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Showing content with the highest reputation since 03/08/2020 in all areas

  1. 6 points
    Buck, you sir are also greatly appreciated. When I found this site like others, "I was mad as hell and I couldn't take it anymore." I remember the quote but I don't remember who said it. This site is somewhat therapy for me. Plus I can glean a little about my own claim. Never could I imagine that so many veterans would be going through some of the same situations. Even some are so dang close to my claim I can swear that someone is looking at my claim and posting or responding to my post and it is scary. Maybe it is my paranoia but they are real close. Dealing with some of the Sugar Honey Ice Tea I had to go through, I don't want any other veteran/person to go through it. I went way below rock bottom and I am still trying to crawl my way out/up. The disability is just one factor but when you add losing your family and your home it makes thing even harder. I know there are some horror stories out there about what some veterans had to go through while VA decided their claim/fate that you would really not believe and really not want to hear because of the true gut punch feelings that would just make you sick.
  2. 5 points
    Buck, Everyone's story is different, but our adversary remains undetoured. With your help and all the help of others on here, I too find hope and I trudge on, Thanks, Hamslice
  3. 4 points
    I recently woke up to a sobering realization.. Without finding HADIT.com, I wouln't know a damn thing, nor would I have been granted a damn thing in VA disability benefits. That is the truth. I appreciate your patience with me and the guidance that those of you have freely given . My donation is to help HADIT help other veterans in their time of need, just as HADIT did for me. There are members here who truly are heroes in my book. Thank you.
  4. 4 points
    I have verified through ebenefits that my NOD through the legacy system is granted. It took several years but it shows that the VA granted an EED of ten years minus a month.
  5. 4 points
    As Tbird has said Knowledge is Power- and the VA wants to keep us in the dark about the regulations, rating Schedules, the many ways one can claim comp, under different theories of entitlement,etc etc, anything that could help us succeed. This site is evidence of how many have succeeded with that Power from their Knowledge of VA case law, etc and from others here. I have been in the Electronic veterans community since 1988 ( Vet Link NY -modem to modem-very expensive sometimes),Prodigy Vets BBS, with Bill Smith former BVA lawyer, and the great Alex Humphrey (vet lawyer) who was a member here ,until he died.etc etc etc, and the internet has made it far easier than ever ro get the info we need. I regret I missed the Anniversary radio show if one was done- I had the FLU in January- and still have post viral fatigue from it. All of you have expertise! It might be in the field of your personal disability or, in the issues you had with the VA. We learn from helping newbies , with maybe an unusual claims situation, that takes some research, as well as from us hardcore claimants who are hadit members. We must NEVER GIVE UP!
  6. 4 points
    From my family and I, Thank you all! Thanks to this forum, and the fountain of knowledge in the community, I started off on my journey hurt, confused, and angry - I was separated from service, with unclaimed/poorly evaluated injuries. Then, I wasn't familiar with the process, what I could claim, what the injuries I had were called, or who to see to get the appropriate treatment. I still learn new things every day! To say that in my experience, I was chewed on and spat out, is an understatement. From poor notes in my original exam by a doctor who seemed to care less, and the same from an off base neurologist. I got passed along from place to place. The doctors knew they were getting paid, seemingly regardless of the quality of their work. Recently, the picture has become much clearer, and more of my fellow veterans came by my side, some that I served with, who shared their testimonies, and helped me regain control over my butchered claims. The circumstances nearly put my family through homelessness. The circumstances nearly killed my wife (Type 1 Diabetic...Can't live without insulin, which means you HAVE to be able to afford insurance - because paying completely out of pocket would be financial suicide, thus begins the vicious cycle of "do I eat, or do I pay for insulin?") To quote Google "A person with type 1 diabetes incurred annual insulin costs of $5,705, on average, in 2016. The average cost was roughly half that at $2,864 per patient in 2012, according to a report due to be released on Tuesday by the nonprofit Health Care Cost Institute (HCCI)." This doesn't reflect costs of specialist co-pays, endocrinology, and a host of other devices, tubes, lancets, Bgs strip tests.....JUST THE INSULIN COST. Also, the circumstances nearly killed me - My glimmer of hope was fading fast. Unfortunately, while witnessing our struggles, my father succumbed to illness. Hadit elders and family ensured that I did not derail on my path through the claims process. The ship is nearly on course now, and we're out of the choppy water. Now, it's time toss other Veterans the lifesaver and help them find their way along with us! I am forever grateful, and humbly look forward to helping others in need to the best of my ability here on Hadit. I've got your 6.
