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Showing content with the highest reputation since 02/11/2011 in all areas

  1. 29 points
    Greetings: I am grateful that one afternoon a few years ago, I Googled "I've had it with the VA". That simple "search" born out of utter frustration led me to "Hadit". And there it all started! As of two weeks ago, I'm rated 100% (long overdue). And, I am still NOT done with the VA. For those looking to do there own research I offer this process: Obtain your Military Service and Medical Records by mailing (certified, return receipt requested) an SF-180, found here: http://www.archives.gov/veterans/military-service-records/standard-form-180.html Obtain your full VA treatment records from the "release of information" window at the center you receive treatment at. Review the CD-rom (PDF file) for all CHRONIC medical conditions, treatments, and diagnosis - chronocity is critical! Identify the incident, event, or situation in service that "caused" this condition. If it's in your active duty medical records that's extremely valuable. If it manifest after service you'll need to find a way to "connect" it to service - the "nexus". Next search USC 38 part 4 for your CHRONIC DIAGNOSIS, found here: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#_top Match up the conditions and rating percetnage to the CHRONIC diagosis in your medical records. Review the DBQ the C&P examiner "must" use to rate your current condition, found here: http://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp Search for VA court cases on your condition(s) to understand how the VA Regional Offices is likey to "rule and rate" on your claim. HINT, the cases tell you what evidence actually supports a claim. For example, here's a search for Sleep Apnea secondary to chronic Sinuitis: https://www.google.com/?gws_rd=ssl#q=sleep+apnea+secondary+to+chronic+sinusitis Look for evidence in these cases that would support your claim, and THEN match and find your evidence - NEVER, EVER lie! Gather all your evidence, write up a Statement in Support of Claim, found here: https://www.google.com/?gws_rd=ssl#newwindow=1&q=va+"Statement+in+Support+of+Claim" and mail it certified return receipt requested. NUMBER every single page, make copies, and wait. Make someone sign for your mailed packaged - VA has NEVER lost my packages! Before you go to a C&P review your evidence and especially the questions the Dr. is going to ask from the DBQ. I usually hand write a list of the 6-7 items that supports my claim. I make sure the examiner see this. I'm so done with the VA, I walked into to my last C&P with my 4" binder and the Dr. undersood I knew what is going on. A C&P exam is a LEGAL MEEETING, not medical treatment. I submitted my last three claims in July and they were fully decided correctly in six months. Help the VA help YOU! And, most importantly, never, never, never, ever give up. Be relentless! Most grateful, PJ I got a request to see how I wrote Claims, so here they are: Hearing loss, Peripheral Vestibular Discorder, and Tinnunitis. Digestive disorder. Skin disorder. VA's 2015 Decision on these three Claims. 1 -STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS - PG-1- redacted.pdf 2 -STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS - PG-2 - redacted.pdf 3 - STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS FOLLOWED BY TINNITUS - PG-3 - redacted.pdf 4 - DBQ WITH TINNITUS - HEARING LOSS & PERIPHERAL VEST DIS - AMENDMENTS_Redacted.pdf 5 - C&P EXAMINER'S DBQ FOR EAR CONDITIONS.pdf 6 - STMT SUPPORT CLAIM - RHIODS 2014 - redacted.pdf 7 - DBQ FOR RHOIDS - FOR C&P.pdf 8 - STMT SUPP CLAIM - ECZEMA 60% - PG 1-2.pdf 9 -STMT SUPP CLAIM - ECZEMA 60% - PG 3.pdf 10 -STMT SUPP CLAIM - ECZEMA 60% - PG 4.pdf 2015 DX REDACTED FOR HADIT_Redacted.pdf
  2. 12 points
    I’m praising God for my family’s first phase victory. When you find yourself in the position to help someone, be happy and feel blessed because God is answering that person’s prayer through you. Three weeks ago RO offered me the prestigous”100% P&T Club Membership Card, without mileage plus, but they tossed in no future C&Ps, Chap 35, and retro to 2010 for SC musculoskeletal injuries. I’ve fought the first phase of my best fight, refused to abandon my appeal guard post, the AB letters are in E-benefits (Ratt-Now). I feel like Gomer Pyle rolled into Forrest Gump standing at “Parade Rest” rubbing my sleepy eyes, Shizzzaaammm!—It's Green Light Go Jump--the retro hit the account this AM, before arrival of the BBE. Thanks Ms. T-Bird for the Hadit Scholarship, and my Professors Ms. Berta the Queen of CUE, Carlie, Chris Attig, Asknod, Jbasser, Bronco, all members that believe in “Leave No One Behind, Not On A Jungle Trail, Not On A Desert Trail, Not On A Paper Trail, you've made my partial victory possible. I’m going into R&R stealth mode before my next shock and awe assault at BVA. Humor is the best remedy I know for VA induced PTSD. Nada-Nada, Jose, I don’t mean getting squishy-soft-n-cuddly during denied or low-balled warfare! Fight, Fight, Fight on into Victory!
