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  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
    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.
  9. 3 points
    1454th Soldier Welcome to Hadit. As you know, you need 3 things for success: a current diagnosis of a disability now; an event or illness that happened in-service, and something called a nexus to link the two. Did you have documented in your records sleep issues and/or depression or mental health issues? If not, since you can't prove s-c directly, the only way is as a secondary condition. I am not a doctor, and my guess is you aren't in the medical field either. So you will need a strong independent medical opinion (IMO) that your depression is the result of your tinnitus. Just making the claim isn't going to fly. They need a medical opinion based on evidence from a medical professional. But before you do that, you have to have a diagnosis for depression, or some other mental health condition. It is possible you can get them both from the same doc. I don't know of anyone personally who did this successfully, but I have heard of it being done. Sleep disorder second to tinnitus? Don't know. You have to get another specialist for that. The doc has to come up with medical evidence to prove the point, from medical articles and journals, etc. and say that " based on ... it is at least as likely as not your depression is secondary to tinnitus," or words similar. It would greatly help your case if you do the research for yor doc and present him with some options.
  10. 3 points
    @11cvolley, there are some things that people are jealous about and one of them is a disabled veteran's pension. That is why I rarely tell someone I am retired, let alone at 100% VA. If you are receiving disabled veteran's 100% pension there is a whole lot of people that would like to be in your shoes, what they do not consider is that to get such a pension you paid a dear price. I myself would much rather have the health that I had before I was disabled out of the military. I would give my disability back if there was some way to treat my condition. As a wise old veteran's counselor told me one day you earned your disability and do not let anyone tell you different. You signed the line saying you would put up even your life to defend your country and somewhere along the way you were injured and disabled. The hard fact of the matter is that while some veterans may scam the VA most of us paid dearly.
  11. 3 points
    This all looks great but isn't it just another shell game? VA lowers the legacy appeals by denying or remanding the appeals giving the claims a date that falls under the VAIM(AMA) or the appeals go to CAVC or the veteran drops his/her appeals. The wait games seems to start all over at the CAVC and under the New Act. Since my appeal was granted that means I still have to wait.
  12. 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.
  13. 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
  14. 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?
  15. 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.
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. 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.
  21. 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.
  22. 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!
  23. 2 points
  24. 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.
  25. 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.
  26. 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!
  27. 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.
  28. 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.
  29. 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.
  30. 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.
  31. 2 points
    As far as your PTSD and migraines, one improving and one getting worse, the VA is very subjective on these decisions. A lot depends on how the doctor writes the C&P and how good a day your rater is having. It is unfortunate that it happens this way but this is how the VA works. In the migraine decision it worked out in your favor, in the PTSD opinion it could hurt you later. Keep your appointments and your medication on schedule. The VA usually sees not having appointments and not taking your medication as an improvement. As for losing your job it would have been better if you stayed to the bitter end (that information is for anyone else reading this and still employed). Then you have documentation of losing your job due to your service connected disability. I would file for TDIU and request your supervisor and/or human resources to write a letter detailing how your disabilities make your work substandard. If you file for TDIU they will send a letter to your employer anyway. I went on FMLA and then was terminated when my doctor said I could no longer continue my job. If you are denied then appeal to the BVA when necessary. Some people get TDIU on their first try, it took me ten years. Good luck awgv001.
  32. 2 points
    I was rated for migraines ten years after service with evidence that I started having headaches after a heat injury. If you have evidence of headaches in service and a current diagnosis of migraines it is not an impossibility to get rated. You need evidence that you had headaches in service, that you are having migraines now and you need is a civilian doctor to say that your migraines are related to your service and provide you a nexus, "it is at least likely as not that he patient's migraines started in service" or something along those lines. If you are denied and you have all of the three requirements I would appeal to the BVA.
  33. 2 points
    You will need a nexus ( Medical Opinion) with a good medical rationale that connects your already service connected disability to any claim you choose to file. As any claim, no one knows how VA will rate them but a good medical opinion will win even if you have to file an appeal.
  34. 2 points
    Difficulty on successful claims all depends on the claimant, and if the VA decides to follow laws and protocols. I've not had a secondary claim connected to tinnitus, but if a doctor can provide a medical rationale, and their medical opinion that such and such is linked to your inner ear squeals, more power to you. Insert Meme.
  35. 2 points
    @11cvolley I suppose it all depends on what you want done about the situation. Like @Vync said, counseling is helpful, my wife and I had several "thin ice" times during our relationship both before and after marriage. We have done counseling together. If it ever came to be that us remaining together would be negatively impacting our lives, and in turn, our children's development, we have agreed to deal with issues between each other in a constructive manner with mutual respect for both parties. There are many times over that these situations resolve with bitter resentment though. Gotta sit back and ask yoruself if you feel worked up...."In 10 years, will it have mattered/made a difference?" We're not therapists or experts, to my knowledge, and so it goes without saying that I'm happy to lend an ear to a fellow Vet and their troubles. As for the issue of their knowledge of your disability, if they are more concerned about the money coming from you, rather than your well being - What kind of light is the situation now under? You are not a mooch. You meet criteria for benefits paid to you for (serious) life-changing circumstances, whether they believe it or not makes no difference, and their hurtful words are more "putting you in your place" and controlling than ever should take place in a relationship of equals. If I'm off-target folks, I apologize, as this is a tender spot for me.
