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  1. 2 points
    Welcome to Hadit! I found this online which sounds promising. It would probably require an opinion from either an endocrinologist or OBGYN doc. Apparently Harvard did a study indicating it is possible even if thyroid levels are on the low end of normal. There was no link to the article, but they actually included the researcher names in the article. https://www.webmd.com/infertility-and-reproduction/news/20171220/mild-low-thyroid-levels-may-affect-a-womans-fertility#1
  2. 2 points
    I think the answer is simple on this one. Mr. James G was just awarded 100% SC for his heart (The award letter (received Sept. 5th 2019) say's they will schedule says they will re-exam me between April & October 2020 !!!) 100% is an extreme rating for a heart. The note under §4.104 DC 7000-7011 says: Note: A rating of 100 percent shall be assigned from the date of hospital admission for initial evaluation and medical therapy for a sustained ventricular arrhythmia or for ventricular aneurysmectomy. Six months following discharge, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter. The Examiner discusses April to October-well within an acceptable re-examination period for a final rating after the temporary 100% rating is over. September 5th plus six months is... March 5th.
  3. 1 point
    Bradley v Peak made it is possible to be rated 100% and still get awarded TDIU.... Bradley v Peak held that the VA has an obligation to maximize ratings so the the veteran can receive the highest compensation possible. The Court also held that a TDIU rating based on a single disability may satisfy the statutory requirement for a total rating for entitlement to SMC at the (s) rate. It found that the phrase “a service-connected disability rated as total” contains no restriction to a total schedular rating and no exclusion of other total ratings, such as TDIU. The Court noted that restrictive language precluding a TDIU evaluation from satisfying the “total” requirement of section 1114(s) was dropped from the implementing regulation, 38 C.F.R. § 3.350(i), in 1995 following a General Counsel opinion that held that section 1114(s) did not authorize such a restriction. In considering the circumstances of the veteran’s case, the Court indicated that a TDIU rating for PTSD alone would entitle the veteran to SMC benefits. Thus, VA should have assessed whether the TDIU rating was warranted on the basis of PTSD alone before substituting a combined total rating for his TDIU rating, as a finding that the veteran’s PTSD is sufficient, on its own, to warrant a TDIU rating, would mean that the veteran is also entitled to SMC. The Court vacated and remanded the issue for the Board to consider whether the veteran is entitled to a total rating based upon PTSD alone to determine if entitlement to SMC at the (s) rate is in order. So requesting a TDIU rating when a veteran has a 100% rating is not automatically moot.
  4. 1 point
    Thanks everyone, I may punt after-all, because, I don't think its an appeal of the decision for the increase to 10%, but rather, why they didn't use the same logic they used in '18 back in '09. So, the one year thing is not that big and I can come back to this in the future. Possibly a cue, I don't know. But what I do know is I need 40% to get to 100 scheduler, or a bilat of 20 and a 10. So, with that said, a loss of 10% now, might make that harder to attain. I'm at 91 raw points currently. I have a new secondary claim (recently diagnosed and attributable) that I will be working on this winter, to busy now, and we will see where that takes me. Thanks again for the input, Hamslice
  5. 1 point
    I agree with you, so far I think the AMA is moving very quickly. Hopefully they do grant both issues. My HLR is actually going quicker than a claim I uploaded in eBenefits. It was like that when I saw that the VA moved my effective date up.
  6. 1 point
    Thanks for the response Vync. I have been in contact with the DAV for several weeks. My claim was waiting on a 3rd signature 6 weeks ago and the DAV rep had already told me I was granted P and T. It looks like all I need now is the retro and that BB envelope. After 7 years this may be coming to an end
  7. 1 point
    10 months is a lot better than two or more years. I would expect a DAV rep would attend the conference with you. I recommend that you go over your plan with the DAV rep before going in, preferably earlier the better and then again just before the video conference. I say this because I used a rep back in the 90's for my BVA traveling board appeal and they didn't do anything except sit there. After finding Hadit 10+ years ago, I learned a lot. I had an in-person DRO hearing and used a different rep. They called me about a week prior and we discussed the approach and got a lot of questions answered. On the day of the hearing, I came in very early and we went over everything to make sure it was airtight. As far as hearing loss, I assume they would accommodate you. Let the rep help bridge the gap regarding your hearing. After all, they are there to help you.
