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  • How to get your questions answered...


    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

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    Leading to:

    Post clear questions and then give background info on them.


    • A. I was previously denied for apnea – Should I refile a claim?
      • 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?

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Asknod Posts

Showing all content posted by asknod and posted in for the last 365 days.

This stream auto-updates     

  1. Yesterday
  2. As a nonattorney practitioner, I would find it difficult to accept a Vet who had fired an attorney. The operable word would be trust. I have had combative Vets who seek my representation and then begin arguing with me about how to adjudicate something. If they were so knowledgeable on how to do this, why come to me and tell me how to? I belong to NOVA and we are not a cliqueish club. I don't recall meeting Julie Glover but I would point out she is forbidden by law to "barter" away any of your claims without consulting and receiving your permission to do so first. VSOs, on the other hand, can, and often do, sell you down the river legally-with or without your permission. Now, with that said, I have asked Vets if I have permission to barter away low value claims such as tinnitus hemorrhoids or hearing loss (assuming it isn't life threatening like Buck's). The reason is simple. If I can get TDIU for PTSD or an amalgam of disabilities that qualify for TDIU, I can go to a DRO and say we'll toss in the nit noy crap if he'll grant the IU. DROs can barter but not "on the record". We do it strictly off the record because it's illegal to do so. I've done this a bunch of times but I always had the Vet's permission beforehand. Sounds like Ms. Glover might have overstepped her mandate. However, she was trying to get you the highest and best ratings she could and she would never do it out of spite or stupidity. I personally believe you shot yourself in the foot by firing her but that's based on your side of the story. I might revise that belief if I found out she had acted unprofessionally. This is one of the reasons I have a rock solid attorney/client fee agreement that spells it out ahead of time. Terminating your hired help puts a black mark in their OGC personnel folder. Worse, if you tell the next potential attorney/agent you try to hire why you are there (that you need a new law dog because you canned the old one), it worries them that if they upset you, you may fire them too. There are approximately 750 real VA attorneys out there who do VA claims exclusively. There are 350 agents. There are 20 million Vets and 3 million in the system actively seeking compensation. Do the math. There simply are not enough of us to go around. If you 86 your hired help, you are going to have the devil's own time finding another. If you lie or fail to disclose it, we'll find out anyway because it's right there in your claims file. If Ms. Glover has politely declined to waive her legal fees, does that mean she won something for you and is entitled to 20% of it? Do you expect her to walk away from any payment due and owing as agreed to in your fee agreement? If so, what is the purpose of a fee agreement at all? I'm confused on one point here. Your post says Ms. Glover withdrew two appeals with her "contact" at the St Petersburg VA Regional Office. Were these claims on appeal or merely in the formative stage? In other words, had they been denied and appealed on a NOD? Depending on what you won, I'd say a potential 10% for tinnitus or a 0% for hearing loss was a smart ploy if she bartered them for a higher compensable rating on any other claims or IU. We have lots of techniques to win claims-some we don't discuss. Vets do not understand the process which is why they hire us to work our magic. If you fire one of us, you better have a darn good reason because you will have the problems you now see. I don't cherry pick clients for the dough but I can sure testify I'm one of the few who do not. I won't mention names here but a lot do. Just a heads up- hearing claims are like cheap Mardi Gras beads and not worth much. I only deal in Vets who are dying because they have very complex, difficult claims no one knows how to win. I really don't need the money because I don't have $200,000 in student loans at 5.8%. As for submitting a N&ME with an IMO at a DRO hearing, I will point out the operation of law. The Decision Review Officer is limited by law to review an appeal based on the facts found. Undoubtedly, further medical inquiry can be undertaken with a view towards further developing the claim. However, in this regard, the Court has cautioned VA against seeking an additional medical opinion where favorable evidence in the record is unrefuted, and indicated that it would not be permissible to undertake further development if the sole purpose was to obtain evidence against an appellant's claim. See Mariano v. Principi, 17 Vet. App. 305, 312 (2003). See also Kahana v. Shinseki, 24 Vet. App. 428 (2011); McLendon v. Nicholson, 20 Vet.App. 79, 85 (2006 (In any event, the lack of medical evidence in service does not constitute substantive negative evidence). As for whether a VSO or an attorney/agent is a better advocate, would you hire a dance instructor to fix your car? An atty/agent has to learn law-VA law specifically. A VSO has to be able to recognize a 4138 from a 0958 and understand how to fill it out. That is pretty much the sum of what he needs to know to 'practice'. With that said, I do hope you obtain new legal counsel because it sounds like it would be advisable to have a Sherpa.
  3. Earlier
  4. I suggest all of you who feel slighted by my comments above either reread the posts or look up the word "template". This thread has been hijacked and I am just as guilty as others. For that I apologize. However, I will never apologize for correcting what anyone can clearly see as untruths or outright bad advice. One size does not fit all nor will it ever in VA adjudications. Hadit allows Vets to offer advice on how they solved their dilemma. Using another's technique to win is often like trying to wear another's clothes. Sadly, many Vets discover this when they try to utilize advice at Vet's help sites. While it may be helpful or instructive, it must be taken in context or it may backfire. What we are seeing here is the "too many chiefs and not enough Indians" syndrome" or more succinctly "My advice is correct and yours isn't." Hey, folks. Fly at it but do not insist I agree with your misconstrual of VA law. I do this day in and day out-and most of it pro bono. Most of you do it once or twice and obtain what you seek. You do not continue to keep up with changing statute and regulation. I do not talk down to Vets. I do not give them false hope. I provide a service when they finally have no one to turn to for representation. Virtually all of the Vets I represent are very ill and have had no success with their purported representative at a major VSO. I lost a Vietnam 11 Bravo (LRRP) this morning to respiratory cancer. He did two tours back to back like me. Two BS's with Vs and a PH. I now have the unenviable task of consoling his widow this week, going to his funeral, filing for substitution and getting a nexus to fight it. I do it because if the shoe was on the other foot, he would have done it for me. I met him here. I try to provide general knowledge couched as advice. I do not offer specific advice or counseling because that is against the code of conduct for attorneys and agents. If you disagree with my advice, it helps if you could cite to the specific regulation you feel I am wrong about. Ad hominem (google it) attacks about the need for earplugs are pointless. It is said you can lead a horse to water but you cannot make him drink. The adage more than applies here. To tell someone they have to have an IMO in order to submit a winning claim for PTSD is misinformation. To baldly state that CUE is "VERY RARE" is a gross distortion of the truth (read "untruth"). Only a novitiate or someone grossly misinformed would make such a comment. To what purpose? For those of you without a dictionary, misinformation and untruths mean you are giving your fellow Veterans false information. To tell them they need to obtain a PTSD nexus initially from a private source insures they will lose and really damages their chances of success later on on appeal. If you feel the overwhelming desire to give advice, make sure you read the statute and regulation that controls it first. Many of you depend on your fellow Vets here to offer useful information but you endanger all of Theresa's hard work on this site if the advice you offer is useless, inapplicable or worse-detrimental to their claim. That is all I set out to say when I entered this thread. After many years of doing this, my personal experience is that many who suffer major mental disorders are very sensitive to any criticism and consider their particular experiences unique and applicable across a broad spectrum. I certainly do not seek to upset any of you but it's apparent it grates on your ears. Hadit was designed to help all of you, not devolve into arguments about who is "more right" or has a more spot-on experience. I offer my past battles as advice only, and now, my working knowledge from real experience as an accredited Veterans advocate as help for all of you. You most certainly are free to ignore it. Henceforth, I will don earplugs before delving into these posts. I apologize for any who feel marginalized by my comments. My intentions were purely altruistic. P.S. In reference to Buck's comment above. I wish to clarify my aircraft was not shot down. My gomer Air America pilot, Jack Smith had a hangover and made a left turn into a mountain. We went from 75 kts to 0 in just under 10 feet when the A/C stalled and augered into the trees. We actually made it about 1 klic inside Thailand when he pulled this stunt so it cannot be truthfully said we went down in Laos. Besides, Laos wasn't enemy territory. It was neutral but we did a lot of sightseeing up there. Regardless of what Buck says, I am a Veteran just like all of you- no better, no worse, no more or less important than any of you and certainly not unique in any respect. We had a 40% casualty rate with all of them KIA-BNR.
  5. <<<<This topic is about PTSD....>>>>>> Navy4life. I beg to disagree. This post is not about PTSD. It's about getting secondaries to PTSD. It has now devolved into the perceived secret of how to get SC for anything including PTSD. I merely wish to dispel the misinformation I read here. You cannot win if you file for PTSD with a PTSD dx from a private doc-be it on toilet paper or a DBQ form. CUEs are not rare. We just don't always see them. Are Berta's eight (?) CUEs an anomaly or simply an aberration? Attached is a claim I filed for R(1) in Phoenix last fall. But look how VA approached it. They went back and CUE'd themselves over an earlier denial of same-for R(t). Yes, I had a good nexus. Take a gander. 9 CUEs in just one claim. And you think CUE is rare? PTSD merely requires a different approach than arriving with a full-blown nexus. Very, very few of you Vets are ever going to luck out and hornswoggle a VA doctor into a PTSD IMO. No two PTSD claims are alike. In fact, no two VA claims of the any sort are alike. Nevertheless, the repair order is the same in every case. Some Vets do not have glaring stressors in their records. Some don't even have combat medals like my Vet above. Shoot, I have 3 combat Vs.I had a devil of a time convincing them I should get the §1154(b) combat presumption like Buck until I produced the evidence in 2013 with a revised DD 215. VA doesn't just accept your word. I'm glad I never applied for bent brain. If I had, I couldn't be accredited. Hep C claims are also different, Consider this. You couldn't have a dx of Hep C in your STRs in 1968 because they didn't discover the disease until 1989. They came up with a test for it in 1992. So... how do you win? 1) file. 2) get denied and let them hang themselves and say the jetguns didn't transmit Hep C to you (Remember that finding of fact); 3) develop your risk factor (tattoo in service; STD in service; inoculations via jetgun); 4) submit NOD without a nexus. Then, N4L, I guarantee you will lose. But not because you still lack a nexus. Every single one of these has gone to the BVA. VA Examiners will say it's too speculative to opine. They force it up to the BVA because they are not allowed to decide it at the SOJ (Station of Jurisdiction). It's unwritten but real. When you appeal to BVA, that's when you plunk down your nexus letter. Since the BVA's backlog is out the door, they review the incoming and cherry pick the easy ones. If you have a nexus and you file the motion to waive review in the first instance at the RO level, they immediately grant it. Trust me when I say the idiots at your RO are not going to show up and file a new IMO against you. Never look at any two claims the same way. If you get a atty/agent on appeal after VSO representation, the Courts view the VSO as a gomer with no legal training. This gives us the opportunity to finesse your claims by repairing them. Quite simply, you had Bozo the clown for a rep but now you have a licensed Sherpa to fix it. Make no mistake about it. VLJs respect us and our knowledge. Technique. Course knowledge. Each claim must be viewed in its context. Feel the Force...Be the Force. Leave no one behind -just like Theresa says. Not on a Jungle Trail. My buddies and I had to do that once. Never again. Never. That's why I chose to do this. r1 redacted.PDF
  6. Loyal, get serious. I never suggested that you could win solely based on a private Nexus. Note I said you have to be denied first. That generally happens to 85% of us the first time out. Remember my recipe. Rebut the denial on the VA's findings of Fact. P.S. I forgot to add. As of 2010, VBA forbid VHA doctors to dx PTSD or be terminated. What you hear about in this regard is that many VAMC's are right next door to a teaching hospital who supplies Doctors who practice at both venues. Sometimes you can get the "private" doctor to write your IMO because VA has no control over him/her. The term "white wall" is a phalanx of doctors who will never argue with one another. VA pays VES shrinks to deny. VA offers VES Docs 30 pieces of silver four times a day to deny Vets. Many retired shrinks are tempted. But if you produce a valid IMO that looks like the one above, the VES doctor will be forced to concur. Mine rebutted every finding of fact by VA. The purpose of the followup VA c&p is to correct an "obvious" error of diagnosis-i.e. say that the Vet now does have bent brain. That is the real secret to your win. As my daddy used to say, "It ain't a f-up until you can't fix it. I guess I haven't run into one I can't fix yet.
  7. <<<If you have a solid claim in the first place, there will never be a need to go to the BVA.>>> I get a bang out of Vets who use their own claims experience as the template for everyone else's when giving advice. Obviously Navy4life has never filed claims for CUE or she would never say that. It took me 7 years and two trips to the CAVC (#12-1980 (comp.) and #15-115 (CUE)) to collect my $500,000. I had wonderful evidence but VA was adamant about not paying that huge sum out without a fight. When (and if) Navy4life becomes accredited and dips her paddle in the VA lake of claims, I do hope she'll come back and tell us you never have to appeal to the BVA or up to the Court. If we never had to, there would be no need for Attorneys or Agents (or VSOs for that matter!) and we would certainly never need the CAVC. We'd settle all this at the ROs across the fruited plains and win the first time out. Ne c'est pas? <<<PTSD is a different animal and any claim for PTSD has to have a diagnosis from a VA or contracted examiner for the VA when a PTSD claim is submitted.>>>> Hmmm. What's wrong with this statement? How is it anyone who has been previously denied for PTSD ever wins down the road like all of my clients? Every one of the Vets I've taken on was denied by a contracted VA examiner (VES/QTC) or a VA psychiatrist. By law, I cannot represent them until they get denied. I have never used a DBQ nor would I. Until I repped the gentleman above, I had never had any but combat Vets like Buck w/ CIBs or other combat medals. Actually, I take that back. I had a WW2 Marine Infantryman who was in the first wave a New Georgia and Okinawa. He lost for PTSD eight times. He was my first claim. I got him 30% and filed the NOD. We obtained a IMO from a private shrink and VA instantly granted 100% with no fight. He was 94. Understand one thing. VA, by operation of law, is forbidden to develop negative evidence against your claim. Their shrink can deny you based on lack of a stressor or because you have personality disorders . Once your rebut that, you reach equipoise. Equipoise gives you the benefit of the doubt. Ergo, you win. One thing I do not hand out is bogus advice. I'm not allow to by law. You folks are welcome to disagree with me but please do not ask me to agree with your interpretation of statute and regulation. I began this game in 1989. I finally won the last of it in 2016. You can insist I'm full of hooey and doing it wrong but my clients (over 1000 now) are all happy campers. In fact, everyone who read my book has gone on to win. If any of you are avid followers of the CAVC, check out docket #18-938. You will notice that Judge Bartley is taking an inordinately long time to deny my quest for a larger greenhouse after VR&E screwed me on the size. If they were going to deny or dismiss, it would have happened in less than a week. Next week, we'll be going over one month with no decision. I'm hoping for a panel and an Ex Writ win. That would be #9 in all of CAVC history since 1989. Win or Die.
  8. Hold the phone, gentlemen. In order for this to work (succeeding with a private nexus), you have to follow the recipe. 1) submit claim; 2) get VES/QTC shrink exam; 3) get VA denial; 4) obtain and submit private IMO with NOD; 5) VA orders new c&p to CYA; 6) win. I'm also going to tip my cards and tell you one very important facet. No one-I repeat- no one in my business uses a DBQ. We have a shrink write it up on the standard form we all use. I refer, of course, to the SF 8.5X11 (W) form called a blank sheet of paper. All my nexus letters are unique. Never fall into the trap of using the VA's forms. By law, we now have to use certain standard forms such as the 526, 958 etc. Nowhere is it written that only DBQs on the approved forms are de rigeur. DBQs are for VA contract exams so as to keep them from coloring outside the lines. Attached you will find a chicken dinner winner. Note that it is not on a DBQ. Remember, every claim has a different technique for winning. Some require very little - i.e. a GSW or SFW. Musculoskeletal injuries require some event recorded in your STRs unless your MOS was Airborne and you jumped out of perfectly good airplanes that were not going down. I know Matt Hill personally and I can't see him digressing on this point. Using a DBQ to rebut a DBQ is a waste of time. Redact IMO for PTSD.pdf
  9. asknod

