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Found 52 results

  1. Hello, I am rated 70% for Major Depression Disorder. I filed for IU and was denied. I filed an appeal and chose a BVA hearing. I was recently sent a letter for a C&P exam.
  2. My appeal to have my OSA service connected rating back dated to my original claim was completed in December. I've waited for the letter, but nothing. Just today I noticed that my effective date for the service connection on the OSA has actually been changed to 2004. I'm still waiting for the letter, but does that mean I'll receive back pay? I filed my initial claim two months after leaving active duty in 2004. The VA denied service connection because they did not have all of the information. I re-submitted for the OSA service connection, which they agreed was service connected but the effective date was 2014. I filed the appeal/NOD back in 2015 and it just now finished. Old effective date was 2014. New effective date is 2004. Will I get retro pay?
  3. I recently submitted a claim, 09/28/16, for IBS (presumptive to Gulf WAR) and dysthymic disorder. Had C&P exam on 11/16/16 and EBenifits shows Claim Complete on 12/24/16. Received BBE on 01/02/17 only addressing dysthymic disorder (Denied, not SC). There was no mention of IBS and it does not show up at all in my Ebenefits. I should note that C&P exam results clearly note my IBS and referenced my Gulf War Service. Called 1-800 # on 01/02/17 and was informed information on IBS was mailed on 12/21/16 and had to wait 10 days to request copy. Called 1800# yesterday and the woman informed me that I was given incorrect information about the IBS decision being mailed on 12/21/16. She then went into what I will describe as a more technical mode, informing me that she was a VA employee authorized to give and receive claim info. something along those lines. She told me I would have to file an appeal to have it looked at again ( I have no decision to appeal). She then informed me that my best bet would be to file the IBS claim again but this time as secondary to my currently rated GERD. She stressed this strongly and would not answer any of my questions, stating it was my choice to appeal or re=file as secondary. It appeard she was trying to help me out by stressing the Secondary method, but she was very vague and suggested it was the consensus among who she was conversing while I was on hold that I undertake the Secondary path. My questions are does anyone know what occured here? Why was I not notified of a decision either way on IBS? I thought IBS was Presumptive! Is Secondary the best path?
  4. ok so.... little more news about docket #s so when you file your form9 not your nod date not your claim date... its the date you file your form9 for appeal at bva.. not your dro , the bva. then it starts time. i dont mean to sound this way but so much he said she said on here.... the date you sign the form 9 and it is put through the checklists is the day you get a docket. this docket is not disclosed to you the veteran because you probably have an issue with it. thats another point but,.,,, so if you have a few different appeals going and your newest appeal has yet to get a formal form9 then the bva mysteriously is allowed to give you a docket year of the last one. no matter if the others are older... if they roll all into one then you get the last date. some might say who have royalty payments... well its because they are contentions close to each other...FALSE .... EARS HAVE NOTHING TO DO WITH ANKLES...... HANDS HAVE NOTHING TO DO WITH ERECTIONS....... ANYWAY..... GET IN ON THE DISAGREEMENTS OF THE DOCKET RULES AND FIGHT.... ITS ABOUT US BUT ALSO THE ONES TO COME.....
  5. i see a lot of things on line regarding time frame. most start with the word NOD,,,, well im trying to get a real conversation on time frame. im not asking about returns to bva or when your appeal started,, i know that info.... MY QUESTION IS,,, ONCE YOU MET THE JUDGE IN DC AND DISCUSSED YOUR CASE AND HE SAID THATS THAT,, NOW WAIT FOR MY DECISION,,,,,, HOW LONG IS NORMAL..... HOW LONG IS NORMAL TO WAIT FOR A JUDGE TO MAKE A DECISION ON A CASE HE HAS PRECIDED OVER?
