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Showing content with the highest reputation on 01/10/2020 in all areas

  1. Look up painful scars and see what the rating might be. Scars are difficult because they require to be a large surface. If you think it’s worth the percentage I would write a request for a new c &p due to the the fact the examiner wrote no pain when you specifically stated it was painful. I would also do what Shrek said see the Chief in charge of C&Ps first. But it may not be worth doing anything.
    2 points
  2. Since you mentioned ethics...may I remind you that if a veteran is charged and later convicted of making false statements in order to obtain financial gain, the penalty is severe. On the other hand, when VA employees/proxies make false statements to deprive veterans of their benefits, these falsifications are used as evidence against a claim and VA employees are actually rewarded by the VA for their productivity through bonuses given to employees whose lies fraudulently steal benefits from veterans. BTW...this rampant policy of VA bull sugar is why myself and many others have huge h
    1 point
  3. That is the plan for now. Thanks for the encouragement! Until I get the actual denial, Ill do some brain storming and research based on his opinion and stand fast. Now, I understand it is possible the VARO still weighs in my favor due to the evidence I have and continuity it shows. I even mentioned in my statement the topic the examiner brought up in his opinion regarding the note about me being told my knee was the issue and no exam or imaging was done to verify. Ill be sure to upload the letter once I receive a decision.
    1 point
  4. Continue getting PTSD treatment at the VA with the shrinks. You boss/supervisor isn't going to do that, but everytime you leave work or have a margarine fill it out on your 99 cent store composition book. Looks like you need to start seeing a neurologist for your margarines. And for your joints go see a physiatrist. So when you see these docs you can show them this composition book and have them initialized it on the day of your visit.
    1 point
  5. So It looks like you already found a hole in their logic. I would keep your fight moving forward with an appeal. You may need an IMO from a medical professional to help push it over the line. I would still get your Lay statements and submit them when you appeal. I would also check your C-file again as you would be surprised what is missed in them! You can win this, just keep asking questions as you move along!
    1 point
  6. The system is broken. The VA hires medical people to do inadequate exams, that are incomplete, way too short of time for the task involved, without complete medical files to review for the C&P, sometimes by people not qualified to make appropriate evaluations because of lack of expertise, and somehow, if we get an outside medical opinion to support the veteran's claim, that is wrong??? It's the VA's systems; you have to play by their rules. It is allowed. If you need extra help, it's allowed and you don't do it, you're stepping up to the plate with a strike already called before you get i
    1 point
  7. This is the form, as widow, that she needs to file: https://www.vba.va.gov/pubs/forms/VBA-21P-534EZ-ARE.pdf A form for accrued comes with it- But she could file an Intent to file first: https://www.va.gov/vaforms/form_detail.asp?FormNo=21-0966 That would give her time to get his medical records etc. I had to file a different accrued form but I think that is because I already have DIC ( I fied 2 CUEs on the 21P 534 EZ) and have already been substituted as the claimant long ago I will check tomorrow however if widows/widowers still have to file for substitution.
    1 point
  8. Yes, very helpful. So the procedure was at a VA hospital, so there is one hurdle out of the way. He was not service connected for the heart, just some joint issues, and asthma. He was diagnosed for OSA, but did not have a chance to complete the claim for OSA secondary to Asthma. He has an intent to file still open but my understanding is that is a "no go" because the spouse can only continue that, if he had submitted the actual claim. Yea I know the payments would not be made for the 100%, but dying while rated 100% service connected vs 60% non service connected would make
    1 point
  9. Your paying for them to review all of your medical evidence and state their opinion and they have their license. Your a random person in need of evidence it not their job to take hours to go over your records and give an educated doctors opinion... 10k is way to much I agree
    1 point
  10. Checked status and the VA is currently making a decision. Estimated completion date: Feb 12, 2020.
    1 point
  11. I think brokensoldier has missed the whole point of my post on the subject of non treating private doctors IMOs. Except for family doctor whose a long time friend I don't know of many private civilian doctors that do anything for free unless they happen to be your paid for treating doctor collecting payment from you or your insurance to provide you with health care and many of them will still not provide nexus letters or DBQs. This should be as clear as a glass bell. Good grief.
    1 point
  12. I was helping a widow of an ALS victim get benefits from the VA. She decided to use a VSO also. When she filed a FDC the VA denied her as for some stupid reason the death certificate stated they were separated at the time of his death. I requested that she cite CFR 3.214 in that she was his spouse but they filed a Supplemental claim with a revised death certificate and two buddy letters. The claim finished last week and she received back pay for about a year and begins receiving benefits this month.
    1 point
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