    Anyone Use David Anaise Md Jd

    Roger that, Eli. I merely put this information up for any to read. The premises are still valid on attorney/client fee agreements as well as the technique of cementing your appeal at the Board and making it remand-proof. Always remember, knowledge will give you the power to win. Advice, while freely given here, should be verified. That's why we do this. Occasionally, I read comments on this site that make my hair stand on end. I've learned to bite my tongue and keep my counsel to myself. If I only helped one Vet by posting this, then that's one more who benefited. So many Vets. So little time.
  10. I do most of my IMOs with Mednick Associates, sir. I have various other choices for bent brain depending on the circumstances. I'd only use a woman shrink if my client was a woman. If you have to go up to the BVA on a MST claim, you'll be wanting it to positively drip 100% phrases. With the vastly increased number of women on the Board now, and indeed the head honcho there being a woman, you want all the advantages you can assemble. If you do get a VLJ like Ms. Ursula R. Powell, who's been there since ten years before Jesus Christ was born, you'd better have a killer IMO. With that waiver of review in the first instance, you'll always win-well, assuming you're not contending your bad back and DJD was caused by being thrown out the cargo hatch of an alien spaceship from 30 feet up while you were in the service. The downside for pro se Vets is that Mednick will only work with attorneys or agents. Their policy can deprive you of that valuable tool without the services of one of us. I don't subscribe to that philosophy but then something must have happened that queered the deal and provoked the policy. It's Mednick's sandbox so they get to make the rules. I'm extremely fortunate to have them in my Rolodex. Best of all, they can do it in three weeks if I'm pressed for time.
  11. asknod

