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Showing content with the highest reputation since 09/22/2018 in all areas

  1. 4 points
    This is why I always do a travel board hearing instead of a videoconference. First, the VLJ is sitting 4 feet away from my client. S/he sees every eye movement and his/her sincerity. Somebody promoted me to attorney but I'm not. I filed POA and request for SMC R1 on May 15th. Got the denial on 6/25 and filed the NOD a week later. VES came to his home for the c&p on 7/11. Ft. Harrison issued the SOC on 8/05 and I filed the VA 9 a week later. They certified it to the BVA on 8/11. I asked the BVA for an Advance on docket 8/28. I got it a week later on 9/09. They gave me the Board hearing on 9/18 but I had to bring the client here (Seattle) from Montana. Apparently, Montana doesn't do Travel Board hearings-just video. They issued the decision 10 days later on 9/28. This, ladies and gentlemen, is how VA justice should work. See? Being a pain in the a-- works. That's how I like to litigate. You are only limited by your mind when you set out to do something. Moser BVA grant 9-28-2018 redacted.pdf
  2. 3 points
    Well, Loyal, this was a Swift Boat twin-.50s tub gunner who carried a terminal diagnosis with a three year punchout date. His Montana State Veterans Affairs Officer had told him in 2000 he'd maxed out at 100% for PTSD so there was no reason to file for anything else. He had the extra 60 for his back since 1996 but nobody told him about SMC S. Fort Fumble must have "overlooked it" quite by accident as he was P&T. That was a big unpaid check unto itself nobody noticed for 18 years. Cupcake had his wife on her Real Estate website and they got to talking about Vets back in 2015. She had his wife tell him to call me. Three years later, when he did call me in May, he told me about the Prostate cancer that had metastasized into bone cancer in the pelvis & lower extremities. He got the 3-year briefing this March. I filed him for back SMC S first with a topper of SMC L for the LOU of the lower extremities. I also asked for, and the DRO blew off, SMC L for Aid and Attendance. The guy's knocking back oxycodone, MS and tramadol (plus Jack Daniels) for the pain. It makes him a bit fuzzy. He falls down a lot from no feeling in his legs. He has scars all over his arms from falling. His private doctors (he doesn't use VA), on September 7th, looked at his recent labs and said they were revising his three years down to six months. They did offer an additional 3 months if he wanted to go back on chemotherapy until he died. He politely declined and said he'd rather die with his hair intact and not puking during his last breath. He called me September 11th and gave me the new schedule. I called the DRO in Fort Harrison after I hung up with him and explained our problem. She cut a DEFCON 1 and faxed it to the BVA. I called them and got his AOD request faxed over. Next thing I know, my Travel Board gal here in Seattle called on September 13th at 1430 and said if I could get him here from Montana, they'd give me a 10 AM slot in front of VLJ Cherry Crawford five days hence on Sept. 18th. We put them up here at LZ Grambo for the night and did the hearing the next day. Their daughter ferried them up north for a week and took them home just in time to get the BBE out of the mailbox. I grant you I've heard of BVA rocket dockets, but this is my personal best. From the May 15th 21-526EZ to BVA grant was a meagre 136 days. I got the decision before I got the hearing transcript. I hope that's the normal for all of us by the time I punch out. Look up a--hole in the VA.gov dictionary. I'm pretty sure there's probably a picture of me by now. Remember those golden words. Leave no one behind...
  3. 2 points
    My claim was filed as a fully developed claim in July 2018, 2 weeks ago I was approved at 70% for PTSD my rating before that was 50%. MY total now is 80%, go figure. I am very grateful for such a fast decision, . It took me 7 years to get to 50%. I am grateful for all hadit posts, they helped immensely! Thank you all for info.
