Degenerative Disc Disease (DDD) and application for changes in benefits

Hello Jim, I am a retired MSgt. I was diagnosed with Degenerative Disc Disease (DDD) while on active duty. I had disc decompression surgery on my lower back in the fall of 2005 shortly after I retired. The VA has acknowledged my Disability but when they made a percentage decision (20%) it did not change my total allowance which is currently 60%. Since my surgery in 2005 I have been diagnosed with the same issue in my entire spine and am currently receiving shots there and in my neck due to the spread of the disease. This has been confirmed by civilian doctors after an MRI was performed late in 2012. I wanted to go to the VA for medical treatment but their process and procedures take so long that I wasn't receiving timely treatment. What is the best way to address this issue with the VA and engage in an increase request for my DDD. more...
Posted on: Monday, May 20, 2013

Paperwork is often scattered and haphazard

Jim, Im 80% waiting for a dro for bronchitis and rad and unemployability they sent. Me a va application for chapter 35 for my kids ive been waiting 2 years is this a good sign or should i not get my hopes up im also in the independent living program Reply: Approval for Chapter 35 DEA benefits is an indication that you've been approved for a 100% P & T benefit. It may be a schedular benefit or a TDIU benefit. That doesn't really matter a lot, so long as it's a P & T award. The P & T part is where the DEA benefit kicks in. Now...before you get your hopes up, there are 2 things we have to consider.more...
Posted on: Monday, May 20, 2013

VA quick to act when benefit is reduced

Jim, Just a quick note about St. Petersburg RO. I filed a claim for Aid & Attendance last August (I'm already 100%) ( It was recommended by VA employees)after an accident which I fell and suffered a spinal cord injury. I have been accepted into the VA spinal cord injury program at James A. Haley VAMC. The VA is already paying for a home care assistant(not near the total cost) December 3,2012 I finally got my divorce after an 8 year battle and delivered it to the VA RO in January 2013. Yesterday May 9, 2013 I got the notice of reduction in Benefit due to divorce (I knew this would happen) I find it interesting that this took only 4 month to process the decree while the aid & attendance is closing in on a year. Remember, they are already funding something under another program for the same thing. Things go a lot faster when VA reduces what the VA pays. When they owe the veteran money, things slow down. more...
Posted on: Monday, May 20, 2013

Does change in address cause VA benefits review?

Jim, I have to move because i can't afford my house any longer. will this generate a review of my claim? I'm 70/100 for 14 years permanent & total. don't need any harassment at my age. thank you. Reply: No. I've moved a number of times w/o any issues. I've bought and sold a couple of properties and the VBA doesn't pay any attention. As a rule, I recommend that you do not switch banks. Leave the VA deposit just as it is. I left a bank account open just for VA for about 10 years once and never had any problems. It really doesn't matter where you live any more, a bank is a bank.more...
Posted on: Monday, May 20, 2013

Exam may have caused lingering infection - what to do

Jim,

I am a 67 year old Viet Nam Vet. Some years back I went to VA Ambulatory Care Center for an appointment. Not knowing what the appointment was for, and having received no fleet enema from VA, I hadn't cleaned out.

more...
Posted on: Monday, May 20, 2013

Nobody cares about your claim the way you do. DIY and get it done right

Hi Jim,

I recently attended New York State Division of Veteran's Affairs Refresher Training. The VA Regional office is really starting to push DBQ's in a big way. The Regional VA is under pressure to complete claims and increase their number of Fully Developed Claims. As a result, they are pushing the DBQ's.

more...
Posted on: Monday, May 20, 2013

Change in employment status while TDIU

Dear Jim, I will keep this short and simple. I have been rated 10% for tinnitus for 8 years and have been battling with appeals for PTSD for the last 4.5 years. I just got my award letter granting me 70% for PTSD but also giving me TDIU from November 2012 to current. I have just received this rating but have had gainful employment since January 2013. I do not want to get in trouble or anything so what should I do? I earn above the poverty threshold and don't want to hide the fact and risk losing all of my rating. The 70% is what I was hoping to get. I started working in January for a civil service position in NYC. I know i'm above threshold and don't want the VA to see that next year and think I was trying to hide it and "freeload" off the system. Any advice would be great.more...
Posted on: Monday, May 20, 2013

If you have a well grounded claim and prepare your case carefully, you will prevail

Dear Jim, I want to thank you again for your input concerning my C&P exam for I.U. I'll update you so others can look at my experience. The psych doctor I spoke to for an increase in my existing PTSD rating put me right at ease as to how it works for an increase vs a new claim. The doctor said we would not be rehashing and going over wartime experiences etc. We would not be talking about anything that occurred BEFORE my original award of 50% PTSD. This doctor was only interested in what would be evidence of how my PTSD symptoms etc. have increased in severity. That took most of the anxiety out of exam. Evidence in my case to show increase in severity etc. was new updated info by my "one on one" psych doctor and I also had a lowering of my GAF score.more...
Posted on: Monday, May 13, 2013

Difference in Benefits - 100% schedular disabled veteran vs. 100% TDIU disabled

Hello Jim, I really enjoy following your blog and your comments and I think it's tremendous that you take time out of your own life to help veterans try to figure out the Veterans Affairs disability system. I joined the DAV about a year ago and I'm the adjutant for my local chapter in Northern Virginia, but I still can't find the answer to what I perceive as a very simple question. Is there any difference between benefits a spouse receives now or in the future (after the Vet passes away) if the Vet is rated 100% disabled due to individual unemployability versus 100% disabled due to the schedule? I've actually looked all over the place for this answer and cannot find it anywhere. An attorney friend of mine who specializes in this area told me just today that there indeed is some sort of a difference. more...
Posted on: Monday, May 13, 2013

Not all ailments of aging can be attributed to our honorable service

Jim, I need some advice regarding my VA claim. I hurt my lower back on active duty in the Navy in a store room stacking boxes. I was treated by a hospital corpsman three times and released. He advised me that they Navy did not treat back injuries and that if I pursued this further that I would be out of the Navy. After that I never complained about my back again and just endured the pain. None of this was entered into my medical records. As I am getting older this injury is causing me a lot of pain and discomfort. I was denied my disability from the VA due to lack of evidence. I remembered the name of the hospital corpsman and hired a private investigator and I found him he is now a retired E9.more...
Posted on: Monday, May 13, 2013

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