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    • If you had 30% initially and appealed and they then gave you credit for symptoms previously overlooked, I'll bet they would have kicked you up to 60%. I think we are saying the same thing in two different ways. I didn't get SC for GERD or IBS when I retired. It will be interesting to see what happens. I'll let you know! from the sound of it, it could be awhile before the CUE review is completed. 😎
    • Just to add- since there are many malpractice lawyers available in your area, I do suggest having the lawyer fill out the SF 95. I had a pro se legal background, and studied the FTCA regulations, so I knew how to word my case: I used the same wording and evidence for my 1151 claim ( BTW, this was an accrued claim because my husband had filed 1151 a few months prior to his death) Under # 8 cause of action, on the SF95 form I put: VA  had committed multiple "Acts" and also had caused "Omissions of Acts , " none of which  were  consistent with those of the standard medical community ,in their treatment of my husband’s HBP, heart disease, and stroke. Those Acts and Omissions of Acts caused his untimely death at age 47’,  and  I referred them to the enclosed medical assessment I had made regarding his 6 years of past VA medical care, and to the documented medical evidence of the Acts and Omissions of Acts. Your SF95 should be sent to the District Counsel VA in your area. Mine went first to Regional Counsel and then, (now they are called District Counsel)after a very obvious attempt by VA to deny the FTCA, it went to the General Counsel, in DC.The Peer review they did caused the RC to want to settle with me within months of getting my SF 95. Then the Peer review, the RC, and the doctor who did the review 'disappeared and VA said that review never existed. I had to start all over again with the OGC. I found the Review many years later at the bottom of my C file and used it for my AO IHD Nehmer claim.If I had been able to find any lawyer who would help me, that BS would not have happened.   After I settled with the USA, the OGC lawyer and I talked about many VA things and he gave me some pointers on the SF95  as  others have made critical errors that can cause an immediate denial. Also he mentioned that sometimes the SOL has run out. This happened to a local vet who I had been reminding for over a year to send in his FTCA SF95. He said he gave it to a VA nurse to mail for him. VA got it too late.   In the part to list witnesses( this is usually needed for accident claims like if the VA van or bus hit you on VA property and you had resulting injuries)-I put there the names of all the  VAMC doctors from 2 VAMCs,who had misdiagnosed, mistreated and damaged my husband, and who caused his untimely death. The form does not say to do that, but I did it and am glad I did- I have a Bill in the H VAC with Congressman Roe, that is a way VA can begin to prevent their systematic malpractice issues. The biggest error the VA lawyer told me was that FTCA claimants often  had failed to properly fill in and then total the amount of damages on the form.In the three areas at the bottom of the SF 95.That would cause an immediate denial until the SF95 was properly done. Since you are a nurse, your medical opinions can certainly help push this forward, but I feel you definitely will need an IMO and also a lawyer. I had to study Cardiology, and Neurology to succeed in my FTCA /1151 issues.Then I had to study Endocrinology to make sure that the thousands I paid for 2 IMos would be worth the investment, for my most important claim, the DMII AO death claim. I had no medical background at all. Make sure you tell the lawyer right away that you are a nurse. If was very difficult for me to even figure out all of the acronyms in my husband's VA records, and some of the handwriting was Very hard to decipher, and my daughter (who had not joined the military yet, remembers the stack of medical journals on both sides of my bed, that I read relentlessly).But the malpractice really spoke for itself, beginning with an ER certificate and ending with the autopsy. An additional VAMC tried to cover up the malpractice that occurred in the local VAMC here, and they failed.  