Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    142%
    $2,133.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • 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

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • 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

Carotid Artery Disease and 38CFR Part 4


Question

Today I claimed Carotid Artery Disease wherein my left Carotid Artery is 100% occlusion (Blocked) and it is listed in my VA records Problem Items and my recent Carotid Artery Disease Report recently in VA Notes of 27 July, 2017.  It states in that report that I had Neck Radiotherapy due to Larynx Cancer.  I have looked at the 38CFR4 and found Cardiovascular and the conditions underneath it, but can't find the disease in there.  Does Anyone know what it falls under and what the code would be for rating it?

Link to post
Share on other sites
  • Answers 14
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0
  • Moderator

Ok.  I dont recommend applying for benefits that wont potentially result in additional compensation.  To me, that is like going shopping for a car when you have no ability or need to buy a car, just to give you something to do.  If you need something to occupy your time with, then I would humbly suggest something more productive...visiting grandchildren, reconnecting with old friends, reading or writing a book, playing chess or even going fishing.  

It would appear to serve no purpose except perhaps to "ease your fear" of a reduction, and I doubt it will really accomplish that either.  Why, well of course its possible for VA to reduce both of your disabilities, not just one.    If I have mischaracterized or misread you to be a "worrier", then please accept my apologies in advance.  Its pure speculation on my part..you may have other reasons for wanting to increase your rating, even tho I can quite understand why else you would do so right now.  

My experience with "worriers"  is that when one worry is taken care of, they replace that worry with another one.    

If you do fear a reduction and are giving your self "breathing room" by getting more disabilities rated, then I suggest you read up on reductions, as knowledge is empowering.  

Link to post
Share on other sites
  • 0

I'm sure you mean well Broncovet in your own way.....God Bless you Buddy:biggrin:  It amazes me how you come up with this stuff.  As I have stated my ratings will not be increased, I am P&T with SMC-S and it goes back past 10 years and I still have issues with my throat and vocal chords so no chance of any reduction......Why you don't get it that service connected disabilities should be documented as service connected is beyond my understanding.  Ever heard of Hearing Loss being service connected with 0% compensation? There are hundreds of thousands of vets that have that.  Or Sleep Apnea service connected with 0% compensation?  There are lost of service connected disabilities that are 0% compensation and the vets get hearing aids, CPAP machines, etc at no cost.

Link to post
Share on other sites
  • 0
  • Moderator

Yes, Im an "expert" at 0 percent ratings..I was rated zero percent for hearing loss after a lengthy appeal and win at BVA.  Since I have "been there, done that", I wouldnt go through that again for what Alex succintly refers to as an "empty lollipop stick".  I took the money from my zero percent hearing loss rating and sent a check to my bank for the full amount, $0.00 each month, and they were not impressed and took my home away.  I can not even imagine why anyone would want to go through all that for hearing aids..(which I already got from VA even before the zero percent rating).  

If you want to go through all that stress for no additional compensation, by all means feel free to do so, so there is "documentation".  I have had VA's "documentation requirements" up to here (points to my neck) for the past 15 years when I first applied in 2002.  I would rather put my right hand in a meat grinder than to deal with VA's hamster wheel again for zero compensation.    I really dont care about dotting the i's and crossing the t's for VA except to the extent of the benefits provided.  You and I are already at the max, and absent an EED or SMC's, I have "zero" interest in documenting any additional disabiilites that are not "productive", that is, where I can actually see the benefits.  

For me, I would much rather Va work claims on Vets who ARE due compensation, and I dont even like my paperwork in there, if I feel like Im taking the place of a more deserving Vet.  That is, there are only so many people to work  claims and if they are working mine just to put a feather in my cap, then I will gladly surrender my "documentation of an additional disability" for that.  

A few years ago, when Va awarded me 100 percent, they adjuticated TDIU as "moot".  I appealed this, because   I alleged IU was "not moot" because it meant a) I could get an EED and b) I could get SMC S via Bradley vs Peake.  Other than those things, I agreed that an award of TDIU would be moot for a 100 percent Vet.  The board agreed with me, that there WAS additonal compensation potential because of IU, but if there were no additional benefits they would have said it was "moot".  

Im not trying to be a pain, here..you dont have to take my advice.  Im just saying I would not jump through all VA hoops for a zero percent rating or at least some potential compensation for my self or my family, with the family being more important.    I could care less about the additional "documented" disability.  

Link to post
Share on other sites
  • 0
  • Patron

Rocky,

I believe you asked a question and it was answered.  There is no code.  You can take the advice or leave it.  That said, go for it, if you have the time and energy.  The only thing that eludes me is your end game.  100% permanent etc., and no need for DIC condition.  I do have about 6 conditions rated 0% which could be increased in the future, but can contribute to DIC and I am married.  And I am currently rated 80%.  So room to improve.

I did ask for, and followed broncovet's advice on my last claims and it paid off.  I was prescribed a left ankle brace for left ankle pain related to my service connected right foot plantar fasciitis.  I claimed left foot problem.  I was denied left ankle (because it was stable?), but was service connected for left achiles tendonitis.  They also shot a picture of my right foot-ankle for comparison and made comment with opine "greater than 50" connected for right ankle arthritis.  Which I will be claiming soon.  I believe if I would have claim left ankle pain, it would have been denied and the other issues would not have been found or discussed.  I required them to look at a lot more by saying left foot problem instead of left ankle pain.  I did tell the examiner, everything that ailed me related to my left foot which probably generated the comparison x-rays etc.

Again, if you think it is owed to you and you deserve it, go for it, 

And good luck,

Hamslice

 

 

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      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%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      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.  
    • 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!
        • Like
      • 13 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,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines