Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • 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

  • VA Watchdog

  • 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

  • 0

Just Received My Brother's Smr


jessie0054

Question

Hello again :

Late last month i wrote that the VA was going to reduce my brother's amount of the Pension he recieves from the military for not reporting a little job that he was given by the Mental Health Department.

I sent for his SMR to see if there was any condition he was seen for while in the Army that he might be service connected for due to his " Nerves" and his Mental Condition today.

In looking at the SMR there is nothing in them about being seen at any time for his nerves, There is something that i think he might/could be service connected for but i will need to see all his medical records since his discharge.

He was seen in { sick call } for complains of [1] CHEST PAIN [ he has a heart condition he is treated for today with i think 2 stents]

He was also seen several times for complains of [2] LUNG PAIN, Treated as a chest cold altthough he didn't have a fever but once during the sick calls.

I remember he had had problems with his lung for many years and has been in the hospital several times for his lungs collasped many times.

[3] He is shown by the SMR to have injured his back 2 times. and his right knee 2 times in a fall.

I know that he has had complains of back pain for many years and thought that was why he was receiving what we thought was a disability check all these years, Had no idea it was the Pension he was receiving.

As you might remember i wrote that he has Lung Cancer and was operated on Oct 2, 2006 to removed the upper lobe of his right lung. He was just removed out of ICU last night after many problems during his stay in ICU. He has fallen twice during this stay because his legs give out.

Question!!

Since it shows he has 2 back injuries [ low back] is there anyway to connect this to his current cervical spine disability?? He has had to have at least 2 operations over the years for fusions in this area??

Any suggestions??

Should i try to file claims for him??

Thanks, Jessie

Link to comment
Share on other sites

  • Answers 16
  • Created
  • Last Reply

Top Posters For This Question

16 answers to this question

Recommended Posts

I would certainly file claims for each of these conditions and send copies of highlighted SMRs that show a nexus to each of them.

However it might take good independent medical opinions to associate all of these or any of them to his service.

Since he has had considerable medical care for his present conditions, the doctors who have treated him might be able to render the opinions regarding each disability.

Was all of his treatment at VA or at private medical facilities?

When you get copies of all of his medical treatment records, perhaps the possible nexus has been already documented by a doctor.

His claim will take much work as so much time has evolved between his service and his present illnesses. Many BVA decisions show denials because of so much time passing between a SMR entry and a full bown major disability.But nothing is impossible.

Does he have a service officer?

Has he filed a Notice of Disagreement on the proposed reduction of the pension?

Link to comment
Share on other sites

I would certainly file claims for each of these conditions and send copies of highlighted SMRs that show a nexus to each of them.

However it might take good independent medical opinions to associate all of these or any of them to his service.

Since he has had considerable medical care for his present conditions, the doctors who have treated him might be able to render the opinions regarding each disability.

Was all of his treatment at VA or at private medical facilities?

Berta:

Most all his treatment has been with the VA, in MO, AR, and KS except for the last few months he went outside the VA for this last surgery on his Cervical Spine and his surgery for Lung Cancer.

When you get copies of all of his medical treatment records, perhaps the possible nexus has been already documented by a doctor.

I will search through them as soon as i get them to see what has been documented.

His claim will take much work as so much time has evolved between his service and his present illnesses. Many BVA decisions show denials because of so much time passing between a SMR entry and a full bown major disability.But nothing is impossible.

Does he have a service officer?

Yes, He has a service officer!! I set him up with one before he went into the hospital for the CA surgery.

Has he filed a Notice of Disagreement on the proposed reduction of the pension?

His Service Officer said he will file this and a waiver just as soon as he gets something from the VA on how much they say he was overpaid...

Thanks so much Berta for any suggestions !!!

Jessie

Link to comment
Share on other sites

  • HadIt.com Elder

You stated "His Service Officer said he will file this and a waiver just as soon as he gets something from the VA on how much they say he was overpaid..."

It may be too late to stop the reduction. Generally you have a very short time to send your disagreement with a proposed reduction notice. If you fail to comply with the NOD time constraints, the reduction takes place. Then a somewhat lengthy appeal process begins. Sounds like your VSO is failing in his job. jmo

pr

Link to comment
Share on other sites

  • HadIt.com Elder

If your brother has had treatement after discharge for those conditions that are listed in his SMR's, he needs to send them to his RO with his claim for service-connection. If those medical records after dischrge are kind of spotty, meaning large gaps of time in between treatments, then he'll need IMO's to connect the inserve occurances to his current diagnosis.