    Anyone Use David Anaise Md Jd

    <<<<<So the Dr. sends me forms and contacts to sign, he wants to get my C-File, he wants 20% of my back pay if we win, and if I fire him during the course of his investigation he is entitled to $350.00 an hour for the work he did. Wow all I wanted was a Nexus letter, it is written on his website he charges $1500.00 for a Nexus letter. I don't mind a person making living but WOW!! I do not think this is reaching out and helping. So I called him and left him a voice mail message, sent him several emails about all this money he wants, so far he has not gotten back to me>>>>> _________________________________________________________________________________________________________ So let me see if I have this straight. You contacted him about doing some business. <<<So the Dr. sends me forms and contacts to sign, he wants to get my C-File.>>>> In order to view your claims file, by law, he has to have your POA. How would you write a nexus letter for a Vet without reviewing all the medical records he has? We have to be able to make sure your claim is legitimate or run the risk of losing our accreditation. <<<<<He wants 20% of my back pay if we win.>>>>>> That's standard procedure. He also gets 0% of your money if he loses. You can charge up to 33% if you go to the CAVC. The 20% is pretty much all he makes for his work. He's a doctor and he can legally be your attorney as well as your nexus doctor. Do you have any idea what it costs in college funds and time invested to obtain an MD as well as Juris Doctorate? $1500 for a nexus is $500 less than most doctors I deal with. A lot of us obtain a nexus opinions for our clients and I pay for it out of my own pocket sometimes. The Vet pays it back when he prevails. <<<<<<<If I fire him during the course of his investigation he is entitled to $350.00 an hour for the work he did.>>>>> So the idea is to go find another guy who will do it for $1500? All the outfits I use to obtain nexus letters charge $2,000. Why would you have to fire him? If everyone could just give an atty. the boot before they won, there would not be much of an incentive for doing this. Would anyone think it fair to help a Vet to the finish line just to get kicked in the teeth and screwed out of your pre-agreed upon amount? <<<<<<I called him and left him a voice mail message, sent him several emails about all this money he wants, so far he has not gotten back to me. >>>>>> I have to turn down 80% of the folks who approach me. I don't even have enough time to be with family. For every attorney/agent out here in America, there are probably 20 Vets chasing us on any given day asking for representation. Dr. Anaise would have to pay a shrink to do a PTSD nexus because he isn't a psychiatrist/psychologist. Call up an attorney and ask them how much they charge to win an automobile accident. Yep. 40%. Some take 45%. As for reaching out and helping: By law, we are not allowed to "cold-call" Vets looking for new clients. You have to contact us. Even then, we are required to ask your permission to do anything. We can't just agree with the VA examiner to a 0% for tinnitus the way the VSOs do. While I'm not the biggest fan of these kinds of doctor/lawyers, they do help Vets win. If you keep losing, it's because you're not doing it right. Trying to find a cheap nexus is not something I'd do. VA is well-aware of Dr. Anaise as well as Dr. Bash. Your claim also gets the hairy eyeball when their names pop up at the RO. And, as a last bit of advice. I don't want to come across as being mean or uncaring. I wouldn't camp out next to the phone. I doubt Dr. Anaise will be returning your calls or emails. There were 19 other guys in line behind you that Memorial Day.
  12. Not so with it requiring a VA shrink to give you a PTSD dx. Once you are denied, you can seek out a private shrink to rebut the denial. I use a guy out of Colorado. He will work directly with a Veterans whereas most will require you go through an attorney. I have his contact info if you wish it. PM me and I'll give it to you.
  13. Start a new thread and I'd answer that Buck. I don't want to get any warning points or teach bad habits to newcomers about "taking over" a thread. Suffice it to say, after 5 years, they'd better have a darn good reason to schedule not one-but two exams- spread out over six months/year to show you have not only improved but maintained the improvement. If they don't, I win them at the BVA for not doing two exams. But with my new-found knowledge and techniques, I don't even need to get in that 4-year backlog nightmare. It's easier to spend $2 K of my client's money and get that IMO to rebut VA's contention right after the FIRST c&p where VA is saying you're a candidate for the Boston Marathon. I call for a DRO hearing on the record and whack 'em up side the head with the new IMO and they sit down and shut up. You'd end up paying me a wad for taking that appeal upstairs and the 4-years @ 20% you'd have to pay . I don't want your money. I'm too busy. I'd rather come here and teach you how to DIY.