The initial VAMC, Bath NY, never had any past malpractice case I could find against them, but Memphis sure has a bad reputation already.That means to me, that it might be as likely as not they did cause your husband's death. But that statement is just rhetoric, as the medical records will fully reveal if they did. I made a timeline that was Very significant in proving my FTCA case.Every diagnosis my husband got was incorrect, and those medical errors had a snow ball effect to him.If the ER certificate had been followed up on, he might still be here with me.He was a VA employee when the critical ER situation occurred. I found a motive for the malpractice too- but you dont need one. After spending hours in a law library seeking VA information, I sat on the floor eshausted and decided , since the library was about to close to look at one more file. My figures reached out to pick one file on the floor, amid many and there it was, M21-1MR for VA physicians- Employees who come to the ER must be treated with the idea to get them back on the VA job within 3 days. My husband had a heart attack on August 13, 1988 while employed at the VA, the subsequent EKG they did right away ,revealed that, but they told him he had a sinus infection and sent him home, with 3 days off from work. That M21 statement ( I barely made it to their copy machine with it before the library closed)was part of my evidence.      
    • The VA works in strange and frustrating ways.  But after a positive C&P on a remand the RO will most likely not ignore the results.  If they do you can appeal to the BVA.  Relax and find a hobby to take your mind off of the hamster wheel.
    • Hello Ronnie9,   We're so glad you've joined our community   Welcome Aboard, We are happy you found us!   You've registered for an account on our VA Disability Community Forum. You will receive an email to validate your account, if you haven't received it please check your spam filter.   You've joined a volunteer community of veterans who volunteer their time to help support the community, with research, answers or just a voice of support. Now you are one of us, read through the forum or use our search to find what you are looking for. SEARCH is located at the top above the subscription option.  This is a public website. Do not post personal identifying information, such as real name, ssn, email address. If you upload documents make sure to blackout your personal information.     Or just keep reading free with ads, totally up to you. HadIt.com is NOT a non-profit, subscriptions are NOT tax deductible.   Before posting take some time to read this email and then spend a little time reading through the forums to see how questions are asked and answered.   How to get your questions answered.   All VA Claims questions should be posted on our forums. You can read without registering, but if you want to post a question or join the community you must register.. Register for a free account.   Tips on posting on the forums.   Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. As much as I want to I can't read every post and will gravitate towards those I have more info on. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out. Leading to: Post clear questions and then give background info on them. Examples: A. I was previously denied for apnea – Should I refile a claim? I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile? B. I may have PTSD- how can I be sure? I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help? This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc. Note: Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview. This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.       Home   VA Disability Community   VA & Veterans News   Veterans Helping Veterans Podcasts     HadIt.com Veteran to Veteran LLC   STAY CONNECTED  ‌  ‌  ‌ Popular Forums VA Disability Compensation Benefits Claims Research Forum Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC Veterans Compensation & Pension Exams Success Stories Ask a question | Search | View Latest Posts and More  | All VA Disability Claims Forums Thank you for your service! "Tbird" Theresa M. Aldrich Founder HadIt.com Veteran To Veteran LLC "Leave No One Behind, Not On A Jungle Trail, Not On A Desert Trail, Not On A Paper Trail" ™ HadIt.com Veteran To Veteran Site | Community Forum | News | RallyPoint | Podcast | Twitter | FaceBook | LinkedIn | About Me
    • Again I don't think that such a claim will go anywhere with out medical evidence... Unless you were in combat ( and it doesn't seem so) , the buddy statements will not mean much either. In my opinion as someone who suffers from a TBI and its residuals... I find it hard to believe that you were unconscious and were not medically evacuated back to the rear , or never got medical care during or after a 36 hour field exercise.  What your saying doesn't fit the normal pattern of someone with a head injury.  Any rater will look at such a claim and wonder too.    I think you ought to seek out an independent medical opinion before you submit  a claim,  getting a CT scan, or x-ray ( that  shows  residual damage)  might help you prove your claim. Honestly, if I did not have proof of my left frontal brain damage upon CT Scan even with the active duty medical records, and after 30 years   I don't think I would have been granted a claim either.
  • Popular Contributors

