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  2. You need to send in the Form 9 within 60 days of from the SOC, or else your appeal dies. So, yes, you need to file the form 9. I would also request the records. If you get the records, and notice something missing, then resubmit it. 38 CFR 3.156 B should cover your effective date as you have a "pending" claim, and any evidence you submit goes back to the beginning of the appeal period.
  3. Who? Your VSO? Attorney? Of course I can not tell you what "someone else" is thinking. My Crystal Ball is on the blink. If you are referring to an attorney "bailing", yes it is irritating for them for you to delegate them responsiblity by hiring them, and then you send in correspondence to VA without mentioning that to your attorney. None of them like that. If your attorney does "bail" at an inconvienient time, then yes, you have 3 choices: 1. Get another attorney. Next time try letting him or her handle it. 2. Get a VSO. 3. Represent yourself. Its true that others may also "balk" at representing you, especially near "zero hour" and if your attorney dropped you for doing stuff behind his back. If you do have to change representation, then I suggest you do a great job picking the new one, then let them handle it. Ask lots of questions before you sign the POA. Its almost like getting married. If its any help to you, I was "dropped" from representation by the VFW. They gave a reason that my claim was not likely to succeed. Phooey. My claim did suceed in spite of them dropping me. I probably did what you did, too. Hired them and then did everything myself. I realize I made a mistake.
  4. Went to prep for notification today.When should my AB8 update?Also my arthritis secondary to low back condition disappeared?I know they were talking about combining the PTSD and low back claim.
  5. Today
  6. go to your POA, CVSO or the RO and ask them to print it for you
  7. He informed me that my appeal has been expedited due to my own work he said that I did behind his back. So now he wants to walk away from my appeal. Is that possible I mean I am sorry he's mad that i filed my hardship on my own and got it advanced on the docket didn't think he would bail. So what are my options if he bails do I have to hire a VSO at the last second?
  8. Yesterday
  9. SORRY Don't know anything about this case...what is this claim about? in appeals but what for? IF in appeals and VA can't get him a DRO Hearing because he lives in Germany then the DRO Appeals process is over and this case needs to be sent to the BVA..If this is what is happening Remands will be forth coming back and forth until a BVA JUDGE decides this case. Maybe an email to the VA SECRETARY WILL HELP? OR TO HIS OFFICE. but not knowing anything clear about this case I suggest to leave this up to the sharp elder members that are up on VA CASE LAW and the CFR's. Ms Berta is one of the best and Asknod, J basser, Gastone, broncovet, Vync are all great about the VA Law & helping veterans. jmo
  10. I don't believe he received a dd 214. His unit has a great website with contact info for most of the unit. I know some members are gathering information about this incident. They have traveled from all over the country to do remembrance events for three of these victims, with the last being planed. The family only learned of the PH not being awarded due to "friendly fire" in the past year from his unit. Some members were very upset about this, but, they were told it would be very hard to fight it. The DD 1300 is marked non-battle under casualty status. His company was engaged in operation Lam Son 719. The previous day Charlie Co. suffered the loss of 1 KIA and 3 WIA, I don't know how you can have "friendly fire" in that environment.
  11. SORRY THAT IT TOOK SO LONG : ( BELIEVE ME OR NOT I HAD SEVERAL BLOWS TO THE HEAD DURING THE MILITARY, AND AT TIMES I FEAL THE FULL EFFCTS! I THANK YOU FOR HAVING PATIENTS! HERE ARE MY SMR & STR FOR MY EYE INJURY, THE ONLY TREATMENT I RECEIVED WAS AN EYE PATCH AND EYE DROPS ON THE FIRST DAY OF THE INJURY. AS YOU CAN SEE WEEK FOR WEEK MY VISION WORSENED A LOT OF DIAGNOSES BUT NO TREATMENT, AND ON THE 6 NOV, 1989. AFTER NOTHING WAS DONE TO CORRECT MY EYES I REQUESTED TO SEE A GERMAN DOCTOR TO HELP ME BUT MY REQUEST WENT UNANSWERED AND IGNORED! I WILL POST SOME MORE OF MY RECORDS, I FILED DIRECT AFTER SERVICE FOR COMPENSATION AND I RECEIVED A 0% RATING. Proof for Eye 1-5..pdf Proof for Eye 6-10..pdf Proof for Eye 11-15..pdf Proof for Eye 16-19..pdf Proof for Eye 20-23..pdf
  12. My hubbys ebenefits say the same thing as yours today. He did call the Vso and ask what the hell were they holding it there so long. She I had told us to call back today. We will do that on Monday now. He also called the d c office and talked to some guy there for awhile so maybe something is moving. Now my question is he told my husband that even it Vso wrote up the 646, the appeal would just go in dockett order. My question is if there are several dockett numbers come up and they have not had their 646 written up yet, what happens. I do understand some Vso do not write up nothing. I figure that is what happened to his after he was upset with them.
