broncovet

Its a problem to get good information to make good choices, but I doubt that politician knows any more about my health care than I do, and I dont want them making choices for me, based upon their own biases and opinions. I have enough trouble making good choices, WITHOUT being forced by a politician to make the choice that one or more politicians think we are somehow not able to make good choices, and that we need them to make those decisions for us. While certainly not every Veteran makes good health care choices, they are their choices to make, not mine. If they walked a mile in my shoes, they would probably make the same choices I make anyway.

Lemeul You posted: You then cited your opinions on interest rates, contractors, bonuses, etc. For you, my advice would be to choose VA care for as long as you think its better. However, not everyone shares your opinions on medicare, VA care, who is likely to win the Superbowl, or pretty much everything. You should get to choose whether you go to VA, not a politicain you have never met, that has no idea about your medical needs, how far it is to the nearest VA clinic, or how those people at the VA have treated you in the past. But why must those choices be made for me? I am 100 percent certain that Im not the only one who prefers community care to VA care. Why is it the VA is "threatened" by our choice? Is it so awful that VA "raise their standards" so that more Veterans choose VA care? When there is no choice, there is compacency. I do not insist that you buy. a Tesla, Porsche, or Chevrolet. You pick the one that works the best for you and your budget. Indeed, on a decision as important as health care, I also want to be able to chose to take my health care to the Cleveland Clinic, VAMC in my home town, or to Doc K who is an old school family doctor I grew up with. Please explain why you would even want to make medical choices regarding my health and my family. I do not want to choose your care provider because I know far less about your health care needs than you do.

Thank you for your responses. Broken Soldier While your point does make sense, I have had 2 reduction proposals prior to the "Mandantory Verification" letter yesterday all on the same issue. The reduction proposals were the worst. A reduction proposal seems more than a bit extreme. That would be like sending an ambulance, police force, and swat team, sirens blaring, to tell you that you needed to make an appointment to go to the dentist. A redcution proposal is, for many, even scarier than an ambulance showing up at your door. I have answered many questions and, no doubt, the dreaded "reduction proposal" is as welcome as the grim reaper. It would make sense to let Vets know about this (apparent) change, since for the first 15 years or so, I received no reduction proposals, only in the past 3 years or so. A PTSD VET could well go off the deep end with a reduction proposal, since they are often already paranoid. Lemeul The VA "isnt the only place" with glitches. While I was in the military, it was not that uncommon to get something wrong with the paycheck, such as wrong number of dependents, or other glitches. They were always resolved "by the folllowing payday". Why is it that VA can get away with taking years to straighten out, what could/should be none in minutes or a few hours? The obvious answer: They dont care. Its not THEIR paycheck, so just shuffle it around until it "catches on fire" and someone gets mad enough to raise a hornets nest about it. In my business classes in college, its called "management by putting out fires", and is the worst possible managment method, the default method due to lack of planning and just plain poor management. Instead, there should be a method in place that quickly quenches out those glitches before they become forest fires.

Im glad you are able to continue working with your disabilities. While I have heard this type of thing in the past, I would NEVER go through all the trouble to get something service connected "unless" there was a real potential benefit to my self or to my family. That is, "if" service connection for RLS would not/could not result in some type of increase compensation, I would not bother with it. Sometimes, of course, applying for additional benefits can benefit your family but not result in any increase in pay. As an example, lets say you have a heart issue, not service connected, but are already 100 percent plus SMC S, so applying for and being granted an added rating for IHD would unlikely increase your compensaiton. However, a heart issue could easily result in your death and your spouse would be eligible for DIC if you die of a service connected condion OR if you die from any cause AFTER you have been 100 percent P and T for 10 years. So, it could well help your spouse in the event of your death to be SC for IHD. It seems unlikely that RLS is likely to cause death, however. You need to decide "if its worth it" to continue (appealing) a claim for RLS or not. I cant decide that, you obviously know way more about your health conditions and finances than I ever will. But I do know that most of the time, getting benefits involves lengthy appeals, and a fight for your benefits, freankly. For me, I would not "fight VA" for an "acknowledgement", instead, unless there was a reasonable chance of increased compensation, I would not go through it. I personally have other disabilities that I could persue. For example, I fractured my leg in service, and have some serious arthritis of the knee. But, "arthritis of the knee(s)" or related potential disability conditions are extremely unlikely to result in any additional compensation, so I am not persuing them. (Because Im already 100 percent P and T plus SMC S). For me, I would rather the VA spend time working on other Veterans claims, than working on my arthritis service connection as it means no additional comp to me or my family even if awarded. That is what I call "busy work". My father mentioned in the 30's there was a goverment program called the WPA. They hired people and often gave them busy work. "Ok, dig o hole 5 feet by 3 feet, by six feet." (You dig the hole). "Now, fill it back in again, and do that over and over again". Im not against "exercise", but I dont want to do busy work to accomplish nothing.

