4. You have had a temporary rating and VA tells you that they are going to reduce that rating.
Prostate cancer is the most frequent rating VA tries to lower. Many, many VA ratings are assigned as temporary ratings during recuperation or are conditions that VA believes will improve with treatment over time.
The term "future exams are scheduled" is your signal that a benefit rating is temporary. The term "permanent & total" is the signal that the benefit is permanent although "permanent" may not mean what you think it does.
All cancer diagnoses are rated as temporary.
VA assumes you will get treatment and be cured. This is why there is a conflict when prostate cancer (PC) is service connected.
The prostate cancer rated veteran is usually a Vietnam vet who has a presumptive agent orange associated cancer. The usual course of the claim is that the RVN veteran gets a diagnosis of PC and then files a claim.
There is always a perfunctory C & P exam. The VA will respond with a temporary 100% service connected rating. The veterans file
will be flagged to schedule a future exam, usually 6 months or so after the assumed treatment. If the veteran chooses treatment such as surgery, radiation or chemotherapy, the C & P exam will determine the residual effects of treatment and the 100% temporary rating will usually adjust downward to reflect any disabilities caused by treatment of the service connected condition.
2. You filed a claim for a benefit and the rating is too low.
File a NOD
Use certified mail and send the form to:
Department of Veterans Affairs
Claims Intake Center
PO Box 5235
Janesville, WI 53547-5235
Also send a copy via fax to:
Toll Free Fax: 844-822-5246
If you have applied for a disability benefit and the benefit is awarded but the rating is too low, you're probably going to have to manage the appeal yourself. Since you weren't denied the benefit, a veterans law attorney won't be able to help in most cases.
You can manage your own appeal. File the NOD as above. As you fill in the NOD form, tell VA that you believe you should have a higher rating.
Explain why you believe your rating should be higher. Compare ratings at The Schedule For Rating Disabilities.
Use examples from The Schedule to support your appeal for a higher rating.
How To File An Appeal Of A Benefit Denial
Notice of Disagreement NOD
We urge vets to talk with an attorney.
It doesn't cost anything to discover your options.
VAWatchdog does not recommend that any veteran proceed into an appeal unless he/she is represented by a skilled attorney.
Appeals, indeed all claims, have become much more complex. The RAMP appeals process has made the system more complex than ever. This has opened a door to the VBA making more mistakes than any other time in history
Along with all this is the fact that VBA has become more willing to fight appeals.
You deserve an advocate who is trained in law and skilled at the task.
Urgent Care Centers
One of the most important benefits you have today is
the authorization to use an urgent care center
near to you. But first, you have to
to take with you. Don't wait until you need this
benefit to prepare for it. Read this now,
print your papers and be prepared!
Google Tracks You
and we don't.
DuckDuckGo apps block
Google's hidden trackers.
The world needs an alternative
Robert Wilkie <robert.wilkie@va.gov> 855-948-2311
November 19th 2019
'How To Lie With Statistics'
Medical Marijuana Card
Tell the doctor you saw it on VAWatchdog
and ask about veterans discounts!
Government Accountability Office
Focus Needed to Prevent Disqualified Providers from Delivering
The Department of Veterans Affairs (VA) Launchpad
App for Veterans (VA Launchpad) contains select VA applications (apps) for Veterans and their Caregivers.
New apps will automatically appear in the VA Launchpad when they become available. Organizing VA health information and resources into five categories, it quickly accesses and launches the VA app of your choice. With VA Launchpad, VA intends to save you time and help you better integrate available VA apps into your life.
The Schedule For Rating Disabilities
If you're thinking of filing a claim or initiating an appeal of a denied claim, this is your new best friend. The details of exactly what you need to meet a rating are here and in use every day. Yes, it's complex. Yes, it's cumbersome. Yes, knowing how to use The Schedule is a necessity if you want to file a successful claim. Go for it!
Vets being duped by Social Security rumor mill
Owe VA Money???
To Loneliness And Isolation For Seniors
Did you know that hearing loss and tinnitus are the
most commonly rated veterans disabilities? Did you
know that hearing loss and tinnitus can cause
other secondary conditions, particularly mental
health problems like depression and loneliness?
Just who do you think you are?
