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  2. Hi Everybody, Please tell me if I should start this as a new thread, and I will, but it does pertain to the stuff already typed, so I'll keep it with this thread for now. I now other forums get very particular about what is in one thread and what should be a different thread. So, I've been looking around on Hadit and carumba... doesn't give one a reassuring feeling about the VA and their processes. Anyway, three main things I wanted to bring up... I read a post titled "requested increase, and they removed my service connection" which has some similarities to my situation, but not necessarily a ton. One thing stuck out from poster 63charlie about being sent to a general C&P physical exam (sorry I haven't mastered the art of quoting between threads yet). I thought this exam overall was for the ischemia., but now it sounds like maybe I would be well served to be prepared to talk about everything? I tend to be a "minimizer", so if I think I'm in a heart exam and someone asks about PTSD, I would be likely to say something like "well, I'm managing it" or "you know, some days good, some days bad, today is good" etc ESPECIALLY if they make it sound like an off the cuff comment/conversation. That makes me think maybe I would be well served to be prepared to talk about everything? Degen Disc Dis Issue-someone also mentioned in that thread (I think), about a first examiner from VA denying a claim, then the veteran getting a positive opinion. The overall take was it was 1:1 tie with opinions, and a tie goes to the veteran. After reading the letters I've been sent and seeing the reports on my back, the initial VA examiner said due to concrete lifting. We asked for another review, and a person I've not met did some sort of remote review, and confirmed that opinion and threw in some of the other facts listed above, including the erroneous or misinterpreted ones about treatment. I then submitted a buddy letter from my PT WHO HAS TREATED me, that said undoubtedly from service accident. Does that basically boil down to 2:1, I lose? I mean, that's kind of like a 3 Stooges "you lie and I'll swear to it" kind of thing, since the second remote reviewer had no new info! Does anyone know a good place to gain more than a basic bit of knowledge in all this? For instance, in the above referenced post, there are acronyms that I don't know the meaning of such as "CUE" and "NOD". I'm thinking like almost a playbook of what the VA does? For instance, I never thought about a general exam being a booby-trap, and maybe it's not. It certainly was explained to me that the "VA just likes to get a sense of how you are doing, make sure nothing is being missed". Which, I interpretted as "the caring folks at the VA, maybe they do have my back". I did have a moment of "but they could just check my VA medical to see that?" NOW, I think that "nothing is being missed" can equally mean not being missed in terms of you are being over-rated and over-compensated! Thanks everyone for all the help and support
  3. Today
  4. Since 2019 fighting for increase of GERD to include service connection for gastritis. I had gastritis with H pylori , prior to retiring but seem to ignore this one condition. Now It has gotten worse. I appealed, The RO (KY) reduced me back to 0% from 10%, after holding this rating since 2007. I filed for an increase to include this,(gastritis with h-pylori) but again only for GERD. The rater back in 2007 didnt forward my private doctor's documents and C-file to the examiner. Folks here say I dont have a CUE. Nothing said of my other conditions only GERD (7346) because I had a hiatal hernia. This time it is erosive esophagitis and erosive gastritis with multiple lesions, stomach polyp from prolong use of medication. I had the tests done at the VA hospital! Gave me an ACE, even tho evidence was there for a decision. CP Dr didnt even read my file, ignored the other conditions, rater ignored as well, gave me the 0%. Board gave my 10% back to me, but denied the increase, ignored the other info . I appealed to the Court of Appeals . Judge even stated case was problematic because of deficiencies in the opinion , C&P Dr (she didnt say too much at all) (rater didnt even say much) reviewed my whole file, and that BVA judge just copied info provided no rationale. Remanded back, and just learned that BVA, after two days (Per Ebenefits) remanded back to the same stupid RO. The same one who didnt even read my claim, who didnt go by the law, and a Dr whose online reviews are bad. I just hoped it wasnt the same BVA judge. I knew something was gonna get messed up, as the letter I received from the Board about additional argument I want to send- had a date they had for the decision was 7 Jun 2021 instead of back in May 2020, leaving me to believe now that they didnt read anything and just forward back to justify their stats. And who knows how long? I am 69 years old, and I am of the belief that they hope I die before this is settled. It states that for an increase- Where an increase in the level of a disability is at issue, the primary concern is the present level of disability. Francisco v. Brown, 7 Vet. App. 55 (1994) meaning as of 31 Jan 2019 my condition was worse, but with a new remand, they will give me another EGD and then deny again, saying I'm a super trooper, all in my head. Im just fed up!
  5. Yep. The procedure, as GB posted, is to hire an attorney at the cavc. The good news is that EAJA regularly pays attorney fees at CAVC. Im sure you have already documented a current diagnosis, in service event, and the nexus. However, check them again. Often there is mysteriously missing evidence, as VA loves to lose our evidence. Start with a nova attorney, you have no time to lose you have to appeal to the cavc within 60 days or 120 days, I forget which right now. Your attorney will know. Dont wait. It takes time to procure an attorney. https://www.vetadvocates.org/cpages/sustaining-members-directory Your attorney need not be from the Tenn. Call one or more of the above. More is better. You see, attorneys specialize in their own favorite cases, and often turn down those unrelated, so you may have to contact a half dozen attorneys to find one to represent you. I have been through that.