  7. 4 points
    Buck your thank you to us is much appreciated and we always wish you and family the best.
  8. 3 points
    "Ladies and gentlemen: the story you are about to hear is true. Only the ratings and dates have been changed to protect the innocent." Yes, it is very possible, This is just an example: Granted 100% in 2010. In 2012 BVA grants an appeal with a new separate claim effective 2005, retro payment is paid. NOD for increase and local VARO grants it effective 2013, no retro payment due. Files a new NOD and appeal goes back to BVA and BVA grants EED to 2000 with new increased rating. So that rating will generate a new decision with a retro payment due. So the local VARO thought they could get away with granting the increased claim with absolutely no retro. So you appeal and get a higher retro going back even further. P.S. STOP READING MY FILE....
  9. 3 points
    Go to eBenefits On the homepage under Your VA Letters, click on Letter Generator. Click on Benefit Verification. Click on Benefit Summary - Veteran Benefits. From there you should be able to click on the items you want to include in your letter.
  10. 2 points
    Look up the medication side effects. More importantly, migraines are definitely secondary to PTSD and typically easier to prove. Anxiety and stress absolutely cause migraines. I would absolutely recommend you investigate that route before you try to claim it was caused by medication.
  11. 2 points
    Another warm tale for when you're self-isolating. Be safe. https://asknod.org/2020/04/02/ft-pea-gravel-arkansas-ozark-mountain-daredevils/
  12. 2 points
    What's good for the goose is good for the gander. When it comes to money there will always be someone trying to get over. OK VA called foul and fraud about veterans paying for DBQs by physicians who never treated them. What about the C & P and the QTCs examiners who never treated the veteran and has only seen the veteran for about fifteen minutes to I say maybe two hours ( I know really stretching it out). IMHO if VA discontinues the public facing Disability Benefits Questionnaires they should also discontinue the private Disability Benefits Questionnaires. Most veteran already have a diagnosis by their VAMC or Private treating doctors but VA won't accept the veteran's medical records and ask for a separate C & P exam either internal or external (VAMC C & P EXAMS or QTCs EXAMS). What about the Foul and fraud from VA where the VA pays these examiners for their opinion.
  13. 2 points
    Nothing like changing the rules when you're losing!!! It just got a lot harder boys and girls. Sure doesn't help the VA 's ongoing struggle to improve their public image.
  14. 2 points
    I didn't have to argue a diagnosis, my disagreement was VA's own VAMC medical treatment records. Under 38 C F R 3.156(b) I had date stamped VAMC medical treatment records prior to my original denial. These records were located in my file but were never adjudicated. I used Bernard V. Brown and requested that my entire file be considered for direct service connection. Since I submitted this evidence prior to my denial and prior to my decision, I met this criteria and BVA granted my EED. Even though VA has discontinued 38 C F R 3.157 Report of Examination As claim this also proved that VA had pertinent medical evidence to grant my claim but failed to review my entire file. 38 C F R 3.156 (b) Pending legacy claims not under the modernized review system.New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of § 20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. (4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.
