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Well, we don’t get hour lunches, we get 30, because no one wants to spend an extra hour at work if we don’t have to, most people bank their leave as part of it is required by law to be paid out when we leave or retire. Unless you are a supervisor with 25+ years you only get another 13 days each sick and regular leave a year, based on 4 hrs per Pay period (and hardly anyone takes it, see above). Family leave only just passed a few months ago and was never a thing until then, we don’t have party days (Hatch act, mainly- no one wants to deal with the technicalities), Monday’s are when most of our trainings, RO , or divisional meetings are…., so, ha ha, funny, I get it. But honestly since telework became a thing the productivity and efficiency of the VA is up double percentage points fit the last year- it’s already been measured. Getting rid of at least some of the larger office space Is all over but the shouting, I’d speculate. We’ll see what OPM says in July. It’s a waste of tax dollars that could be better utilized in other ways.

Thank you Senior Chief

Gotcha

The clinics are open, they are deemed essential personal. the ro’s are not, officially, although some of us ARE working, on holiday pay rate. We were given the choice.

To add, there is certainly an association of many medications that can cause Afib: https://www.ahajournals.org/doi/10.1161/CIR.0000000000000905 There is also a medical association between decongestants and AFib: https://www.sharecare.com/health/atrial-fibrillation/can-cold-medicine-atrial-fibrillation https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5531271/

Actually I had thought Juneteenth was already a National Holiday? It must not been declared a National Holiday...I think its great they passed it it was about time. Black lives Matter.

Thanks for thinking of the spouse-I am a widow of two disabled veterans and I can sure attest to the fact that widows can have a very hard time with the VA. Aside from the antibiotic what has VA prescribed for you for the Sinus condition? Reason I ask- the VA prescribed a high level of Sudafed,to take daily, for my husband ,for 6 years. After he died I filed a FTCA case- wrongful death and I won. Because one of the malpracticed conditions ( there were multiple medical errors in his treatment records) was the fact that I proved he did not even have a sinus condition at all. The records revealed an X ray of clear sinuses.Also the Sudafed contraindicated a low dose HBP medication, causing him to have a major stroke. He died of Ischemic heart disease very suddenly, and VA had told me he had no problems with his heart ( after they did an ECHO)- when I got his medical records, the ECHO revealed significant heart ischemia.I also proved ,in addition to wrongful death, that he also had DMII from AO and also AO IHD. I sure assume this is not the case with you- and the VA saves lives everyday-but it is one more possible theory of entitlement , as I think you would need a very strong IMO/IME to service connect the Afib as secondary to the Sinus condition. GBArmy gave you superb advice and I second it. A good IMO/IME doctor has to follow the IMO/IME criteria here at hadit,and they should also consider a possible medical error aspect, if the VA's treatment of the sinus condition was medically unsound, or if any other treatment or medication prescribed from VA , caused or substantially contributed to the A fib problem. Also, If you have 100% with a documented P & T status, for ten continuous years ,your wife should not have a problem getting DIC.

Good information.

Good luck Scooter318.

No I didn’t need an IMO, I hired Alex graham and he filed an appeal to the bva it took about a year and then I. Won.

This is a good thing. Lots of time they just deny you. However, someone sharp noticed the exam was incomplete and ordered another to correct the deficiency, likely. Example: Your examiner does not give a date your headaches began. So, the VA often uses the date of the exam for your effective date, and thats mostly never correct. Did you go to a c and p exam, had 0 headaches, and come out of the exam, with 3-4 prostrating headaches per week? This is highly unlikely. In other words, this suggests your headaches happened at your c and p exam. No. They were already going on, this is why VA called for an exam.

Great idea! I hope VA people working the phones all got the memo!

