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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

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New Diagnoses Agent Orange Exposure


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Good Evening Everyone,

I have been browsing this site for a few hours. I did not find answers to what I have questions for. So I am hoping someone can advise me.

My Father served in the Marine Corp In Vietnam from 7/1967 to 5/1970. It was determined that he was exposed to Agent Orange. Along with being on a registry for Camp Lejeune for water contamination.

My Father wears AFO leg braces for the Neuropathy. He was falling a lot and I had discussed with his Primary Care Dr a few years back that I felt my father had the beginning stages of Parkinson's. The Dr sent him to the Neurologist at the VA. Which they did a EMG, along with a MRI. They found that my dad had really bad Neuropathy. He could not even feel them shock him. He also had filed his claim for PTSD. Which initially they had denied, he appealed. He finally got it. But after seeing QTC Dr they tried to say my Dad was incompetent to manage his affairs. Which I had taken my Dad for 2 different evals to prove competence. So that did not go thru with the Fiduciary. My Father's conditions make it where he can not drive. He had an accident because he could not feel the brake pedal. My Dad has lived with me for the past 8 years. He manages all of his own money, medication refills, everything. He just needs help to get where he is going. Because of the physical limitations. Fast forward to 2015. After he got his claim for PTSD about 3 years ago my Dad was having chest pains. I took him to the Emergency Room where my father was found to have 2 major blockages in his heart. They did 2 Stents. There were still some more blockages they could not get to them because it was not reachable. I want to say they diagnosed him with CAD which I found VA referes to this as IHD. I believe he also has COPD I am waiting for his medical records. He has quite a few disc issues in the Cervical, Thorasic, and Lumbar areas. Along with the Siatic Nerve issues. My Dad was receiving VA transportation but since they say he no longer qualifies for this. With the new regulations. But he is unable to drive because of no feeling from the waist down.

We were in to see his Cardiologist a few months back and he asked me how my dad was. I had told him my concerns that he was falling a lot. That I cannot leave him at home alone. Because of the falls.We are with him 24/7 My dad has fallen and broken his ankle he was complete and total care for 3 months. He also fell before that and broke his toe and had a huge laceration. When I had addressed the issues a few years back with PCP, he said the Neurologist said all of this was from my Dad's Neuropathy.

I have addressed it multiple times with my Dad's PCP about the worsening of his symptoms with nothing being done. My Dad was finally diagnosed by outside Neuro with Parkinsons. The funny story is this Dr we did not know at the time had worked previously at the VA. I took my dads records into the office with me. He asked questions did the testing. He did another MRI to check for any issues that could cause this. He put my dad on some Trial medication with a follow up a few weeks later. My dad was falling at least 5- 6 times per week. Not small falls very hard ones. He had all the symptoms of Parkinsons. The medicine helped my dad in the past few months has only fallen 2 times which is a major improvement. So we cant chalk all of my dads issues up to the Degenerative Disc issue, Neuropathy. The medicine would not have worked. My dad had another EMG done with same Dr and his neuropathy is so severe. We follow up next week with him for results.

Sorry for the long winded history. I just thought it may be helpful. If they look at the new diagnosis will we have to go back for an appointment with QTC? Went to VA when we were into see PCP we told him of the new Diagnosis.. He said wow I know you had mentioned it a few times in the past. So with me mentioning that would they back date it? The Neuro said my dad has had the symptoms all along but the VA said it was the Neuropathy. Which is not fun either. The VA now sends my dad his meds for the parkinsons. On top of all of this my dad also had a Upper GI bleed, from the medications VA had him on. It tore his stomach up. My dad has an Abdominal Aortic Aneurysm as well. They have done nothing for it. Just watching it.

The outside Neuro has filled out the DBQ saying he does have Parkinsons. His Motor Manifestations are Stooped Posture Moderate. Balance Impairment Severe. Bradykinesia Moderate. Loss of Automatic Movements Mild, Speech Changes Moderate. Tremor Yes Right Upper Mild. Left Upper Mild, Right Lower Not affected, Left Lower Not Affected. Muscle Rigidity Yes R Upper Moderate, L Upper Moderate, R Lower Moderate. L Lower Moderate. Depression he marked Yes and wrote PTSD. Cognitive Impairment None. Loss of sense of smell None. Sleep Disturbance Moderate. Chewing None. Urinary Problems 2-4 is marked Constipation no. Sexual Dysfunction Yes Mild . Financial Responsibility he marked dad in his judgement is competent. Then does the veterans parkinsons impact his ability to work he put Yes. Unable to walk because of Postural Instability.