  15. 2 points
    I have been fortunate to have only been climbing that last 10% for three years. I have pushed VA doctors to correct patient treatment notes in myhealthevet, been sure to explain my symptoms to them in rater's terms, and I've been relentless at using every test or procedure available through the VA to document the ailments and I still have three more claims to continue to fight on. I would encourage you to make a move up the mountain, especially if you are having conditions worsen as time goes on. The claims and appeals process has sped up, but just because the shade of lipstick became more appealing doesn't change the fact that it's an ugly pig wearing it. Getting denials sooner than before doesn't make you happy, but if we attack them with their own playbook, you increase your odds of catching them with their pants down. The claim that put me to 100% was a 30% migraines claim that I put in for an increase to 50%. Instead, they dropped me to 0%. But by doing some reading on here, scouring through my health records, and putting my VA doc on the spot with a DBQ in hand, I gave a reversal a shot in January and it just now paid off. @rootbeer22, I hope you give it another go and let us come along for the ride
  16. 2 points
    Congrats on the bump: As waiting is such a tough part of the entire process and it can be grueling at times. As many know even if you have good evidence sometimes, you may not get the win and sometimes spend years battling the process. I have not been on Hadit.Com for years because I've had a lot going on in my life. But veterans helping veterans is wonderful and what we should be doing as we all share similar bonds. I don't know how this new process is working with lanes and such but I'm going to try and learn more about it and if it's really helping veterans to get their claims adjudicated faster and clearing up some of the bureaucracy that we used to have to endure?
  17. 2 points
    @vetquest I called the WH VA Hotline earlier and put in an executive complaint. These complaints go straight to the VA Secretary's office for initial review and often get delegated down to appropriate personnel for action. If the VA Secretary's office starts to see a pattern, they might order a reversal on this poor policy. The VA claims they were originally intended for use by overseas veterans. but there are numerous important reasons why public access to DBQs are were extremely beneficial: 1. Accountability and trust. Some VA C&P docs are sloppy, have a proven history of making mistakes, and often overlook crucial details present in private medical records. 2. Veterans can take them to their private who has treated them long term and knows them. 3. Veterans can examine the forms to get a better idea of what is really supposed to happen during a C&P exam. 4. Reduce the need for the VA to schedule unnecessary C&P exams 5. If a C&P ends up being necessary, the C&P doc can refer to the DBQ performed by the non-VA doctor. 6. In some situations, such as increase claims, the effective date may be based on when a veteran becomes eligible for an increased rating. Adding to internal VA C&P workload means it will take longer to obtain appointments. This could negatively impact an effective date.
  18. 2 points
    I agree with Vync. We need to raise hell about this and prevent the VA from making things harder for vets. They claim to be doing this formerly due to veterans outside of the states, I believe them about as much as I believed the VA when they first denied my claim.
  19. 2 points
    So it still looks like the forms are still online, but VA has just made it harder to find them. Thanks for the great links provided here. I saved some to a file and added to the Files in the FB page I help moderate.
  20. 2 points
    https://web.archive.org/web/20190807143131/https://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp https://webcache.googleusercontent.com/search?q=cache:ak9H2qtr7QYJ:https://www.benefits.va.gov/compensation/dbq_listbydbqformname.asp+&cd=2&hl=en&ct=clnk&gl=us Can these be downloaded and posted to the site? Edit: I saved all of them in case it is needed on here. What is strange is that some of these forms "expired" back in September 2019.
  21. 2 points
    I will only add that familiarity breeds complacency. VSOs are supposed to be veterans advocates but from my experience they advocate more for the VA or to discourage the veteran from filing claims and or appeals. There are a lot of veterans that end up revoking their VSOs POAs and either fighting VA on their own or hiring an attorney. The simplest reason could only be that those veterans felt that their VSOs were not advocating for them. Yes, I will admit that there are good VSOs and bad VSOs. These VSOs live and survive on the salaries from the donations of veterans (I am quite sure they get other types of donations) but for the most part veterans who have actually no say on how these organizations spend their money. Just think about it, a veteran that pays absolutely no dues is entitled to the same assistance as a veteran that paid their dues and become a life time member. Think what you want, more and more veterans revoke their VSOs POAs and hire lawyers and file BVA appeals and CAVC appeals. It's there in black and white and no one can deny that there is a major problem. Having that familiarity breeds complacency is somewhat similar to building a camaraderie between the VSO's and the VA instead of between the VSO's and veterans.
