Senior Chief Petty Officer
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Hamslice last won the day on April 23

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About Hamslice

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    E-8 Senior Chief Petty Officer
  • Birthday 03/24/1961

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  • Service Connected Disability
  • Branch of Service
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    Old Cars and Trucks and Machine Tools

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  1. If you read the VA's policy, if you start a claim while there is a claim pending, it becomes part of the pending claim. The request for your c-file is a claim. Not sure why they (VA) think its ok to lump a records request in with a disability claim, but, hey its the VA. Call Peggy tomorrow, Hamslice
  2. I would go for IU with the new evidence from your SSDI, they can only say no.. If you get everything you wish for with your appeals, then you would be 100% scheduler which outwieghs the IU anyway, P&T not withstanding. If you don't win your appeals, and you won your IU, you win. If you don't win your appeals and you don't claim IU, you loose. Simple, Hamslice
  3. http://company-c--2nd-bn--506th-inf.com/Tribute - Jim Davis.html From what I read here, it should be a slam dunk. I can't see where artillery fire would not have been directed at the enemy. I'm thinking an easy fix, just not sure how. The BCMR (Board of Correction of Military Records) via the DD Form 149 would probably take a year or more. I can't remember how long mine took, but they send you a response letter with a web site and you can watch you claim progress. Different than eBenefits, but you get the idea. The only thing faster would be a Congressman, but not sure this rises to that level. Don't flame me, just saying, I know the deal. Hamslice
  4. Nope. 100% scheduler and IU is the same thing (pay), SMC and P&T not withstanding. You are doing good just the way you are. I would not mess with it. You can work, wereas, IU you can not work. As far as anymore you could get from the VA, someone might have some suggestions depending on your maladies, but I don't think IU is the way to go. I could be wrong as I am not an expert on either. Just sayin, Hamslice
  5. I claimed pain. I did not know about the arthritis until they said so because of the x-ray(s). If the examiner does his or her job, they will measure your range of motion at the same time. So one claim and one C&P exam. They will normally low-ball your initial claim on a joint, so after a while submit for an increase. And when I went to my exam, I didn't know anything about range of motion or "goniometer". Word of the day. Hamslice P.S., Let me know about your experience with the Ellis Clinic. I would like to know for future reference.
  6. Mike, If a Veteran has three or more 0's and NO other compensatable injuries, then the VA CAN award a 10% rating. I believe that is so they can get the Veteran into a facilitly for healthcare. We have researched this here before. So, none for me, Hamslice
  7. Its never too late to put in a claim. I too have arthritis and many claims won with secondaries won also. When you put the claim in for arthritis, make it a secondary claim to a adjacent joint that is already sevice connected for arthritis. That is what happened to me. I don't think arthritis spreads like cancer or dermatitis, but I do think that when it affects one joint, the way the other joints act makes them more likely to get arthritis too. And that is what my C&P examiner opined in her exam report. As an example, I got secondary arthritis in my right elbow and left shoulder, because of my service connected right shoulder. The examiner opined that I was overworking those joints to compensate for my limited motion of my right shoulder. Once rated, and most likely rated 10% for pain or arthritis (that is the highest that can go) claim for an increase because of limited ROM (range of motion) and then you can get rated up to 40% each joint if in fact you have limited movement or pain on movement. And always remember to stop at pain during the exam even though the examiner will want to pull on your arm. Don't let them. Stop at pain, or when you can't go any farther. I have both issues, my right should I stop as it is very painful at a certain point even though if someone pulled on it it would go farther, but my elbow just stops, even when they pull on it and there is no pain. So there is that. As for joints, ROM is where the money is.. Just sayin,, Submitting a new claim will effect what you currently have going on, so it depends if you need money sooner or later. Submitting will delay everything, but you will get more money as your start date on your new claims will be sooner. But whats in the hopper will get delayed. FWIW, Hamslice