My questions are 1 with him already being at 90% SC, with Unemployability making it 100%. Does he have a claim to compensation for the following Diagnosis's

Parkinsons Diagnosis.

IHD or CAD ( I will check his records and see exactly what it says)

Sleep Apnea

Severe Peripheral Neuropathy ( it says on the report Length, Dependent, Predominatly axonal peripheral neuroapthy. 2 Sensorimotor median neuropathy across the right wrist consistent with carpal tunnel syndrome. Acute C8-T1 radialculpathy on the right. Chronic L2,3,4 and S1-S2 radialculpathy on the right. Acute on Chronic L4-5 radialculpathy on right. absent responses of the lower extremity sensory nerves. In short his Neuropathy has worsened.

Hypertension

Drop Foot

Abdominal Aortic Aneurysm

ED ( You guys will know what that is)

My dad gets a lot of swelling as well retention of water. Which he is taking meds for.

The person down at VA we had stopped in to get the clothing allowance form. We had asked a question. He said my fathers case when he pulled it up he had no clue why he wore the AFO's we told him the Neuro had ordered them a few years back. He said well if it was correctly put in there he would have seen why. He also said that if my dad wears those. Then he should be getting more compensation. ( He briefly explained how it all worked) We have an appointment to go and talk to a rep there about my dads case. We did submit the DBQ for his Parkinsons. The Dr will fill out a DBQ for the worsening of the Neuropathy. Should I take a DBQ to the cardiologist? My dad takes blood thinners for life with the heart issue. He also gets very short of breath. But is not on O2 yet. He gets also SMC (I)

My father had applied a while back for Aid and Attendance when he broke his ankle. The PCP at VA filled out the paperwork. To date we have heard nothing. I cannot even see the claim status on the ebenefits. Nor do I see the Parkinsons claim

My Dads conditions says below that this is all service connected to Agent Orange. Will we have to go and see numerous Dr's if he files for benefits for these since there is a trail already?

The guy we spoke to at Clothing Allowance said there are some grants that will modify or add onto a home for him to have accessibility. We own our home, but it is in our name. Will my Dad still qualify for these to make things accessible for him. or do an addition of a downstairs bedroom for him? Below are his ratings.

Disability Rating Decision Related To Effective Date diabetes mellitus, type II with diabetic nephropathy and tinea pedis 20% Service Connected

Agent Orange

02/2004

early peripheral neuropathy, left lower extremity

10% Service Connected 02/2005

early peripheral neuropathy, right lower extremity

10% Service Connected 02/2005

hypertension

0% Service Connected 02/2004

peripheral vascular disease left lower extremity

20% Service Connected 12/2008

peripheral vascular disease right lower extremity

20% Service Connected 12/2008 posttraumatic stress disorder (PTSD)/major depressive disorder 70% Service Connected 10/2008

Thank You for all of your help. I will honestly say that it is an honor to take care of my Father. But it is also the hardest to see his decline with his physical abilities. My Dad has always been my best friend and Hero.

Thank You to each and everyone of you for your Service and Sacrifice for our Great Nation. Welcome Home!

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Good Evening Everyone, I have been browsing this site for a few hours. I did not find answers to what I have questions for. So I am hoping someone can advise me. My Father served in the Mar

I think the VA needs to be aware of the older Nam veterans, because for some of us we were ok when we got out but that old Agent Orange will sure creep up on us over the years, In my opinion All veter

Robert P. Walsh Attorney 2 Michigan Avenue West Suite 301 Battle Creek, Michigan 49017 Telephone (269) 962-9693 Telecopier (269) 962-9592 E-mail: rpwalsh@sbcglobal.net ______________

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Yes she still needs to claim the Parkinsons dx. Hopefully that will put him at 100 schedular or PnT and not need IU. If he has the dx of the CAD or IHD related heart issues then yes file that as well. Go to the RO and check the status of the claim for A&A or call the hotline and talk to someone at the RO for a status check. If you have NSO as POA then make an appt. go have them do a quick status check. Not sure about the home modifications but thats definitely a good question for the Special Operations when or if you go to inquire at the RO. Shoot me a message if I missed something.

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"The Neuro said my dad has had the symptoms all along but the VA said it was the Neuropathy.


On top of all of this my dad also had a Upper GI bleed, from the medications VA had him on. It tore his stomach up. My dad has an Abdominal Aortic Aneurysm as well. They have done nothing for it. Just watching it.

We have an appointment to go and talk to a rep there about my dads case."

He gets also SMC (I) Is that the SMC "L" award ?

Yes, by all means, claim the Parkinsons and the IHD due to Agent Orange exposure and any other conditions you feel derive from his service.


