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    • Yep, that settlement was before Nehmer, before the presumptives. The scientific evidence and the medical records from Vietnam are the ones I got from NARA. I got a few from NPRC, and some from the VA. I would have filed for disability while on duty, and you could do that, but the Army would not give me the records. They said they were lost, but they weren’t. They never were. YES, they can do anything they want to do. They can go back 80 years for the veteran, and at least legal age for children,  and longer depending on the child’s disability. The VA is the most powerful agency in the world. there is only a couple reasons I didn’t get disability the day after discharge. The Army, the DoD, and the VA. All withholding the evidence. That’s it. I lost a hell of a lot more than 47 years of disability. I paid for the insurance premiums, the medicine, the out of pocket cost for deductibles, medicine, hospitals, doctors,  and you know what? I nearly died several times from presumptive conditions, not to mention brain damage, strokes, GAS with Streptococcal Pharyngitis, and Tropical diseases, and much of it I have records for. They have the rest and they are sitting on it. It’s up to the VA, but they were in the wrong, and I expect they will have me dead first. I would bet on it, but I need good help, not cowards or sell outs.. vr
    • I am not active duty. It doesn’t matter what I want because the VA never had any intention on granting anything at all. They have sat on my records for almost 50 (FIFTY) years, they told me they were lost, they ignored 20 FOIA Requests, blamed my conditions on syphilis but their own tests showed negative every time. They did not do anything to help my Respiratory infections or Group A Streptococcus with Pharyngitis which is Rheumatic Fever and when you have that, the URI, the GAS with Pharyngitis, and prostatitis when covered with mosquito bites, pain behind the eyes with parasites in them, you can almost bet it’s malaria, especially when the urine is bloody and the liver is out of whack, diarrhea,  blood dots are all over.  When you’re broke out in acne around the eyes and temples, and blistered hands with rashes all over, swollen legs ankles and arms, and inflammation with thick large wheals on your trunk, back, chest, with bone pain, leg pain, abdominal pain and cramping, it’s not Atopic Dermatitis. It may have been Agent Orange. They don’t evacuate you for dry skin, and Chloroquine wasn’t the only anti malaria drug they had, and I wasn’t allergic to it either.  No, back benefits? What’s that? You mean $400 a month for 1971, $425 a month for 1972, $475 a month for 1973 and so on? That’s what they want isn’t it. Pennies on the dollar.  I never got any records to sue with or even file a claim. There was a surprise board held in Alabama in July 1971,  and I figured out it was a medical board when it was over. I didn’t know it was going to take place, or what I needed to do, or anything at all. Totally in the dark, and had no notice, no idea that there were any options, had no records to look at, didn’t know if it was a court marshal or a medical board, but it didn’t matter because I was uninformed and didn’t get any legal assistance or advise, and I was ill, and didn’t understand what they wanted, or what I could do about it.  Turns out it was already decided what I would do. Plans were already in place and the “HOME AWAITING ORDERS “ was done and I DID NOT EVER STABILIZE. I deteriorated continuously, and all the regulations were worthless and still are in my opinion.  STATUE OF LIMITATIONS? What the hell is that? When was that created? Probably in June 1971 when the Army started the one year clock, or when they gave me the benefit of doubt and allowed it not to start until April 21, 1972 when I had my first civilian day. Well I requested my records and the Army’s response was the records were lost. The VA had them in 1983 as the BVA correctly stated, but withheld them from me. According to the BVA “”THE EVIDENCE CONSIDERED AT THE TIME OF THE JUNE 1983 RATING DECISION CONSISTED OF THE VETERAN’S SERVICE TREATMENT RECORDS,  AN APRIL 1983 DERMATOLOGIST’S LETTER, A VA AGENT ORANGE EXAMINATION REPORT, AND THE VETERAN’S LAY STATEMENTS. The VA established that it did have my service treatment records “in hand at that time”, yet my request for a copy was unanswered, and we both have the request.  