  8. I'm confused. Was he on duty when he jumped?, i.e., a weekend drill or annual training, etc. The easiest way to determine this is, was he paid for that day. As a reservist you get paid for drills and annual training. There are many times and ways a reservist can be put on orders. Reservists get VA benefits awarded diferently. An active duty soldier can get into a car accident at any time, even while on leave and it is concidered on duty and the VA excepts that. However, a reservist gets in a accident off duty, well nothing for him or here. That is just the way it is. So, he would have to be getting paid, again, on orders or at drill. Annual Training you are on orders. Then, if he was hurt on orders or at drill, there would or should have been a LOD (Line of Duty) done. I submitted my LOD with my claim for my shoulder and that worked great. As far as his back and the trailer hitch, a Soldier can use buddy statements to help prove that it happened. And those statements have to jive with him being on orders, etc. A couple more questions?, was he ever on active duty besides basic and AIT?, and how many years did he have in the reserves? The reason I ask is because a Solder can get a medical discharge after 15 years in the reserves with modified compensation. They don't put that out there, you have to ask. Kind of like the VA. BTW, I was in the reserves (National Guard) for 27-1/2 years, with 12 of that AGR (Active Guard and Reserve). I did deploy and am a combat Veteran and get some VA comp from that time, however, most of my VA comp comes from my Guard time. All have LOD's and medical treatment records. If your father has no or little income, there is always the Veterans pension. Hope this helps, Hamslice
  9. Another great reason to get a copy of your c-file NOW. And, get all your paper records in a safe place. Pretty easy to delete records from an electric file, both, inedvertently or on purpose. At some time in the future, they (the VA) may determine that a certain page or form is no longer required and do a global erase job in/on Veterans records. To save space (money) in the cloud (LOL, I can talk like I know something), and with a key stroke, your, important to you, record is now gone. Just think, one key stroke can do more damage now than burning down a building. https://en.wikipedia.org/wiki/National_Personnel_Records_Center_fire Trust me, I'm from the government and I'm here to help, Hamslice There should be a paper copy of everything somewhere. Just sayin!
  10. Don't drop it. I am service connected for hearing at 0%. I have that and about 6 other 0%'s in my back pocket. You never know. I am 10% for tinnitus of the left ear. Got that right when I got out, and part of my first claim(s). I think it is easier right away than later, but should be do-able. One problem with hearing is it gets worse as you get older anyway, so, you need before and after comparisons I would think. Do you have a hearing test from your entrance exam into the military?, and then after? Anyway, good luck, Hamslice
  11. Your spine is divided into two rated areas, the cervical is one and the lumbar/thoracic as one. The lumbar and thoracic are rated together. Now, you can get 10 for pain, 10 for arthritis, or 10-40% for range of motion. The highest rating only, no combination, for both areas. I have arthritis in my entire spine, however, my range of motion is 20% for my cervical and 20% for my lumbar/thoracic. My original claim was for pain in motion, etc., of my neck. I was rated 20% cervical for range of motion (limited). Then I claimed lower back pain secondary to my cervical condition. I was awarded secondary for arthritis and rated at 20%, again, for range of motion. Range of motion is where the money is, if you don't have complications like surgeries or accidents, then I don't know. No experience there. Arthritis will get you service connected secondary to an original condition of arthritis. Once connected, then develop with range of motion, as in a increase claim. Hope this helps, Hamslice
  12. What he said ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Hamslice
  13. Are your requesting an increase of a pending claim? How would you know what they are going to rate your pending claim? Your claim is not settled if it is pending, so I am not sure you can request an increase, i.e., an increase of what, etc.. Sounds to me like you have additional evidence (new) for your pending claim. Send in the new evidence, Just saying, Hamslice
  14. I can only believe it to be true that they make deals. Its all a game. Social Security Disability is the same way. Got my wife approved for SSDI in the second month of the state of WI 18 month wait for a judge by extending the time for her to go on Medicare by a year and 4 months. A deal was made by someone and we took it as I had family insurance anyway. The benefit for us was the monthy payment which we got 16 months early, and there was a chance of not winning with the judge. If you think the deals the VA makes are crazy, I have a relative that is a revenue agent. Like I said, its a game, Hamslice
  15. I lost all respect for Shenseki when he made me wear the beret. It was and is for the elite Soldiers, not for everyone. Part of the everyone gets a trophy gang. Anyway, Hamslice