  13. Went to prep for notification today.When should my AB8 update?Also my arthritis secondary to low back condition disappeared?I know they were talking about combining the PTSD and low back claim.
  14. congrats!!
  15. " And they took his opinion over are private nephrologist. " If the private nephrologist prepared an IMO/IME that conforms to the IMO/IME criteria here at hadit, that should have triggered BOD (Benefit of Doubt.) If the VA ignores a valid IMO/IME that follows the criteria here at hadit, this is the basis for a CUE claim. Can you scan and post the evidence list and their Reasons and basis for the denial? (Cover C file#, name) prior to scanning it.) Did you google the C & P examiner to see if they really had expertise enough to opine on the claim? The NKF printout is a good one. But it helps quite a bit more when a IMO/IME doctor uses current medical links and treatise printouts that bolster their opinion.
  16. Do you mean for the DD 149 application? They would surely want the death certificate. I feel the MOPH might be the best place to inquire about this, to see if the regulations I posted have been altered since that regulation became law. I am sure MOPH has had inquiries similar to yours before. It states "He was at a night defensive position when artillery rounds by a friendly force landed in the area". Were their any more details? That does not state that he was killed by friendly fire.But I am sure it was noted in the Morning reports of his UNIT. Does his DD 214 give any info to confirm his death from this? Other servicemen died as well per your posts. Do you know any of their names? If their family members could be found and contacted by now maybe some of them were awarded the PH and they could advise on how to do that. I couldn't find anything at the BVA yet---many decisions popped up but none for DIC denials and none that granted PTSD to any living vet.I used Friendly fire in the search browser. I just tried GSW friendly fire and not a single decision appeared. Maybe others here will give it a try. https://www.bva.va.gov/ Click on the decision search feature to the right of the BVA Home page.
  17. Hello Fellow Vets, here is another reason (like another was needed) to get a paper copy of your C-file. On May 7, 2017 I will hit my 20 year mark on 90% IU P&T. I have stayed away from the VA medical side since I was escorted out of the VAMC in 2001, but I do go to the VA dental. It has been 4 years since I have seen the dentist as I really had no need, until the other day when I felt a small place on a tooth. I call the dental office and leave a message, about an hour later the girl calls me back and informs me that I am not eligible as I am only 90%. I explain that the system is wrong and needs to be corrected, she told me they would have the benefit coordinator manually correct it and call me back the next day. The next day comes and goes, so I call today to find this person on vacation.......Blaaaa Instead of waiting anymore, I call the RO and get some Jerk-off telling me I did not get a IU award until 2008. I tried to explain that this was a system glitch somewhere as I had the award letter from 2001 in hand and a DRO decision from 2002 for a EED to May 1997......He then proceeds to basically tell me I was full of shit because they can't find anything on the computer from 2001 or 2002 in which I told him to watch the mail as I would be sending him a tightly rolled copy along with a small tube of KY jelly for proper insertion, and I was being very generous with the lube as the VA does it dry to most Vets........for some reason he hung up on me I then grabbed my papers and drove to the Huntington WV RO and met with a VA Rep who proceeded in disbelief to correct the record. We then met with his supervisor who also was miffed at the situation, yet filed the proper papers to correct and then gave me a corrected letter just in case I needed it until the system updated. Apparently the VA changed programs and some Vets had info removed and others had wrong info entered. In my case, everyone of my claims were showing an award date of Dec 2008, even though I had several from 1984. Both of these VA counselors told me that it was a good thing I had my own hard copy of my VA file or this could have been a nightmare to get straightened out. I can not emphasize enough how important a copy of your C-file is for you as a Vet to have not to mention your family if something were to happen to you regardless of where you are in the VA claims process or how long you have been in it.
