Proposed Disabiltiy Rating

[Viet Vet]

I am new here - excuse me - I am asking about if this it the wayVA does this - since I never have seen tbis before on this site - I have larnxy cancer AO presumed and 100% granted - now I will be reduced to 20% - dysphagia secondary 10% - and hoaseness 10% - primary, I suppose - I have the time still to NOD this - but do not know if I should - I feel I have xerostomia -severe dry mouth - but dont find that condition listed - should I challenge this or accept the C&P exam for now ? Later to have examination? Thanks

[Cavman]

I am new here - excuse me - I am asking about if this it the wayVA does this - since I never have seen tbis before on this site - I have larnxy cancer AO presumed and 100% granted - now I will be reduced to 20% - dysphagia secondary 10% - and hoaseness 10% - primary, I suppose - I have the time still to NOD this - but do not know if I should - I feel I have xerostomia -severe dry mouth - but dont find that condition listed - should I challenge this or accept the C&P exam for now ? Later to have examination? Thanks

My cancer is throat(tonsil/lymphnode) so maybe I can help a little. I was denied AO because mine isn`t on the presumed list. Your cancer is in a similar area so I think we took very similar intense radiation. I took chemo also, did you? I`m guessing you have the same damage as me caused by the radiation. (1) Are your saliva glands destroyed (burned up) for life? Did your taste buds get burned up? I lost all taste and it won`t ever come back. That in it self is a devastating loss. Being your cancer is on the presumed list and if you have these problems, they would be excellent secondary claims caused by AO. If you took the intense radiation, it means if your cancer comes back, you cannot take radiation again. (A huge mental depression/anxiety problem) secondary to AO. If you have what I suspect is around a 30% chance of surviving 5 years, a huge depression/anxiety worry secondary to AO, not to mention neck damage, loss of strength etc. Your doctor will have no reason for not verifying any of this.

Cavman

[Viet Vet]

Thanks Cavman - I have seen ur post many time - U r good guy in mind - I just wish u always the best -from my post u know I got the presumed - so it from the VA list - I know u should also have had it - but they deny- its unfair for sure - wish it were not so - I ask myself - of couirse ur tousils were affected - no question - who determines this theis? I hope u get total rating - but why does VA deny- totally unafair- keep ur mind clear - someday its gotta happen - I just wanna help others too - wish I had the power - I know Berta is the best source - she can do it if possible - I just have my small problem - I am kinda ashamed also to ask but wanna help vets also -hope I can -Thanks

[Berta]

Frank- you dont have a small problem- you are a service connected veteran-

we don't judge any claim- the VA does enough of that crap-

Question:

I am not a doc but two vets I know use a voice box and appear to have a permanent tracheostomy. Do you?

http://www.va.gov/vetapp05/files5/0529680.txt

"ORDER

A schedular 100 percent disability rating for 100 residuals

of larynx cancer, status post-partial laryngopharyngectomy

and bilateral neck dissections with permanent tracheostomy

and cannula is granted from the effective date of service

connection, subject to the regulations governing payment of

monetary benefits."

Is there anything in this BVA decision that is similiar to your medical situation?

This BVA case wont help as evidence but it might contain clues as to what medical evidence you need to combat this proposed reduction.

Is there any way you can state for us the exact wording and reasons and bases VA gave you to support their proposed reduction?

This vet was dropped from 100% SC larynx cancer to "0' noncompensable SC:

http://www.va.gov/vetapp00/files1/0003410.txt

The BVA awarded 10% on the appeal.

This case had diagnostic codes (I see one had changed) and other information that could help you.

When vets search the BVA- the denied or low awarded claims can be as helpful to them as awarded claims.

They all show the rating criteria and how it has to be fulfilled - with evidence specific to the vet.

The VA can alter proposed reductions with established medical evidence and a good IMO.

Some reductions make sense when you read the regs and the criteria -but many dont and they should be challenged. It takes a thorough reading of all your med recs to fully support your position.

This vet only got 10% too:

http://www.va.gov/vetapp06/files5/0632204.txt

Still-these cases clearly show the medical criteria and if your med evidence warrants it-by your medical evidence- they must drop the proposed reduction idea.