Yes, I just wanted service connection at the time and any compensation due, but the fee based dermatologist withheld information concerning my lung condition or the VA altered the report or both. Nothing is beyond belief. My requests in 2012 got no medical records, and the other 15 or 20 didn’t either. In 2015 I did finally receive some treatment records from the 21 days I was hospitalized in country on Vietnam soil, yet I need someone that saw me in the hospital, ill, while the other 2 to 3 million do not. Why is that? Why is a buddy statement considered more affirmative than the Commander of the entire medical facility’s Testimony? The largest of all our overseas medical facilities!  This is the kind of stuff that makes every veteran question every word the VA prints, posts, advertises, or states in any form of media. WTH is wrong here? I have been lied to, deceived, manipulated in about every conceivable way, and run around for 50 years (for figuring purposes like the % awarded). In a few more it will be over 50, so we can round it up to 100 years, right?  If nothing else, it will show what I just said about the runaround. How can the VA refuse “any medical treatment to any veteran with a condition that’s even remotely due to parasites, toxic chemicals, or unknown causes?” Justify letting a veteran’s condition(s) to deteriorate to the point of death!!! I want an answer from Sec. Robert Wilkie, from President Donald J Trump, VP Mike Pence. I  just wanted what was right for myself and my family, but I can see that there is not now and never was any intention to do the right thing. The last five years (from March 2014) have been almost a waste, from the time DAV’s Dan Knabe and Joseph Braun trashed my claim to now.  I have been writing for years, and it’s eaten up my life, wasting it. All of this was unnecessary, but maybe fate made this happen to open the VA’s eyes. I won’t live to see this end I am sure, but I will not sell out my family. I lost my first family and the Army caused it. I had brain damage and the Army was 100% aware, but hoped I would go off and die like an old diseased dog.  Tomorrow I will send in my NOA and wait. I am done and just a lay person, not knowing what is good or what is much much better. Can you tell me? I wish I had a say so, but I never have had. This time I will. They have my phone number and I haven’t talked to anyone yet, or the VA can wait, it doesn’t matter. I am leaving some video instructions for my kids, so they aren’t lost after I pass away. victor ray PS. I sleep in sometimes because I still have sleep problems, which also started in Vietnam. I know they say I slept well in Vietnam, because we all did, like babies. I slept 20 hours a day sometimes. Thanks
    • The Agent Orange Product Liability Litigation paid out a settlement with an average of $3800 to each Veteran for the class action Agent Orange lawsuit. The time to register as part of the class action is over and they already fully disbursed the settlement money.  https://www.benefits.va.gov/compensation/claims-postservice-agent_orange-settlement-settlementFund.asp
    • Agent Orange and the presumption was recently passed as a service-connected disability. The VA is not going to back pay benefits 40 years for Agent Orange. 
    • Do you want the bad news first or the good news first? I'll give you the good news first. You have nexus letters for physical conditions and that's good, because when one doctor says you have a condition and a C&P examiner gives you an unfavorable exam the TIE must go to the veteran. That's the good news. Here's the bad news. If you don't have an in-service diagnosis for depression and anxiety, unfortunately, it will be denied as a direct-service claim. There is another way to get it granted on a SECONDARY basis. But, it's going to take some work on your part and time.You will need to service-connect your knee and lower back first.   Depending on the severity of your knee and lower back conditions, if either or those or both keep you from achieving "activities of daily life" or(ADLs) ;such as exercise, work that requires bending, squatting, etc. this can cause or aggravate depression and anxiety. To Secondary connect a condition you must meet these requirements: 1. Must have a service-connected disability 2. Current diagnosis of disability 3. Nexus of opinion stating the minimum threshold phrase "at least as likely as not" and a rational linking #1 and #2.  
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    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 

