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    • VA Claims Folders, the infamous C-File We can not stress enough how important it is to: View your VA Claims Folder at the Veterans Affairs regional office (find your Regional VA Office here) Call the VA at 1-800-827-1000 and request an appointment to view your C-File (VA Claims Folder).

      Ensure that all the records in your VA Claims Folder or C-File are yours.
      • 1 reply
    • VA Law
      Everything Veterans Affairs does with your service connected disability compensation claim, is governed 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.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
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    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

       

      10 years

      In brief, ratings in effect for 10 years cannot have service connection severed.

       

      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.

       

      P&T

       

      TDIU

       

       

       

      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
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  1. Today
  2. I have been dealing with this VSO nightmare since the 1990's. Not counting the time when I left the USAF because of medical (and feel if I have been advised properly, I probably would have been medically discharged...) in the 1980's.
  3. Vync, Thanks, I did get the back end report and the CD 'today', I told them the truth, I was going to civilian doc, if some doctor didn't get with me and I needed 'my' records. Then I went and talked to patient advocate, I had waited the required time, and I had options, I just needed to know what the VA was going to do, so I could decide. I have to say, most of my experience so far with the VA has been positive. I have my gastro consult moved up to tomorrow, and my skin lesson has been moved up. I still don't have a PC doc, but, I did request a staff MD, with EARS (at least part of one). I talked to local vet in one of the waiting rooms today, he just went through the acupuncture, they have it in the VAMC, that is where I am transferring, he went through 4 appts, and said, it surprised him, it appears to be doing him some good. I have had a civilian disabled plate for 9 years, for these same legs, as PN. I did go to the State Vet Affairs VSO, and I am hoping I found a good one. So, yes, the claim is being put together between the doctor visits. It looks like I have 1 IMO lined up, I will need one or two more. I have to call in those buddy letters now, that I have a better idea of what I need. Thanks
  4. Hello Mln2007, We're so glad you've joined our community Welcome Aboard, We are happy you found us! You've registered for an account on our VA Disability Community Forum. You will receive an email to validate your account, if you haven't received it please check your spam filter. You've joined a volunteer community of veterans who volunteer their time to help support the community, with research, answers or just a voice of support. Now you are one of us, read through the forum or use our search to find what you are looking for. SEARCH is located at the top above the subscription option. This is a public website. Do not post personal identifying information, such as real name, ssn, email address. If you upload documents make sure to blackout your personal information. Or just keep reading free with ads, totally up to you. HadIt.com is NOT a non-profit, subscriptions are NOT tax deductible. Before posting take some time to read this email and then spend a little time reading through the forums to see how questions are asked and answered. How to get your questions answered. All VA Claims questions should be posted on our forums. You can read without registering, but if you want to post a question or join the community you must register.. Register for a free account. Tips on posting on the forums. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. As much as I want to I can't read every post and will gravitate towards those I have more info on. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out. Leading to: Post clear questions and then give background info on them. Examples: A. I was previously denied for apnea – Should I refile a claim? I 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? This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc. Note: Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview. This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that. Home VA Disability Community VA & Veterans News Veterans Helping Veterans Podcasts HadIt.com Veteran to Veteran LLC STAY CONNECTED ‌ ‌ ‌ Popular Forums VA Disability Compensation Benefits Claims Research Forum Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC Veterans Compensation & Pension Exams Success Stories Ask a question | Search | View Latest Posts and More | All VA Disability Claims Forums Thank you for your service! "Tbird" Theresa M. Aldrich Founder HadIt.com Veteran To Veteran LLC "Leave No One Behind, Not On A Jungle Trail, Not On A Desert Trail, Not On A Paper Trail" ™ HadIt.com Veteran To Veteran Site | Community Forum | News | RallyPoint | Podcast | Twitter | FaceBook | LinkedIn | About Me
