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    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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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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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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kent101

Privacy breach through VA Choice program.

Question

My provider's name appears on the front of the letter where it can be seen by anyone. Isn't this a breach of veteran's privacy?

Edited by kent101

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kent101

this is the first time I ever heard of such a thing?

I don't know why they had your therapist name on the letter front? unless the letter came from the therapist her/him self?

 Elder and long time Hadit member Ms berta  will  possibly be able to help you on rather or not they violated your privacy or not?  I am not sure on this?

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Probably.   If you want/expect privacy, dont go to the VA, and certainly dont apply for benefits.  VA employees at all levels in multiple states read our cfile.  

VA's breach of privacy is unprecedented in the civilain world.  Example:  You go to the VA, fill a prescription, and your name is up on the tv when ready to be picked up.  So, your neighbor can go down there, read your name, and say, "gee, Joe Smith, did they fill your viagra prescription for ya?"  

In order to get VA benefits we have to sign a "release of information" that applies to hundreds of thousands of VA employees, where any one can look up your private information, including ssn.   

Quite simply, when applying for benefits or seeking va medical care, our information  is posted on vbms, available to any vamc for any reason.  

ONE of the costs of "free VA care" is that we give up any semblance of privacy.  

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Broncovet

Don't they have to put in our SS # OR SERVICE # into the computer to the VBMS to open up a file that has our records in it?  That's the only way they can access our records..we have to tell them our SS#  Or our last four..

The monitors around my VAMC to let Veterans know their prescriptions are ready only has our name  up on it not what our prescriptions are.

I don't usually get my prescriptions that way I use Myhealthvet and order online  been doing that for a long time

BTW Today is the 15th year Myhealthvet has been in effect.

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On 11/27/2018 at 4:46 PM, kent101 said:

My therapist name appears on the front of the letter

what do you mean on the front of the letter? does it come in a franked envelope and the Dr.'s name is visible next to your name and address?

or is it a letter that says something like

Dear sir, we have paid Dr.XXXXX some amount of money for your treatment.

The first would be an absurdity and probably make it undeliverable

the second is not a breach of privacy. 

A letter that comes in a sealed envelope covers 99.99% of privacy requirements. If and when you get and open the envelope the privacy concerns are in your hands. if you leave it laying around for others to see, that is on you.

An example of privacy as you are seeming to look for might be if the VA called your work and told whomever answered the phone they need to talk to you about your shrinks bill or anti-psychotic med refill. then the VA is telling a 3rd party your personal business. Another example is if they leave a detailed message on an answering machine. They have no way of knowing who might hear or have access to that message. just saying they are calling about xxx appt next Tuesday is legally permissible.

hope that clears up your concern

 

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On 11/28/2018 at 8:56 PM, GeekySquid said:

what do you mean on the front of the letter? does it come in a franked envelope and the Dr.'s name is visible next to your name and address?

or is it a letter that says something like

Dear sir, we have paid Dr.XXXXX some amount of money for your treatment.

The first would be an absurdity and probably make it undeliverable

the second is not a breach of privacy. 

A letter that comes in a sealed envelope covers 99.99% of privacy requirements. If and when you get and open the envelope the privacy concerns are in your hands. if you leave it laying around for others to see, that is on you.

An example of privacy as you are seeming to look for might be if the VA called your work and told whomever answered the phone they need to talk to you about your shrinks bill or anti-psychotic med refill. then the VA is telling a 3rd party your personal business. Another example is if they leave a detailed message on an answering machine. They have no way of knowing who might hear or have access to that message. just saying they are calling about xxx appt next Tuesday is legally permissible.

hope that clears up your concern

 

On the front in plastic area it tells provider's name.

Edited by kent101

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

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