  3. 12 points
    Last August I talked to a legal firm who made me a lot of promises. I was at 90% and they informed me they would represent me and I'd be able to easily get 100%. It sounded good so I went along. They filed increases for everyone of my claims. I took the C&Ps only a couple of months later. I thought this was a pretty aggressive move because it put me in a position where I could easily be reduced, but they were attorneys and I assumed they knew what they were doing. I was denied on everything and was set up for a new reduction hearing for November 01, 2016. "No biggy", I thought to myself. I then spent the next couple of weeks trying to contact my case manager at the firm but she was never in and I wasn't being called back. By this time I was a little worried. I finally got fed up and gave the receptionist a false name, saying I was interested in talking to an attorney. I got through. I demanded a reason for her office not calling me back. Her only response was "At this time we feel like your claim is not winnable so we cannot represent you", and hung up before I could even speak. I was livid. I couldn't believe my ears. I felt betrayed and defeated, then I came here. I started reading thread after thread after tread. Talking, asking questions, basically picking the brains of the people who have fought these battles and won. My feelings of defeat transformed into something else. If I could describe it I suppose obsessive determination would be pretty close to it. I filed 4 NODS written by myself from information found on this site. I won everyone of them without question. Now only two months later, I am 100% P&T. Be your own advocate. Don't let people tell you that something is not winnable. Trust that their are good people in this world who can help you. Trust in hadit.com!
  4. 11 points
    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 haven't made any efforts to delineate what is - and what is not - acceptable and reliable medical expert evidence But YOU can help bring this issue into the limelight... ALWAYS include THIS language in any Notice of Disagreement or VA 9 where the VA relied on an inadequate Comp and Pen Exam. end Chris Attig quote. http://www.attiglawfirm.com/communicate/inadequate-c-and-p-exams/?utm_campaign=vlb_daily&utm_medium=email&utm_source=Put+THIS+language+in+EVERY+Appeal...&utm_term=Put+THIS+language+in+EVERY+Appeal... more from Chris Attig: Using this language, ALWAYS challenge the adequacy of the examiner's credentials at the NOD and VA Form 9 stages: The Code of Federal Regulations requires that to be competent, a medical opinion must be "provided by a person who is qualified through education, training or experience" to offer one. 38 C.F.R. § 3.159(a)(1). Competency requires some nexus between qualification and opinion. Dep't. of Veterans Affairs Proposed Rules, 66 FR 17834-01, 17835 (Apr. 4, 2001) (citing Espiritu v. Derwinski, 2 Vet. App. 492 (1992) (stating that "opinions of witnesses skilled in that particular science, art or trade to which the question relates are admissible in evidence"), overruled on other grounds by King v. Shinseki, 700 F.3d 1339, 1345 (Fed. Cir. 2012)). However, the VA Benefits from a presumption that it has properly chosen a person who is qualified to provide a medical opinion in a particular case. Sickels v. Shinseki, 643 F3d 1362, 1366 (Fed. Cir. 2011). Even though the law presumes the VA has selected a qualified person, the presumption is rebuttable. See Bastien v. Shinseki, 599 F.3d 1301, 1307 (Fed. Cir. 2010) (explaining that a veteran challenging the qualifications of a VA-selected physician must set forth specific reasons why the veteran believes the expert is not qualified to give a competent opinion). Given that one part of the presumption of regularity is that the person selected by the VA is qualified by training, education, or experience in the particular field, the presumption can be overcome by showing the lack of those presumed qualifications. I hereby request that a copy of the C&P Doc’s resume, CV, list of publications, list of specialties, etc., such that his/her experience and qualifications may be examined, reviewed, questioned, and/or challenged. I specifically request that any and all information stored in VetPort - or any other system of records - that pertains to the Examiners' credentialing as a medical professional since the Examiner's date of first employment and/or association with the VA - be included in my C-File and specifically examined by the BVA and CAVC to determine the adequacy of the Examiner's so-called expertise. 38 U.S.C. 7402; 38 CFR Part 46;VHA Handbook 1100.19; VA Handbook 5005, Part II, Chapter 3; VHA DIRECTIVE 2012-030. Furthermore, I object to the following aspects of the VA Examiner's opinion: a) The lack of support in the opinion with scientific, technical or other specialized knowledge, and how it relates to the conclusion being sought b) The lack of facts, tests, or data on which to base the opinion. c) The lack of evidence demonstrating the Examiner's conclusion is the product of reliable principles and methods d) The Examiner's failure to reliably applied medical, scientific, and or forensic principles and methods to the facts of the case. By challenging the adequacy of the exam and directing the VA to include that information in your appeal, the BVA cannot overlook that evidence without forcing a remand. By failing to get information that allows you to participate in your appeal, the BVA cannot fail to collect it without violating the Duty to Assist and - I would argue - violating Constitutional Due Process.
