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Showing content with the highest reputation since 07/18/2018 in all areas

  1. 4 points
    Ramp win. sub 15 May 2018 closes 7/25/18 increase in disability from 40-60% for radiculopathy left leg
  2. 2 points
    Yes it is absolutely great news indeed. Not only are things moving along, albeit slowly, but I feel, for the first time that the end is potentially in sight. I honestly cannot see this lasting longer than the end of the year. So for the first time cautious optimism. The next item on the list to worry about is the exam itself, followed by the raters decision and possible NOD. I'm holding my breath that I don't have to appeal any higher. So far my ducks are in a row, but like anything if you over extend you run the risk of collapse. Believe me I'd prefer to be anywhere but here. I hate the fact that I'm dealing with the VA. I hate the fact that I have to overcome mental deficiencies to combat a government agency that should damned well know better. I'm dealing with some pretty severe anxiety right now. It happens when a target date appears on the horizon. Things ramp up in my head and the dynamo starts spinning up. Since the date is so suddenly close with little advanced warning, things tend to ratchet up exponentially. The term I like to use is "zero to hero" So I get to wonder for the next 9 days if I'm walking into a quacks office. Will I be able to understand this person. Will I be able to cut through the bullshit and discern true intent. Is this person even the correct person to conduct the exam. Am I going to get screwed because this guy wants to save the government some cash. Things of that nature. I've seen the rating schedule I know where I fit. I've also seen the DSM-4/DSM-5 criteria for PTSD and I know that's what I have. I don't want to walk into an exam and be made a mockery of or insulted. I've been down those roads and their not fun. I was thinking of taking some pictures of my room and living area. To show how badly my mental health affects my daily living. I also need to come up with a list of symptomology and occurance rates. So much still to do it seems to hit the goal. Still so much uncertainty. I try to remain confident. It's hard, especially when you're wide awake at 3am filled with doubt and uncertainty. Maybe things will go smoothly from here on out. If the history of my claim is any indication I doubt it. More likely I will have to continue to fight and claw for every inch I gain. But hey, that's what soldiers do.
  3. 2 points
    It looks as though the RAMP is moving. My claim when to Notification yesterday. With a estimated completion of: July 27 - Aug 2 Fingers crossed that I don't have to appeal ....
  4. 2 points
    Mitch I have been around the VA block since 1981. There are some Great VSOs but are the ones who are always overwhelmed and probably burn out very fast. I happened to gop throught this whole post Broncovet had stated: "Posted October 7, 2015 · Report post According to the BVA chairmans report, State VSO's have the worst record (of wins for the Veteran) of all. Attorneys have the best record." I filed a 43 page complaint with the VA OIG on my state's so called VSOs. Of the 4 I mentioned with evidence, only one kept their job but was demoted. They also continually felt my AO DMII claim had no basis whatsoever.And they lied about the substance of a DRO review one of them showed up at. I was absolutely delighted to contact the state Dept of Vets affairs attorney (who know of the complaint with the OIG) to tell him I not only won that case (the most important one I ever filed) but I also won a 3 part CUE they didnt think would succeed. I also sued the former DAV Rep I had in Federal court.There was no monetary gain because I just wanted to show him and the DAV lawyer how piss poor his representation was. His lawyer called me aside after I deposed this rep and told me to become a lawyer. They were shocked that I had won a FTCA case and the DAV ignored the significance of that for my 1151 DIC issue. I am sure you will do a very good job at repping vets and their survivors.So don't take our comments personally.... But after I got rid of using VSO or vet reps, I did much better with getting my claims resolved. I don't get it. I had the same training they had from NVLSP but never went to the seminar. I didn't need to go to the seminar, I have purchased the annual VBM from NVLSP since 1991 . The VBMs I donated to my state reps ,when I first though they were really on the ball, went unread by them and were unaccessible to any veteran who might want to peruse them at their office on the grounds of a VAMC. More and more vets are handling their claims themselves with the help of hadit and the internet. I have seen countless remands from the BVA whereby their representation did NOTHING to get the case resolved sooner and at a RO level. Even my VCAA letter was illegal but my state reps did not care .The state Director suddenly was replaced after I sent the OIG a letter he had sent to me. saying it was legal.Even the BVA agreed it was not. I just hope that because of my efforts ,neither the State of NY nor the DAV here in NY ever treated widows,after all that, like shit again.
  5. 1 point
    I would like to thank everyone who provided me with such valuable information concerning my Individual unemployability claim. I did receive my 100% disability. I filed my claim on April 16, 2018 and my claim was awarded on June 20, 2018. It took only 64 days to complete. Thanking you all again for your help. God Bless you all. Air Force Vet
  6. 1 point
    so think abt it, the CP docs have 2 incentives to screw you, one they get paid by the VA 2 If they get rated and ranked for " performance" you can bet your lucky marble they get bonuses. so you tell me. is this system fair, when they get no positive mojo for helping a veteran? Fairness in this system is an IMPOSSIBILITY!!!! This system needs to be challenged in the courts because it is a scam.
  7. 1 point
    I've been staying away from going online cause the madness of checking ebenefits was stressful enough but I was awarded 100% P&T today, was also awarded social security disability 2 days ago, all in all I'm very thankful and grateful for the quick turnaround considering that many are still waiting, thank you to the Hadit community for your responses and support, this forum is very helpful for veterans seeking information, bravo zulu and god bless
  8. 1 point
    I would like to point out that a veteran can request a hearing at thier local Regional office at any time your claim is still there, . If you would like to try and get something cleared up, you can request a conference and they will see you, prior to a decision or after.. . I didnt know this until not too long ago. I think calling them would be much easier but they dont allow it. Shortly after a negative decision has been made, before the ink dries good, can be a good time for a conference, that could clarify wrong information, and lead to a favorable claim, also, at a hearing, you can ask the regional office EXACTLY what needs to be done to win your claim, if there is a path, they are required to tell you by law. A couple hours of your time, could save you years in waiting for appeal. It can also be a opportunity to submit evidence, in a tamper resistant environment, because in a formal conference, they are supposed to record everything being said and done. be sure to ask for a formal conference if you wish to submit evidence, because it will likely insure what u submit doesnt go into the shredder. if the person you are in front of turns the microphone off when you attempt to submit evidence, then they are trying to screw you. this actually happened to me. the person who did it no longer works for the VA though.. . Good riddance S Wilbur..
  9. 1 point
    ChampVA covers dependants, not you. We've not had any problem with it. 2 surgeries with two different kids in the last two months (tonsillectomies) and so long as our family doctor ok'd it, ChampVA was fine with it.
  10. 1 point
    Excellent Vync- I always make the point, ending my CUES by stating that the error was detrimental to me as the surviving spouse.( meaning they owed me cash)
  11. 1 point
    I am thinking this says you can't file it and then have a lawyer refile it if you loose.
  12. 1 point
    Confused but I will bite.........The comment was to the original posting @tylerb333 You replied to HIS THREAD......I agreed with YOU. Reading slower is a good thing at times. His situation, felony convictions hapering his success in moving on. Doing anything at this point especially with the poor C & P would be more beneficial, especially improving his finances. Working two low paying jobs or school et al. Work is a therapeutic tool, the the original posting asking about rating decision that from the above post looks like a very poor shot at an increase. Free advice from my years of experience.
  13. 1 point
    There is additional information here on these types of claims but this might simplify the info: There are 2 main ingredients to proving a Section 1151, 38 USC claim. This goes for veteran’s with what they fully believe are 1151 issues as well as survivors of veteran who feel the VA caused or contributed to their spouse’s death. 1.Documented medical proof of a ratable disability or death directly due to VA malpractice. 2.Documented medical proof of the malpractice/negligence that caused the additional disability or death. If anyone ,with what they feel is a basis for a valid 1151 claim, does not attempt to get a strong IMO/IME, then they will be part of the 98%-99% of 1151 claimants who will be denied. If anyone however is willing to practically become a doctor themselves, then there is a chance they can succeed. Been there done that…...It is a lot of work and very time consuming.* The basis for any FTCA or 1151 claim is simply this…… Would the “standard and Usual” medical community ( the non VA medical community) have taken the same steps to diagnose and treat the veteran? If the answer is No that becomes a basis for malpractice.Spouses should always claim DIC under both direct SC (unless there is no basis at all for that) and then also file a separate Section 1151 death DIC claim. Also a FTCA claim is filed differently and has a two year Statute of Limits...all of that is explained in our FTCA forum. The only reason I won my 1151 DIC claim at the RO level is because the VA General Counsel agreed with my lay medical opinion and overwhelming evidence of malpractice and awarded my FTCA claim first. The initial Peer Review the VA did, 5 months after the regional counsel VA got my SF 95 and some of the evidence, fully supported my charges but that, as I mentioned before mysteriously disappeared from the file and I found it years later after those claims were awarded. The VA tried to tell me that report had Never been done.They will lie about 1151/FTCA evidence and if you get a lawyer you might be able to avoid the crap they can try to pull. Lawyers (whether VA OGC lawyers or vet lawyers) Love evidence and they can read. You will not get a strong level of attention at the RO level unless you have a superb IMO/IME and a lawyer (or a real good vet rep) who will not allow the VA to BS you. Do NOT tell the VA why you are requesting all of your (or your deceased spouses) VA medical records. Find a good IMO/IME doctor with expertise in whatever you feel they did to harm you (or your deceased spouse) Don’t get locked into, however, your theory of malpractice, because it might be far different from what a real doctor will find in the records. If you are unwilling to obtain an IMO/IME, as I said ,you will probably be denied right off the bat... and there is very little we can do to help. The VA will accept their Posthumous C & P doctor's word, even if (like some I have received) the C & P is absolutely ridiculous. Only an IMO/IME from a Real doctor can combat that. If a good IMO/IME doctor finds no malpractice actually occurred, then you have paid for Peace of Mind and that too has great value.
