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Buck52 last won the day on February 11

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About Buck52

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    Helping other Veterans& watching my grand-monsters grow up and driving my spouse more crazy than me eh!
    Vietnam Veteran
    Enjoy good old traditional country music
    To care for him who shall
    have borne the battle
    and for his widow
    and his orphan."
    ~Abraham Lincoln

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  1. sphynix06 You can ask them to CUE themself but you got to make sure every T is crossed and I's dotted . VA’s failure to give a sympathetic reading to the veteran’s filings by determining all potential claims raised by the evidence, applying all relevant current laws and regulations. Moody v. Principi, 360 F.3d 1306 (Fed. Cir. 2004). ∙ VA’s failure to apply applicable, existing regulations or statute at that time. Look v. Derwinski, 2 Vet. App. 157, 163-64 (1992). ∙ VA’s failure to follow the regulations that govern whether an existing disability rating should be reduced, namely 38 C.F.R. §§ 3.343 and 3.344. Olson v. Brown, 5 Vet. App. at 434; Ternus v. Brown, 6 Vet. App. 370, 376 (1994); Sorakubo v. Principi, 16 Vet. App 120, 123-24 (2002). ∙ VA’s failure to properly apply the Schedule of Rating Disabilities. Myler v. Derwinski, 1 Vet. App. 571, 574-75 (1991). ∙ VA’s failure to apply 38 C.F.R. § 3.303(b) which establishes a presumption of service connection for chronic diseases diagnosed in service. Groves v. Peake, 524 F.3d 1306 (Fed. Cir. 2008). ∙ VA’s failure to apply the regulation that governs conditions that preexist service. Joyce v. West, 19Vet. App. 36 (2005); see also Sondel v. West, 13 Vet. App. 213 (1999) and Akins v. Derwinski, 1 Vet. App. 228 (1991). Unsuccessful CUE Claims Additionally, the following are examples of unsuccessful CUE claims: ∙ VA’s reliance on medical diagnosis in a BVA denial was incorrect in light of a medical diagnosis rendered after the BVA denial. ∙ VA’s failure to fulfill the duty to assist. ∙ BVA’s failure to properly weigh or evaluate the facts (weight of evidence). ∙ Change in the interpretation of a statute or regulation occurring after BVA decision. try to get that bad examiners credentials ...he/she may not be qualified to do a MST C&P and can not give a Diagnoses....if so use that as reason you requesting another C&P Exam with different Dr, you have that right....if a veteran lets things like this go and not fight it they love it. A New C&P and Qualified & a common sense examiner is what you need and I bet you will be approved...depending on your symptoms as for as your rating, but service connection should be established.
  2. I didn't know until a decision was made, then got an unofficial letter from DAV SO from Saltlake City Utah. before that most of my claims were processed at my RO here in Tx. It's the Claims Intake Center that processes the claims out.
  3. I think instead of CUE try to get this Adjudicated at RO Use CUE as a last means. Don't you think so Ms berta?
  4. sounds good to me! and don't for get to add in the http://www.bva.va.gov/docs/VLR_VOL3/6-GriffinAndJones-VCAA-TenYearsLaterPages284-321.pdf
  5. Maybe President Trump will light a fire under their...and things will began to change.
  6. what dates were you in Vietnam? as for as your Oct 2016 NOD that's anybody's guess as to win they will get to it. not sure they will go back to 2011 but you can request they do. Its all a gamble and if you don't file then there's no claim or what if's. file and let them work it out.
  7. It don't matter if this was yesterday or 40 years ago trauma is trauma! the effect trauma has on someone may differ between combat trauma and MST...BUT its all Trauma. You don't need any medical documentation to support your MST Claim but it certainly helps obviously ,but so many never reported this horrible tragic event for reasons of guilt, shame or fear of retaliation or other, However they will use your lay statment. You should be evaluated according to your symptoms. Medical records are your best friend, and evidence...also your lay statment as to what happen and when and where, if you can prove you were there with your ISR's or buddy statements ,close to the dates the event happen, if no actual court proceedings were held then they have to go with your lay statement keeping your lay statement to the actual facts of the issue. This you need to let a VA Phyistrist know! or qualified VA MH Dr. you need to write out your in- detail lay statement of what happen, after that they can read it. A lot of veterans are coming forward now that has had MST to seek the help they need, but because of past shame or just never wanted to talk about it in the past and maybe just wanted it all to go away they never said anything to anyone!... & Its ok to mention this and the VA examiners are supposed to understand that. Usually a prompt C&P Examiner will read your medical records/lay statment of the event (stressors) before the exam and not ask you about it anymore , they can say ''I've read your medical records and your lay statement of the event and I won't be dwelling on this with you today'' ''I don't want to bring back those horrible memories for you '' and just get on with the exam''. Also when you have an C&P PTSD Exam answer all the questions the best you can if you get emotional thats ok but answer the question fairly quickly & the best way you can fully and honestly, this is your chance to lay it all on the line as to how your LIFE has been effected by MST, try to keep your composure but if you can't control your body language then that's ok too but don't over exaggerate. The examiner should know your up set and your trying your best to get through this exam...look the examiner in the eyes when you address his/her questions, looking off in the floor or away from the examiner will only put doubts in the examiners mind (so to speak) do not let that happen. if the examiner is typing then sit quietly and head down. VA Raters will rely on the C&P Examiners report to make a decision...but the good thing is you can disagree within one year after your notified of the decision. This would be basically your in disagreement with the C&P Examiner and let them know why.
  8. The reason they pass the Buck is( in their thinking anyway) if your RO is fully booked then passing the Buck to another RO that has time on their hands (so to speak) and your claim will be processed faster...its my understanding of it anyway. Couple years ago I filed a claim and the Claims Intake Center sent it to Saltlake City Utah...My RO is in Tx I believe most of the claims being processed now days are handle by the Claims Intake Center. jmo