  8. 1 point
    I recently posted on here my confusion about appealing an EED to VBA or HLR. My VSO had me submit an appeal with a HLR. In case anyone is interested in how that process is going for me, here's where I'm at. Submitted HLR received August 7th HLR made decision September 19 (claim closed temporarily) VA identified an error September 19 Veterans Benefits Administration is correcting an error September 22 (New status) The HLR did make a change to one of my EED appeals (I have two that I'm claiming for a EED). HLR changed it from 1/30/2019 to 1/13/2016. Retro pay hit my account today. I'm sure I will receive some details on the decision in the mail and hopefully what the error is. I called Peggy Friday and they just said I'll get the decision in the mail and they couldn't tell me anything over the phone.
  9. 1 point
    I am bumping this up because , whether the Secretary adds HBP to the AO presumptives, or not there is still a way to get service connected for it, as the above veteran did. I have claimed my husband's HBP is due to his established AO exposure- He wanted me to leave no stone unturned,if he died due to VA health care , an although we had problems with his care in his lifetime, we had No idea what his true medical situation was....until after he died)and I have been dealing with an audit request that is being worked on ( and that could potentially alleviate further adjudication on two of my pending CUE claims). The end product of all that and this new claim would be the end of turning over the 'stones.' Also our very astute member here, jbasser, has pointed out- if you fall under the AO Nehmer regulations, and have been deemed to have "essential" HBP by the VA, possibly rated already as NSC with a % in any past VA decision, the medical term " essential" ,means no known cause, but the report the veteran used in the above BVA cause is what I am using as well-the same report Secretary Wilkie is considering for any potential new presumptives. This is directly from my claim and it might help someone else: (The 1151 part is expanded on in that specific CUE,that the audit might resolve) ---------------------------------------------------------------------------------------------------------------------------------------------- " "---Claim Exhibits C and D Claim (Exhibit C)for accrued benefits due as direct service connection of my husband’s Hypertension due to his proven exposure to Agent Orange In Vietnam and CUE claim )Exhibit D)for accrued benefits based on my husband’s 1151 Hypertension, as it regards Office of General Counsel Precedent Decision #08-97. I am providing two theories of entitlement. The September 4, 2018 CUE ( Exhibit D) rests on proper application of General Counsel Precedent Opinion # 08-97 and proper EED. Exhibit E Claim ( Exhibit C): I also claim entitlement to accrued benefits due to my husband’s proven exposure to Agent Orange in Vietnam during the Vietnam War, as causing his “essential” HBP.The VA deemed his HBP as essential because there was no known cause for it. However the National Academies Press has published the same study referred to by the BVA : “The rationale provided for the hypertension was that research from the National Institute of Health indicated there was a direct connection between Dioxine exposure and hypertension. “*** Source: https://www.va.gov/vetapp19/files5/19141330.txt *** that is how the BVA spelled Dioxine in the opinion) I include page one and page 8 of that study, as published by the NAP, the same study Secretary Wilkie is considering. Exhibit F pages The veteran in that case had an IMO/IME. The Medical opinion I have is from Dr. XXXX XXXXXX , VACO Exhibit G I also cite https://www.law.cornell.edu/cfr/text/38/3.816, regarding “Awards under the Nehmer Court Orders for disability or death caused by a condition presumptively associated with herbicide exposure.” I also cite this statement from the VA’s Web site: “If you have an illness that’s not on the list of Agent Orange‒related diseases, but you believe was caused by Agent Orange You’ll need to: You’ll need to: Provide scientific and medical evidence that the condition is related to exposure to Agent Orange, or Show that the problem started during—or got worse because of—your military service Scientific proof may include an article from a medical journal or a published research study.” Source:https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/ On March 4, 2015 the Buffalo VARO denied my September 24,2012 claim for accrued benefits due to my husband’s 1151 HBP. The “examiner’s” report to deny the claim was ridiculous.The VA failed to consider the evidence and medical opinion from my FTCA case, thatI had from Dr. XXXXXX. I immediately filed CUE on the decision. Exhibit H On April 2, 2015 the VA awarded 10% under 1151, “hypertension for accrued benefits.” They gave an erroneous Effective date . Exhibit I But also stated “We have determined that there is no additional entitlement for accrued benefits for this award as the veteran was in receipt of benefits at the 100% rate at the effective date of this award.” This defies the whole point of General Counsel Precedent Opinion # 08-97 Exhibit E above" and so forth- I also added that : "Monday, October 14th, is the 25th anniversary of my husband’s death, Rodney F. Simmons, who died due to VA health care itself,and Agent Orange conditions ,that were malpracticed on.If the VA had sought a medical cause for his HBP, in the first place-November 1988,they could have treated him properly and he might certainly still be alive." November 1988 is the proper EED for his HBP. They gave me the date of his 1151 100% P & T stroke. There is no medical evidence whatsoever that ties in his HBP to his stroke. The VA medical opinion (Exhibit G) clearly shows that his medical care up to the Nov 1988 date, HBP diagnosis, and for the next 6 years, contained "multiple" deviations from acceptable VA health care, to include his HBP It ends with this statement : " All of the deviations hastened his death." The link to the NAP report is: https://www.nap.edu/resource/25137/111318_VAO_summary_table.pdf Under Table S-1 the "epidemiologic evidence is sufficient to conclude that there is a positive association." and than states again "There is sufficient evidence of an association between exposure to the chemicals of interest and the following health outcomes: It lists some of the established AO presumptives, and includes Hypertention and also MGUS ( monoclonal gammopathy of undetermined significance.) I believe we did have a MGUS veteran here-but maybe on another site..... If any MGUS vet falls under Nehmer, they too should file a claim for MGUS as due to AO and use the study from np/edu as well.