  22. 2 points
    Truth is truth and there can only be one truth. There are a lot of veterans on this site and others looking for help and insight about how to proceed and win their claims. From the respondents point of view we post from our experience with no sugar coating. We are still getting today veterans asking for understand of how VA can deny their claim(s) while they have given VA everything VA needs to grant their claim(s) but for some reason it was denied. Just read through a few of them. This is not something new for VA, VA have/has been doing it for years. Just this week I responded to a post where a veteran just got denied after having their congressmen check on their claim. I informed them a few years ago I put in for a financial hardship case and my claim was expedited but my expedited claim was denied even though VA had the evidence. I also post that I continued to file my claims until I was granted 100% scheduler and recently won an EED CUE claim back to 1998. This is the truth and this is current. Twenty years ago when VA denied my claim I did not have a huge file , I would say no more than less than a ream of paper and they have about 500 sheets. I know my file had less than that so I don't know how VA missed their own VA stamped with a date prior to my denial. I don't know how the DRO missed it. I don't know how the BVA judge that remanded it missed it after the local VARO rejected the remand and denied my claim and forced me to get a lawyer who didn't miss it and agreed with VA lawyers to remand my claim. You as the OP (original poster) must understand that many people post for different reason and some that say they want to help really don't want to help. Take it with a grain of salt and check every avenue that will help you understand and get you the information you need. It's crazy how you can call VA 1 800 Peggy and get one answer and wait about 2 hours and call back and get a totally different answer. Be aware, be forwarded that everyone on this site and other sites may say they want to help but do your own homework and check the facts. I understand that it is scary out there for all workers but it is even more scarier for veterans waiting on a positive outcome about their claims
  23. 2 points
    Let's see, quinine is used against malaria. Tonic water contains quinine. A couple of gin and tonics a day should do the trick. I'll drink to that.
  24. 2 points
    I have received good service at the VA before but I have also received service that would make your toes curl. I am one who tries to get most of my care off the VA campus in that I have Tricare. I have run in to some neurologists at the VA that would tell me thank-you for your service as they twisted the knife. After reading their notes I knew I would never see them again. Funny thing is they were probably doing that to everyone because for some reason the Johnson City VA closed it's neurology department without explanation. As for the mental health at the VA I have received pretty good care while an inpatient. The only thing I can complain about is that the VA diagnosed me with every mental health condition under the sun (about eight) they could before declaring I had PTSD.
  25. 2 points
    @Buck52 Thank you and definitely thanks to you and everyone else here. We cannot forget our dearly departed fellow member @carlie. When I joined back in 2008, she took me under her wing. I had been at 40% since 1995 and I won a new claim pushing me to 60%. After that, I learned from everyone else and made it to 100% in 2013. Since then, I am still continuing to fight the good fight. Now, I am trying to help make a difference for other members. I don't know everything, but if you don't stand for something you will fall for anything (meaning VA rubber stamp denials). Never give up!
  26. 2 points
  27. 2 points
    Here's a great story to start Spring. Janet and Donald are my oldest customers. Janet found me here in 2014 before I was accredited. She waited and bided her time waiting for me to get my license to kill. https://asknod.org/2020/03/09/bva-r2-you-cant-always-get-what-you-want/ Nothing, I mean nothing, could keep this woman from winning. She also snagged all the goodies on SHA and the auto grant without me. I do hope Cupcake will be that aggressive on my account if I get this ill.
  28. 2 points
    Thank-you Tbird and buck52 and broncovet. When I found hadit I was in the middle of applying for TDIU for a disability that caused my early out from service some twenty five years prior. I had already won some pretty close fights but was now dealing with a VA that stopped following the CFR's. It took ten years but I was at 100% and SMC S. I have learned how to fight the VA and how to help others that come later, and some that have gone before. But we at Hadit must also remember Asknod. With his guidance I won an EED claim that encompassed ten years of backpay for SMC S. Thank-you one and all.