       

      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.

       

      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

       
      • 1 reply
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • Disability Calculator: Veterans Compensation Rate Calculator
      Disability Calculator: Veterans Compensation Rate Calculator

      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service connected, and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating. Continue Reading

      Use our Ratings Calculator to add your percentages
      • 0 replies
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  1. General VA Disability Compensation Benefits Claims Forums

    1. VA Disability Compensation Benefits Claims Research Forum

      VA Disability Compensation benefits discussions. Post veterans compensation claims questions or answer for others. Read and research other veterans compensation claims experiences.

      Tip:

      • Start a new topic with your question.
      • Do not post your question in someone else's post. We don't want your question to get lost.
      187,707
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    3. Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

      Appealing your Veterans Compensation Disability Claims decision usually starts with the Notice of Disagreement (NOD)

      21,597
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    4. Veterans Compensation & Pension Exams

      Compensation and Pension Exams -

      Please only posts questions regarding Compensation and Pension Exams

      17,952
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    5. E-Benefits Questions

      Please post your E-Benefits questions in this forum.

      8,315
      posts
    6. Vets.gov

      Vets.gov is a new VA site set up with the following goals:

      • Unifying and simplifying VA’s digital touch points, dramatically improving customer experience
      • Meeting customer need on the first try, on any device
      • Creating a mobile-first platform
      • Retooling existing applications and designing new end-to-end experiences, in partnership with business owners across VA
      • Providing transparency about our methods and processes
      73
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    7. 16,382
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    8. Entitlement - Veterans Compensation Benefits Claims

      Once you know you are eligible for Veterans Disability Compensation, the question then becomes are you entitled to it by law. This is where to post those questions. it's OK, if you are feeling confused this is not at all unusual it can be a very confusing system. If you were injured in service and have a question about whether you are entitled to file a claim, post it here.

      Law 38C.F.R.3.4 (a) Disability compensation. (1) Basic entitlement for a veteran exists if the veteran is disabled as the result of a personal injury or
      disease (including aggravation of a condition existing prior to service)
      while in active service if the injury or the disease was incurred or
      aggravated in line of duty.

      8,951
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    9. Eligibility - Veterans Compensation Benefit Claims

      Questions concerning eligibility for veterans compensation benefits. Eligibility - Veterans Disability Compensation,

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    10. CHAMPVA

      The Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) is a comprehensive health care program in which the VA shares the cost of covered health care services and supplies with eligible beneficiaries.

      115
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    11. 9,256
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    12. 5,819
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    13. Success Stories

      Post your successes and read others, VA success, Social Security success, leaving the house whatever it might be.

      This forum is dedicated to Carla Croft "CarlieCash" a dedicated member, moderator and admin from 2005 - 2015. She gave tirelessly to veterans here and all over the internet. Nothing she loved more than a successful adjudication. She remains in our hearts always.

      26,088
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    14. OEF/OIF Veterans

      Welcome Home Brothers and Sisters - This forum is for our returning troops from Iraq and Afghanistan.

      We will guide you as to which forums your questions will get the most eyes on it.

      We want to provide help and guidance for you, if there is something you think would be beneficial for you let us know.

      1,109
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    15. VA Caregiver Benefits for Post 9/11 Veterans

      The Program of Comprehensive Assistance for Family Caregivers offers enhanced support for Caregivers of eligible Veterans seriously injured in the line of duty on or after September 11, 2001. Enhanced services for eligible participants may include a financial stipend, access to health care insurance, mental health services and counseling, caregiver training, and respite care. 

      Who is eligible?

      Veterans eligible for this program must:

      • have sustained or aggravated a serious injury — including traumatic brain injury, psychological trauma or other mental disorder — in the line of duty, on or after September 11, 2001; and
      • be in need of personal care services to perform one or more activities of daily living and/or need supervision or protection based on symptoms or residuals of neurological impairment or injury.
      22
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    17. 2,248
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    18. Veterans Benefits State & Federal

      Post your links and information about state and federal benefits available to disabled veterans.

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    19. VA Medical Centers Navigating through it

      To assist the veteran by providing assistance in navigating through the Veterans Affairs Medical centers.

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    20. Medication – Prescription Drugs-Health Issues

      Looking for folks who are the same medication as you and what they think of it. Exercise, diet ideas. Remember we are not giving professional advice, and you should consult your doctor regarding any and all health issues you may be concerned with.

      8,298
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    21. VA Training & Fast letters, Directives, Regulations, Other Guidance Documents

      VA Training & Fast letters, Directives, Regulations, Other Guidance Documents

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    22. MEB/PEB Physical OR Medical Evaluation Forum   (10,814 visits to this link)

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    24. 43
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  2. VA Claims References

    1. Title 38 / 38 CFR   (25,146 visits to this link)

      Title 38 Pensions, Bonuses, and Veterans' Relief also called 38 CFR. CFR stands for Code of Federal Regulations.

      Everything Veterans Affairs does with your service connected disability compensation claim, is goverened by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

    2. 38 CFR 3 Adjudication   (25,868 visits to this link)

      38CFR3 is the part of the Code of Federal Regulations Title 38 that deals with the adjudication of a veterans compensation claim.

    3. 38 CFR 4 Schedule for Rating Disabilities   (42,154 visits to this link)

      This part of Title 38 of the Code of Federal Regulations list specific disabilities and what symptoms or effects equate to what percentage of disability is to be assigned.

