Jump to content

Leaderboard

Popular Content

Showing content with the highest reputation since 09/27/2021 in all areas

  1. I finally won my claim at the BVA for GERD. Took me 4 tries to finally get off the hamster wheel. Well, not exactly; I got low-balled, so I have to do another supplemental claim. But I finally got the service connection. As we preach all the time here, I'm posting not to gloat or anything. I just want to remind veterans to share your success stories AND, if you can, make a contribution when you win so this great veteran resource can continue. Make no mistake, I couldn't have had the success I had without all the great info and support here at Hadit.
    3 points
  2. OK, IMHO (IN MY HUMBLE OPINION) this regulation was put in the 38 CFR part 4 for a reason and veterans have to play the VA game. We not only have to play the VA games, but we have to do it in a way that they are right until they realized that they are wrong. All veterans are liars, all veterans are trying to get free money. The real truth is that I believe that most veterans would give up their benefits if they could go back to work and provide for their families. Who in their right mind was thinking about disability while they were in the military? Most if not all of us didn't even know about VA disability compensation pay.
    3 points
  3. Absolutely! If you have it, apply for it. MOS duty is here https://usafals-afe.net/wp-content/uploads/2020/07/Duty-MOS-Noise-Exposure-Listing.pdf You must include a statement in support of the claim to win. (form21-4138 or 21-10210) You talk to what your symptoms are currently, when did it start Usually in service- or closely after, how it affects you socially . Explain how you were exposed; be descriptive of what happened. Example we used to go out with freinds a lot, but I don't like to do that anymore. I can't hear because of the buzzing noise.especially in a crowded area. I don't want't to ask people to repeat.," It affects you socially and at work, right. I would suggest you might comment that you never saw a hearing doc or audiologist because you just learned to live with it. and don't know it could be a disability. If you have a hearing issue also, put in for it. The VA often will grant for hearing, even a 0% separate if they grant for tinnitus.
    3 points
  4. Entered Active Duty (EOD) Released from Active Duty (RAD) Conditions rptd within a year of release of active duty generally don't need opinions for service connection. It doesn't mean that they are automatically SC, but it does mean that the determination of SC or not is made off the findings of the examiner on the DBQ, along with your service records, your Enlistment physical vs your Discharge physical, stuff like that. After 1 yr (or, to really muddy it up if you filed an intent to file within 1 yr of RAD you get until 1 yr from THAT where a medical opinion isn't requested by VA) the doctor has to write an opinion with rationale based on your STRs, anything from VAMC, your ENL and DISCH physicals, private records that we have as evidence to submit with your exam request, and send that back to us along with the regular DBQ (disability benefits questionnaire). ***EDIT*** Private medical records have to be sent to us, or you have to give us release to request them (and some providers still ignore us, meaning if you want those records as evidence you have to get them anyway. VA also does not pay providers for records- some charge). If we don't know that you get treatment from somewhere, we don't know. A 21-4142/4142a release form is good for 1 yr from when you send it. After that, even if you are still getting treatment from a particular private provider we can't just request more records because we did so "that one time.....". We have to have a new release. Also, 21-4142/4142a were updated recently and the new form date at the bottom says "JULY 2021 ". The forms immediately prior to a form update are good for 1 yr after its updated (the month/yr at the bottom), i.e. your VSO that just scans the same old sheet and emails it to you may or may not be the updated form. Same with whatever you download off the internet from "whereever". Not all those various private sites update their forms, or their information about conditions, contentions, legal stuff, VA regulations changes, etc. Basically, kids, what I'm saying is that if you need a form for something- claims, appeals, support of claims, records release, whatever- get it off the VA website (or do a google for the form name or number and it will usually take you there, too) otherwise you and/or your POA run the risk of us sending a form back to you saying "its the wrong form version, the updated form is attached, please complete and return..." . Example: https://www.veteransdisabilityinfo.com/files/va-form-21-4142.pdf Still using the form from 2012. https://formswift.com/free-write/edit.php?documentType=va-form-21-4142-6-2014&ses=75e13d123a06a126751791e8e839db8b&key=197787961 Still using form from 2014.