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  1. General VA Disability Compensation Benefits Claims Forums

    1. VA Disability Compensation Benefits Claims Research Forum

      VA Disability Compensation benefits discussions. Post veterans compensation claims questions or answer for others. Read and research other veterans compensation claims experiences.

      Tip:

      • Start a new topic with your question.
      • Do not post your question in someone else's post. We don't want your question to get lost.
      198,803
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    2. 397
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    4. Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

      Appealing your Veterans Compensation Disability Claims decision usually starts with the Notice of Disagreement (NOD)

      24,738
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    5. Veterans Compensation & Pension Exams

      Compensation and Pension Exams -

      Please only posts questions regarding Compensation and Pension Exams

      19,932
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    6. E-Benefits Questions

      Please post your E-Benefits questions in this forum.

      8,687
      posts
    7. Vets.gov

      Vets.gov is a new VA site set up with the following goals:

      • Unifying and simplifying VA’s digital touch points, dramatically improving customer experience
      • Meeting customer need on the first try, on any device
      • Creating a mobile-first platform
      • Retooling existing applications and designing new end-to-end experiences, in partnership with business owners across VA
      • Providing transparency about our methods and processes
      145
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    8. 17,204
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    9. Entitlement - Veterans Compensation Benefits Claims

      Once you know you are eligible for Veterans Disability Compensation, the question then becomes are you entitled to it by law. This is where to post those questions. it's OK, if you are feeling confused this is not at all unusual it can be a very confusing system. If you were injured in service and have a question about whether you are entitled to file a claim, post it here.

      Law 38C.F.R.3.4 (a) Disability compensation. (1) Basic entitlement for a veteran exists if the veteran is disabled as the result of a personal injury or
      disease (including aggravation of a condition existing prior to service)
      while in active service if the injury or the disease was incurred or
      aggravated in line of duty.

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    10. Eligibility - Veterans Compensation Benefit Claims

      Questions concerning eligibility for veterans compensation benefits. Eligibility - Veterans Disability Compensation,

      7,331
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    11. CHAMPVA

      The Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) is a comprehensive health care program in which the VA shares the cost of covered health care services and supplies with eligible beneficiaries.

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    14. Success Stories

      Post your successes and read others, VA success, Social Security success, leaving the house whatever it might be.

      This forum is dedicated to Carla Croft "CarlieCash" a dedicated member, moderator and admin from 2005 - 2015. She gave tirelessly to veterans here and all over the internet. Nothing she loved more than a successful adjudication. She remains in our hearts always.

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    15. OEF/OIF Veterans

      Welcome Home Brothers and Sisters - This forum is for our returning troops from Iraq and Afghanistan.

      We will guide you as to which forums your questions will get the most eyes on it.

      We want to provide help and guidance for you, if there is something you think would be beneficial for you let us know.

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    16. VA Caregiver Benefits for Post 9/11 Veterans

      The Program of Comprehensive Assistance for Family Caregivers offers enhanced support for Caregivers of eligible Veterans seriously injured in the line of duty on or after September 11, 2001. Enhanced services for eligible participants may include a financial stipend, access to health care insurance, mental health services and counseling, caregiver training, and respite care. 

      Who is eligible?

      Veterans eligible for this program must:

      • have sustained or aggravated a serious injury — including traumatic brain injury, psychological trauma or other mental disorder — in the line of duty, on or after September 11, 2001; and
      • be in need of personal care services to perform one or more activities of daily living and/or need supervision or protection based on symptoms or residuals of neurological impairment or injury.
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    19. Veterans Benefits State & Federal

      Post your links and information about state and federal benefits available to disabled veterans.

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    20. VA Medical Centers Navigating through it

      To assist the veteran by providing assistance in navigating through the Veterans Affairs Medical centers.

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    21. Medication – Prescription Drugs-Health Issues

      Looking for folks who are the same medication as you and what they think of it. Exercise, diet ideas. Remember we are not giving professional advice, and you should consult your doctor regarding any and all health issues you may be concerned with.

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    22. VA Training & Fast letters, Directives, Regulations, Other Guidance Documents

      VA Training & Fast letters, Directives, Regulations, Other Guidance Documents

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    23. MEB/PEB Physical OR Medical Evaluation Forum   (11,966 visits to this link)

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  2. VA Claims References

    1. Title 38 / 38 CFR   (25,698 visits to this link)

      Title 38 Pensions, Bonuses, and Veterans' Relief also called 38 CFR. CFR stands for Code of Federal Regulations.

      Everything Veterans Affairs does with your service connected disability compensation claim, is goverened by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

    2. 38 CFR 3 Adjudication   (26,364 visits to this link)

      38CFR3 is the part of the Code of Federal Regulations Title 38 that deals with the adjudication of a veterans compensation claim.

    3. 38 CFR 4 Schedule for Rating Disabilities   (42,921 visits to this link)

      This part of Title 38 of the Code of Federal Regulations list specific disabilities and what symptoms or effects equate to what percentage of disability is to be assigned.

