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Captain Awesome on September 08, 2011, 11:50:46 AM
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That means they could grant a few conditions based on the evidence they had, but needed more evidence for the other conditions.  It's a very common thing we do in order to get guys paid quicker.

Unfortunately, when we (the benefits side) need an examination (from the hospital side) to complete the claim, the hospital takes control of the scheduling, so the regional office will just be able to order another exam, which will then again be rescheduled by the hospital.  Make sure that the hospital has your current address and contact number, because even though it's still VA, we always have different addresses for somebody than what the hospital has.

I made sure she had all of my numbers today, and before I got direct deposit, they mailed my check to my old address, so I called and updated that.  They should have everything else  correct.  Still waiting on a phone call back.

11B4 on October 25, 2011, 01:39:17 AM
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Okay so by no means am I a psychologist, though in the coming months I will be starting the trip to getting my doctorate and opening my own practice so it's a subject area I'm at least a little comfortable with, and very interested in. A few days ago I was poking around WebMD and came across the article on ADHD. Curiosity got me and I checked out the symptoms.

Well I've got all of them. That's that the only thing lets is to get diagnosed and start my medication. Here's the question, I get out of the Army in 27 days, I got on 102 days of separation leave(and they said I should take leave when it came around lol suckers) at which point I will be reporting into the National Guard.

My three questions, if I get clinically diagnosed as having ADHD will that stop me from being in the military? Is it a bar to enlistment or a qualifying factor in getting a discharge?

Second, since it was not a service related injury or illness and it's something I have had my whole life(for those who don't know, in order to have Adult ADHD you HAVE to have had it as a child, so I wouldn't even be able to bull shit about that one) will treatment, medications, and/or therapy be covered by the VA?

Third, I know that the medical coverage between the regular army and national guard are quite different but I don't know the specifics. Would it be better to spend the 26 days I have left here fighting with an unreliable and mostly unreasonable clinic here, or wait until I'm on leave and go to the VA hospital at home, or wait until I report to my guard unit and seek treatment there?

Oh one final question, I'm slotted for a Sniper slot and(as long as I don't get fucked) will be going to sniper school. If I am diagnosed with ADHD will that disqualify me from the sniper program?

Thanks much for the help.

thefedgotme on October 25, 2011, 05:19:32 AM
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I can basically only answer one of these questions. 

For conditions that pre-exist service, you can still receive compensation and treatment for them if they are exacerbated by service. 

The rest of the stuff relating to the Army and the Guard and Sniper School....I'm clueless on as I've never had to deal with that.  Some of these hooah's might be able to answer those for you.
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thefedgotme on December 29, 2011, 06:06:27 AM
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Ok this will probably have an impact on a few of you guys.  A recent decision by the Court of Appeals for Veterans Claims changed a rule regarding adding dependents to your compensation award if you're 30% or greater. 

It used to be that you only had 1 year from the date you were notified that you were 30% to add your dependents onto your award effective the same date.  If you missed the year, we added them on the date we received the claim.

I'll stop rambling and just paste the new examples now.  As always, any questions, just ask.

Oh...IF THIS APPLIES TO YOUR SITUATION, CALL THE 1-800-827-1000 number and tell them to review your claim for an earlier effective date of dependencyBackground
The Court of Appeals for Veterans Claims (the Court) held in Sharp v. Shinseki, 23 Vet.App. 267 (2009) that
·   there can be multiple rating decisions that establish entitlement to additional compensation for dependents,
·   entitlement to additional compensation for dependents is premised on any rating decision that establishes compensation at not less than 30 percent, and
·   the effective date for additional compensation for dependents is the same as the effective date of the rating decision that granted the entitlement, as long as proof of dependency is submitted within one year of the decision notice concerning the rating decision.

Initial Combined Evaluations of 30 Percent or Greater
This court decision does not affect current procedures for the first time a Veteran’s combined evaluation is determined to be 30 percent or greater.  Regional offices (ROs) must continue to process, develop, and notify Veterans in these circumstances as they currently do.  See M21-1 Manual Rewrite (MR) Part III, Subpart iii, Chapter 5, Section A, Topic 1, Block h (III.iii.5.A.1.h):

When a Veteran's disabilities are evaluated at 30 percent or [greater]
·   include information concerning possible additional benefits for dependents in the award [notice]
·   clear the original end product (EP) when releasing the award [notice], and
·   do not establish EP 130 for control until the dependency information is received.