    2 points
  5. No, because I’m not a clinician or a contractor. Generally a statement would be on an exam within 1yr RAD- SC opinions aren’t needed for general medical exams, though a Gulf War opinion is requested for MUCMI issues on Gulf War gen meds. They are their own thing and look for specific things. Outside 1yr any claimed contention needs an SC opinion, unless it’s for an increase. The opinion is a separate DBQ with rationale and answers to specific questions regarding the condition and whether it’sSC or not. The clinical dbq is just measurements and findings.
    2 points
  6. The site he’s pointing at is not for private providers, it is (or was) for training c&p clinicians) the course links he’s pointing at are from 2015. (EVERONE) VA doesn’t go around sanitizing the internet of things except it’s own sites. Just because something is found out there about VA rules or exams is not ‘official’ or up to date information unless it’s in our site. Including NVSLP, Hill and Pontin, CCK, etc. and especially not links on any hired guns sites that promise to do medical exams or help you for a few. I know that this site is not using current training because I went through some of the Gulf War training set on this site this morning, and parts of it are based in FLASH, which has not been supported in current browsers to varying degrees for a few years, and was completely discontinued on 31DEC2020. I’ll look at the rest and try to post later. Time for work , and it’s been a bit stressful lately.
    2 points
  7. Here is the deal. In order to determine etiology (whether your condition is related to service), the doc renders an opinion. He was not there, so he can not establish a fact, but he can make an educated guess as to the likeliness of whether or not your condition is related to military service. This is called a nexus. There are actually 3: 1. Independent Medical exam. This is the doc recording the facts of what he sees. Your temperature, your blood pressure, lab results such as cholesterol levels, are not opinions, they are facts measured by a doctor. 2. Independent medical opinion. An IMO need not examine the patient. Instead, he reads the other doctors medical exams (the patients history), listens to the patient, and renders an opinion. You see the patient IS competent to tell the doc things like: (example) "Yea, I fell out of a tree and broke my arm in service". So, if the doc sees an xray of your arm, with a fracture consistent with falling out of a tree (x) years ago, he can render his opinion that its at least as likely as not your (event in service) fall out of a tree, caused your fracture which led to your current diagnosis of arthritis. The doctor makes a "statement" in your medical records that he thinks its likely your tree fall caused your arthritis. His statement is an opinion, but its based on other doctors statements and diagnosis. A previous doctor, such as a military doc, makes a statment such as: "I viewed the Xray, and it shows a fracture of the right posterior humerous about 1 cm from the elbow. " 3. Independent medical evaluation. This is a combination of the two above. The doctor examines you, does tests he feel are appropriate such as blood pressure, cholesterol, etc. He then reads your history. He also speaks to you, establishes your age, medical history etc. For example, he may ask you if you have asthma. (Some things are not included in medical records, so they simply ask you). The doctor will likely ask you other questions, such as do you have a history of alcohol or substance abuse. Based on your medical history, doctors statements, your statements, what he observed on your medical tests as well as previous medical tests, and his vast medical experience, he makes an evalution of what he thinks is your medical history, and often makes a prediction of the outcome, such as you are likely to have arthritis in your arm due to the previous fracture. All 3 of these, above have medical statements. I will explain it this way. A medical statement is like a motor. You cant drive the motor, but your car is rather useless without one. The motor is one part of many to your complete car.
