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How to Get your VA C-File


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    • VA CUE Request
      I submitted new claims back in March 2016 and received partial decision for 30% increase for post traumatic vertigo as secondary to my 40% TBI. I was waiting on my ear and tinnitus claim to be completed and as those two claims closed out I received a notice to retract my previous partial rating of 30% increase for post traumatic vertigo. I'm little lost of what I should do and seeking advice from you all. Whether the evaluation assigned for post traumatic vertigo was clearly and unmistakably erroneous. Clear and unmistakable errors are errors that are debatable, so that it can be said that reasonable minds could only conclude that the previous decision was fatally flawed at the time it was made. a determination that there was a clear and unmistakable error must be based on the record and the law that existed at the time of the prior decision. once a determination is made that there was  a clear and unmistakable error in a prior decision that would change the outcome, then  that decision must be revised to conform to what the decision should have been. In this case, the disability evaluation is reduced because the previous decision was a clear and unmistakable error. The rating decision of April, 2016, contains clear and unmistakable error in the establishment of a separate 30 percent evaluation for post-traumatic vertigo. The decision in question established a separate evaluation using a symptom of traumatic brain injury (TBI) already evaluated under the faucets of TBI evaluation, as vertigo is a subjective symptom that is already considered in the faucet of the TBI criteria. The evaluation of the same disability under various diagnoses is impermissible under the laws governing service-connected compensation benefits (38 CFR 4.14). Evaluations concerning residuals of TBI require that a VA decision-maker evaluated each condition separately, as long as the same signs and symptoms are not used to support more than once evaluation, and combine the evaluations for each separately rated condition. remaining residuals that cannot be attributed to distinct diagnosed conditions as result of TBI are considered under the aforementioned facets and single evaluation is assigned (38 CFR 4.124a). As the etiology of your vertigo was noted to be symptomatic residual symptom of traumatic brain injury rather than an etiologically distinct diagnosis, there is no basis upon which to establish a separate disability evaluation for this condition. As such, the current evaluation is proposed to be discontinued effective Mary 2016, the date it was erroneously established; upon final discontinuance, this condition will be evaluated as a symptom of TIB and combined accordingly. Your overall evaluation is proposed to reduced from 80 percent to 70 percent as a result of this discontinuance. Please note, as this reduction is the result of VA error, no overpayment will be created as a result of discontinuance.  
    • Appeal Complete
      Thank you for the reply!  My retro pay amount is definitely going to be more than $25,000.  We figured it up, and it is going to be a little more than $30,000.
    • Appeal Complete
      Progression to the money should happen very quickly.  However, if your retro pay amount is greater than $25,000 you may have to wait a couple of weeks for additional funds approval signatures.
    • Medicare, yes or no? Not sure where to post this.
      I agree 100%, the guy I talked to last time said there is no penalty, I then again explained how I had opted in, then opted out and only had VA for healthcare, he had to go and ask someone.  Thanks for the info, I might just hold off and wait but will definitely confirm.
    • Appeal Complete
      On my Ebenefits account, it shows that my appeal was completed on 5/16/2016.  Just a few days ago, I received a letter from my representative (DAV) that reads: "Service connection for post traumatic stress disorder claimed as anxiety and insomnia is granted with an evaluation of 50 percent effective March 9, 2013.  Initially, I was denied because of a missed appointment, so I filed an NOD and was just scheduled for my C&P exam a few weeks ago.  Within what seemed like no time, I saw that my appeal was complete and I received the letter from the DAV stating that I was granted PTSD and increased from 40 to 70 percent (I am at 40 for IBS and Tinnitus).  My question is, does anyone know how long it will take me to receive the official decision letter from the VA?  I know it has only been a couple weeks since my appeal was completed, but you guys know how it is as far as waiting to get the official decision and the money.  Any info would be much appreciated.  Thank you so much!
    • Appeal Complete
      On my Ebenefits account, it shows that my appeal was completed on 5/16/2016.  Just a few days ago, I received a letter from my representative (DAV) that reads: "Service connection for post traumatic stress disorder claimed as anxiety and insomnia is granted with an evaluation of 50 percent effective March 9, 2013.  Initially, I was denied because of a missed appointment, so I filed an NOD and was just scheduled for my C&P exam a few weeks ago.  Within what seemed like no time, I saw that my appeal was complete and I received the letter from the DAV stating that I was granted PTSD and increased from 40 to 70 percent (I am at 40 for IBS and Tinnitus).  My question is, does anyone know how long it will take me to receive the official decision letter from the VA?  I know it has only been a couple weeks since my appeal was completed, but you guys know how it is as far as waiting to get the official decision and the money.  Any info would be much appreciated.  Thank you so much!
    • Medicare, yes or no? Not sure where to post this.
      Seminoles.  No.  There should be no penalty if you sign up EITHER:  1.  When you get disabled  OR 2.  At your age 65.   This is the way I understand it.  You get a second chance without penalty when you turn 65.  Check with Social Security website to make sure.   However, I learned something.  Dont trust the social security rep on the phone to "always" tell you the truth, just like you can not trust VA employees to tell you the truth.  Once Bill Clinton got caught lying, it seems like the whole government then thought it was okay for everyone else, too.  
    • IME and Physician conflict of interest
      Thanks for both of your replies broncovet and ArNG11. I do still intend to get the IME/IMO just don't want to start jumping from one thing to the next or wait to long; done both in the past and gotten bit in the backside (for both). Weird, I am  I.T. by trade tell people to be patient give it a chance.  What do I do, I start chomping at the bit. If he doesn't respond by the end of the week I will send another email to follow up and see if he responses to that.  If not, then I guess I start looking again....  (ARGH!!!!)
    • Is it possible to back date disability pay to time of injury?
      I wish the VA had paid me to the date of my claims, sometimes they don't even do that :(  I have never heard of being retro paid to the date of injury, date of claim yes but I am curious how that was awarded as well.