  14. 1 point
    @deelaryn That's wonderful news!!! Every so often they get one right!
  15. 1 point
    Broncovet - I knew you would support what I said- what gets me is that the "widow" I mentioned cried the blues to everyone that she had no money and that the VA had denied her DIC claim.( 3 months after he died) A year later she called me up and told me she wanted to apply for 'what you get' meaning DIC- and told me she had never opened the packet I sent her with the 21-534 in it. I asked her if any local vet rep had helped her apply for DIC yet and she said no. The VA had not denied her claim-but maybe she realised they would because they would need a copy of the marriage license- and there is none. What did she tell the veteran's adult children? One lie can lead to another.
  16. 1 point
    So you are 70% s/c for PTSD with secondary substance abuse disorder? PTSD is usually a "non-static" and is reviewable unless you are P&T 100% MH rating.
  17. 1 point
    Great to hear. Donate some of that retro to this site that provide a platform for us. For that without it we would still be in the dark ages!
  18. 1 point
    Start a new thread and I'd answer that Buck. I don't want to get any warning points or teach bad habits to newcomers about "taking over" a thread. Suffice it to say, after 5 years, they'd better have a darn good reason to schedule not one-but two exams- spread out over six months/year to show you have not only improved but maintained the improvement. If they don't, I win them at the BVA for not doing two exams. But with my new-found knowledge and techniques, I don't even need to get in that 4-year backlog nightmare. It's easier to spend $2 K of my client's money and get that IMO to rebut VA's contention right after the FIRST c&p where VA is saying you're a candidate for the Boston Marathon. I call for a DRO hearing on the record and whack 'em up side the head with the new IMO and they sit down and shut up. You'd end up paying me a wad for taking that appeal upstairs and the 4-years @ 20% you'd have to pay . I don't want your money. I'm too busy. I'd rather come here and teach you how to DIY.
  19. 1 point
    Not to disagree with Buck52 but I took copies of all pertinent records to my C&P when it was done by an outside examiner. They both thanked me in that they did not have to search through my entire C file for the evidence. Yes they are required to read your entire C file but it makes it much easier for them when they have a starting point.
  20. 1 point
    If you are in severe chronic pain there is a large emotional component to it. You can file for depression/chronic pain disorder which could possibly help you get to 100%. I have 90% and I know I would need additional 50% to get to 95% and thus 100%. I may get there one day but not looking forward to it if I need to have another major disability. The only way for me to get there now would be for VA to accept OSA claim and I have little hope of that presently. I would got for the P&T and "S" as Buck talks about if you can get it.
  21. 1 point
    I know and I'm not blaming him. But the ones who did know...they all should be held accountable to a T.
  22. 1 point
    I suggest going to drugs.com. They have a fantastic drug interactions checker that allows you to add all of your meds at once. Then it provides potential interaction warnings and why. Of course your provider/pharmacist is your first line of defense, but it still never hurts to be the best advocate for your own health and double check.
  23. 1 point
    i used mr. ellis twice this year and in both times i was granted service connect. the first time was for flat feet aquired and right knee 60% the second time was for bilateral hips and left KNEE secondary to flatt feet. which gave me 80%. and IM going back to him to help me with IU. 500.00 EACH TIME, WELL WORTH IT SINCE VA DOCTERS WONT LEND A HAND. I WOULD RECOMMAND GOING THROUGH AN IMO EACH TIME FOR A CLAIM. THE STAFF WAS NICE AND PROFESIONAL. DR. ELLIS IS ALSO A VIETNAM VET
  24. 1 point
    Gee-when my husband was in the PTSD inhouse program, they handled the temp comp claim right there at the VAMC. It took just a few months for the check to arrive. I think they will definitely give you 2 months temp 100% comp- and perhaps more- hard to say- "I'm probably just gonna get 70%" possibly--- because you are still employed. The temp comp is paid at the 100% rate -someone here will know the exact amount and it should include extra for any dependents. "I know some of the vets I went into the program with looked very confused when I mentioned the temp 100%. This is a tragedy. But that's why vets help vets. " That is awful!!!!! Only one vet who was in the same inhouse program with my husband didnt get any 100% temp comp. The vets at the inhouse program as well as the VA doubted his stressor story.My husband (combat USMC Vietnam)had to wait months to even get into the program but this vet somehow got in right away and he was not even diagnosed with SC PTSD. I am appalled to learn that the VA is not handing the temp comp claims as part of this program anymore.
  25. 1 point
    Pete, Shouldn't be that way...if the VA holds the Veteran accountable to time limits for filing appeals then they should also be held accountable to time limits in responding to those appeals.
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