    2 points
  8. <<<I recently file for basic regular aid and attendance 3.352(a) but was denied for a higher level of aid and attendance under 3.352(b). >>> Let's analyze this, Mr. Brinson. There are two different levels of Aid and Attendance as you note. Regular A&A is awarded under the aegis of §3.350(b)(3) and the criteria for qualifying is described in §3.352(a). Actually there are three "types" of A&A. VA considers SMC S to be an inferior version of A&A which it is not. It's Housebound. From the above and the prior thread, it sounds like you feel you should be awarded R 2 automatically without climbing the SMC ladder to get there. §3.352(b) describes the criteria for entitlement to the higher level of A&A known as SMC R 2 which is described in §3.350(h). First, let's clear the air on A&A at any level as it applies to your case. You have a rating for LOU (loss of use) of your lower extremities which entitles you to one SMC L under §3.350(b)(1). A careful reading of §3.350(e)(1)(ii) describes the requirements to first attain SMC at the O rate. It informs us that we need two (2) awards of SMC at the rates between L and N or a single rating of SMC N 1/2 plus a K rating to reach SMC O. You have one rating of SMC L and seek a second SMC rating of L for A&A. As §3.350(e)(1)(ii) states in no uncertain terms, a second award of a rating between L and N must be independently ratable apart from your current award of LOU of your lower extremities. In simple terms, it means you are forbidden from claiming a need for A&A due to your loss of use of your legs. That would be pyramiding. You can claim, and I would, that your 100% rating for incontinence is separate and distinguishable from your loss of use of your lower extremities. By operation of law, VA cannot combine your incontinence with a LOU of anything unless it involves paraplegia under §3.350(e)(2). We discussed this in a prior thread on this subject several weeks ago. You indicated then that your incontinence was not a result of the LOU of your extremities. The catch on obtaining entitlement to the "higher level of A&A" (R 2) as described in §3.352(b) is simple. As I described in §3.350(h) above, you need to have two ratings between SMCs L and N to get to SMC O. Having a rating of SMC N 1/2 plus K will not get you to R 1-just to SMC O. Once you obtain what VA refers to as the "maximum rate" of SMC O, if one of your two SMCs between L and N includes A&A at the regular A&A rate (§3.350(b)3)), then and only then are you "promoted" to R 1. You cannot get there any other way. You cannot simply say you need the higher level of A&A under R 2 or that the sum of your disabilities argues in your favor. Once you reach SMC O, entitlement to the higher rates begins. There is no way to "jump" from SMC L to R 1 or R 2. To attain R 1, you will need two things essentially. The first is that you have been awarded the SMC O rate. You have not been awarded SMC O yet. Test #2 is that you need one of your two SMC rates that get you to SMC O between L and N to be the regular A&A awarded under §3.350(b)3) and §3.352(a). You do not have this yet either. If you had these two SMC rates, this would only entitle you to R 1. At that point, you would need to qualify further for R 2. In order to move up from R 1 to the "higher level of A&A" or R 2, you would need to fulfill all these requirements in §3.352(b)(3): (3) Need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. Personal health-care services include (but are not limited to) such services as physical therapy, administration of injections, placement of indwelling catheters, and the changing of sterile dressings, or like functions which require professional health-care training or the regular supervision of a trained health-care professional to perform. A licensed health-care professional includes (but is not limited to) a doctor of medicine or osteopathy, a registered nurse, a licensed practical nurse, or a physical therapist licensed to practice by a State or political subdivision thereof. (4) The term “under the regular supervision of a licensed health-care professional”, as used in paragraph (b)(3) of this section, means that an unlicensed person performing personal health-care services is following a regimen of personal health-care services prescribed by a health-care professional, and that the health-care professional consults with the unlicensed person providing the health-care services at least once each month to monitor the prescribed regimen. The consultation need not be in person; a telephone call will suffice. (5) A person performing personal health-care services who is a relative or other member of the veteran's household is not exempted from the requirement that he or she be a licensed health-care professional or be providing such care under the regular supervision of a licensed health-care professional. (6) The provisions of paragraph (b) of this section are to be strictly construed. The higher level aid-and-attendance allowance is to be granted only when the veteran's need is clearly established and the amount of services required by the veteran on a daily basis is substantial. (c) Attendance by relative. The performance of the necessary aid and attendance service by a relative of the beneficiary or other member of his or her household will not prevent the granting of the additional allowance. Where many Vets run afoul of R 2's provisions is overlooking §3.352(b)(1)(iii): (iii) The veteran needs a “higher level of care” (as defined in paragraph (b)(3) of this section) than is required to establish entitlement to the regular aid and attendance allowance, and in the absence of the provision of such higher level of care the veteran would require hospitalization, nursing home care, or other residential institutional care. I win the vast majority of my clients' R 2 claims by showing some things that most would overlook. Note the discussion in §3.352(b) about what constitutes