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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

HadIt.com Anniversary 24 years on Jan 20, 2021

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Shrek Take the easy way out and just call Peggy. If she is wrong so what.You might get a good direction from her. Or, you could just try the dental or vision folks at your RO and see what they say the

Shrek prior to COVID-19, once a veteran was granted 100% P & T. All s/he would have to do is to contact the VAMC Eye-Clinic or the VAMC Dental Clinic and after they confirm the veteran's rating, t

When I got P&T  I took the award letter that showed I was P&T  To the Dental Clerks at my VAMC.   if that don't work or they give you a hard time  then see the Hospital Director or his/he

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Shrek Take the easy way out and just call Peggy. If she is wrong so what.You might get a good direction from her. Or, you could just try the dental or vision folks at your RO and see what they say the process is. You might also want to explore outside the VA for some of those benefits though.

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Now that i have reached P&T how does it work for the veteran with vision and dental?  Do we go to the VA for this or how does this work?  

Shrek prior to COVID-19, once a veteran was granted 100% P & T. All s/he would have to do is to contact the VAMC Eye-Clinic or the VAMC Dental Clinic and after they confirm the veteran's rating, they would schedule the veteran for treatment. Now, I am sure you still have to contact the VAMC but they will either schedule you an appointment to come in or refer you to fee basis which will try to set you up for an appointment with a local specialist.  The local VARO has nothing to do with these types of appointments. Yes, if fee basis refers you to an outside specialist there is no cost to the veteran. Depending on how far the veteran must travel, the travel will also be reimbursed by the VAMC.

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5 hours ago, shrekthetank1 said:

Now that i have reached P&T how does it work for the veteran with vision and dental?  Do we go to the VA for this or how does this work?  

When I got P&T  I took the award letter that showed I was P&T  To the Dental Clerks at my VAMC.

  if that don't work or they give you a hard time  then see the Hospital Director or his/her Assistant

You can write a little note to the Hospital Director in those little suggestion boxes place around the Hospital tell him if the dental clinic is giving you a hard time about whatever  and put your email in the note he/she will email you back.

They do at my VAMC ANYWAYZ

I have two complaints with them (VA Dental Clinic, they scheduled the appointments like 5 to 6 months out  regardless of what you need  and they are a little BIT WILD EXTRACTION TEETH, Your VAMC may not be this booked up.

i like the dental hygienist  she is a pretty little thing about 28  and does a good job cleaning my teeth or what teeth I do have.

And gives me a 12 month prescription for those little tubes of  Colgate Previ-Dent  as to which I can't never find them in the stores😉

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    • By max87
      I got a tooth extracted. Before the extraction I saw a note of the desk — didn’t know what it meant or even if it was related to me. This was an outside dentist that the VA has assigned me to — as I can no longer get to VA dental clinic due to driving-anxiety issues. Previous VA dentist sent me message: “this dentist will take care of your comprehensive dental needs.” I’m Class IV.
      The note said: “No bone.”
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      obviously the dentist didn’t just do it for the heck of it.
      since learning all of the stuff now I realize that three other teeth that the VA pulled there was never any bone grafting. And now I know about this melting jaw and now I know about how much bone is missing and how fast it goes. If you haven’t researched the stuff you should because it happens fast.
      now perhaps the VA says all of this can be done later. Perhaps they believe that you could be missing a whole lot more bone than you are now and it can all be repaired later. Of course the problem with this is getting it done and all the time that passes trying to get something approved. There’s really no excuse for them not doing it like most dentist do and that is at the time of extraction. They still might have to do more later if you were to get implants or something like that — I’ve been told “good luck” getting implants by a VA dental tech. I’ve also been told “well you get it for free.” Which I reported to the lead dentist who said nothing about it and made no apology. The VA lead dentist also told me I should buy dental insurance through the VA — the lead dentist wrote that to me in a secured message so all of this as well documented.
      Furthermore in seeking the treatment I desperately needed for years because I realize the VA wasn’t doing it they were taking way too long to do it. And I was using all those over-the-counter pain medications for year approximately a tube day on about three or four different teeth! So what I did was I went around to a bunch of free dentist who gave you a complete work up for free x-rays and everything. I went to five dentist in one endodontist. Two of them I paid $100. The endodontist wrote a three page report and he thought I was going to be back really soon because I needed three or four route canals badly.
      The VA assigned me to an outside dentist to get some of the stuff done finally after I twisted their arm With my reports. I went and saw their first outside guy and he did a complete work up of course I didn’t say very much because you know, it’s a dental exam! about a week after that I saw the plan he worked up and he had one root canal in it. So I sent him an email asking listen I need about three root canal‘s really quickly and I can’t wait months for the VA to approve your entire plan. And also, you only had one root canal in your plan, why was that when I need at least four?
      this dentist wrote me back a letter saying he would not comment on what these other dentist had told me and that he would have the endodontist when he sent me to the endodontist look at those other reported teeth. And then he went on to say in his letter that if I had been seeing all these other dentist for the last few years that this indeed was, and I quote, “neglect.“
      I wrote back thank you very much your number six I haven’t been seeing any deaths except the VA for the last 10 years. I went and got these letters and examinations to get the VA to act.
      I think with a lot of people including the damn doctors at the VA don’t realize is that all this time that goes by your body is deteriorating your losing bone and losing it fast.
       
