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29,665 questions in this forum
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Jstacy - I Hope It's Okay That We Disagre!
My experience w/the VA has drawn me to my conclusions. Prior to the www I went to my VARO and had to look thru volumes of M-21. I learned. Perhaps you have inside info that I do not. Just my opinion. We're all here to help and if you have better info, post it!!!!!!!!!!!!!
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Vcaa Notice Response ?
Just received notification from VA that they are working on my appeals . I have three different cases plus a 1151 case at this time.What I am finding strange is that they have put all medical conditions in this notification and sent a VCAA notice response with the notification .I have never had them do that before. What I am wondering is does this mean that they are now ready to decide ALL my claims at one time? I has a C&P for the 1151 two months ago. It is the only issue not mentioned in this notification .I think they are taking their time with the 1151 eye claim as it should give my at least a N rating or at least that is what I think it should be(totally b…
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Need Help
I have a claim in for asbestos poisoning and received a letter from the VA asking what chemicals I used in the service. I was a Jet Engine mechanic/ crew Chief. I know I was exposed to JP4, JP5, fuel 7808, 23669 oil hydraulic fluid pd 680 and trkie but I can not think of any thing else right now does anybody have the list of chemicals used by Aircraft mechs in the service? Thanks, Jim
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Writing The Ro
Do you think it is worthwhile to write your RO and explain the circumstances behind filing appeals? It seems that the NOD's my SO officer files are pretty generic and simply request a review based on new and material evidence. An example in my case would be regarding migraines: The RO ignored evidence in my SMR with regards to the frequency; hopefully this has been rectified with new evidence plus the highlighted page from SMR, and assigned a 0% rating. We have filled the NOD with evidence from my treating physicians that the correct freq is 3-4 a month vice the 3-4 a year the RO quoted. The evidence shows that during the attack I suffer from Nausea, vomiting, ph…
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Berta, Did You Know This?
Berta, I took this from the link Railroader posted--Citation's Changes. The part in red was interesting. Were you the Administratix of the Estate? TORT JUDGMENTS--DIC OFFSET BY FTCA5 JUDGMENT § 38 U.S.C. § 1151 (1995) provides for Dependency Indemnity Compensation to be offset by Federal Tort Claims Act (FTCA) judgments. In the case VA compensation paid to the widow results in a reduced judgment, the widow’s remedy is through “the U.S. District Courts that would have jurisdiction over questions arising from that litigation”. Gantt v. Principi, 16 Vet.App. 89, 95 (2002) quoting Bryan v. West, 13 Vet.App. 482, 486 (2000). Another question is the appellant’s legal…
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ptsd Ptsd Suicides Abound, Debriefing?
THE WAR AGAINST PTSD STARTS NOW! (Post Traumatic Stress Disorder) This website was created in the memory of our beloved Hero, SPC Joshua Omvig of the 339th MP Company, who was born in Wyoming on November 18, 1983 to proud parents, Randy and Ellen Omvig, and left a hole in his families hearts when he passed on December 22, 2005 at the age of 22 at his home in Iowa. We will forever love and remember him. We will NOT REST until NO LIFE IS EVER LOST TO THIS DEMON DISORDER... IT IS TREATABLE! IT IS PREVENTABLE! We were BLESSED to be informed that THIS SITE SAVED A LIFE in it's FIRST MONTH! YOU can SAVE A HUMAN LIFE... yes YOU!!! It's as easy as sharing thi…
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Layman Evidence Counts
APPELLANT’S TESTIMONY MAY PLACE THE EVIDENCE IN EQUIPOISE § “The Secretary cannot ignore appellant’s testimony simply because appellant is an interested party. [] Appellant’s sworn statement, then, unless sufficiently rebutted, may serve to place the evidence in equipoise.” Cartright v. Derwinski, 2 Vet.App. 24, 25-26 (1991).
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Need Cova Or Cavc Case
Looking for anyone who happens to know the name of the case that essentially states that the "rater/adjudicator" may not make a medical decision/interpretation(sp)? Thanks!!
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Ambiguous Diagnostic Code (7005 And 7007)
AMBIGUOUS DIAGNOSTIC CODE RESOLVED IN FAVOR OF VETERAN § Where the rating criteria in a diagnostic code ("DC") are ambiguous, the interpretative doubt must be resolved in favor of the veteran. Otero-Castro v. Principi, 16 Vet. App. 375, 382 (2002) (The Court found that Diagnostic Codes 7005 and 7007 were ambiguous when deciding whether or not a veteran should be granted a rating of 60% based on "a separate showing of left ventricular dysfunction in addition to an ejection fraction of 30% through 50%.").
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Citation's Changes
http://www.google.com/search?q=+recent+cou...:en-US:official I think I got another link this time..If it works...scroll to the bottom and click on [Doc] CITATION'S CHANGES.....And read with a reader not html....hope it works.
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[doc] Citation's Changes
http://www.google.com/search?q=+recent+cou...ova)+Fed.+Cir.& If this one comes through.....scroll to the bottom of the page and click on [Doc] Citation's Changes and it will be a better read than the other one The link on the web page keep changing so you will just have to keep looking until you find it...Also there is another post with the same link...so either one will do..just have to serch for Citation changes Railroader
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Dav Court Citations
http://72.14.207.104/search?q=cache:-wF1JY...lient=firefox-a Wow this is a long address....I hope that I pieced it all in and it works.
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