Yes, I used it. All of the luck I had with it was bad. Even tho I got a confirmation email, VARO said they knew nothing of it, there were no documents attached, and to resubmit. So I did...but guess the effective date? Yea, the date of resubmission. As Ronald Regan said, the most dangerous words in the English language are: VA has repeatedly faced problems with lack of trust by Veterans. VA got their "untrustworthy reputation" honestly: They earned it, over and over with me. Did you know, in a court of law, a detective or police officer is NOT compelled to tell the Truth to an accused? An officer or detective can lie to the accused, for example, to get a confession. For example: That RAT! I didnt do it, he must have and trying to blame me! Then they go to the brother and say. "Your brother already said you did it!" That rat, He must have done it and tried to blame me! As another example, you can call IRS and ask, "Can I deduct ______ from my taxes?" The can respond "sure", even if its on tape, and you still cant take the deduction, the IRS does not stand behind its employees, either. This corruption and dishonesty even among so called "officials" is appaling. With an example to follow like that, is it any wonder the accused lie? I am glad I dont follow "others" example and use my example on a much higher level than a police man or VA employee.

Someone once pointed out: There are about 240 "work days" per year. Subtract: 12 holidays, 30 days vacation, 30 days sick leave, 30 more days "Family" leave. That brings us to 138 working days left. But we are not done yet. 1 hour lunch and 2 15 minute breaks (that usually run to 30 min each) times 240 working days is another 60 days. That leaves just 78 days left per year. Since the day before holidays are "party days", and the day after holidays are recovery days, that subtracts another 24 days, leaving just 54 days left. However, nobody likes to work on Mondays, (52 days per year) so that leaves 2 days left to actually carry out work, per year. Of course, there are errands that need to be ran, so most offices give another day off for that. Since many take their birthday off, this explains why VA's backlog is soooo long. NOTE: This is not meant to offend the "hard working" government employees, who do most of the work. Neither one of you.

While today maybe a new federal holiday and some banks maybe open the federal government is not. So don't think you will be able to get to talk to the VA today. Funny thing is I got an email that stated if I had a scheduled VAMC appointment, that the VAMC clinic was still open and scheduled. Juneteenth is a Federal holiday We are OPEN on Friday, June 18. If you have a scheduled appointment at one of our locations, please keep your appointment. U.S. Office of Personnel Management @USOPM · 20h Today will sign the Juneteenth National Independence Day Act, establishing June 19th as a federal holiday. As the 19th falls on a Saturday, most federal employees will observe the holiday tomorrow, June 18th.

We have to learn what battles to fight and what battles not to fight. In order to get the VA to evaluate your claim for an EED, you are going to have to file a claim. Either an appeal in filing a CUE claim, a reopen claim, a Decision Review Supplemental claim or a NOD. You cannot force the VA to do the right thing because they will inform you that the right thing is filing a proper claim. We have posted in the past that what works for one may not work for another but filing a proper claim will eventually get your claim to the right people. Most if not all claims for an EED will have to go to the BVA because the VARO refuse to sign off or approve claims that has a potential of being over $25,000.00 and that is the way it is. By trying to force the VA to process your claim in any other way is a waste of time, energy and mind. When the BVA granted my EED back to 1998, the VARO ignored their decision and the BVA themselves had to force the VARO to implement their decision. I even had the VARO lie and mislead a congressman on the status of my claim and when I filed a claim for hardship the VARO expedited my claim for a denial instead of a grant. Good luck in your process but keep in mind that your clock is ticking on the type of claim you can file. Keep in mind that there is no time limit to file a CUE claim, but CUE claims are harder to win. With the new AMA appeal a veteran can file a Supplemental claim at anytime but filing a timely NOD you only have one year to claim. I tend to try the easier route.

JUST FOUND THIS! will be helpful for me instead on relying on the IRIS to forward my letters/emails to the VARO, i just submitted directly to them. first time using- anyone have any luck with this? https://eauth.va.gov/accessva/?cspSelectFor=dmhs

