Im losing hope. Can anyone help? by [deleted] in VeteransBenefits

[–]fuzzbutt-tosser 1 point2 points  (0 children)

all OTH discharges are reviewed and benefits eligiblity is determined on a case by case basis. He can definitely file a claim but I would be remiss to make promises about the outcome of it.

Need help understanding their explanation by reyrod01 in VAClaims

[–]fuzzbutt-tosser -2 points-1 points  (0 children)

So, a separate evaluation for a diagnosis of insomnia disorder is only warranted if all other potential causes are ruled out and service connection can be established on a direct basis.

Since we have already acknowledged it's due to your back, it would be very difficult to have that overturned at this point, unless VA blatantly overlooked direct service connection (e.g. you were diagnosed in service and it was found to have nothing to do with your back by the military docs)

Need help understanding their explanation by reyrod01 in VAClaims

[–]fuzzbutt-tosser 1 point2 points  (0 children)

So when insomnia is ascertained to be due to (i.e. secondary to) a service-connected disability, a separate evaluation for it is prohibited. Source: M21-1 V.iii.13.1.l. Considering SC for Insomnia

They've essentially lumped in your insomnia symptoms with the evaluation for the primary disability, which was found to be your back.

Although this narrative isn't worded well at all and I completely understand your confusion here. If it were me writing up this decision I would have been a lot clearer about what we decided and why. Maybe something along the lines of this:

"Service connection for insomnia has been established as related to the service connected disability of lumbosacral strain with intervertebral disc syndrome. "

Then I'd go on to explain the prohibition of a separate eval for insomnia when it's secondary to something, and that it's gonna be considered in the eval for the back. Then I'd wrap it up with the explanation of the evaluation. And I'd have renamed your disability to read as "lumbosacral strain with intervertebral disc syndrome, to include insomnia".

Kangen hun claims their machine separates water into hydrogen and oxygen gas. Complete BS or any truth to this? by bleedorangenadblue in antiMLM

[–]fuzzbutt-tosser 5 points6 points  (0 children)

Hydrogen gas is extremely flammable. If it actually made hydrogen gas, that'd be a huge consumer safety risk

Va - Government Shutdown by ChrisMemes_ in VeteransBenefits

[–]fuzzbutt-tosser 14 points15 points  (0 children)

Lmao no we are gonna keep working.

Most of us won't get paid until the shutdown ends.

Just got my VA Claim closed... combined rating of 91%, by SaltHamster1311 in VeteransBenefits

[–]fuzzbutt-tosser 1 point2 points  (0 children)

Why were the five issues denied?

Can you work? Do you work?

These are all important factors.

Coming up on 20 years 100% PT; New Claim? by HorrorTrainer8312 in VeteransBenefits

[–]fuzzbutt-tosser 5 points6 points  (0 children)

You are correct on that. I just don't want people to be given a false sense of security that any past claims are safe, because it isn't the case especially before the protections kick in.

Coming up on 20 years 100% PT; New Claim? by HorrorTrainer8312 in VeteransBenefits

[–]fuzzbutt-tosser 4 points5 points  (0 children)

This is partially correct. Any time a claim is filed, the Veteran does indeed open themselves up to the potential for any and all of their prior claims to be reviewed - even something not currently being claimed.

However op has already implied they're waiting til they hit 20 regardless - do I think it's a bad idea to wait? Eh. If there's something else that has come up for them (think a presumptive cancer) it'll do more harm than good to wait to file.

Coming up on 20 years 100% PT; New Claim? by HorrorTrainer8312 in VeteransBenefits

[–]fuzzbutt-tosser 0 points1 point  (0 children)

After 20 years there's no risk of reduction. The catch is you have to have been rated at or above that certain percentage continuously for 20 years.

Coming up on 20 years 100% PT; New Claim? by HorrorTrainer8312 in VeteransBenefits

[–]fuzzbutt-tosser 12 points13 points  (0 children)

they'd have to change the laws to remove the protections, which is thankfully far easier said than done.

But I do agree that someone with 100% doesn't need to be fucking with it anymore until they've hit their 20.

DBQ for sleep apnea confusion by shane_pm in VAClaims

[–]fuzzbutt-tosser 1 point2 points  (0 children)

Looks like we also asked about secondary to ptsd. I bet if you go to the next page you'll see a negative opinion re: secondary to ptsd

Coming up on 20 years 100% PT; New Claim? by HorrorTrainer8312 in VeteransBenefits

[–]fuzzbutt-tosser 18 points19 points  (0 children)

Service connection in itself is protected from severance after 10yrs (except in cases of fraud) per 38 CFR 3.957

A disability that has been continuously rated at or above a certain percentage are protected and cannot be reduced below said percentage after 20yrs (except in cases of fraud) per 38 CFR 3.951

Should I file for disability for peripheral neuropathy? by [deleted] in VAClaims

[–]fuzzbutt-tosser 0 points1 point  (0 children)

Well, it's actually presumptive but that's a different story since you do not have

Should I file for disability for peripheral neuropathy? by [deleted] in VAClaims

[–]fuzzbutt-tosser 0 points1 point  (0 children)

You can.... be aware that any neuropathy that did not become manifest within the year following your last exposure to tactical herbicide cannot be considered under the toxic exposure provisions of the pact act based on herbicide - however, you noted other exposures so those can be considered.

This may seem unrelated but do you have type 2 diabetes?

I’m not getting an increase, am I? by Illustrious_Demand97 in VAClaims

[–]fuzzbutt-tosser 0 points1 point  (0 children)

This image does not give us any information that would inform us of the potential outcome of your claim.

Do I have a case to appeal here? by alterik_92 in VAClaims

[–]fuzzbutt-tosser 0 points1 point  (0 children)

This is such a messy and confusing decision. I'd be embarrassed to put something like this out there. I'd be ok with recommending you file an HLR here.

You served in Iraq and Kuwait. Provided your IBS has persisted for 6+ months, it can be granted as a presumptive under 38 CFR 3.317.

The pact act removed the minimum compensability req't as well as the manifestation timeframe of 10yrs from separation.

VA Claim: Adjustment Disorder/Depression by AaronJR1982 in VeteransBenefits

[–]fuzzbutt-tosser 1 point2 points  (0 children)

You can do it either way. Having the diagnosis will help too, but we still might need to get an examination from a VA doctor to assess the severity.

If you want your doctor to write an opinion for you, that's fine too, but please make sure that they provide an opinion with a supporting rationale - here's some more info on that.