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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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  • 0

Abestos Lung Desease And Copd

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Posted · Report post

Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

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10 answers to this question

Posted · Report post

If it was my claim I would get a medical opinion that refutes the DRO and also ask for a review cause of the inaccurate information including any paper work that shows you actual condition and use of oxygen.

I would also ask your VSO to help.

Welcome to Hadit

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Posted · Report post

Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

Here is the reg you need to use: That decision was flawed.

3.383 - Special consideration for paired organs and extremities.

(a) Entitlement criteria. Compensation is payable for the combinations of service-connected and nonservice-connected disabilities specified in paragraphs (a)(1) through (a)(5) of this section as if both disabilities were service-connected, provided the nonservice-connected disability is not the result of the veteran's own willful misconduct.

Read more: http://cfr.vlex.com/vid/383-consideration-paired-organs-extremities-19775527#ixzz1D11IwLA1

Basser

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Posted · Report post

Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

Good Luck. My husband is on oxygen therapy on exertion and at night. He has pulmonary fibrosis and was exposed to agent orange. He also has Asthma. I wish they would recognize this. They did the IHD with AO, but not the lung disease.

Can you apply for Asthma with an agent orange connection?

He has also applied for PTSD. I have seen somewhere that some have said that there might be a link between Asthma and PTSD, but I really do not know.. It was not on this site, I do not think.

Mrs. Rockman

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Posted · Report post

Asthma is a lung condition. This is a question of the following?

The Veteran in this case has a service connected lung condition and another lung condition non service connected. They took away half of the rating because they decided they could. Well, they cannot do what they did to this vet.

You may be able to file a claim for the asthma aggravating your husbands IHD. Check into it.

Hope this helps.

J

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Posted · Report post

John can you expand on that?

Are you saying the lungs are a paired organ?

This vet must fight this decision-they are probably saying the COPD and any lung problems are not related but the VSO is right- they are "inextricably interwoven." ( COVA legalize) and the asbestos disability Must be aggravating the COPD unless somehow the COPD was diagnosed prior to the asbestos Problem???

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Posted · Report post

TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS

PART 3 - ADJUDICATION

3.383 - Special consideration for paired organs and extremities.

(a) Entitlement criteria. Compensation is payable for the combinations of service-connected and nonservice-connected disabilities specified in paragraphs (a)(1) through (a)(5) of this section as if both disabilities were service-connected, provided the nonservice-connected disability is not the result of the veteran's own willful misconduct.

(1) Blindness in one eye as a result of service-connected disability and blindness in the other eye as a result of nonservice-connected disability.

(2) Loss or loss of use of one kidney as a result of service-connected disability and involvement of the other kidney as a result of nonservice-connected disability.

(3) Hearing impairment in one ear compensable to a degree of 10 percent or more as a result of service-connected disability and hearing impairment as a result of nonservice-connected disability that meets the provisions of 3.385 in the other ear.

(4) Loss or loss of use of one hand or one foot as a result of service-connected disability and loss or loss of use of the other hand or foot as a result of nonservice-connected disability.

(5) Permanent service-connected disability of one lung, rated 50 percent or more disabling, in combination with a nonservice-connected disability of the other lung. (

b) Effect of judgment or settlement. (1) If a veteran receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the nonservice-connected disability which established entitlement under this section, the increased compensation payable by reason of this section shall not be paid for any month following the month in which any such money or property is received until such time as the total amount of such increased compensation that would otherwise have been payable equals the total of the amount of any such money received and the fair market value of any such property received. The provisions of this paragraph do not apply, however, to any portion of such increased compensation payable for any period preceding the end of the month in which such money or property of value was received.

(2) With respect to the disability combinations specified in paragraphs (a)(1), (a)(2), (a)(3) and (a)(5) of this section, the provisions of this paragraph apply only to awards of increased compensation made on or after October 28, 1986.

© Social security and workers' compensation. Benefits received under social security or workers' compensation are not subject to recoupment under paragraph (b) of this section even though such benefits may have been awarded pursuant to a judicial proceeding.

(d) Veteran's duty to report. Any person entitled to increased compensation under this section shall promptly report to VA the receipt of any money or property received pursuant to a judicial proceeding based upon, or a settlement or compromise of, any cause of action or other right of recovery for damages for the nonservice-connected loss or loss of use of the impaired extremity upon which entitlement under this section is based. The amount to be reported is the total of the amount of money received and the fair market value of property received.

Read more: http://cfr.vlex.com/vid/383-consideration-paired-organs-extremities-19775527#ixzz1D1iGe4kH

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Posted · Report post

Any decisions showing that COPD and a heart condition are "inextricably interwoven"?

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Posted · Report post

Any decisions showing that COPD and a heart condition are "inextricably interwoven"?

They do go hand in hand, however they are not considered inter twoven, A person who has one condition Service connected and the other one NSC needs to get a doc to state the aggravation of each to each other.

J

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Posted · Report post

Thanks J, That's good advice.

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Posted · Report post

If it was my claim I would get a medical opinion that refutes the DRO and also ask for a review cause of the inaccurate information including any paper work that shows you actual condition and use of oxygen.

I would also ask your VSO to help.

Welcome to Hadit

I had a weird experience with lung problems..

I had pnumonia in the usaf and was hospitalized..

onc eina while I would complain to my doctors after I left the USAF about breathign issues shortness of breath..

I chalked it up to intestinal disease cuaind secondary issues..

I never put it in a claim..

my claim has always been chemical exposure, intestinal disease, and neurolgicial disease..

but, when I was hospitalized for the removal of a pancreas syct, I developed lots of othe rproblems..

for at least 2 months I had to breath into a tube to expand my lungs and they x-rayed my lungs at least once a day for 2 months, maybe more while I was an inpatient and confined to a bed for 6 months.. in the VA hospital with lots of blood infections, pancreas, etc..etc... they (the doctors and surgeons) kept grilling me eveyr day asking what I had worked with and what i was exposed too.. they told me I had spots growing in my lungs..)

a couple months later they told me the spots were o longer showing up...

keep in mind I was also getting lots of cat scans and mri's for the pancreas too..

I was not able to move on my own so they tried to do most in my hospitla bed but often I would be wheel into the x-ray dept.

I stil have no clue what happened with these lung problems, and after six months they no longer were concerned with my lungs..

gotta tell ya, it was very bizarre and they were very pushy when they wanted to know what was in my lungs..

I could only tell them my usaf jobs and was unaware about asbestos etc.... only what my jobs were..

btw, my father died of COPD,, he was a disabled Navy vet. he served at Hawai and the Marshal lIsland during Korea..

he smoked 2 packs a day and they still gave have him 100% disability without having to appeal.. they just gave him 1 exam.. he never went to one doctor during his whole life and I knew him until his death at age 62..

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