the meaning of "personal health-care services". I frequently rely on the physical therapy codicil. If my client doesn't employ a personal health care service for the client's physical therapy, I have them hire one. As long as they are under the supervision of a doctor or the equivalent, it meets the R 2 requirement. One spouse met this by taking her husband to the local community pool in her neighborhood several times a week and swimming with him to increase his muscle tone. Because she began doing this in 2015, The BVA Judge awarded the R 2 back to 2015. If you begin the physical therapy route tomorrow morning, that will be the effective date of R 2 absent any other considerations. So, in summary, Mr. Brinson, you could prove A&A is in order due to your inability to attend to the wants of nature to qualify. Just being able to to get to the water closet doesn't mean you can transfer without the A&A of another. Remember always, you do not need to meet each and every requirement listed in §3.352(a). One deficiency in the activities of everyday living will do. If you have a nasty case of PTSD or TBI, you can also cite to that saying you need to be protected from hazards or dangers incident to your daily environment. What if there was a fire? Would you be able to escape without the help of another? You cannot use the argument that if you fall out of a wheelchair that you would not be able to regain your seat without the help of another. That is considered part of the loss of use and would be pyramiding. To most easily grasp the idea of what I'm attempting to impart, try reading Breniser v. Shinseki. Breniser explains "condition" as used in §3.350(b). There are essentially 4 conditions which will get you to R 1 or R 2. I also use the two A&As technique wherever applicable. It will require the baseline requirement of the disability in question (incontinence) being rated at the full schedular rate of 100%. You meet that requirement so the next question is probably "Why did they deny my SMC L for A&A"? Simple. It would lead to O and R 1 and they are not inclined to grant that without a pitched battle. You can win this yourself but it will require going to the BVA on appeal because no one at your Local Fort Fumble wants that on their resume. And secondly, no one at the local level probably even has the intelligence to even know you can do it legally. Best of luck.
    2 points
  9. IMHO (IN MY HUMBLE OPINION), you can’t trust this metrics. It does not line up with VA.gov, my days of waiting for a decision is well over this time period. Then again the VA.gov is also unreliable so who really knows.
    2 points
  10. A friend of mine told me, regarding the FAA, that "The FAA is not happy until you are not happy". The VA is the same way, they are not happy unless we are miserable. Why do they deny us? To make us miserable and to wait from 18 months to 10 plus years in appeals, hoping we die or give up before our appeals are done. If you fail to appeal, give up, or quit, the VA wins. Dont let em win. You need to appeal if you think you meet the criteria. File a NOD, I recommend BVA, not HLR or SCL.
    2 points
  11. This is about a $185 dollar increase, per month, for single 100 percent Vets with no dependents.
    2 points
  12. <<<<If there is a clear and unmistakable error (CUE), do not state so in this round, but instead detail the error step by step referencing M21/CFR/USC so that there is no question about what you state is true. CUE can only be claimed once, so instead of doing it up front, leave it for appeals. >>>>>>> Please be careful when handing out advice. Whoever said that clear and unmistakable error can only be claimed once is incorrect. §3.105 and its corollary in §20.1400-14.03 (and the federal courts) do not explicitly forbid filing a CUE more than once-as long as it is based on a different factual basis for the allegation of the alleged error. Please remember that each of you who offers advice is a Hadit "ambassador" and your advice can either help or harm a Veteran's claim. I'm sure everyone has a "pet" theory about how they would accomplish any given denial but in 30 years, I've discovered one truth-every claim is distinguishable and has unique fact patterns unlike any other Veteran's. Based on that, each claim has to be treated as one that has never been encountered. There simply is no such thing as a template for a VA claim. Trying to do it long distance looking through a pair of binoculars without the claims file in front of you is a fool's errand.
    2 points
  13. @pacmanx1I agree. I chose the hearing option. The VA had numerous chances to read the evidence and apply the law properly. After repeated errors, I wanted to interactively discuss the issue instead of trusting them screw it up again. @pwrslmThank you very much for that link! It says 444 days for hearings. I went to https://www.timeanddate.com/date/dateadd.html and added 444 days to the date my BVA appeal was received and it looks like April 2022 or so for me.
    2 points
  14. " Most if not all of us didn't even know about VA disability compensation pay. " Ditto. I went 36 years before someone pointed me in the right direction because of spine problems. Once I found out that the VA would give me medical care because I was living in poverty, I signed up and finally tied my injury together with VA benefits. 36 years can make back problems a lot worse than if they were dealt with much younger, so the cascade of breakdown in my spine put me at 100% scheduler P&T at 58 y/o. Nobody properly informed me when I was discharged that I should or could seek help from the VA in 84. They were in a hurry to get me out the door when I ETS'ed. The process spent less than a minute on VA info, and was quickly out of my mind as they shoved documents and information at me with incredible speed. I probably waited 2 days to do 2 hours worth of processing so I could leave with an honorable discharge.