here is the email i sent the director of the Roanoke RO as follow-up. i plan on using this same wording on form vba-21-4138. i have already submitted a supplemental claim but i hope this gets resolved sooner and i can withdraw that claim(if the VARO will review and fix the error on their own-haha yeah right!) Good Afternoon, I am writing to follow-up on my email from Jun 8,2021. In this email I explained my disagreement in the Earliest Effective Date given on decision letter dated 4/20/2021 by the Roanoke Regional Office after reward was granted for OSA by the VBA decision dated 4/19/2021. New evidence was provided (Post Deployment Exam) showing NEXUS to service. This new evidence was specifically pointed out in the VBA decision by Judge Cynthia M. Bruce when she stated: An August 2008 sleep study shows the Veteran was diagnosed with sleep apnea. The study report noted that snoring and snorting were observed as the Veteran slept. An August 2008 Post-Deployment Health Assessment report shows the Veteran reported having problems with sleeping and feeling tired. The examining physician noted that the Veteran was getting help for sleep apnea... In addition to the August 2008 medical records discussed above, current VA medical records show the Veteran requires the use of a continuous positive airway pressure(CPAP) machine for his sleep apnea. This specifically notes that the Post-Deployment Health Assessment that was submitted, was used as probative weigh in determining service connection. This evidence was not in the record previously, as all previous denials show Service Treatment Records and Service Personnel Records were obtained from February 2007 through June 2007 and from July 2007 through May 2008. This Post-Deployment Health Assessment was done in MEDPROs August 17, 2008. And although it was part of Veterans record, it was not obtained by previous VARO raters. IN ACCORDANCE WITH 38 CFR § 3.156 SECTION C, THIS "NEW" EVIDENCE EXISTED AT THE TIME THE VA MADE ITS DECISION IN 2008, BUT SIMPLY DID NOT ASSOCIATE IT WITH THE CLAIM.REGULATION STATES THAT WHEN THIS TYPE OF “NEW” EVIDENCE LEADS TO A GRANT OF SERVICE CONNECTION, AND SUPPORTS THE ASSIGNMENT OF A RATING, “A RETROACTIVE EVALUATION WILL BE ASSIGNED.” This provides that the EED of 5/24/2008 should have been applied with regard to 4/23/2008 being the date of the original claim (38 U.S. Code § 5110 (b)(1) and discharge date being 5/23/2008 from active duty). I am not disagreeing with the VBA decision of Service Connection, but the EED rating decision provided by the VARO. I am asking the Roanoke VARO to review this decision, and give them an opportunity to correct this mistake. I appreciate your assistance in this matter. I intend to use all legal means to obtain this effective date, to include, but not limited to appellate review, filing CUE, writ of mandamus, etc.

here is their response: Dear Mr. xxx: This is in response to your inquiry to the Department of Veterans Affairs (VA) dated June 15, 2021. Thank you for your service to our country. Our records indicate you submitted inquiry number 210607-000859 on June 7, 2021 regarding this matter. A representative contacted you via telephone on June 10, 2021 and during the phone call, the agent forwarded the inquiry to your regional office and they contacted you via email on June 10, 2021. They advised you to review your notification letter dated April 21, 2021 and to review page 3 under What You Should Do If You Disagree with Our Decision. Please be advised we cannot reopen an inquiry and we cannot reopen your previously closed claim as this is not within our purview. In addition, we note the submission of one or more rules or regulations provided in this inquiry. Please note we cannot debate legal issues regarding VA processes through this inquiry system. We also cannot make a comment with regard to the rules/regulations (set forth by you in this inquiry), as it pertains to any open claim or appeal, as this is outside our purview. We do not work any claims or appeals in this department. Please see the following website for information about the Office of General Counsel (OGC): http://www.va.gov/OGC/ The primary objective of the OGC is to ensure the just and faithful execution of the laws, regulations and policies the VA Secretary has responsibility for administering, and by so doing enable VA to accomplish its mission of service to our nation's Veterans. We also cannot make a comment with regard to any particular Veteran's rating decision, as this is outside our purview. It may be beneficial for you to contact a Veteran Service Organization (VSO). A review of our electronic records indicates that your current VSO is Virginia Department of Veterans Services. You may contact them to assist with questions about filing your disagreement and answer questions regarding your previous decision. Thank you for contacting us. If you have questions or need additional help, please see our other contact information below. Sincerely yours, National IRIS Response Center

i meant this as "do i need to help someone here- who needs food" i thought you were quoting someone's post..sorry

