DONT DO DRO IF VSO ASKS

[paulcolrain]

SO MIAN POINT WAS ,,, DO NOT DO A DRO REVIEW IF YOUR SERVICE VET REP SAYS GO FOR APPEAL.  THIS IS REAL BIG.... THIS MEANS IM SAYING TO ALL VETS TO SKATE  OUT OF THE DRO REVIEW ... NOW,,, IF SOMEONE TOLD YOU THAT YOU CAN WIN WITH THE DRO THEN OK BUT,,,, YOU ARE ONLY SMART TO TO SIGN THE I9 PUSHING IT TO BOARD OF VETERANS APPEALS., REASON IS,,,, ONCE YOU DO THAT THE RO WILL SAY OH xxxx,,,, THEN THEY WILL PUSH FOR ALL OF TYPES OF HEARINGS BUT AT SAME TIME KEEP YOUR PLACE ON DOCKET. SO,, SAY F-U TO DRO REVIEW THEN FILE YOUR FORM 9 AND LET THE RO DEAL WITH YOU AS YOU ASK FOR A PRINT OUT OF YOUR SUBSTANTIATED APPEAL. THIS WORKS FOLKS.. THATS WHY IM SAYING IT... THE ABSOLUTE MAIN POINT FOR BEGINERS IS THAT YOU REALLY WANT YOUR DOCKET NUMBER NOT YOUR DRO REVIEW. IM JUST TRYING TO HELP.!

[Berta]

 Your posts are all over different topics here and I noticed you do have a scanner.

I might be able to help with the AO disabilities. maybe: I dont have time to read all of those threads....

I assume you are an incountry Vietnam vet.

I assume by these posts that you have AO IHD and also Amyloidosis-both are presumptive to AO.

I know of the skin problem but only know of one Chloracne vet ( James Cripps member here) 

"My allergy to chloroquine only happened some of the time, but it does cause occlusions, and I am 100% blocked in the left carotid artery, and my calcium score is 1000 or more, with IHD, atherosclerosis, to name just a few. " and you mentioned you had AL

http://community.hadit.com/topic/66865-10-dav/?page=5

"They document the skin eruptions, the papular rashes around the eyes(chloracne), the swollen arms, legs, ankles, ears, hands(amyloidosis, renal failure), the Liver Disfunction, the welps and wheals, nausea and abdomen cramps that were paralyzing even after discharge and to this day, hearing loss a"

http://community.hadit.com/topic/66865-10-dav/?page=8

For both the claims involving IHD and the Al ( amyloidosis)  can you scan and attach their denial here ? (Cover C file # name, address,)

 and I suggest contacting Matt Hill...member at hadit and this is his firm link and what thy say about the AO AL

https://www.hillandponton.com/al-amyloidosis-agent-orange/

"The VA apparently recognizes how debilitating AL amyloidosis can be because it has assigned an automatic 100% evaluation for this condition under the VA rating schedule (#7717). This is a significant benefit to veterans with AL amyloidosis because, once assigned, it cannot be reduced to a lower rating."

From Hill and Ponton.

And

http://www.publichealth.va.gov/exposures/agentorange/conditions/index.asp- AO presumptive list.

A pop up will pop up or down when you link on the link and they can assess your claim that way.

They too would want to know why the denials?

Chloracne does not pay $$$$$ worth while a big battle, inj your case with those other 2 AO presumptives you have.

All incountry Vietnam vets are assumed as exposed to AO so the IHD (with carotoid occlusion)and the AL

Amyloidosis (100% if SC) would be the 2 best ways to go......

 

Edited January 30, 2017 by Berta

[Victor Ray]

Berta.