      I’m writing this post to talk about that dental stuff. I don’t know what to do about this dentist I could pay $350 for the bone the dentist said was unethical not to put in. The dentist is not gonna even try to build the VA for it. I guess because they feel like they won’t get it because it was an authorized in the first place. No I can’t really ask the dentist to go through that billing the VA and being refused because they probably don’t want to get involved. But if they did do that and the VA refused and then I paid then perhaps I could try to get it back from the VA my case would be stronger for that particular Money. Or maybe it would be the same strength.
       
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      I had no idea about all of the stuff and how fast these deterioration‘s and bone loss could occur and what could happen to your face until afterwards. Years afterwards.
      I see I have other instances. For example my clinic got a new PCP to take the place of mine of 15 years. My first experience was that I went to the hospital overnight we don’t know why but if that time they discovered an aortic aneurysm. later I was sent to some imaging place six months later and I suppose it was to get another look at that. And as I learned about those things I found out that they monitor the size and the growth rate. When I got the report from my PCP it said I had an AAA and that an AAA ultrasound would be given again in a year to monitor it for size. I looked up AAA, it said abdominal aortic aneurysm. I also looked up how you monitor these things. I found out that for abdominal aneurysms you use the ultrasound. I also found out that there’s thoracic aneurysm’s and for that they use CT scans due to the chest cavity. OK so I learned about aneurysms.
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      he said that the previous psychiatrist who told me that stuff was no longer working at “our clinic.“ I hadn’t wanted to go anywhere near my clinic for any medical item for fear I would even see the guy. he didn’t last there very long, a former captain in the army, and so I called my clinic to make an appointment with the other psychiatrist. Of course now I need really needed one. When I called to make the appointment I asked if the previous guy was still there. They said oh yes he still here. I am mediately called the lead dentist who never return my call I left several messages with the secretary saying why did you tell me the guy was gone when he’s not?
      I think I should sue the VA. I have all of this documented in messages and a lot of them I printed out I’ve been through a lot more than this with the VA. My compensation claim or the main body of it shall we say was just decided this past summer, I filed it in 1998. I have all the documents I have everything. to be clear, that date just for the whole case to finish. I’ve been receiving VA dental since 2014. 
      I have been deemed P&T since 1998.
    • By Willypete
      Hi, new member here, longterm lurker.
      I'm seeking advice on moving forward with my claim regarding loss of peripheral vision (code 6080), TDIU as a result. Specifically, I'm wondering if I should file the supplemental reopen to include EED, SC, and the TDIU?  Here's the timeline:
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    • By Wendy Ramirez
      Has anyone won a pigment dispersion or macular degeneration case that can assist me in filing an appeal?
      I was just denied for this claim on 10/26/19.  I do not have any new records to provide. I am waiting to pick up my C&P exam. I provided 3 years of STRs for these conditions, 5 years of DOD dependent military treatment records, 15 years of post service treatment records, a buddy statement, a nexus letter and a DBQ. The only thing that was listed at MEPS entrance exam in 1994 was vision defect correct with glasses. The first year of service in 1995, second year in 1996 did not show any of these conditions. It wasn't until 1997 while deployed to Bosnia that I started having occasional double vision, photo-sensitivity, frequent dry eyes, tearing, spikes, halos, floaters and night vision issues. When I returned to Germany, I had an eye exam where I was diagnosed with pigment dispersion syndrome, bilateral acute iris transillumination, grade 2 Krukenberg's spindles, macular disease and cystoid macular edema. I was followed every month for progression, then every 6-mo, then to every  year where I also received new glasses or contacts.
      Since the denial (below) states that my conditions are congenital defects, am I wrong to think that these conditions should have been detected pre-enlistment, at enlistment and at every yearly eye exam up until 1997?  Then, there would be reason to believe that the issues would have progressed or appeared to finally be seen on an eye exam 3 years later, while in service. It is my understanding from reading the CFRs that if it is a "defect" then there would be no changes or progression of issues/symptoms, therefore no compensation. If it is a disease, there would be progression or symptoms and can be compensated. If the disease was found during military service, then it can be compensated.  
      Here are the details from my denial letter:
      1) Service connection for bilateral eye condition is denied (claimed as pigment dispersion syndrome, bilateral acute iris transillumination, grade 2 Krukenberg's spindles, retinal condition to include scars, atrophy and irregularities, vision problem and macular disease