  5. 11 points
    Just passing on this info... ALLISON HICKEY EMAIL TO VA EMPLOYEES VBA Colleagues and Partners, There is no particular reason for this email today no anniversary event, no service birthday, no major milestone just a few thoughts to share. I have missed sending you more frequent notes. Some of you might have wondered where I went the last 2 months or so except for Marines in our midst who clearly saw their Birthday message and responded in force to me! Frankly, I have been talking to our Veterans many who have sent me emails. I cant tell you how many emails I now get and personally write everyday but you are helping me answer their questions by your actions across the nation. Many of you are completing claims for them that have been waiting some time now. Thematically, their questions are about the status of their appeals, their dependency claims and even their health care concerns. I probably do well over 3-4 hours of emails with Veterans every day (many at night and on the weekends as well.) In fact, there are so many email communications going back and forth that some have asked how we sustain this level of engagement with our Veterans. Then I remember That is why we are here to take care of them to answer their questions and concerns. It is our whole reason for being. Its the reason we have a job, a passion to serve, a sense of purpose, a roof over our heads and food on the table we have a job to do and they are the ones we do it for every day. Each of us has the blessing to do this humble mission. Without the needs and questions from our Veterans, their families and Survivors we have no reason for our existence. They define our very reason for being. The extra patience, kindness and transparency we can show no matter how many times they land in our email box or phone or claims receipts make all the difference in their experience and thoughts about us and the honorable mission we serve. Every interaction you have with a Veteran, their family or Survivor is an opportunity for us to show our kindness, appreciation, and understanding that they are the reason we do this mission. I ask you humbly, please do it well. If you are meeting with a Veteran, talking on the phone, or emailing be at your kindest and most compassionate self. Understand that sometimes they are frustrated (and often rightly so) and they need to be heard. I was reminded this week that we have one mouth and two ears for a reason we are designed to hear more than we say. Lets hear them and respond in healing ways. Thank you for all the times you are so very kind, compassionate and professional with our Veterans, their families and Survivors. Proud to be your USB Allison
  6. 10 points
    I am so Happy, yet Emotional, as of Today 9/18 I am now Permanent and Totally Disabled!!! It has been a long 3 years and I never thought this is where I would be at 33 years old. God Bless each and every one of you that have Supported and Helped me when I really Needed it. You are all Truly my Family, and I mean it more then words could ever say. I want to give Thanks Specifically to Berta, Carlie, Jbasser, Navywife, Asknod, Rootbeer, and many folks that I can not remember off hand. Thanks Thanks and more Thanks is all the words that I can get out at this moment. God Bless!!!!
