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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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qwiksting

Medication

Question

Can a prescribed VA medication for a SC problem anxiety (quetiapine) which aggravates a Non Sc problem (hyperlipidemia) to the point of Arthelscosis or CAD which led to a HA be claimed as a secondary to the SC problem. I am linking the side effects from the FDA:

http://www.fda.gov/downloads/Drugs/DrugSafety/ucm089126.pdf

I am not trying or looking to nickel and dime the VA, but……I am sick and tired of being nickel and dimed by the VA on claims that had to go to BVA (4 yrs) and was granted and another one that took 10 years to get SC. the 10 yr problem is because I gave up. It was my first dealings with the VA.

I know an IMO/IME would be needed (nexus)

Edited by qwiksting

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Um....Hmm.....

Usually its 1 condition aggravated by another that is SC, but in my case I had ED diagnosed first as non-SC, but a nerve EMG found an impingement near the caudal area that could be contributing to it, so my ED is now service connected. Ive seen others have certain conditions SC due to medication, GERD from NSAIDS for years. SO, if you can prove it I would get an IMO, 'least as likely as not (50% + opinion is supposed to defer to the veteran) and include your side effects sheet for the medication and the length you have taken it from MyHealthVA Blue button, or print it off next time you are clinic and highlight the important stuff. Attached is what my last appeal looked like. Its similar to one of my earlier claims, built using the help of FanaticBooks's and their posts on claim building. Didn't hurt that i was in college again at the time so I had APA and MLA on the brain.

Edited by brokensoldier244th

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Your NOD is very well written.

I view the NOD as the first avenue of attack and should spell out, as you did, exactly why they are wrong.

Years ago the VA turned around on receipt of NODs I had prepared.

One was regarding their idea to reduce my husband ( 30% SC PTSD) to 10%.

He had just obtained a job at the local VAMC and was also in Voc Rehab. (1988)

I used the regs and common sense in the NOD.It took about 8 months but they dropped that idea.

By 1991 he was 100% SC for PTSD.

A NOD (My daughter thinks I raised CUE in this NOD as well) that I wrote and she signed and sent to VA gave her, within 3 weeks of VA's receipt , a better Chap 35 eligibility status..

The first letter said she was awarded 1 month of Chapter 35. ( she was to turn 26 the next month)

In a scathing NOD,I Iincluded the regs and common sense again and she included her DD 214 again.,when she signed it and sent it in.

The fast response was an award for 7 years of VA Chapter 35 ( which they already knew of when she applied, as on her application and enclosed with it she had sent them copy of her DD 214, 7 years USAF Intel)

Military service can extend the limiting date of Chapter 35 VA Educational Benefits.Age 26 is usually a cut off

for adult children of a veteran.

VA Edu knows that very well and it is right on the Chap 35 app quoting those specific regs and asking for a copy of the DD 214 if applicable.

VA Edu however is often an oxymoron. :wacko:

Edited by Berta

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You guys helped immensely. All I can do is post a template of what worked thus far for me and hope it helps someone.I've not won this appeal, or lost, yet. But based on it, the ED past was separated out and awarded separately as SC. SMC, though, I did appeal since it ess never applied.

Edited by brokensoldier244th

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Thank you sir for your reply and template. I appreciate the help and replies. I am researching the CFR and this board.

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Some usefull things I have learned about meds and VA. Althought they have a very limited formulary if you have a Doc that prescribes and indicates no substitue is acceptable they have to get it for you. If you have SMC for Aid and Attendance they have to fill outside prescriptions as written. I tested this on a fungal treatment. I had to wrote my last 4 on top and asked to be filled cause I had A&A. It worked

Good Luck

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