As far as his low back problems in service and his current cervical spine disabilities, they are generally rated seperately if each spine segment warrants up to, I think, 40%-50%, After that the lumbar and cervical spine are rated together if there is stiffness (ankylosis) of the entire spine. Also, I believe there is medical litrature out there that supports a cervical spine condition being caused initially by the lumbar spine. However, his doctor would have to make that connection in a good IMO.

Vike 17

Link to comment
Share on other sites

If your brother has had treatement after discharge for those conditions that are listed in his SMR's, he needs to send them to his RO with his claim for service-connection. If those medical records after dischrge are kind of spotty, meaning large gaps of time in between treatments, then he'll need IMO's to connect the inserve occurances to his current diagnosis.

As far as his low back problems in service and his current cervical spine disabilities, they are generally rated seperately if each spine segment warrants up to, I think, 40%-50%, After that the lumbar and cervical spine are rated together if there is stiffness (ankylosis) of the entire spine. Also, I believe there is medical litrature out there that supports a cervical spine condition being caused initially by the lumbar spine. However, his doctor would have to make that connection in a good IMO.

Vike 17

Thanks Vike 17:

I will be getting all his medical reports soon i hope and then i can go from there.

I think he has had treatment all through the years on his back, Not sure when he first sought treatment on the C-Spine But i think his present Dr. will help him out.

Do you know where i might find the litrature that supports the Lumbar Spine and C-Spine connection?

Thanks,

Jessie

Link to comment
Share on other sites

You stated "His Service Officer said he will file this and a waiver just as soon as he gets something from the VA on how much they say he was overpaid..."

It may be too late to stop the reduction. Generally you have a very short time to send your disagreement with a proposed reduction notice. If you fail to comply with the NOD time constraints, the reduction takes place. Then a somewhat lengthy appeal process begins. Sounds like your VSO is failing in his job. jmo

pr

PR:

Thanks for your input:

I believe there was something summitted by my Brother and my mother wrote a letter in support of his conditions both physical and Mental at the time he received the notice. That was before i got involved. All this was given to his SO at the time i hooked him up. So, I'm taking that the statement given by my Brother was an NOD. But then i'm not sure either, So guess we will have to wait until we hear something further.

Jessie

Link to comment
Share on other sites

  • HadIt.com Elder

Treatment for chest pain or heart can also be associated with amxiety disorder. If your brother was combat he can also use his own narative about anxiety or depressive episodes. Good Luck

Link to comment
Share on other sites

Treatment for chest pain or heart can also be associated with amxiety disorder. If your brother was combat he can also use his own narative about anxiety or depressive episodes. Good Luck

Thanks Pete:

My brother wasn't in Combat!! But when i questioned him about if he ever had to go to sick call for anything when he was in the service he said YES, For my nerves!!

So, I'm only guessing here or pulling at strings maybe , But couldn't the Chest pains he had been Anxiety and he just didn't know what was causing them or how to tell the DR that it was his " Nerves" [ I'm saying this because he has been treated for years for " Nerves" and depression.

And i have another question maybe you could answer?/

Don't you have to be 100% disabled to get the Non Service connected pension??

Thanks,

Jessie

Link to comment
Share on other sites

There are many reasons a veteran could have had anxiety and stress in service other than combat situations. The first 100%SC PTSD vet I ever met was in Vietnam, but not in combat at all, yet his MOS caused his severe PTSD.

Was he a Corpman in service? Corpmen saw alot in service that could give anyone anxiety and PTSD.

Also yes a pension is awarded for total disability.But if it was awarded for conditions not service connected , it would not help support the service connection claim.In his case it would be good if he could get a service connected award that would be enough compensation to go over the pension amount. He would not get both but a good SC rating could give him more monthly money for his needs.

If he claims anxiety or PTSD he will have to recount a stressor which they can verify.

Link to comment
Share on other sites

  • HadIt.com Elder
Thanks Pete:

My brother wasn't in Combat!! But when i questioned him about if he ever had to go to sick call for anything when he was in the service he said YES, For my nerves!!

