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  1. The VA is not supposed to "develop to deny", and Veterans attorney Chris Attig suggests including this language in your appeal: .a VA Nurse offers an opinion on the cause of a complex motor neuron disease she's never heard of... ...an Internist with generalized experience writes an opinion on the causation of a cancer ...VA Docs support naked conclusions with NO medical evidence ...VA docs use exams to Develop the Claim to Deny it (an illegal practice). This is more than a one off problem....junk science has invaded the Veterans Benefits System. The Court and the BVA ha
    11 points
  2. Tbird has very good info at the hadit Home page on IMOs. I reworked a topic I posted here some time ago.and maybe it can be found better now: Independent Medical Opinions can often be the only way a veteran or widow can succeed on a VA claim. VA plays a war game called the War of the Words. The proper wording of an IMO is critical to VA's acceptance of it, as probative evidence. Opinions obtained from private treating doctors are often free yet most independent medical opinions are needed from doctors with full expertise in the field of the disability and can be very costly.
    9 points
  3. Someone (VA?) is blowing smoke up your rear end. I can get anyone SC for anything at any time regardless of how many times or when they got denied or in which order. Here's a pertinent example. My Vet goes to Vietnam and loads caskets on departing C-141s at TSN for 8 months. He helps unload wounded from Dustoffs. Finally, it warps him and he begins snorting smack. The AF pulls him aside and gives him a one-time shot at rehab and a clean sheet. They evac him to Wilford Hall MC at Lackland AFB in San Antonio. He is cleaned up but his psyche is irreparably damaged. They 86 him and give him a DD
    9 points
  4. Just saw on E-Benefits that my Sleep Apnea claim as secondary to PTSD was granted at 50%. For the Sleep Apnea: - No history of sleep issues while on active duty or in STRs - VA Psych requested sleep study, Sleep Study completed by VA-Outsoursed Hospital, Diag. w/mod. Sleep Apnea and issued a VA CPAP in May 2013. - My private Sleep/Pulminary Doc completed Sleep Apnea DBQ & wrote nexus letter stating "Based on my evaluation of the veteran, it is my opinion that it is at least as likely as not that Mr OEF21B's diagnosed OSA is aggravated by his service connected PTSD. I al
    9 points
  5. 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
    9 points
  6. After 50 years I received a 100% disability rating. At 73 years of age I was awarded it about a month ago. Prior to then I received a letter from the Treasury Department stating they didn't have my banking info available if I was awarded a pension. Turns out they did. I had to call the number given to verify it. The gentleman I talked to told me how it can take 6 to 8 years for an appeal. WOW! That was depressing. He said the Washington office alone had 4 or 5 staffers and handled 30,000 claims. I wrote to Senator John McCain telling him what I had learned. With no reply necessary. I turned on
    8 points
  7. If you have applied for an increase and been denied, you might want to look at this to help you in your appeal: http://www.purpleheart.org/ServiceProgram/Training2011/T-4%20%20VA%20Errors%20in%20Claims%20for%20Increase%203.2011.pdf
    8 points
  8. 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 Ic
    6 points
  9. Just a month ago I hit 90% from 30%, literally a month later got more back pay and generated a benefit letter on ebenefits. They upped me to tdui permanent and total disability. I went from almost losing my house two months ago to being debt free. Thank you everyone who answered my questions and helped.
    6 points
  10. Everyone needs to understand these people are not our friends...I felt I was in court fighting a case..Be prepared and ready for all kinds of traps and loaded questions...they are out to stop giving IU to us veterans.and this guy said he was a vet...I noticed at the very end he wanted me to sign a statement saying how good he was.He even beat up my IMO on the record....Just "Beware"when going for these exams........
