Gastone

Master Chief Petty Officer
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Gastone last won the day on March 24

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About Gastone

  • Rank
    E-9 Master Chief Petty Officer
  • Birthday 08/27/1947

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    dgastone@sbcglobal.net

Profile Information

  • Location
    Troy MI
  • Interests
    Work-Wrenching, Assisting fellow Nam Vets, Being a Grand Father X 5,Visual Appreciation of "ALL"
    Women and computer research.

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USMC BLT 1/26 9Th MAB 68/69
  • Hobby
    Scuba Diving, EF the area!

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  1. Then there's the 2010 PTSD 70% Award itself. If you're under 55 a Re-exam being Diary Dated for every 3 - 5 yrs is not unheard of, actually, it's required. If you've been receiving ongoing VMC MH treatment, there's a good chance of a proposed PTSD SC Reduction. Do you think there is even the slightest possibility your PTSD symptoms have improved? Strictly my opinion now, the VAST majority of VA & Private PTSD Clinicians believe that a Vet's PTSD symptomology will definitely improve with comprehensive MH treatment. Think Job Security, on their part. BE Prepared! Semper Fi
  2. Your Attorney will score a $13 to $18+k payday if your case is Remanded. Remands are the same as a win, as far as Lawyer Legal Fee Awards. Semper Fi
  3. Wayne, have you viewed any posts (past 12 - 16 mos) on Hadit, where a Vet has received his (C) now E-File in under 13 or 14 mos, if not longer? I don't recall seeing any. Back in 01/14, I received about 9in of paper C-File from a hand delivered FOIA request to my RO about 10/12. I know, you would think it should be much quicker to burn a Disc Copy of our Digitised Claims records, then have a clerk physically copy 9in of paper. I filed another FOIA via Fax 10/16 for a Disc E-File, E-Ben indicates a completion date of 6 to 7/17. Maybe, but I kinda FDI. I suggest you spend your time doing something more productive than trying to determine the exact arrival date of your E-File Disc. It's only been what, 11 mos. Semper Fi
  4. How about posting a redacted copy of your IU Denial? What are your current SC ratings that get you to 90 SC? Was your IU filing based on an "Inferred IU Claim" being listed on your 90% Award? Going from a Combined SC rating 86 - 89% rounded to 90, to a Scheduler 100% can be a problem. If you're over 55, VA won't Diary Date Re-exams for Scheduler or IU Ratings. Filing New Secondary Claims would open the claimed Nexus SC for a re-exam, even if you're 68 - 70. Get a Denial Letter from the VA Vocational Rehabilitation Dept, verifying your "Currently" unable to complete a VR program due to your SC's. Works especially well when you're on a DRO Appeal. Semper Fi
  5. Allen, A-NOD referenced the ability of VSRs to access Vet's E-Files. Of note, it doesn't have to be a Vet's current POA VSR. The day of the actual "C-File" are no more, we've all been digitized. I gave it a try a couple weeks ago at my VMC. Asked a VFW-Rep (not my POA VSO) about accessing my E-File. I knew that about 2 years ago, all the different VSOs came to an agreement that they would assist and file claims on behalf of all Vets, regardless of the Vet's VSO POA assignment. The VFW Rep accessed my file while we talked and proceeded to print off a couple Docs, give it a try. As to E-Ben not being up to date, I disagree. Granted, pre-2016 that may have been the case. I've had updates and Awards posted within a couple weeks of the actual Decision. A mid 12/15 Quality Review Decision (reversal of 07/15 Denial) actually appeared on my E-Ben site Jan 3, 2016 3 weeks before the Retro Deposit hit. Decision Letter didn't arrive until the end of 04/16. Semper Fi
  6. Allen, his VSR should be able to view & print a copy of his IU Award? Has his E-Ben page been updated yet? From your recent post, are you saying he listed all of his current SC's on the IU Claim, as the cause of his current IU? Did he decide to do that on his own, or was it based on someone else's council? Semper Fi
  7. Started this reply about 9 am, posting problems seem to be occurring periodically here on Hadit. Best to wait for the Award Letter, too many unknowns right now. Do you know what SC's were claimed by your brother on his IU Claim? Some Vets have been successful in getting the Statutory SMC S(1) after being Awarded IU for a MH condition such as PTSD @ 70%. They must have (1) or more additional SCs, not included in the IU Award, that have a separate Combined SC Rating of 60%. The IU Rating does not need to be T & P No Future Exams. IU, in and of itself is never actually Permanent until the Vet has carried the rating for 20 Years. From the IU Award Date forward (for 20 yrs), any number of things can derail the Award, Earned Income above the SGI is just ONE. Semper Fi SMC S(1) Award, the rater should pick it up. If his IU Award is based on multiple SC's, that may be a problem. As to your 60% question, only those SC conditions (however many) that are not part of the IU Award could be considered towards reaching the additional 60% criteria. When your brother filed for IU, what SC conditions did he list on his IU claim as being the cause of his IU? Semper Fi