    2 points
  15. I would make sure I appeal it. I look at it like this they are not try to grant the smc l for aid attendance. Because this would give u two smc l and would trigger the smc o. Which I believe if you receive in home care by a company. Would granted the smc r. On appeal I would state I am not look for smc r. I am looking for smc l for the need of help of others. Not sure if you had the aid and attendance comp exam. If you did I would include it. A statement from wife kids about how they help u. And explain that in the appeal. The board and va seem like they don't like address smc claims once they get in the smc o r area. I am fighting the same thing almost I was granted smc l for help of other. The board state this is for all my condition. This is done so I can't claim need of help for different condition that are different body parts. In my case they will not even address the smc o or r after the us court of veterans appeal remand it to be address. I receive in home care provide by a company. Good luck and don't give up.
    2 points
  16. Prior to your claim, did you get copies of your Navy medical files from St Louis? Documenting the event in service for visits to the sick call is in the file. You also need to get copies of your DD201 file, showing your duty assignments, and link exposure to the records. You also said there were people that you knew before that you are in contact with. They can give you buddy letters confirming certain details about your service. Everything they denied appears to land on a connection to your service. Your lay statements on each individual part of your claim should be very detailed and give dates (from and to), assignments, and job description when the exposures occurred. Your statements should coincide with your active duty records and the medical evidence for a win. Example: Lay statement intro 1. info on claim 1 2. info on claim 2 3. info on claim 3 4 info on claim 4 Summary and sign Keep it within reason, no 10 page documents, maybe 2 would suffice, a single concise paragraph on each. You have up to 1 year to submit supplemental claims with new evidence. The errors in your claim on the cervical/lumbar issue should be addressed in a supplemental claim. Present info on your lumbar condition, and add a lay statement telling them about the sick call visits. They will need to address the error, and include as new evidence the info connecting the lumbar to your active duty service. Should get cleared quickly. On exposure to chemicals, you need to clearly document where and when you were exposed, and link it to the records in your 201 file and/or the military medical records. Research some of the chemicals because some of them were commonly used in 66. Try to add info on exposure into your supplemental. You must document that for the idiots that run the circus so to speak. Get your pulmonary specialist to directly address the effects of some of the chemicals and how they affect lungs (like JPS) included in your letter. The confirmation of cause and effect from your MD will seal that deal with documentation of your duty position in your 201 file. Was your C&P examiner a VA or outside contractor? Non-VA contractors can be BAD. After you get the mess cleared, maybe think about an IG complaint. Veterans deserve better service than what you got, there is no excuse for the failure of the examiner missing documented medical facts like that. If IG gets enough complains on the issue, they will check it out and maybe get it addressed.
    2 points
  17. Buck appreciates all the concern and all of your continued prayers for his wife - this is an update from Buck : "They did remove the ventilator yesterday (Thursday) at 4:00PM and the Dr said the procedure placing the tube in her throat was successful ( Thank you Jusus) so if she can tolerate the tube they can un-sdadate her and we can communicate by writing /blacklboard .ect,,,,ect,,, It may take a couple of weeks or maybe sooner if her lungs will start to heal and she can breath on her own. When ? they can remove the tube and she can go home within a week or so...."
    2 points
  18. Someiano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case) Adam v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. At. By these court decision I believe the board is volating the law. With give a veteran more exam after a us court remand.
    2 points
  19. Well this why I do my owe stuff. 1993 injury release told go to va hospital for help no use of my left arm. 23 years old Granted 10% under gunshots wound I don't have a gunshot wound. Smh 98.00 a month wife two kids 1993-2001 I had a vso who did the nod back than. Fast forward to 2000 I found hadit on the web. Learn what a cue was. I apply for for tdiu and neck/arm/hand. Dro grants tdiu 60% pt 2000-2001. 2004 I cue the 1993 decision it go to the board. Board finds the regional office in buffalo never cretifed my appeal from 1993 to the board. It remain pending in appeal status. Granted tdiu 60% pt back to 1993-2001. 8 years retro. This is why I believe veterans have to learn the law cfr va manual cavc decisions. Bva decisions.