  6. I GOT AN INTERESTING ONE. SO A RECENT FOIA RESPONSE SHOWS A QTC EXAM REQUEST WRITTEN BY THE SAN DIEGO RO. IN THIS LETTER TO THE DR. IT STATES THIS.... PLEASE EVALUATE THIS BILATERAL HIP CONDITION FOR AGGRAVATION OF A PRE-EXISTING CONDITION. THIS BILATERAL HIP CONDITION IS CLEARLY A PRE-EXISTING CONDITION. THE QTC COMES BACK AND SAYS " THIS IS NOT A PRE-EXISTING CONDITION. THERE IS NO PROOF OR MEDICAL EVIDENCE, OPINION SHOWING ANYTHING REGARDING THE OTHER HIP ONLY THE PRE SERVICE CONDITION OF THE ONE HIP" IVE ALWAYS WRITTEN ABOUT THIS IN MY NODS...
  7. Greetings all, This is my first post after looking for similar situations. My C&P exam for spine issues was in June and it seemed favorable until an addendum was made this month which turned everything around. They denied my claim for aggravated spine issues and had inaccurate information stating my condition didn't progress until after service. Is the best way to go about this by filing an appeal or by making a new claim for low back pain?
  8. I received my VA disability claim decisions (one service-connected at 0% and the rest denied). In review, of VA's "breakdown " of making their decision on my denied disabilities, I noticed two disabilities had the following remarks: "Service treatment records show that _______ manifested while in the service." I mentioned these conditions based on my VA and private medical records, but was surprised, that it was mentioned in my service records. I "combed" through my service treatment records but cannot find such entries. One of my questions, where in my service records did they find these existing conditions? I am going to appeal, but can I as a Veteran, have access to the VA's examiners decisions or can they reveal where these conditions are located in my service records?
  9. I served in the military in 1996. During basic training I was injured. 1. I applied for disability due to the injury in 2000 and was denied then again in 2002. In 2002 I never received a letter stating the denial. I called several times and was told that I was denied. In 2016 I went back to apply because the back & neck injury that I received in the service is really server now. When I went to reapply the lady at the VA Hospital told me that I was NEVER denied. That I was just rated at 0%. She said that I should have been told whenever my condition got worse to apply for an increase. Since I never received a letter and I was told verbally by 2 different people that my case was denied can I appeal the decision that was made in 2002 or is the only recourse is to reapply. If I reapply can I get them to pay me back to when the condition got severely worse which is about 6 years ago? HELP, What should I do? I know I should not have waited this long but I also suffer from PTSD which causes me to limit my contact with people and because I had applied twice and was told both times that I was denied I did not have the strength to try again. If my condition had not gotten so bad that I can do nothing now I would never had gone back.
  10. I have a question regarding getting an appeal approved for sleep apnea now that I am out of the military. While I was active duty, I was given two sleep studies that did not show enough apnea for a diagnosis. I also had throat implants and a sinus surgery to help with breathing, fatigue from poor sleep, and snoring. Nothing seemed to help. I did get a service connection for sinusitis with zero compensation. Last month my doctor sent me to another sleep study which revealed sleep apnea and then I followed up with another test using the CPAP. Now I'm wanting to go back to the VA and submit a claim and I'm wondering if there is any advice on what to do. I am having my doctor look at my service medical records to see what is in there. Thanks for any advice you folks have.