If the Veteran returns the dependency information within one year from the date of the award notice, pay for dependents from the effective date of the qualifying SC disability  evaluation.

Award notices must continue to notify Veterans of their entitlement to an additional allowance for dependents, as applicable.  Veterans Service Representatives (VSRs) should continue to
·   use the applicable paragraphs in Personal Computer Generated Letter (PCGL) to notify the Veteran which dependents are included on the award,
·   include the appropriate development paragraphs in PCGL if there are dependents that cannot be added without additional information, and
·   include VA Form 21-8764, Disability Compensation Award Attachment Important Information, VA Form 21-686c, Declaration of Status of Dependents, as applicable, and any other applicable forms, including school child verification forms.

Note:  There is no change to the process of adding dependents when dependency arises after the effective date of a qualifying rating decision.  The date of entitlement to additional benefits for dependents continues to be the date of the dependency event if the evidence is received within one year of the event; otherwise, the dependency entitlement date is the date of the dependency claim.  (See M21-1MR III.iii.5.F.35.d.)

Subsequent Combined Evaluations of 30 Percent or Greater
Based on the Court’s decision, there can be more than one rating decision that establishes a disability rating of 30 percent or greater.  Therefore
·   when any rating decision grants a combined 30 percent or greater SC disability  evaluation, ROs will notify the Veteran of eligibility for additional compensation for dependents in exactly the same way they do with an initial grant of a combined 30 percent or greater SC disability evaluation.
·   if dependency evidence is received within one year from the date of the award notice concerning any rating decision granting an evaluation or increased evaluation to 30 percent or greater, the effective date for adding the dependents is the effective date of the evaluation granted in that rating decision.

Notes: 
·   The new procedure does not apply to confirmed and continued (C&C) rating decisions.
·   The new procedure does apply to rating decisions that
o   establish service connection for new disabilities or increase the SC disability evaluation for existing disabilities, even when the combined SC disability evaluation does not change
o   grant total disability for individual unemployability (TDIU)
o   grant special monthly compensation, or
o   establish an earlier effective date for a combined SC disability evaluation of 30 percent or greater.

Example 1
A Veteran has had a combined SC disability evaluation of 30 percent since 2003.  He was notified of that 30 percent evaluation in an award notice dated June 1, 2003, and is not being paid for any dependents.
·   March 17, 2011:  A rating decision grants an increase to an existing SC condition, resulting in a combined SC disability evaluation of 50 percent effective December 14, 2010.
·   March 23, 2011:  The RO sends the Veteran an award notice concerning the rating.
·   January 17, 2012:  The Veteran calls VA and provides all of the information required on a VA Form 21-686c, Declaration of Status of Dependents.  The Veteran states he has been married to the same woman since November 1996, is still married to her, and neither of them have any prior marriages.  The call center representative properly documents this information on a VA Form 21-0820, Report of General Information.

Old Procedure:  We would have added the Veteran’s spouse effective January 17, 2012, the date of the dependency claim. 

New Procedure:  We add the Veteran’s spouse effective December 14, 2010, the effective date of the increased SC disability evaluation. 

Example 2
A Veteran has had a combined SC disability evaluation of 50 percent since 2009.  She was notified of that 50 percent evaluation in an award notice dated November 25, 2009, and is not being paid for any dependents.
·   September 23, 2011:  A rating decision grants a 0% evaluation for a new SC disability effective July 3, 2011.  The Veteran’s combined SC disability evaluation remains 50 percent.
·   October 2, 2011:  The RO sends the Veteran a decision notice concerning the rating.
·   April 3, 2012:  The Veteran submits a fully completed VA Form 21-686c, with all required information to establish her spouse and child.  She has been married since December 3, 2009, and her child was born February 25, 2012.

Old Procedure:  We would have added the Veteran’s dependents effective April 3, 2012, the date of the dependency claim.

New Procedure:  We add the Veteran’s spouse effective July 3, 2011, the effective date of the grant of the new 0% evaluation.  We add the Veteran’s child effective February 25, 2012.