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hp1030

Camp Lejeune Water Survivors

15 posts in this topic

Fellow Vets:

Has anyone that was stationed on Camp LeJeune NC prior to 1983 claimed to VA for the water poisoning situation there and the aftermath???

What was the approach?? Is there a sure shot strategy??

I heard a lots of Vets that used to be stationed there are filing a Form 95 with the dept of justice, I believe VA is as responsible, I would like to hear your opinion.

Is anyone aware of this??? This as I see it is mass killing of our Honorable Servicemen and more importantly their Families..

Will this go un-punished???

Any Information in this regards will be highly appreciated.

HP 1030

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Yes I was stationed there from 1981-1984. I have filed form 95 and the Department of Justice frowarded the claim to the Department of the Navy. I have received reply from Dept. Of Navy and They want me to send in all medical records that I have to support my lawsuit. I am now in the process of hiring a lawyer to work the lawsuit.

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Very well KennyJ lets keep in touch.

Any luck with VA??

HP

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Go to this site for all info yiu will ever need on this subject.. Sorry don't know how to add link

"THE STAND - Toxic Homefront Empowered Survivors Take All Necessary "

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Thank you sir. Was there an specific amout you requested??? One million???? two?? No amount will sufice. What records they want???

Thanks in advance;

HP

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I made a mistake and sent in wrong form .. Had 2 form #95. Sent in the one with $500,000 the other had 1 million but that is something the lawyer can straighten out I guess.

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Great KennyJ. I hope that you get every cent of it. Have you claim to VA?? Is there any advice in regards to that, anywhere???