  29. 2 points
    so the NP doing your C&P exam is not saying they know Neuro or anything like that, so IMO you should have your information for Neuro for them to base their OPINION on. The C&P person will look up information, but if you give them a road map from my experience they will tend to follow it. This is not always the case and you should come at it from all angles, but this has worked for me!
  30. 2 points
    You have to have all 3 of the Caluza elements to establish direct service connection. Why limit Migraines as secondary to tinnitus? If you have a chronic diagnosis, Nexus, and (complaints - treatment - witnesses), then use that evidence from those documents and then the VA will have to figure out how to connect them, and whether it's secondary or not to anything. Redact your information from the Neuro's report, and the decision letter, and the report of event/injury, and post it up here for us. Then we may be able to better assist you without speculating as much. Without the Nexus, your claim doesn't have enough ground to stand on yet. Your PCP or a Neuro could do the Nexus part if they agree to. (This would be supplemental with the new evidence) A neurologist doing the C&P carries more weight than an NP, however, an NP can do your C&P. I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice.
  31. 2 points
    This is most likely because of COLA adjustments, which are typically done in December. I recently saw a post that was similar to this that was questioned in the same manner. Your effective date MAY be the 06/11 date you posted, but with what little information we have we can only speculate. (Presumptive claim?, direct service connection?, BVA appeal? We don't know.) You should also be able to see your retro soon, and calculate how many months/years at your rating to find the right change.
  32. 2 points
    Are you within 1 year of separation from the military? Normally they will not go back past the date filed unless you are within that first year. Or are you sure you did not start the claim 6 months earlier and then finish it later? Your dates are kind of all over the place. Once you get the letter take out your personal information and post it if you would like us to see if there is an error.
  33. 2 points
    Unemployability (IU) assumes that you cannot work at all, even though you are rated less than 100% by the schedule. The regs say that you cannot do gainful meaningful employment, which is a standard that SSDI uses as well. I know veterans that work, and people on SSDI that work, but SSDI people lose money from SSDI based on the amount they made in income. VA doesn't do that but if you work and make over poverty level you are looking to have some issues, big ones. They will assume that you are potentially getting better and they can pull you in for a re-evaluation. There are such things as "protected environments" (actual quote) where the employer has made major concessions to your disability, or you are working in a sheltered environment like for family, but the legalities of this, while legal, get really tied up in legalese at the Dept of Labor over what actually IS one of those situations, and DOL seems to take it on a case by case basis. Best not to tempt it. I had IU temporarily, I found out, for about 6 months. My claim for increase was not yet settled at the time, and I was being paid at 90%. When my claim finished, they called me 100% P and T (permanent and total) and paid that backpay increase amount to when I filed. They then backpayed me another 6 months back to when I came off of FMLA and still could not work according to CIGNA (my disability provider for work) and had filed for IU, but as TDIU. It was weird and ive not seen it talked about in forum here or elsewhere. It makes sense, and the amount was the same, so it wasn't a net gain, but I never asked to be P and T and would have been happy with IU. *shrug* If you are on IU its best not to work or to push it, unless you are doing under the table stuff or hobby working. If you are 100 by schedule you are freed of this limitation and can work as much as your disability permits you to.
  34. 1 point
    Unfortunately VA is VA and they could do anything. Not knowing if your C-file is still paper or in the system this could very well delay anything and everything. If and I say if your C-file has not been converted to the system it cannot be in two or three places at the same time. If your C -file is in the system then it should not cause a delay. Keep in mind that VA does not need a reason to delay your claim or copying your C-file. It is a gamble a crap shoot. Even when you think you know they (VA) still pulls a rabbit out their --- and cause confusion. I am not trying to be negative these are the facts
  35. 1 point
    I thought something was off on the topic title. The words "VA" and "executes" used together in a sentence... Yikes!
  36. 1 point
    If the C&P was done by the VA, it can be seen 30 days from the time of the exam under the blue button reports. If it is a contracted C&P, you will have to go to your VSO or such and get a copy. If you aren't in a hurry, you can submit a freedom of information act request for it (takes about 12-18 months).