  3. Specialized Claims

    1. 1,953
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    2. 1
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    3. 1,727
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    4. 5,569
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    5. ALS - Amyotrophic Lateral Sclerosis

      Veterans with amyotrophic lateral sclerosis (ALS) may receive badly-needed support for themselves and their families after the Department of Veterans Affairs (VA) announced today that ALS will become a presumptively compensable illness for all veterans with 90 days or more of continuously active service in the military.

      179
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    6. MST - Military Sexual Trauma

      A good site for these claims is http://www.vetwow.com

      This is a very sensitive issue, triggers abound so be careful. Remember whenever you post something on the internet it is there for everyone to see forever. So be cautious with what you share however if you have a claims question we want to help.

      1,589
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    7. Radiation Exposure from Operation Tomodachi (Japan Earthquake Fukushima Nuclear Assistant)

      Operation Tomodachi, Tomodachi Sakusen?, lit. "Operation Friend(s)") was a United States Armed Forces assistance operation to support Japan in disaster relief following the 2011 Tōhoku earthquake and tsunami. The operation took place from 12 March to 4 May 2011; involved 24,000 U.S. servicemembers, 189 aircraft, and 24 naval ships; and cost $90 million.[1]

      17
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    10. 481
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    11. DIC

      2,053
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    12. 961
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    13. 1151 Claims

      Claims under 38 U.S.C. § 1151

      Benefits for additional disability or death caused by VA medical care is government by 38 U.S.C. § 1151. Claims under § 1151 are a different species than service-connected disability claims, but they are compensated in a similar manner as service-connected disability claims. To prove a § 1151 claim, a claimant must show that the veteran’s death or his additional disability was caused by negligent VA medical care or by some unforeseeable complication of the VA medical care.

      285
      posts
  4. Veterans Helping Veterans Podcast

    1. Veterans Helping Veterans VA Claims Podcast

      Veterans Helping Veterans Podcast: Shows deal with a wide range of Veterans Affairs Claims and Benefits.

      Listen here live and archived show: http://www.blogtalkradio.com/haditcom

      1,777
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  5. Welcome Aboard

    1. 87
      posts
    2. Introduce Yourself

      Let us know a bit about yourself, if you'd like.

      8,525
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    3. Test Posting Messages Here

      Try out post and various features here.

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    4. Roll Call

      Roll Call Please Check in 1st of the month.
      Tell us how you are doing.
      DO NOT post claims questions here, please post in Veterans Affiars Claims Research

      4,668
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    5. Technical Support For Forum

      This forum has been set up for you to post your technical questions on how to work with the forum and or blog. DO NOT POST CLAIMS QUESTIONS HERE...thank you

      486
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  6. Extras

    1. Hiring an Attorney Discussions on S. 3421

      An Act
      To amend title 38, United States Code, to repeal certain limitations on attorney representation of claimants for benefits under laws administered by the Secretary of Veterans Affairs, to expand eligibility for the Survivors' and Dependents' Educational Assistance Program, to otherwise improve veterans' benefits, memorial affairs, and health-care programs, to enhance information security programs of the Department of Veterans Affairs, and for other purposes.

      980
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    2. Social Security Disability Questions

      SSDI many of our veterans have gone through the SSDI process as well as the VA Claims process, We are no experts in SSDI however perhaps we can offer some assistance.

      6,767
      posts
    3. VA Scandals

      Shreddergate and other scandals

      On the 13th of October, 2008, VA Watchdog dot Org broke the story about documents found in shredder bins at the VA's Detroit Regional Office.

      A number of those documents were critical to veterans' disability claims.

      As the story unfolded, VA finally began to release information on the incident and we learned that more than one Regional Office was involved in this shredder scandal.

      The VA's Office of Inspector General (VAOIG) is investigating.

      VA has instituted new guidelines regarding handling of documents.

      2,041
      posts
    4. Discounts for Veterans

      if you know of a store or other that gives a discount to veterans, post it here. Share the Wealth :)

      514
      posts
    5. Federal Register Announcements

      Read Only Forum

      Veterans Affairs Federal Register Announcements. The Federal Register is where they propose changes, announce meetings and ask for public comment.

      76
      posts
    6. Active Duty MEB/PEB Physical OR Medical Evaluation Forum   (30,012 visits to this link)

      Still on Active Duty? Try this forum MEB/PEB This link will take you to another forum not affiliated in way with HadIt.com. It is set up for MEB/PEB questions. Please do come back here for your VA Claims Questions

  7. Club Forums

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