  4. 2 points
    This is Wonderful News! "It seemed like the VSRs and DRO never even considered any of my evidence. Apparently the BVA Judge thought so, too." Along with a vet getting a lousy C & P exam, this is the best way for the ROs to deny claims. In my BVA award the BVA stated something to that affect too. I should have filed CUE right away, but in those days I didnt even consider it. I have been using CUE ever since -when they violate 38 CFR 4.6. I cannot understand why vets have allowed the ROs to get away with ignoring their most probative evidence. In my opinion, it is a deliberate tactic. "I wonder if anyone at the VAROs ever reviews BVA rulings like mine with the staff. I'd like to think someone would get their noses rubbed in it when they screw up a claim so badly. I doubt it, but it is a nice thought." I thik the Secretary's staff should look into that.The proof is right at the BVA web site. It is systemic. I have one more CUE to prepare over a 2015 decision , I think it is the fifth CUE on the decision...And then I have to copy all of my decisions over the past 20 plus years and will send them to Secretary Wilkie. My VARO has ignored my evidence for every claim I have filed.Only by filing CUE , I corrected that and also the BVA award I got about 10 years ago.One CUE was filed by the VARO Regional Counsel. And one was corrected by an order from the OGC. But I am waiting for a copy of a posthumous C & P exam they did. In that case they did acknowledge the VACO IMO in the Evidence list but some quack manipulated medical points in the VACO IMO.Or, as I learned in a past situation, the RO never gave this C & P doctor the VACO opinion. Regardless, it was the worse C & P exam I have ever received.I an hardly believe a real doctor wrote it. I won that claim within a month under CUE but still the EED was wrong, I cued that, and I think the Secretary should see an example ( I have plenty) of how this type of incompetence has deliberately caused the backlog.
  5. 1 point
    Final update! I just signed into E-bennifits and the AB8 letter just got updated! I guess it’s really true!!!!! Effective date 1 May 18. My wife can finally breathe and give me a fist bump !!!!!! Champagne Anyone?????
  6. 1 point
    Maybe this will help you https://www.ecfr.gov/cgi-bin/text-idx?SID=d2f003512d5aedce7915d4aea9a977f0&mc=true&node=se38.1.4_114&rgn=div8 §4.14 Avoidance of pyramiding. The evaluation of the same disability under various diagnoses is to be avoided. Disability from injuries to the muscles, nerves, and joints of an extremity may overlap to a great extent, so that special rules are included in the appropriate bodily system for their evaluation. Dyspnea, tachycardia, nervousness, fatigability, etc., may result from many causes; some may be service connected, others, not. Both the use of manifestations not resulting from service-connected disease or injury in establishing the service-connected evaluation, and the evaluation of the same manifestation under different diagnoses are to be avoided. As I read it, and based on your post, if the vertigo is connected as a secondary to your TBI, then no it is not pyramiding. If you have other rated or documented conditions that your are trying to get vertigo connected to and or rated for then you enter the pyramid zone. Maybe Berta or one of the other wise elders here will chime in.
  7. 1 point
    If it is secondary to your TBI or any other SC condition (like hearing loss, etc)you could file it that way. Did your doctor attribute it to a service connected condition in the medical record? All disabilities and ratings are found about halfway down the VA Schedule of Ratings here: https://www.ecfr.gov/cgi-bin/text-idx?SID=e01889934e16ee0751373657d3b13a6e&mc=true&tpl=/ecfrbrowse/Title38/38cfr4_main_02.tpl
  8. 1 point
    You have two DD214's. Use the latest one or both. I have 5 DD214's. The VA uses the latest one. The VA home loan is a Federal program and the follow the DD214's. The Guard use a NGB form 22 as their DD214, and I found the following on the VA website for Reservists. "If you were discharged from the Selected Reserves or the National Guard, you must include copies of adequate documentation of at least 6 years of honorable service. If you were discharged from the Army or Air Force National Guard, you may submit NGB Form 22, Report of Separation and Record of Service, or NGB Form 23, Retirement Points Accounting, or it’s equivalent. If you were discharged from the Selected Reserve, you may submit a copy of your latest annual points statement and evidence of honorable service. Unfortunately, there is no single form used by the Reserves or National Guard similar to the DD Form 214. It is your responsibility to furnish adequate documentation of at least 6 years of honorable service." FYI, I have a NGB form 22 and the VA did not see it and it is not in my c-file anywhere. It's all about the DD214. And anytime I deal with the VA, I tell them active duty, even though 13 of my 27 years were as a part-timer in "The Guard". If it were me, I would use one of your DD214's you currently have, preferably the latest. The VA disability you currently have is based of a period of service that you already have a DD214 for. So, you should be fine with what you already have done with the VA regards your comp, etc.. Just my thoughts, Hamslice
  9. 1 point
    I think you mean the Chronic Presumptives- the link is in this thread: https://community.hadit.com/topic/45692-the-chronic-presumptives-in/ Storm is affecting my satellitye dish and I could not get the regulation link to open. This link might be better: https://www.benefits.va.gov/BENEFITS/factsheets/serviceconnected/presumption.pdf The Chronic Presumptions are under the second criteria but they have info there on all types of presumptives.