I received a letter from VA with a "mandatory verification of dependents". (Form 21-0538). A couple years ago, I received a "proposed reduction" (to remove my spouse). A year or so before that, I also received a proposed reduction to remove my spouse as a dependent. I have been married since 2006, never seperated, always living with my spouse. This is the THIRD TIME VA insists on Verifying my spouse, when for 18 years, I have continiously been married. EACH time I wrote VA a letter, and had my spouse do likewise, that we continue to be married. I feel like Im being "targeted" by VA, when I have done nothing wrong. Worse, it sounds like VA is "making an assumption" that all Vietnam Era Vets are drug addicts or alcoholics, and/or spouse abusers who dont care about their spouse/family and abandon them. As someone once said, I dont really believe, however, VA is following me, because, if they were, they would likely find my wife by my side and would stop this BS. ONE possibility: A few weeks ago, I was at the VA and they had a table set up to VOTE on whether you wanted to continue receiving care at the VA or be able to get care in the community. I voted "in the community" because, at least some of the time, private health care is superior to that offered by VA. Im quite sure VA does not like this, they would rather Veterans "not have a choice" in their health care, mainly because Veterans who opt to get their health care "in the community" vs VAMC health care would direct funding (aka money) away from VA. "IF" VA health care is so much better than private care, like they often boast, why would it trouble VA that we were given the choice? Isnt it true that many go to VA because they dont have a choice? Is the VA health care system a "prison" where we have no choice? I think we should be able to choose our health care options, and not have a VA administrator in Washington make those choices for us.

What were the reasons and bases for denial? This is important. However, It sounds like you have the cart ahead of the horse. To get service connection, You need the Caluza elements of current diagnosis of RLS, in service event which you apparently allege is toxic exposure. and a nexus, or doctors opinion that your RLS is at least as likely as not due to your toxic exposure in service. You need to check for documentation of those 3 items: Documentation of toxic exposure, your diagnosis, and the nexus letter. Did the doc essentially state that your toxic military exposure was at least as likely as not the cause of your RLS? Short cut: (Maybe). "IF" RLS is on the presumptive list, then check that one out. IDK your country of service, or time of service, so I have no idea what, if any, toxic exposure would be presumptive. Is this a pact act claim? Lastly, of course, there is a possibility that your RLS is related to one or more already service connected conditions, that is, secondary. You always need to consider the Caluza elements first, before symptoms. Only after you have been service connected, with either presumptive, CAluza, or secondary Service connection, will the symptoms matter. I see you are at 90 percent. Are you working? A short cut may be to seek TDIU, its very hard to get from 90 percent to 100 percent. Because of VA math, you have to have an additional 50 percent to go from 90% to 100 percent, not 10 percent more as your grade school teacher taught you that 90 percent plus 10 percent equals 100 percent. Not with VA math.

Thank you for the update on the 12 month to 4 month change. My opinion: Dont wait to apply until after surgery. You are gonna be in pain then. Effective dates are the later of the facts found, or claim date (with some exceptions). The sooner you submit the claim, the higher your back pay is likely to be. I explain it this way. For a person going from 90 % to 100%, that is a pay increase of about $1495 per month (more if you have dependents). How many of those $1495 can you afford to throw away by waiting on applying? I cant afford any, which means I apply right away. ASAP.