Maybe I can clear some of this up. The VA denied every claim and all service connection and treatment until about 20 months ago when I got 30% PTSD and 10% IHD, I ask for reconsideration and got increased to 30 + 30 or 50% with unemployability denied. I ask for another reconsideration, caught DAV in several lies, revoked their POA, so the VA denied my reconsideration at DAVs insistance and immediately i was denied any increase and unemployability. I just this January 20, 2017 got to 70%, 50PTSD, and 30% for IHD with U.I. still denied. I had a pretty bad stroke 7 years ago, and have been disabled since then. I had another stroke last July and I believe these are directly connected to me exposure in Vietnam. I was hospitalized 21 days in Vietnam,  issued a permanent profile on DA3349 for Permanent defects in my "Physical capacity and Stamina, and permanently nondeployable on a world wide scale, then Medevacd to Japan for more tests for the cause of my skin disease. They could not figure it out, had no clue how to treat it, so I was airlifted to the Naval Hospital in Chicago. After several more days in the infectious disease ward, I appeared well enough to be released, so I was sent "Home Awaiting Orders". They sent me 800 miles to a MEB or IDES, I don't know which, but I thought I was going to be medically discharged by things that were said in the other countries. I was not told what the Medical Board was for, why it was held, or when, until I was being driven to it. I was told they could kick me out of the Army's Military Service, so I agreed to stay on duty, even though I was still ill. I continued to deteriorate with the itching skin, swelling skin and limb areas, acne got worse, unexplained fevers, soaking night sweats, chest pains, urinating blood, migraine headaches, pain behind the eyes, ears aches, swallowing problems, sinusitis, pharyngitis, severe abdominal cramping, ringing in the ears, fatigue, irritability, insomnia, urinating blood, continuing bone and back pain, undetermined respiratory infections with hospitalization, shortness of breath, painful and sensitive prostate, and 2 months after my discharge I had extreme fever, convulsions, and COMA for almost a week. I never recovered, but got help locally because the nearest facility was way too far. After suffering enough and learning some of what Agent orange does, I knew I was a victim and filed a claim on April 4, 1983. On January 11, 1983 a blanket denial of all agent orange claims was issued, so I was denied before the local VARO even received my treatment records. The VFW requested them for me, but we never received a thing, not even a turned down request, and it's only been in the last 10 months that I got some treatment records. The VA has lied to me a hundred times or more, and manipulated my documents. I was well over 30% disabled all my life, but I got by without the VA spending one cent treating the atherosclerosis or any other issues. I have too many issues to list, because of the AO, but it's like the VA and I I was ever ill in any way. It says I never complained but I was hospitalized several times and for a month on one of those occasions. Why would they say I didn't complain when they treated me in half of May and half of April 1971 in Vietnam four conditions that could not explain? I hope this clears a few things up. I am now receiving some disability but they continued to lie why I am not 100% and why I wasn't 100% in June 1971, they are lying about the real reason I was evacuated out of Vietnam, and everything about my case has been a scam. One thing after another, lie after lie. I think I was part of an experiment, but no matter what it was, it happened in the service, in a combat zone, IN The Ilne of Duty, through no fault of my own, and to this day the cause is unknown and unspecified. The residual damage wasn't known about in 1971, SUPPOSEDLY. What do you need to see exactly Berta? I will try to post it, and thank you.

Victor

[Berta]

If the stroke is "ischemic":,than that is as likely as not due to the IHD ( and/or the low HBP rating), but VA doesn't care what I think. A strong IMO/IME would be able to SC the stroke as secondary to the SC IHD..

Atherosclerotic and/or diabetic heart disease causes ischemati brain strokes.

I was very concerned about the Amyloidosis. Have you claimed that?

"What do you need to see exactly Berta? "

Just their reason and Basis and Evidence list for the TDIU denial....for now...

Thanks for making this clear for me.  You are a Vietnam vet so you know Battles are most often won  by  yards and not by acres 

(believe me I too have had many battles with them and agree they can be liars)

so the Reasons for the TDIU denial will help a lot  

 

" On January 11, 1983 a blanket denial of all agent orange claims was issued, so I was denied before the local VARO even received my treatment records." Yes that happened to other vets as well because the Nehmer AO presumptives did not start until Sept 1985.And there were onl;y 2 presumptives on the list then.

I hope you are not diagnosed with diabetes mellitus but figured I better ask that too.You claim is a little like what I am fighting over now.

Nehmer should have kicked in here for the best retro EED.

