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63Charlie

Senior Chief Petty Officer
  • Posts

    564
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63Charlie last won the day on June 19 2022

63Charlie had the most liked content!

About 63Charlie

Profile Information

  • Location
    Orlando
  • Interests
    Painting Butterflies

Previous Fields

  • Service Connected Disability
    SMC-S
  • Branch of Service
    Army

Recent Profile Visitors

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63Charlie's Achievements

  1. Assuming you already have your entire military service records, file a "Notice Of Intent To File" to begin seeking compensation for ALL issues that you believe should be service connected, either direct, or secondary. This will entitle you to the earliest possible compensation benefits. Once you have collected the evidence meeting those three Caluza elements, file the claim(s) with that supporting evidence. Get the Caluza's and get service connected: 1. Must have a current diagnois. 2. Documented event in service you allege caused your injury. (With ptsd.. that is called a "stressor".) 3. Independent Medical Opinion from a medical professional including Psy-D, M.D., P.A., or R-NP, that it's at least as likely as not that an in-service event resulted in your current condition. The medical professional must indicate they reviewed your military records and provide a reasonable supporting rationale included in their independent medical opinion. This opinion does NOT have to be from your treating medical provider, as most of them in my case, refused to help me obtain benefits. This establishes the nexus, aka connection, to service. You are your best advocate. P.S.: The VA does not like to pay compensation so expect to fight for what you have earned.
  2. I get a letter in the mail today from my power of attorney the American Legion. The letter stated that the American Legion is affiliated with the law firm of Bergman and Moore It stated that B&M reviewed a recent BVA decision and they want to represent me at the CAVC. I was asked to call Bergman and Moore asap.
  3. On May 4, 2023, the BVA awarded grants on all of my issues that I've been appealing for 8 years. The BVA judge's fairness surprised me. The VA legal battles are now over for me. All I have to do now is to just keep "breathing"(living). I have left the field. Q: For those who are receiving clothing allowances, did you guys hear anything that after this year, you won't have to reapply each year? I was told this today when I submitted my annual clothing allowance form at the local VA prosthetics department.
  4. February 2, 2023, the motion I filed to advance my appeals on the BVA docket was granted. My appeals were then placed with a VLJ at the Board. After this happened, my VSO submitted a Privacy Act Request for my claims file. On February 9, 2023, I receive notification that my appeals are now placed on hold, according to VA, because my VSO submitted a Privacy Act request. I think it's wrong to delay my appeals for their reason stated below, and I don't know how to fix this. See below: You or your representative filed a Privacy Act request. The Board placed your appeal on hold until this request is satisfied. Please do not reply to this email, as this account is used for sending messages only. To check your appeal status, visit https://www.va.gov/claim-or-appeal-status or call 1-800-827-1000 from 8:00 a.m. to 9:00 p.m. (ET), Monday through Friday. If you wish to contact the Board of Veterans’ Appeals (Board), or submit a statement or documents to the Board, please work with your Veterans Service Organization (VSO) or representative, if you have one. All submissions must include the Veteran’s name and claims file number, and can be submitted via mail or fax: Board of Veterans’ Appeals P.O. Box 27063 Washington, DC 20038 FAX: 1-844-678-8979 (Toll Free)
  5. Attorneys with the Veteran's Pro Bono Consortium have always won for me. They were free to me as they were paid by the EAJA
  6. Several issues that have been on appeal at the BVA hamster wheel a long time have FINALLY been assigned to a VLJ . Pretty sure I will win some of the issues because, for me, when they think an appeal has merit, they delay adjudicating those ones for the longest time. But, again, I find there are always Board errors, so I'll have those to appeal to the Court (CAVC). The Court, I find, has been good to me in all matters VA
  7. Seems like the VA never granted the SSD/Chronic Pain Syndrome even after the ALJ stated it was part of my service connected psych disabilities.
  8. I think the VA failed in their Duty To Assist after Judge Skalsounis(BVA) mentioned in in his decision but VA never awarded it...if i am correct?
  9. A judge at the Board stated/ruled my chronic pain was part of my psychological disabilities and said it was service connected. VA never awarded it. A DBQ by a Psy.D (claims file record) stated my chronic pain is intertwined/comorbid with my service connected depression and service connected anxiety and diagnosed me with somatic symptom disorder. A recent remand from the CAVC to the BVA resulted in a DROC decision denying service connection for chronic pain stating there is no diagnosis for this condition. Is this a CUE? I appealed it to the BVA, not as a CUE
  10. Is Chronic Pain Syndrome categorized by VA as a psychiatric disorder? Did things change under the revisions of DSM-5 so now it is Somatic Symptom Disorder?
  11. I went to a C&P exam just this morning for my feet and ankle disabilities. The C&P exam got heated when the examiner began asking me questions that are too complex for me to accurately answer. She was making me more confused and anxious by the minute. I advised that I had sent the VA all of the medical records for my conditions. I asked the examiner if she had looked at my claims file records. I stated. " Had you reviewed my records, you would already know the answers to all of those questions. She replied, " You don't tell me how to do my job". I said, " Right, I totally agree". I said, 'I'm really not telling you how to do your job. I'm only pointing out what needed improvement". She threatened that she would make me leave the exam if I didn't stop yelling. I NEVER yelled at her a single time.
  12. Currently statutory SMC-S, housebound disability rated with (100% + 60%) I'm within the 90 day evidence submission period at the BVA and fighting for an increase from 30% to 100% for Meniere's Disease. Would a new 100% rating for MD increase my SMC? I am about ready to say hasta la vista fighting the vA corruption. If there is no more compensation money going forward I am done with all the VBA BS.
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