  10. 1 point
    Is it possible that this excerpt from the VA web site applies to you? “Note: Under certain circumstances, VA may conclude that certain current disabilities were caused by service, even if there is no specific evidence proving this in your particular claim. The cause of a disability is presumed for the following Veterans who have certain diseases. Presumed Disability Former prisoners of war Veterans who have certain chronic or tropical diseases that become evident within a specific period of time after discharge from service Veterans who were exposed to ionizing radiation, mustard gas, or Lewisite while in service Veterans who were exposed to certain herbicides, such as by serving in Vietnam Veterans who served in Southwest Asia during the Gulf War” https://www.benefits.va.gov/compensation/types-disability.asp
  11. 1 point
    ... how come we have to FIGHT it for years? And If this is true, how come when the VA loses records, the Veteran is at fault? Good read: Pro-Claimant_Paradox_Widener_Law_Rev_Article.pdf http://www.eagleveteranslaw.com/uploads/Pro-Claimant_Paradox_Widener_Law_Rev_Article.pdf
  12. 1 point
    I believe IMO's are gold in the VA process. While I have had little luck with the RO I have had great luck with BVA. I was service connected for a neuropathy twenty five years after the fact when a doctor wrote an IMO that showed a nexus with injuries I suffered in the military. He cited contemporary literature. I provided a letter from the Secretary of the VA that stated the my injuries could cause neurological consequences. A good doctor that knows how to write what the VA needs to service connect is well worth it.
  13. 1 point
    Wait for the SSOC and see what they say. Some good news is that cases at the BVA are supposed to be handled as of the Document date. Once it returns to BVA it can still be remanded again as mine was but it got handled quickly.
  14. 1 point
    As Broncovet, a more learned associate than I has pointed out we cannot answer for sure what your effective date will be. I myself am currently fighting an EED claim for SMC dating back ten years. The VA awarded TDIU back ten years that my case was being decided but they awarded SMC to the date of their decision. I do believe that the VA is not in the business of working fully in the best interest of the veteran though.
  15. 1 point
    63Charlie, Actually, no, the opinion/nexus letters were submitted with my claim before it got denied the first time. That's largely why I found it so hard to believe that I was shot down in flames, I had what I was certain was some awesome evidence. It seemed like the VSRs and DRO never even considered any of my evidence. Apparently the BVA Judge thought so, too. I would think you'd be better off to turn in everything you can from the get-go, just in case you get a reasonable and fair person handling your claim. I wonder if anyone at the VAROs ever reviews BVA rulings like mine with the staff. I'd like to think someone would get their noses rubbed in it when they screw up a claim so badly. I doubt it, but it is a nice thought. Best of luck with your claim, just hang in there and keep pounding them with the heavy artillery until THEY surrender!
  16. 1 point
    An IMO won an impossible case for me. I contended that the heat stroke I suffered caused my neuropathy, this was denied in toto by the VA even though a letter by the Secretary of the VA noted that a heat stroke could cause neurological complications. The doctor who wrote my IMO said all of the right things, including that contemporary medical literature supported this contention. And it only cost me $1500 from a local doctor.