Example 3
A Veteran’s initial combined SC disability evaluation is established at 70 percent effective August 24, 2005.
·   December 1, 2005:  The RO sends an award notice concerning the rating, along with a VA Form 21-686c, and information concerning possible entitlement to additional benefits for dependents.
·   December 9, 2006:  The RO receives the Veteran’s completed VA Form 21-686c, stating he is married, has been married to the same woman since September 23, 1999, and is still married.  Neither of them have any prior marriages.  The spouse is established from December 9, 2006, the date of the dependency claim.
·   November 13, 2009:  A rating decision establishes total disability for individual unemployability (TDIU) effective December 15, 2001.
·   November 20, 2009:  The RO sends the Veteran an award notice concerning the rating.

Old Procedure:  We would not have established the spouse prior to December 9, 2006.

New Procedure:  Because we already have dependency information for the spouse, we establish the spouse retroactive to December 15, 2001, the date TDIU is established.  The award notice must include information concerning possible additional benefits for dependents.  If the Veteran claimed dependents (such as eligible children) on or before November 20, 2010, they also could be established retroactive to December 15, 2001, or the date entitlement arose, whichever is later.


Effective Date of Change
The effective date of this change is the date of this letter.  ROs will not be required to conduct a nationwide review of cases for retroactive benefits.  However, if while processing a case, a VSR notices that a rating decision completed on or after October 15, 2009 (the date of the Court’s decision) would entitle the Veteran to retroactive benefits for dependents, the VSR should take action to correct the award.



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notsane on January 09, 2012, 06:30:27 PM
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Thanks for organizing and providing us with these updated information. I suck at understanding some of this stuff. I have a few questions.
I received my rating decision a few months ago, one of the last paragraphs it states "consideration has been given to an increased evaluation due to additional disability manifested by limitation of motion, etc ....." does this mean if my condition gets worse I won't be eligible for a higher rating later on?

Secondly, I signed up for VA treatment online about 3months ago, and I still haven't received a appointment date. Am I suppose to contact my local VA facility directly? I signed up online, and requested that I wanted a appointment.

Lastly, I never finished all my dental work before I EAS'ed, however they stamped my records indicating I had 90days to get it done after I got out. If its been over 90days, am I pretty much sh*t out of luck having my last recommended dental work covered? Namely, I never got my wisdom teeth pulled. Although, I don't really plan to any time soon unless they start to hurt. However, I heard it can cost up to 1k+ to get them removed.

thefedgotme on January 09, 2012, 07:13:58 PM
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yes, if a condition gets worse, you can request an increase in the assigned %.  the rating decision you got should tell you that they assigned the % based on whatever the criteria is for that condition and then the following paragraph should tell you that the next higher % is assigned for whatever....that second paragraph is what the docs have to say is going on in order for the increase to be granted.  for example a knee injury...10% is assigned for a range of motion of the knee of say 30 degrees, but a 20% evaluation is assigned for a 15 degree range of motion.  if you went in for an exam for an increase, you'd know you can only have that 15 degree range of motion or they will keep your disability % the same.

We are required by law to tell you why we made the decision we made, and then also required to tell you what has to happen for the next higher level.

As for the dental treatment, yeah, you're pretty much fucked unless you file a claim for dental issues because of something that happened while you were in.  Lost teeth during a field op or along those lines, or if you have some medical condition that causes dental problems as a secondary issue.

The medical treatment, it'd be safe to go ahead and contact the hospital directly and try to get an appointment.  i'm not sure how the electronic enrollment is working because the hospital side is completely different than the benefits side.  I just know when somebody files a claim, we tell the hospital to do the exam, and thats done by its own special little section of every hospital.
Uganda is middle class compared to Baltimore.

Dave on January 17, 2012, 07:05:49 PM
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Would you please clarify this:

Quote
If you received regular disability severance pay it a little more forgiving, but not to much.  We will withhold the dollar amount whatever % is assigned to the disabilibility that you got put out for.  If you have more injuries we grant as service connected, you'll get paid for those amounts.  (i.e. if you got out for a knee injury and we grant 10% for your knew, but also 10% for your tinnitus, instead of paying you $243, we'll pay you $123 and apply the remaining balance towards the repayment of the severance pay)

I'm a recently separated E7 with 14.3 years service and my injuries are all service connected though not considered "combat related". I got a 100% VA rating, but 0% from the military, which gives me disability severance of a little more than $100K.

