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 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Sc 90% 4 Yrs - New Fdc Claim C & P 04/2014

Rate this question


Gastone

Question

I had been 90% SC for PTSD, CAD, SA and Tinnitus for about 4 yrs, with 2 DRO Hearings pending, when I was DX with what I believed to be a SC Secondary issue 01/2014.

Contrary to some learned opinion, I believe in filing a claim as soon as you get the DX. There's been plenty of recent discussion about opening yourself up for reviews of your other SC conditions but I've been somewhat skeptical regarding that line of thought.

As it turns out, my C & P Dr only addressed the condition specific DBQ that was requested by the VA Rating Dept. We started talking and he agreed with me that I was wrong regarding which current SC condition contributed to my new DX. I told him that I had filed another FDC when I realized the error and claimed new DX secondary to SA, which he agreed with. He apologized for being unable to address the 2nd FDC claim at that time. We talked a little longer and he intimated that if I asked for him to complete a DBQ regarding my DX'd new condition, he was required by VA reg to do so. I did, he did and I was awarded SC Secondary to SA in July. Received a Denial letter for the 1st FDC about 2 weeks before.

Both of the FDC filings opened my C-File for possible review of my PTSD rating, didn't happen. In May I finally got notice of my 1st DRO Hearing which was held 06/27. All issues from both NODs awarded including IU T & P "No Future Exams Scheduled," Retro back to 12.

Sooooooo, in my case the new claim filing 02/14 didn't cause a rating reduction C & P and certainly didn't add any time to my DRO Hearing.

Semper Fi

Gastone

Link to comment
Share on other sites

3 answers to this question

Recommended Posts

  • 0

As you know bud the Roller Coaster can go either way, in my case I was already 100% SC when I filed 2 more FDCs there after. Now it was a Success as most of the conditions were granted, but then the dang VA went in for the kill and decided to Re Eval all of my high %s. Well luckily it back fired in the VA's face, most continued and Migraines went up from 30 to 50%. Still was a heck of an ordeal to go thru, especially the over 2 hour PTSD Re Eval.

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

Link to comment
Share on other sites

  • 0

Navy04: How long were you at 70% for PTSD? I neglected to mention that I was well north of 55. Read somewhere in the past, that Vets 55 + are not supposed to be randomly selected for Reduction C & Ps.

How long after you filed your recent claims did you get notification of the C & Ps for your SC conditions? The VA has been accused of many things, but fast is not one of them. Any chance your Ratings were actually "Diary Dated" for review, well before you filed your new claims? I could see the VA doing that in regards to any SC condition that can possibly improve with time. Back in mid 2013 I visited a VSO at the VARO to see if any additional info regarding my pending DRO Hearings could be found. The only info that the VSO could come up with was everything still in the works and that my C-File and DRO Hearings had been "Diary Dated." Problem was, the "Diary Dates" had come and gone 2 or 3 times. Just saying, I could see the VA using the "DD" to be sure your SC is re-rated at some future point. They have to rely on computers to spit out those Vets that are SCd and are due a re-exam.

Semper Fi

Gastone

Link to comment
Share on other sites

  • 0

I have been 70% PTSD since Mar 14, but granted back to Nov 13. I filed my recent FDC Nov 14 and called in Jan 15 that conditions were being Re Evaluated.

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

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


  • Tell a friend

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

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      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
    • Do the sct codes help or hurt my disability rating 
    • 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.   
    • 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

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use