  11. Hello, This is my way of introducimg myself to the Hadit community as a whole. I only surf forums and give opinions and such to things that relate to me personally and my Battle with the VA I wanted to get not only all of these tags talked about, but i would hope to be able to at least get all of those abbrvs broken down for the people that come to this site in need I have noticed a lot of us old hats talk to each other in a comfortable, approachable, yet sometimes maybe even un-understandable to those who aren't in our War with the Rap-i um, mean Rating Officers Some of the people stopping by here for well deserved and needed help may not even be Vets, but their Spouses, their guardians, and most Unfittingly too often their Widows I hope to try to build a little list, where if someone came here, they would have, oh, lets say a nice rusty ass old anchor to grip on to, you know, to help them ride out this Hellacious Hurricane of a system we face Add any word, phrase, Article or Chaptet number of any Law, Rule, Regulation that you would like to help pass on, well, not only the cold logical definition, but tye way it helped you in YOUR Battle. i want this thread to be open and honest, but please, don't get lost and sidetracked trying to impress the community, if a discussion blooms from seeds planted here, take your conversation to the Mail system, and coax them to sproutlings on your own dime, and come back with your Harvest of Ideas. Only we have each other, as i have stood on my own for this last 2ish years, i have wanted something more Here, there be monsters, hide no truths, hedge no bets, the deaper we are able to cut on here, the finer and more powerful Claims we can make. Always remember, we should be advancing, and when i steped into Hadit, i started to feel something different on this Battlefield, ever so softly, in the muck, my arm tired from holding back the Tide of VA bullshit... I felt a small click on my shield, it was YOU! You and I, we began to share the load, gave us both second wind. And slowly, i realized what T-Bird has done, he has started a Cadence! my Shield-Brothers and ShieldSisters. Every one of you, whose words i read, eased my burden. The VA can only xxxx us as individuals. Remember, nearly a hundred years ago, when people REALLY figured out how democracy can work for the minority within the majority, Prohibition was passed, and that is because of Soldiers of Ideals. Our issue is, the VA makes us literally be the David to their Goliath. They demand that we beg for our scraps. Very few Vererans are in the position to demand their Just Compensation because first off, we are broken. Assailed by disabilitys they expect us to fight. Alone! They punish us horribly with Time, and indifference......they teach us to Hate the individuals in their system, Whistleblowers ignored except when it boosts Ratings yet never allowing us Veterans ourselves the ability or TOOLS to help OURSELVES. i dont want someone coddling me, i can repair my own engine given time and proper tools. No way in Hell am i gonna try to pull impacted lugnuts off with my teeth now am I? "that some small amount of moneys may be paid to the maimed, the crippled, his widow, his children...." -Abraham Lincoln (Maybe not exact words, but its from my xxxxxx up memory so go google for Knowledge)
  12. Hello, This is my way of introducimg myself to the Hadit community as a whole. I only surf forums and give opinions and such to things that relate to me personally and my Battle with the VA I wanted to get not only all of these tags talked about, but i would hope to be able to at least get all of those abbrvs broken down for the people that come to this site in need I have noticed a lot of us old hats talk to each other in a comfortable, approachable, yet sometimes maybe even un-understandable to those who aren't in our War with the Rap-i um, mean Rating Officers Some of the people stopping by here for well deserved and needed help may not even be Vets, but their Spouses, their guardians, and most Unfittingly too often their Widows I hope to try to build a little Pist, wher if someone came here, they would have, oh, lets say a nice rusty ass old anchor to grip on to, you know, to help them ride out this Hellacious Hurricane of a system we face Add any word, phrase, Article or Chaptet number of any Law, Rule, Regulation that you would like to help pass on, well, not only the cold logical definition, but tye way it helped you in YOUR Battle. i want this thread to be open and honest, but please, don't get lost and sidetracked trying to impress the community, if a discussion blooms from seeds planted here, take your conversation to the Mail system, and coax them to sproutlings on your own dime, and come back with your Harvest of Ideas. Only we have each other, as i have stood on my own for this last 2ish years, i have wanted something more Here, there be monsters, hide no truths, hedge no bets, the deaper we are able to cut on here, the finer and more powerful Claims we can make. Always remember, we should be advancing, and when i steped into Hadit, i started