paulstrgn Posted July 15, 2019 Share Posted July 15, 2019 Now that I have been approved for SA how do I get the VA to buy my supplies and replace my CPAP from time to time? Do I go to the VA hospital to do this? If so, do I need to worry about the VA trying to say my SA is getting better and try to reduce me? I have never had the VA give me anything (meds, supplies, etc) before. I get all my meds through the military since I am retired. Thanks for your responses. Link to comment Share on other sites More sharing options...
0 GeekySquid Posted July 16, 2019 Share Posted July 16, 2019 5 minutes ago, GBArmy said: Can they deny for the new disability because his med records showed he contributed to his new disability? I know of no regulation that allows a denial for contributory negligence for a rated SC. In fact U.S. law prevents government mandating of taking any medical treatment without a court order. So a violent guy with a diagnosed condition cannot be forcibly medicated unless a judge says so and then only for the purposes of a hearing where he is compos mentis. Once he reaches that state a hearing can be held and he can participate. Once it is done the order for treatment goes away or he gets legally declared incompetent and if violent sent to the rubber room. The one variant comes with Chemical Castration for sex offenders. That has been declared a legal punishment by SCOTUS and can be mandated past incarceration. it is legally not the same as mandating medical treatment for a diagnosed disability. Link to comment Share on other sites More sharing options...
0 paulstrgn Posted July 16, 2019 Author Share Posted July 16, 2019 3 minutes ago, GeekySquid said: the whole attempt to reduce you for those just seems bizarre to me. It really is bizarre. I asked why are they waiting to make a decision on the proposal, for it really should not matter. If the reason is so I will stay at 100% then close it out and leave it as is. No matter what they do I will still appeal the decision (unless they raise them) because it should be higher than it is. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder GBArmy Posted July 16, 2019 HadIt.com Elder Share Posted July 16, 2019 I believe that if you were rated at 10% then bumped up to 20%, the VA can't reduce your rating any lower than the original 10%. if you lose. Link to comment Share on other sites More sharing options...
0 paulstrgn Posted July 16, 2019 Author Share Posted July 16, 2019 GB the proposal is for the femoral nerves which started out at 20%, I have four different nerve issues with my legs that I am rated on. They are only looking at the two femoral nerve issues. Now I have also raised the issue if they were listed as "Static" and I am 61 and never asked for any type of increase for them, how did this issue come up. As I told them the original doctor never looked at my legs. Link to comment Share on other sites More sharing options...
0 GeekySquid Posted July 16, 2019 Share Posted July 16, 2019 11 minutes ago, paulstrgn said: because it should be higher than it is. based on what I remember from our chats on here you should be SMC(s) eligible if your rating for SA is 50% or higher. That would mean they are attempting to reduce your compensation and that is a BOZO NO NO 11 minutes ago, GBArmy said: he VA can't reduce your rating any lower than the original 10% that is only if his rating is protected. In his case it probably is, but that should not be held true of all cases. GBArmy 1 Link to comment Share on other sites More sharing options...
0 GeekySquid Posted July 16, 2019 Share Posted July 16, 2019 7 minutes ago, paulstrgn said: how did this issue come up. sadly the answer is "because"... and nothing more substantive. paulstrgn 1 Link to comment Share on other sites More sharing options...
Question
paulstrgn
Now that I have been approved for SA how do I get the VA to buy my supplies and replace my CPAP from time to time?
Do I go to the VA hospital to do this? If so, do I need to worry about the VA trying to say my SA is getting better and try to reduce me?
I have never had the VA give me anything (meds, supplies, etc) before. I get all my meds through the military since I am retired.
Thanks for your responses.
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GBArmy
Paul This is just a guess, but I would certainly say there would be some (negative) reaction if the chip/records showed you didn't use it regularly. Can the VA take away or reduce your disability
GeekySquid
your question relies on the word "use". If you are granted a rating based on medically needing something you have reached the criteria. It is not legal for any government agency to demand yo
paulstrgn
GB that is a good question, but it would be the same if you did not eat right. I think it could be SC even though you are not taking care of yourself. JMO
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