    6 points
  11. Geeky, this is a White House call if I ever heard one. I would have lost it half way thru. Un believable!!!
    6 points
  12. Once a claim is reopened, a claimant is "entitled to have his/her claim re-adjudicated on the basis of all the evidence of record, both old and new." Bernard VS. Brown, 4 Vet. App. 384, 390 (1993). So if VA denies a veterans claim then later the veteran reopens his/her claim and the claim is granted. If the veteran can prove that his or her condition reached a certain percentage by medical evidence, the veteran can get a retro payment for the Earlier Effective date but it boils down to the evidence that was in Va's possession at the time of the original claim.
    6 points
  13. Tip I learned recently If they send you a proposal to reduce immediately request a personal hearing within 30 days and file a new claim for increase within the 60 day period following and you will get a new exam before they decided on the reduction which gives you another shot to get it right. I received a proposal to reduce on 12/9/2015 and have all new exams scheduled for next week because i filed for increase again for the conditions they wanted to reduce. It confuses the heck out of them and they have to follow the rule most favorable to the veteran.
    6 points
  14. rcorluvpr "Copy that and reading you 5 by 5" Just to let you'll know, my morale is much higher these days that my claim finally came thru (FDC Less than 12 months @ 80%) with all of that hard work paid off. In a word, I'm very "thankful' to you and everyone else that helped me along the way on this emotional roller-coaster ride. I did 13 DBQs originally to try and jump start the process and learned a great deal from this awesome board and the hadit.com contributors. I also learned a lot about what "can and does" go wrong with a Vets Claim while in the process. I must say that I was ver
    6 points
  15. Navy04 The VA knows a 65 Vietnam vet is probably so sick when he gets 100% he will be dead in a few years. The 65 year old RVN vet went 30 years with nothing but abuse and neglect and then when he is half dead gets 100%. We RVN vets were 21 years old once, and felt just like you do about WWII vets who ruled the VSO's and ran the VA. I remember one WWII vet telling me we RVN vets were cry babies. Nobody ever told us we were the guys with white hats. We were the official psychos and misfits for the media to feast on, so if we get benefits today we earned them. I don't get m
    6 points
  16. I am down to do $25 a month starting next month.
    5 points
  17. Moderator, you might want to Pin this somewhere, as this seems to be a recurring trend. I have given out this information to others, but I will post it here so that others can find it rather than searching through the forum. First and foremost, claiming and getting sleep apnea secondary to PTSD or Mental disorder is not easy. I have personally seen more lost than won, however, it can be obtained and I myself have personally received it. If you had sleep apnea diagnosed while in active duty, it is usually a slam dunk........for the rest of those trying to get it, it could requi
    5 points
  18. 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
    5 points
  19. Bob was a Naval Radio Intercept Officer at the Consulate when the poop hit the fan in Hue during New Year's '68. He got his first V for Valor that week and learned how to operate a M 79 too. He may be Navy but he's my neighbor and he's a Vietnam Vet. Enough said. I took him on in Spring 2017. I didn't do it for the money as much as I did it for the mental exercise in calling b---s--t on the VA examiner. They whacked Bob from 100% for myelosuppressive disorder (MDS), a nasty form of leukemia from Agent Orange, down to 10% for anemia. He got his bone marrow transplant from his sister but
    5 points
  20. This is a short article from 2015 which discussed how the Caluza ruling introduced adversarial factors into the VA's non-adversarial claims process. Daniel L. Nagin, The Credibility Trap: Notes on a VA Evidentiary Standard, 45 U. Mem. L. Rev. 887 (2015). https://dash.harvard.edu/bitstream/handle/1/27814585/Nagin_CredibilityGap.pdf?sequence=1
    5 points
  21. My name is Linda. Alex agreed to help us with my husband aid and attendance claim. After zero help from va and other veteran organizations, my husband found Alex on this forum. Although we have been difficult at times, Alex has been on our side and shows this wisdom in all communications. We trust him and know our appeal will be eventually grAnted. We also believe Alex will endure my husband receives every benefit he deserves. Happy new year to all and when you are at wits end with va, you have a sincere and strong advocate with Alex.
