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14 Questions about VA Disability Compensation Benefits Claims
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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Most Common VA Disabilities Claimed for Compensation:
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Can a 100 percent Disabled Veteran Work and Earn an Income?
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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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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By jamescripps2
I have service connected Chloracne, Diabetes II, and heart disease. In Dec, 2019 I was prescribed by the VA to take 25 mg per day of the relatively new drug Jardiance. My cardiologist said that it would help with my Diabetes as well as the heart disease. I then started complaining of huge boils coming up in my right and then left inner groin. After many dermatology and emergency room visits, no diagnosis or treatment, other than a look see and another bottle of antibiotics.antibiotics.
On July 1, 2020, things got a lot worse, so another trip to the ER and another bottle of ills. The pain was so great that I took some very strong opioids and slept away a day and a half. On July 3rd I once again returned to the ER. I have no memory of opening the ER door or seeing anyone. I woke up weeks later in the VA SCIU with really bad pain. I didn't know why I was there or what had happened to me. I deduced that I must have been involved in a really awful car crash, perhaps someone was killed! Was it my wife, or maybe my grandchildren! With the covid 19 restrictions in place, no visitors. I asked everyone attending me but I got no answers.
Some time weeks later my cardiologist appeared at my bedside and told me that I had to have emergency surgery for Fournier's Gangrene, a flesh eating bacteria that was caused by a perfect storm, created by the Cloracne, the Diabetes, and the medication, Jordiance. I had lost my private parts, including from three inches above my navel in the front to include my anus in the back. I have huge skin graft sites in my upper legs. the grafts were used to reconstruct from my buttocks to my navel and everything in between. I was given a 4.74% chance to survive the operation. At this time ,I am close to two months out, where I was given a 17.11 % chance of survival of 180 days.
There were only 19 cases of Fourniers Gangrene in 35 years, that is until they started prescribing Jardiance, now the FDA has identified 55 new cases.
The drug goes by several names such as Jordiance, Emphgliflozin, Canagliflozin, and Dapagliflozin, Dapagliflozin is better better known as Farxiga.
For a more complete story on my experience with the drug listen to the September 17th podcast in Exposed Vets. There will probably be a follow up broadcast later on this year, If I can survive the 180 day period, which is up December 3rd. And yes, I am making plans for the future.
All I can say at this point is, If you have heart disease and/or diabetes check your medications! especially if you also have chloracne or another skin disease. Inform family and friends. The next time a tv commercial on such drugs Jordiance comes on, listen to the known side effects that are also listed.
Merry Christmas, and Happy new year!
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By Berta
https://www.nvlsp.org/news-and-events/press-releases/nvlsp-seeks-retroactive-benefits-for-blue-water-vietnam-veterans
In part:
Released 7/13/20
"NVLSP Seeks Class Action Order Requiring VA to Automatically Redecide Thousands of Benefit Claims Denials for Agent Orange-Related Diseases Filed by Vietnam Veterans Who Served in the Territorial Sea of Vietnam
--- More than $4.6 billion in retroactive compensation has been paid to Vietnam veterans who set foot on land but nothing to Blue Water Vietnam Veterans--
WASHINGTON – In an effort to secure retroactive benefits for thousands of so-called Blue Water Vietnam veterans, on July 10, 2020, the National Veterans Legal Services Program (NVLSP) filed a motion for enforcement of the 29-Year Old Class Action Consent Decree in Nehmer v. United States Veterans Administration in the U.S. District Court for the Northern District of California. The motion was filed with the pro bono assistance of Paul Hastings LLP.
The 1991 Consent Decree applies to a class consisting of hundreds of thousands of Vietnam veterans and their survivors who applied to the VA for service connected disability and death benefits due to exposure to Agent Orange, the toxic herbicide used by the U.S. government during the Vietnam War. That Decree required the VA to pay retroactive benefits to members of the class whenever, during the period from 1991 to 2015, the VA recognized an additional disease is associated with exposure to Agent Orange.