    2 points
  20. Veterans may be in line for a big cost-of-living boost in their benefits payouts starting in December thanks to legislation finalized by Congress on Monday. Read: https://hadit.com/a-big-cost-of-living-boost-for-veterans/
    2 points
  21. Two kinds of blood pressure medication recalled for possibly too much of a carcinogen. Two kinds of blood pressure medication recalled for possibly too much of a carcinogen (yahoo.com)
    1 point
  22. Here is the way your retro is calcualted: Figure your new comp rate EACH MONTH. This varies with the year, your dependents, and your percentage rate EACH MONTH. EACH MONTH subtract what you already received in the past for that month. As much as we would like to, you cant multiply the number of months times your new pay. (But you can get an estimate, but it will be off because compensation goes up each year (except for 3 years when cola was zero). YOU GET THE OLD RATE, each year, which changes, not the new 2021 rate. Its rather tedious to calculate your retro, frankly. I used a spreadsheet to figure mine. (Microsoft Excel), which made it much faster. Or, use the retro calculator (best): There are several retro calculators, online, here is one: https://cck-law.com/va-disability-retro-calculator/ The calculators "build in" the old rates and stuff. But I figure mine anyway.
    1 point
  23. GB you junks me..... I went for a C & P on October 7th. Had to drive 110 miles one way because I made the send me to a real doctor. They made me wait 2 hrs. for an 11:00 AM appointment. The the bitch low balls the ratting does not look at anything in my folder did not look at the evidence I presented at the appointment. So they gave me 10% on my knees that have disabled me from 2008 VIA workers Comp and SSDI. Yup GB its all your fault. (NOT)
    1 point
  24. broncovet If you go on Medicare.govt the 2022 cost for part B is 158 per month.
    1 point
  25. You don't need one at 60% you need all the others to equal at least 60%.
    1 point
  26. We just had a meeting over this today, and among other things veteran anxiety was brought up several times, as was how to define 'sustained improvement', usually in the context of cancers and other malignancies. That is still being addressed, but the short of this is that there is a National push for creating fewer RFE's, due mainly to statistical analysis that shows they are often unnecessary. I get one, I look at it, I document or obtain all the current medical from the last action on a condition, then send it to an RVSR that then looks it over to determine if an exam is truly warranted, etc etc. The dates for these things are set like 90% by computer based on previous regulations and estimations of medical conditions that are gotten from I have no idea where. No, really, im not kidding. I don't know what went into programming the dates for all the various conditions into the system for assigning RFE dates. It takes up a lot of time for me (us, VSRs) and Rvsrs to evaluate these only to have them not even be needed, meanwhile you have gotten a letter about it and are stewing and worrying about it. Well, this says that we (VA) are changing the policy effective date of this letter (7 OCT) forward. RFEs scheduled prior to are being weeded out and evaluated like normal.
    1 point
  27. I am lost how did veteran a appealing turn in to a cue claim. First there is no reason to do a cue for smc benfits.. It effective by your record when the evidence in your record show it. So early effective dates are no problem. I believe. The va are to infer it.
    1 point
  28. Just my opinion but why would u have to do a cue for smc benfits. They are to be granted by the record effective by the record. The only cue would be that they didn't inferred. I guess.
    1 point
  29. GREAT news GBA !!!!! We must Never Give up!!!!!
    1 point
  30. Same here. When I applied in 1995, the VA's web site really didn't exist and we had to trust our VSOs. I thought I was applying for medical compensation via continued medical care of injuries sustained while in the service. The copays and deductibles for medical treatment over five years was starting to add up. Years later when I finally won my BVA appeals, I was surprised to receive a check let alone anything monthly.
    1 point
  31. Buck, I am so sorry to hear of your loss. I had PC problems all week, and could not be here. Actually it wasnt the PC, it was the fact that our trees in NY have grown so high due to all of the rain we have had, that I had to get quite a few trees cut down to be able to get the satelitte dish to pick up the modem access. At first the Sat people thought it was due to a stationary front putting me into a cloud for days. In any event I am so sorry what you are dealing with, but you know Brenda is now in a Good place and she is free from all of her physical problems. She would want you too be strong and have faith that God will see you through this, because He will. Thursday is the anniversary of my USMC husband's death and the grief never goes away but gets better to deal with in time.