  10. 1 point
    There is a lot more to a writ of mandamus than what is listed above. Here is a link to one Ms. Berta wrote back in 2015. By looking at this one it will give you an idea of what to write. You may also want to write an email to the Chief of Staff for the VA. Her name is Pamela Powers, I have written twice to her and had a response back the same day. One of the responses came from the Chairman of the Board for the BVA and the other one was from someone on her staff. If you write her tell her what the facts are and ask for some assistance. If you have had a claim pending 6 years for a review then I would write her.
  11. 1 point
    If you have asthma and have been service connected for twenty years I would see how the IMO comes out. I would file for the OA claim and get it service connected and then see if you can get the effective date backdated. I personally am not so sure that you can file a que on this as the VA makes the determination on the evidence that existed at the time of decision. I had this problem on the original determination of my case in 1986. When the VA re-rated me for another condition in 1996 I tried to get the original rating changed by que and I was told that the decision was made with the best evidence available at the time.
  12. 1 point
    Lance If they balk, I'm telling you, show them the dbq and ask them why they can take your money and only do a half-ass job. I'm serious. They did an incomplete job, why should you pay for that.It is basically worthless; you have to go out and pay a COMPETENT doc again because they couldn't do an exam! You don't have to be Mr. nice-guy if you don't want too. They are doing that to you because they believe they can get away with it. Do you really think that you are the first patient they did this to? Your last statement should be, if I don't get a reschedule to complete the exam, I am going to go to '''(the state commissioner???). Tell them!!! Then do it. IMO.
  13. 1 point
    The power that the medical authority that did your C&P rests in how well they document and give the caluza events in your medical opinion. A doctor that goes to bat for you is a great opportunity to get service connection. You may not get the rating that you want but it is a start in the right direction. Now a VA rater will read your SMR's and the medical writeup and decide if you in fact get benefits or service connection. Sometimes they do not read the whole record and deny and we are left wondering what the heck happened. You can usually expect them to low ball you the first time out and you will appeal. That is all for another day though. Let us know how the rater decides and we can help you from there.
  14. 1 point
  15. 1 point
    Nexus letter would help.
  16. 1 point
    Don't forget to check out your state benefits. Congratulations on your win, so far... I hope they get your EED correct.
  17. 1 point
    Not sure what happened to the first part of my posting but... I agree with Bronc; refile. You need not have more than one event connected to you disability being claimed in your medical records, or str's as they are called now. But you will need evidence from medical visits by your own docs after you got home, the earlier the better. And you should have an IMO from a specialist on making your hip secondary to your knee as well.
  18. 1 point
    Checked my disabilities and also checked my letter and they are both updated so let's pretend it's fact for now. Went from 10% panic disorder up to 50% August 27th: Filed for increase September 16: C&P exam with LHI October 4: Preparation for Decision October 6: Preparation for Approval October 7: Awarded increase to 50% for panic disorder
  19. 1 point
    Ms Tbird, you do what you need to do. There will be no complaints from any of us.
