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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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BVA Annual Report to Congress FY 2021
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A VA Compensation and Pension Examiners Perspective
Tbird posted an article in Veterans Disability Claims,
A VA Compensation and Pension Examiners Perspective
This person is going to judge you. It’s their job, and that is why you are there. To be adjudicated fairly. How would you like to be remembered? A scuzzy stereotypical veteran? Or a troubled one who is doing the best they can?
Do not talk about alcohol or drug-related issues. You are not there to be assessed for those problems. You are there to be evaluated for your psychiatric functioning as today relates to your service history. If the examiner asks about alcohol or drugs, politely remind them that you are not there for those issues if you’ve ever had them, but for how impaired you are in your daily functioning. It’s best to avoid even talking about them. Got a VA horror story? I can tell you a worse one. Don’t waste your time with how badly you believe you’ve been mistreated. The examiner only has a short time to figure out how impaired you are, and they need the facts, concise sentences, and not rambling rants that lead nowhere.-
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VA Math, Confusing, Right? Calculate Your Final Rating Percentage!
Tbird posted a blog entry in Tbirds Blog,
10 + 50 = 50 and other VA math mysteries explained.
VA Math It’s Not Your Mother’s Arithmetic
“VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service-connected and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating.-
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VA will propose adding rare cancers to the presumed service-connected list as related to military environmental exposure
Buck52 posted a question in VA Disability Compensation Benefits Claims Research Forum,
https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5768- 2 replies
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Post in I need some help, please
Tbird posted an answer to a question,
If you are looking for help taking care of him something like a home health aide that comes in during the week and helps with what he needs help with. For this I would contact your local VA hospital and ask to speak to the Social Worker, explain your situation, ask for help and how to proceed.
If you are looking for additional compensation in the form of Special Monthly Compensation check out this video from CCK Law I think it will give you a good idea what it is and how to go about applying for it.
For example there is a Special Monthly Compensation Rate for TBI try reading this article from The Veterans Law Blog on SMC T It is a subscription site but it allows you to view 3 articles for free a month.
Special Monthly Compensation (SMC)
I hope this helps.
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Tbird, -
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Post in I am now 100% P&T, what do I need to know to apply for Social Security Disability?
Tbird posted an answer to a question,
You can now apply on line Read the below PDF or go here to Apply and read more https://secure.ssa.gov/iClaim/Ent002View.action
Here is a checklist for what you will need
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Berta
https://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2021AR.pdf
On page 39 of 47 the BVA breaks down the awards, remands, and denials by representation.
As you can see unrepresented veterans or widows did not do too well ,unless their claims were remanded:
No representation: 1,778 appeals allowed, 39.4 % remanded, but 1,771 denied right off the bat (27.2 %)
The least # of denials was with the PVA but they only represented 61 appeals. (Fiscal Year 2021)
BVA confirmed to me years ago that 1151 awards , remands, denials are absorbed by VA into the general Compensation statistics-in those reports that go to Congress and the public----
One more way VA hides their malpractice stats and one good point I made to the VA Accountability office, that ended up with S 221, which hopefully will be passed by the H VAC-this year. It is still in a medical committee. And will take my time away from hadit, this year ,if the VA medical Committee does not get it. I had to contact the S221 sponsors myself as they were preparing S221- non of them had ever served or dealt with the VA system.
I am a little surprised at the denials for non representation but then again I mentioned before how I was remanded by the BVA years ago and then knocked down their C & P doctor, and then was quickly awarded at the BVA, with no representation.
But I had a LOT of evidence, to include 3 IMOs and had even paid for a 4th IMO that I didnt even need or get from the forensic firm, prior to when the BVA awarded the claim. I had studied Cardiology, Endocrinology , and Neurology to get up to the level of VA's Endo doctor ,who denied the claim twice at the RO level. Awarded Direct SC death for DMII due to AO- my husband was never diagnosed or treated by VA for DMII so you can imagine how much evidence I needed to have. This award fully changed the prior DIC wrongful death award and brought many additional accrued benefits.
Nothing is impossible- but if often depends on how much reading and research you are willing to do and how much you are willing to spend on an IMO/IME that will become the most thorough medical assessent you will ever get of your actual disability (ies) situation.
Before I even considered getting costly IMOs I knew my evidence was surperb. But then again I was motivated by attaining Peace with Honor for my dead husband. A wrongful death (FTCA/115) holds no Peace with Honor,in my opinion, because it means that the very system veterans have created the need for, might find veterans,themselves, as victims of VA malpractice. And what is wrong with that picture?
EVERYTHING!
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Berta
https://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2021AR.pdf On page 39 of 47 the BVA breaks down the awards, remands, and denials by representation. As you can see unrepresented veterans
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