  36. 2 points
    I feel the same way. Having a three year-old little boy, I would give anything to have my pre-injury health so I could do more things with him. I have been there and done that. One thing you must realize is you cannot force someone's heart to change. If they are too obstinate to realize that a P&T rating also benefits the child (CHAMPVA, Chapter 35, etc...), then I would not bother trying to convince them otherwise. Ages ago, I was in a relationship to a person who developed a toxic and controlling personality and also had a young child with them. I borrowed some advice from a fellow veteran who was in the same situation when filing for divorce. My contributions to the child's college or vocational education would consist solely of my VA benefits and they would be responsible for everything else during school until the child graduates. Years later, I came to realize that was one of the wisest decisions I ever made regarding my child. If you are not doing it already, it might be helpful to schedule an appointment with the VAMC's mental health clinic. I worked with a counselor for a while and eventually learned it was easier to keep the relationship focused solely on the child. Any time I was on the receiving end of bad breath, I just blew it off. Eventually, they realized it had no effect and it stopped happening.
  37. 2 points
    I think I have to agree with Pete here. I have an NOD that is supposed to take two years for completion. I am at somewhere around a year and a few months, I try not to dwell on it and look it up. I think they are punishing the veterans who stayed in the old system. I have never seen an NOD take this long before.
  38. 2 points
    I saw it. Just wondering if the % of denials went up significantly to reduce the backlog? I guess even that could be plus;it's a quicker time to start your appeal!!!
  39. 2 points
    -2 points on me for being tardy with the roll call It's March! Gonna be a busy month for me and VA stuff, and I'm actually looking forward to it. I had 2 re-exams last month, awaiting results from those, and another exam this weekend, followed pretty closely (potentially, ebennies shows about 3 weeks away) with a new decision. Then all that's left is awaiting the BVA for a claim on appeal! Bring on the open-window weather!
  40. 2 points
    Remands like C & P exams can be tricky, they can span over years and C & P examiners give their own medical opinion which can differ over time. Make sure your records are up to date and make sure you get a current progress (symptoms) report. Some symptoms can be chronic and some symptoms wax and wane, as Ms. Berta said "try to get the evidence BVA is looking for" and get it in your file and or send it to BVA and the VARO. This is a good thing, it is a lot better than a denial.
  41. 1 point
    I had a similar situation where the diagnosis on a medical visit was redacted. I had similar thoughts of sabatoge, but I learned all physicians information is redacted out too. The diagnosis was close to the physicians name. Careless, but not malice. In lieu of the redacted information, the original copy still should be present. My situation worked out, but it did worry me in the beginning. Try to access the c-file and see if the original copy is non redacted.
  42. 1 point
    OK, I did have a VSO. I had to fire him after a few years because it felt like he was a part of VA. He even told me to drop my claim. I decided to fire him and go on myself. Now I did get a lawyer for CAVC and he and VA lawyers agreed that my claim should be service connected. So my claim was remanded and he was gone. The rest was BVA granting my claim and my VARO low balling my claim due to the fact that I was already 100%. Even being rated 100% scheduler, there was the retro/back pay that was very interesting to me. I don't know when or how long you worked for the VARO but remember all those employee's contracts you signed to keep your employment and to agree and go alone with whatever your coach/supervisor/management decided. I have seen the whole picture. I will admit that there was a mistake in my claim but no one wanted to correct it. Even before my claim went to CAVC, I knew it was military related by all of the evidence I had in my military records and my post military records at the VAMC. I may be stupid but I am not that stupid. What really got under my skin to make me fight so much was an individual at the VARO that lied and I know they lied straight to my face to discourage me. I even think this individual removed documents from my file but they were too late because I already had a copy of my file completely date stamped. When I filed my claims I always made copies from my personal copy and submitted them as evidence. Evidence don't lie and continuity will kill any negative report. I could go on but I guess the bottom line is get mad, get really mad and then channel that negative energy into a positive energy and fight for what you think is right. I always did like the underdog.
  43. 1 point
    I agree 100% with Shrek; file now. Do you have any side affects from meds the VA is prescribing for IBS. If you take meds, look up their cautions on Google; if you do have some symptoms, include those as disabilities as well. It would be helpful if you talked to your doc and ask, hey doc, does this xxx drug cause my xyz issues or at least contribute to those conditions? If the doc says yes, then ask him to put it in your process/procedure notes. Add that to you claim as well as a medical issue/journal that says the same.
  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
    VA in their wisdom loves to decrease veteran's migraine ratings because VA knows that some veterans will not appeal. This is call a "Mischaracterization of the issue on appeal". I posted it somewhere here on Hadit. VA think they can get away with this, VA must not only give a veteran time to respond to their proposal to reduce. VA must also give a good medical rationale that your migraines have improved and they must prove it. A simple C & P exam is not evidence that your condition/disability should be reduced. Your 30% should be restored and your increase should be granted if your migraines have gotten worst. If you have had a 30% migraine rating for five years or more they have become static and there are rules for reduction.