  20. 1 point
    Hi Sharon. Short answer is maybe. You have to get service-connected to an injury or illness or have it secondary to an already service connected disability. I understand about the vertigo; absolutely disabling. Do you have your c-file and all your medical reports? If not, get them. It is hard to get connected, but we don't know very much about your existing disabilities or what is in your records.Take another look at your decision letter. Does it say denied, or, does it say 0% s-c? Anything in your records about tinnitus? What was your MOS? Were you exposed to loud noises? How about tinnitus? Did you put in for a disability for that? Tinnitus could be a connection. Look up the disability codes/conditions for meneire's disease, which has as one of its symptoms, tinnitus. You may need to get an IMO from an audiologist/hearing specialist when it all settles, but you need your medical info first.
  21. 1 point
    After I had my informal conference from my higher level review, they found a duty to assist error. They requested another exam for those issues which was completed later that month. I'm still waiting on the verdict from that exam. Hope you get good results from whatever happens. Now that you received the letter, you can call the VA number and ask for a status update. They will tell you if an exam has been requested.
  22. 1 point
    Ms. Tbird and Buck A comment for each of you. Ms. Tbird. All states are different but if you didn't already, ask the social worker how can you continue to get the home aide to come to your house. Sometimes the state has contingency funds to grant, or, the hospital has someway of helping. I believe you can get some help there if you work it hard enough. Buck, as I said, things could be different at your VAMC, but I know in R.I. a veteran that is 85 (?) and at least 30% disabled , very low income, or VA pension, you can get personal transportation to and from.That includes special trans like an ambulance, if needed. I don't know how old you are (you do look young for your age!), but call the transportation group and/or the veterans' patient advocate and see what they can tell you.
  23. 1 point
    Being in voc isn’t an indication of getting better until you complete it, so that shouldn’t be an issue. they will only pay bah for the area which is an average, so you’ll probably have to reduce expectations on An apartment or get a roommate.
  24. 1 point
    A lot here does not make sense-Voc Rehab is not the same thing as the GI Bill. My husband did not have the GI Bill. He had a SC disability that fell into the Voc Rehab Criteria. Although that as many years ago, the formal APP form was revised recently- but still basically like what he filled out: https://www.vba.va.gov/pubs/forms/VBA-28-1900-ARE.pdf Is that what the Voc Rehab person had you fill out? Or Are you waiting for a SC claim to be processed? This is a very concise rendition of this program, done by Ben Krause, who is an attorney: https://www.disabledveterans.org/vocational-rehabilitation/ My husband applied in the late spring for this program, knowing it would take VA time to process his app, and etc etc, so that he was ready to enroll in Fall semester. He was outside the deadline, but as the info at the link says, he was found to have a severe employment handicap due to his PTSD. The VA liaison at the college helped him get the books, etc etc, he needed in time for the classes. This regards Voc Rehab, but maybe you mean you had the GI Bill???? "Over a month has passed. I finally let it all go, but I still can't find work, I am about to be out of money. I started selling off anything of value but it won't be enough to sustain my family much longer. Lesson learned is that if you do VR&E do not quit your job until you have books in hand prior to classes starting." I dont get that-my husband had no intention of quitting his job when he started Voc Rehab. He worked for the VA. His career plan ( part of Voc Rehab process) was to get a better job, as he had been a former Nuclear Power Plant Operator, and also had a PHVAC license. He quit the VA when he got hired by the power company here in NY. Can you scan and attach here the denial? Cover your C file # name, address prior to scanning it
  25. 1 point
    We are also sorry for you Shrek. Not a lot we can say that can possibly make things better. I don't know the circumstances but if he left behind family of his own, try your best to stay connected to them. My condolences my friend.
  26. 1 point
  27. 1 point
    The new one looks good, file away.