  37. 1 point
    I served from Oct 2010 to Nov 2018. The medication they gave me for the anxiety does have the side effect of headaches
  38. 1 point
    In most cases, they can do a lot of the appointments via telehealth unless there is a need to do a physical exam or tests. I had two in-person appointments last week, but both were for radiology (stress tests). Can't do those over the phone. For telehealth, check this site: https://telehealth.va.gov/ I used it for a few appointments last year. You need a webcam or a smart phone so they can visibly see you. I called a support hotline who helped me get everything setup and tested prior to my appointment. However, given the current circumstances, I have heard of other veterans simply doing it over the phone. I have a call coming in later today from a NP which will be phone only. For what it's worth, last week the Birmingham VAMC was a ghost town. The shuttles to and from the parking deck were still running, but limited to 1 person per seat (yay!). Before you get on the bus, they question you and administer some hand sanitizer. Before entering the VAMC, they require you to bring the appt letter or a text message on your phone before being allowed in. I asked what about vets who don't have either. By the end of last week, they had a computer outside to look them up. Again, they ask you the same questions and administer some hand sanitizer. The dining facility and the VA canteen store (mini-AAFES) was still open, but the dining hall was closed. I ended up eating my breakfast in the clinic waiting room. No waits for an elevator or to get into a restroom at all. I literally got in, got taken care of, and was able to leave without any of the usual unnecessary waits. When I talked with you on the phone a while back, I honestly could not tell you were using a closed captioning device.
  39. 1 point
    OK first thing first, Ms Berta is the one and only. There is no one like her and she is the expert that I know of on CUE claims. We should all take our hats off for the help and assistance she has given to veterans and their widows. I posted something like this a few years ago. Now for CUE Claims, IMHO I think the real issue with CUE Claims are the verbiage/wordage. Many veterans, VSOs, and attorneys don't know how to actually phrase a good CUE Claim. You not only have to have the evidence to support your claim/theory, you have to phrase it in a legal manner. I am not the one to believe that VA would just roll over and pay off/out a CUE claim just because VA doesn't want to deal with the headaches. Again the claim must be clear and show proof of detriment. I do agree that when a veteran responds to a rating decision, filing a CUE Claim or just a NOD should be done with a clear head. Spewing anger at the decision or the decision maker won't help. Begging and pleading won't help. A veteran and or his representative must show/prove by regulation and law that an error was made, no more no less. Yes, there are times when veterans give either too much or too little information about their claims. There are many ways to win an EED after a denial and the simplest is by filing a NOD. Those who have been around this site knows that a Cue is not a onetime shot and has no time limit. Once an attorney loses a CUE, they feel the claim is a no winner but the claim can still be won under a different CUE if the situation warrants it. Always keep in mind that a timely NOD and A CUE Claim will result in the same outcome decision. Another thing has change as to the regulations, a CUE Claim must be filed using the regulations and laws at the time of the decision. I won my CUE Claims under the legacy regulations even though they were recent wins.
  40. 1 point
    Just another example of the VA making it harder for a veteran to get what he or she has earned. I think what JustGettingStarted suggested is a great idea as a parallel action.If we have a blog or something and make blank copies of dbq's available, it will do a lot more good than harm. The VA isn't going to change materially a whole bunch of dbq's because it will be too hard for their medical people, Besides, if they needed changing they would already have done them. The symptoms for disabilities will not change, nor will how they evaluate them. If Hadit has an ongoing Library of dbq's available for veterans to reference, it would be a great draw to the sight. IMHO.
