Berta Posted March 21, 2014 Share Posted March 21, 2014 This is FABULOUS NEWS!!!!! And I am surprised that they didnt award P & T because in my opinion these medical statements support that: "Dr. Bash told me I will have live the rest of my life like this. I didn't understand why. Then about 4 months later my Veterans Affairs Neurologist sat down with me and explained to me why there is not surgical cure for what I have. When a person has DDD and DJD then its called Spondylosis." Did the VA say why they didnt award this as P & T? If I were you (first ENJOY this victory as best as you can with the Family) I would run this by the vet rep who helped you previously, because the T in TDIU is for 'Total" and the P in Permanent is exactly what I feel Dr. Bash and the VA Neuro meant. I think maybe at this point you could request the P & T prior to filing a NOD on that part of the award. Did Dr.Bash or the VA neuro document what they told you? Would you be willing to get an additional IMO from Dr Bash on the P & T if needed? Is it possible they committed a CUE in the decision regarding the P & T? My pending GCYclaim ( go cue yourself) is based on their violation of 38 CFR 4.6. I was happy with the 6 months retro for 100% P & T but the medical evidence they had (even a letter from a former VA Secretary), clearly revealed my deceased husband was 100% P & T for almost 2 years. I had about 8 or 9 documented medical and/or legal statements of his P & T status.(This was solely for a Section 1151 stroke he had) .".I don't care about the student loan forgiveness crap, I am going to pay my bills and not get out on what I borrowed." My husband had a very small student loan balance when he had the stroke. I also had,as evidence, not only the documentation from VA Voc Rehab, that his NSC (at that time, then SC under 1151) stroke prevented him from continuing college. I also had a NYS Dept of Higher Education form ,signed by his VA PCP in his lifetime, that clearly states due to the permanent and total nature of his CVA Stroke, his Student loan balance should be waived. It was. It was only a small amount but I never dreamed when the VA doctor signed the form in 1993 that I wouldneed it not only for my prior CUE award, resolvedin 2012, but also for the request I made on that award, that they correct their CUE in awarding only 6 months of P & T. For others out there this might help....VA rates major CVAs at 100% for 6 months ,then rates the residuals. If the residuals still remain at a 100% ratable status (by documented medical evidence) the rating must continue at 100%. I have seen very few claims at the BVA whereby the veteran challenged the 6 month 100% initial rating.Sometimes the residuals are minor. Since this was a Section 1151 disability,(and FTCA award) the VA obviously buggered him big time, and caused P & T by their negligence. You might not even need another IMO Rpowell, if you get a signed Student Loan waiver from the VA neuro or any other doctor you have. I understand exactly what you mean.My husband appreciated the Student loan and wanted to pay it back himself too.He was having difficulty accepting his SSDI award and the fact that VA said he could never work again or continue college. Your dependents will get CHAMPVA which is wonderful, as well as Chapter 35, wonderful too. I use CHAMPVA and VA paid for the last half of my degree under Chap 35. These are not awarded under 1151 awards. VA awarded them to me under 3 other direct SC awards.. You did VERY well here.........but I fell they sure owe y0u the P & T and I hope your VSO agrees..and might even consider using the Request that they CUE themselves, if the evidence they had could warrant that approach. It is explained in our CUE forum. It worked for me within weeks in Dec 2011 (I got a AO IHD Nehmer denial) and generated the AO and CUE awards by mid January.2012 . GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
Berta Posted March 21, 2014 Share Posted March 21, 2014 "Okay well I got it wrong about the Student Loans and P&T...Hmmm I might have to think about this one since the loans are so low anyway. You only have to be 100% or TDIU (Total Rating Based on Individual Unemployability)..." Gee I missed reading that before I posted this AM...... I was with my husband when the VA doctor filled out his waiver form.I think I had to call NYS DHE to get it. I think the only thing the doctor looked over was a recent C & P exam due by a VA neuro. The exam took about 5 minutes and was done in a hallway..VA was busy that day. She looked through a few of his records (the MRI I think) and thensaid loudly "I declare you totally and permanently disabled." and everyone else in the hallway turned around to look at him. All I had for that specific evidence was my testimony on the date which I have the appt form for. I have the actual C & P exam, but as I advised others here, and went against my advise years ago ....I removed it from the med recs for another claim and never put it back in place.....like I advise others to do! DUH! That Student loan waiver, signed by a doctor,could mean your P & T ! GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
killemall Posted March 21, 2014 Share Posted March 21, 2014 Amazing news indeed! Link to comment Share on other sites More sharing options...