  28. 1 point
    There really isn't any cut rules on how to submit a claim except now you must do it with the correct forms. I have cited va regulations in some of my claims, I do this so that the reviewer knows that I know what I am talking about... to me it alerts the rater that I am not stupid and they better do their best work. I sometimes have also included many articles concerning the condition that I am claiming, I want the raters to have the facts in front of them about the condition and yes they are supposed to read and accept them as evidence even if they don't agree with the articles they have to list them as evidence. In certain cases I have also cited BVA cases to make a point, for instance the VA almost never awards a separate rating for sleep apnea if the veteran in question has already been rated for asthma, COPD or some other respiratory case. (This is because of special rules for respiratory diseases which I won't go into here) However there are some cases listed on the BVA cite that show separate ratings for asthma and sleep apnea and while the va won't admit it at the local level, asthma and , COPD have different symptoms and causes for the diseases and they do overlap, sleep apnea, symptoms and reasons for sleep apnea do not overlap with asthma or Copd or that matter any respiratory disease. Sleep apnea is classified as a sleep disorder by anyone but the VA. If course I am talking about citing cases that are similar in scope to the case you have filed. It just wouldn't do you any good to cite cases that do not appear to mirror the case you are presenting. So as you can see it depends on the case being filed and how you want to present the case. Of course your still want to show a nexus, a doctors diagnoses with a current disability and if possible and independent medical opinion , not to be confused with an independent medical examination. You want such an opinion to state it is as likely or not, or it is more likely than not that a condition is intertwined to your military service and with reasoned and acceptable medical references.
  29. 1 point
    If you wish to actually speak to someone, this being a blog/forum, it is going to be difficult. You probably have to send a message to a specific person, say an elder, and trade phone numbers with them if they wish to do so. Not having any idea what your issue is, it may not be very fruitful for you. If you wish, select an icon of the person you want to address and send them a private note. Good luck.
  30. 1 point
    now that this is posted, what exactly do you think in it will get you to a higher rating? based on just this document, none of the denied claims will succeed without further evidence of in-service causes and or treatment. The listed hearing test results show your hearing to well within what the VA considers normal hearing. Do you have in-service hearing tests that show an OSHA STS (significant threshold shift)? and a resetting of your baseline hearing? If you do, and you can refute the claims of the current test with an IME/IMO then you might have a chance of getting an SC at 0% in all frankness, and with no other medical evidence presented, any current opportunity for an increased rating would have to be developed around your Narcolepsy , Bi-Polar condition or an increase in your rated arthritis. your arthritis will most likely get worse. When it does, file for an increase and if you meet those standards, you should get one. arthritis does not go away. Where is your RA? what body system? Service connecting RA may be tough, and very tough to tie to Narcolepsy. The doctor who can do that is engaged in a very narrow field of study. Look on PubMed for studies connecting the two. you will have to do a lot of reading. Also get and use Google Scholar. Search the BVA case datebase for those two terms and read all the cases to see if any are like yours and are approved for SC as a secondary. I did a cursory search at BVA and found 61pages of results for "Rheumatoid Arthritis secondary to Narcolepsy" using the second search option on the search page. Scanning them none showed an exact match, but you need to read all of those. I also found this study https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4894018/ which may give you some clues. Essentially you are going to have to test if your RA is genetic and by having Narcolepsy as an autoimmune disorder it could trigger the RA. Your next best bet is to scour your record for injury that might trigger RA depending on the body system affected. that is up to you. If I have your name and a state I can locate you. If I can locate you I can most likely own your credit file. But you chose what is right for you.
  31. 1 point
    UPDATE: I got my money yall..Thank everyone and God is so good. if anyone needs the details of how long it took, I will gladly post. But now, I'm off to enjoying this much deserved win!!!
  32. 1 point
    Go there, go to Blue Button. Select Date range of the exam. Select Notes & Reports. Select PDF. See what that brings down. Keep trying the combinations until you get the specific files that are "mostly" what is in the download. In the alternative if you have Windows 10 it should have Print to PDF built in. Download the whole file. Search for just the C&P (in your PDF READER) find out all the page numbers your PDF Reader shows belong to the C&P. Go to File Print. Select Microsoft PDF. Print Range of Pages. save file as C&P whatever. That will give you just the pages you selected as a separate PDF file. Once you have that redact anything that looks like YOUR name and your Personal Info like SSN or Address. Including in the headers. Save that. Go to File then Properties (depending on PDF reader) and look at the properties and meta data. erase your info from there or it will transmit as embedded data ----------------------------------------- You should know that data in Blue Button is only there for a rolling 3 years. At a Minimum once a year on a consistent date you set, you should download everything. I would suggest once a month, but then I am anal retentive.
  33. 1 point
    Geeky has some insight that I didn't consider, but both of these docs are a little long in the tooth. They also love what they do, but stuff happens. You are in a good place, as I said earlier, in that you have financial options that others might not be able to. By the way, I know Dr. Bash will consider a stretched out payment plan, don't know about Dr. Anaise. Bottom line, you have been denied once by the VA. They really like to give the same answer if you submit a disability claim again for the same thing. So, be sure you have your stuff together when you submit the 2nd time around. Paying for a good IMO is a good investment.
