Jump to content
HadIt.com Anniversary 24 years on Jan 20, 2021 ×


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    107%
    $1,608.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

HadIt.com Anniversary 24 years on Jan 20, 2021

Approved After 8 Years!


Recommended Posts

This is possibly going to be a load of retro pay, EIGHT YEARS WORTH! I have Multiple Sclerosis and when I went into the PTSD program in Menlo Park I was not able to take my weekly shot of Avonex because of a VA policy that did not allow the use of Interferon. Because of the stress of the program coupled with going off my meds I had a massive exacerbation late 2002. My Kaiser neurologist wrote a letter that stated, In temporal association with the medication withdrawal and the stress of the program, he experienced a significant worsening of preexisting bowel and bladder control problems; such that he ultimately required a colostomy for bowel control. He uses intermittent cauterization for bladder control. It seems to me that the association between these events is more likely than not.

The above letter was submitted twice over the years and for reasons beyond my understanding was discounted by the VA. When I showed this letter to the BVA attorney she immediately saw its significance and I finally received a positive ruling granting me, Entitlement to service connection for neurogenic bowel and bladder, as secondary to treatment for service-connected post traumatic stress disorder (PTSD). I received this ruling just 3 months after my BVA hearing. Now I am just waiting for my new rating. I am currently SMC M1/2. I am hoping for a R1 rating but I am not sure if you need a O/P rating first before you can get a R1. Does anyone know the answer?

Rich

Link to post
Share on other sites

  • Replies 7
  • Created
  • Last Reply

Top Posters In This Topic

  • Admin

I think it iwll be an O.

I am with Carlie. File the 1151 claim. Their refusal of your treatment caused you some serious issues and they are responsible ragardless of their bullcrap rules.

J

Link to post
Share on other sites
  • HadIt.com Elder

"Entitlement to service connection for neurogenic bowel and bladder, as secondary to treatment for service-connected post traumatic stress disorder (PTSD)"

As an 1151er myself, this statement is, in my opinion, an omission of VA negligence.

We have a vet here who received a similiar statement in a SOC and finally he said a few weeks ago, he had sent them a formal 1151 claim.

But VA never 'infers' a 1151 claim and it must be filed under auspices of 38 USC Section 1151.

It will be interesting to see how the VARO actually prepares the award here.

As I understand VA case law, 1151 ratings must be paid separate from SC ratings. They cannot be combined.

My AO award proved how it works.

Husband had a Section 1151, FTCA stroke which contributed to his death.

The AO Nehmer award I got in January continued his SC death for 1151 and direct SC IHD, and death due to DMII contributing, and also awarded 100% for 6 months for his 1151 stroke as well as SMC for the residuals under 1151.

He also had 100% SC PTSD, in a posthumous award and I received that retro years ago. With No offset from the 1151 award and retro due to the Nehmer decision (which included a CUE claim award regarding the CVA but I explained that here before.)

My point is 100% direct SC does not mean that a 1151 SC 100% award wont be paid....too ,as it was in my case.

But a lot depends on the rating VA is preparing now and how they word it. I assume it will be a secondary SC rating but their could possibly still be the potential for the 1151 claim.

"The above letter was submitted twice over the years and for reasons beyond my understanding was discounted by the VA. "

They cannot consider an obvious potential negligence or malpractice issue without having a formal claim under that basis from the veteran. I tried to make that point many times to the other veteran here with the omission of VA negligence right in his SOC.

"When I showed this letter to the BVA attorney she immediately saw its significance and I finally received a positive ruling granting me, Entitlement to service connection for neurogenic bowel and bladder, as secondary to treatment for service-connected post traumatic stress disorder (PTSD). "

Of course she did. A good vet's attorney will consider every facet of potential SC for a claim and they never overlook potential for 1151 if it is evident.

Your lawyer will know better then me if you should also file 1151 here.It might be appropriate to reach the highest level of SMC possible in your case.

This is what was claimed,that triggered the BVA award:

"neurogenic bowel and bladder, as secondary to treatment for service-connected post traumatic stress disorder (PTSD). "

But malpractice and negligence often has a domino affect.

I am filing myself , 18 years next month my husband died, a new Section 1151 claim.

1151 claims have no time limit and the EED is determined by the proof of malpractice.

I have the medical evidence , had it since 1997, but didn't claim this specific disability and I thought the Nehmer award might cover it.

It didnt but the Nehmer award gave me a foot in the door for not only the 1151 claim but basis for a NOD too.

The VA has to consider the colostomy. I helped vet friend get 100% and SMC for a VA malpractice situation which he ended up with colostomy from. I forget how they determined that rating but it was under 1151.

In the claim I wrote for him to sign I just put down words to the affect that :

'my VA medical records ,to include medical records involved in my recent VA surgery at Buffalo VAMC, will reveal I have suffered from negligence at hands of VA and have resulting disabilities due to the VA's negligence.'

It was one of the fastest awards I ever saw coming from Buffalo VARO, awarded in mere months instead of years.

With the retro you expect ,at some point your lawyer might suggest getting an IMO to see what else the VA might have buggered beyond causing the neutrogenic disabilities.

That is what I mean by the 'domino' affect of negligence and malpractice.

Even a small medical error, if not corrected fast, can lead down the road to other major problems.

Edited by Berta
Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By lf1900
      .
    • By Spearhead
      How can I find information on a shooting incident that happened back in 1976 on base.
    • By Wise Guy
      I’m currently at 90%. Part of it is 70% for Insomnia and PTSD. I was originally at 30% for Insomnia and then filled for PTSD which total is 70%. Now I have sleep apnea pending with the use of a CPAP. If it gets approved, do you think it’ll raise my 90% to 100% or will it lower or even stay the same since insomnia and sleep apnea is in the same category?
       
      Current ratings are:
      Right hip impingement 10%
      Lumbosacral  strain 10%
      Left tennis elbow 10%
      Post Traumatic Stress Disorder (PTSD) with Insomnia 70%
      Right knee strain 10%
      Bilateral Plantar Fasciitis with flat foot 50%
       
      Total 90%
    • By Lighthouse
      I submitted a follow on claim four years after my initial claim for worsening conditions.  I got a notification (accidentally) from QTM to schedule two C&P exams about 30 miles in opposite directions.  I live in NYC.  Being an 8D, I checked out the doctors.  For PTSD, I was assigned a child psychologist.  For my back and ankles, I was assigned a nurse practitioner with no specialized experience in osteopathic or neurologic disorders.  I cancelled all the appointments and call the VA.  I asked to have my C&P exams conducted only at a VA facility near me.  Chad, the nice VA guy said he would change my preference but it would take longer to get my C&P exam.  I am at 90% and want professionals in the fields for which I am being prodded.  Was this a good or bad move?  Thanks to all of you and mostly T-Bird. 
  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 41 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines