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A VA Compensation and Pension Examiners Perspective
Tbird posted an article in Veterans Disability Claims,
A VA Compensation and Pension Examiners Perspective
This person is going to judge you. It’s their job, and that is why you are there. To be adjudicated fairly. How would you like to be remembered? A scuzzy stereotypical veteran? Or a troubled one who is doing the best they can?
Do not talk about alcohol or drug-related issues. You are not there to be assessed for those problems. You are there to be evaluated for your psychiatric functioning as today relates to your service history. If the examiner asks about alcohol or drugs, politely remind them that you are not there for those issues if you’ve ever had them, but for how impaired you are in your daily functioning. It’s best to avoid even talking about them. Got a VA horror story? I can tell you a worse one. Don’t waste your time with how badly you believe you’ve been mistreated. The examiner only has a short time to figure out how impaired you are, and they need the facts, concise sentences, and not rambling rants that lead nowhere.-
- 0 replies
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VA Math, Confusing, Right? Calculate Your Final Rating Percentage!
Tbird posted a blog entry in Tbirds Blog,
10 + 50 = 50 and other VA math mysteries explained.
VA Math It’s Not Your Mother’s Arithmetic
“VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service-connected and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating.-
- 2 replies
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VA will propose adding rare cancers to the presumed service-connected list as related to military environmental exposure
Buck52 posted a question in VA Disability Compensation Benefits Claims Research Forum,
https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5768-
- 2 replies
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Post in I need some help, please
Tbird posted an answer to a question,
If you are looking for help taking care of him something like a home health aide that comes in during the week and helps with what he needs help with. For this I would contact your local VA hospital and ask to speak to the Social Worker, explain your situation, ask for help and how to proceed.
If you are looking for additional compensation in the form of Special Monthly Compensation check out this video from CCK Law I think it will give you a good idea what it is and how to go about applying for it.
For example there is a Special Monthly Compensation Rate for TBI try reading this article from The Veterans Law Blog on SMC T It is a subscription site but it allows you to view 3 articles for free a month.
Special Monthly Compensation (SMC)
I hope this helps.
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Tbird, -
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Post in I am now 100% P&T, what do I need to know to apply for Social Security Disability?
Tbird posted an answer to a question,
You can now apply on line Read the below PDF or go here to Apply and read more https://secure.ssa.gov/iClaim/Ent002View.action
Here is a checklist for what you will need
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Dorothy Kansas
When itis not possible to seperate the effects of the service-connected condition and the non-service conected condition, the VA [must] attribute the signs and symptoms of the non-service conidition to the serce-connected condition. See Mittleider v. West, 11 Vet. App. 345 (1998); 38 C.F.R. [ss] 3.102 (reasonable doubt on any issue must be resolved in the claimant's favor) In 1996, when adopting a revised rating schedule for mental disorders, the VA stated "{W}hen it is not possible to separate the effects of the service-connected condition and the non-service connected} VA regulations at 38 C.F.R. [/ss] 3.102, which requires that reasonable doubt on any issue be resolved in the veterans favor, clearly dictate that such signs and symptoms be attributed to the service-connected conditio. 61 Fed. Reg. 52698 (Oct. 8, 1996).
In Miltleider, the CAVC noted that there was no medical evidence in the record separating the effects of the appelant's service-connected PTSD from his personality disorders. In fact a VA physician stated, "there is no doubt in my mind from the record about his post-traumatic stress disorder. This is all muddied howevere by his Axis II problems[personality disorders] and drug abuse." Although the Board noted the VA physician's statement in its decision, the board never discussed whether it considered all of the appelant's various symptoms in assigning a rating for his service-connected PTSD. The Court ordered the Board to consider 38 C.F.R. [ss] 3.102 and VA's interpretation of the regulations, explained in the Federal Register in 1996, and provide an adequate statement of reasons or bases for any conclusions made concernung the symptoms of each mental disorder and whether those sy
mptoms were seperable or should be considered part of his service connected PTSD symptology.
Advocates are reminded that the Mittleider rule should be applied not only in assessing the severity of service-connected mental disorders. It may also apply when assessing the severity of a service-connected physical condition where there is a non-service connected condition whose symtoms overlap and cannot be clearly separated. However the VA's tendency is to consider its application, if at all, only when evaluating mental disorders.
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