  34. 1 point
    This begs the question, has it improved? If so be glad. If not then fight the reduction. Decrease in pay sucks but disability pay isn't always meant to be forever.
  35. 1 point
  36. 1 point
    My cell did that lol Friggiy autocorrect You have been a great reporter of fact here on this board. I see jo reason your email will be less than what you write here. Something is off with what you report the NP said and i do believe you are accurately reporting the situation. I dont get why they would notify you of a c&p but not ask. Her for an opinion. She is an NP, her credentials don't wipe out an MDs. And just because she is an NP does not mean she is certified in this area of medicine. More than anything it smells like developing to deny
  37. 1 point
    JMcB Geeky is right; "why do you care." Reality time right now, ok. Your consideration as to whether or not it is ethical to provide guidance to potential witnesses: I ask you this. Do you think the VA has treated you fairly in this disability process so far? They "dis-remembered" you had interaction with a VA doc in '93; they lost your evidence that would have proven your timeline. Have you done much reading here about how the VA has treated veterans unfairly? They already hosed you. You don't need to take a higher level of morality than necessary with the VA. win your claim anyway you can without lying. So, personally, I wouldn't give these potential witnesses a buddy letter and have them sign it, but I would provide them with as many facts that you can detail, and ask them to write their own version of how they remember it going down. Now it might be a good idea to hold back a request to one or two to see what you receive from your first responses, then ask the remaining witness to consider comments on one or two facts that the others have not addressed from the others already received, that is up to you. But go out and get what you need; other than lying, anything is pretty much fair game. At least that is how I feel.
  38. 1 point
    I wish that was the problem I had.. I literally went to 12 VAROs and 12 VAMC's dd 214 in hand. at the first 4 Service Record in hand and they all said they could not prove I was in the Navy.....DERP.
  39. 1 point
    It’s will suck you into a dark hole if you get obsessed daily multiple check ins drove me crazy until my doctor upped the prozAc I was my own enemy calling into the hotline drove my family crazy for 6 years of waiting luckily everything worked out you can’t control the time for their paperwork pushers to move your stack the ETA will come and past just look to here for help and advise...
  40. 1 point
    @Galen Rogers, I filed an NOD in February through my VSO who faxed the paperwork in. It took several months (three) for the NOD to show up. Do not get in to too much of a hurry though. Once they got it posted, it says 10 to 36 months to process. I bet you can say which is correct. I am in this for the long haul.
  41. 1 point
    No, but you can call Peggy, which is the overall catch for info. 800-827-1000. Plan to be on a while., and unfortunately, I can't vouch for accuracy or timeliness of info told to you.By the way, part of the problem is you are likely going to get these roadblocks because you used the "old" system, not the one currently in place. The folks at the VA will probably do that again and sidetrack it. Can't walk and chew gum at the same time; more than one option, and they get confused.
  42. 1 point
    Take a breath! Monday you start to turn over every rock until you find one who will help! We will find someone to help! Don't feel like you can't ask us for help as I am sure we have ways to assist you! If it were me and I made every effort possible by the end of the month I would take it to the news and give them the story of how broken the system is! Keep doing it till someone gets off their ass and does their job to keep you and your family safe! Your family has served this country and now it is time for this country to serve you! This is your moment of need!
  43. 1 point
    As for if he will get better, that is a difficult question to answer. I would say if you get him the right doctor at the VA, then he has a good shot at being able to deal with those issues. He might need to go into their treatment program depending on how bad it is. Is he rated for any % with the VA? Since he is a VET you can take him to the veteran hospital to be seen, and if he is headed down this path then it sounds like he needs some help. They will also keep track of everything that happens and will give him the help he needs. I know my Vet hospital here has a bunch of different things even to the point of putting them into treatment 24/7 at the hospital. I know some of us here have been down this road and it is a tough road to go down. The military does a very poor job of teaching you how to deal with the aftermath of trauma. They do a great job at teaching you how to bring it into the world. There is hope for him, but he may need some help which is not at home.
  44. 1 point
    @vetquest My VSO sent me a copy of my award letter. I have been granted TDIU total and permanent. In the last post you wrote about me possibly getting retirement by filing with the Board of Correction. How long did the process take for you? Do you have any pointers that could help my case?