  7. 9 points
    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. However an award can easily absorb this cost with a few comp checks or the increases in comp that the claimant might never obtain without an IMO. A Valid IMO must contain the following: The doctor must have all medical records available and refer to them directly in the opinion. In cases involving an in-service nexus- the doctor needs to read and refer to the SMRs. Also the doc needs to have all prior SOC decisions from VA ,particularly those referencing any VA medical opinions and a copy of the actual C & P results is even better. The SOC or SSOC could parse or manipulate critical statements in the actual C & P exam. The IMO doctor should define their medical expertise as to how their background makes their opinion valid. They should be willing to attach to the IMO their CV (Curriculum Vitae that contains their medical background and any other info pertinent ,such as any symposiums they attended, articles they had published etc etc,if possible, that show their expertise .) A psychiatrist cannot really opine on a cardiovascular disease. An internist cannot really opine on a depression claim. They need to have expertise in the field of the disability you have claimed to make their IMO valid. They should rule out any other potential etiology if they can-but for service as causing the disability. They should briefly quote from and cite any established medical principles or treatises that support their opinion. They should point out any discrepancies in any VA examiner’s opinion-such as the VA doctor not considering pertinent evidence of record in the veteran’s SMRs or Clinical record. They should fully provide medical rationale to rebutt anything that is not medically sound nor relevant or appropriate in the VA doctor’s opinion. They should then refer to specific medical evidence to support their conclusion. They must use these terms: (VA is familiar with these terms) "Is due to- 100% More likely than not- Greater than 50% At least as likely as not- 50% (Benefit of doubt goes to Vet) Not at least as likely as not- Less than 50% Is not due to- 0% from an post by carlie “ It helps considerably to identify pertinent documents in your SMRs and medical records with easily seen labels as well as to list and identify these specific documents in a cover letter that requests the medical opinion. A good IMO doctor reads everything you send but this makes it a little easier for them to prepare the IMO as to referencing specific records. Send the VA and your vet rep copies of the signed IMO. And make sure your rep sends them a 21-4138 in support of it- you also- can send this form (available at the VA web site) as a cover letter highlighting this evidence. PS- Mental disabilities- make sure the doctor states that you are competent to handle your own funds- otherwise, if a big retro award is due-the VA might attempt to declare you incompetent and it takes times to find and have the VA approve of a payee. (unfortunately many PTSD claims these days depend on a VA MH professionals diagnosis of PTSD and an IMO diagnosing PTSD will not be accepted by the VA. See our PTSD forum for the 2010 regs on that. I need to add here that a secondary condition to an established SC condition wold not need the IMO doctor to read all of the SMRs. They just have to state with medical rationale why the second claimed disabilty is due to (secondary to) the initial SC disability. IMO docs must avoid words like 'maybe', 'possibly', 'could ' or 'might' be related to, or any other wording that VA could construe as speculative and then disregard the IMO for that reason. On the other hand the IMO doc should look for any purely speculative statements in the C & P exam report or in the C & P and overcome those statements by stating they are mere speculation and have no medical basis. DIC claims IMOs are different and the IMO doctor needs the death certificate and any autopsy findings and any past C & Ps as well as the entire clinical record (to include SMRs in some cases) and copies of any and all private records. They need the rating info on the vet and what his or her SCs were for. If the immediate cause of death is NSC but a service connected disability substantially contributes to death, the VA should award DIC. Often this type of DIC claim definitely needs an IMO to clarify a substantial contribution to a NSC death. 1151 IMOs are different too. The IMO doctor must identify the exact nature of the negligence with direct referrals to the med recs. Then the IMO doctor must make a strong medical statement with a full medical rationale that the veteran has a documented disability that is directly due to the VA's negligence and give a full medical rational for that. It is a good idea for a 1151 IMO doc to also add abstracts or citations from known medical practices in the 'standard medical community' to bolster a 1151 claim. What I mean is showing the VA proof that non VA doctors (the standard medical community) would have taken different steps to diagnose and treat the veteran and the VA's “omission” of these proper medical steps caused the veteran's additional and documented disability. Hope this all helps someone.