to feel something different on this Battlefield, ever so softly, in the muck, my arm tired from holding back the Tide of VA bullshit... I felt a small click on my shield, it was YOU! You and I, we began to share the load, gave us both second wind. And slowly, i realized what T-Bird has done, he has started a Cadence! my Shield-Brothers and ShieldSisters. Every one of you, whose words i read, eased my burden. The VA can only xxxx us as individuals. Remember, nearly a hundred years ago, when people REALLY figured out how democracy can work for the minority within the majority, Prohibition was passed, and that is because of Soldiers of Ideals. Our issue is, the VA makes us literally be the David to their Goliath. They demand that we beg for our scraps. Very few Vererans are in the position to demand their Just Compensation because first off, we are broken. Assailed by disabilitys they expect us to fight. Alone! They punish us horribly with Time, and indifference......they teach us to Hate the individuals in their system, Whistleblowers ignored except when it boosts Ratings yet never allowing us Veterans ourselves the ability or TOOLS to help OURSELVES. i dont want someone coddling me, i can repair my own engine given time and proper tools. No way in Hell am i gonna try to pull impacted lugnuts off with my teeth now am I? "that some small amount of moneys may be paid to the maimed, the crippled, his widow, his children...." -Abraham Lincoln (Maybe not exact words, but its from my xxxxxx up memory so go google for Knowledge)
  13. My husband( a Marine combat vet - infantry) received a call today that the VA is scheduling him an Independent Medical Exam. He is currently rated at 40% (Dec 2013) for back, knees, hip - service connected. When he only won 40% we appealed the decision and hired a lawyer. The lawyer immediately sent us to a specialist for my husband's specific disabilities which also cost us a small fortune, for an Independent medical exam. We found out after a battery of tests that my husband's condition was much worse than the VA's lousy exam expressed(big surprise there huh?). Our lawyer wrote up his case including this well documented evidence from our Independent Medical exam and documentation showing my husband's in service medical reports. First we had a de novo review with the help of our congressman where they didn't even read any of the paperwork because they didn't even put the right hip or knee on the report and basically said your exam doesn't mean squat and ours which didn't even include a specialist or the correct testing means more. So we are now waiting for a DRO review since November 2015. Questions: 1. Why do they want one of their hired "independent" companies to do yet another exam on my husband? It is to try and weasel out of giving him the disability he deserves? 2. Now I am so worried by the VA's actions that I'm concerned they will try and take his 40% away from him as well and this appointment for the Independent medical exam will do that. Is that a possibility? 3. Does the fact they are setting up an appointment for this Independent Medical exam mean we are getting close to his DRO hearing? The VA worries me to no end. I would appreciate any info or experience y'all have.
  14. This is a decision I recently received from the BVA after a successful battle at the CAVC (please see below). My appeal dates back to May 2006. I just need clarification on a few things. Staring with what disabilities exactly are they granting me. I don’t understand what is meant by “a disability characterized by chronic fatigue”. What exactly is" that" disability? Do they mean chronic fatigue or something similar to chronic fatigue? Is the polymyositis going to be secondary to major depressive disorder? Another thing that confuses me is that they are saying these things (chronic fatigue and polymyositis I assume) are secondary to my major depressive disorder. I was only granted service connection for major depressive disorder in May 2014 and this appeal dates back to May 2006. Which date will they use to determine the award May 2006 or May 2014? Any help on clearing up these matters will be greatly appreciated. Thanks in advance. FINDING OF FACT The Veteran’s currently diagnosed chronic fatigue disorder, to include polymyositis, is aggravated by her service-connected major depressive disorder. CONCLUSION OF LAW The criteria for service connection for a disability characterized by chronic fatigue, to include polymyositis, to include as secondary to a major depressive disorder are met.
  15. Hello, I had three apeals for effective dates close on Jan 29, 2016. I received a letter from BVA on Feb 8, 2016 stating they were granting an earlier effective date for my 100% service connection. The original effective date was 2/03/2013 and now it's 2/04/2012. So my question is how long should I expect it to take for retroactive to hit my account? I've won one other appeal through BVA in 2010 for my 50% rating and retroactive hit within 3 weeks of the claim closing. My claim is flagged with hardship. Any advice would be appreciated. Thank you!