  9. It seems to me this C&P Examiner don't know what he/she is doing? And may not been Qualified to render a PTSD Diagnose is possible that the veteran suffers from a mental illness. However, I am ethically unable to provide a diagnosis at this time given the veteran's response pattern of overreporting on three objective, reliable and valid psychological tests. Providing a diagnosis would require this examiner to resort to mere speculation and would violate the American Psychological Association's (APA) Ethical Principles of Psychologists and Code of Conduct. Why is he/she an examiner? ''In response to the sleep apnea denial, I called the c&p examiner and asked for reconsideration because his report stated that asthma and sleep apnea are in no way related. I shared with him several articles which stated otherwise and also shared several BVA cases which granted sleep apnea as secondary to asthma. He told me that no one in the fort worth office has ever granted service connection for sleep apnea as secondary to asthma, but that I should refile and request service connection for asthma aggravating the sleep apnea. Huh??? isn't that still a connection in itself? Nonetheless, he stated that he would think about amending his notes to opine that my sleep apnea is at least as likely as not aggravated by my service connected asthma. If he does do this then I won't have to get an imo for the sleep apnea, but I am not to optimistic about his follow through.'' ''My headaches and chronic fatigue is claimed secondary to sleep apnea so I will have to refile those one I get connected for the sleep apnea.'' just because no one in their office in Ft Worth never granted asthma secondary to or related to or any other Type of OSA /S.SA. Is very inappropriate thing to say and then reconsider? That type of statment to me means and its obvious this C&P Examiner is NEW(no experience) in conducting C&P Exams He/she was not confident in them self. As Ms berta mention you need a PTSD DSM-5 MST dx from the VA MH Dept. from the git go. ANY TIME YOU HAVE NEW AND MATERIAL EVIDENCE AND A CHANCE TO SUBMIT IT THROW IT ALL OUT THERE, Never hold back crusual medical evidence that will support your claim. I would Request another C&P with a different examiner!
  10. Unless your a medical Dr and give your credentials in this particular field of medicine The letter is not good...they will use it as'' only speculation'' they want medical documentation as prof your condition has got worse and a Dr to state so. If your condition as worsen and you feel your rating was not correct, the best thing to do is check with your VA MH Dept Request a new evaluation on your Medical Condition your claiming, just let them know in your opinion your condition is worse than the benefit they gave you. A new C&P will likely be ...and the examiner will give his opinion after he/she evaluates you. remember they rate on your # of symptoms and the severity of them. Also remember if your give a 100%PTSD Rating...you can not work any kind of work and mental rating at 100% they will be watching you like a hawk if you go back to work...so if you get a 100% rating the 200.000.00 $$ a year income is History.
  11. in other words we all must use the 21-526 ez for it to be ''VBMS'' friendly filing claims for what ever reason. 21-526 EZ Gets you in to the new system? Also? broncovet It may be best to "not" file a Cue, but to file for SMC S. That is what I did, but, if they dont backdate it, then CUE is a real possibility, because VA violated their own regulations by not adjuticating SMC S. (According to the M21 Berta cited, the Veteran need not be "100 plus 60", because another real possibility is housebound in fact, reminding you that if a Vet is NOT working, then he wont be leaving the home "for work", as in Howell.) what about the SMC S criteria? Stated in the Regs if vet was house bound infact not working and can't leave his home for work then he should be awared TDIU P&T And if he has another s.c. disbility seperate and rated 60% sc then he meets the SMC-S 1 Criteria usually eed is date of claim jmo Like this
  12. For me I have accepted I have Chronic PTSD and stay in treatment and hope some day I can see the light....for now I try to manage it the best I can by staying in treatment.
  13. Some times group sessions are better than one on one just depends on how you think? for me my therapist said I can try the group sessions but from him just talking with me he don't think its a good Idea, b/c in group sessions different veterans will talk about different things and some things they may talk about will only up-set you or bring back harsh memories..for some veteran it helps them to relive the memories, for me it makes matters worse.
  14. It just helps to stay in treatment for some reason I feel better after leaving a session with my therapist ! now rather or not its working I don't know? I still avoid crowds or be around a lot of people and not very sociable, I don't think we will ever be cured of our PTSD, but we can find a way to manage it and what ever that takes we must do it, my therapist gets aggravated at times with me because he always says my thoughts tells me to do things that are not the facts...and it only confuses me, but I do understand what his meaning is...its hard to explain to him in certain situations that how I feel and why I feel this way. but I keep going to treatment because someday something will start to click at least I am hoping. stay in treatment rather or not you don't think its working there's always that someday things will become together and make more sense to us.
  15. I agree with Gastone, when the VA Doc's won't help a veteran in a situation like this its time to check out a private DR for his opinion and get him to write its as more likely as not your OSA is secondary or related to your S.C. C.A.D. your VA PCP should recommend you to the VA Sleep Clinic for a sleep study,if he knows your having problems not breathing while sleeping? either way S.C. or Not get you a C-PAP ASAP. You can use my'' secure messages'' on MyheatheVet & Ask your PCP for the Request. The only thing about this is most of us veterans can't afford these expensive specialist, because they generally will require a over night sleep study, This is why I suggested a VA PCP Request a Sleep study from the VA Sleep Clinic..and get diagnose for OSA, Then find the private specialist to give his opinion by reading your medical records that is pertinent to this issue. your going to need to file a secondary claim for OSA/ S.A. Related to your S.C. Disability's.