  14. Someone (VA?) is blowing smoke up your rear end. I can get anyone SC for anything at any time regardless of how many times or when they got denied or in which order. Here's a pertinent example. My Vet goes to Vietnam and loads caskets on departing C-141s at TSN for 8 months. He helps unload wounded from Dustoffs. Finally, it warps him and he begins snorting smack. The AF pulls him aside and gives him a one-time shot at rehab and a clean sheet. They evac him to Wilford Hall MC at Lackland AFB in San Antonio. He is cleaned up but his psyche is irreparably damaged. They 86 him and give him a DD 257 as an incorrigible drug addict with personality disorders. I wrote this in 2015- a full year before I was accredited by VA. https://asknod.org/2015/08/20/the-good-humor-man-at-tan-son-nhut-ab/ He filed for bent brain as he left in '70. VA denied and said his Heroin and ETOH were the cause of his mental disorders. He lost 5 more times to the present (2015). I filed anew last fall and tuned up the claim with a good, rewritten stressor. No buddy letters. No evidence of PTSD or GAD (back in those days we called it Generalized Anxiety Disorder) in service. VA examined him and denied yet again this spring. Denial was for "no dx of PTSD". VA insisted he had a MDD secondary to drug addiction for 48 years. Suddenly, now, there's no mention of all those denials based on drugs being the reason he's bent. I promptly went to my nexus doctors and got a beautiful dx of PTSD due to all those human popsicles in caskets he was loading. I got the shrink to say the drugs were an attempt to self-medicate and good medical treatises on the fact that drug use doesn't cause bent brain syndrome. VA just scheduled a new c&p to rate him on Friday last. Never ever, ever depend on VES/QTC doctors to write a favorable nexus. VA denied for every reason under the sun for 48 years. I won on attempt #6 because it's a simple recipe. If you refuse to follow it, you lose. In the instant case mentioned above, you (dlove74us) are being given bogus info and told to believe it. One thing I have learned in my 30 years of doing this is the need for essential, valid knowledge. There is a lot of incorrect info out there being disseminated to Vets-often by VSOs. Once you understand the "game", you cannot lose. This presumes you have a legitimate claim (but I treat that as a given). VA denies by depriving you of a nexus-not because you are not entitled- but because they are an Insurance Co. That's what they do. They deny and frequently in case nobody noticed. You merely have to get the nexus letter to win-even if you don't get it for 48 years. One trick most do not realize is the old "benefit of the doubt" rule we laugh about. You file. VA denies. You get your IMO and file it with your NOD. VA is forbidden to develop negative evidence against you so the claim is now in equipoise. Equipoise = tie goes to the runner-ergo you win. You may have to go to the BVA on some contentious point of law like a jetgun claim for Hep C. In that case, you hand your IMO to a VLJ rather than a dumb-s__t rater. Bingo, you win. Let VA deny. They have to have a succinct "Finding of Fact" to deny with. Let them develop this finding so you can rebut it with a nexus. Turn their game against them. Once they commit with their negative nexus, you have the opportunity to rebut with your IMO and will win. Sadly, I see many develop their claims and think VA is going to see the light and agree with them. Not. The M 21 was not developed to grant claims. It sounds good but the manual is designed to provide the excuse needed to deny with. I buy my nexus letters for a flat $2,000 apiece. They are always bulletproof. I've had 4 losses in about 1000 attempts since 2008. Reasons? 1) Liar (was never in Vietnam); 2) Liar (admitted to drug addiction in 1993 and then testified in 2014 he was clean as the driven snow); 3) Lied about OTH discharge; and 4) Liar (lots of UCMJ violations for more things than I can list here and most were not LOD). You win because a) you're right and b) you told the truth. If the STRs and the claims file bear out your contentions, you will always succeed. If you failed, you forgot to supply one of the needed three ingredients. If I can get a Vet SC for glioblastoma for Camp LeJeune water and it isn't on the list, then you folks can do it too. https://www.va.gov/vetapp18/files3/1815897.txt I'm not a miracle worker nor do I profess to be one. I use VA's game against them. I suggest you do the same.
  15. asknod