      The current claim for bilateral eye condition and conditions identified as pigment dispersion syndrome, bilateral acute iris transillumination, grade 2 krukenburg's spindles, retinal condition to include scar, atrophy and irregularities, vision problem, and macular disease are considered congenital or developmental defects which are unrelated to military service and not subject to service connection. (38 CFR 3.303, CFR 4.9)
      Your conditions are considered congenital or developmental defects, which are unrelated to military service and are not aggravated by it. Additionally refractive errors are due to anomalies in the shape and conformation of the eye structures, and generally of congenital or developmental origin. Defects of form of structure of the eye that are congenital or developmental origin may not be considered disabilities or service connected on the basis of incurrence or aggravation beyond natural progress during service. The fact that a Veteran was supplied with glasses for correcting refractive errors (such as astigmatism, myopia, hyperopia and presbyopia) is not, in itself considered indicative of aggravation by service that would warrant compensation (38 CFR 3.303, 38 CFR 4.9).
      Therefore, service connection is denied.
      Favorable findings identified in this decision:
      Findings of pigment dispersion syndrome, macular disease, and cystoid macular edema are noted in service treatment records.
      Your private treatment records and VA examination show treatment and diagnosis of pigment dispersion syndrome, dry macular degeneration, lattice degeneration and esophoria.
      Your service treatment records show findings of pigment dispersion syndrome, macular disease and cystoid macular edema and treatment for conjunctivitis.
      2) Service connection for glaucoma, bilateral is denied
      They fail to mention that these conditions were also found in my STRs (not all issues claimed and in records are congenital):
      bilateral acute iris transillumination, congenital opacities, grade 2 Krukenberg's spindles (which progressed to grade 3+ in records) , eye strain, problems with peripheral vision, headaches, blurred vision, drusen,  macular DISEASE, peri-macular pigmentary DISEASE, pigmentary keratitis, macular retinal pigment epithelium (RPE) etiology unknown, macular mottling, congenital cataracts and their "diagnosis" of conjunctivitis that was actually diagnosed later on by a civilian as lagophthalmos.
      What should I provide in my appeal? Can I provide court cases where the claim for the conditions were won?
      Service connection is available for congenital diseases, but not defects, that are aggravated in service.  Quirin v. Shinseki, 22 Vet. App. 390, 394 (2009); Monroe v. Brown, 4 Vet. App. 513, 515 (1993).  In cases where the appellant seeks service connection for a congenital condition, the Board must indicate whether the condition is a disease or defect and discuss the presumption of soundness.  Quirin, 22 Vet. App. at 394-97.  It follows that in such cases where a congenital condition is at issue, a VA medical opinion may be needed to determine whether the condition is a disease or defect, whether the presumption of soundness has been rebutted, and if so whether there was aggravation during service.  Id. at 395
      In this regard, the presumption of soundness does not apply to congenital defects because such defects "are not diseases or injuries" within the meaning of 38 U.S.C.A. §§ 1110 and 1111.  See 38 C.F.R. § 3.303(c); see also Quirin at 390 (holding that the presumption of soundness does not apply to congenital defects); Winn v. Brown, 8 Vet. App. 510, 516 (1996) (holding that a non-disease or non-injury entity such as a congenital defect is "not the type of disease- or injury-related defect to which the presumption of soundness can apply").
      For purposes of determining whether a disorder is a congenital defect or a familiar disease, VA interprets the term "disease" in 38 U.S.C. §§ 310, 331, and the term "defects" in 38 C.F.R. § 3.303(c), as being mutually exclusive.  "Disease" is broadly defined as any deviation from or interruption of the normal structure or function of any part, organ, or system of the body that is manifested by a characteristic set of symptoms and signs and whose etiology, pathology, and prognosis may be known or unknown.  See VAOPGCPREC 82-90 (citing DORLAND'S ILLUSTRATED MEDICAL DICTIONARY 385 (26th Ed. 1974)).  On the other hand, the term "defect," viewed in the context of 38 C.F.R. § 3.303(c), is defined as a structural or inherent abnormality or conditions which are more or less stationary in nature.  As noted in VAOPGCPREC 82-90, a Federal court, in drawing a distinction between "disease" and "defect," indicated that disease referred to a condition considered capable of improving or deteriorating, whereas defect referred to a condition not considered capable of improving or deteriorating.  See Durham v. United States, 214 F.2d 862, 875 (D.C. Cir. 1954); see also United States v. Shorter, 343 A.2d 569, 572 (D.C. 1975).
      If it is determined during service that a veteran suffers from a congenital disease, as opposed to a defect, VA cannot simply assume that, because of its congenital nature, the disease must have preexisted service.  That is, the presumption of soundness still applies to congenital diseases that are not noted at entry.  Quirin at 396-97.  VA must then show by clear and unmistakable evidence that the congenital disease preexisted service and was not aggravated thereby in order to rebut the presumption of soundness.  Monroe v. Brown, 4 Vet. App. 513, 515 (1993).  VA may not rely on a regulation as a substitute for the requirement that it rely on independent medical evidence.  Colvin v. Derwinski, 1 Vet. App. 171, 175 (1991).  VA's Office of General Counsel has also confirmed that the existence of a congenital hereditary disease under 38 C.F.R. § 3.303(c) does not always rebut the presumption of soundness, and that service connection may be granted for congenital hereditary diseases which either first manifest themselves during service or which preexist service and progressed at an abnormally high rate during service.  See VAOPGCPREC 67-90.
