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Veterans Medical Insider

Craig N. Bash M.D., M.B.A.

Home #21 Essential Insights for Veterans: Independent Medical Opinions and VA Claims

Discussing Blue Water Navy Veterans and Agent Orange

Probably makes a lot of sense. I know a lot of those guys got their fruits and vegetables, and they got their water and all that stuff on the shore. This stuff was probably in the ships anyway.

Host: But they shouldn’t be making other veterans pay.

Dr. Bash: Right, I agree with that. If it’s determined that the Blue Water Navy was exposed to Agent Orange, then the VA should pay it up. They shouldn’t have to go around with a tin cup and a hat to other veterans who have been awarded benefits, taking money from them to offset the cost.

Host: Yes, right. They never did that before. They did a lot of Agent Orange cases without taking it from other veterans. They should just pay for it if it’s for Agent Orange.

Dr. Bash: Right, the House passed it, and we’ll see how it does in the Senate.

Host: I was surprised that some congressmen didn’t bring up the issue that if they were exposed, the VA should pay. If it gets to the Senate, it’ll be a big deal. The next thing that comes along might follow the same pattern.

Importance of Appealing 100% Ratings

Dr. Bash: Another reason to appeal 100% is to make sure your dates are correct. A lot of times, the VA will give you effective dates that are only a fraction of what they should be.

Host: Yes, you might get 100% for only a year.

Dr. Bash: And on these C&P examinations, many veterans don’t get a thorough exam. A lot of my work involves offsetting the C&P exams, which are often done by nurse practitioners or PAs who aren’t as experienced as the veteran’s claim.

Issues with C&P Exams

Host: Would it pay a veteran to take a tape recorder with them to the C&P exam?

Dr. Bash: I always suggest taking a witness, like a spouse or caretaker, and documenting everything. Some patients have asked for copies of their reports before leaving, which is a good idea.

Special Monthly Compensation (SMC)

Dr. Bash: Veterans should also make sure they have the correct SMC codes. The VA goes above 100% for certain conditions, and these can make a big difference in their benefits.

Host: Foot drop, for example, could fall under the loss of use category and qualify for higher compensation.

Dr. Bash: Yes, balance issues and falls can count as loss of use.

VA’s New RAMP System

Host: What’s your take on the new VA RAMP system for appeals?

Dr. Bash: I don’t like the RAMP program. It doesn’t allow any new evidence to be admitted on the second appeal, which can hurt the veteran. If the first review is wrong, the second one just rubber-stamps it. Veterans should always be able to present new evidence.

Permanent and Total Disability

Dr. Bash: Permanent and total disability is not really permanent. Veterans need to know that these codes can be re-evaluated at any time up to 10 or 20 years.

Host: So veterans should keep filing for secondary conditions to protect themselves.

Clear and Unmistakable Error (CUE)

Dr. Bash: Veterans should also be aware of CUE. If there was a mistake in their initial rating, they could potentially get retroactive benefits.

Host: The VA’s handling of claims can be complex, and it’s essential to have professional help.

The Importance of Professional Help

Dr. Bash: It takes people with expertise to navigate the VA system, especially for medical side issues. Combining multiple conditions into a single rating can be confusing, and veterans need help to understand and challenge these decisions.

Host: The VA isn’t getting any easier to deal with, so professional help is crucial.

Dr. Bash: Yes, and my executive assistant Alice can help veterans work through these issues too.

Alice: If a veteran gets a negative C&P exam, it’s usually better to challenge it immediately rather than wait for the decision.

Dr. Bash: I agree. Waiting can make it harder to overturn a decision. It’s better to challenge incorrect C&P reports as soon as possible.

Psychological Satisfaction

Dr. Bash: Veterans also seek psychological satisfaction from having their decisions in their favor, even if they don’t care about the rating itself.

Host: What’s your thought on DBQs (Disability Benefits Questionnaires)?

Dr. Bash: DBQs are a good way to challenge incorrect C&P exams. They allow me to provide detailed medical opinions and challenge the VA’s decisions.

The Future of VA Claims

Host: Are they going to add more presumptive type claims or take them away?

Dr. Bash: They might combine different issues into a single rating to reduce the workload for the VA. Veterans need to be wise and get professional help to navigate these changes.

Host: It takes people with your expertise to help veterans through the VA system, especially when conditions are combined.

Dr. Bash: Yes, it’s a complicated issue, and it’s essential for veterans to have the right support.

Thank you all for listening. That ends this show, and now I’m going to zoom off.