Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

DivingBoard

Seaman
  • Posts

    4
  • Joined

  • Last visited

About DivingBoard

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    Navy

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

DivingBoard's Achievements

  1. Thank you all for your advice and direction. If i am going the 3.156 route. Do I need to wait till after the NOD time frame has run out? Or Should I file it now within the 1 year time frame giving them an opportunity at de novo? If i do certified mail, is it the date of mailing or the date of recieved by them that counts?
  2. Good morning, I have a few questions that I Would really love to get your input on as well as get your take on an NOD that I am contemplating filing.  I would not want this information shared openly.  1) I have been reseaching for the last few weeks as to how to best support my NOD and in that search I have come across the ability for them to CUE themselves in some way to take back what they have already given. 30% IBS, 40% Fibro, 50% Apnea & 100% mental. I have a family of 7 and was awarded last year.  The $ lost would bring my family to their knees and I would be back in the food pantry line at church and bankrupt the moment that stopped. And my kids would no longer have their college paid for, this would likely be an unrecoverable happening to us as there is no chance of me being able to go back to work, i havt worked since 2012 and had been self employed since 2001. in any case, i believe that i have a very clear 3.156, as well as CUE, I am chosing to go the 3.156 route first.  I have been struggling with this for some time now as the VA has treated me like gold and i dont want to seem ungreatful by going back and asking for more.  I have been denied retro for ibs and fibro with the approvals. I have decided to put the breaks on this for fear of losing everything and would like to get your opinon. I would love to send my letter along if you would ensure that it would not be shared.

    thanks for your time and hope you have a great day! Btw i am very new here and really unsure as to how to find out if you responded or not to this.  So in case i cant find it, i recently posed a question titled Nod cue dro or shut up and go away that you responded to and you could repost there.  Thanks so much!  

    PS. I am trying to get the opnion of Berta, Cruiser and you personally. I sent this message to Berta and trying to find Cruiser as well.

    1. FormerMember

      FormerMember

      First of all, I wouldn't trust anything Cruiser said in this lifetime. His advice to others is negative and not constructive. Everything he's ever told me about 3.156 (c) turned out untrue and the CUE advice was inaccurate as well. I won my claims back to 1994 based on what he said could either not be done or was unsupported by law. Berta has far more useful advice on CUE than he ever will and she doesn't drink as far as I know. Alcohol doesn't improve the advice.

      I am an accredited VA non attorney practitioner and I have no professional relationship with you. It's now more difficult to offer advice without being liable. I hope you can understand that. This recent development is why you will see far  less of my advice here now.

      Regards

      Alex

  3. Good morning Berta, I have a few questions that I Would really love to get your input on as well as get your take on an an NOD that I am contemplating filing.  I would not want this information shared openly.  1) I have been reseaching for the last few weeks as to how to best support my NOD and in that search I have come across the ability for them to CUE themselves in some way to take back what they have already given. 30% IBS, 40% Fibro, 50% Apnea & 100% mental. I have a family of 7 and was awarded last year.  The $ lost would bring my family to their knees and I would be back in the food pantry line at church and bankrupt the moment that stopped. And my kids would no linger have their college paid for, this would likely be an unrecoverable happening to us as there is no chance of me being able to go back to work, i havt worked since 2012 and had been self employed since 2001. in any case, i believe that i have a very clear 3.156, as well as CUE, I am chosing to go the 3.156 route first.  I have been struggling with this for some time now as the VA has treated me like gold and i dont want to seem ungreatful by going back and asking for more.  I have been denied retro for ibs and fibro with the approvals. I have decided to put the breaks on this for fear of losing everything and would like to get your opinon. I would love to send my letter along if you would ensure that it would not be shared.

    thanks for your time and hope you have a great day! Btw i am very new here and really unsure as to how to find out if you responded or not to this.  So in case i cant find it, i recently posed a question titled Nod cue dro or shut up and go away and you could repost there.  Thanks so much!

  4. Thank you Broncovet, If I could get a copy of the C-File, I am pretty sure I can go that route with provability. But as of now, no C-file and deadline on the NOD less than 2 weeks.
  5. Thank you for the info Berta! Of your 3 at the end... 1) I have yet to find the legal errors (unless they were legally supposed to give me notice to get documents they were unable to obtain) or some other thing i have yet to uncover. 2) I certainly have this part as the outcome would have been an approval and $. 3) the final decisions I have specifically state that they are directly related to service, (service records show) so if they can state they are directly related now, why couldn't they in 97? they only reason that a CURRENT diagnosis has allowed us to award. If anyone has ideas on what I should do for the NOD, please let me know. My eyes are crossed reading so many cases and still not finding THE answer.
  6. I am a GW vet 1991 I originally filed a claim in 1997 for: *Rashes *Join Pain *Acute gastroenteritis *Antisocial Personality Disorder *Right Knee *Weight Loss All denied. ( the records show in their decision that they requested 1 time my private records from 2 hospitals in June of 1998 and as of the date of the denial Aug 1998 no records were recieved... there were several other issues with the duty to assist at that time in 1997, but from things I have recently read, you can NOT win a case for their lacking in their duty to assist as a CUE, even if they had assisted and the outcome would have been manifestly different in my favor, If you know the actual answer to this, please let me know.) I understand that in 2000 there were new regulations with regard to the duty to assist. All of my contentions were denied as NWG (Not Well Grounded) Stating that there were no in service records proving that I had these issues. And although they have records from an additional Hospital ( I have no idea whats in those records, they stated that I did not have proof of a CURRENT condition at that time. ( had they gotten the records in their duty to assist they would have had that proof, and is part of my contention) Fast forward 2014 I filed a claim for: *IBS *Fibro Both denied stating no in service connection basically and also denied the earlier effective date request ( no reason to approve the EED because denied) Then 30 days later I sent them a CUE regarding the IBS & Fibro and all the GW Presumptive info I could find, also requesting an EED. *IBS Approved at 30% *Fibro Approved at 40% Earlier Effective Date Denied because I filed in 1997, was denied in 1998 and never filed an NOD or Appeal within 1 year. Then I filed a claim for: *Bipolar/et all Awarded 100% *Sleep Apnea 2ndary to Fibro Awarded 50% Requested in that the EED for Bipolar/et all Fibro and IBS, was Denied on all 3 as to EED. Now, I am a the stage of having to file something to try to be successful in being awarded the reto to 97'. 1st claim for IBS in 2014 stated that it was REOPENED (not a new claim) is that a possible thing to point at? 1st claim for Bipolar/et all in 2014 stated REOPENED (not a new claim) is that a possible thing to point at? Are there any hail marry's out there? they didnt even respond to or address the things I sent them regarding TL 10-01, presumtive info etc. And all of the diagnostic codes they have given me are NOT the GW presumptive 88's. All award letters specifically state a direct service connection. If 2014 states direct service connection from records that existed while in service how can 1998 state no direct service connection? (different eyes?, something they found that was OVERLOOKED in 97' new and material?) Not sure what else you mght need from me, but I am happy to reply, thank you all in advance for checking this out to see if you can help.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use