Senior Chief Petty Officer
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Hamslice last won the day on February 17

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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
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    Old Cars and Trucks and Machine Tools

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  1. Bump for the weekend crowd.......... Hamslice
  2. I am about half way through going page by page going fast. I have seen a couple things I haven't seen before. However, there is a lot of duplication in there. Some 3 or 4 times on some docs??? No smoking gun, yet. LOL, Hamslice
  3. OK experts, Need a little help here. I claimed left ankle/foot pain secondary to my right foot plantar fasciitis. I was granted service connection, but at a 0% rate. I went to my podiatrist and told him my left ankle was unstable and had pain and he prescribed a foot brace, etc. All of this is in the claim. Anyway, why not comp ($) for pain? From my letter; 1. Service connection for left ankle achilles tendonitis (claimed as left ankle pain) as secondary to the service-connected disability of right foot plantar fasciitis. Service connection for left ankle achilles tendonitis (claimed as left ankle pain) has been established as related to the service-connected disability of right foot plantar fasciitis. A noncompensable evaluation is assigned from May 10, 2016, the date we received your claim. We have assigned a noncompensable evaluation for your left ankle achilles tendonitis (claimed as left ankle pain) based on: • A diagnosed disability with no compensable symptoms Note: In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. {38 CFR §4.31} The provisions of 38 CFR §4.40 and §4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown and Mitchell v. Shinseki, have been considered and are not warranted. A higher evaluation of 10 percent is not warranted for limitation of motion of the ankle unless the evidence shows: • Moderate limitation of motion of the ankle based on dorsiflexion less than 15 degrees or plantar flexion less than 30 degrees; or, • Painful motion of the ankle. From C&P exam; LEFT FOOT: Is there pain on physical exam? [X] Yes [ ] No If yes, (there is pain on physical exam), does the pain contribute to functional loss? [X] Yes [ ] No This is one of the recent cases where at everytime the rater asked for a clarification from the examiner and when she responded it went to a different RO. Go figure. Thanks for any help, Hamslice
  4. Winner, winner, chicken dinner...!!! Good job, Hamslice You may be finished, but always be prepared to the VA sneak attack. Them bastards..
  5. All, I did get my CD today. 1650 pages in pdf. Wow. I had to get ready to go to work, but took a quick peak and the first pages are my C&P from my last claim and page 1650 is from basic training. Brought the CD to work. If I have some dead time, I may take a couple more peaks. I did have time to download into my storage drive at home so I do have a copy. Might go to Office Max and have them print the whole thing for me. Easier for me to look at and read, however, I agree with Buck, you cant beat "find" in the pdf format for looking for certain things fast. Hamslice
  6. Scott, I stop at my CVSO (County Veterans Service Officer) and she had me sign a 21-4138. I what I got today, it looks like she faxed it to: To Department of eterans Affairs. F ridence Intake Center, Janesville So, it looks like she faxed it to Janesville. However, the CD came from St Louis, if that means anything.
  7. All, I know we get a lot of "how long to get my c-file" questions, so I like to post my results for the record. In 2013 is was about 3 months and that was a paper mess. Lots of duplicates and in no order whatsoever. Now, I put in a request October 14, 2016 and I see on eBenefits its closed with a February 15, 2017. So, thats 4 months, 1 day. Not sure what I am getting in the mail, but from recent posts, some say it could be a CD. I will report on what I get in the mail and let everyone know. And, if its a mess or not. Another win, small, but a win, Hamslice
  8. There used to be ways to poke around eBenefits and get a heads up, but the last two claims I had, everything on eBenefits said the same thing a the same time. So I think they have gotten there act together as far as what is on there. That said, I have had prep for decision go back to gathering evidence many times. Sometime for a couple weeks, and once a couple hours. I have had the status change three times in the same day. Yep, I suffer from the eBenefits afliction. I don't drink or do drugs, so I got to have something. You never know for real until you get the letter in the mail. FWIW, Hamslice
  9. No, if they gave you 70% you will receive comp pay. However, you will not receive any pay until you satisfy any monies you may have gotten in the past, like separation pay, and I am sure there are other types of pay. I was initially rated a 30%, then 40 and then 60 before I got any money. I had to pay back my $64,000 involuntary separation pay. E8 at 14 years. I only had to pay back $37,000 because of the VA no tax. I did not get any VA comp money for three years. Also, your money might be going somewhere else??? Go on eBenefits and check your payments record. You will see if they sent you any money. That said, do you have a direct deposit set up with the VA? Hamslice