Since 2002, the VA paid under the terms of the Consent Decree more than $4.6 billion in retroactive benefits to Vietnam veterans and their survivors if the veteran set foot on the land mass of Vietnam—but absolutely no benefits to Vietnam veterans who served on ships in the territorial sea of the Republic of Vietnam. The VA’s policy was that these “Blue Water” Vietnam veterans were not covered by the language of the Agent Orange Act of 1991, which provided that veterans who “served in the Republic of Vietnam” during the Vietnam era “shall be presumed to have been exposed during such service” to Agent Orange. But in 2019, in Procopio v. Wilkie, the U.S. Court of Appeals for the Federal Circuit rejected VA’s interpretation of that language and ruled that Congress intended that all Vietnam veterans who served on ships in the territorial sea of Vietnam—within 12 nautical miles of the coast—be entitled to the presumption of exposure.
NVLSP’s enforcement motion seeks injunctive relief requiring the VA to redecide the thousands of prior decisions that denied retroactive benefits under the Nehmer Consent Decree due to the VA policy rejected in Procopio v. Wilkie.
“The VA’s refusal to correct the wrong it has perpetrated since 2002 means that Blue Water Vietnam veterans and their survivors will continue to be deprived of the benefits to which they are entitled under the Consent Decree. Some of these veterans have already waited far too long for their country to do right by them. For many of these veterans and their survivors, the overdue compensation could be life-changing,” said National Veterans Legal Services Program Executive Director Bart Stichman.
This is the fourth time that NVLSP has filed a motion for enforcement to obtain compliance with the 1991 Consent Decree. The District Court granted all three prior enforcement motions. As a result of these successful enforcement actions, NVLSP identified and the VA paid more than 5,100 Vietnam veterans and their survivors an aggregate of over $91 million in retroactive benefits.
The Blue Water Navy Vietnam Veterans Act of 2019 (BWN Act) codified the presumption of herbicide exposure for Blue Water Vietnam veterans. However, the BWN Act does not automatically require the VA to assess if any Blue Water Vietnam veteran or survivor is eligible for retroactive compensation. The BWN Act requirement to pay retroactive compensation is triggered only if a Blue Water Vietnam veteran affirmatively files a claim after January 1, 2020 and the veteran specifically identifies the Agent-Orange related disease that was the subject of the earlier claim.
The BWN Act does not completely correspond to the Nehmer Consent Decree. Some Blue Water Vietnam veterans and their survivors may be eligible for retroactive compensation under the Consent Decree but not eligible under the BWN Act and vice versa. As a result, the House Report on the BWN Act states that “Nothing in [the BWN Act] intends to limit the rights of Nehmer class members who seek relief for benefits under the Nehmer Consent Decree.”
The article goes on to state the history of Nehmer. I certainly hope and pray that NVLSP is again successful in their motion to force compliance from the VA with the Nehmer Court Order.
This is another utter disgrace that Blue Water Navy veterans have to put up with, until VA is forced ,legally, to do the Right thing.
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By Berta
This is the first time VVMF has honored this day as Agent Orange Awareness Day.
If you are a Gold Star Wife or Gold Star Husband, check your email for their announcement on this day. My husband's photo above is on line with info on others who are honored in a special plaque on the Wall.
I found it on line today at the VVMF site,and it still hurts to know he is gone. He was an altar boy in Middleton,NJ and the rest of the photo shows him with his mother, in front of their house , and was taken one week before he left for USMC. 1964. His hair had began to turn white after he his discharge from USMC , 1968.
While their names are not on The Wall, they are never forgotten. On the Vietnam Veterans Memorial site in Washington, D.C., a special plaque reads: “In Memory of the men and women who served in the Vietnam War and later died as a result of their service. We honor and remember their sacrifice.” Click to learn about the In Memory program.
https://www.vvmf.org/In-Memory-Program/
In Memory was created in 1993 by the group – Friends of the Vietnam Veterans Memorial. VVMF began managing the program and hosting the ceremony in 1999. More than 4,700 veterans have been added to the In Memory Honor Roll since the program began. To see all the honorees, please visit the In Memory Honor Roll.
https://www.vvmf.org/In-Memory-Program/
The relationship of the VVMF to the Wall is here:
https://www.vvmf.org/About-The-Wall/ It is an overwhelming site. I was there the day after the dedication and the Mall in DC was still filled with thousands of Vietnam veterans , and their families at the Wall .