  45. 1 point
    Yes you will find it is. The VA is not your friend, it will deny you due to sloppy record keeping or just sloppy rating actions. It looks like it is time for you to go to the BVA. When you get your SSOC please redact and post it here so people can advise you on the path most beneficial to you.
  46. 1 point
    Tbird has an excellent article here ,right at the top of the CUE forum, and there are other articles on CUE here as well- but unfortunately many here with CUE questions never read the info here first. CUE , per the BVA is a Collateral Attack on a VA decision. ROs do not want to be legally attacked.If your CUE succeeds it reflects on legal errors that well paid and well trained raters should Not make.And if you appeal a CUE denial- you better have your ducks in a row. That also goes for filing a Motion under CUE for Revision of a BVA decision. This vet waited a long time to get his 6 CUEs denied months ago at the BVA "Even when the premise of error is accepted, if it is not absolutely clear that a different result would have ensued, the error complained of cannot be ipso facto clear and unmistakable. Fugo v. Brown, 6 Vet. App. 40, 43-44 (1993) (citing Russell, 3 Vet. App. at 313). A determination of CUE must be based on the record and the law that existed at the time of the prior adjudication. Baldwin v. West, 13 Vet. App. 1 (1999); Caffrey v. Brown, 6 Vet. App. 377 (1994). A claim of CUE is a collateral attack on an otherwise final rating decision. Smith v. Brown, 35 F.3d 1516, 1527 (Fed. Cir. 1994). As such, there is a presumption of validity that attaches to a final decision, and when such a decision is collaterally attacked, the presumption becomes even stronger. Fugo, 6 Vet. App. at 44. Therefore, one who seeks to obtain retroactive benefits based on CUE has a much heavier burden than that placed on a claimant who seeks to establish prospective entitlement to VA benefits. Akins v. Derwinski, 1 Vet. App. 228, 231 (1991).” The veteran, repped by the American Legion, filed 6 separate CUE claims and they were all denied." "Collateral Attack"- that means exactly what it says - You have to have your ducks in a row and Well Armed with knowledge of what a CUE is and that can only be gained by reading the extensve info here at hadit. Also we cannot opine about whether you have had a CUE in the past without- in most cases, seeing their (VA's) actual decision being cued. I learned as much about these "collateral attacks" from reading BVA denials of CUE as I have learned from their awards of CUE. We can tell when someone here has not read the info available here for many types of claims AO, DIC, Accrued, Nehmer, CUE, etc etc. This info has already taken us time to prepare and post. We cannot read it for you. CUEs have grown in numbers- many at the BVA these days, and some of them succeed.Because the veteran or their lawyer or survivor took the time to understand what is and isn't a Valid CUE.
  47. 1 point
    Thanks to NavyWife and Fat for their kind words. It's nice to hear of it. I guess I should feel fortunate and not guilty. And I will most certainly make some donations with the money to charity. I wish everyone the best luck with their claims and I hope I did not come across as an ingrate.
  48. 1 point
    Please do not feel guilty!! The disabilities listed in the VA rating schedules are all valid disabilities. Your claim had the proper evidence and doctors statements needed to prove your disability. If it makes you feel better, donate some retro to a good cause!
  49. 1 point
    I am always baffled when I read these types of post. My reply will always be the same. DO NOT SUBMIT THE CLAIM IF YOU FEEL GUILTY ABOUT IT. I CAN GUARENTEE YOU THE VA CAN CAN CARE LESS ABOUT PAYING YOU FOR ANY OR YOUR SERVICE CONNECTION INJURIES/DISEASES!!!! Every barrel of apples will always have a good bad ones in them. The good will alway out weigh the bad....you have service men/women such as myself would give their ALL to be 100% healthy as appose to being any form of disabled less along 100%!!!!!!
  50. 0 points
    Thanks Geeky I am not one looking for attention. I also know it won't do me any good if I am not correct on the facts, otherwise I can get the great advice I get from folks like you, Buck, GB, Bronco, vetquest, sherk, to name just some. This site has helped me with my claims by reading others issues and what they will do to correct them. I am thinking the same, I hope I am wrong. It looks like I will have to pay to have an IMO written, I hate spending money when we should not have too. For me I will never understand when VA folks will say things like "you should apply for anything else when you hit 100%" or "it will be denied but the BVA will probably approve it". For me if it is not helpful or does not encourage then keep it to yourself. I get frustrated enough with my issues without adding stress in my life. I hope so too GB...I hope I am crying wolf before there is an issues.
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