Correct. You need a doctors opinion that your (secondary condition) is at least as likely as not due to your (primary service connected condition, that is the other condition which caused it).

Its your claim, your money, your health, and your outcome. "If" it were me, I would want to take an extra step to make sure the VA had my records, including those from community care, when I applied for benefits. So, I would be pro active, probably drive to the docs office ask for them, and take them to the VA. I dont know how far they are away, but the hour or two you spend doing that could save months or even years on getting yoru benefits timely. As an alternative, "if" you have a VSO WITH VBMS ACCESS, you could check to see if those records are there, and apply at the same time AND, review your file to make sure everything else was ok. Doing a great job with your records, can save you years or even decades of frustration with claims. As one man once told me, "if you dont have time to do it right the first time, when will you have time to do it over?" I would dot all the i's and cross all the t's knowing what I know now. VA messes up enough stuff even when everything is in order WITHOUT compounding the problem by me being too lazy to obtain the necessary records. Sure, VA has a duty to assist. But, if they dont do that, it is not CUE. And I dont want to depend on a GS5 or whatever VA employee to make sure my money and claims are in order, I would check them myself. to know they are done right.

Welcome to hadit. Once service connected, disability ratings are dependent on symptoms. Assuming you hip replacement was involved "service connected" conditions, and you are service connected for the hip, you would need to let us know your symptoms before we could speculate a rating. While I never have had a hip replacement, I have had a knee replacement, and know that surgury has a long healing period. I will offer some suggestions and you can do all, some, or none of the following at your discretion. 1. Apply for temp convalescent rating. This is pretty much a no bariner, and, if awarded, you would get bumped to 100 percent for about a year. Then, you would likely have a c and p exam to determine "how you are doing" (aka your symptoms) and you may or may not be reduced back to your current rating. 2. If you are not working, and unable to work due to sc conditions, consider applying for tdiu. Again, a no brainer if you are not working. My advice is you should likely proceed with 1 and 2, above, and do it sooner rather than later. 3. Since this is a revision surgery, you may want to find out the reason for the revision. Was it a medical mistake? If it was, you could consider filing an 1151 claim. It may or may not be a medical mistake. That would take a review of your records, which I have not done. If you dont really know if it was a medical mistake or not, you could likely take your medical records to a medical malpractice attorney and seek his opinion. He is unlikely to charge you, for an opinion only, but ask him/her first. If it is a medical mistake consider filing an 1151 claim which is basically when VA injures you through one or more medical mistakes. You could/should be compensated for it if it was a medical mistake. Its also possible "its not a medical mistake.". The revision could be due to other reasons. Some of those are, it could even be your fault. For example, if the doctor told you "not to climb a ladder or jump on trampolies" and you do it anyway, then that is probably not a medical mistake. Or, if he ordered physical therapy, and you failed to attend, well that is not the doctors fault. Finally, of course, the implanted hip device could be at fault. If, its a problem with a device failure, then consider whether or not it makes sense to sue the device manufacturer. If the company is selling low quality devices, then they need to be stopped with a lawsuit. I put these in this order for a reason. The first two you can do regardless of who is at fault. If you have not worked since well before the hip replacement, tdiu wont be dependent upon who's fault was the revision surgery. The last one, number 3, should not be done unless you are fairly certain about the cause of the revision surgery...the device, a medical mistake, or your own fault. But the first 2 dont matter, so go ahead and apply for those, the sooner the better.