  6. Hi Cat4Christ777 Welcome to Hadit. Sorry about your treatment by the VA; not the most creative people to say the least. You need to get GOOD legal representation from a lawyer and see if you can develop a CUE claim. You could be looking at a significant amount in back pay so the legal folks will really try to build a solid case. Too difficult for you right now to handle it yourself. Here are a few groups to consider, not in any ranking: CC&K, Woods and Woods, Hill & Ponton,Perkins Studdard. There are more on this site and start hitting on them. Don't be discouraged if a few say no thanks; your disabilities is not something that will be a very common thing for them to handle, so they would likely be limited in who they have available that has the experience to do your case justice. But don'it give up. You want to show that the VA made a legal error to get back to your original submittal date. Pull all your medical records and get on it. Good luck, sister.
  7. On September 15, 2021, the Department of Veterans Affairs (VA) published in the Federal Register a final rule that amended regulations to revise the title of the ``Director, Loan Guaranty Service'' to ``Executive Director, Loan Guaranty Service'' to reflect organizational changes. This correction addresses minor technical errors in the published final rule.View the full article
  8. Served in the USAF from 1990 to 1998, in law enforcement. Diagnosed with early Menopause in 1998, which sparked an unfulfilled Endocrine consult. Blood test revealed pituitary gland/endocrine issue. Claims in both 1998 and 2021 were both denied, with the VBA claiming it wasn't 'Menopause,' but "oligomenorrhea" (menstrual irregularity)--completely disregarding medical evidence to contrary--subsequently suffered uterine prolapse, which required full hysterectomy in 2016. I know the early menopause was due to extreme stress (19+ hour shifts, very little sleep, sick all the time, etc.) in service. Menstruation stopped completely by May 1999. Regardless, there was actual medical diagnosis of Menopause, but VBA ignored it, twice. According to 38 CFR Section 4.116 Schedule of Ratings under Gynecological conditions, menopause IS a 'disability,' with a rating of 50% (after loss of creative organs from hysterectomy). Honestly, what does it take to get them to accept reality??? Last denial was September 9, 2021 (and did not even send me a decision letter). Had to call them to get them to send it to me via email. Who wins these things, anyway??? I know I need to find a good attorney, but I am so angry and hurt, I can't think straight. Please, I need some hope. Has anyone actually won their case for Menopause? Please let me know! Thanks in advance! --Cat54Christ777
  9. Yesterday
  10. I usually take my evidence right to the local VARO and get singed copies of every thing I give them. The VA has lost every thing I have given them at least once. I tried to hand carry things with the VA. Can you imagine their mail room? These people could give a sh*t less if your claim is lost or denied.
  11. What are we going to do with all this extra dough? . I'm planning my next vacation right now.
  12. We need a really high inflation index this month and then we need inflation to go way down after that!
  13. Thank you all so much for your support!! I don’t have the physical denial letter yet, only the final result of my claim on VA.gov. As soon as it arrives or I am able to download it, ill post it sans personal info I have tons of post service documentation from civilian providers, radiology and lab reports and of course my last adventure with the cardiac cath last week. Also… my cardiologist is a retired Army doc and she is a fierce tiny tornado. I see her on 10/6 and I can ask her to write a letter. I’m sure she will - we totally bonded over the military thing and she knows the correct vernacular to use to write a formal letter to the VA. Thank you all again-I’ll be in close touch and happy to have found you all too!
  14. Sounds good, Tbird. The Senior Citizens League has been putting out their projections for COLA for several years and they are among the best in terms of accuracy based on how they do it. They just said last week they estimate the COLA for 2022 to be 6.0 or 6.1%. Hopefully, they are accurate again this year.
  15. Veterans may be in line for a big cost-of-living boost in their benefits payouts starting in December thanks to legislation finalized by Congress on Monday. Read: https://hadit.com/a-big-cost-of-living-boost-for-veterans/
  16. IMHO (IN MY HUMBLE OPINION) you need an IMO/IME (INDEPENDENT MEDICAL OPINION/INDEPENDENT MEDICAL EXAM). The difference is that with the exam the doctor actually gives you a medical exam compared to the opinion that the doctor has reviewed both your in-service records and your post service records and gives his/her medical opinion that your current condition/disability is as least likely as not (50/50) probability cause by or the result of your military service. The doctor should give a good medical rationale. Service connection requires the Caluza Elements which are: 1. An in-service event, incident, injury or accident, 2. A current diagnosis, and finally 3. A nexus (statement/letter) connecting 1. And 2 together with a good medical rationale. I agree with Shreck that you should file a disagreement but to win you are going to need a medical opinion that supports your claim. Make sure you note in your disagreement that you filed a claim for your lumbar spine and not your cervical spine. Some ratings just don’t pay close attention to their claim and get the left hand mixed up to their right hand. It is possible to get this corrected, but you are going to have to fight. Please stay around Hadit.com and read and learn as much as you can. The VA fights veterans at every level and there is a lot of information you can learn and please ask any question. I truly think that someone here has been where you are and maybe have some insight of how they overcame that situation.