I certainly would file the NOD if I were you-and call their attention to anything at all in your med recs that would combat whatever they said in the letter.

Did you ever claim this condition before the regs came out and do you still have the denial letter?

Reason I ask-the VA tried to snooker millions of bucks from vets when the Nehmer (AO) Court Order was finalized.

In many cases (but not all) the VA failed to establish a proper EED and the vets were denied thousands and thousands in compensation.

For Example: from VBM 2006 page 633: A larynx cancer vet-

Vet files claim on Dec 1, 1991, His Larynx cancer is not on presumptive list.

VA publishes regs for larynx cancer in June 1994.

VA puts claim on hold and then after the regs comes out vet gets award-

to Dec 1, 1991 -even though it was not technically SC at that time.

Also:

Vietnam incountry vet has ulcer and VA denied SC claim for it,filed on April 1, 1989, but lists diabetes Type 2 as NSC in the rating decision.

Vet hears DMII is going on the AO list and files claim for this on Oct 23, 2001.

Due to the stipulations of the court order in Nehmer, this vet's proper EED is April 1, 1989.

EVery AO SC vet should spend some time with the legalise of Nehmer-because the VA is "more than likely" still snookering vets out of proper EEDS under Nehmer.

My vet rep didnt have a clue on Nehmer- this is something a vet should do themselves-

get out your old decisions , see if your present AO condition was listed as NSC, and then read nehmer and see which category you fit into as far as proper retro goes.

Widows too:

Widow files DIC claim within one year after vets death due to lung cancer (Vietnam vet)

VA denies in 1984.

BVA denies in 1985.

Widow reopens in 1994.Lung cancer regs are published in 1994.

The widow is grated DIC back to 1984-the date of the veteran's death.

(Page 630 VBM NVLSP 2006 Edition)

Edited February 22, 2007 by Berta

[Viet Vet]

Thanks for info Berta - I am lucky to not have had larynoctomy - yet!!!! Hope I am gonna be ok now too - I can accept the reduction for my part , but I am just wishing I could be at 30% for the ed benefits for my daughter who is junior year at Univ - I have additional claim waiting for tinnitus which I have 0% SC since 1989 - hope to be able to get to 30% if they grant that at10% - dont know why I was never given 10% tinnitus from get go though - I had submitted form already for my daughter's ed benefits - but VA said they lost the form - ha ha!! So I made copy again and sent it in - no action yet - I best be checking on it too!! Since I am retired AF, I can try CRSC when I get final rating - just hope other vets can get theirsc ratings fairly - I am not "crying in my beer" because at least the VA has done the best medically for me that can be done - Thanks again to all for good advice and info

[Berta]

Do you mean 30% SC for Pell Grants?

I think they have that criteria-not sure-

Chap 35 for her would depend on 100% P & T SC-

Does your state have any special educational benefits for children of Vietnam Vets or anything for children of all disabled vets regardless of where they served?

It certainly can pay off to check into any potential form of financial aid possible for the child of a veteran-I say child but I believe these types of aid go over age 18-otherwise they wouldnt make sense.

I am now wondering what form you mean that VA lost-

I guess I thought you meant a Pell Grant form.

[Viet Vet]

Berta - I guess I have to back up to beginning - I filed claim VONAPP Jan 06 -recieved 100% grant sc Aug 06 - retro to Jan06 -the letter of Aug06 stated " We couldn't pay for {daugter's name} because she is over 18. We are enclosing a VA FORM 21-674 - Request for Approval of School Attendance, for you to complete if {daughter's name} is in school. We can only pay dependents between ages of 18 and 23 if they are attending an approved school."

This is the form I sent in although they did not sent me the21-674 - I downloaded it from VA website - they sent 21-674b School Attendance Report - which was also completed and sent too. In addition sent in VA Form 21-686c Declaration Of Status Of Dependents, which they had attached.

I assume my daugher's attendance at Univ of Miami is an approved school - I would think so! It cost a mint - she has scholarship but not full - but still its very costly to attend - she is doing well there. That ed benefit would really help out though. That's about all I can tell you - I do appreciate ur advise also.

Frank