Stats about veterans.
Percent of U.S. adult population who are veterans in 2017, by state
Employment Data for Veterans With Disabilities
Employment Situation of Veterans Summary
Immigrant Veterans in the United States
Demographics of the U.S. Military
Veterans and Military Documents
Military Programs and Benefits
Research A Veteran
Tobacco Use in the Military
Facts on Veterans and Entrepreneurship
American War and Military Operations Casualties: Lists and Statistics
Tinnitus and hearing loss among
Veteran Social Security Beneficiaries
Veteran-Owned Businesses and Their Owners
48 Interesting U.S. Military Facts
The American Veteran Experience and the Post-9/11 Generation
National Center for Veterans Analysis and Statistics - Quick Facts
Global Firepower - 2019 World Military Strength Rankings
PAPER Evidence Records
and Claims All Go Here
V A Claims Intake Center
PO BOX 4444
JANESVILLE, WI
53547- 4444
Toll Free Fax:
844-531-7818
Key findings about America’s military veterans
The experiences of post-9/11 veterans differ from
those who served in previous eras. Post-9/11
veterans more likely to have been deployed,
seen combat, experienced emotional trauma
Military Records DD 214
Official Military Personnel Files (OMPFs)
Official Personnel Folders (OPF)
Can VA Disability Compensation Be Used
to Calculate Child Support or Income?
Veterans' disability benefits are compensation for
the veteran's impaired earning capacity and are intended to "provide reasonable and adequate compensation for disabled veterans and their families." They are not supposed to be for the sole support of the veteran, but can be counted in child support calculations to provide for the veteran's dependents as well. If the veteran wasn't disabled, he would be earning an income upon which the court would base child support; since disability benefits replace that income, child support can be based upon it.
Hey Jim...
Can you offer me some advice about;
Discharge upgrade from "general under honorable", a Statement in Support of Claim, Hypertension and aortic stenosis, Total Knee Replacement, Married only one year and now divorcing, Endoscopic sinus surgery before separation from the USAF, Heart diseases and Agent Orange, Facing eviction from home of 20 years, TDIU and DOD disability, Can't get medical because supposedly get ChampVa, Korean vet and Agent Orange, Mother is VA fiduciary but won't give vet $$, Bad paper discharge for smoking pot, Becoming guardian for son with TBI, Getting service-connected rating for injury, SSDI denial even though 100% P & T for PTSD...
and many other topics that affect your life.
Yes...I'll answer just about any question you have, I'm privileged to have resources that I can ask when I don't know the answer...often enough as it happens.
We publish the messages we get from you anonymously, we won't use your name or give up your email address. We publish your emails exactly as they arrive here otherwise and we share the answer with other vets and their families so we all benefit.
We'll be around...ask us.
Why You Need An IMO!
Accuracy of Claims Decisions Involving
The OIG determined that VBA incorrectly
processed more than half
of the 62,500 veterans’ claims.
You've Arrived at the VAWatchdog Dot Org!
Welcome Home
We've been keeping veterans informed of news and events important to them since 2005.
You'll find all you need to file your claim and referrals to professionals who can help you when things don't go well.
What you won't find here is unending chat or opinions from strangers who like to think of themselves as experts.
Our goal is to ensure that you are awarded the benefits you earned with your service to our country.
We're here to help you take charge of your benefits, and that is all.
Extra schedular ratings under 38 C.F.R. § 3.321(b)
How can I get an extra schedular rating?
To receive an extra schedular rating the veteran must first show that the veteran’s conditions result in a disability picture that is not covered by the schedule of ratings.
C&P Service Clinician’s Guide
Scheduled For A C & P??? Filing A Claim?
This is a must read for you!!!
I've been posting this again and again over the years
and it's still one of the best ways I know to win
your case. Published in 2002 the principles and much of
the verbiage still applies and is in daily use at the VA.
