Link to comment
Share on other sites

jshand, I assume you are an in country Viet Nam Veteran exposed to agent orange. My DMII took about eight months and the secondary (neuropathy) took two years. I am now 94% paid at the 100% TDIU rate permenant and total. Good Luck. Terry Sturgis

Terry thanks for your response. Yes I am agent oange presumptive for DM!!...Did your grant and payments for the DM11 begin even tho the secondaries were still be delayed and denied??

Link to comment
Share on other sites

Guest terrysturgis

jlshand, as soon as the DMII claim was approved my 20% pay started retro from the date of filing the claim. I did not know I had neuropathy till I discovered what to look for as secondary on the Hadit site. Berta was my helper for that information. Take care. Terry Sturgis

Link to comment
Share on other sites

Thanks Terry

Glad to hear you finally won out. I go for my final (of three) C&P's tomorrow and this is the "killer"

Despite two IMO's from board certified internists and cardiologists that my heart problems are "at least as likely as not" caused / aggravated by my DM11, this guy tomorrow, an internist /cardiolgist contracted by the VA will UNDOUBTEDLY say they are NOT!

I know this like I know which direction the sun comes up in the western hemisphere!

They have scheduled me for yet another cardiac stress test despite my inclusion of my last one plus an arteriogram showing enlargement and coronary artery disease + full social security disability etc etc.

I doubt they have even read my claim past the part where it says the conditions I'm claiming!

Its for sure that any contracting MD better not give too many pro vet medical opinions for fear of losing VA business. its also for sure that tomorrow will be the first step in the VA game of deny, delay, die. I will ultimately win out provided I live long enough because my evidence places anything they come up with in equipoise which of course is decided in favor of the VET. BUT..... I"m sure they have had enough VETs give up to make their tactics pay for them

What a sick system! I wonder if anyone of us EVER has won conditions secondary to DM!! on the first round. About one percent at best. and he was proabbly a double amputee!!!

Thanks for your help . Im a bit steamed as you can tell but this system is really criminal!!!

Link to comment
Share on other sites

Guest terrysturgis

If you read this before your C&P the best advice I could give is to be honest. When they ask you how you are feeling today do not say"Great". I do not say great but something like "I'm hanging in there" as how you dress and what you say wind up on the C&P report. After your exam go to the Release of Information office and FIO a request for a copy of your exams. It helps you plan your next move if you know what the examiner has reported. I will say try not to get discouraged but there isn't any one of us on this board that have not at times felt beat up by the non adversarial VA system at one time or another.

You are helping your claim by working the HADIT forum as "Knowledge is Power". Good Luck! Terry Sturgis

Link to comment
Share on other sites

Terry,

These have all been contracted Docs, outside the VA formal sysytem. This is kind of interesting to me, I asked the Docs and the agency that set up the evaluations for the VA, if they werent supposed to have a copy of my claim form so as to properly evaluate the medical record inlight of their exams. Everyone of them failed to have the info!

The first who is an internist and, I understand, will put all the exam input together in a report to the VA, said" no we are not supposed to have your file so that we can make a completely "independent judgement on your condition to the VA

Sooooooo I wonder who is correct as I have always read on this board and others that they are REQUIRED to have this at the evaluation and that some ahve suggested we VETs should refuse the exam if the DOC didnt have the claim form.

Could this rule just be for inside the VA doc????? The agency that set the appts gave me the same message. What doyou think???

Terry,

These have all been contracted Docs, outside the VA formal sysytem. This is kind of interesting to me, I asked the Docs and the agency that set up the evaluations for the VA, if they werent supposed to have a copy of my claim form so as to properly evaluate the medical record inlight of their exams. Everyone of them failed to have the info!

The first who is an internist and, I understand, will put all the exam input together in a report to the VA, said" no we are not supposed to have your file so that we can make a completely "independent judgement on your condition to the VA

Sooooooo I wonder who is correct as I have always read on this board and others that they are REQUIRED to have this at the evaluation and that some ahve suggested we VETs should refuse the exam if the DOC didnt have the claim form.

Could this rule just be for inside the VA doc????? The agency that set the appts gave me the same message. What doyou think???

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

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • 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

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use