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VA Disability Claims Research
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29,407 questions in this forum
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tinnitus New Member
I am currently rated at 50% with the VA. (40 % Back/10% Neck/ 0% Tinnitus/Hearing Loss/ 0% eyes) I have asked for an increase with the help of the DAV on June 15, 2009 for the following: 1. Tinnitus- I have two doctors letters clearly establishing my extreme tinnitus and connection with my USAF active duty days. In addition the VA has issued me hearing aids. 2. Fibromyalgia: I have two separate doctors who have completed an IME and both say it is more likely than not do to my accident in the USAF. My Fibromyalgia is very painful and has made my body into a cage of pain. 3. Neck pain has increased to severe levels. The pain is constant and I cannot do many normal t…
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Exposure To Chlorobromomethane
I am posting this for my father. He served in USAF as Firefighter on flightline during Vietnam Era, discharged in 1969. He was sprayed with chlorobromomethane (in his medical records) has bilateral hearing loss (which the VA has treated him and gave him hearing aids. He submitted a claim with the help of a VA Rep and he is frustrated because they want additional evidence. He has emphysema and during the time he served he wore the silver fire suit of asbestos. They want evidence that any of his current conditions existed from military service. How can anyone prove that? I have been trying to do some research for him and the VA stated exposure to chlorobromethane in …
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Cognitive Disorder Nos W/ Tbi Residual Rating Without C&p Exam
So I applied for TBI Rating after failing the memory testing, etc, during the TBI screening and sebsequent testing. I had a C&P Exam scheduled in Aug but had to cancel it because my step-Father passed away. Then yesterday I received a letter from the DAV telling me the VA has awarded me 40% rating for Cognitive Disorder with residual TBI. DAV said I should recieve the offical paperwork from the VA soon. I am very surprised the VA settled my claim without a C&P Exam. The only thing I can think of, maybe they used the results from previous C&P exams for other ratings and combined them with the results of the TBI testing. I am appreicative of the 40% ra…
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Restricting Puntative Actions
I sent this letter to Congressman Bob Filner. Feel free to copy, paste or otherwise ammend and send to any individual of your choice. RE: Unnecessary procedures and laws which result in punitive actions being taken against the veteran's claims that are denied without development by the VBA or due to abandonment by the veteran. VA laws require that a veteran provide new and material evidence to reopen a previously closed claim that had been denied for any reason. New and material evidence is required to protect the integrity of previous board decisions. The position advanced in this letter is that not all previous board decisions require protection. The only prev…
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Where Are The Desks?
The 30 new second graders thought they must be in the wrong room, as the classroom was complete except for the desks, all of which were missing. They hung around, waiting for the teacher to take them to a different room so they could sit down in their desks. When the teacher arrived, she asked if there were any questions. One student raised his hand and asked, "Where are the desks" "Good Question", the teacher responded, "that brings me to your first assignment, which is to answer this Question: What will you do to deserve your desks?" A hand went up, and the child responded, "If we promise to behave and do our homework, would we deserve our desks?" "No. …
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Blowing Fuse! >:(=)
After the usual long wait, back in March I finally get a DRO exam. Brought a supportive IMO to the exam. The DRO was satisfied with the IMO, but wanted a C&P to establish some numbers or some such. Well, a C&P on Foot related secondary conditions wandered rough shod all over my whole claim, falsely shredding every condition claimed misquoting or omitting comments from records all the way. Then this examiner ordered a couple more exams (MRI and a repeat of a Neurologists exam which cited problems but only gave "idiopathic" as cause. In the meantime... my DRO got transfered to another area but was supposedly still to work his cases. Now. Finally. The report …
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Procedure-for-awards-invalidated
http://vetlawyers.com/vetblog/index.php/20...ds-invalidated/ On September 10, the U.S. Court of Appeals for the Federal Circuit invalidated VA’s practice of sending VA regional office decisions awarding past-due benefits of $250,000 or more, or assigning an earlier effective date of eight or more years, to the VA central office in Washington for “final determination.” In Military Order of the Purple Heart v. Secretary of Veterans Affairs (link here: http://www.cafc.uscourts.gov/opinions/08-7076.pdf), the court held that the review procedure was defective because it conflicted with VA regulations entitling claimants to a hearing before the person having final deci…
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Va Claim Backlog, How Many?
VETERANS FOR COMMON SENSE: VA CLAIM BACKLOG, HOW MANY? Posted on October 22, 2009 by gordonduff How Many and For How Long are Claims Pending at VA? Written by Bob Brewin The Veterans Affairs Department manages a whole bunch of claims -- for disability, education and even burial benefits. Until this month, the department presented data on pending claims in a relatively straightforward fashion in a spreadsheet called the Monday Morning Workload Report.But starting on Oct. 5, the Veterans Benefits Administration (VBA) said it reformatted the reports to provide a "more meaningful and transparent look" at the data. But veterans groups said the new and imp…
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Act Now To Prevent Social Security Unfairness!
Date: Oct 23, 2009 2:54 PM Act Now to Prevent Social Security Unfairness! If you receive Social Security payments, it's all but certain you'll receive no cost of living adjustment (COLA) for 2010 unless the law changes. The COLA adjustment is based on the Consumer Price Index (CPI), and the CPI actually went down in 2009. This is unfair to seniors because: The CPI, which is based on a "typical" urban worker's basket of goods, does not accurately track senior costs, which include more medical expenses, prescription drugs, fuel oil, and groceries. Even Medicare premiums are increasing! New enrollees would get lower Social Security benefits reduced as a result of…
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C-file Review
I called the 800 number and asked them how I go about reviewing my c-file and the told me it is at thr RO. they said no appointment is required, just drive over and they will be able to help me out. I took today off and drove to the Montgomery RO. The guy at the front desk said the people at the 800 number were wrong. He said I have to turn in a request and wait until someone calls me. He offered to let me speak with a supervisor, so I did. the supervisor said the same thing. He said the files are stored in a different building and there is a lot that happens to get the files. He estimated that it wll take a few months to get a copy of my file. He was very respe…
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3.328 Lndependent Medical Opinions.
3.328 lndependent medical opinions. (a) General. When warranted by the medical complexity or controversy involved in a pending claim, an advisory medical opinion may be obtained from one or more medical experts who are not employees of VA. Opinions shall be obtained from recognized medical schools, universities, clinics or medical institutions with which arrangements for such opinions have been made, and an appropriate official of the institution shall select the individual expert(s) to render an opinion. (b) Requests. A request for an independent medical opinion in conjunction with a claim pending at the regional office level may be initiated by the office having…
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§ 3.2600 Review Of Benefit Claims Decisions.
e-CFR Data is current as of October 21, 2009 Title 38: Pensions, Bonuses, and Veterans' Relief PART 3—ADJUDICATION Subpart D—Universal Adjudication Rules That Apply to Benefit Claims Governed by Part 3 of This Title Revisions § 3.2600 Review of benefit claims decisions. (a) A claimant who has filed a timely Notice of Disagreement with a decision of an agency of original jurisdiction on a benefit claim has a right to a review of that decision under this section. The review will be conducted by a Veterans Service Center Manager, Pension Management Center Manager, or Decision Review Officer, at VA's discretion. An individual who did not particip…
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