• Reply to: How temporary 100% disability is reviewed   2 months 4 weeks ago

    Thank you for your comment! Here is Jim's reply:

    Rather than subjecting you to guesswork, I'll say that you need to wait on the decision. I could guess what VA should do, I can't predict what they will do. You're well into the process of gaining service connected disability ratings for agent orange presumptive conditions.
    At this point in the adjudication process there's really nothing that you can or should do.

    Wait for the decision letter. It'll arrive in a big brown envelope.
    Once the decision letter arrives, I'll be happy to review that with you. Upon review we can determine if VA made the right decisions and assigned the correct ratings for your circumstances. If your ratings aren't what you think they should be, we can begin the appeals process. I predict that more than 1/2 of all initial decisions are flawed and require appeal.

    Metabolic equivalents (METS) aren't very accurate if one is guessing at the patient's activity levels.
    https://www.ncsf.org/enew/articles/articles-heartratefrommet.aspx

    But again, I wouldn't worry about any of it until you have a decision in hand.

    -Jim

  • Reply to: How temporary 100% disability is reviewed   2 months 4 weeks ago

    Thank you for commenting! Here's Jim's response:

    Yes, you need an expert veterans law attorney. Please click https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html

    If you'll read that page you'll learn how veterans law attorneys go about the business of representing a veteran. Any of the attorneys you see featured on that page will be happy to speak with you and review your claim/appeal for free. Good luck!

    -Jim

  • Reply to: How temporary 100% disability is reviewed   3 months 3 days ago

    Jim,

    I am a 66 year old Vietnam vet (served in country from Jan. 1970 through Dec. 1970). In Dec. 1999, I was diagnosed with prostate cancer. My only treatment was a radical prostatectomy. I lost all my ability for natural erections. However, with injections I can achieve an erection and penetration. I don't have much leakage and do not wear pads. I do have a urination frequency issue. I have to void at least 4 time every night. I see my urologist once per year and my PSA reading has remained about zero.

    I have been taking medication for high blood pressure and high cholesterol for several years. As part of my annual physical last year, I was diagnosed with a heart condition. My EKG indicated I might have had a heart attack sometime in the past. My primary care doctor sent me to a heart specialist. After a failed stress test, I had a heart catheterization which found severe blockage (100% on one side and 94% on the other). I had triple bypass surgery on July 22, 2015. My recovery has been normal. I continue to take blood pressure and cholesterol medicine and a new heart medication was added.

    Recently, I read about Vietnam vets and agent orange and decided to file a disability claim in November 2015. I recently had my first C&P exam and am awaiting notification of my disability approval and rating.

    During the C&P exam, I had a complete physical including chest X-rays, EKG, Blood work, & an Echocardiogram. A MET exam was not completed. When I called to inquire about this, I was told that my MET scores were on file and a separate exam was not needed at this time. How would the VA determine my MET scores without a separate exam? How can I find out what MET numbers they have on file?

    Based on above information, any idea what my rating might be? Do you have any suggestions for me going forward?

    Thanks,
    Larry

  • Reply to: How temporary 100% disability is reviewed   3 months 3 days ago

    I had a 100% rating for brain injury/major depressive disorder, 20% neck, 40% spine (for almost 10 years), after C&P the 100% was reduced to 70% for a combined 90%. VA examiner checked "No TBI" now claim it's PTSD. My disabilities caused by being struck in the head and knocked out by the gun cannon of a main battle tank well documented by CO, ER Doctors & Federal Police reports. VA also sent me form for Unemployability. DAV made a "personal appeal" for me. My question is can I appeal the reduction and file for unemployability at the same time? Should I simply settle for the unemployability, at least they won't be hounding me with C&Ps all the time. My VA shrink won't write a letter for me supporting the 100% because "It would be a conflict of interests." I'm not very confident with DAV representative, should I get a lawyer? Thanks!

  • Reply to: Difference in Benefits - 100% schedular disabled veteran vs. 100% TDIU disabled   5 months 4 weeks ago

    To use legal language like "burden of proof" may be overkill. If I read your message correctly you've remarried and you applied for dependents allowance some years ago. It sounds as if you aren't sure if you're being paid properly.

    The first thing to do would be to determine whether you are being paid properly for your dependent. That will be reflected in the monthly amount you receive. You can access the benefit rates tables here: http://www.benefits.va.gov/COMPENSATION/rates-index.asp

    Once you've determined if you're being paid properly or not, email me and let me know and we'll take it from there.

    Jim