HP

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This is the link and the current status of the situation. The problem is military cannot file a Form 95 against the government I was told. I file a claim for Barrett's Esophagus in March 2005 with the VA with the Camp Lejuene Toxic Water as suspected cause along with serveral other conditions such as ulcers at a young age while in the Marine Corps. I was stationed there from 1966 to 1968 with the 3d Bn, 2nd Marines. Of course, as with the rest of my pending claims I have had C&Ps for but have not heard a thing from the VA on the claim for Barretts Esophagus nor have they ever even acknowledged or addressed it. When I questioned the VARO the response was standard.........."Wait until I receive my brown envelope (12th of Never) and if it is not addressed in the rating decision to immediately let them know." :^D I attached WEB information from the Marine Corps website as proof of the toxic chemicals and so far known problems caused by it and copies of my SMRs showing several bleeding ulcers along with my IMO Gastroenteroligists diagnosis and treatment history. I also included the page out of my SRB showing the official dates of my assignments at Camp Lejuene with the 3rdBn, 2nd Marines. When the 12th of Never arrives and I get the envelope I will let you all know what the VA decided if anything.

I was told up front by my AMVET VSO that I could not file a claim for Barretts Esophagus for AO and the Camp Lejuene thing has not been completed or proven to cause the problems yet. I dressed him down and told him not to ever tell anyone they can not file a claim for anything as it is up to the VA. AND how do you think the presumptive AO conditions got to be? That's right! Vets filing claims for the problems they have they believe was caused by AO or some other condition. Terry is right, I filed with the VA for the exact reason he stated, just in case later on down the road the VA awards compensation for it and the record will show I claimed it back in 2005.

As far as I know, only military dependents can file the Form 95...........not military. I know a lot of them filed it anyway but unless the law has changed Federal employees cannot sue the government.

http://www.watersurvivors.com/default.asp

"4/12/2006 - Law Firm

CAMP LEJEUNE WATER CONTAMINATION CLAIMS Dateline: 3/30/2006 Anderson Weber & Henry is proud to serve as national legal counsel for claims arising from possible water contamination at Camp Lejeune. For legal questions related to your potential claim, please contact the law firm, toll free at 1-866-993-7958 . For more information on the water contamination at Camp Lejeune , please visit the website, The Stand. Persons wishing to file a claim with the Department of Justice may complete a Form 95 .* Questions regarding the completion of this form may be directed to the Civil Division of the Department of Justice at 1-202-514-3301 . Recent news coverage: LA Times, " Cancer Stalks a 'Toxic Triangle' by Ralph Vartabedian, March 30, 2006. LA Times, " How Environmentalists Lost the Battle Over TCE by Ralph Vartabedian, March 29, 2006. *Please note that completing a Form 95 does not constitute a legal relationship with the law firm Anderson Weber & Henry, P.C. Each potential claim will be investigated by the law firm and representation may be offered to individual claimants after a thorough review of the facts. Courtney M. Southern ANDERSON WEBER & HENRY, P.C. 233 W. Mountain Street Kernersville, N.C. 27284 (336) 993-7958 ext. 106 www.awhlawfirm.com This message may contain privileged and confidential information protected by the attorney work product doctrine, attorney-client privilege and/or any other privilege. These privileges are not waived. "

Hope this helps!

Semper Fi!

RockyA

Edited by RockyA1911

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This is the link and the current status of the situation. The problem is military cannot file a Form 95 against the government I was told. I file a claim for Barrett's Esophagus in March 2005 with the VA with the Camp Lejuene Toxic Water as suspected cause along with serveral other conditions such as ulcers at a young age while in the Marine Corps. I was stationed there from 1966 to 1968 with the 3d Bn, 2nd Marines. Of course, as with the rest of my pending claims I have had C&Ps for but have not heard a thing from the VA on the claim for Barretts Esophagus nor have they ever even acknowledged or addressed it. When I questioned the VARO the response was standard.........."Wait until I receive my brown envelope (12th of Never) and if it is not addressed in the rating decision to immediately let them know." :^D I attached WEB information from the Marine Corps website as proof of the toxic chemicals and so far known problems caused by it and copies of my SMRs showing several bleeding ulcers along with my IMO Gastroenteroligists diagnosis and treatment history. I also included the page out of my SRB showing the official dates of my assignments at Camp Lejuene with the 3rdBn, 2nd Marines. When the 12th of Never arrives and I get the envelope I will let you all know what the VA decided if anything.

