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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline

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  1. Past hour
  2. Yeah, im not discounting that. Im just explaining the more obvious issues I see with private docs and dbq's with regards to completeness of the claim and whether its the right information, or enough of it.
  3. It took the AOJ 4 years to do a DRO de novo review under Legacy. I opted in to the AMA in 4/19. All issues were placed on the evidence docket. I initially had 25 issues on appeal. A VLJ at the BVA fully granted two of my issues on appeal, and that just happened this week. My 100% rating was granted an EED to the date I initially filed a claim for a single condition. I ONLY have 23 more separate issues before the BVA on the evidence docket that await a decision. Curious myself as to when another BVA decision will come. If the VA would have done the right thing to begin with.... we wouldn't be at war now.
  4. Today
  5. dodger. Too may possibilities to speculate. Not worth it. If you don't hear from your VSO in a reasonable amount od time, put a call into him/her. Hopefully, they have VBMS so you can maybe get more details.
  6. Berta, I was expecting a low ball number. But to my great surprize, they were right on. I'm thinking, maybe, just maybe, they might be thinking of a CUE, because the evidence was solid from the start. Anyway, today, maybe not tomorrow, I am pleased with the VA.
  7. When a claim is denied and you file a NOD, why is it, the appeal(s) does not show up in va.gov? I'm not talking about how long the appeal process takes, I'm talking about NOT being able to see an acknowledgment from va.gov/VARO that they've received your appeal(s). Yes, I always mail VA stuff priority mail with signature request.
  8. This is good advice. The exams are done by the Examiner based on how they were entered into the original request from VA VSR. IF the VSR did not include all contentions. for example, then the examiner has no idea that it is needed- they work off the request as submitted. A missing DBQ or contention can be corrected, but it takes longer overall if its not done right the first time. The contentions used to create the exam request come from whatever you submit to VA. It doesn't have to be medical terminology, but you have to be specific enough so that the VSR knows what to assign you. If you have having PTSD issues, for example, say that, don't just say that you are having depression, etc- that's a separate type of exam. PTSD for example is routed to an expedite group that pretty much only works with PTSD and Sexual Trauma. If you are claiming an increase for PTSD but say 'depression, etc' it won't get routed correctly. If you suspect something that you have that is not SC, then say that, because otherwise the person on the other end won't know to include it for an exam for it.
  9. I worked for the VBA for a couple of years processing claims and I still have friends there - one of whom is a manager now and another one is a DRO. If you submitted a DBQ before the date that they were phased out it's possible that it will help you unless it's one of those that they view as telehealth or fraud. If it's sent in after the date they were phased out then you will be sent out for new C&P exams. If you read the OIG report, you will see why this was done. The old DBQs didn't even have a place on the forms where the examiner could certify that the exams were done in person. The VA has also claimed that they have updated all of the DBQs that they use in C&P exams and they did not update the public use DBQs. They also claim that updating the public use DBQs will take some time but I doubt that they are even considering this. With that being said, if you have it I'd still send it in though. If you don't get what you want then appeal it and BVA my see things differently.
  10. Thanks, Pete. Yes, Fanatic books did a great job with fast letters, and my rememberer was not working that well. My forgeter seems to be working perfectly tho. I would send that fast letter to VA..remind them..call the white house if that does not work. With RAMP, (aka AMA) there is now a "NWQ" (national Work que), to process applications, but its not working so well with remands. This is one of the things they need to fix. It seems that only one or 2 VARO's processed remand implementaitons, and they were slow. That may have been fixed, tho, because I got my remand implementation quickly, about 3 weeks after the BVA decision. You deserve your money and should get it..and quickly. Try the white house hotline, and show them the fast letter which explains they are not supposed to hold up our money with partial grants.
  11. I sent a PM to Tbird..Im not sure how to do this. In the interim, I will try to approve your posts As soon as I see them. Sorry for your difficulty logging in. For me, I often have login issues when I save the password..on my computer...especially if my password has been changed. While I know this is frustrating, I have had the issue with several sites.
  12. Keep in mind the following: If a medication is claimed as causing a secondary condition, you must remember that a simple change in medication can end your benefits (with the exceptions being severe harm via heart attack or stroke or such). Remember how the VA works... I agree with the other folks on here who say to pile on the evidence proving your claim being medication, PTSD or whatever... Just my opinion...
  13. We are here to help every step of the way! If you have questions please ask and also keep us posted!
  14. That's Great & Good For Him Encouraging for us younger folks.
  15. I sent a message using secure messaging to the eye clinic, they called me back, by phone, and they made sure I have my meds and told me they will re-schedule for about 2 months later... so, it was worth the secure messaging for the clinic to make sure I am not left out... I don't want to lose my eyesight too!
  16. Yesterday
  17. I posted something like this the first part of the week. It is truly sad VA is ready and willing to jump in action when there is a crisis but veterans live with/through hardship on a daily bases waiting on VA. In case you didn't know honestpete992 and I are one, I had to change my username and password.
  18. Please keep in mind that DBQs captured a medical snapshot in time of the veteran's disability. Their fields were solely used determining rating percentages, not SC status. Even if a doctor fills out an older copy of a DBQ, it is still evidence. Simply having the statement "as least as likely as not" does not equal automatic SC. For quite some time, the VA has used a separate internal form for C&P examiners to state SC opinions. Non-VA doctors still would have been required to submit a separate medical nexus with sufficient medical rationale to justify SC. More informed doctors will continue to use the 38 CFR regulations to perform their exams. Removing public DBQs detrimentally impacts effective dates. Whether internal or external, the VARO must still review the evidence and the medical rationale before awarding SC. If the material they receive, from either private or C&P docs, is insufficient, they would request clarification or reexamination by a VA C&P doc. I assume the majority of fraud would have been by non-qualified examiners taking advantage of the veteran to make a quick buck up front. Some doctors have made a living off of performing disability exams for both VA and social security. They have skin in the game and would be less likely to commit perjury and falsely fill out a document.
  19. As a part of the opt in a veteran can go for higher level review “HLR”. The disadvantage is that no new evidence will be accepted after the opt form is submitted. If you wish to submit new evidence then you have to switch to the supplemental claim lane instead of HLR. The veteran can request an informal telephonic conference. If the veteran is unsatisfied with the HLR then they can either file a supplemental claim with new and relevant evidence or file an appeal to BVA. On the supplemental claim if a veteran wants to appeal that then they can file a HLR, file another supplemental claim with new and relevant evidence, or file appeal with BVA. WITH THIS CORVID -19 GOING AROUND ITS DIFFICULT TO GET IN TO SEE THESE PEOPLE LIKE A DRO HEARING, MAYBE THE TELEPHONIC CONFERENCE OR A VISUAL CONFERENCE
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