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VA Disability rating/compensation reduction

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When notifying me of their intent to reduce my advanced/stage III prostate cancer (PC) disability to PC "residuals", in h/her assessment, the VA's adjudicator's rationale for the reduction, assumed that after treatment, the cancer was now in remission, a decision with which my team of doctors did not concur. On receiving notification of the VA's intent, I submitted a Notice of Disagreement (NOD), with additional medical evidence provided by my physician, that verified that my residuals should be 80%, (versus 60%) based on the VA's own criteria. 

The VA did not reply to my NOD, but later notified me that their estimate of the NOD's anticipated resolution was 567 days, due to their backlog & any appeal I might submit would have an undetermined end date due to their backlog. The VA then, at the end of Feb. 2019, unilaterally, without consulting with me, reduced my disability & compensation without following the normal VA procedure, i.e., sending me a letter of reexamination and arranging with me to have a physical reexamination by a VA appointed physician before a decision could be taken by the VA to reduce my disability rating & compensation. At this point, the VA has not given me their decision on my request to reinstate my previous rating until the VA procedure is followed to make an interim decision on my disability compensation. I will be grateful for advice and recommendations.


Incarcerated Veteran/Benefits

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If my husband is rated 100%, if he goes to prison, can I still receive his VA  benefits? I’m a stay at home mom, homeschooling our daughter?

No current treatment record/history

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So i've been out for almost 10 years and during this time I have avoided going to the Dr even though I suffer from Migraines, can't sleep, severe allergeries, etc.  I just suck it up and take over the counter medication/alcohol to get through the pain. Now that I'm getting older, its getting harder to just "suck it up" and i think it's time to get some help.  I went to the DAV to see about filing for my conditions and they said that it will be very hard to get anything since I have not being treated for this issues over the last 10 years. All of these conditions were reported in my medical record while on active duty but since getting out I've avoided the Dr for anything other than emergencies. DAV did submit a claim for me but they recommended i go see a primary care provider right away and let them know of all the issues i'm having. Thoughts on this? what's my best plan of action in this scenario. Thank you

Disability payment

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My Disability check wasn't in the bank today. I figured it would be due to the 1st being on Monday but I usually  get it  a day before . I did recieved  my bah and tuition and fees payments.Any ideas on what the hell is going on?

VA payment

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My Disability check wasn't in the bank today. I figured it would be due to the 1st being on Monday but I usually get it a day before. Any ideas on what the hell is going on?

 

VA Payments

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If the 1st falls on a Monday, are VA Benefits paid on the Friday before? 

Automatically Secondary to?

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Good morning,

 

I have a question I can't find an answer to.

I am currently service-connected for L5-S1 of my lumbar spine. Over the years my L4-L5 and L3-L4 have become involved and I have assumed that those areas of the spine were automatically considered either as a part of the original L5-S1 service-connection or secondary to it. But, I have never seen it mentioned it my decision letters.

Do I have to claim those areas as secondary for them to be considered?!

Thanks

OPM, Title V and Title 38 in contradiction

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I have a Federal job.  When I was hired, my time in the military was used to establish my leave and sick leave and Federal retirement date (i am retired from the military in 2003).  That was five years ago.  As of last week, OPM is disallowing my time in the military.  The only time they will consider, is when a campaign or badge was involved e.g. Southwest Asia, and others.  My dd214 shows these campaigns without dates.  OPM wants the exact dates for each.  

The VA rated me at 90% in 2016.  I retired without a medical or dental exam.  I have to provide proof to OPM my disability was not on service connected, but occurred during a campaign.  My Federal records show me as retired from the military and having 30% / 10 pt preference for service connected disabilities.  OPM wants proof from "DoD".

Any suggestions?

Thanks  


CRSC Approval Question

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Hi all, 

Questions about CRSC approval rating... 

We just received an approval letter for my husband's CRSC claim, and we're trying to make sense of it. 

Under the "Verified Combat Related" section,  he was given a rating of 10% for his Fibro.  Stating it's "Gulf War Presumptive."

His current disabilitaly ratings are:

Fibro - 40%

Tinnitus - 10%

Hearing Loss - 20%

Raynauds - 40%

My understanding now,  is that the decision letter is in DFAS' hands. 

Will this 10% rating combine with his other ratings,  and increase his current retirement check? 

And,  is a 10% rating enough to offset the taxes withheld from his retirement pay,  or does it need to be a higher percentage. 

Thanks everyone! 

 

 

In Ramp Supplemental Information Track

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Thought it best to start a new post since my other one had become so long and probably fairly confusing with all of the twists and turns that my claim has taken. 

It seems as though the VA is about to deny my NoD for my knees (or has I guess since the DAV rep told me about the Dr opinion).  Should have seen this coming a mile away when the nurse practitioner wrote the nexus connecting for my knees to my back.  I just called her office this morning explaining that I needed a Doctor to basically endorse what she wrote so I could resubmit it. 