A tracing from the Wall can be used for a PTSD claim, if one of your stressors was seeing a unit buddy killed in Vietnam.
And dont miss the Moving Wall either- https://www.truckload.org/news/transport-the-wall-that-heals-in-2020/
But I believe their schedule has been affected by the Covid Virus- but Maybe not-------
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By Berta
https://www.military.com/daily-news/2020/07/22/senate-approves-new-agent-orange-presumptive-diseases-tees-house-showdown.html
It has to go to the House. They eliminated AO HBP which has the strongest association to AO per the 2-016 NAP report.
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By Max Rommel
I recently reported here that my AO claim for Prostate Cancer was approved, with a 100% rating. While I'm grateful for the award I have a question about the disability start date. I filed the claim online and submitted my evidence on May 21st. The VA has always acknowledged the filing date as May 21st. But when I received the decision letter it said the start date was June 1st, not May 21st. Is the VA correct? Are my disability payments effective on June 1st even though I filed my claim on May 21st? Thanks again everyone for your replies and expertise.
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Post in New BVA Grants
broncovet posted an answer to a question,
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.
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
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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Joey Ross posted an answer to a question,
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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Latest Compensation & Pension (C&P) Clinicians Guide as of 2020
marathonjon posted a question in Veterans Compensation & Pension Exams,
This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.
VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf-
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I don’t say thank you enough to all of you...
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.
Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.
You all made that possible. Thank you.-
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Daughter with Chloracne 2
My father served in Vietnam 1969-1975, he was exposed to Agent Orange when it was sprayed to knock the jungle down-he reported the outbreak of Chloracne to the doctors at the VA, he got it on his back-most of his back. He had my first older sister who got it on her face, back and arms. My second oldest sister only got it on her chin. My identical twin and I got it really BAD, we had it on our face, backs, necks, chests, behind our ears, sometimes in our groin too-we had to take a 9 month course of Accutane back in 1994-1995. It cleared until we had our kids, mine came back with a vengeance so bad I had to get back on Accutane (generic version) just a few years ago, on for 6 months-off for 2, back on for 6 months. I have been sickly most of my life. My bones have always hurt, but it is much worse now, began getting really bad when I was 30, I have lesions in my brain, degenerating disc disease, peripheral neuropathy, arthritis all over my body, and many other issues-my daughter was born with a premature fusion in her skull and had to have skull surgery to save her life-is there help for kids of vets or grandkids? My father was denied by the VA back in the 80s when he attempted to get help, it wasn't as bad for him as it's been for me and my twin-I'm terrified my kids are going to get this terrible skin condition, for years between the ages of 12-15 I prayed every night I would die in my sleep-the sores on our backs were EXCRUCIATING, I have pictures of then and pictures of now-no dermatologist has seen anything like it. The Accutane has given me it's own side effects, it has encouraged the extreme pain all over my body to hurt more, my joints to ache sharper, my eyes hurt so much...please please say there is help for us-if not, please tell me how to set it up so we can get help. Daddy is in his 70s now, he won't live forever, he deserves the benefits so many others deserve and have NOT gotten, I am trying to help him, and we are also paying for is exposure to this toxic chemical, I cannot believe how forgotten our veterans are about this, I have suffered over 25 years because of that extreme acne...any tips or advice would be much appreciated. I pray this isn't a repeat, but if it is, I do apologize. Thank you for letting me be part of your community, I think what you're doing to help each other is so very awesome. God Bless.
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Daughter with Chloracne
My father served in Vietnam 1969-1975, he was exposed to Agent Orange when it was sprayed to knock the jungle down-he reported the outbreak of Chloracne to the doctors at the VA, he got it on his back
shrekthetank1
First off I am so sorry you and your siblings have suffered so much. https://www.propublica.org/article/the-children-of-agent-orange Here is a good article about what you are talking about.
shrekthetank1
https://www.publichealth.va.gov/exposures/agentorange/benefits/children-birth-defects.asp Found one sorry about to leave work.
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