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  2. Welcome back Pete992 Some of the rules have changed over the last couple years, but the VA is still the VA. Glad you have returned.
  3. Buck52 Simple answer; maybe not so simple to do. Get a GOOD lawyer. EED are difficult. The layers get a % of what you win, so it is in their best interests to get you the earliest date possible. I don't think it would stand you well to get up in front of a judge and go back and forth with a VA weenie. That's the lawyer's job. Just get a good one who really understands and has experience in appealing EED's. If you are confident they understand the facts, hire them. IMO.
  4. Globe 2280 If your evidence calls out c-gate and it is a specific required symptom for the diagnostic code, the examiner should have addressed it. Routine way the VA leaves out critical evidence which results in a lower rating. I would call the RO and tell them you where short changed, tell him you asked him at the end of the exam and he was going to take care of it (and didn't), and want a new C&P exam as the last one was inadequate. Call Monday. If they refuse, put in a HLR appeal.
  5. killemall That is super news for you and your parents! Nice job done by you. Congrats!
  6. Today
  7. I have printed out all ten pages of the above VA training guide and will scan them into my documents when not feeling lazy. Gooday all.
  8. Thank you Ruby for your support reply. I printed out all ten pages and will scan them into documents when not feeling lazy.
  9. You just have to wait for the decision. Not much else you can do.
  10. Was your father on active duty in the Navy before, joining the Naval reserve? Does your father have a DD214 ? , at all. The Navy can be confusing and unlike the Army. In the Army, and the Army National Guard, you get a DD214 from your basic training and AIT or after your term of service. We had prior Navy Sailors join our Army NG unit, who did not have much for records, but they did have a DD214. Not sure what happens if you just join the Naval Reserve straight up. In the NG straight up you get a NGB-22 or 23. Again, does he have a DD214? If he says he does not, go to the CVSO (County Veterans Service Officer) office and see what they have on your father. Alot of Veterans had there DD214 registered at their county court houses without their knowledge. Once you get his DD214, see what it says. You need 90 or 180 days etc., active duty. Now, you did say your father was in the reserves. Call his last unit of assignment. Only call the State or Regional or National Headquarters as a last resort. We called them puzzle palaces for a reason. You will get blown off. Hopefully his last actual unit building will have a ghost file on him with his records. Then work you way up the chain of command. You need to prove to the VA that your dad meets the VA requirements. SSI is not going to do that and really doesn't care what the VA says, and vice versa. Paper, paper, paper, Just sayin, Hamslice
  11. My experience, Medical device malpractice, companies settle when there is a large group, usually in the hundreds, and then you will have to sign a waiver saying that the device had nothing to do with your injury. Usually big money. In our case, 35 million, and the lawyers get 40%, or 14 million or 4 years work, not bad, but you and 500 other injured persons get 20-30 thousand dollars each after attorney fees. The lawyers work without any money from you. You win, but not a bunch. Hospitals don't usually get sued, they just pass it on to the doctor, unless you slip on their sidewalk, then slip and fall lawyer. Doctors stick together like glue and will not rat one another out until it becomes to unbearable to stand by a bad doctor which rarely happens. Lawyers will not take these cases on contingency. You pay up front or by the hour, unless it is an outright obvious case. Like they take the wrong leg off. I have written letters to hospitals and have gotten nurses fired, nurses who refused to give my wife medications directed by doctors, but I don't think there is any money there, FWIW, Hamslice
  12. My bad....it was typo. The letter is dated Jan 16. The number on the letter is legit because I called and it was to the VA but the problem when I talked to them they had no idea what kind of appointment needed to be made and I had to wait until Monday during business hours so I could talk to someone in Comp and Pen because apparently no one put in the code for the appointment that needed to be scheduled.
  13. Yesterday
  14. Thanks gentlemen. I appreciate the info and you're quick response.
  15. Hi guys: I have a good friend just diagnosed with kidney cancer. Navy veteran, PH for combat, PTSD, etc. Has anyone had any success tieing kidney cancer as secondary to Agent Orange?