hogchick Posted March 22, 2014 Share Posted March 22, 2014 GOD IS GREAT!!!! CONGRATS :-) Link to comment Share on other sites More sharing options...
rpowell01 Posted March 22, 2014 Author Share Posted March 22, 2014 (edited) This is FABULOUS NEWS!!!!! And I am surprised that they didnt award P & T because in my opinion these medical statements support that: "Dr. Bash told me I will have live the rest of my life like this. I didn't understand why. Then about 4 months later my Veterans Affairs Neurologist sat down with me and explained to me why there is not surgical cure for what I have. When a person has DDD and DJD then its called Spondylosis." Did the VA say why they didnt award this as P & T? Yes they did they said that its expecting to get better. If I were you (first ENJOY this victory as best as you can with the Family) Yes, I am doing just that. I've been a hermit since April 2012 and stuck in my bedroom. I have just started coming out of my bedroom and start doing things since they started giving my percocet back in November 2013. I would run this by the vet rep who helped you previously, because the T in TDIU is for 'Total" and the P in Permanent is exactly what I feel Dr. Bash and the VA Neuro meant. Exactly what I am going to do. Dr. Bash and the VA Neuro both told me it's going to be permanent and Dr. Bash wrote that my issues will progress. My VA Neurologist said the same thing but I haven't checked yet if he wrote this on his progress notes. But I will ask to do this in May at my next appointment with him. I think maybe at this point you could request the P & T prior to filing a NOD on that part of the award. I was thinking about this and realized I could file a Request for Reconsideration and submit the evidence the RO lacked in using such as the EMG on my legs that shows I have Right and Left Leg Radiculopathy coming from my L5-S1 which alone should give me P&T status. I haven't even filed the Sciatica yet which I will NOW do because of this. Did Dr.Bash or the VA neuro document what they told you? Dr. Bash was very thorough in his documentation. The VA Neurologist was caught in not doing his work. I actually caught him and I send a nice secured message to his department reflecting this. This guy wrote that I was able to do this and that or not able to do this and and he didn't even examine me that day. What he did was copy and pasted a previous appointment notes I had with another person in the same office. When I did that he did a full exam on me and realized my issues were more serious than previously noted and he was the one who started me on the Percocet. Would you be willing to get an additional IMO from Dr Bash on the P & T if needed? If I have to I have to and I am willing to. I will ask him or his contact about this. Let me read both his IMOs and see if he wrote this in his IMOs. I thought he did but I can't remember. Is it possible they committed a CUE in the decision regarding the P & T? Yes they did by not including the EMG on my legs which was one month before the EMG I had on my arms that they used to make a decision on not awarding P&T IMO...But, they didn't include the EMGs I previously had that showed I have Bilateral Radiculopathy/Neuropathy in my arms.... My pending GCYclaim ( go cue yourself) is based on their violation of 38 CFR 4.6. Can you explain this one in detail because I don't understand the meaning of this CFR...Confused after reading it. I was happy with the 6 months retro for 100% P & T but the medical evidence they had (even a letter from a former VA Secretary), clearly revealed my deceased husband was 100% P & T for almost 2 years. I had about 8 or 9 documented medical and/or legal statements of his P & T status.