So, I'm only guessing here or pulling at strings maybe , But couldn't the Chest pains he had been Anxiety and he just didn't know what was causing them or how to tell the DR that it was his " Nerves" [ I'm saying this because he has been treated for years for " Nerves" and depression.

And i have another question maybe you could answer?/

Don't you have to be 100% disabled to get the Non Service connected pension??

Thanks,

Jessie

Back in the 70's, I received non-service connected pension for some physical injuries I received as a result of an accident. They actually totaled 60% but the VA paid me the pension, even though I wasn't 100%. I think they are a little more lenient for pension.

pr

Link to comment
Share on other sites

There are many reasons a veteran could have had anxiety and stress in service other than combat situations. The first 100%SC PTSD vet I ever met was in Vietnam, but not in combat at all, yet his MOS caused his severe PTSD.

Was he a Corpman in service? Corpmen saw alot in service that could give anyone anxiety and PTSD.

Also yes a pension is awarded for total disability.But if it was awarded for conditions not service connected , it would not help support the service connection claim.In his case it would be good if he could get a service connected award that would be enough compensation to go over the pension amount. He would not get both but a good SC rating could give him more monthly money for his needs.

If he claims anxiety or PTSD he will have to recount a stressor which they can verify.

Berta:

I have a question?

If i file these claims for him and they do not amount to 100% service connected, Will he lose the NSC pension??

I do not want to put him in worse financial shape than he already is.

Thanks,

Jessie

Link to comment
Share on other sites

Berta:

I have a question?

If i file these claims for him and they do not amount to 100% service connected, Will he lose the NSC pension??

I do not want to put him in worse financial shape than he already is.

Thanks,

Jessie

I am afraid he could lose the pension unless he took immediate steps to challenge their letter attempting to take it away.

I am posting the recent SC rates:

http://www.vba.va.gov/bln/21/Rates/comp01.htm

These rates will go up next year with the COLA.

I dont know what amount he gets now as a pension so you could compare it to the rates that would give him a higher level if he can be service connected.

I noticed something at this site under the pension tables--it says that a pension requires a yearly income lower than $10,579.

Are they saying he earned more than that and did they factor in his medical expenses?

What is the status of his appeal on the attempt to reduce his pension?

Edited by Berta (see edit history)
Link to comment
Share on other sites

Hello again Berta and thanks for your guidence!!

I am afraid he could lose the pension unless he took immediate steps to challenge their letter attempting to take it away.

I'm trying to prevent this. I have also ask for help from the Mental Health department where he was being seen at in Kansas. I belive they must have contacted the VA in his behave as he got an appointment notice from the local VA for Jan 30th. He hasn't been to the VA for his care in some years, But then i'm only guessing here. I had him [ my Brother] to sign release of information forms from the Mental health to release his records to Me.

I noticed something at this site under the pension tables--it says that a pension requires a yearly income lower than $10,579.

According to this rate he is paid $881. Monthly which amounts to $10,572.

Are they saying he earned more than that and did they factor in his medical expenses?

Yes, that little job that the Mental Health gave him of 1 hour a day for 4 days a week amounted to about $90 a month.

What is the status of his appeal on the attempt to reduce his pension?

I don't know at this point!! Haven't heard from them since my mother wrote to them in his behalf and i'm hoping that the Mental Health Department that gave him this job has too stepped in on his behalf since in his Mental Being he wouldn't have known that since they gave him this job he would have to report it as income if they themself didn't directly tell him. My point being!! If couldn't have figured that out himself.

Jessie

Link to comment
Share on other sites

Treatment for chest pain or heart can also be associated with amxiety disorder. If your brother was combat he can also use his own narative about anxiety or depressive episodes. Good Luck

Yes there are many studies linking CAD (Coronary Artery Disease) with Depression, but please show me one Dr. who will put that in writing in his patients records, and I'll give him another patient!

I feel my CAD is a result of years of deep depression. While VA Dr.'s will privately tell me that there are studies that link the two, none will put it in writting.

Brewers_2150

Link to comment
Share on other sites

This is GREAT news!!!!! I know you were quite concerned for him.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

{terms] and Guidelines