  46. 1 point
    You can also get in idea of how many claims are backed up at your regional office by looking here: https://www.benefits.va.gov/REPORTS/detailed_claims_data.asp#Reports and then look for the date you want in 2020, then on the last page of the report that opens up is the listing by Regional office workload.
  47. 1 point
    I checked my audit request, which is still pending at the VA and the two CUEs I filed already, if the audit result continues to be wrong. Those CUES are on the same audit issue: #1 CUE under 38 CFR 4.6 for failing to consider OGC Pres Op 08-97 regarding my AO Nehmer AO IHD award and failure,under 38 CFR 4.6, to adjudicate my 2004 IHD 1151 CUE claim. # 2 CUE under violation of 38 CFR 4.6 regarding my evidence ( previous acnowledged by VA)for my AO HBP death claim. I also added another theory of entitlement claim: Claim for my dead husband;s "essential" hypertenion due to his exposure to AO in Vietnam, I added two BVA awards as to their legal statement regarding the NAS/NAP report, Sec Wilkie is considering if he ever adds more AO presumptives , I also enclosed my IMO from VACO that awarded my FTCA case,regarding his HBP among the other malpracticed conditions, all of which contributed to his death, and a print out of a VA statement regarding providing scientific and medical evidence to support AO claims.I provided both. I also figured out the monetary values of the CUEs and the HBP claim, and sent that to them. I reminded the VA that I am still eligible for accrued and fall under the Nehmer Court Order. Maybe that will help someone else. I also sent them copies of the decisions containing the CUEs and stated in brief detail what the violations were in the decisions and how it all had manifested an altered outcome to my detriment.
  48. 1 point
    Even with a good IMO/IME the rater will still ignore the evidence you submit. This is something I am repeatedly learning. For lack of a better word and I hate to say things like this but I think they are just lazy. There could be an argument that they are short staffed and undermanned and when you add that to the pressure of needing to quickly complete claims things could be missed. The problem here is that the errors should be made in favor of the veteran and not against. My claims have an IME that was for every disability that was claimed. My recent Supplemental claims was closed this weekend and I was only awarded 10% for Bilateral Pes Planus. There were 10 claims on this supplemental including "Bilateral Pes Planus with Plantar Fasciitis" which was diagnosed in service. They gave me Pes Planus and completely ignored the Plantar Fasciitis and on top of that I submitted Private Medical Records showing cortisone shots for treatment of my Plantar Fasciitis. So a clear error was they did not adjudicate the Plantar Fasciitis.....that is just one of many I am sure. My C&P exam for feet was bad and they completed the supplemental claim before I could challenge the exam. I think this was intentional because early on they gave me a C&P exam for my back and 30 days later I was able to review the results. The examiner did everything wrong and made things up that I never said. This is contradicted by the lay statements I submitted when I filed my claim so it is proof that the examiner never reviewed it. Hell he did not even use a goniometer. Well I challenged this exam submitting a memorandum to the VA and it was completely ignore. Nothing was done about it. It will come to bite them in the ass because it was a matter of record and no matter what they still have to account for it. I am going the BVA route and I am hiring an attorney. While I think my claim is a slam dunk I learned there is no such thing with the VA and I am going to have a qualified seasoned veteran take care of this for me even if I have to overpay. Getting 70% to 80% of something is better than 100% of nothing.
  49. 1 point
    @Bedells, I would challenge this exam. I have suicidal ideation and have had for a while. I have never been threatened with immediate hospitalization if I answer yes to this question. I have spent time in the VA ward though for mental health. I was voluntary, not involuntary, I was invited for two weeks. My wife handles my finances and I have never been threatened with a fiduciary. I believe this examiner was playing a game of hardball with you. I do not do well in such an environment so you handled it better than I would have. I most likely have blown a gasket, which I have done before and been flagged for before. You handled it well, now ask for another exam and explain why if asked.
  50. 1 point
    In addition to your possible contamination exposure to Agent Orange there are veterans who have been exposed to some of the other chemicals you have mentioned used to clean aircraft parts and are known to cause delayed long term disabilities and they have been service connected for this chemical exposure. They usually have to prove by medical and or other documentation such as MOS, duty station orders, and time and place of exposure, etc. as this may not be presumptive such as AO in Vietnam. Because of the many and varied illnesses you have for a claim I suggest you try to find (if possible) an accredited and motivated full time professional VSO (DAV, VFR, Legion, etc) that are located at VA regional offices and are paid full time for this assistance at no cost to you. If you are suffering from any king of spinal, bone or paralysis and maybe your loss of use of limbs you can try the excellent Paralyzed Veterans of America (PVA) that are also found at the VAROs to represent you. If you live far away from a VARO you can use email, fax, phone etc. Never send any original documents or your only one copy to the VA or a VSO. An intense Google search usually finds many answers I am looking for including complicated veteran disability issues and I will check my reliable large NVLSP manual on Veterans disability claims for you soon. My above information is not legal advice but based on my 30 years of personal experience filing claims and appeals for myself.
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