I was told up front by my AMVET VSO that I could not file a claim for Barretts Esophagus for AO and the Camp Lejuene thing has not been completed or proven to cause the problems yet. I dressed him down and told him not to ever tell anyone they can not file a claim for anything as it is up to the VA. AND how do you think the presumptive AO conditions got to be? That's right! Vets filing claims for the problems they have they believe was caused by AO or some other condition. Terry is right, I filed with the VA for the exact reason he stated, just in case later on down the road the VA awards compensation for it and the record will show I claimed it back in 2005.

As far as I know, only military dependents can file the Form 95...........not military. I know a lot of them filed it anyway but unless the law has changed Federal employees cannot sue the government.

http://www.watersurvivors.com/default.asp

"4/12/2006 - Law Firm

CAMP LEJEUNE WATER CONTAMINATION CLAIMS Dateline: 3/30/2006 Anderson Weber & Henry is proud to serve as national legal counsel for claims arising from possible water contamination at Camp Lejeune. For legal questions related to your potential claim, please contact the law firm, toll free at 1-866-993-7958 . For more information on the water contamination at Camp Lejeune , please visit the website, The Stand. Persons wishing to file a claim with the Department of Justice may complete a Form 95 .* Questions regarding the completion of this form may be directed to the Civil Division of the Department of Justice at 1-202-514-3301 . Recent news coverage: LA Times, " Cancer Stalks a 'Toxic Triangle' by Ralph Vartabedian, March 30, 2006. LA Times, " How Environmentalists Lost the Battle Over TCE by Ralph Vartabedian, March 29, 2006. *Please note that completing a Form 95 does not constitute a legal relationship with the law firm Anderson Weber & Henry, P.C. Each potential claim will be investigated by the law firm and representation may be offered to individual claimants after a thorough review of the facts. Courtney M. Southern ANDERSON WEBER & HENRY, P.C. 233 W. Mountain Street Kernersville, N.C. 27284 (336) 993-7958 ext. 106 www.awhlawfirm.com This message may contain privileged and confidential information protected by the attorney work product doctrine, attorney-client privilege and/or any other privilege. These privileges are not waived. "

Hope this helps!

Semper Fi!

RockyA Why as the place not closed down? Strange

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Fellow Vets:

Has anyone that was stationed on Camp LeJeune NC prior to 1983 claimed to VA for the water poisoning situation there and the aftermath???

What was the approach?? Is there a sure shot strategy??

I heard a lots of Vets that used to be stationed there are filing a Form 95 with the dept of justice, I believe VA is as responsible, I would like to hear your opinion.

Is anyone aware of this??? This as I see it is mass killing of our Honorable Servicemen and more importantly their Families..

Will this go un-punished???

Any Information in this regards will be highly appreciated.

HP 1030

Why is this the VA's problem? Should not the Department of the Navy be responsible for any injuries or illnesses associated with being at this base?

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In my claims that they are still working since March 2005 I did inform the VARO that my condition for Peripheral Neuropathy was caused by the Contaminated Water at Lejeune. I don't have diabetes and they give no other reason for the cause . Oh one did say it was due to sleeping habits(Go figure). This may be the reason the claim is taking so long to get a decision.

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Your VSO should not have told you not to file, but he was being perfectly reasonable if he told you what he thought of your chances for a win. You can file for anything on a direct basis if you can provide current condition, incident in service and medical nexis.

