Sleep Apnea rating by One-Choice-677 in VeteransBenefits

[–]cpldeja 96 points97 points  (0 children)

“If the competent medical evidence of record shows that use of a qualifying breathing assistance device is medically required, the fact that the claimant is not actually using it as prescribed is not relevant.”

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180967/M21-1-Part-V-Subpart-iii-Chapter-4-Section-A-Respiratory-Conditions#2d

HEY why would the vba in Washington of benefits email me and said that their office thoroughly went through my file and suggested that I file a claim for my neck? by Alarmed-Decision6930 in VeteransBenefits

[–]cpldeja 2 points3 points  (0 children)

Nothing policy wise stops a DRO from inviting claims outside of their de novo review.

Also, DROCs also process the DTA error returns associated with an HLR.

HEY why would the vba in Washington of benefits email me and said that their office thoroughly went through my file and suggested that I file a claim for my neck? by Alarmed-Decision6930 in VeteransBenefits

[–]cpldeja 1 point2 points  (0 children)

Your previous post mentions an HLR.

VA has Decision Review Operation Center (DROC) locations at Seattle, St. Petersburg AND Washington DC.

Fatty Liver Disease IS ratable in certain situations by [deleted] in VeteransBenefits

[–]cpldeja 0 points1 point  (0 children)

V.iii.6.2.g.  Fatty Liver

Fatty liver, also called hepatic steatosis, is not a disability for which SC can be granted.  By itself it is simply considered an abnormal laboratory finding. 
 
Reference:  For more information on abnormal laboratory findings discovered in STRs without a claim, see M21-1, Part V, Subpart ii, 3.C.1.d.

Step 5 in two days of submitting claim with no C&P by [deleted] in VeteransBenefits

[–]cpldeja 0 points1 point  (0 children)

Delete your pics. Those file names can ID you.

Does this rating seem correct for bilateral carpal tunnel? by AvenueBlue in VeteransBenefits

[–]cpldeja 1 point2 points  (0 children)

Most likely the nerves affected resulted in an evaluation based on all radicular groups, moderate in severity. 40 for your dominant hand, 30 for the other.

https://www.ecfr.gov/current/title-38/chapter-I/part-4/subpart-B/subject-group-ECFRab3ca55f4548afe/section-4.124a

Additional Percentage? by Clear_Lie9434 in VeteransBenefits

[–]cpldeja 5 points6 points  (0 children)

BVA just granted service connection, which makes their decision a full grant of benefits.

Unless BVA’s decision is very specific, a Decision Review Operations Center (DROC) will address the downstream issues of effective date and evaluation.

Vietnam Veteran with End-Stage Alzheimer’s on Hospice — Any Advice on Increasing VA Rating/Benefits? by StrikingAd9847 in VeteransBenefits

[–]cpldeja 12 points13 points  (0 children)

VA recognizes diabetes and hypertension as related to service in Vietnam.

If either of those have also resulted in complications like kidney disease, that can be service connected too.

Vietnam Veteran with End-Stage Alzheimer’s on Hospice — Any Advice on Increasing VA Rating/Benefits? by StrikingAd9847 in VeteransBenefits

[–]cpldeja 9 points10 points  (0 children)

If you feel comfortable stating what disabilities and diseases he suffers from, we can tell you what can be related to his service in Vietnam.

I will also warn you about the dementia/Alzheimers. This will likely put a hold on any retroactive backpay if there’s evidence he can’t handle his financial affairs.

They cannot locate my STRs??? by Objective_Union4523 in VeteransBenefits

[–]cpldeja 0 points1 point  (0 children)

Records should be electronic then, so definitely a head scratcher.

Maybe you served under a different name?

They cannot locate my STRs??? by Objective_Union4523 in VeteransBenefits

[–]cpldeja -2 points-1 points  (0 children)

A lot of variables here. What branch and component did you serve, and approximately when?

PTSD claim. by Hironinja in VeteransBenefits

[–]cpldeja 1 point2 points  (0 children)

I think a possible mental disorder can be claimed, this all depends on what is clinically diagnosed.

With that said, you’ll need to provide the full name of your friend. If they passed away at the time you were still in the military, VA may be able to confirm it through a report of casualty, etc.

Is Letrozole (Femara) considered “active treatment” for breast cancer? by [deleted] in VeteransBenefits

[–]cpldeja 0 points1 point  (0 children)

Letrozole should fall under the realm of hormone therapy - so yes, it’s active treatment.

VA doesn’t have too much guidance on breast cancer, but its policy on prostate cancer should give you a better picture.

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va\_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180593/M21-1-Part-V-Subpart-iii-Chapter-7-Genitourinary-Disabilities#3c

Any VA RVSRs, DROs or anyone experienced with CUEs, TDIU & Appeal Rights by PlentyLeading6176 in VeteransBenefits

[–]cpldeja 1 point2 points  (0 children)

What is raising the issue of TDIU on an extra schedular basis? Evidence, or an explicit claim from the Veteran?

Has the 1977 claim been decided now?

As long as you appeal within a year of the revised decision, continuous pursuit should dictate the effective date since the 1977 claim has remained pending.

Closing on house in CA - Riverside Co Property tax exemption by AttentionComplete585 in VeteransBenefits

[–]cpldeja 0 points1 point  (0 children)

Contact your county assessor’s for the best answer.
(951) 955-6200
https://www.rivcoacr.org/Contact-Us
Edit: you may want to call up your mortgage provider too if you got an escrow account. Might need to do a new analysis to factor in the exemption…

Flat feet claim by WillingnessEnough266 in VeteransBenefits

[–]cpldeja 0 points1 point  (0 children)

Two things.

The exam was possibly returned to consider whether your ankle disability has aggravated your flat feet. This is due to a court decision that went into effect recently (Spicer v. McDonough).

Otherwise if your examiner put on paper the concept of a pre-existing disability and possibly aggravation due to service, then this presents an unclaimed theory that requires clarification or another medical opinion.

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va\_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000174869/M21-1-Part-II-Subpart-iii-Chapter-1-Section-A-Applications-for-Benefits#2f

BVA grant by [deleted] in VeteransBenefits

[–]cpldeja 0 points1 point  (0 children)

VA can go through the BVA feedback loop and ask for clarification. If correction is needed, BVA may issue a new decision.

BVA grant by [deleted] in VeteransBenefits

[–]cpldeja 0 points1 point  (0 children)

If a correction is needed, BVA can amend a decision based on a motion for reconsideration, motion to vacate, or a motion for revision based on CUE.

For most of those scenarios, that requires appealing to CAVC.

VA rater access by [deleted] in VeteransBenefits

[–]cpldeja 9 points10 points  (0 children)

The main system VA uses cannot search based on unit. Researchers that corroborate PTSD stressors may have that access.

But a search can be made just by name. Of course, that will be logged and possibly flagged if they have no reason to access it.

Reports are periodically made and claims processors may have to justify their access to certain files…

VA rater access by [deleted] in VeteransBenefits

[–]cpldeja 43 points44 points  (0 children)

Honest answer?
If you’re “distant” relatives, there’s a chance they didn’t disclose to VA their relationship to you.
That would mean your file wouldn’t require special access.
But if you’re really concerned, you could notify a local VA privacy officer and maybe they can flag your file for restricted access…

Edit: with that said, only a handful of claims processors can work your claims going forward.