  18. Yes if you have disability's that add up over the 60% and your 100 % P&T You should qualify Check out asknod blog he explains how SMC is Illustrated '' so-to-speak'' https://asknod.org/2013/02/27/special-monthly-compensation-what-is-it/
  19. I had a QTC Exam and after three weeks I got copy of the exam from the VBA (Veterans Benefits Administration)
  20. Would my husbands been a cue. Like when they did the urine sample at c&p. And ther was no proteinuera, and the doc said without that there was no diabetic nephropathy? And I pulled up a document from national kidney foundation, that said in early stages you do not always drop proteneria. And she never took into consideration his efgr rate. Jubst a quick deny, by probably someone who was not even a phd. And they took his opinion over are private nephrologist. That is how back logs are stacked up.. I'd like to be a fly on the wall in some of their meeting with these doc and raters.
  21. Thanks Broncovet. Possibly the vets are getting them on disc from the records division at the hospital as well. I hadn't thought of that. I appreciate your response.
  22. Im not speaking for everyone, but you can get them several ways: 1. My RBA was given to me, digitally, by my lawyer, which includes medical exams. 2. You can, once you obtain the records on paper, scan them in and cut and paste, if you use the correct software. 3. I have not had good luck obtaining C and P exams electronically, except, as above, but others may chime in.
  23. The only paperwork we have now is a report of casualty, DD form 1300. It states "He was at a night defensive position when artillery rounds by a friendly force landed in the area". Is a death certificate still required or will the DD 1300 be sufficient? We haven't talked to them yet, waiting for his file. Also talking to some members of his unit. Not ascertained if the PH was applied for then or denied. THANKS!!
  24. I will continually see Veterans who post portions or all of the text from a C&P Exam. It's obvious they are copying and pasting from something. In the past none of my C&P exams have been available in MyHealthyVet (Blue Button). When I do a Health Record search it will show the C&P appointment but say "You May not View this completed exam." I've always gone to the records section of the VA Hospital and gotten a paper copy. So how are you guys getting the electronic version? What am I missing? Thanks
  25. Mail to: DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER PO BOX 4444 JANESVILLE, WI 53547-4444
  26. GEEZ!!!!! your comp claim took 7 YEARS?????? "I was told by the DAV my records were burnt in the fire. Someone on this site told me to go to St. Louis (right down the road) and check, needless to say, my records were their and I was finally compensate." That happened to a few vets here and 2 who I know,locally, and one of them (who had the same dope Vet Rep I did- and who asked me to help him because the rep already buggered his claim)showed me his DD214 or maybe some other thing from his service (with his date of birth on it.) He was born AFTER the St Louis Fire! In his case, neither the Vet Rep nor the VA caught that. Has St Louis been of any help at all with the PH veteran? Does your sister have his complete SMRs and 201 File? It is always possible the DD 214 is wrong-maybe not as to the lack of the PH .....but then again, there might have been other awards he never got but should have received. Thank you for thanking me but I sure need to thank you too for your service and pursuit of this situation. About 20 lawyers here in NY told me I could never win a wrongful death case against the VA. And they were wrong. I did. The VA tried to refuse to re open my DMII AO death claim. They were wrong too with some legalize that was bull crap. I could list countless incidents in my life regarding VA, A SSA lawyer, and even when I helped my husband file discrimination complaints with DOL against the big P & E outfit here...regarding hiring problems that were covered by the VEVRA act of 1974, and the Vocational Rehab Act of 1974. All of above were wrong.I waited on the PO steps the day the ADA became law, mailed in my legal work and the evidence I had gotten for my husband, and in a few months the ADA lawyer called me up to tell me he had won his case, the first win in NY under ADA EEOC-discrimination against a disabled Vietnam vet, and was surprised the DOL did not take action against the company.The evidence they had from me was overwhelming so they probably tried to screw other DOL vet complainants.The P & E company had to pay him a settlement. So, my point is, no one should EVER give up , even when others tell them there are wrong. Piss on Negativity!
  27. I felt I needed to Buck, talking about running around like a chicken with their head cut off. Taxes can be a real " challenge". There are dozens of rules and tax regulations that apply to forgiveness of debt due to disability. Sadly each state also has their own mechanism when dealing with forgiven debt due to disability and so does the Federal Government. I advocate to read up on these particular laws as tax burdens can be lessened quite a bit. Knowledge is power. Hope it can be of good use to Veterans and their families.
  28. Thank you very much for the link. How do I know what the station address is? I live in TN if that matters
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