  5. We'll, this is just my opinion, I think some people (no offense, please don't take it that way) have systems that react differently to different drugs, etc., and some people's bodies handle different drugs differently. As an example, both my wife and I have arthritis. Her's is extremely painful, and mine is not, while both are detrimental to the body. I too, took all the associated drugs with early Iraq deployments, 2003. While in Ft McCoy, we were given the anthrax shots (now there is a bee sting waiting to happen), but after only 3 shots of the series of 7, they military called them to be stopped. Recently, I see where two batch numbers from two other military posts are being reported as bad, my shot record shows one of the batch numbers. But wrong post. Not sure what that means. With all that's said above, I could have complications from these shots and not even know it, because of the way my body reacts or lets me know, or dose not let me know whats going on. And so could other Veterans. And then there are Veterans that have sickness, but the VA looks a Veterans like me and says, he got the shot and nothings wrong with him!, you get my drift. And those big pills. Some got sick and would not take them, I could eat them like candy without feeling anything. They told us to stop eating them too, shortly after we got to Iraq. As soon as GWOT Veterans start tipping over in greater quantities, like the AO Veterans, there will be not justice. Its a quantity issue, read, headlines. I have a couple things in my VSR's that don't add up or are unexplained, but I will have to wait too, until 2+2=4, or 5 if you use the new math and show your work. FWIW, Hamslice
  6. I was awarded 100% temporary disability for both hips, temporary 100% ran out for both hips June 1st and reduced to 30% for each hip . I was given c&p last month for my hips. My question is since I have an appeal in about intial rating of my hips, can I be given a new rating for c& p took last month or will I have to wait until my appeal is heard?
  7. Been 4 years since I posted in Paul's topic. I still have never met or talked to my VSO, Just sayin, Hamslice Should we kill this topic off, or shall it live in infamy-like the supposed pro-Veteran relationship with the VSO?
  8. I smell a rat............. Hamslice Keep copies of everything VA......... rat bastards.........
  9. Libra office is free, and you can download it from a few top universities too https://www.libreoffice.org/download/download/
  10. I would suggest getting a VA attorney or agent INSTEAD of a VSO. VSO are over worked and have averages of 1200 to 1500 other vets they have to help while attorney/agents have a tenth of that. The known ones here at Hadit are GloverLuck (mine), Asknod, Katrina Eagle, Dr David Anaise.
  11. Yesterday
  12. Sometimes you have to crack eggs to make an omelet. I lawyered up and not paying anything upfront as Buck said. Also made steps to leave the rotten VA because this isn't new and there is even a song for it because of it born in the usa. Read the lyrics to the catchy tune. She'd get 20% of almost 20 years of retro of how the VA ruined my life. So you can read the current status here -
  13. Hollie, there is no reason to comment on the ignorance of some people. If that stylist did in fact say that, she also wouldn't get it if you called her out. The saying goes "you can't teach stupid!"
  14. I have deck logs from a water and refueling ship that gives the position of my ship during operation frequent wind. As it refueled our ship and states such. I’m wondering if anyone knows how to read the position on the deck log? It is latitude and longitude. It looks like lat 943.5 n, 107.22ne. This could be pretty important in showing the ships were within the 12 mile zone. Right now the Denver logs will not be available until after next year, but if this works out it will be just as good. Thank you
  15. Hi, I have had a H/C parking placard for the longest time. A few days ago my husband was kind enough to take me to the hair salon to have my hair trimmed. I like this salon because the H/C space is so close to the entrance. I was crestfallen when there was a van already in the space so we turned the car around to scout the lot. There was a space away from the salon so we went back up to the salon and my husband dropped me off then went to park the car. I mentioned something to the gal who always works on my hair about the van in the H/C spot and how there was not a placard or "DV" on the plates. End of story? Hell no, turns out another Stylist owned the van and parked there so HER KIDS COULD HAVE BETTER WI FI FROM THE TATTOO PARLOR that is next to the salon. Screw the handicapped (Veteran or not) appears to be that chick's mind set. Since I am a "semi-regular" at the tattoo parlor, no, just kidding, at the salon, the cops were not called. Anyway, just another day in paradise.
  16. Hello cmahar3, We're so glad you've joined our community Welcome Aboard, We are happy you found us! You've registered for an account on our VA Disability Community Forum. You will receive an email to validate your account, if you haven't received it please check your spam filter. You've joined a volunteer community of veterans who volunteer their time to help support the community, with research, answers or just a voice of support. Now you are one of us, read through the forum or use our search to find what you are looking for. SEARCH is located at the top above the subscription option. This is a public website. Do not post personal identifying information, such as real name, ssn, email address. If you upload documents make sure to blackout your personal information. Or just keep reading free with ads, totally up to you. HadIt.com is NOT a non-profit, subscriptions are NOT tax deductible. Before posting take some time to read this email and then spend a little time reading through the forums to see how questions are asked and answered. How to get your questions answered. All VA Claims questions should be posted on our forums. You can read without registering, but if you want to post a question or join the community you must register.. Register for a free account. Tips on posting on the forums. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. As much as I want to I can't read every post and will gravitate towards those I have more info on. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out. Leading to: Post clear questions and then give background info on them. Examples: A. I was previously denied for apnea – Should I refile a claim? I 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? This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc. Note: Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview. This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that. Home VA Disability Community VA & Veterans News Veterans Helping Veterans Podcasts HadIt.com Veteran to Veteran LLC STAY CONNECTED ‌ ‌ ‌ Popular Forums VA Disability Compensation Benefits Claims Research Forum Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC Veterans Compensation & Pension Exams Success Stories Ask a question | Search | View Latest Posts and More | All VA Disability Claims Forums Thank you for your service! "Tbird" Theresa M. Aldrich Founder HadIt.com Veteran To Veteran LLC "Leave No One Behind, Not On A Jungle Trail, Not On A Desert Trail, Not On A Paper Trail" ™ HadIt.com Veteran To Veteran Site | Community Forum | News | RallyPoint | Podcast | Twitter | FaceBook | LinkedIn | About Me
  17. I just mentioned to another vet the if you are in danger of losing your home or being homeless you can apply for hardship with the VA. Your case is supposed to be stepped up in the que.
  18. Congratulations. @HAR2016, it can be months to years. I have seen one case here move quickly after the wife contacted the congressman's office and told them they were going to lose their home and be homeless. If you are in dire straights try to contact your congressman and see what they can do. The VA also has a hardship application that you can fill out if you are in danger of losing your home or becoming homeless. My case took ten years.
  19. -------------- Posted in Is this a Clear and Unmistakable Error (CUE) ? Can you scan and attach here ,the denial, to include the evidence list? >>>> yes, uploaded redacted typed copy as Back Rating Decision.pdf -------------- Did the IMO doctor fully adhere to the key points in the IMO/IME criteria here at hadit? >>> Not sure what the Hadit IMO/IME criteria is but uploading his IMO as "Back IMO.pdf -------------- "FACT 4: Favorable Findings of the Rating Decision: - Private examination for Dr. IMO (Board-certified Anesthesiology and Pain Management) opined that chronic L5-S1 disc degeneration & bilateral lower extremity sciatica are more likely than not less secondary connected (due to abnormal gait caused by service connected left ankle disability)." Is this from the recent denial? or the prior denial? >>> this is from the most recent denial -------------- Also- have you googled the C & P doctor yet? They might have NO expertise at all to have even done the exam. >>> Yes, She is a pediatric emergency medical physician out of Dallas, TX ---------------------------- I am also uploading a copy of the supplemental claim I am working on. Back Supplemental Claim.pdf Back Rating Decision.pdf Back IMO.pdf Back DBQ by VA (VES).pdf Back MO by VA (VES).pdf Back Supplemental Claim.pdf
  20. I received a general discharge after over seven and a half years after the effects of a heat stroke made further service impossible for me. I was retired five years later but underwent many years be labeled a hypochondriac, malingerer and worse by the VA. Rule 1: Our government does not make mistakes, Rule 2: When the government is wrong refer to Rule 1.
  21. Interesting I keep see this topic keep rearing its head both on this site and in the general internet. I took this in the summer of 2004 prior to a deployment to Middle East. It was taken once a week. I think the effects are widespread. Not just incidental side effects among a few. I can remember the majority of my unit saying they had weird side effects after taking this stuff. The one unusual effect I remember, and many others reporting the same, was trouble figuring out when they were actually awake. Having very vivid dreams and then opening my eyes to see my room but still having the dream continue into consciousness. Very weird feeling but hard to describe and admit. Was not until others in my unit started to slowly, very slowly admit they had some weird side effects. This was all in the pre deployment weeks and the deployment took over. I did not think about it until years later. The medication was continued for a few weeks but was collected in country during deployment about 2 months later. Told their was a problem and that it was not needed anymore. Again the deployment took over. Did not think about it much. It will be interesting what comes of this. Definitely something to this. Very weird side effects at the time. I think these synthetic drugs linger in the system for a long time or possibly forever. It seems medicine takes a turn for the worse when a drug is developed and produced into a synthetic version which is more easily produced. My unprofessional opinion is that the synthetic version lingers in the body and causes side effects for a very long time instead of having a normal organic half-life of a less than 24 hours.
  22. Looks like i filed the legacy way....doh! VA said it is ready for review by the DRO. They said the average time is 167 days. I am at 193.... Ugh... Going to ride it out until December and if there is no movement then I will go the supplemental claim route appeal.
  23. Indeed it does-nothing would surprise me at all, if this med is causing major secondary effects to vets. I read somewhere that it should not be taken if a vet is also taking psychotropic meds.
  24. Yes- or course, You are right Vync-yes the ssme department should handle how a vet responds to that question and I think the vet should respond by using the CUE regulations, as to how the committed the error. I wrote to former Sec Shulkin and his liaison called me from DC and told me that he did use my suggestions and one is the fact that the decisions should be searched for CUE before they are mailed out.I didnt realize this was a question on the HRL form. Those regs and the other rreg I had changed is here somewhere. Secretary Shulkin has written a book- it isn't out yet but I pre ordered it- https://www.cnn.com/2019/10/18/politics/david-shulkin-book-veterans-affairs/index.html In part : "Former Veterans Affairs Secretary David Shulkin says in a new book he was shocked by an apparent culture of backstabbing in Washington and specifically his own department -- and that veterans are paying the price, The Washington Post reported Friday." I think people think I am nuts but I am convinced that VA has a "deep state "affecting practically every dept. in the VA.On the older vet boards , pre internet, we called it the 'old boys club' but now it is the 'old boys and girls' club- those who are determined to keep the status quo and the power they have over veterans ( and VA employees as well)- Most of the best individuals I have ever met work at or did work at the VA. Their hard work and dedication is compromised by the people employed there at every level, who could care less about vets. Being around VA myself for decades, at least 4 or 5 Secretary's did respond to letters I had sent them on various issues. Sec Wilkie did not respond but I am glad I wrote to him anyhow re: AO and HBP I feel that Travelgate thing that caused Sec Shulkin to get canned , was a set up-because he was doing a lot for vets as far as their medical care went and was in tune I feel to what the average veteran claimant goes through with the VA. https://www.cnn.com/2019/10/18/politics/david-shulkin-book-veterans-affairs/index.html "Former Veterans Affairs Secretary David Shulkin says in a new book he was shocked by an apparent culture of backstabbing in Washington and specifically his own department -- and that veterans are paying the price, The Washington Post reported Friday." and "The VA was once thought to be the only part of the federal government that was above politics," Shulkin writes in his book, titled, "It Shouldn't Be This Hard to Serve Your Country," according to the Post. But "the environment in Washington had grown so toxic, chaotic and subversive that it became impossible for me to accomplish the important work that our veterans need and deserve." https://www.cnn.com/2019/10/18/politics/david-shulkin-book-veterans-affairs/index.html I do believe it was entirely his own department ( the VA-which got worse after they became a Cabinet department years ago ,that he bases his book on. I do believe there is a deep state in VHA as well as VBA because although VA has tried t do many positive things, they seem to take two steps backward for every step forward. This Press Release I got this AM shows what I mean: "" VA announces new process for responding to Privacy Act requests 10/21/2019 10:02 AM EDT The U.S. Department of Veterans Affairs (VA) implemented a new process Oct. 1 for responding to Privacy Act requests from claimants received by the Veterans Benefits Administration (VBA) for access to their claims files." But when I clicked on that link above, the VA link does not tell us what the new process will be.
  25. After everyone's advice, i submitted it. Rather have sent it and have them already have it then not send it and they don't.
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