  41. 1 point
    Sixthscents- LONG Time no see!!!!!!!!!!!!!!!!!!!!!!!!!!! Welcome back!!!!!! Thanks for being here- we have more successful Cuerinos than we used to have. Even at the BVA I see more and more CUE claims from vets. Studying BVA awards and denials for CUE years ago ( I still check the BVA almost every day) is how I learned how to file a Probative CUE. The VBM by NVLSP helped too.I have 2 in Progress , and one of them is a CUE filed on an award. ...an award that I would not have received without filing CUE on that initial denial. It took only 3 weeks to get the initial CUE award. Same with a CUE and NOD I had to file for my daughter. Boy was she pissed- DEA ( Chap 35) only gave her one month of DEA- The regulations for veterans are right on the DEA app and they had her DD 214. She called me and asked how the VA can e so stupid, and I said "Welcome to my World". I prepared a NOD and also a CUE- sent it to her to sign, copy and mail with proof of mailing -it was very brief but scathing! I do not mince words. VA Edu reversed in 3 weeks then too-she got 7 years of Chapter 35. You are right- a CUE should be Prime Facie- otherwise a vet can get overwhelmed in details. They have to stick to the decision thy believe contains CUE, find the legal error they broke, and then make sure the evidence th VA had at time of that decision,whether listed as evidence or not , was properly considered. That applies to most of the CUEs I see here. My # 1 favorite reg is 38 CFR 4.6. I did a article on the Power of 4.6. In your absence former Sec Shulkin revised M21-1MR based on two of my suggestions. When his office secretary called me, the man did not identify what changes were made ,but I put M21-1MR here on them. I told the Secretary (Shulkin) that ROs make too many CUEs , I referenced to my personal CUEs and the many at BVA and that no one at the RO seeks CUE before a decision is sent out. M21-1MR now gives that job to the HLRs and we have seen that here , in many cases it works- and the VA HLR can correct the error right away. I like filing CUE within the appeal period. If the decision is legally wrong -why wait. I advise using the alphanumeric to the top right hand side of the decision letter. The numeric identifies the RO, the alphas are the code for identifying the idiot who made the CUE and I suggest Put 'Attention to' that alpha code when you send them a CUE.
  42. 1 point
    30% Sorry that they did this to you; too bad you couldn't have done what AllTheWay said. I'd like to add this, however. If this just happened I would call the RO's office and ask to speak to the manager who does the scheduling for C&P's. I would tell him/her exactly what happened, in very good detail. I would then tell him you request another C&P with a competent examiner. Say you are requesting the new exam for two reasons: first, to alert the RO that this examiner is doing harm to disabled veterans by making veterans harm themselves and to correct him by retairining. Second, you fully expect that the recordings he took during your exam did not represent what your pain threshold is and therefore, what yiour accurate conditions are. IMO, your ratings from the exam will be lower because you didn't have a truly accurate picture. In other words, you have nothing to lose.
  43. 1 point
    ***UPDATE*** Just received word that the HLR worked and they have raised my rating %. Here comes 22 months worth of backpay. As soon as it drops I'll be donating 10% to Hadit. It feels great to be able to give back to a community that has helped me so much. You guys are the real MVPs.
  44. 1 point
    https://www.index.va.gov/search/va/bva.jsp It does not take long to familiarize yourself with their search feature. I have been reading BVA decisions every week ever since they came on line. None of these decisions are precedential. However I used one or more for Legal issues in them to bolster some of my claims, and used a medical hint from one of them to get a vet- years to BVA, CAVC, BVA , CAVCagain- to finally win his claim ! Neither his vet rep not his vet lawyers ever read his last BVA decision. The medical hint was within the very first paragraph o the decision. I used a legal statement from a past Moot BVA claim I had ( I won it at RO and never knew I should have withdraw the appeal at BVA) to recover a FTCA offset and more importantly, these decisions have helped many here with links I post- (I hope) to understand the way the BVA awards, denies or remands the claim. I always seek decisions that are fairly recent, but sometimes we get questions here that involve me finding decisions based on VA case law etc , prevalent at time of the decision, and I seek those older BVA decisions, to find out what I need to find, that could reveal basis for CUE or a 3.156 claim. I have developed carpel tunnel from decades of typing and using power tools, weed wackers, etc and feel others should start using the BVA web site more to help others here. (I have a program that will let me speak and then it types what I say but I have an accent and it will take time for me to get that all compatible- it isn't Dragon, it came with Windows 10. (A well as the OGC precedent decisions and the US CAVC decisions- so helpful in understand the way BVA, CAVC and the OGC think.