  16. Hi all, After contacting the VA Secretary, my appeal has left AMC and is back at the board. During that week process, my DAV Representative wrote an arguement for me regarding my remand. Looked excellent. I received an update on Friday through ebennies that my case is "Pending Hearing Request/Scheduling". Does anyone have a clue when the next step could be and if that next step is "With Veterans Law Judge?". My appeal has a docket date of 2012. Thanks All! SF03
  17. All I can do is laugh at this point. I suppose I am happy with the positive part, but the second half is being remanded to AMC. The remanded appeal has been there since December 2015 (AMC), does anyone have any contact info for AMC? All I can find is a fax number. I am trying to find out where my retro pay is, new percentage change, and what's going on with the other half of my appeal. Thanks all, SF03
  18. Fellow Warriors, I was a reservist where i attended bootcamp and school (then transferred to reserves with an Honorable DD214) '89-'90, called to active duty for Desert Shield and deactivated with another honorable DD214 ('90/91) and entered active drilling status. During my 2 week active duty in 1993 i was in a HWMMV that rolled over and had subsequent back surgery/injuries. During monthly drills in 92/93 i was at sick call, with documentation, etc. in 94 i started missing drills and was discharged in 1995 with an admin separation OTH (for missing drills). My initial claim for this back injury was denied due to Character of Service (so service time from 91-95 was not honorable). I am due for an appeal next week, and want to know if i have a shot at getting some VA benefits for this even though my discharge was not Honorable even though the documented injury occurred on active duty training.
  19. Hi all, I got this letter from the VA today and I don't understand what it means. I am going to type it in and see if someone can help me out. We have implemented the decision form the board of veteran appeals of march 12 2016 This letter tells you about your entitlement amount and payment start date and what we decided. Your monthly entitlement amount is shown below: $541 sept 1 2009 $770. oct 1 2011 $797 dec 1 2011 $810 Dec 2012 $822 de 2013 $836 dec 2014 $917 nov 1 2015 $976 Jan 2016 $917 Mar 2020 You can expect payment the first month following your effective date. What we decided is open reduction fracture which is currently 10% disabling is increased to 20% effective from Aug 2009. Also the 10% knee strain effective date is granted to august 2009 Your overall rating is 50% I was at 10% for years then up to 20% for a few more years and been at 40% for the last few yrs. Do you need more info? What does all this mean in laymans terms? Thanks for your time and input.
  20. Hello:) Pretty new to this site, but have read some great advice, and support, so I will ask for some input for my appeal. Back story... I filed for anxiety in 2013 (I should've claimed it in my separation exam in 2009-- but didn't want that "stigma"...silly I know) Claim closed in mid 2014. They rated me 10%... Mind you, I had anxiety in service (due to a traumatic event) and was on medication for many years. I filed my NOD in the summer of 2015 ( I know.. it took me a while to file it, but I was going through other family events, either way I got my appeal in within the year mark) When I did my initial C&P with the mental health DR... I had told them I was missing some work due to this, but wasn't on FMLA yet cause I hadn't been at my job for a year, and that was a requirement... Still.. 10% I sent in my NOD requesting a DRO De Novo Review, cause by this time I had been approved FMLA and had already lost over 150 hours of unpaid leave due to panic attacks.... also since then another VA Dr. diagnosed me with a Panic Disorder and other mental health issues, not just the Generalized Anxiety Attacks first stated to me. I know appeals can take forever.... but I submitted all new paperwork, my new exams are in the system, ..... Just hoping that they can see my issue is more than a 10% rating.. it has literally taken over my life. Do you think of what I just typed would at least warrant a 30% eval? It would be great to hear any stories of success, or not such good news on your appeal with similar background.... Thank you all, and God Bless :)
  21. After ten plus years, it looks like the fight still goes on! Most of the details are more or less resolved, but there are a couple of outstanding ones that nobody seems to want to deal with. At least the BVA hearing resulted in a five figure retro award. But it looks like another go around will be needed to actually obtain an increase to the present compensation amount. I had hoped to get off the "Hamster Wheel", but it looks like another round will be needed.