  17. 1 point
    This forum is unlike any other in its civility, respect for one another and general helpfulness. Learn everything you can so you can pay it forward for others. Always remember, there was a time when I was dumber than the dumbest of you. Sadly, I remained that way from '89 to 2007. I summarized it crudely in the beginning with the logo Win or Die. Now we know how to win so there is no reason to die trying. My website teaches by finding really excellent examples of common errors. I respect each and everyone here for their interest in helping. Always temper that with the suffix "correctly". Collectively, using this site and mine, there is no reason to lose. Your contentions may fall on deaf ears for a spell but eventually, at the next or the highest level, you'll prevail. We always do or you'd see more folks here with never-ending sob stories--- after we gave them advice.
  18. 1 point
    Why is it they send it in the SSOC to sign from the AMO to waive it if they have a fast letter, they’ll forget exists?
  19. 1 point
    Claimants do not need to waive AOJ anymore- per Fast Letter 14-02 https://vetaffairs.sd.gov/veteransserviceofficers/Resources/Fast Letters/FL14-002.pdf If you are at the AMC, by all means send any evidence to them BUT make sure you send it to the BVA as well. My AO IHD death claim went through quite a rigamorale,from NY to Togus main, then to Seattle VA, and then at some point to the AMC, and finally it got to the Philadelphia Nehmer people. I had faxed stuff to the AMC and learned that their Fax machine was in a closet, and they never got it. I only had one BVA decision and it stated that evidence,which the VARO had, was never considered. But I had sent it to the BVA, thinking they might have removed it from the C file before the files got there. I mail everything to VA with a Priority mail USPS tracking slip,to make sure they get it. By now I hope the AMC properly accepts faxed documents but I stick with USPS.
  20. 1 point
    the a-holes at the va threw this at me, demanding to know if I drove there, and my wife attended 2 out of 3 c&p exams, but then the VA made me repeat 2 exams. the way they demean a person if they can make it to an appointment is disgusting. Also have been treated badly when I walk some days on morphine a few feet without a cane. But when I was a quadriplegic, and in a wheel chair or bedridden, they overlook that. My daughter said this to me when we discussed her future when she was going to start college. I will not go into the military for the way I see they treated you. She is very young, mid 20's, working on 2 master at the same time, and is a senior analyst at a Fortune 500. The military will not get people to serve if they screw around their parents. We had little help from the VA as they fought me the whole way. She has a lot of loans to pay for schooling. meanwhile, I was unable to help her as I lay sick in bed most of her childhood. I did what I could, but was too sick to function properly. Not going off subject, just saying the VA takes advantage of vets and twists everything in their favor. Duty to assist == >> 'My Ass'.
  21. 1 point
    https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5093 The new VA SRD for skin disability is found in the link within this press release.
  22. 1 point
    I can still hear my D.I.s and NCOIC saying be a man and HACK IT. Also to honor your commitment to the U.S. Armed Services. Now many years later, it all seems like a bunch of B.S. while I fight to get the benefits I am due and nothing more.
  23. 1 point
    Hello, I have a request. I would like to research all of the cases where the board of veterans appeals approved or denied SMC tea benefits. Apparently I have not been typing in the correct search results because I haven't found a whole lot of information. If someone has been able to find more information could you please post a link with some better results?
  24. 1 point
    My suggestion on what to do would be to pay all debt off, get 100% debt free. Put 10-15 grand in an emergency only fund and don't touch it unless it is a real no other option emergency. Learn to live debt free. Pay cash for needs. Be very careful not to classify WANTS as needs. Always refrain from impulse buying for wants. Think about it for 30 days and see if it is still a want. Most of the time you will forget about it. Take a little bit, go enjoy a nice vacation and get that out of your system. When the pressure of credit payments are over your head, it can be a heavy weight. Paying cash for needs can save a whole lot of money and you can end up having much more using your money to pay for things instead of paying interest on things. Just my opinion. I have been buried in debt before and am now debt free and man does it feel a lot better.
  25. 1 point
    Its my belief that they only have the right to do these drug test on you if you have signed a narcotics agreement/contract. Never the less the VA will never get another urine sample from me, from now on I will say I just went, sorry.........................
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