    1 point
  32. The thing is Buck has already paid the depreciation on the SUV. However, if he can't afford it then he has to sell. Some guy will get a good deal. Maybe sell the Tundra since that is a nice toy for us guys, but unless you plan to haul stuff it is an expensive toy. I bet Buck could get his money back on that truck. Guys just love their trucks. Hey, I am so cheap I hate to sell anything for less than a profit.
    1 point
  33. Maybe selling the car might surprise you Buck. My son just sold a Jeep. Paid $48000 for it, wife drove it for a couple of months, didn't like it.. Anyhow, he got $51g for it. Highlander's are considered a top SUV and are hard to get. They hold their value. Check out Auto Trader. I'd be interested if I had the money. Good luck!!
    1 point
  34. You posted: Of course its "not fair". Va isnt fair, on many levels, and this is what hadit is about. I am not all that suprised you did not get a good result with HLR. HLR is "without" new evidence. SCL means you can submit new evidence. If you would have asked which appeal route to take we would have tried to advise against HLR. I would have advised skipping HLR..only a small percent of those are granted, but at the bVA about 70 percent are granted or remanded. However, its unproductive for me to suggest "what you should have done", because that ship has sailed. The important part is what to do now. My advice: 1. If you have new evidence submit it, along with a change to SCL or, better yet an appeal to BVA. 2. The only way to kow for sure what is in your file is to view it on VBMS access, which only an attorney or VSO can access. (or claims agent) So, you need to review your evidence (aka vbms file or efile) 3. See if that file shows evidence for an eed. Are you familiar with the eed rules? They are rather complex. I would be interested in hearing your "eed entiltlement hypothesis" since you know more about your file than I do. Some eeds have been won with: You did not mention your reasons you think you deserve an eed.
    1 point
  35. Great answers. I too filed for tinnitus after more than 20 years out. Also my series changed, is now 25 and listed as moderate. My 2 cents. As GBArmy mentioned, make sure you file a statement in support of claim. List any in service incident you think caused the tinnitus. When you first noticed the tinnitus, in service. This is important part...most tinnitus denials come when the VA says not caused by an in service event. You have to write the statement up to head off that! " ... during an exercise, I had to man the 3kw generator for a 12 hour shift. Hearing pro was not used and when I got back to my room I noticed the ringing in my ears. I had never hear or or noticed anything like this prior. Over the years its only gotten worse blah blah" Any buddy letters to detail on the working conditions and or noise exposure. The statement from your mom is good too. Good luck and let us know how it goes. Cheers
    1 point
  36. Prostate cancer and heart disease are on the AO list. We are getting fewer and the list is getting longer.
    1 point
  37. I'm starting to think the scammers are getting more sophisticated all the time! Earlier today, I was researching NOVA attorneys online (collecting names & contact info), and even called a couple of them. Then, suddenly received an unexpected call from some woman claiming to represent a 'veterans advocacy group' called "Disability Health Group," who claimed I'd filled out an online form (er, NOT!), and said form sent them my information via email. I asked her 'who sent them the email,' and she hung up, so I figured it was a scam call. Couple hours later, she called back (same caller ID number: "720-704-7978"--a Colorado number, similar to mine), saying the same thing. To be on the safe side, I simply told her I prefer to make the contacts, myself, as there is no way to vet cold callers over the phone. I ran a couple of Internet searches for that 'business name,' and nothing came up, either time. I certainly hope no one else responds positively to such scam calls! Please, just tell them you can't vet them over the phone, and any legitimate business will understand. Stay safe out there, people!!! The Internet can pose more danger than we know!
