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This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File




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    • Loss of compensation
      I have 20% compensation for lower back strain (5295). My civilian Spinal Doctor, after spinal injections, etc, recommends surgery to relieve spinal stenosis. Will I loose my compensation?
    • Social Security disability
      Those under the Federal Employees Retirement System (FERS) pay into Social Security. Social Security makes up about a quarter to third of the federal employees retirement.  That's of course, it's still available when you reach retirement.
    • 100% P and T SMC L
      I have often wondered if I would qualify for L or housebound for similar issues.  I have been holding out honestly hoping the caregiver program opens up to Desert Storm era veterans.  I would love to know how you went about your claim for L.  Congrats!!
    • "other than likely more"
      What the f**k does this mean?, "Mild degenerative changes as described above other than likely more prominent facet arthropathy lower lumbar spine"  That is the comment from my VA clinic NP in myHealthyvet from a thorasic spine xray taken earlier this year from my civilian doctor that she requested.  I was asking for and got from her a prescription for Naproxin so I would not have to pay out of pocket. This is the comment she is reffering to ("described above") from my problem list in myHealthyvet. "xray 7/11 mild thoracic DJD&DDD, mild lumbar DJD" So, am I gettling better or worse? "other than likely more", WTF?? My mom is in the nursing home, but was and English teacher and my daughter is an English teacher, maybe I will run it by them, ha, ha. Hamslice PS, I am at 20% thorasic for ROM.      
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      I will continue to fight for those benefits as long as I can. Today was or should I say is a Good day for me and my family. As I went by the VSO to get clarification on some things about my Appeal that did not make sense. And while there I had questions about the New Claim for Depression secondary to Bilateral Patella Femoral Syndrome. They were able to access the real time updates of the VA system, where as eBenefits is usually 24-48 hours behind or maybe even more. Anyways the nice lady that pulled it up ask if I had received and letter from the VA yet. And I told her no we had not received anything other what see was looking at for me. With a Big Smile on her face she said there is some very Good News. So I was hoping great they finally made a decision on something. She told us that my Claim for Depression was approved and Rated at 50% Yes that is very Good News to me and my family as it is a starting point. They denied any back pay except for the part from when I filed it in February 26,2016. So yes it is good and I was expecting a better decision for the back pay.  I did ask what that made my Disability Rating now what that decision. And she said it made my Disability Rating 60% and i was a little shocked at it being only 60%. I will not know for sure until they send me the exact amount of pay and when it will start. i am working on getting a Lawyer to look through my C-file and see what all is there and not there and what is being done correctly and what needs to be done now. I am including the Decision Letter that she printed out for me today and posting it here. Thanks all for your understanding and patience with me.      
    • Space A Travel For 100% Pt Sc Dav Petition
      Lets ask our congressmen what happened to it. That was last years defense bill. J
    • IU and SSDI Journey
      Thanks Berta! (so happy it worked out for you eventually)   I have an "intent to file" in the system that is asking for an increase on PTSD along with IU.  Going to add the SA secondary to PTSD into it, headaches, et cetera. So I have the Sleep Dr stating "More than likely", the Voc Rehab "denial", my VA PCP stating "unable to maintain gainful...", and the SSDI approval.  (The issue is, I can't add docs and finish the IU part on E-bennies until I suppose I RESIGN from work, since I was on STD and now on FMLA).  Was told by some that being on STD/FMLA was the same as "working" and would be detrimental to applying for IU, so I did SSDI first.  
    • 90 rated?
      What benefits are their for someone that's rated at 90? I'm not stopping here but just want to use them while I'm at 90 to help out with my family.
    • Social Security disability
      The only time I'm aware the windfall provision comes into play is if you contribute to a retirement system in lieu (or instead of) contributing to Social Security.  This occurs when working for certain State Governments and the Federal Govt pre FERS (or CSRS employees).  I don't remember the reduction percentages being quite that high though.   Please take a look at this document https://www.ssa.gov/pubs/EN-05-10045.pdf  it does a good job explaining how the windfall provision works.  FYI, there are different multipliers used in calculating your SS benefit.  The first calculator is 90% of a certain base.  The windfall reduces the percentage but it doesn't appear to me that it reduces it to the degree you were told.   https://www.ssa.gov/planners/retire/wep-chart.html States the following " *Important: The maximum amount may be overstated. The WEP reduction is limited to one-half of your pension from non-covered employment."
    • Attorney Telephone Consultation
      Had bad vibes from an attorney today while seeking someone to help me with my claims.. Bad Vibe#1.;  Was given a date and time that we would have the phone consultation, and he was 45 minutes late calling me. If I am NOT important enough for him to be PUNCTUAL at the beginning of our dealings, I'm thinking it will only get worse after I sign the contract allowing him to represent me.   Bad Vibe #2; I ALWAYS like to meet someone face to face before I decide to use their services. Wanting to do it by phone seems too impersonal, and made me seem insignificant. Plus, I like to get a read on somebody by their facial expressions and body language.     Bad Vibe #3; 2. He is telling me he is sure he can get me at least 70% and TDIU for my PTSD that was granted but not service connected. Told me he has great doctors to file an IMO, and get my rating service connected and and at a ratable 70% disability. He isn't God, and has no idea what's in my C-File, and to tell me this, scares me.   Bad Vibe #4; 3. Cost His charge will be 30% of award of compensation. He also said I would have to pay a cost for IMO of $2000.00. I said "Why do you charge 30%?" He said, "Because I am worth it."   He's mailing the contract  for my signature. Something tells me it will have disclaimers, hidden fees, and a lot of stuff that will really be bad. Currently the VA  granted a 1151 claim based on negligence, for anxiety and depression @ 50%. I have two more open claims. One is 1151 for spine, the other is tinnitus/hearing loss. Checked Ebenefits and  the decision letter on the tinnitus/hearing is in the mail I didn't see a new disability added, so it must be a denial letter. So.... they going to deny a tinnitus claim by a person that worked on 671 Detroit Diesels as a mechanic for almost two years?   The attorney seemed disinterested in the spine, and other claims. I told him the spine claim has been deferred, and he asked if the VA has done a C&P for my spine. I told him, no. Attorney told me he'll file a NOD on the PTSD non-service connection, and get a copy of my C-File. Seemed to me that is where he is focused , on the PTSD. I don't know why.   I'm near Orlando. Any suggestions/recommendations for a law firm besides Hill and Ponton?  