"The VA denied every claim and all service connection and treatment until about 20 months ago when I got 30% PTSD and 10% IHD, I ask for reconsideration and got increased to 30 + 30 or 50% with unemployability denied. I ask for another reconsideration, caught DAV in several lies, revoked their POA, so the VA denied my reconsideration at DAVs insistance and immediately i was denied any increase and unemployability. I just this January 20, 2017 got to 70%, 50PTSD, and 30% for IHD with U.I. still denied. I had a pretty bad stroke 7 years ago, and have been disabled " etc etc 

When we see the TDIU denial ,and figure that out,  then  we can start with the Nehmer issues,if in fact they gave you the wrong EED for the IHD.

You did Very well so far in spite of the DAV...this is something to always keep in mind Victor.....that...the successes we do manage to get, mean we did do something right, with those claims, and we aren't nuts...and many, like me, were discouraged by vets reps and lawyers, until I decided to say Piss on them,I will do it all by myself.

VA wants us to get so angry and confused that we wont be able to fight back.

Thanks for narrowing this down for now  to the TDIU denial , that will definitely help us be able to help you.

 

 

 

[Victor Ray]

MikeHunt.

I Thought I replied, but anyway you are correct. They acknowledged IHD and PTSD, but they blatantly lie. Why not. They answer to no one, disobey any regulations or laws they don't like, and do what they please. Who is going to stop them? I am going to see what happens in the next 49 days, or 48. Then it will go one way or another.  Thanks for knowing the VA, and the way they operate. I will say one thing for them. To write down what they know to be 100% pure bull takes some gutsy rating officers, and for the VA to back them takes some really corrupt officials. 

[Buck52]

 Source  :  Berry Law Firm  

Here is some  more information on the Nehmer Rule/Nehmer court Order

Compensation to Vietnam Vets Under the Nehmer Court Order

In 1991, a class-action lawsuit on behalf of Vietnam War veterans (known as the Nehmer Court Order) established protocols and retroactive benefits for disability compensation claims arising from exposure to Agent Orange. The Nehmer case provides presumptive benefits for medical conditions known to be caused by Agent Orange so long as a service connection is established. The VA is required to review claims previously denied for Agent Orange diseases and make payments retroactive to the original claim date.

The Nehmer case was brought back to court several times by the National Veterans Legal Services Program (NVLSP), as the VA was continually caught misadjudicating these Agent Orange claims. In 2005, it was declared that the 1991 Order applies to claims for any disease possibly connected to Agent Orange exposure.

Although the Nehmer Court Orders are favorable to Vietnam veterans and their survivors, VA disability rules are complex and these claims are not automatic. The Berry Law Firm advocates aggressively and tirelessly for military veterans who served in Vietnam and family members of deceased vets who could be entitled to survivor claims.

We can determine if your condition qualifies for retroactive benefits under the Nehmer rules. Call us at 1-888-883-2483 or contact us online. We handle VA disability claims and appeals throughout the United States.

Edited January 31, 2017 by Buck52

[Buck52]

Victor Ray

It's totally up to you who and what you want to do  to help you with your claim   that;s certainly your choice my advice is just from my past experience with veterans claims  mine and there's & is only my sole opinion.

When a veteran has the probative evidence  which is usually medical records to be a positive or favorable outcome to substantiate his/her claim and VA fails  you your due process by ignoring your evidence or just not reading it .or don't comply with there own Law & Regs  it's time for that veteran to do what it takes to  see to it that he is fairly treated and gets his benefits he solely deserves.

How that veteran works his claim is certainly his business  and that's one of my reasons I mention  emailing your Congressman /or Undersecretary of VA ,they do and can put a bug in the R.O.  Ear  and that my friend will shake the tree and things will start to happen  with your claim.

Although some will disagree and that's fine  to me in my humble opinion what ever it takes to win,  a veteran has to do it.

No one can tell you what they will do or rate you but we can get fairly close to what you deserve in regards to your well  earned benefits.

Read up on the Laws and CFR's....and use there own words against them to help your claim!!!

Here is an Interesting Read   please read this.    : click on the link below

http://www.reviewjournal.com/news/las-vegas/veterans-say-legitimate-claims-routinely-denied-or-ignored

jmo