  3. Specialized Claims

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    5. ALS - Amyotrophic Lateral Sclerosis

      Veterans with amyotrophic lateral sclerosis (ALS) may receive badly-needed support for themselves and their families after the Department of Veterans Affairs (VA) announced today that ALS will become a presumptively compensable illness for all veterans with 90 days or more of continuously active service in the military.

      179
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    6. MST - Military Sexual Trauma

      A good site for these claims is http://www.vetwow.com

      This is a very sensitive issue, triggers abound so be careful. Remember whenever you post something on the internet it is there for everyone to see forever. So be cautious with what you share however if you have a claims question we want to help.

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    7. Radiation Exposure from Operation Tomodachi (Japan Earthquake Fukushima Nuclear Assistant)

      Operation Tomodachi, Tomodachi Sakusen?, lit. "Operation Friend(s)") was a United States Armed Forces assistance operation to support Japan in disaster relief following the 2011 Tōhoku earthquake and tsunami. The operation took place from 12 March to 4 May 2011; involved 24,000 U.S. servicemembers, 189 aircraft, and 24 naval ships; and cost $90 million.[1]

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    11. DIC

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    13. 1151 Claims

      Claims under 38 U.S.C. § 1151

      Benefits for additional disability or death caused by VA medical care is government by 38 U.S.C. § 1151. Claims under § 1151 are a different species than service-connected disability claims, but they are compensated in a similar manner as service-connected disability claims. To prove a § 1151 claim, a claimant must show that the veteran’s death or his additional disability was caused by negligent VA medical care or by some unforeseeable complication of the VA medical care.

      340
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  4. Veterans Helping Veterans Podcast

    1. Veterans Helping Veterans VA Claims Podcast

      Veterans Helping Veterans Podcast: Shows deal with a wide range of Veterans Affairs Claims and Benefits.

      Listen here live and archived show: http://www.blogtalkradio.com/haditcom

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  5. Welcome Aboard

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    2. Introduce Yourself

      Let us know a bit about yourself, if you'd like.

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    3. Test Posting Messages Here

      Try out post and various features here.

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    4. Roll Call

      Roll Call Please Check in 1st of the month.
      Tell us how you are doing.
      DO NOT post claims questions here, please post in Veterans Affiars Claims Research

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    5. Technical Support For Forum

      This forum has been set up for you to post your technical questions on how to work with the forum and or blog. DO NOT POST CLAIMS QUESTIONS HERE...thank you

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  6. Extras

    1. Hiring an Attorney Discussions on S. 3421

      An Act
      To amend title 38, United States Code, to repeal certain limitations on attorney representation of claimants for benefits under laws administered by the Secretary of Veterans Affairs, to expand eligibility for the Survivors' and Dependents' Educational Assistance Program, to otherwise improve veterans' benefits, memorial affairs, and health-care programs, to enhance information security programs of the Department of Veterans Affairs, and for other purposes.

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    2. Social Security Disability Questions

      SSDI many of our veterans have gone through the SSDI process as well as the VA Claims process, We are no experts in SSDI however perhaps we can offer some assistance.

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    3. VA Scandals

      Shreddergate and other scandals

      On the 13th of October, 2008, VA Watchdog dot Org broke the story about documents found in shredder bins at the VA's Detroit Regional Office.

      A number of those documents were critical to veterans' disability claims.

      As the story unfolded, VA finally began to release information on the incident and we learned that more than one Regional Office was involved in this shredder scandal.

      The VA's Office of Inspector General (VAOIG) is investigating.

      VA has instituted new guidelines regarding handling of documents.

      2,119
      posts
    4. Discounts for Veterans

      if you know of a store or other that gives a discount to veterans, post it here. Share the Wealth :)

      523
      posts
    5. Federal Register Announcements

      Read Only Forum

      Veterans Affairs Federal Register Announcements. The Federal Register is where they propose changes, announce meetings and ask for public comment.

      76
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    6. Active Duty MEB/PEB Physical OR Medical Evaluation Forum   (30,879 visits to this link)

      Still on Active Duty? Try this forum MEB/PEB This link will take you to another forum not affiliated in way with HadIt.com. It is set up for MEB/PEB questions. Please do come back here for your VA Claims Questions

  7. Club Forums

    1. 27
      posts
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