    5 points
  22. A couple months back before I received my decision I started preparing for the appeal I knew I would be filing. That is how little faith I had in the VA caring about we the veteran. One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing. I could not understand for the life of me why so many obviously bad decisions were being handed down. I think the bottom line is that the wrong type of people are hired as raters. I think raters should have some kind of legal
    5 points
  23. I am in the same boat as you @Vync It also sucks to know it will not get better, but only get worse as the years go on. I am now trying to set myself up to do what i can when i can and not over do it! I will say that is very hard for me as I have never had to ask someone for help. I was always able to Ogre my way through things. I hope one day they find a way to fix a few of these issues.
    5 points
  24. Amazon Prime Membership Discount As part of a Veterans Day special to honor those who have served in the U.S. Military, Amazon is proud to offer $40 off one year of Prime membership to all Veterans and active military from Nov. 6-11. The Veterans Day promotion discounts the Amazon Prime membership fee from $119/year to $79 for one year. This is a one-time discount and the membership fee will return to standard pricing upon next annual renewal. New and existing Amazon Prime members are eligible. If you are a Prime member, this purchase will extend your membership by one year. Visit the link
    5 points
  25. Hello all, It took me years to finally submit my first claim to the va after exiting the service in 2012. I had no idea what I was doing and had no idea that I was entitled to anything, I just knew I had problems and they were getting worse. I started out getting rated 30% in 2016, then got to 70% in 2017. And finally this month I was officially rated 100% sc. I keep logging in to make sure the rating is still there. 10% tinnitus 30% IBS 100% PTSD And a few more still pending. I still have to battle for P&T but I’m grateful to have a site like this with fe
    5 points
  26. I'd like to thank Theresa for letting me help other Veterans on this site. Some eventually come over and ask for representation if they keep losing. My Vet Ed here was not one of them but he regularly read the site posts The other three last week all began here. Hadit.com is an excellent resource for those novices who know very little and are eager to win their claims. For those who cannot fathom the ins and outs, there are always folks who will carry the water. I'm honored to be one. https://asknod.org/2019/09/05/vba-portland-ed-the-lrrp/
    5 points
  27. So I got the news this past Friday that I've been awarded 100 P&T after my last series of ratings that were in process (still have 2 deferred items). I'm in such shock that I was able to accomplish it on my own (with the help of HadIt/Reddit -- my VSO didn't lift a finger to do any work for me), especially after being told for several years that without any copies of Service Treatment Records that I couldn't file a claim. I got out of the Army ~9 years ago just happy to have a DD-214. I attempted to get copies but the shoddy medics at the Aid Station where I out-processed said that I di
    5 points
  28. I filed my first VA claim in 2013. Most of the claim was denied however I did receive a 20%sc which shortly after changed to 40% after they ruled on another item that had earlier been deferred. I immediately filed an appeal and shortly thereafter another claim for new conditions. The new claim was completely denied and I immediately filed a second appeal. Hoping I would win one appeal and be able to reach a 70%sc and qualify for TDIU I went ahead and applied for TDIU even though I was still just 40%. I figured I might at least be able to get an earlier effective date if approved. It too was de