Five Reasons to Appeal
1. You filed a claim for a disability benefit and were denied.
2. You filed a claim for a benefit and the rating is too low.
3. You've been denied a health care benefit, for example...prosthetics or dental services.
4. You have had a temporary rating and VA tells you that they are going to reduce that rating.
5. You've been notified that VA is proposing to appoint a fiduciary.
How to Appeal
1. You filed a claim for a disability benefit and were denied.
File a NOD
Use certified mail and send the form to:
Department of Veterans Affairs
Claims Intake Center
PO Box 5235
Janesville, WI 53547-5235
5. You've been notified that VA is proposing to appoint a fiduciary.
You have the right to appeal any benefits decision made by the Veterans Benefits Administration.
The VA appeals process is set in law and is different from other judicial appeals processes.
Have you already filed an appeal? When the Veterans Benefits Administration Regional Office receives your
Notice of Disagreement, you’ll be able to check the status of your appeal on Vets.gov.
How long does it take VA to make a decision? 12-18 months.
The Veterans Benefits Administration usually takes 12-18 months to review new appeals and decide whether to grant some or all of the appeal.
When you request a review from a Veterans Law Judge at the Board of Veterans’ Appeals, it could take 5-7 years for you to get a decision.
3. You've been denied a health care benefit, for example...prosthetics or dental services.
You must appeal in writing to the director of your health care facility.
To appeal a denial of a health care benefit, you'll have to contact the director of your facility, usually at the VA hospital that is the hub for the facility that denied your benefit.
You must send the letter to the director at the VAMC address and you must use certified mail.
In your letter you should be as brief as you can when describing the problem you're having with your health care benefits.
Veterans PTSD Assessments
Independent Medical Opinions PTSD DBQs
Thomas Grieder, MD, PhD
Twenty five years service as a VA psychiatrist
Assistant Professor and Associate Clinical Professor
UCLA Department of Psychiatry and Biobehavioral Sciences
Lead psychiatrist for the East Los Angeles PTSD Clinical Team
Contact Dr. Grieder
Has VA medical care caused you an injury or other harm?
You can sue the VA for medical malpractice but it's a complex process and you'll want lawyers who have
done this successfully in the past. There are strict time limits and draconian regulations to follow.
Get some advice today...call now!
Medical Malpractice - Veterans 1151 Claims
Hodes Milman LLP
VA Malpractice Attorneys Helping Veterans Harmed By The VA
Veterans Healthcare Rights - Federal Tort Claims -
VA Medical Malpractice Claims, Misdiagnosis, Hospital Negligence, Medical Errors
For a review of your VA malpractice case contact our lawyers today. Our firm serves throughout the nation, and is one of the few firms to have specialized experience in VA malpractice cases.
Call Now! (949) 640-8222
Prostate Cancer Evaluations
Many veterans who are diagnosed with PC choose a new way to deal with it. Men are more and more often choosing "watchful waiting" or "active surveillance." Men who choose this option receive no treatment and their cancer remains active. Thus, they are entitled to the 100% temporary rating for the duration of their disease process.
Simple enough, right? But VA will still manage to screw this up. If during the follow-up exam (this may be a phone call exam) the examiner doesn't understand that your cancer is active, he may rate you as 0% disabled because you aren't having the typical post-procedure problems like frequent urination or erectile dysfunction. If you are taking any medicine for your benign prostate hypertrophy (BPH) the examiner may note that as prostate cancer treatment and VA will propose to reduce your 100% rating. Common medicines for BPH are tamsulosin (Flomax) or terazosin (Hytrin) dutasteride (Avodart) or finasteride (Proscar).
If you take any of the above medicines for BPH the VA is likely to try and reduce your 100% PC rating to 0%.
If you are a veteran who is service connected for prostate cancer and you have chosen watchful waiting and VA proposes to lower your rating, you must take action right now.
Nobody will help you with this, you must DIY.
VA usually encloses instructions of what to do if you disagree with their decision or proposal.
Carefully read any instructions. Read them again. You must notify VA in writing that you still have cancer.
You must notify VA in writing that they made the wrong decision. You should tell them that due to an inadequate examination, they are making a mistake attempting to lower your 100% rating.
Be brief, be courteous, stick to the facts in your letter. One single page is enough.
Use certified mail to send your letter to:
Department of Veterans Affairs
Claims Intake Center
PO Box 5235
Janesville, WI 53547-5235
Then fax a copy to:
Toll Free Fax: 844-822-5246
We've used prostate cancer as our example here but the above instructions apply to other conditions as well.