  17. Can you please post the denial minus any Personal information. After reading this, you do not want a New claim for what you put in. You want them to change what was put in as it was incorrect. If you open a new claim the effective date will change. I would have a letter included that shows they did not look at your records and they did not read what you claimed. You can do an HLR, some have had good luck with them and they are a bit faster, but a lower success rate. I have been going with NOD (notice of disagreemetn) as this has given me the best results. We need to see the denial letter to give better adivce.
  18. Good morning, new member here recommended by a fellow shipmate. We were all in the same squad at the same time as our admin @Tbird was. So you know it’s been a while since we were at 34 together. I was an AMS and worked in airframes. I just found out my disability comp was denied. Zero percent service related disabilities. I’m fn numb. My claim included lumbar disc disease, but someone in their infinite wisdom at the VA put cervical spine, not lumbar. I don’t have any concerning issue with my neck. The reams of documentation I submitted all said LUMBAR. It got bad enough to require surgery because of non-existent discs, so a fusion was done S1-L5. My second claim was interstitial lung disease. We all were exposed to so many chemicals - we were dumb enough to douse our skin with freon to cut the hydraulic fluid. When I went for my C&P exam (drove an hour to get there), I get there and the nurse practitioner is conducting the exam 10 feet away from me from behind her desk. I ASKED for her to do a pulmonary function test on me, bet she said she couldn’t because, Covid. She never even listened to my lungs with a stethoscope. I was out of there in under 5 minutes I keep getting worse every day. I had a cardiac catheterization because I bad an 80% blockage on my left ascending coronary artery. I never ever had a cholesterol issue and my lipid profile has always been pristine. Guys and gals, I don’t know what to do. Do I request to open up a new claim? Do I appeal? I assuredly will be dead before the decision. That’s what they wast, I’m sure. Thin that heard. thank you in advance for your recommendations! Disenchanted
  19. Ah they have water samples from each building! I would state if the conducted the survey correctly! I would request water samples results from the freedom information act! They have reports from each year when the law came into effect!
  20. Good advice from Pacmanx1 especially about making sure you make a copy. Notice the VA lost his documentation but were going to deny his claim because the VA lost the paperwork.( How does that work, anyway? ) I even make copies of my health records posings and secure messages. They are "retired" after a while and it can save you some time later on trying to retrieve it. I don't care where you find something that is important, if it's important, make a copy.
  21. This is part of the VA Web site's criteria for Camp Lejuene veterans: "Camp Lejeune water contamination health issues If you served at Marine Corps Base Camp Lejeune or Marine Corps Air Station (MCAS) New River in North Carolina, you may have had contact with contaminants in the drinking water there. Scientific and medical evidence has shown an association between exposure to these contaminants during military service and development of certain diseases later on. If you have qualifying service at Camp Lejeune and a current diagnosis of one of the conditions listed below, you may be able to get disability benefits. Am I eligible for disability benefits from VA? You may be eligible for disability benefits if you meet all of the requirements listed below. Both of these must be true. You: Served at Camp Lejeune or MCAS New River for at least 30 cumulative days from August 1953 through December 1987, and Didn’t receive a dishonorable discharge when you separated from the military And you must have a diagnosis of one or more of these presumptive conditions: Adult leukemia Aplastic anemia and other myelodysplastic syndromes Bladder cancer Kidney cancer Liver cancer Multiple myeloma Non-Hodgkin’s lymphoma Parkinson’s disease Who’s covered? Veterans Reservists Guardsmen What kind of benefits can I get? Health care Compensation (payments) How do I get these benefits?" More info at https://www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination/ Thi is an old thread but this info might help someone else out there.
  22. Francisco Welcome to Hadit and sorry about your health conditions brother. If you have a good lawyer they should be looking at SMC's for you as your conditions may result in several additional disabilities as secondaries that you may eventually be rated for. Let us know of your progress; maybe it can help other Marines who were stationed there and now have gotten sick.
  23. Veterans Health Administration (VHA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice.View the full article
  24. Last week
  25. As of now Sept. 2021 leukemia is presumed. There are 8 presumptive conditions. I am former Lejeune Marine. Was recently diagnosed with Leukemia. As of today,current law, all I need is proof I was at Lejeune in the included dates and honorable discharge. Leukemia is presumptive. I am being helped by attorney ,law firm, that specializes in Lejeune matters and also already got me 100% P&T.
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