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    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed 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.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
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    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
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    • I just received a deposit to my checking account. The description says VALG TREAS 310 TYPE: XXVA.
      I'm not sure who to ask about this deposit. I am concerned because I was not notified I would be receiving it.
      I retired from the Marines in 1997 with 10% disability. I've been receiving a separate disability payment from my regular retirement pay. This deposit is completely unexpected. thank you for any insight.

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  1. Today
  2. Dug out the decision and see I have until Jan 4, 2020 to git ur dun!! No problems..., as my daughter says. Been contemplating right along, but finally determined I have nothing to loose, and only money to gain, ten years at ten percent, so lets go! 1. Original claim for hypertension was service connected at 0% effective August 19, 2008. STR's and private med records from 2004 and 2008 (two sets, same records, printed different dates in my c-file). -from the rating letter dated August 17, 2009. "The evidence of record does not support a higher evaluation because your pressures are well controlled and you do not have a history of diastolic readings predominantly 100 or more." 2. Claim for increase for hypertension was granted at 10% effective November 5, 2018. STR's and private med records from 2004 and 2008. Exact same records used in 08 claim, as found in my c-file, and in my files. -from the C&P exam dated December 7, 2018. "d. Does the Veteran have a history of a diastolic BP elevation to predominantly 100 or more? (X) Yes ( ) No" Facts known, 1. I have only had in my lifetime, two, diastolic readings above 100. Ever. Both in 2004, one Military, one private. 2. Both med records have been in my STR's, which the VA had, since 2004. Conundrums, 1. My history of high readings does not fit the criteria in the bible, so they might re-evaluate the recent decision and I loose 10%, but I would still stay at 90% for comp. 2. The C&P examiner was favorable to my argument and this might get him/her in a jam. Not sure it matters, but I feel they may have pointed the ship in the right direction. 3. As always, leave well enough alone. We've all been there... 4. Is this a NOD for a better EED, or I hate too say, CUE.. Anyway, got all the info I think I need to pounce, Thanks as always, Hamslice
  3. Hello jdelta, 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
  4. I'm rated 60% for my lumbar spine.. been rated for 20 years.... I also have a dropfoot because of this injury, and I live in constant pain with sciatica both legs. This is one rating that even I won't try to get an increase on... first as someone already said doctors don't prescribe bed rest for back pain very often now and you must have bed rest for 6 weeks within the last year to get a 60% rating under the newest rating guidelines. One to 2 weeks bed rest is only rated 10%. This is to get a rating under incapacitating episodes. Otherwise you get rated for range of motion.and unless the spine is frozen the most you can get is 40%. And an examiner can say an abnormal range of motion is normal for this veteran, and then you get no rating. My injury is so bad that it eventually put me in a wheelchair. Getting pain rated outside of a know medical issue I am guessing will be very hard. Right now the guidelines for pain alone have not even been published yet. Right Now my back, neck, and knees are so messed up that I live in pain. While the VA says pain is taken into consideration when rating joints.. the minimum rating you will get for knee pain is 10% based on x-ray of arthritis. They rewrote the rating guidelines so to prevent veterans from getting high ratings, at least that is how I see it.
  5. I agree with broncovet about the VA not wanting you to ask for an increase. I have heard horror stories about veterans asking for an increase being reduced. When I asked for my increase the VA did threaten to reduce one disability and sever the other but they were both protected. Disability over 20 years and a condition over ten years. They sent me to multiple exams that pointed at a reduction, this is when I lawyered up and informed the VA of the error of their ways. Know your rights and if the VA tries to pull a fast one call them on it.