In short I interpret this as they simply got a Dr to opine their stance and since a Dr out ranks a nurse practitioner so the VA specialist's word stands.  The DAV from St Louis also mentioned that from the VA that in the Dr's opinion there isn't any medical evidence to support the claim (a quick google quickly proves otherwise, but I know this doesn't mean a hill of beans in their eyes).

Other than that is there anything else I can do?

The other twist to this is that they are combining my CUE with the NoD for my knees.

Thoughts opinions now that this is all new and improved "Ramp Based"?

Backstory:

My side; I have scoliosis (noted in SMRs), I was awarded service connection for back condition (based on records they had in possession at the time of original denial back in 1997 (yes big time CUE).  Any quick google will bring back a plethora of material linking the two, not to mention almost any Dr will confirm that there are links between the two.

My CUE; well after faxing material to Mr. Spickler's office evidently they routed it for a DRO review (included all pertinent documents).  My CUE concerns the fact that they used the information in my SMRs to approve me for my back that they had in their possession at the time of my original claim back in 1997.  My CUE claim is basically a textbook case of what a CUE should look like and how it should be decided.  Instead they didn't even wait for the ink to dry before they denied it (actually couldn't have sat on the raters desk more than a week, this includes time in inbox).  Since I had the other in RAMP I went and had this converted over to RAMP as well.  My thinking is that if they are going to deny me under a DRO review then they might as well deny me quicker under RAMP instead of waiting 6 months to a year.

If you are interested in reviewing the past history of my ongoing claim (now in appeal status) you can find it here (be forewarned it is long and can be quite confusing, though you might glean a few things of what not to do):

 

What does assigned mean on appeal?

WARNING:  Alexa Reporting Veterans To VA IG

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WARNING:  Alexa Reporting Veterans To VA IG

It appears as though a few recently disabled veterans, who had their disability ratingssignificantly downgraded, have claimed that their home devices reported them to the Department of Veterans Affairs (VA) Inspector General (IG) agents.  The veterans are on record reporting that Alexa, Google Home and Siri, all have been recording their conversations in their homes.

Pension claim closed

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I checked the va site today and it said my claim for pension was closed as of today.  Does this mean that it was denied or is there a chance itll be approved? because i havent received the letter yet

Migraine DBQ

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I'm trying to make it easy for my doctor to help me with my VA claim. I'm filling out my DBQ for Migraines and I'm stuck on Section V 5B. I don't understand the section. Any advice would be much appreciated. Thank you 

Can I file Secondary for Migraines while also filing for PTSD?

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I know my Migraines are due to my PTSD. I've been going to the Vet Center for the last couple of months and finally have my paperwork to turn over to the VA for a claim. It says I do have PTSD that's related to my time in Iraq. Can I also file for Migraines secondary to the PTSD or do I have to wait to first become service connected?


Ulcerative colitis

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Wondering if there are any members that have had success claiming ulcerative colitis secondary to ptsd? It seems to really aggravate my colitis, just wondering if anyone had any success or has heard of successes cases?

 

thank you!

Claiming Major Depressive Disorder

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Im getting out sometime this year, just haven't narrowed down a date yet. I just want to get out ahead of the VA claims process. I plan to claim:

-Major Depressive Disorder (diagnosed by PCM. Came about bc of an EO complaint of discrimination), currently seeing a counselor out on the town. I was hesitant to go to behavioral health. I didnt want to be put in in-patient care by the psychiatrist.

When i go to file, will the VA look at the records from the counselor the same way they'd look at records from a psychiatrist/psychologist?

-Left shoulder bursitis/bicep tendonitis
-Chronic low back pain
-Tension headaches (i feel like they're migraines)
-Tinea barbae. Had a permanent shaving profile for a little over a year from a military doctor. My bumps don't flare up too bad these days. Will that have a negative impact at the C&P exam?
-Ringing in ears
-Tinea versicolor
-ED

I want to make sure i have all my ducks in a row before i get everything together to go file.

My brother passed and I will be on and off the board for the next week

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My brother passed and I will be on and off the board for the next week. He passed peacefully in his sleep with his wife of 62 years by his side. I will be on the board a bit less for the next week or so.

Service treatment records

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Will the va deny my claim because i have no service treatment records? I wasnt treated inservice for my schizophrenia and ptsd.  The treatment didnt come until after service and i already sent them those records. 

Man using HadIt name to collect funds - Go FundMe shuts down campaign following Raleigh man's arrest for fraud

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I was interviewed for  this story. This gentlemen was using the HadIt name to collect funds for some non existent charity. "HadIt.com" is NOT a non-profit. "HadIt.com" will never have anyone collecting outside of Walmarts. If "HadIt.com" does not list a fundraiser on our site it is not affiliated with us. Please read the story and pass on that this person is NOT affiliated with "HadIt.com"

Go FundMe shuts down campaign following Raleigh man's arrest for fraud 
https://www.cbs17.com/news/local-news/wake-county-news/gofundme-shuts-down-campaign-following-raleigh-man-s-arrest-for-fraud/1866907862?fbclid=IwAR3Z6cTDSvv2yr9f1hKanLjOBeHjLyeJPtOnVQX0vTGmpF0d_eXiGsPaJug

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