  45. 1 point
    Kelly, you didn't state anything about your husband's health. Does he meet the criteria to advance his claim on the docket? You can call BVA and ask where is your husband's claim on the docket.
  46. 1 point
    Ok, so this confirms that I should have had a separate rating for muscle injury from the git-go. Very helpful as always @Vync ! I filed the claim, and I guess once it is SC'd -- and that's when I can challenge the EED based on the original claim, where muscle injury and atrophy was recorded right? Or would the EED be the date of the FDC since the condition was not claimed at the time?
  47. 1 point
    Ok so a few questions here before I can give some help. Were the denied conditions apart of the same claim for UI? Next is service connected for his conditions? If the conditions are not apart of the current claim then for sure claim these conditions ASAP! Can you please post the remand minus any personal information? Reason being there should be no reason you are waiting two year for a remand to be taken care of! If this is the case then someone has seriously dropped the ball! If so they have basically forgotten about you and I personally would start shaking down some trees. My remand took 6 months before the RO even looked at it which from what I could find out is about right. It then took almost a year to implement the changes for the granted part of my claim. I have all of the presumptives from the gulf war and I know how bad it sucks to wake up every day. It is defiantly a challenge to keep fighting the VA.
  48. 1 point
    Alright, My rating for left forearm muscle injury I believe most closely fits the 20% rating for Moderately Severe muscle disability -- "This wound would need hospitalization for treatment, have the constant presence of the cardinal signs and symptoms, and would significantly interfere with the ability to work." The VA rated my original claim (2013) of Ulnar neuropathy (30%), and left wrist strain (0%) (I just had a new C&P though for the wrist and awaiting results.) Sounds like a good plan to me @pete992 I'm going to finish filing the claim this morning then and we will see where it goes. I'll post a copy of my original award here.
  49. 1 point
    I would say yes. It doesn't mean that VA will grant these conditions but depending on your ratings, there are times when VA can separate them and grant additional separate ratings.
  50. 1 point
    This exact scenario just happened to me and I don't know if I have handled it correctly or if I need to go further. My VSO has not really given me much advice because most of their staff are new employees and I think my previous VSO got my file red flagged because he submitted a claim for every diagnosis in my STRs and didn't teach me how the process worked before filing for claims that I had not received a diagnosis. A few years ago, I was given 30% rating for migraines secondary to my TBI. During that C&P exam, the doctor asked the frequency of migraines and because I had no record, I estimated 1 per month that kept me home from work. TBI and Migraines were awarded and I began utilizing the VA healthcare to speak with a TBI doctor on related symptoms. Last year my TBI doctor advised me to record my migraines so that we would know if they were to ever become more frequent. 3 months into recording these, I noticed that I wasn't averaging 1 migraine per month, but 2 and some were days long. So what did stupid me decide to do? File for an increase to 50%. During the increase C&P my examiner stated that things "had been stable" because I explained how during my first C&P exam I was speculating on the amount. I told him that I had since kept track and found that the amount should have been reported higher. My condition had not worsened, it was just under stated on the first examination. I wasn't asked about turning in my migraine log that I showed him, and I was assured that the rater would view my TBI doctor's notes for an appointment I had scheduled for the next day. The TBI doctor's notes corroborated everything I said to the C&P examiner and he gave me a script for Sumatriptan. All that to be dropped from 30% to 0% with a statement that "my condition had improved". It was reflected in my eBenefits portfolio as 0% within the 60 day period. That decision was made in early January, and I got my TBI doc at the VA to fill out a DBQ which was submitted in January. In February, my VSO advised me to upload my migraine log and to give a statement about why the increase was made so that my point of view was reflected. A 50% rating would have taken me from 93% to 95%, so I think that played a role in the VA's determination as well.
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