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  • Trouble Remembering? This helped me.

    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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  • Most Common VA Disabilities Claimed for Compensation:   

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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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Tbird

Voc Rehab ILP Experiences

Question

I applied for ILP and had the contractor out to my home, unfortunately a lot of stuff they can do for me I have to wait till I get to my permanent living situation, I should only be here for about 2 years. However, they said if I can get my doctor to sign off on new reclining desk and chair than we can move forward. I've only seen this new doc once so I don't know how she will be with that. I want the reclining desk so I can keep my legs elevated due to the lymphedema, I'm on the computer for long hours and need to find a long term solution for my legs. I have to alternate between keeping my legs elevated and standing up which is a bit more challenging.

I don't feel very hopeful about getting the doc to sign off on a desk and chair, but maybe i'll be wrong.

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1 hour ago, Richard1954 said:

Tbird,

You do not need to go thru Voc rehab to get a scooter or wheelchair.. the normal procedure would be for you VA primary care doctor to refer you for evaluation at PM & RS ( Physical Medicine and Rehabilitation Services)   for a doctor's evaluation for use of a scooter or wheelchair.  If you can show you need one, it will be issued. Basically, the  doctor will question you about your disability and mobility and then determine  which mobility device will be better for you.  From there you will a see a therapist who will help you to determine which model and features you would like in  a scooter or wheelchair. 

I just went thru this a few months back ( been thru it 4 times before) to get a new power chair.  It takes just a few hours on your part and you will get that new scooter or  power wheelchair.   It doesn't matter if you are service connected for a mobility issue or not, if you need it they will give it too you. 

In Fact you can get almost anything thru your Primary VA doctors referral, like the sock donner. Also recently the VA gave me  a device that I use once a day that helps with my lymphedema.  Its basically a large sock that covers you leg, and is attached to a machine that stimulates the blood flow in your legs. Its basically a compression pump and again your primary care doctor only has to request it.  It helps me with both of my legs.

YES!!  I have a walker and then had a scooter order behind my back, refused it,  and then a few years later I now have both my service dog and a custom rigid wheelchair with a smartdrive that was added later that I can use when I need it, it is amazing and allows me to use my manual wheelchair on days that I can and days that it is too much to push or days that I am just gonna have to go too far for my shoulder to handle I can throw on the smartdrive assist and it goes up to 5.5 mph and is easy peasy!!  All of these items were requested either by my primary care doctor or my neurologist. referral was sent to physical medicine as Richard mentioned 🙂 

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they have turned me down for a scooter twice because i can still walk with a walker and they said once i get my knees replaced i'll be able to walk. i told them about the swelling in my legs (lymphedema) but they still said no so i'm not expecting i will get one this time.

i can walk short distances with my walker for longer distances like going to appointment my niece pushes me in my wheelchair. I really don't have very high hopes for anything I imagine I'll end up with some grabbers and a sock donner. Maybe a liftchair but i don't think they will sign off on a scooter and a zero gravity workstation thought i could use that the most. i'm on the computer a lot and raising my legs and taking the pressure off my lower back would help.

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Miss Tbird  It is a difficult process to be sure. But you are a fighter and you won't give up. If they don't get you what you need, keep on applying; get more assistance from your doctors. You are an inspiration to us all so we want you to keep at it. We know that you don't lose until you quit trying.

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11 hours ago, Tbird said:

they have turned me down for a scooter twice because i can still walk with a walker and they said once i get my knees replaced i'll be able to walk.

They cannot legally turn you down because you can still walk... please review the handbooks I have attached . It explains the requirement to issue a wheelchair or scooter. Even if it is denied you can complete a clinical  appeal which can go all the way to the Veteran's court if necessary.  I was first issued a scooter in 1999 due to my back injury that at times was so painful I would not leave the house at that time I could still walk but it was just painful. Even today I still have limited mobility even with dropfoot  and bad knees, but if I needed too I could still walk if I don't fall over from lack of breath,  due to COPD. Please, don't think that a denial from one person is the last word... Also,  if for some reason you lose all appeals  consider a scooter thru Medicare... I am positive any doctor in the private sector would give you a prescription for medicare to pay for the scooter. Also one last though. I still use a walker in my home and a cane to go from my house to my handicap van where  I keep my  wheelchair and use daily when I go out. The VA knows that I use the walker and a cane until I leave  my home..... they still give me a new wheelchair every 5 years... and they still pay for the adaptive equipment on my new van (@ $35,000) every two years....  I just don't get how they can turn you down, and frankly using a future knee replacement surgery to deny is not legal either.  That is like saying when you get your cochlear hearing implants you won't  need hearing aids so we won't give you hearing aids now.   Get your scooter and don't let them get away with the refusals.... best of wishes to you and praying you feel some pain relief....

( I should disclose that I have a rated dropfoot considered loss of use, but that had no bearing on getting a chair, because I can still walk with a brace , I just can't walk stairs).

 

Handbook 1173.6 Wheelchairs and Special mobility aids.pdf Handbook 1173.1 Eligibility.pdf

Edited by Richard1954
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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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