  16. Congrats. El Train. I guess 3 years isn't so long for the average Joe, but it sure must be if your doing the VA thing the whole time. As Bronc said, we can use your experience and benefit of your knowledge, so please pitch in from time to time. And, have you noticed how many people always congratulate veterans who win their claims and report it? We all really share in your joy. Super win for you!
  17. C and P exams are up to the VA's discretion. There are at least two cirmcumstances when a c and p exam is not warranted: 1. You already have sufficient medical documentation for rating, and no additional is necessary. 2. You dont have sufficient medical documentation, but, a c and p exam wont fix it. A couple examples are: a. You dont have an "in service event" or stressor. A nexus links your current diagnosis with your in service event, but if you dont have that, then a c and p cant "go back in time" and document an in service event.
  18. "effective date of the last change to your current award was: December 1, 2019" The last change was a pay raise effective Dec 1. This is not changing your effective date
  19. Here is a BVA case where the beneficiary was reduced to 30% . . . you might want to read it and glean any good information from it: https://www.va.gov/vetapp18/Files5/18105799.txt There are probably other BVA cases out there, this is the first one I came across.
  20. I may have asked this before, my memory is failing me right now. Sorry folks if its a re-post!! In a nutshell, deployment, flight deck pay (HDIP) - I was engaged in hand to hand combat with a "friendly", but not for training purposes. During the engagement, my head struck the tarmac, saw stars and tracers for a few minutes (wasn't the first head injury unfortunately). I didn't report it on my post-deployment survey for concerns of getting booted out & retaliation. Witnesses have provided statements post-service that highlight this event. Note - currently not SC'd for TBI, but once it is (pending bva hearing) I'll have more ground to stand on I think. Then perhaps afterward pursue crsc? I wonder how that will work in regard to receiving separation pay What else may I be missing that could help me bring this incident into clearer view?
  21. As has been stated there is always a chance for VA schedule of C&P exam of your other SC conditions whenever you file any type of disability claim and or increase and or earlier effective date, etc. However in my case I filed a CUE and a VA Injury claim in 2000 and VA did not call me in for any C&P exams and this was after I was granted a reopened PTSD TDIU claim in 1998. As a matter of fact in August 2000 the VA declared me to be Permanent & Total TDIU with out another exam and yes I did request in writing that VA make me P&T in my other claims from 1998 to 2000. As another has said your mileage may vary. My info is not legal advice as I am not an attorney, paralegal, or VSO.
  22. My state Representative was only able to get my STR that I already had. The good news is these are a better quality than the ones the VA sent me. I will be sending a FOIA request to the facility, even though they told me that they don't have those records. I am going to hit everyone with the FOIA. I have proof I was at the base ER (Patient's Copy) but I don't have the medical and treatment records. So now I will send out a bunch of FOIA requests.
  23. Sounds like a good plan. Crossing my fingers for you. The VA relies on the fact that veterans are not familiar with their system. Sometimes it just takes some research to locate details which might help prove them wrong.
  24. Keep in mind that what you see on e-benefits is not always accurate. I had an entire claim go through from initial to completion and it was stuck in "gathering evidence" status the entire time. From what I have read lately, it takes a week or two from the time the claim is complete to receive the rating decision letter in the mail. You can call 1-800-827-1000 and ask for the claim status. If complete, they will tell you if a decision letter has been placed in the system. If it has, they are not allowed to tell you what it says. This is a good way to just confirm the existence of the letter. You can get the letter earlier a couple of ways: 1. If you filed your claim through a VSO, such as DAV or VFW, you can ask them to look in VBMS and they should be able to tell you what is in the letter or print it out for you. 2. If you live near the VA regional office, you can go there and they can print it out. I always recommend calling the regional office before you go to verify. I live a couple of hours drive from mine and don't want to waste a trip. Regarding the two week denial, that often happens when the VA regional office reviews your service treatment records or personnel files and says you did not complain or seek treatment for the claimed disability. Keep in mind that they are often wrong. In the decision letter, the VA is required to tell you why they came to their decision.
  25. Based on the link I provided, it should be in the c-file. I sent separate requests for my claims file and my STRs. It never hurts to cover all the bases.
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