  22. Okay I have some questions Regarding the differences of the BVA CAVC and Supreme court Appeals.... Does the BVA determine or review the constitutionality of appeals based on due process? In non veteran courts they review Constitutional appeals in a strict manor, does this hold true for the BVA? If not how does the BVA respond regarding jurisdiction and appeals concerning due process? Does the CAVC review decisions regarding the BVA before they become final? If title 38 CFR doesn't coincide with United States Code how does the BVA address this? What other recourse does a veteran have at their disposal if their due process rights have been violated? Thanks for your help and consideration, Sox
  23. Hi Everyone, Long time lurker, first post. I recently received a call from the DAV in Washington DC. A gentleman explained to me that he submitted my arguement to the BVA on Novemeber 3, 2015. Go back to 2009, that is when the BVA received my appeal. For now, my case has been assigned to a veteran law judge and has had 3 date changes between November 3 and Dec 10. Is this a good thing? Haven't seen a whole lot of info on this specific part of the appeal. Thanks, SecFo03
  24. WHY WOULD A JUSTICE OF THE CVAC ASK A QUESTION LIKE THIS TO VETERAN ATTORNEY<<<<<<<<<<< SO, IS IT YOUR OPINION THAT THE GOVERNMENT HAS A BURDEN OF PROOF TO PROVE THAT A VETERAN IS HEALTHY UPON SERVICE AND SOMEHOW ALSO THE GOVERNMENT HAS THE BURDEN OF PROOF TO SHOW THAT THE SAME VETERAN IS UN-HEALTHY LEAVING SERVICE???? WOW,, THAT JUSTICE DID ASK THAT QUESTION.... AND ANYONE WHO FOLLOWS VETERANS LAW KNOWS THAT YES, THEY DO HAVE THAT BURDEN AND THAT SHOULD HAVE NEVER BEEN ASKED!!!!!!!!!!!!!
  25. I BELIEVE THIS IS AN IMPORTANT TOPIC HERE!!!! 1. A VETERAN MIGHT BELIEVE THAT THEY HAVE A GOOD CUE BECAUSE THEY WHERE LATER GRANTED SERVICE CONNECTION FROM A CLAIM THAT ORIGINATED A DENIAL FROM BEGINNING. 2.SOUNDNESS OF ENLISTMENT MEANS THAT!!!! NOT SOUNDNESS AND A PREEXISTING CONDITION, YOU NOR THE GOVERNMENT CAN SAY ONE EXISTS WITHOUT THE OTHER!!!!! IN OTHER WORDS,, YOU DO HAVE A PRE-EXISTING OR NOT. BECAUSE ONE OF THESE CREATES THE BURDEN SHIFT THE OTHER DOESN'T. 3. IF THE GOVERNMENT DECIDES THAT YOU ACTUALLY WERE SOUND AT ENTRY THEN THE BURDEN IS AT THAT MOMENT SHIFTED TO YOU TO PROVE SERVICE CONNECTION. IF THE GOVERNMENT DECIDES IT TOTALLY DID EXIST THAN BURDEN STILL ON GOVERNMENT. DONT GET CONFUSED WITH CUE CLAIM IF YOU ALL OF A SUDDEN GET AN ACCEPTANCE FOR A GRANT OF SC. MAKE SURE THEY HAVE STATED THAT THEY ACKNOWLEDGE A PRE EXISTING CONDITION GOT WORSE!!!! BECAUSE IF ALL THEY STATED WAS THAT THEY WERE WRONG AND YOU WERE ALWAYS WERE SOUND THEN THE VETERAN HAS ABSOLUTELY NO RECOURSE OR RETRO BECAUSE THEY ARE SAYING THAT YOU DID GET THE SC FROM SERVICE AND IF YOU TRY TO FIGHT WITH CUE ALL YOU WILL GET IS THE BURDEN OF PROOF ARGUMENT BACK IN YOUR FACE FOR EGG!!!!!