(This was solely for a Section 1151 stroke he had) .".I don't care about the student loan forgiveness crap, I am going to pay my bills and not get out on what I borrowed." My husband had a very small student loan balance when he had the stroke. I also had,as evidence, not only the documentation from VA Voc Rehab, that his NSC (at that time, then SC under 1151) stroke prevented him from continuing college. I also had a NYS Dept of Higher Education form ,signed by his VA PCP in his lifetime, that clearly states due to the permanent and total nature of his CVA Stroke, his Student loan balance should be waived. It was. It was only a small amount but I never dreamed when the VA doctor signed the form in 1993 that I wouldneed it not only for my prior CUE award, resolvedin 2012, but also for the request I made on that award, that they correct their CUE in awarding only 6 months of P & T. For others out there this might help....VA rates major CVAs at 100% for 6 months ,then rates the residuals. If the residuals still remain at a 100% ratable status (by documented medical evidence) the rating must continue at 100%. I have seen very few claims at the BVA whereby the veteran challenged the 6 month 100% initial rating.Sometimes the residuals are minor. Since this was a Section 1151 disability,(and FTCA award) the VA obviously buggered him big time, and caused P & T by their negligence. You might not even need another IMO Rpowell, if you get a signed Student Loan waiver from the VA neuro or any other doctor you have. I understand exactly what you mean.My husband appreciated the Student loan and wanted to pay it back himself too.He was having difficulty accepting his SSDI award and the fact that VA said he could never work again or continue college. Well after reading the rules and policies on this. You only need to have 100% or TDIU and that is it. I've field out the application and I am going to send it in with my evidence to see how it plays out. It doesn't make a difference to me if they do or don't I always pay my bills. Your dependents will get CHAMPVA which is wonderful, as well as Chapter 35, wonderful too. Again this is not exactly true Berta. You have to be P&T. That is the key, Permanent and Total to even get ChampVA. Here is the policy: CHAMPVA provides coverage to the spouse or widow(er) and to the children of a Veteran who: is rated permanently and totally disabled due to a service-connected disability, or was rated permanently and totally disabled due to a service-connected condition at the time of death, or died of a service-connected disability, or • died on active duty, and the dependents are not eligible for DoD TRICARE benefits. So I can't nor my family can get ChampVA because I am NOT P&T...This is stupid but this is the rules on their website. I use CHAMPVA and VA paid for the last half of my degree under Chap 35. These are not awarded under 1151 awards. VA awarded them to me under 3 other direct SC awards.. You did VERY well here.........but I fell they sure owe y0u the P & T and I hope your VSO agrees..and might even consider using the Request that they CUE themselves, if the evidence they had could warrant that approach. LOL I was thinking about this but they would find a way to say they made a mistake and take away my TDIU..just kidding. I think i will ask for a Reconsideration and point out the reasons why and show them what they missed. It is explained in our CUE forum. It worked for me within weeks in Dec 2011 (I got a AO IHD Nehmer denial) and generated the AO and CUE awards by mid January.2012 . I want to add one more thing. The Vocational Rehab sent me a letter back in mid February that stated they are changing my status to ILP and that I am not able to go back to work. I am going to use this letter as part of my Reconsideration as evidence that shows I cannot go back to work and that I am in the ILP with them. Thanks for your help Berta... Edited March 22, 2014 by rpowell01 Link to comment Share on other sites More sharing options...
63SIERRA Posted March 22, 2014 Share Posted March 22, 2014 im happy for you brother im going thru the same exact thing, I have spondylolysis thesis, and DDD,, it started in a car accident in the army and they have been denying me since 1995. I too am not fixable by surgery and sentenced to a life of pain. I think im going to have to get an Imo because everything I submit, the va says they already have, which was MORE than plenty to award me, but they chose not to. There has to be some ROTTEN bastards that work at the VARO the way they have no probelm robbing soldiers of thier just claims and compensation. HELL HAS TO BE A HUGE PLACE. Link to comment Share on other sites More sharing options...
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