    Depression IMO from MD?

    Getting a top notch IMO for a psychiatric disorder is not difficult per se. The problem is finding an attorney or agent to represent you. Most IMO/nexus letter outfits like MedConnect or Mednick Associates, as well as all the SSA attorney shrinks I've worked with will only deal with an attorney or agent. They refuse to work directly for the Veteran for fear of being scammed or worse- getting stiffed for the bill. The worst that could and does happen is getting sued because they find you do not have a MMD. As a Veteran, you cannot sue a VA attorney or agent. Many Vets with psychiatric disorders try to. I don't know why but that's the way it happens. I've reluctantly done a few PTSD and bipolar disorder claims for my friends or neighbors and they are no more difficult than any other. They just require a psychiatrist/psychologist. Doctors Bash and Anaise are both medical doctors in addition to having juris doctorates. The JD permits them to practice law. However, being MDs, they cannot diagnose mental disorders and their opinions would be thrown out. The Court of Veterans Appeals recently denied an appeal by a Veteran represented by Dr. Anaise. It was over a sleep apnea claim as secondary to a psychiatric disorder. I attach it below. This will give you an idea of what can happen. Drs. Bash and Anaise typically charge in the neighborhood of $6,000 or more for their services. Mednick charges $2,000 and splits it into two categories. If they can't write it for you, they only charge $1,000 for the review. If they can, they only charge the second $1,000 upon completion. I generally go over the final product to fine tune it with the Psychologists. Remember, you want a perfect product, not one that is skinny on details or inaccurate on the facts. To date, I've never had an IMO request turned down for an inability to write it. HarveyJ_16-1515.pdf
  16. Extraordinary Writs cannot be filed legally until two years and one day. It was determined in 1984 that any less was not an arbitrary refusal to act.
  17. The AMC is now the ARC (Appeals Resource Center). It is an arm of the BVA used to quickly "repair" an appeal that arrives incomplete at the Board. Say they forgot to issue an SOC on one part of your claim. The ARC will accomplish this and then send it back to the Vet. Law Judge to be finally decided. Actually, if you signed a Waiver of Review in the First Instance at the BVA, a lot of tiem-consuming foolish remands would never happen. They could just send it over to the ARC (around the corner from 810 Vermont Ave. at NW at 1717 I street NW). The ARC just screwed up one of my BVA decisions up so they are not infallible. They also aren't so much a black hole anymore. They are simply inundated in BVA repair orders. The ARC is a "super RO". They do the exact same thing as your RO but we don't have to wait forever for them to bundle up the claims file (in paper) and UPS it back to Houston (or wherever) to fix it. The ARC performs their magic to get it fixed and promptly sends it back over to the Judge. And guess what. They hired 20 new judges to speed things up. Now it will only take 3-4 years in backlog instead of 5-6. Whoopee. In 2015 they screwed up and gave me 100% all the way back to 1994. I didn't complain...
  18. It has nothing to do with SMC. In this day and age of .pdf OCR text recognition, they have algorithms they can run on a VBMS claims file, VAMC CAPRI records and any of the correspondence---or other older ratings from 2008 in your case. By law, they have to carefully and sympathetically develop a claim to its optimum if anything such as new evidence is submitted now (2018) that might be an "inferred claim" for an older claim. In that case, they file it for you. Once the evidence is in the file, if VA notices it, they can award you the disability but only on the day the evidence was associated with the claims file. Here we have active proof of VA now awarding you anything and everything finally that they screwed up and missed in the past. I find it interesting that this close inspection of our files only occurs when we can no longer benefit from it. If it is added to your then-existing ratings, I'll bet $5 it will not yield any retro. It will be a paltry 10% or less. I recently had a client in almost exactly your situation- two different SMC Ls bumping him up into the R/T plateau. When my Vet got there, they showered him with inconsequential 10%s, 20%s and a 30% for dual incontinence and sagging facial muscles etc. etc. on top of R2. It's like getting five Purple Hearts. The extra oak leaf clusters look cool but they don't buy a bigger cup of coffee. Personally, I like to roam around in really old VBMS records from the 60s and 70s. The VA thought they were a law unto themselves and hosed us Vietnam Vets on ratings. They are a goldmine waiting to be uncovered.
  19. §3.156(c) is explicit. No lost c&ps. By definition, those are not "service dept. records". Follow the link and read the article . The reg is printed in the post.
  20. This will always be my favorite, Gastone. My wife didn't like it. When I got accredited, she said I had to change it. It was our unit motto up in Laos. I even had it trademarked to protect it.
  21. Every claims file (or VBMS record on line) I peruse, I find blatant error. In CUE, you have to surmount the "manifestly change the outcome" codicil. That, in itself, isn't a problem. What I often find is obvious inclusion of records that no one ever acknowledged or reviewed. How about this one. Vet gets out in '70. Proceeds to VAMC with hepatitis NOS a month later. Gets discharged after three weeks.. Two months later, he's back in with more gastro problems. They finally do a liver scan and say "Ruh-oh Rorge. You have a biiiiiiig problem. Your hepatitis appears to be permanent." Then they discharge him again. He files with about 10 days to beat the one-year deadline. A year later they deny. He never appeals. Then he finally gets really sick in 2012. Yeppers, turns out it was Hep C. His liver's charcoal. VA finally relents and gives him 10%! Last year, they finally dx liver cancer and give him 100% temporarily during chemotherapy but pull the rug after 6 months. The cancer came back. I took his claim when all my friends at HCVets begged me to help him. I find the dx of permanent liver issues in the first several entries in VAMC CAPRI records. It's been in his c-file since January 21st, 1971. I filed the CUE saying they had constructive possession of the record. VA says no. Constructive possession law didn't enter in until Bell v. Derwinski in 1992. Not so. If VA had it in his c-file, that's different from it sitting at the VAMC undiscovered. They actually had other medrecs that postdated this discovery they used to deny him with. Interestingly, he complained of extreme anxiety and depression at the time. Wouldn't you if someone told your your liver was headed south? But here's the kicker. In 1970, DC 7345 rated you at 60% for liver problems-but only if you also suffered from a diagnosed psychiatric disability related to it. The dumb asses wrote it down in no uncertain terms that, yes indeed, he had diagnosed mental disability BUT-it wasn't service connected either. I have no idea what it will pay out but it'll easily be over a million. In sum, I think I have yet to pick up a file that doesn't have an error. It's like the gang who couldn't shoot straight. If you served back in Buck's and my day, I can almost guarantee you I could find a compensable error-be it CUE or otherwise. So many Vets. So little time. Imagine what I could do if I wasn't this close to punching out. I used to use Westlaw to find my citations at $59 a minute. Now I just use the BVA decisions website for all my cites. I love it. They accredit me and then provide me with the ammo to shoot them with for free. Only at the VA, ladies and gentlemen. They can't even find their derrieres with a methane detector. VBMS is the best thing that ever happened because no one is shredding the incriminatory evidence. They're hiring subcontractors to scan it in-all of it uncensored or researched to weed out the incriminatory evidence. clear prop!
  22. I'm doing this appeal because the Seattle DRO just can't bring herself to commit career suicide by writing a $1.25 million dollar check. It's 60% plus spouse and 4 dependents from 1970. I dinked her for a 10% CUE back to 70 for $44 K but that's just the opening shot. She must hate me for drawing her for this NOD. Just filed the VA 9 and an SOC rebuttal. Hell, the VSCM might just throw in the towel when he sees the rebuttal knowing he's really going to look like a dumb ass if this goes up to the Board. Check it out. There's no business like VA business. https://asknod.org/2018/06/02/lz-cork-understanding-§3-156c/ Here's my boy Butch. https://asknod.org/2015/02/15/lz-cork-2015-doing-the-puyallup/
  23. asknod