How Do You Apply For Social Security Disability Benefits?
Information on social security disability benefits
Presumptive Benefits...what are they?
When you claim that a disabling condition is caused by military service, you have to prove that allegation.
Or do you?
No-Cost Flu Shot Options for Veterans
This year, enrolled Veterans of the VA health care system have several options to get a flu shot. VA now offers more options, easy access, and seamless records.
your disability claim
If you’ve filed a claim for disability compensation, you can continue uploading more evidence for up to one year to support your claim. Evidence may include supporting documents like medical test results, doctor’s reports, and other records. Upload your evidence online now.
Give veterans more health care options!
Tell your lawmaker
Veterans deserve more choice
I did that for years & it's
the best thing ever. Get
into the belly of the beast.
Do You Need
Medical Care
RIGHT NOW?
You are already authorized
to use an urgent
care clinic!
Jim Strickland is a Vietnam era Army veteran and nationally recognized expert on VA disability benefits
and a member of the Stateside Legal Website Advisory Board. Jim's Mailbag, is a regular column where veterans,
servicemembers, and family members can ask Jim their questions about VA and Social Security disability benefits.
You can browse all of these Q&As here, and search the Jim's Mailbag archives for helpful answers.
Everything you ever wanted to know about how
the VA benefits system works but were afraid to ask.
Welcome to the
VAWatchdog Dot Org
How to download VA benefit letters
To receive some benefits, Veterans need a letter proving their status. Access and download your VA Benefit Summary Letter (sometimes called a VA award letter) and other benefit letters and documents online.
The Google IT Support Professional Certificate
The IT Support Professional Certificate, developed by Google and hosted on Coursera, can help you become ready for an entry-level job in IT support in under six months. No experience is necessary.
Veteran Disability Claims: Nexus and IMO Letters
To meet the nexus requirement, the veteran must have an evaluation by a physician that will establish that the veteran is indeed disabled and also that his disability is as likely as not caused by his military service. There are two methods used to establish such a nexus; one is independent medical examination and the other is independent medical opinion.
Why Getting a Diagnosis Matters
A diagnosis does so much more than get noted in your medical history. It also can help you apply for programs like Social Security Disability and medical marijuana cards. And maybe even more importantly, it can help you explain yourself to friends, colleagues and family.
The VAWatchdog
doesn't ask for donations, we don't have fees, we don't ask you to register...you can't find a way to give us your money. We're supported by advertising. When you shop via the VAWatchdog,
we'll get a small piece of that.
You get top quality at a good price and you support our mission.
Thank you!!!
Create or update your will fast / 100% free
Make your will with FreeWill today
Healthcare directives,
proxies, living wills and durable financial power of attorney.
All are free to use.
Is your disability pay fair game in a divorce?
(Yeah, it is...)
Lodging & Camping in southern Illinois with access to the Shawnee National
We offer lodging, camping,
stabling, corral, pasture,
access to a hunting lease and
discounts for America's
military veterans!
Get your VA medical records online
Our online tools can help you view, organize,
and share your VA medical records and personal
health information. Find out if you’re eligible
and how to sign in to start using these tools.
VA Releases Survivors Quick Start Guide
Reference guide to help during final
arrangements planning
How about Medicare Parts A and B?
Maybe Part F+? Part D?
Oh, unless you live in
Massachusetts, Minnesota or Wisconsin.
Confused? Just wait until you hear about
programs such as Medicare
Part C or a Medicare Advantage policy.
Overpayment? VA proposing to claw back
money from your benefits? Submit a Compromise Offer to the Debt Management Center.
How to ensure seamless care while traveling
How Much Can I Earn Without Losing
My Social Security?
The amount you can earn will depend on your
age and through which program you're
getting Social Security benefits.
An IMO by an expert often makes the difference!
Other-than-honorable discharge?
You’re still eligible for VA mental health care
Pre-order, trade-in, hardware, software, accessories...
What more is there?
In Future Wars, the U.S. Military Will
Have Nowhere to Hide
New technologies enable Russia and China
to destroy U.S. bases and logistics networks
—including those on the homeland.
What You Should Know about Disability and Debt
There Are Protections...When it comes to debt collection, disability income enjoys special status.