  6. Yesterday
  7. WOW- is the appeal still at your VARO, still awaiting transfer to the BVA?Are you able to scan and attach here the very last denial from the RO of the prostate cancer claim? Cover your C file #, name prior to scanning it- The deck logs are Golden, and make sure you send the VA copies of them...keep the originals. There is something that you might be able to do to get the claim awarded prior to the BVA transfer. It is called a CUE - depends on the date and circumstances of the denial. I will gladly help with the CUE if I can read their last denial and if I or others here see a potential for a faster decision than waiting for a BVA transfer. But ,then again, it seems by this- that your claim had been transferred and has been at the BVA -for some time already-??? " I received a letter from VA that was on 10% rating for tinnitus that moved me up to priority group three that also stated Determined to be a Vietnam-era herbicide-exposed Veteran which I sent into the Board of Appeals." I would therefore send the BVA (hope you have a docket number to put on your submissions, ) a copy of the deck logs and anything else you feel would award the claim. VA said you were AO exposed, and awarded the tinnitus ,but did they deny the A O prostate cancer claim in the same decision? I wonder how they determined you were exposed....and why the heck didn't they set you up for a C & P exam for the prostate cancer? The C & P exam would determine the rating. Did the letter state they "inferred" the prostate cancer claim? On the older 2010decision, did they give youa NSC rating with a percentage for the Prostate Cancer, if so that could mean an EED of 2010 as I understand this all....( Footnote One Nehmer) But something seems odd here-on VA's part...... Cripes they denied my AO IHD 2010 death claim by saying my husband had no evidence of IHD heart disease in his SMRs. I was outraged and threw a CUE at them. I made the point that most of these Vietnam Vets ( he was 1StMarDIV, First Wave, Danang 65-66, )were KIDS in Vietnam ,teenagers ,and if they had evidence of any heart disease they would not have been accepted to the Military in the first place. They awarded about 3 weeks later. I said something to a vet a few hours ago and it bears repeating here- (they made an error in his claim) that apparently it is not a job qualification to be literate ,to get employed by the RO benefits division employees. My own RO director cannot read.Neither could a DRO I had once. Did you get a 5103 waiver at some point ,from your VARO? I am baffled by the award for tinnitus ( a non AO disability) yet they confirmed your exposure to AO ??????? knowing you had an AO claim in Appeals ..........Strange........
  8. Yes, and yes. No form 9..no appeal to the BVA. Waiver of regional office consideration is optional, but, since you are apparently skipping SCL, then go ahead and sign a waiver of RO consideration "even tho" this step may not be necessary. (You dont want a remand to the VARO do you?).
  9. SameOldSong This is just throwing it against the wall but try this. What if you first try contacting your state Legislative Rep for your district; meet with him/her and explain. Ask him to contact the ARCP commanding officer,or Adjutant General, and ask them to issue the dd214 in light of the evidence you have. If that doesn't click, move it up to your Congressman or Senator. The problem with red tape is they don't have the wherwithall to do something that isn't cookie cutter. If you can convince the elected officials ,they CAN convince it is in the best interest to get it done. Before you do all of that, contact the State veterans Commissioner first. Long story short, I did and got benefits started for a veteran who never served 90 days. You get one piece and that sets up another piece.That might be a short cut. Remember, never give up. Never. If your right, keep finding a way. Good luck and keep us posted.
  10. My letters said what exams are on each day. Day one is for migraines, Gerd and sleep apnea. Day two is for the hearing issues.
  11. You should try to not get infected with ebenefititis. Its caused by checking ebenefits too frequently and becomes as addictive as smoking. Instead, replace ebenefitis with another habit not so bad, such as overeating, smoking, or excessive alcohol. You will feel so much better. Seriously, I dont suggest you check ebenefits/va.gov more than 3 times a week, but if you insist, try every day. A watched pot never boils.
  12. Tenya, You asked this question in someone else's post, please begin a new one. I will answer you "just this one time" but you will get more answers in a new post. You can still find an attorney to represent you, but that all depends on the details of your case. For example, what is the retro potential? Can an attorney find a way to win an EED? I suggest you take your file to an attorney (or several) and ask them.
  13. Hello Mari918021, 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
  14. Hello mdkuhn45, 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
  15. HamSlice. You may be very well RIGHT. But damb! when do we find some peace and rest from the struggle of fighting with the VA; an institution that was put in place to help us. I guess when we are DEAD.and ROTTING.. Thanks for your perspective.
  16. Go over his records, and see if a doc and a voc rehab specialist opined "he was unable to maintain SGE due to sc condition(s)". It doesnt matter what I think, or what you think..the evidence is what a doctor and/or a voc rehab specialist thinks. Lay evidence wont get you TDIU. If you have that evidence in your file, and if you have filed and VA has your tdiu pending (the VA loves to lose things, among others our application for tdiu. I didnt make that up, the VA lost my tdiu application at least twice over 12 years. I kept wondering why they never adjuticated it, and they said, well, when you apply.)
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