Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Comp & Pen Scheduled Emg

Rate this question

DianeElizabeth

Asked by DianeElizabeth,

 Share

Question

DianeElizabeth Rookie

DianeElizabeth

Posted
Posted

Hi - I am presently at 60%

After sending in a Notice of Disagreement in Dec 2013 and not hearing anything, I decided to forward a letter requesting movement on my case. I received an immediate phonecall.

First of all, my last appeal for 100% for unemployability. My last comp exam was in 2010 and I was turned down because they said I probably ruined my back by sitting and working as a researcher for 20 years. Mind you, I did work as a News Researcher for 18 months but had to stop because of the problems stemming from my service connection conditions. I am still rather stunned as to where they acquired that information being that I have not worked since 2001.

Back to my question: I had an EMG in 2012 which I requested myself using outside physicians for my own use to assist my treatment. The VA wants to do another EMG and if anyone has had one, you might understand my crankiness.

Can I not submit the 2012 report for comp and pen?

My newest endocrinologist doctor, who saved my life recently said to me "It looks like the VA was trying to kill you". I discovered on my own research that I had Hyperparathyroidism and it was evident in all my labs that the VA had for so many years. I finally decided to research the high calcium and high alkaline phosphastase and asked for a Parathyroid test. I had a tumor removed. It recurred in 2013 and had another one removed which gave me Hypoparathyroidism. My doctor could not understand why so many doctors refused to even check to see what it could be. Needless to say, I'm tired and cranky.

So second question, can VA malpractice be brought into Unemployability compensation?

Thank you all. I apologize for the meandering but it's been a long road. Sometimes it's difficult to stay on course regarding this subject.

Link to comment
Share on other sites
  • Answers 1
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

1 answer to this question

Recommended Posts

  • 0
Notorious Kelly Grand Master

Notorious Kelly

Posted
Posted

I'm sorry you've had to suffer at the hands of the VA and may have to go thru another EMG (I've only done one myself).

But I encourage you to go along with all of the tests and hoops they have; your past EMG could come in helpful too but the VA likes to do their own thing.

Hang in there, Diane! :smile:

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • One Month Later
      RICHKAY
      RICHKAY earned a badge
      One Month Later
    • Great Content
      pacmanx1
      pacmanx1 earned a badge
      Great Content
    • First Post
      czqiang1079
      czqiang1079 earned a badge
      First Post
    • Week One Done
      Vicdamon12
      Vicdamon12 earned a badge
      Week One Done
    • One Year In
      Panther8151
      Panther8151 earned a badge
      One Year In

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept