Jump to content
  • 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.

  • ad-free-subscription-002.png

  • Advertisemnt

  • Member Statistics

    20,776
    Total Members
    3,604
    Most Online
    Mari918021
    Newest Member
    Mari918021
    Joined
  • Forum Statistics

    69,300
    Total Topics
    452,567
    Total Posts
  • Show Your Support! More Products coming soon...

    hadit-11oz-coffee-mug-thumbnail.jpghadit-notebook-thumbnail.jpghadit-thermos-coffee-thumbnail.jpg

  • Our picks

    • 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.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      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
      • 0 replies
    • HadIt.com Branded 11oz Coffee Mug for sale
      11oz Coffee Mug with HadIt.com Logo and Motto $12
      • 0 replies
    • Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/

       
      • 0 replies
    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
      • 0 replies
    • I just received a deposit to my checking account. The description says VALG TREAS 310 TYPE: XXVA.
      I'm not sure who to ask about this deposit. I am concerned because I was not notified I would be receiving it.
      I retired from the Marines in 1997 with 10% disability. I've been receiving a separate disability payment from my regular retirement pay. This deposit is completely unexpected. thank you for any insight.

All Activity

This stream auto-updates     

  1. Past hour
  2. Yes, TDIU has protections just like all the other ratings except you are not eligbile for tdiu "if you are working" (maintaining substantial gainful employment). This is VA's "favorite thing". Getting Veterans to live in fear of reduction, so they dont apply for an increase, ever. Knowledge beats fear, so read this carefully about rating protections. Notice, there is no exclusion for tdiu, except that, if you go back to work full time, then you are no longer eligible for tdiu. READ this carefully, at least 3 times: (I have read it at least a dozen times):
  3. I totally get you on the apprehension. I’ve worked cash on barrel as a weekend DJ in a strip club, and occasional maintenance projects for an apartment building, too, but anything over about 15-20 hrs a week of something structured is too much for me. Mostly I work at the library because it’s enforced quiet and since part of it is in the morning before it opens there are hardly any people there. The structure gets me out of bed in the morning otherwise I’d spend most of the time in it. 100% p/t in general is relatively protected as far as working goes, just not for MH specifically. It’s not fair to assume that because I have issues with people or conformity that I couldn’t function in some environments though, just highly selective ones. Who’s to say I couldn’t be a horse trainer or something and make a buttload off money a year doing that? I have issues, I’m not a vegetable. My background is in IT, so at least I have that option, I suppose. Protected environment because I’d be freelancing myself and dictating what projects I took. Most people aren’t that lucky and most jobs have a very narrow view of the work environment and rules. It’s really hard to find the niche jobs that don’t aggravate or employers that don’t care about our issues or absences so long as the work gets done.
  4. I have zero confidence that I could function normally in a public work environment. Zero confidence in being able to complete a task within time constraints. For this reason, I would attempt “freelancing” from home via specialized circumstance in hopes of earning a little something for retirement fund contributions. I feel I’m getting nowhere in terms of clearing this up, very close to trying it. I suppose the worst thing that could happen is they call me in for c&p, which after I explain the situation, should result in them agreeing with me that what I’m doing is far from what would be considered “substantially gainful employment.” I hate this system so much for making things so unclear that countless vets have to worry every day about being homeless if they do something the VA doesn’t like. Just saddens me, this worry runs my life...a blessing and a curse, I suppose... My ratios are 70% for PTSD and 10%x2 for a bilateral knee condition.
  5. Yesterday
  6. Keep in mind that on paper anyway a 100% MH rating = total social and occupational impairment. What that “means” is up for debate but 100% physical disabled or combination of mental and physical doesn’t have that wording anywhere. I’ve been working part time for a few years at 100% MH PT (I have a 100%mh and about 70% physical combo) but I only make 9 an hour in a library so it’s not like I’m rolling in dough when I file taxes. I’ve never been asked to re-examine or anything but I suppose it’s possible someday. 100% veterans that work full time are usually physically impaired in some way, not 100% mh.
  7. Over the past year, I have contemplated on filing for 100% P&T for PTSD. Note that my condition has been static for almost a decade. A few months back, I reentered mental health counseling and treatment via meds to see if it made a difference; it hasn’t done so thus far. At this point, I’m wondering if it’s time to bite the bullet and file. Current rating is 80% with IU. It’s still unclear to me if IU offers any sort of protection, giving reason to not press the issue. I know it’s not the easiest thing to obtain, but I’m living in constant fear of it being stripped. Based on reading other threads, it seems that P&T status grants new protections every 5 years until you hit 20. Not sure if I’m gaining any of those protections under IU. Last time I posted, many advised that I don’t “poke the bear” so to say and just continue on with the IU. My main concern with continuing the IU solely is not being able to contribute to a retirement fund. This is where P&T status works in my favor. While I’m not confident I’d earn enough income to live, I feel I could at least earn 1-3k a year to contribute to an IRA or something similar. Going off current VA regulations, this is something I could also attempt on IU, but the difference is opening myself up to countless evaluations. As P&T, I wouldn’t have such a worry according to regs. My fear is attempting to work on IU jeopardizing all.. Hoping to gain some insight on my current situation. This is more of an update post; if you look back at my previous threads, you’ll find related content. I hope everyone is having a fantastic day, and god bless. MarineLCpl
  8. WOW- is the appeal still at your VARO, still awaiting transfer to the BVA?Are you able to scan and attach here the very last denial from the RO of the prostate cancer claim? Cover your C file #, name prior to scanning it- The deck logs are Golden, and make sure you send the VA copies of them...keep the originals. There is something that you might be able to do to get the claim awarded prior to the BVA transfer. It is called a CUE - depends on the date and circumstances of the denial. I will gladly help with the CUE if I can read their last denial and if I or others here see a potential for a faster decision than waiting for a BVA transfer. But ,then again, it seems by this- that your claim had been transferred and has been at the BVA -for some time already-??? " I received a letter from VA that was on 10% rating for tinnitus that moved me up to priority group three that also stated Determined to be a Vietnam-era herbicide-exposed Veteran which I sent into the Board of Appeals." I would therefore send the BVA (hope you have a docket number to put on your submissions, ) a copy of the deck logs and anything else you feel would award the claim. VA said you were AO exposed, and awarded the tinnitus ,but did they deny the A O prostate cancer claim in the same decision? I wonder how they determined you were exposed....and why the heck didn't they set you up for a C & P exam for the prostate cancer? The C & P exam would determine the rating. Did the letter state they "inferred" the prostate cancer claim? On the older 2010decision, did they give youa NSC rating with a percentage for the Prostate Cancer, if so that could mean an EED of 2010 as I understand this all....( Footnote One Nehmer) But something seems odd here-on VA's part...... Cripes they denied my AO IHD 2010 death claim by saying my husband had no evidence of IHD heart disease in his SMRs. I was outraged and threw a CUE at them. I made the point that most of these Vietnam Vets ( he was 1StMarDIV, First Wave, Danang 65-66, )were KIDS in Vietnam ,teenagers ,and if they had evidence of any heart disease they would not have been accepted to the Military in the first place. They awarded about 3 weeks later. I said something to a vet a few hours ago and it bears repeating here- (they made an error in his claim) that apparently it is not a job qualification to be literate ,to get employed by the RO benefits division employees. My own RO director cannot read.Neither could a DRO I had once. Did you get a 5103 waiver at some point ,from your VARO? I am baffled by the award for tinnitus ( a non AO disability) yet they confirmed your exposure to AO ??????? knowing you had an AO claim in Appeals ..........Strange........
  9. Yes, and yes. No form 9..no appeal to the BVA. Waiver of regional office consideration is optional, but, since you are apparently skipping SCL, then go ahead and sign a waiver of RO consideration "even tho" this step may not be necessary. (You dont want a remand to the VARO do you?).
  10. SameOldSong This is just throwing it against the wall but try this. What if you first try contacting your state Legislative Rep for your district; meet with him/her and explain. Ask him to contact the ARCP commanding officer,or Adjutant General, and ask them to issue the dd214 in light of the evidence you have. If that doesn't click, move it up to your Congressman or Senator. The problem with red tape is they don't have the wherwithall to do something that isn't cookie cutter. If you can convince the elected officials ,they CAN convince it is in the best interest to get it done. Before you do all of that, contact the State veterans Commissioner first. Long story short, I did and got benefits started for a veteran who never served 90 days. You get one piece and that sets up another piece.That might be a short cut. Remember, never give up. Never. If your right, keep finding a way. Good luck and keep us posted.
  11. In 2010 I came down with Prostate Cancer and had my Prostate removed. I filed for va disability and was denied due to being a blue water sailor. Since filing in 2010 I have had problems associated with my Prostate removal. I put in Supplemental claims that were denied. Right now I have an appeal before the Board of Veterans. I received a letter from VA that was on 10% rating for tinnitus that moved me up to priority group three that also stated Determined to be a Vietnam-era herbicide-exposed Veteran which I sent into the Board of Appeals. I think I found in the USS Mount Katmai deck logs on January 10 and February 13 1970 that our ship was less 12 nautical miles off coast of Vietnam. I guess now it is a waiting game with the VA. I really do not see how they can deny my claim now. WHAt is your opinion? Thanks for your help
  12. Usually the VA exasperates me on my own behalf. Today they are doing it on behalf of my Vietnam-era father. My Dad's Air National Guard unit was activated by Lyndon B. Johnson's Executive Order 11406 on April 7, 1968 at 10:15 pm activating just about all of the Army and Air National Guard units. Dad reported for duty and for the next 6 days patrolled Baltimore's city streets under martial law. On April 12, 1968, the order was released back to state control, and the Guard units were released. Now, the Army National Guard totally had it's paperwork shit together and issued DD 220 and Form 88 for every service member called up, which created DD 214's for these service members for the 6 days of active duty service. The Air National Guard did not complete their paperwork and so Dad did not get a DD 214 for that service. Fast forward 51 years later. Dad is 80 years old. He heard from other National Guard folk that if he applies for VA Health Benefits, he will qualify because of his federal call up. This is based on 38 CFR 3.12a(a)(1) which defines the minimum period of service as: 24 months of continuous active duty; or the full period for which a person is called or ordered to active duty However, when he tried to apply, they turned him back because he does not have a DD 214 with active duty service (National Guard get ACDUTRA which is "Active Duty for Training" on an NGB 22 but his flight wing didn't do their paperwork after the riots to generate a DD 214). Now, if his active duty service was listed on any paper, he'd have VA health benefits (such as they are, but prescription plans are useful). So, I went to work and contacted the National Archives and got the paltry records back on his service. I had Mom & Dad contact the Maryland National Guard at the 5th Regiment Armory, and they very helpfully gave them a copy of Dad's USAF Reserve Personnel Record Card with his points on it which clearly has his points for those Federal call up days listed with a No in the "Time Lost" column and a Title column with "10/8500" in it. Title 10. There's another entry later that year where the 15 days of training was registered as "32/503" in the Title column. Title 32. Pretty darn clear that at least the first one should have triggered a DD 214. Probably the second also since the unit spent its time cleaning up burnt out areas of the city and boarding up buildings. I also have the Order to Active Duty from the 5th Regiment Armory that activates all Army and Air National Guard for that timeframe. In that order, most administrative paperwork is waived with the exception of morning reports, the subsistence of troops, DD Form 220 and Standard Form 88. The Army did that paperwork. The Air Guard, well, it's spotty at best but most of them don't have the DD 220 or Form 88. Air National Guard also didn't issue DD 214's for anything less than 90 days of continuous service. Dad has nothing but the copy of his points card with the Title 10 designation. It's the difference between getting benefits and not. With that one call up, he was on Active Duty and not ACDUTRA. It's not VA Pension worthy, of course, but for VA Health Benefits, it's valid. On page 5 of the Summary of VA National Guard and Reserve Benefits that I've attached, it clearly says that serving the full period of active duty counts. His active duty was 6 days. It counts. Now, what paperwork will the VA accept for the determination? They'll take the NGB 22 or the NGB 23 (points determination for retirement). Dad's NGB 22 has no mention of the Title 10 stint. The NGB 23 was never created for him since he only completed 6 years of National Guard duty. In a small paragraph buried in a 253 page booklet for separating National Guard/Reservist personnel, I found a note that states: "The Air Force Reserve provides a letter on active duty service from the Air Reserve Personnel Center (ARPC) that the VA Regional Offices accept in lieu of a DD 214." I am stumped at this point how to get the Service Verification from the Air National Guard/Air Reserve Personnel Center. The ARPC keeps telling me to leave voice mail and never contacts me (big shock. people are busy). The Air Guard won't answer phones either. All I need is a letter from them and we should have what we need to get past the gatekeepers. I'm not leaving Dad on this paper trail. We're going to solve this. But if anyone has any ideas, please let me know. --SameOldSong Former US Army, Currently rated at 30% disability but they keep disbelieving the broken bone in my neck on the x-rays SummaryofVANationalGuardandReserve.pdf
  13. My letters said what exams are on each day. Day one is for migraines, Gerd and sleep apnea. Day two is for the hearing issues.
  14. Kuwaitin08 Does it say which exams will cover on each day; or did you call to find out? There are a lot of things they will be checking symptoms on for that many disabilities. Again, I would suggest to look over the dbq that applies to each disability and also see what the different symptoms lead to higher ratings so you will be a little more at ease. If it is an outside contractor rather than the VA, ask them also when/how you can get a copy of the results.Good luck.
  15. You should try to not get infected with ebenefititis. Its caused by checking ebenefits too frequently and becomes as addictive as smoking. Instead, replace ebenefitis with another habit not so bad, such as overeating, smoking, or excessive alcohol. You will feel so much better. Seriously, I dont suggest you check ebenefits/va.gov more than 3 times a week, but if you insist, try every day. A watched pot never boils.
  16. Tenya, You asked this question in someone else's post, please begin a new one. I will answer you "just this one time" but you will get more answers in a new post. You can still find an attorney to represent you, but that all depends on the details of your case. For example, what is the retro potential? Can an attorney find a way to win an EED? I suggest you take your file to an attorney (or several) and ask them.
  17. Hello Mari918021, 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
  18. I corresponded with Ed Ball, this AM Ed Ball, RMC(SW), USN, Ret., Shelby Co., OH CVSO Ret.Military Veterans Advocacy Inc., Director of Research Blue Water Navy Assoc., Board Member as to this web site: https://www.bwnvva.org/how-blue-water-navy-ships-were-exposed-to-agent-orange.html and to this statement there- about 3/4 down the page under the Deck Log samples: "iv. USS Mount Katmai AE-16 25Jul65 0800 09 56.1N 107 13.2E 56.12nm inside baseline 0915 USS Falgout DER-324 alongside stbd 1200 09 59.2N 107 36.2E 44.96nm inside baseline 2000 10 43.7N 109 10E 1.49nm inside baseline" I don't do Facebook so cannot open the deck logs he has put at that site but perhaps ,if you are a Facebook member, your deck logs might be there. He also has much info on AO there as well re: Blue Water Navy and is with the Vet group, Military Veterans Advocacy,Inc. who helped considerably to win the important Procipio AO case. That case Procipio, also how to get deck logs, also how to get a copy of your C file is all available here under a search. Ed and I briefly discussed Haas and if he or his immediate survivors file a claim, they owe him or them some Mega retro.
  19. Thank you vetquest for the reply. The frustrating part is that my DAV rep tells me everything is complete, just waiting on a 3rd signature... That's been the story for 7 weeks now
  20. Banks usually post deposits in the evening when they do their processing of accounts so your deposit only needs to be checked in the AM. The benefits letter will be updated when someone gets around to it, usually before you see your envelope. I too would be anxious if it has been six months. This is where you need to take some time away from your case and get a hobby. My hobby was fighting with the VA for many years, now I am trying to do other things as I wait for an NOD to be processed.
  21. Will back pay be deposited at anytime during the day and will the benefits letter up date at anytime or only in the morning? Should I check morning and afternoon? I'm still here waiting trying to be patient and coming up on 1 year since the VLJ hearing and 6 months since the ROs grant of P and T.
  22. Hello mdkuhn45, 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
  23. Trying to get on top of the new appeals system. When claim is initially denied, if you want your appeal to go directly to the BVA, do you still have to submit a Form 9? If you choose the route where additional information is to submitted to the BVA, do you still submit the waiver of regional office consideration form?
  24. Status update: I have received notification that I have to go for two different examinations. The first is on October 22 and the second is on November 1. These examinations will assess me for Gerd, sleep apnea, headache/migraines, and tinnitus/hyperacusis.
  25. One other question- the fact that this ship should be on the AO list, and the fact that Commander Haas,in every VA case he had, stated the ship was as close as 100 feet from Vietnam's shore, has opened a can of worms for me- not you- Good worms, however, and since the VA has never questioned his statements as to how close the ship was ( they surely had the Deck Logs),I feel you would be able to make an excellent case that you served within the 12 mile limit, to include your deck logs as proof as well as Commander Haas's statements, specifically noted in each claim he made to include Jonathan L. HAAS, Claimant-Appellee, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellant. No. 2007-7037. United States Court of Appeals, Federal Circuit. May 8, 2008. But my question is this- what AO presumptive disability (ies) do you have? And another question...did the VA in the past, ever deny you for a AO claim you made, because you did have an AO presumptive ,yet you had "no boots on ground" Vietnam? If so do you have a copy of that rating sheet and decision? That is what Footnote One is all about and why many Vietnam Vets and their survivors, like me, succeeded in getting a great EED (Earliest Effective Date) for the retroactive AO payments they made under Nehmer 2010. You will need your deck logs , prove of your current AO disability, prove of any past AO disability that was denied due to No boots on ground, and a copy of your C file, if you do not have those denials available anymore.
  1. Load more activity
  • Advertisemnt

  • search-002.png
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png


  • Advertisemnt



  • Latest News

  • Advertisemnt



  • Ads

×
×
  • Create New...

Important Information

{terms] and Guidelines