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You quit when the gorilla is tired." — Robert Straus
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Spine Pain Independent Medical Opinion
James Shields, MD, MBA...A Board Certified Physician
Veteran Spine Pain, Weakness, Stiffness, Neck or Cervical Pain, Fibromyalgia,
Intervertebral Disk Syndrome, Decreased Range of Motion, Degenerative Arthritis
of the Spine, Hip Pain or Weakness, Shoulder Pain or Weakness
Greg served in the Air Force as a C-17 loadmaster in both Operations Enduring
Freedom and Iraqi Freedom. Greg's practice includes VA disability compensation
appeals, Individual Unemployability (TDIU) claims, MST, PTSD and other mental health disability claims and appeals and other veterans disability claims processes. Attorney
Rada offers free telephone case evaluations as well as nationwide representation.
Call today! 844-838-7529
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Brett Valette, Ph.D.
Providing Military Veterans Personalized Psychological and Medical Evaluations. Complete the Contact form, and you'll get a personal phone call from us. We listen, and want to know what you are going through. We provide Independent Medical Evaluations (IME), Independent Medical Opinions (IMO) and nexus letters for ratings reviews, secondary conditions, medical conditions, discharge upgrades, and many types of denied claims. We also provide Social Security Disability claim reports.
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Jim Strickland is a Vietnam era Army veteran and nationally recognized expert on VA
disability benefits. Jim writes extensively about VA and Social Security disability benefits.
Jim's Mailbag is a regular column featured at Stateside Legal where veterans, servicemembers,
and family members can ask Jim their questions about VA and Social Security disability benefits.
SCRA
Question:
Good Day, I have bought a car through a Chevrolet dealership and it was financed through Credit Acceptance. For the past two months, I have been trying to get the SCRA on my financed car through Credit Acceptance. They keep telling me they are unable to do so unless they get my Active Duty orders, which I sent to them. And when I call, they are telling me I should speak to the Chevrolet dealership n order to get it.
Reply:
The Servicemember's Civil Relief Act (SCRA) covers many financial legal actions that can happen when you're called up for active duty or suddenly deployed from your home. I'm not sure how it is that you believe that SCRA should be in effect for you but I have to point out that the SCRA provision doesn't provide you protection from paying your debts. If you don't meet the specific eligibility requirements for SCRA, then actions like repossession can and do happen and then you're left to sort it all out in court later. If you feel that an auto dealership has caused you financial harm and that SCRA applies to your situation, you should consult a JAG or a civilian attorney.
Presumptive Conditions
A "condition", in the language of the VA, is any disease, illness or injury that occurs during active duty military service.
To be service connected and eligible for a disability compensation rating, the condition must be caused or contributed to by an event that occurred during service.
If the condition existed prior to service, it must be shown to have been aggravated (made worse) by military service.
To achieve a disability compensation rating, the veteran must prove that he or she had appropriate military service, that an event that caused the claimed condition occurred and that a medically diagnosed condition that is disabling exists today.
The regulations that govern presumptive conditions only eliminate the requirement to prove that an event caused the condition. For example, a Vietnam veteran does not have to prove that agent orange caused the diabetes he has today. It is presumed that he was exposed to agent orange and also that agent orange is at the root of the diabetes.
While agent orange and the Vietnam veteran are the best known of all presumptive conditions and ratings, atomic veterans, certain Korean veterans and other veterans may also be eligible for presumptive ratings of certain conditions.
The regulations are complex. Some veterans who have a Vietnam Service Medal aren't eligible for presumptive ratings because they didn't set their boots on the soil of the country of Vietnam.
Many Korean veterans don't realize that they may be eligible for service connections due to exposure to the herbicide agent orange.
If you believe that you may be eligible for any presumptive condition and rating, the best way to find out is to file a VA disability claim. The process of adjudication is the only sure way to know.