      ===============
      The C&P Director referred to General Counsel Opinion (OGC 82- 90) dated on July 18, 1990, which held that service connection may be granted for diseases of congenital, developmental, or familial origin provided that the evidence as a whole establishes that the condition was incurred in or aggravated during service.
      =============== Service connection may be granted for disability resulting  from disease or injury incurred in or aggravated by service.   38 U.S.C.A. §§ 1110, 1131; 38 C.F.R. § 3.303.  Service  connection may be granted for any disease diagnosed after  discharge from service when all the evidence, including that  pertinent to service, establishes that the disease was  incurred in service.  38 C.F.R. § 3.303(d). ===============
      The veteran’s pigmentary dispersion syndrome with pigmentary 
      glaucoma is currently rated as 10 percent disabling, the 
      minimum rating allowed under 38 U.S.C.A. § 4.84a, Diagnostic 
      Code 6013 (for simple, primary, noncongestive glaucoma).  
      Under this provision, the disability may be given a higher 
      rating based on impairment due to related loss of visual 
      acuity (Diagnostic Codes 6061-6079) or related field loss 
      (Diagnostic Code 6080). 
      =====================
      A bilateral eye disorder, diagnosed as pigment dispersion 
      syndrome, was incurred by veteran during active military 
      service, and service connection for the manifestations of 
      that condition, to include increased intraocular pressure, is 
      warranted.  38 U.S.C.A. § 1110 (West 1991); 38 C.F.R. 
      §§ 3.303, 4.9 (1996).
      ===================
      Any help is greatly appreciated.
    • By Bigkevo44
      I am so grateful for all the assistance and helpful advice that I have received from the many caring people on this site. Approximately a year ago, I was finally awarded TDIU (IU) through the VA after a long six year battle. As a result I am entitled to all the "bells and whistles," it provides. Fast forward to May 17th of 2017, when I was scheduled to receive my much needed dental implants. I went in for the procedure and met a young dental intern "doctor" who looked to be around 23 years of age. In spite of my nervousness, I allowed her to proceed with the surgery. These medical students typically work at the VA for one year or so for the experience, then leave to jockey for real jobs in the medical field. After the surgery was over, I discovered that it would take approximately six months for the appliance to adhere to my jawbone prior to them installing the caps. The "doctor" informed me that she would not be around in six months and that the next intern would install the two caps.
      It wasn't until approximately July or so that I was informed by the new intern that my implant on the right side had been put in improperly and as a result would leave a gaping space between my teeth. She determined this from the x-rays. Just as predicted, this past November 2017, I was called in to have the appliances installed just to discover the new intern was right. When asked what could be done to correct the situation, I was told that nothing could be done. As a result of the placement of the implant, I now experience discomfort and the inconvenience of having to remove food deposits from between the one implanted molar and my real tooth. I am so distressed about this situation. I may have been better off leaving well enough alone. I guess everything that is free isn't really free, huh?
      What if anything can I do about this situation. Please advise.
       
      Thanks
    • By Navy4life
      I am S/C for my Eating Disorder.....I have numerous fainting spells documented which is what helped get me S/C for Anorexia Nervosa....

      In November 2014 I passed out and was rushed to the VA hospital. I damaged both front teeth due to my eating disorder. I was treated for other issues while at the ER and released. I had two consults to the VA dental denied due to no S/C for my teeth.

      I had to get over $4,500 in dental work done on the outside. I had both my dentist and specialist dentist fill out DBQ's and I submitted them along with all receipts and I did an FDC. I filled out everything needed and submitted in Feb 2015...

      QUESTION...Can you get your teeth S/C(secondary) if you already have a S/C disability (Anorexia Nervosa) that attributed to the secondary issue?

      I noticed on the VA site for FDC claim's it states:
      Who Can File an FDC? Veterans may file an FDC for disability compensation for the following reasons:
      An injury, disability, or condition believed to have occurred or been aggravated by military service. A condition caused or aggravated by an existing service-related condition.
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    • 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)
      • 41 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!
      • 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,
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