i got another reply from IRIS. its bs- instead of reopening the inquiry and sending it to the VARO, they answered me directly from IRIS. im so mad i could spit. so i am going to respond. i also plan on forwarding my letters/emails to the General Counsel and VBA. this is so frustrating. i tried forwarding to bvaombudsman@va.gov but it was kicked back undeliverable(also tried bvaombudsman@mail.va.gov and was kicked back undeliverable) i called the 800 number and was told there is not a OM budsman any longer for the VA or VBA. dunno what good it would have done anyways... if anyone has any other suggestions or contacts(email address or fax numbers) i might send my letters to, it would be much appreciated. the ones i sent directly to the Roanoke RO director(first email and follow up) has yet to get a response

do you have email address for any of them? i found this: https://www.va.gov/OGC/DistrictOffices.asp but only email addresses. thanks for any help

You have it about right, but its a bit more complicated than "just" the date you FIRST filed. The general rule is that your effective date is the later of "facts found" or the claim date. What date did your doctor say you became disabled? Often the VA uses the date of the c and p exam, which is almost always incorrect. After all, were you healthy until you went to a c and p exam and then got disabled during the c and p exam? Highly unlikely. But..Gracie..(I love that name..we had a dog named gracie)..there is no Santa Claus, and VA would rather send all their VA executives to the dentist for a root canal with no pain meds than grant eed's on HLR. You are gonna have to appeal again to the BVA, this time. I would have recommended skipping HLR the chances of approval are so low as to not be worth it. If you are pro se, you need to do some serious research and reading to win at the BVA. Ditto if you have a VSO. Since we are talking about 15 years retro, VA is gonna fight you tooth and nail, so be prepared for battle. Begin with reading the effective date regulations, and check to see which of these You think applies to you. Now, you cited 38 CFR 3.156 C which is "new SERVICE RECORDS" which is not the same as 38 CFR 3.156 B, new evidence. The difference between new service records and new evidence (other than military service) can be huge.

i submitted the following for a higher level review to request an earlier effective date, but was denied. Any suggestions I’m service connected at 20% for my shoulder. I submitted a disagreement with the rating decision dated 12/16/2020 with the effective date of my service-connected shoulder rotator cuff that is currently 06/08/2020. The rating decision included my request under evidence (Correspondence, conducted December 8, 2020), which was my request for an effective date change to my original submission on or about Oct 2006. The Department of Veterans Affairs changed the effective date to Jun 8, 2020, however there is no explanation why my request for an earlier date (on or about Oct 2006) based on new evidence was not addressed. 38 CFR states a retroactive evaluation of disability resulting from injury subsequently service connected based on the new evidence from the service department and must be supported adequately by medical evidence. New medical evidence (MRI) was submitted, and service connection was confirmed based on that new evidence. Additionally, documentation errors in my medical records (04/ 1999, 09/17/1999) while on active duty shows injury to my left shoulder when in fact it was my right shoulder. I requested a records correction through the VA to amend my records to reflect my right shoulder injury. This evidence was not previously part of the actual record before agency adjudicators in 2007 or subsequent reviews. In accordance with 38 CFR 3.156 C, I’m requesting the effective date of my right shoulder service-connected disability be changed to the date of my original submission on or about Oct 2006 . In my opinion the new evidence raises a reasonable doubt, andthe decision should be resolved in my favor. Furthermore, the date of my right shoulder injury should be back dated to my original service-connected disability submission (Oct 2006) and any pay be retroactive if my overall rating changed in that period to present. I believe this request should be considered due to the possibility the VA C&P exam failed to property diagnose my shoulder injury during my C&P 11/2006. Additionally, if an MRI were performed at that time it is likely the damage would have been shown. I also submitted my original claim well within the 1-year time frame from my exit from the service.

Hi Wolfman Welcome to Hadit. If you're 100% P&T, sure. I think you have a good case; but, as you know, you need a nexus for a secondary claim. Get your heart doc to do a nexus/IMO for you. Just because it is straight forward, the veteran himself can't diagnose med opinions by themselves. You need a diagnosis of the heart condition and it is in your best interest to provide it when you submit your claim, rather than expect the VA to make the connection IMHO. If you use the VA for cardiology, get an outside opinion instead.