    1 point
  38. creek chub If your wife is willing to sign off on a statement in support of the claim that it was apparent you had tinnus back when you got out, sure, that is strong evidence. She describes when she first realized based on your symptoms, how difficult it was for you and how it bothered you. Example we stopped going to group meetings at Church, or bingo Friday nights, etc. because you couldn't hear because of the buzzing in your ears. You also submit your own form talking about any particular event(s) that may have been the trigger for you tinnitus. Example: I was stationed in the engine room of the ship and one of the engines blew up; big explosion. Or, I worked on the flight line doing X when the F14's were starting up. Sometimes we didn't have time to put on our micky mouse ears. It is NEVER too late to submit a claim.
    1 point
  39. IMO they should be addressed. Personally I would write a Lay statement and submit it to the claim, so it is on file. I would be straight forward in what was incorrect and what was correct. Do not go down the rabbit hole of maybe or it could have or any of that swamp. Tell what you know and the truth as far as you know it. It is ok to add in what those around you said, but make sure it is not your saying this is what happened when you actually have no idea. Just be clear and they should clear it up and if you have to go to the BVA/CAVC or higher then you have the evidence and can show it.
    1 point
  40. My bad. I’m not good at this internet stuff
    1 point
  41. I am not privy to the info you claim to know about Ms Donegan being an employee of the VA. She has current active cases on the docket at the CAVC representing veterans. However, the Veteran's Consortium Pro Bono will review your case and if they feel it has merit, will appeal it at the CAVC. I had CC&K decline representing me at the BVA,and CAVC. If a law firm turns you away...keep looking. If your appeal has merit...there is a legal eagle for you.
    1 point
  42. Thanks. I'm good now, my claim was approved September 1, 2021 and retroactive pay received Sep 7.
    1 point
  43. I got out in 2000 and was service connected for tinnitus in 2013 I believe. I just put in the claim for tinnitus and hearing loss and the tinnitus was granted with no issues. I believe my MOS was highly probable for hearing loss.
    1 point
  44. I'm surprised your claim hasn't been processed yet. The VA lost my SMR's and the years I went through hoops and dealing with my congressman and senators they still never found any. My medical records and my dentals are no where to be found. They even told me I wasn't in Panama so I showed them on my DD214 I was with 100's of pictures. They still processed all my claims. Just need to get a doctor to listen and be there to help. Sometimes thats the hardest part. Good luck and I hope they find your records.
    1 point
  45. No, if your MOS has been "retire" find an equal one and describe your primary duties which also includes your exposure to loud noises. Most of the time these VA people don't have a clue whar the MOS really meant. Or cross over to another branch that has a similar duties. Example MP in Army is same X in Navy.
    1 point
  46. Sounds good, Tbird. The Senior Citizens League has been putting out their projections for COLA for several years and they are among the best in terms of accuracy based on how they do it. They just said last week they estimate the COLA for 2022 to be 6.0 or 6.1%. Hopefully, they are accurate again this year.
    1 point
  47. GBA, is correct- get your VA medical records as well as the C file. And many veterans need to obtain their inservice SMRS ( service medical records ) and their 201 Personnel file as well. I understand that the Military provides them for newly discharged service men and women, and I hope they leave the Mil with contact info for their unit buddies. Many veterans from older enlistments need to get them as every record you have could contain the evidence you need for a claim. I like what GBA said- Help other vets. We all might know vets who have no idea how the VA claims process works, and I bet there are still BWN AO vets who dont know they have a valid AO claim, if they fall into the Blue Water Navy AO criteria here at hadit.
    1 point
  48. bankkpkbill If you haven't gotten all your records yet, request your C-file. It's going to take a year to get it but there may be something else in there you might be able to connect. I always ask the veteran "did you ever go to medical and what was it for?" Just turned my ankle, or I was getting frequent headaches is a response. That might get you ankle/foot/ back connection, or migraines. Or, most often, after reviewing you file you see medical entries you didn't remember and there could be a connection now. Keep reading and help other veterans.
    1 point
  49. just wanted to see if there is any update on this. its been a few months. since i just won my 100%pt, i applied and seeking waiver now. but i just read this(third bullet boxed by me): can someone explain this too? does this mean that you have to have applied for insurance policy before you are given P&T? i won my claim and 100%pt in april and just applied today. so does that mean i cant get a waiver? i would have posted to another thread but this seems so closely related i thought should go here- let me know if i should start a new thread. thanks again @Vync for all you do!
    1 point
×
×
  • Create New...

Important Information

{terms] and Guidelines