  8. Andy, hold off on the Attorney search till you get the Denial, just maybe you'll get the Award. Then there's your potential Retro Award to consider. For Fee, VA Attorneys may be somewhat reluctant to sign onto anything less than a potential $20K retro from the BVA. Unless something has changed, VA Attorney's can't sign you up for Appeal representation until after you receive the Official VA Denial Letter. Back in 14, I contacted (2) nationally advertised VA Law Firms, both had an initial screening process to determine that I was eligible for representation. At that time I was 4 yrs into a DRO Hearing request, both Firms requested that I sign immediately, so as to allow them to cancel my DRO request so they could go directly to the BVA. I declined and repped myself at the eventual 06/14 DRO "Informal Hearing." All 2010 issues Awarded, including a 09/12 IU denial. Semper Fi
  9. Andy, eyeball the DSM V and related MH Condition DBQ's. I've really only concerned myself with the PTSD Ratings. PTSD has recently, last year or so, become a popular (Not Guaranteed) Nexus Dejur for SA Secondary claims. To the best of my knowledge, it's currently not what you would call an "Automatic Award." An older male with a BMI of 30+%, 171/2 in neck, and wide tongue to name a few of the "Usual suspects," is going to have an uphill battle going after the Secondary SC Award. I can't say I recall any Stats for successful Secondary to MH issues SA Awards. Semper Fi
  10. Andy, if your other conditions have already been MD/DO DX'd, A NEW PTSD SC Awards effective Date would have to substantially predate the conditions in questions actual dates of DX. To the best of my recollection, I don't recall ever seeing a "Reversed Nexus" Award. Semper Fi
  11. Leon, it appears that you have never actually filed a claim for PTSD, nor have you ever had an actual Rating Department requested PTSD Forensic Exam. If that is the case, from the VA Rating Dept perspective, you don't actually have a PTSD Ratable Claim or Diagnosis. You'll know soon enough, CAVC seems to be much more punctual (within 6 mos) in rendering their Decisions after receipt of the Remand Results. Have you received a New RO Decision Letter based on the Remand? Semper Fi
  12. Do you have any Medical Clinician Treatment Notes indicating a preponderance of medical evidence supports your 2014 SA DX as being Secondary to your Long Standing MH DX's? A friend just got his CAVC Denial Letter from a C & P Remand last year. It was signed by a CAVC Judge, BVA wasn't involved. Shortly after his Remand C & P, he got a "Continued Denial Letter" from his RO. The Remand C & P Report and the RO's Continued Denial Decision were both referenced in the recent CAVC Denial Letter. As of last week, he's still awaiting a response (60 Day Filing Clock is running) regarding Appealing the CAVC Denial, from his VA Appeals Lawyer (Vet Pro Bono Consortium). They were awarded about $18K in legal fees from his Remand. Will be very interesting to see if they agree to rep him at the Appeals Court. Not sure, but if they don't win, I don't think legal Fees are on the table. Semper Fi
  13. My 06/14 DRO Hearing (decided to go Informal) awarded all Issues fro 2010 NOD and also Awarded 09/2012 IU NOD T & P No Future Exams. 12/15, VA Sr Rater or DRO did a Quality Review of a 07/15 SA Increase Denial. Reversed the Denial and Awarded bump for my SA from 50 to 100%, Retro back to mid 2014. I don't recall you stating what "New & Material Medical Evidence" was submitted with your DRO Review request. When was the last time you submitted any type of Supporting Evidence for your DRO Review Appeal? Semper fi
  14. Not exactly sure what type of RSVR "This Review" you had or are having. There's always the possibility of a Rating Dept's "Quality Review" regarding a recent Award/Denial Decision. I received an Increase Denial 07/15, don't recall seeing anything on E-Ben 08/15 - 12/15 regarding a "Quality Review" being initiated or a Decision pending. Jan 03 2016, E-Ben showed a reversal of the 07/15 Increase Denial due to a Quality Review Decision 12/14/15. Retro hit mid 01/16 and actual Award letter didn't arrive until late 04/16. Is there any mention of the type of Review that is being conducted? Semper fi
  15. I've had a PO Box for 30 yrs, every so often I get another Box's mail. Usually, it's from the box's on either side or above or below. I mark the envelope that it was delivered to the wrong box and give it to the clerk. It has continued to happen and we're not talking Junk Mail. As to the Mets, ask your VSR to submit a Request for a "CUE Review" of the Reduction with a copy of the Nuc Stress Test Results. If the Rater didn't mention the Nuc Stress Test results in the Reduction Letter, this may be the N & M Evidence required for an immediate reversal. If the CUE Review request doesn't get the desired results within a couple mos, you still have your NOD option. Semper Fi