    5 points
  29. July 11th? Do you have a time machine?
    5 points
  30. I just wanted to share that sometimes we need to be a squeaky wheel to get our BVA cases moving. I had filed an appeal to the BVA October 2018 under the then RAMP program. I had also filed a FOIA request for my complete C-FIle. The FOIA request was completed mid March 2019, unfortunately the pending FOIA case had caused my appeal to fall out of processing (originally my appeal showed to be with a judge since 1/7/2019 with an estimated completion of 1 - 2 months) . I had called the BVA 800 number back in mid May wanting an update and at that time I was told my case was with FOIA. I informe
    5 points
  31. You are not alone! You will never be alone! This trauma caused you pain in a way some of us here will never understand. I have had my own demons to slay over the years some I knew I had and others were so ingrained I had no idea how to deal with them. This story has nothing to do with your experience, just to give you some tools to deal with trauma. I was born into a Cult. I was brain washed from a very young age. The abuse to place over 18 years until I finally left. I had to leave behind my 11 siblings where I was living(Knowing I would be allowed to have a relationship w
    5 points
  32. I first found this forum after I started my claim Aug 7, 2018. This was 10 years after my discharge. I had done everything I could to stay away from the military after my experience and had never even been to the VA before this year. I prepared my claim myself and was concerned I would be denied. I posted my c and p exam results here October 31, 2018 and members commented on their thoughts of success or failure, and said I would get about 50%. I then took my exam results to the Veteran rep here at my local unemployment office who told me ultimately I would be denied and should appoint a repres
    5 points
  33. You can immediately ask for a different doctor to do the exam. When I say 'flawed', I mean the examiner did not have the expertise to opine on your claim, or the doctor did not have any of your medical records, to include SMRs in many cases, or the doctor failed to consider any other probative evidence that you moght have brought with you to the C & P yet the doctor didn't want to see it--- or the examiner LIED. There are probably many more reasons why an exam can be flawed. This AM I received a call from OAWP-VA-DC, as to the ongoing investigation they are doing
    5 points
  34. First and foremost, it would always behoove you to write out support of claim statements for each and every contention that you are filing a claim. Make sure to bring a copy of this with you to your exam. It would be highly intelligent to have any paperwork that would be critical for your examiner to have pertaining to your claim on hand with you when at your exam. Case in point, when I went for my sleep apnea exam, my examiner stated that they couldn't find the sleep study. I knew that it was in VBMS (the system that stores all documents and the system that VSRs and RVSRs aka raters use to pr
    5 points
  35. 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
    5 points
  36. We are all heroes my friend. We were lucky enough to survive. I applied back in 1997 when I was homeless and received a letter stating I had just received a Social Security Disability award. The letter stated from VA was that I was not entitled to a VA Disability Pension because they were both government programs and that I couldn't collect both at the same time. Fast forward 20 years later and it worked out for me. I got lucky. My Examiner was contracted with VA I believe only one day a week. Fridays. She was a good listener. And I had quite a lifetime story to tell. Plus a lot of proof of my
    5 points
  37. Consider yourself blessed. My DAV experience was the exact opposite.
    5 points
  38. Like the others, my DAV service was "less than acceptable." The VSO's must take an oath that is something like this: ONCE YOU HAVE SECURED THE VETERANS POA, you will not return that Veterans calls. Call another Veteran, and get him or her to sign a POA instead. Its incosistent with the DAV's goals of getting as many POA's as possible to return a Vets calls. And, if the Vet calls you, tell the Vet you are too busy to talk to him right now, even if you are doing nothing but playing solitaire. Head honchos at DAV make 350 k per year. I doubt they wait 5 to 10 yea
    5 points
  39. From what I've read on this forum, and what I've personally experienced, the section of ebenefits that reports the status of claims and the status of appeals is like reading tea-leaves. Yes, it does give you an idea of where your claim is at in the process, but it seems dated. In addition, as you progress through the stati, you may find your case moving backward at times for no apparent reason. Most hadit folks will agree that while ebenefits is a habit, you would do better to get a hobby and wait for the big brown envelope (or BBE), or cash in your account.