The condition that I was separated for has a 0% rating (outer thigh nerve damage) but I have a list of other issues that tally to over 100% on the VA side. So all things being equal and reading into your statement above, I am hoping that they the VA will only try to recoup 0% of my disability severance pay since the ONE thing I was separated for was a 0% rating. Am I right, wrong or close?

thefedgotme on January 18, 2012, 06:20:19 AM
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without being able to see exactly what the meb/peb states, yes, they should only address the 0%, which means there is no recoupment at all.

if there are other things on the meb/peb, it's possible they could attempt to recoup those also.  If you ever get a letter saying they propose to reduce your compensation payment in order to start recouping money, I would advise that you request a personal hearing within 30 days of receiving that letter, and them making them show you where their justification is.

are you already receiving benefits?
Uganda is middle class compared to Baltimore.

Dave on January 18, 2012, 09:32:07 AM
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Thanks for the fast answer.

I'm not receiving anything yet. I just turned in my DD214 to the VA yesterday.

Quote
without being able to see exactly what the meb/peb states

What do you need to know? I have all the paperwork right here.

Boomstick? on January 19, 2012, 09:34:39 AM
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Not gonna read through every question.

What percentage should I expect for developing asthma due to my location while in the Corps?

All is documented and diagnosed by Naval Hospital Okinawa, no proof that it is because of Oki, but it is documented that I developed it while in the Corps.
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thefedgotme on January 23, 2012, 08:14:53 AM
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That all depends on the severity of it.  I'm attaching the criteria for each assignable disability level below.  I started at the 100% level and worked down.  The retarded stuff is what would have to be the results of the examination for it.

FEV-1 less than 40-percent predicted, or; FEV-1/FVC less than 40 percent, or; more than one attack per week with episodes of respiratory failure, or; requires daily use of systemic (oral or parenteral) high dose corticosteroids or immuno-suppressive medications...100%

FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 to 55 percent, or; at least monthly visits to a physician for required care of exacerbations, or; intermittent (at least three per year) courses of systemic (oral or parenteral) corticosteroids...60%

FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 to 70 percent, or; daily inhalational or oral bronchodilator therapy, or; inhalational anti- inflammatory medication...30%

FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 to 80 percent, or; intermittent inhalational or oral bronchodilator therapy...10%

Note: In the absence of clinical findings of asthma at time of examination, a verified history of asthmatic attacks must be of record.
Uganda is middle class compared to Baltimore.

Boomstick? on January 24, 2012, 06:46:52 AM
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So 30% if i was prescribbed a daily use inhalor/ emergency room visits for asthma attacks in past?

Thanks for that btw.
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thefedgotme on January 24, 2012, 07:20:55 AM
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yup
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Captain Awesome on January 27, 2012, 07:26:01 AM
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Recently got awarded my new %, which is high enough to allow me to claim dependents. I was reading through the new rules for adding dependents above, but don't quite get it.  I just recently received the award (within last several months) and just today applied to get my wife added (we got married back in 2006 when I was still in). Am i going to get back paid, since I filed my claim to add dependents less than a year from that award and we were married when I was still active duty?

thefedgotme on January 27, 2012, 08:01:24 AM
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yup.  they will add her the date you became at least 30%
Uganda is middle class compared to Baltimore.

Captain Awesome on January 27, 2012, 08:24:35 AM
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Only till then, and and not since EAS? Since they back paid me for the change in award since my EAS.

thefedgotme on January 27, 2012, 08:59:26 AM
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that is the date you got the 30...that was retro also probably.

if everything was filed within 1 year of discharge, the day following will be your effective date in most instances.  in the instance where we couldnt make a complete decision and had to defer issues, once they're rated, they go back to the original effective date, so eventhough you just got the decision, the effective date should be the day following discharge.  it'll say what the effective date is right in the Decision section of the rating
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Captain Awesome on January 27, 2012, 09:03:19 AM
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Right on. Thanks Fed, for the good info. I'll take a look and make sure, but I think you're right on the date.