This is the link and the current status of the situation. The problem is military cannot file a Form 95 against the government I was told. I file a claim for Barrett's Esophagus in March 2005 with the VA with the Camp

Lejuene Toxic Water as suspected cause along with serveral other conditions such as ulcers at a young age while in the Marine Corps. I was stationed there from 1966 to 1968 with the 3d Bn, 2nd Marines. Of course, as with the rest of my pending claims I have had C&Ps for but have not heard a thing from the VA on the claim for Barretts Esophagus nor have they ever even acknowledged or addressed it. When I questioned the VARO the response was standard.........."Wait until I receive my brown envelope (12th of Never) and if it is not addressed in the rating decision to immediately let them know." :^D I attached WEB information from the Marine Corps website as proof of the toxic chemicals and so far known problems caused by it and copies of my SMRs showing several bleeding ulcers along with my IMO Gastroenteroligists diagnosis and treatment history. I also included the page out of my SRB showing the official dates of my assignments at Camp Lejuene with the 3rdBn, 2nd Marines. When the 12th of Never arrives and I get the envelope I will let you all know what the VA decided if anything.

I was told up front by my AMVET VSO that I could not file a claim for Barretts Esophagus for AO and the Camp Lejuene thing has not been completed or proven to cause the problems yet. I dressed him down and told him not to ever tell anyone they can not file a claim for anything as it is up to the VA. AND how do you think the presumptive AO conditions got to be? That's right! Vets filing claims for the problems they have they believe was caused by AO or some other condition. Terry is right, I filed with the VA for the exact reason he stated, just in case later on down the road the VA awards compensation for it and the record will show I claimed it back in 2005.

As far as I know, only military dependents can file the Form 95...........not military. I know a lot of them filed it anyway but unless the law has changed Federal employees cannot sue the government.

http://www.watersurvivors.com/default.asp

"4/12/2006 - Law Firm

CAMP LEJEUNE WATER CONTAMINATION CLAIMS Dateline: 3/30/2006 Anderson Weber & Henry is proud to serve as national legal counsel for claims arising from possible water contamination at Camp Lejeune. For legal questions related to your potential claim, please contact the law firm, toll free at 1-866-993-7958 . For more information on the water contamination at Camp Lejeune , please visit the website, The Stand. Persons wishing to file a claim with the Department of Justice may complete a Form 95 .* Questions regarding the completion of this form may be directed to the Civil Division of the Department of Justice at 1-202-514-3301 . Recent news coverage: LA Times, " Cancer Stalks a 'Toxic Triangle' by Ralph Vartabedian, March 30, 2006. LA Times, " How Environmentalists Lost the Battle Over TCE by Ralph Vartabedian, March 29, 2006. *Please note that completing a Form 95 does not constitute a legal relationship with the law firm Anderson Weber & Henry, P.C. Each potential claim will be investigated by the law firm and representation may be offered to individual claimants after a thorough review of the facts. Courtney M. Southern ANDERSON WEBER & HENRY, P.C. 233 W. Mountain Street Kernersville, N.C. 27284 (336) 993-7958 ext. 106 www.awhlawfirm.com This message may contain privileged and confidential information protected by the attorney work product doctrine, attorney-client privilege and/or any other privilege. These privileges are not waived. "

Hope this helps!

Semper Fi!

RockyA

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You can also visit the site of The Few, The Proud, The Forgotten at www.tftptf.com. There is a document library on the site, as well as an Illness Registry, discussion board, Lejeune map, individuals' stories etc as they pertain to Camp Lejeune.

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This site gets updates too:

http://www.atsdr.cdc.gov/SITES/LEJEUNE/

and

http://www.salem-news.com/articles/june122...ess_6-12-08.php

"Jun-12-2008 23:02

Former Marine Testifies Over Deadly Contaminated Water at Camp Lejeune"

"I was told up front by my AMVET VSO that I could not file a claim for Barretts Esophagus for AO and the Camp Lejuene thing has not been completed or proven to cause the problems yet"

It isnt on the AO presumptive list but he should have said to file the claim as it sounds to me like your SMRs reveal a potential inservice connection to this disability.

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