    5 points
  40. First, I really do not like responding to old post but this particular post is very important. The highlighted part is what I have been saying for years. Veterans have to build a good rapport with their medical doctors. It doesn't matter what the condition is, when a veteran is feeling the symptoms of his/her illness s/he must go and see their doctor. The doctor need to see the veteran while the symptoms are going on making the doctor a witness of the fact that he/she (the Doctor) not only treats the veteran but has actually witnessed the symptoms and can be a very powerful ally in fighting V
    5 points
  41. broncovet Although the VA Paid for the exam they still don't own us and we have a right to any information they get on us. usually 2 weeks or so after a VA C&P Performed at the VAMC and confirmed a veteran can check with information & records release desk if a C&P is contracted out such as QTC, Then usually after a decision is made or close to 30 days the Veteran can go to his VBA (Veterans benefits Administration ) office and request the C&P Results report they can make free copie's....that's what I did. I advise a veteran to get his C&P ASAP and
    5 points
  42. If I may interject an additional opinion. I believe that using his services at the very least will strengthen a claimants case. Utilizing an established doctor obviously would be stronger, just as a specialist in the field of your disease or injury. It's probative evidence. It can't just be ignored. Also his opinion will tip the scales in your favor. The VA will try and will get away with it if you don't challenge them on it. Food for thought. JMO
    5 points
  43. 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
    5 points
  44. if they do lowball your rating for it you can... 1) Appeal that 2) just start going to va for those symptoms especially. i recommend doing the Secure message transcription so its not lost in the sauce. Before every appointment list out ALL the symptoms you think are associated with the condition so its logged in your medical record. Then have the appointment. Repeat repeat repeat. Then after a year or so, apply for an increase. This way they cant ignore that you HAVE REPORTED THE SYMPTOMS.
    5 points
  45. Since March 25th, the only place to submit new evidence are the approved intake centers in Cheeseville, Wisconsin and Newnan's own in Georgia. If you are filing an Extraordinary Writ of Mandamaus, however, the need to inform the pukes at your Regional Office demands you send them an invitation (in duplicate) to the hanging personally. We're going into a whole new world of VBMS litigation. Everything is going to be in a word-searchable .pdf format to help the poor raters find that which you file. For some reason no one has been able to determine, VA raters have poor vision and even poorer sleu
    5 points
  46. Yeppers. Mine is in Detroit and I'm in Seattle. However, he's flying out here next Wednesday because VA decided to schedule a Travel Board Hearing on a two week notice. Far too sneaky. Funny how the Extraordinary Writ lit a fire under Secretary Bob's ass after the telephone call fell flat. Even better, it's for my VR&E $50,000.00 ILP greenhouse request and another 100% schedular rating. Old Bob isn't going to get any more shekels out of it except for EAJA fees. I suppose I could cut him in on a percentage of my winter lettuce production though... Seriously, I hope the American Legi
    5 points
  47. Welcome here JonMac. I decided to write a book myself ,on the VA. But I feel the only people who would believe a book about how capricious VA can be, are veterans themselves, as the public in general doesn't have a clue on how miserable the claims process is and if they dont have a disabled vet in their family, they dont give a damn anyhow. Our member here, Asknod, has been published as well..... Vets need all the help they can get.
    5 points
  48. Well, not exactly. The RO is tasked with making sure everything is in order and then issues the Form 8 certifying it as ready. Only then is it entered into VACOLS. The BVA, however, issues the docket number after it arrives in DC physically. If you ask for a BVA Board hearing, the certification doesn't occur until after the hearing (one year). Any submission of evidence w/ a Form 9, unless a waiver of review in the first instance is filed with it, provokes another year of waiting for someone to take another gander at it before they issue a SSOC. Even then it can languish for a while ( a year
    5 points
  49. Total costs for the IMO was quoted and paid at $1500.00; nothing else was asked for at all and it seems like they do this often on the side. This cost for IMO was also true for Dr. Bash. I had a few other quotes in the realm of $3k-5k dollars. Honestly, this it what I would expect from a medical expert. When I was working with attorneys, expert witnesses were almost $1500 a day, and about 2k-5k dollars to write a report for the case. My reasoning in getting the IMO was that after having the VA look at the wrong records (cited as 13 years before my birth), denying all my claims except o
    5 points
  50. I would be very interested in knowing if Dr. Anaise's reports are helpful. He has been calling my firm a lot lately. We are usually very careful about what experts we use - so the VA doesn't "burn" them. Please share more feedback on Dr. Anaise on or off list. You can always reach me through a "Mail Call" submission on my site. As for the cost, our overage fee is usually in the $150-$1500 range, although the cost varies widely depending on a few factors: 1) level of expertise required (a forensic pathologist for an accrued benefits claim can easily reach the 5 figure range, where
    5 points
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