Presumptive Veterans Disability Conditions
Question: Service connected prostate cancer is temporarily rated 100% disabling until veteran receives surgery treatment. Approximately six months following treatment, VA evaluates 100% rating and if PSA is considered undetectable at time of evaluation, VA reduces rating to applicable % for any secondary conditions. Reason for rate reduction is VA considers veteran cured of prostate cancer due to undetectable PSA. Five years hence of rate reduction, veteran diagnosed with biochemical prostate cancer recurrence and is treated again, this time with radiation therapy and adjuvant hormone deprivation therapy. The VA increases disability rating to 100% due to active cancer recurrence. Again, 100% rating is temporary and subject to VA evaluation approximately six months following treatment. Likewise, if PSA level is again undetectable, VA will reduce 100% rating because the veteran prostate cancer is considered cured once again. So how many times must the prostate cancer recur and be treated before the VA rates the disability permanent?
Answer: Great question. The answer...maybe never.
The VA stance on whether or not any cancer is permanent is in need of an update by Congress. For that matter, the entire VA disability rating system is ancient and doesn't serve anyone well today. Attempts have been made to get the system updated and failed.
The Dole Shalala Commission was probably the most thorough analysis and recommendation update I've seen. It was complete, workable, understandable and affordable so it was promptly shelved by VA.
Let your Congressional representatives know how you feel and maybe some day we'll have a system that works.
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Graduate of the US Military Academy West Point
20 years of active Army service, multiple deployments, tours with 2 Infantry
Division, 10th Mountain Division , XVIII Airborne Corps, and Third Army,
Airborne and Master Explosive Ordnance Disposal badges.
Graduate of the Command and General Staff College Master's Degree in
Strategic Planning from the School of Advanced Military Studies
Jim Strickland
jim912@gmail.com
Never Stop Reading
Never Stop Learning
Schedule for Rating Disabilities
When You Hit A Dead End
The Department of Veterans Affairs
White House Hotline
855 - 948 - 2311
< Denis.McDonough@va.gov >
Yes, this really works. No, it doesn't ring in the White House. The email address and phone number are staffed by a seemingly serious group of players, many who are veterans, and if you have a legit issue, telling these folks is like bringing in the artillery. Let's prepare for your call or email. Make some notes before you proceed so you don't forget anything. I prefer email since there's no waiting for someone to answer and I can take my time to prepare the story in just the right detail. Be sure to include your DOB, your last 4, contact info...a couple of numbers, your preferred email and such. Describe the problem as briefly as you can. Less is more. Include the necessary components but don't tell your life story. Don't rant. Be polite...military courtesy will get you places that hollering IN ALL CAPS won't. Respect! Don't waste their time with bogus complaints about your feelings being hurt. If you appropriately utilize this service, I'll vouch that this works like a champ. Tell them you read about this at The VAWatchdog Dot Org...they know who we are.
How Can Military Veterans Maximize Their Tax Benefits?
Expert explains tax breaks for military members
C&P Service Clinician’s Guide
When the examiner says, “more likely than not”
or “at least as likely as not”, how
does that affect the outcome of your claim?
Independent Medical Opinions Nexus Letters
Thomas Grieder, MD PhD
25 Years Service as a VA Psychiatrist
Lead Psychiatrist East Los Angeles
PTSD Clinical Team
I'm Jim Strickland
and I approve of this message.
Title 38 - Pensions, Bonuses, and Veterans' Relief
Volume: 1
Date: 2019-07-01
Original Date: 2019-07-01
Title: PART 17 - MEDICAL
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Welcome Home! I'm Jim Strickland. I'm an Army vet, I was 91-D20 in USAREUR at the
98th General Hospital near Camp Baumholder 1967 - 1970. I publish the VAWatchdog
Dot Org to help you obtain the benefits you earned by your service to our country.
I'll also share what I'm reading today, the important stuff. An informed veteran
is a successful veteran. Feedback is always welcomed.