"On top of all of this my dad also had a Upper GI bleed, from the medications VA had him on. It tore his stomach up."
If he was on NSAIDS, the VA would grant for GERD but it sounds like this caused more more then GERD.
That claim can be filed as secondary to the meds he took or under 1151 , or both ways.

My dad has an Abdominal Aortic Aneurysm as well. They have done nothing for it. Just watching it.

That is not unusual that they would kept watch on that to see if it grows.


"The Neuro said my dad has had the symptoms all along but the VA said it was the Neuropathy"

You dad might have the basis for a FTCA case and/or a Section 1151 claim in that regard.

If they misdiagnosed him over the years, they might have caused him additional medical problems.

When a veteran has a 100% direct SC disability ((is he 100% yet for anything?) and whether they get additional SMC or not, and they can prove ,under 1151 that they also have an additional disability at 100% under 1151 , the VA pays both comps separately.

100% SC oplus 100% 1151 equals 200% in comp.

That might not be the case here but it sure looks to me that VA misdiagnosed the Parkinsons.

Did they ever give him a brain MRI?

"If they look at the new diagnosis will we have to go back for an appointment with QTC? " Probably
" Went to VA when we were into see PCP we told him of the new Diagnosis.. He said wow I know you had mentioned it a few times in the past. So with me mentioning that would they back date it?"

Only this way:

Did he ever ,in any past VA decision get a rating for the heart disease, but was denied for it?

If so under the Nehmer regulations he might get a very favorable EED ( early effective date ) for the IHD.

If he can prove, with a strong IMO from the real doctor ( outside Neuro) that he had long standing Parkinson symptoms without proper diagnosis and treatment from the VA diagnosis, with a full medical rationale based on all avaialable VA records, then yes, under a Section 1151 claim they can back date it, when they make a Section 1151 award and rating..

There is a lot here to your dad's situation and I hope others will chime in as well, to cover all the issues.

I primarily focused on the AO issues and the possible malpractice..

FTCA cases involve proving malpractice and hinge on the 2 year statute of limits.2 years from date the veteran was aware of the malpractce.
Section 1151 claims have no deadline for filing.

We have a FTCA and Section 1151 forum here with more info.

I am glad you requested a copy of his medical records from VA.

If malpractice or negligence occurred the records will reveal it.

Some malpractice is Prime facie.....obvious from the documented records, but most often ,finding it takes a thorough review however, by a real doctor, with expertise in these disabiities,

I am a survivor of a Vietnam Vet ( USMC Vietnam 65--66) who VA not only killed with lousy health care ( FTCA/ 1151 awards), but who also had 2 major undiagnosed conditions that contributed to his death, DMII and IHD.and I proved that as well.He was a VA employee, had consistent VA care, mainly for his PTSD, and an initial ER emergency, my first piece of evidence) revealed the beginning of the malpractice....that continued for the next 6 years until he died.

I didnt have an independent medical opinion. But I strongly suggest that your dad will need one and they can often be costly,if he claims 1151 and/or FTCA.

He might also need that opinion to include medical rationale for some of the other disabilities here,too..

As long as he has a heart condition that is considered IHD by VA, there should be no problem on the Parkinsons and IHD claims.

I asked about the MRI of brain to see if they ever ruled out Stroke.

DMII as well as ischemic heart disease can cause a myriad of serious secondarys, due to atherosclerosis causing clots that can affect the heart and the brain.

I imagine that is why he is on a blood thinner..

THANK YOU for helping him!

" My Dad was receiving VA transportation but since they say he no longer qualifies for this. With the new regulations. "

Do you have a copy of that letter?

Cripes I donated a significant amount of cash via the local VAMC years ago to help the DAV buy a new van for transports of vets.

Dont they have those DAV services anymore???????







Do you have any documentation from VA that says they cannot transport him anymore?.



.










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Sounds like to me this veteran should seek an attorney asap the sooner the better and get medical attention ASAP

Ms Berta knows what she is talking about here, this is very serious and needs prompt attention.

There are some great hadit members here that are professional's with VA Law

Dr Bash and Attorney Bob Walsh.

I believe Ms berta has there address emails and phone numbers.

I wish your Dad the very best and pray that he gets the help he needs.

..........................Buck

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I think the VA needs to be aware of the older Nam veterans, because for some of us we were ok when we got out but that old Agent Orange will sure creep up on us over the years, In my opinion All veterans that was exposed to that nasty stuff should be check periodically.

..............Buck

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      ------



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      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



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      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
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    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
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      • 18 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
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