Congratulations, Spaceace! The win is always sweeter when it takes longer. You indicated you got your "decision letter", which I guess means the BVA decision letter, not the VARO implementation letter. Dont forget to check carefully those effective dates, and appeal, if applicable. If the effective date "sounds wrong" IT Probably is wrong. ONE common effective date error is making the effective date the date of the c and p exam. That is almost always wrong. Think about it. Your effective date is the later of the claim date or facts found. So, here is what VA is saying. You applied for disability. You were not disabled when you applied, but, you got disabled in the doctors office at the C and P exam. Did the c and P examiner disable you? Did the building collapse and fall on your legs crippling you? Doubtful. Or, did the psychiatrist exam stress you so bad, that his exam caused you to be disabled? More likely, you were already disabled when you went into his office or elese you would not have applied. But the doctor did not give a date. So, the VA uses the c and p date. Instead, the doctor should have reviewed your records and state something close to "the record shows you were first diagnosed with PTSD in an exam on July 2, 1991. In other words, your 1991 doc diagnosed you as already having the disease in 1991. But the VA rater forgot to look on that exam. NO. So you have to appeal. This is just one way VA messes up the effective dates, be sure to ask on hadit if you are unsure. Or, contact a NOVA Veterans benefit law firm and ask them. They can help you fight for the right efffective date if they think its wrong also. There are many, many other benefits you get now that you are 100 percent, such as Champva for your spouse, dependents education, and state benefits which often includes free or discount property taxes.

Great question!!!!! I was awarded 100 percent, but had previously sought tdiu. When they awarded 100 percent, they stated tdiu was "moot". I appealed, specifically stating that tdiu was "not moot" because an award of tdiu could/would result in additional benefits. (SMC S and an EED as well). The board agreed with me and made a "finding of fact" that "tdiu was not moot" in my case. You could file, and, if it were denied as moot, you could appeal that denial as I did, which I eventually won. Therefore, YES, you can get 100 percent AND TDIU, but, I agree that rarely happens. ONE reason it likely rarely happens is that Veterans, VSO's, and VA employees alike think tdiu and 100 percent schedular are mutually exclusive, but, in at least SOME circumstances (aka mine, perhaps others) you can get both. It was a long fight for me, but, it resulted in both an EED and SMC S, and was worth it. Part of it is that 38 CFR 3.103 requires VA to "give Veterans a written decision" on their claim. (Which they did not do until I pressed the issue). If you are up to a fight, go for it!

Bluntly: I PM'd Tbird about your post. While I donk know this lawyer, the fact he has been around since 2008, or earler, obviously means he has significant esperience. However, I did NOT see his name in the NOVA advocate directory. Im not sure why. You may ask him that. Generally I recommend NOVA attorneys. Im sure it costs money to be in NOVA, and maybe all of them dont want to pay it.

Your nexus letter should include all of the following: 1. The CV of the doctor/physican/medical professional. You need to demonstate this physician is a competetent witness, and has significant training and experience diagnosing and treating your type of disorders. If you want an opinion on your back injury, dont seek that from a Psychiatrist. The VA probably does not know your doctors level of expertise. 2. The doctor needs to state "he reviewed your medical history". You probably are not interested in my opinion of "Star Wars" movie, if I have never seen it. A medical exam without knowing the patient history is not that useful. 3. The nexus opinion needs to be specific, not vague or speculative. Avoid "Could be/may be/might be" caused by an injury in military service. Instead, use "In my professional opinion its at least as likely as not that the Veterans (diagnosis) was caused from his injury in military service". 4. Give a medical rationale as to why the doctor rendered such an opinion. As an example, "a 2019 study by Harvard University showed that 88 percent of patients with fractured knees eventually had arthritis of that knee within 10 years." I did not see all of these things in the samples. The doctor needs to sign it.

I have never received an email from the BVA. (And, I had appeals there at least 4 times that I recall, probably more). But, things do change. It would be a nice change. I have to admit "IM SHOCKED" to hear BVA would send an email notification of a decision for more than one reason: 1. Email is not secure, and is often hacked. This alone, often means companies wont communicate a lot of stuff by email. My doctor will only do it "via secure mail" where you must login to myhealthevet. 2. BVA "just doesnt" summarize the decision like that. At least not that IM aware of. They send you "the whole enchilada" decision or none. No summaries. But maybe they turned over a new leaf.