thefedgotme on January 27, 2012, 09:22:02 AM
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wait i just read through the prior pages and noticed your in Virginia.  if you want you can PM me your c number and I can see if I can get my friend out there (she works the post side which is what takes care of the issue you're having) to see wth is going on/get it done
Uganda is middle class compared to Baltimore.

damn03 on February 02, 2012, 11:12:56 PM
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Please tell me i got this right, because i think im still getting disability paychecks when i shouldnt be:

- i EAS'd
- i was IRR collecting dis% pay per month as a civilian
- i decided i wanted some more USMC, so i am drilling with reserves now
- i get drill pay and dis% pay concurrently throughout the year
- when january comes around, the usmc sends a letter to the V.A. stating how many days i drilled in the previous year, then the V.A. sends me a letter to confirm the number of days drilled
- number of days drilled are prorated. taking the dis% pay divided by 30 = prorated day $.
- my number of days drilled multiplied by prorated day $ = what i "owe," for lack of better term
- the V.A. begins to withhold dis% paychecks until what i "owe" is paid back
- after what i "owe" is paid back, dis% paychecks start coming monthly again

crockpotdefender03 on February 03, 2012, 12:00:07 AM
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damn03, you're in the reserves but you still paid for disability when you're not drilling or activated?
Just how in the hell does that work? At least it doesn't make sense to me. They let you in the reserves even though
you have a disability rating?? That's the part that puzzles me the most.  So during your drilling time and activation
periods as a reservist you apparently no longer suffer from those service related disabilities anymore? At least
from your post that's how it seems to work. I know a guy who got recalled while he was collecting like 20% disability
so I'm still confused on that part too.

damn03 on February 03, 2012, 06:55:12 AM
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damn03, you're in the reserves but you still paid for disability when you're not drilling or activated?
Just how in the hell does that work? At least it doesn't make sense to me. They let you in the reserves even though
you have a disability rating?? That's the part that puzzles me the most.  So during your drilling time and activation
periods as a reservist you apparently no longer suffer from those service related disabilities anymore? At least
from your post that's how it seems to work. I know a guy who got recalled while he was collecting like 20% disability
so I'm still confused on that part too.

c'mon crock, read more of this thread:
Drill Pay's Effect On Compensation:

10 U.S.C 12316(a) Except as provided by subsection (b), a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of his earlier military service is entitled to a pension, retired or retainer pay, or disability compensation, and who performs duty for which he is entitled to compensation, may elect to receive for that duty either—

(1) the payments to which he is entitled because of his earlier military service; or
(2) if he specifically waives those payments, the pay and allowances authorized by law for the duty that he is performing.

What is Drill Pay? 
Pay for duty performed by National Guard and Reserve units to fulfill their federal missions, either by:
1.  ADT (Active Duty Training) normally consists of a two week period of training duty, or
2.  IADT (Inactive Duty Training) normally consists of a weekend (Sat & Sun) MUTA (Multi-Unit Training Assembly). This duty is paid to the soldier for four periods during a weekend, or 4 days.

Waiver Required
Note:  A veteran must waive either VA benefits or Military pay and allowances.

Those veterans desiring to retain their drill pay must complete VA Form 21-8951-2, “Notice of Waiver Of Va Compensation Or Pension To Receive Military Pay And Allowances.”  Those veterans wishing to retain military pay and allowances must file annual waivers.

Basically...if you receive compensation and drill pay, at the end of the fiscal year you will get a letter saying that you did xxx days of drill and that the VA will offset your compensation by that many days.

The problem is that the programs that are used give us an incorrect amount of days, so therefore we end up withholding to much money because nobody pays attention to their mail then it takes you forever to get it fixed and get your money back.

crockpotdefender03 on February 03, 2012, 09:23:44 AM
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I get that you get paid for your drill time and activation time. What I don't get is why they let someone with a disability rating join the reserves.

damn03 on February 03, 2012, 02:55:38 PM
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I get that you get paid for your drill time and activation time. What I don't get is why they let someone with a disability rating join the reserves.

Because I wasn't med-sep'd

thefedgotme on February 03, 2012, 03:06:04 PM
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03, your breakdown is right.
Uganda is middle class compared to Baltimore.