  10. Here's the deal. For me anyway. Tendinitis and arthritis, can and should be claimed separately, but, you will only get one rating, i.e., if they gave you the max for tendinitis, you would get 10%, and if you got the max for arthritis, you would get 10%. But in the end they will only give you 10% total. Not both. I know this, because I have this on both my shoulders. The reason you want to fill on both is if you loose one, you may get the other. Now, the big money is in ROM (Range of Motion). Tell in the claim that it hurts to move your arm (shoulder pain). They should measure your ROM. Here is where you can get up to 40% if I remember correctly. You get more if it is your dominate shoulder. I get 20% (dominate) for my right and 10% for my left. Just so you know, if service connected, you get 10% for arthritis from an x-ray. That's an easy 10%. ROM on the other hand is subjective. You will NEED to tell the examiner when you feel pain (first feeling) when he moves your shoulder through the ranges. DO NOT let the examiner wrench your arm past pain. And don't YOU move past pain. You are trying to show the examiner when pain first starts because you are claiming pain. Hope this helps, Hamslice
  11. I do know that my CVSO office has a file on me and in that file is a letter (list) from my rater. I got to see it once, but the secretary held her hand over the raters name. She told me that she wasn't supposed to show me (us) because it had the raters name on it. What I did like about it is that it listed the disabilities, percentages and if they disability was "static". "Static" disabilities are disabilities that won't improve. Makes me think that they would be less inclined to re-evaluate at some later date. Which is good for piece of mind. But then, nothing is safe in VA land. Not sure if "static" shows up anywhere else nowadays with eBenefits and myHealthyVet, etc. I'll have to drop in and see if all my latest maledies are static or not. FWIW, Hamslice
  12. For me, having a claim reffered was a good thing. I think I have had it happen twice, both were subsequently service connected, one a 0% and one at 20%. The one that was rated at 20% was a request for increase from 10%, and I think he (the rater) sent it out for someone else to look at it. You did't say what VA disabilities you currently have, so I will not guess what they are looking at, but, secondaries are not a bad thing, and in my case, my secondaries (all three) got higher ratings than what there primaries were rated at. I have stated this before on this forum, but again, I have a primary rated at 0% with a secondary to that condition rated at 30%, so don't sell a secondary short. And, zero's are good too. I have seven 0's. But if I die from one of them, my wife gets DIC. Anyway, keep plugging alone, it takes time in VA land almost all of the time, Hamslice
  13. Mike, I found this out last year when part of my claim was reffered twice. Both times the RO's asked the examiner a question and I had a paper C&P (a C&P where the Veteran does not attend) and then was inturn asked to opine on whether "greater than 50" etc. What I found disturbing was that in the past all my stuff was done at the RO in Milwaukee, but now it went to two different states, far away. Talk about reinventing the wheel at each step when one RO should be looking at the Veterans record (or a specific claim) the whole way through. What I did see in myHealthyVet was that at each stop it did give the RO's name and phone number. I don't think it did that before, because it was always at the same place. I'm not sure if you can call them and talk to them or not, but the name and number is there. Anyway, no customer caring at all and yes, passing the buck (see what I did there Buck) to someone else who has to ask the same questions, again. Hamslice
  14. I did talk to my CVSO today. She is who I have taken my claims to and she forwards them to my POA, the VFW. She did tell me that currently the VFW is doing a better job than the Legion, and that the Legion is overworked undermaned, etc. She did give me a contact for my VFW rep, so I may contact him when I get my c-file. If I don't get my c-file by July, I will file the appeal and the new secondary with what is on myHealthyvet and my medical records that are at the VA Hospital. I was just hoping the c-file would explain some things to me better. If I can swing it, I may get an IME/IMO also. The other issue is I live about 4 hours from anythng, either VFW rep or a Doctor that will do an Veteran IME/IMO. Doctors around here, do not understand the VA claim process and will not fill out any VA forms, etc. I had a doctor fill out a SSDI form for my wife (which I can believe worked) that he only filled out one blank and signed his name. I know that would not fly in the VA world. Anyway, thanks for the imput, Hamslice