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Batman

Linking Eye Cancer Claims To Service In Vietnam

2 posts in this topic

To all Vietnam Veterans with eye cancers:

I've won my case against the VA.

My evidence:

Institute of Medicine of the National Academy of Sciences’ comprehensive evaluation of scientific and medical information regarding the health effects of exposure to Agent Orange and other herbicides used in Vietnam

This is the VA's primary document used to determine Agent Orange related claims.

The study makes the case that herbicide exposure is NOT the cause of eye cancers. In doing so, it supplies the evidence I needed to defeat the VA’s denials of my Ocular Melanoma claim.

This “smoking gun” evidence is one sentence long and has been in plain sight since the report on Agent Orange, under the direction of Congress in 1991, was first published:

Under “Cancers of the Eye and Orbit”- page 423:

“Some analyses of the Australian Vietnam veterans showed excess risk, but it was probably due to excess exposure to UV radiation, which was not adjusted for.”

Four important points about this statement that will help you win your case:

1. The word “probably” more than satisfies the VA’s “at least as likely as not” requirement.

2. Ultra Violet radiation is the only known risk for eye cancers. No other risk has been discovered, proposed or assumed. The VA has no room to argue other possible causes.

3. The Australian study cited is one of the largest and most comprehensive studies ever made on Vietnam Veteran health issues. Any factors not accounted for, such as cancer victims being farmers (who are also at increased risk) are insignificant due to the huge sample size, exceeding 100,000 individuals.

4. If you served in Vietnam, complained of headaches or other UV related symptoms while in country, you have the same proof I had. In my case, our CO refused to let us wear sunglasses. For whatever reason, this "Hollywood Marine" phobia was common among the upper ranks.

This single sentence, a letter from my physician and the order from an obsessive sunglass fearing Colonel was all the evidence I needed to win my case. It will work for you as well.

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GREAT NEWS!

But I have 2 questions as the AO issue has been the most important one of my life, long before I had any dogs in the fight.......

1. I assume melanoma was the only diagnosis and your eye cancer was not one of the Presumptive Soft Tissue cancers under AO regulations: right?

Types of Soft Tissue Sarcoma

Time Requirement

Adult Fibrosarcoma

No time requirement (veteran qualifies no

Alveolar Soft Part

matter when this disease first appears).

Sarcoma

Angiosarcoma

Clear Cell Sarcoma of Aponeuroses

Clear Cell Sarco

ma of Tendons and

Aponeuroses

Congenital

Fibrosarcoma

Dermatofibrosarcoma

Protuberans

Ectomesenchymoma

Epithelioid Malignant

Leiomyosarcoma

Epithelioid and Glandular Malignant

Schwannomas

Epithelioid Sarcoma

Extraskeletal Ewin

g's

Sarcoma

Hemangiosarcoma

Infantile

Fibrosarcoma

Leiomyosarcoma

Liposarcoma

Lymphangiosarcoma

Malignant Fibrous Histiocytom

You stated:

"2.”Under “Cancers of the Eye and Orbit”- page 423:

Some analyses of the Australian Vietnam veterans showed excess risk, but it was probably due to excess exposure to UV radiation, which was not adjusted for.”

Four important points about this statement that will help you win your case:

  1. The word “probably” more than satisfies the VA’s “at least as likely as not” requirement. “

You succeeded very well on that point but many veterans ,who provide VA with an Independent medical opinion that uses the word “probably”, get denied because VA can consider that word as too speculative....unless the opinion contains a very strong medical rationale.

Question 2 :so I assume and could be wrong that

“This single sentence, a letter from my physician and the order from an obsessive sunglass fearing Colonel was all the evidence I needed to win my case. It will work for you as well.”

I assume that your physician gave a very strong rationale in their opinion for the LV cause without stating as likely as not ???? am I getting this correctly?

WOW Veteran ..... you did your homework on this!!!!!!

This is the type of endeavor our member Kurt Priessman did, to become the very first AO Thailand vet and his extensive research not only has helped many more AO Thailand vets but also the VA had to define an AO Thailand criteria that many Thailand vets can prove they fall under to receive AO comp. He went through every report from Operation Ranch Hand to the Alvin Young stuff on AO....many times....and he even won at a RO level.....

GOOD for you! Highly Commendable.!

Hard work pays off.

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