    Does RAMP CUE have to be in form of a motion?

    CUE is a motion to revise, not a motion to amend.
  24. VSOs only teach the essentials up to SMC S. They don't even know or acknowledge higher ratings exist. Obtaining A&A ( SMC at the L rate) requires far more than just having your Doctor fill out a VAF 21-2680. At a minimum. you'll have an extensive VA c&p to ascertain if indeed you qualify as "helpless" or as a danger to yourself or others. It will also require a few medical determinations for the need of a fiduciary. If at all possible, I'd try to dodge the fiduciary requirement as it will restrict how you or your fiduciary can spend your funds. VA also claws back unspent funding when you pass if you have a fiduciary.
  25. When you are declared P&T, VA announces this as eligibility for Chapter 35 DEA benefits. They do not say "Miz Hollie you are now 100% P&T" in their rating decision. In VA parlance, there is no such thing as "P&T". And Boy howdy, if you're getting TDIU and decide to take a job under the table thinking somehow that SSA won't find out about it, think again. If you get caught working while on IU, you will quickly discover P&T is most definitely not permanent and total. I've had folks I helped get hauled in at 19 years and 4 months for a c&p to determine if their _________ got better. In VAland, we all know you are Boston Marathon material just waiting for the starter's gun-even if you're DIW. Unless you are 100% schedular for condition X and have been for over 20 years, never assume you are "p&t". Berta actually has far more good info than I on post p&t info. Think of me as Perry Mason. My job is to get you across the finish line with a win. I don't delve into post-decisional details because my caseload is enormous now. So many Vets... so little time.
  26. Sure, Ms. Greene. If you and your husband have been married for over a year, then he qualifies legally. I do mean married with a genuine marriage license-not a common law affair. Now, if you have had your Chapter 35 DEA benefits (P&T) for over ten years, then your husband is entitled to DIC (Dependents Indemnity Compensation) after you pass away. After you have been rated for over twenty years, VA cannot reduce any ratings- assuming, arguendo, no fraud was involved in attaining those ratings. DIC is currently $1283.11 per month tax free. Add $272.46 per month if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2). This added sum equals $1,555.57 per month (tax free). Add the following allowance for a dependent child under age 18: $317.87 per child per month; If the surviving spouse is entitled to A&A, add $317.87 per month;If the surviving spouse is entitled to Housebound, add $148.91 per month; If the surviving spouse has one or more children under the age 18 on the award, add the 2-year transitional benefit of $270.00 per month (tax free). Does that answer your dilemma? VSOs are purposefully not trained in the law. They are trained on how to fill out VAFs 21-4138, 21-526EZ, 21-0958, 9 and VA 646s (Terms of Surrender). Their Congressional Charter states they "will help the VA adjudicate a Veteran's claim(s)". That means they lick the envelope and put the stamp on it for you.
  27. asknod

    Hope for Blue Water Veterans

    I read up on it. There's no IOM scientific basis for inclusion of BWV. That would be a first for VA. If they grant, they'll have to include Vets who actually were exposed. Think about those thousands of Air Force, Army and Marines deployed in Thailand and Laos and you really have a VA budget deficit. They'd have to dump TDIU to even get close to balancing it. It intrigued me so much I wrote an article as I am wont to do.. https://asknod.org/2018/05/06/sunday-morning-first-you-love-me-and-then-you-fade-away/
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