  8. 9 points
    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 257 as an incorrigible drug addict with personality disorders. I wrote this in 2015- a full year before I was accredited by VA. https://asknod.org/2015/08/20/the-good-humor-man-at-tan-son-nhut-ab/ He filed for bent brain as he left in '70. VA denied and said his Heroin and ETOH were the cause of his mental disorders. He lost 5 more times to the present (2015). I filed anew last fall and tuned up the claim with a good, rewritten stressor. No buddy letters. No evidence of PTSD or GAD (back in those days we called it Generalized Anxiety Disorder) in service. VA examined him and denied yet again this spring. Denial was for "no dx of PTSD". VA insisted he had a MDD secondary to drug addiction for 48 years. Suddenly, now, there's no mention of all those denials based on drugs being the reason he's bent. I promptly went to my nexus doctors and got a beautiful dx of PTSD due to all those human popsicles in caskets he was loading. I got the shrink to say the drugs were an attempt to self-medicate and good medical treatises on the fact that drug use doesn't cause bent brain syndrome. VA just scheduled a new c&p to rate him on Friday last. Never ever, ever depend on VES/QTC doctors to write a favorable nexus. VA denied for every reason under the sun for 48 years. I won on attempt #6 because it's a simple recipe. If you refuse to follow it, you lose. In the instant case mentioned above, you (dlove74us) are being given bogus info and told to believe it. One thing I have learned in my 30 years of doing this is the need for essential, valid knowledge. There is a lot of incorrect info out there being disseminated to Vets-often by VSOs. Once you understand the "game", you cannot lose. This presumes you have a legitimate claim (but I treat that as a given). VA denies by depriving you of a nexus-not because you are not entitled- but because they are an Insurance Co. That's what they do. They deny and frequently in case nobody noticed. You merely have to get the nexus letter to win-even if you don't get it for 48 years. One trick most do not realize is the old "benefit of the doubt" rule we laugh about. You file. VA denies. You get your IMO and file it with your NOD. VA is forbidden to develop negative evidence against you so the claim is now in equipoise. Equipoise = tie goes to the runner-ergo you win. You may have to go to the BVA on some contentious point of law like a jetgun claim for Hep C. In that case, you hand your IMO to a VLJ rather than a dumb-s__t rater. Bingo, you win. Let VA deny. They have to have a succinct "Finding of Fact" to deny with. Let them develop this finding so you can rebut it with a nexus. Turn their game against them. Once they commit with their negative nexus, you have the opportunity to rebut with your IMO and will win. Sadly, I see many develop their claims and think VA is going to see the light and agree with them. Not. The M 21 was not developed to grant claims. It sounds good but the manual is designed to provide the excuse needed to deny with. I buy my nexus letters for a flat $2,000 apiece. They are always bulletproof. I've had 4 losses in about 1000 attempts since 2008. Reasons? 1) Liar (was never in Vietnam); 2) Liar (admitted to drug addiction in 1993 and then testified in 2014 he was clean as the driven snow); 3) Lied about OTH discharge; and 4) Liar (lots of UCMJ violations for more things than I can list here and most were not LOD). You win because a) you're right and b) you told the truth. If the STRs and the claims file bear out your contentions, you will always succeed. If you failed, you forgot to supply one of the needed three ingredients. If I can get a Vet SC for glioblastoma for Camp LeJeune water and it isn't on the list, then you folks can do it too. https://www.va.gov/vetapp18/files3/1815897.txt I'm not a miracle worker nor do I profess to be one. I use VA's game against them. I suggest you do the same.
  9. 9 points
    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 also feel that it is at least as likely as not that Mr OEF21B's PTSD is aggravated by his OSA." (17 JUL 15) Filed Sleep Apnea claim 28 JUL 15 - Sleep Apnea C&P in AUG 15 with the Veterans Evaluation Services (VES). Brought copy of DBQ and Nexus Letter as well as some of the articles linking PTSD & SA. I thought the C&P went well and the Dr. said that she would add the articles as well as my DBQ & Nexus letter to her final report. IMHO, I believe that my private doc's completion of a DBQ as well as his Nexus letter was key in meeting the requirement for service connection secondary to PTSD. I also believe that providing these along with the articles listed here in various places, and providing all of this to the C&P examiner helped. Semper Fi
  10. 9 points
    Here's one to warm your heart. Mark began in 99. They ignored his request for an informal claim filing while at the VAMC. He did it in 2001. His VSO forgot to file the VA 9. End of claim in 2006. Start over. Denied all the way to the BVA where he won-as he should have. Then the long road to the proper ratings. I advised him to file only for the Hep C and let the secondaries slide until he got the big banana. Worked just like a charm. SMC S was the goal and we have arrived. Mark just picked up a sweet 69 Corvette to celebrate. https://asknod.wordpress.com/2015/06/11/varo-marks-opus-whats-behind-door-3/ Leave no one behind means what Theresa said it does. More of you should hang around after you win and learn this poker game. It's very rewarding for the advocates.
  11. 9 points
    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.
  12. 8 points
    Okay I am back in DALLAS and able to post! DAV told me that the DRO Hearing Officer that was supposed to hear my appeals was out! Great that doesn't sound good...He said the guy that is "stepping in" likes to go rather quickly. I said "okay is this good or bad?" He said "it was fine and let's move forward". Granted this rater/hearing officer didn't have a whole lotta time to review my file. So we walk in and I greet him with a warm smile and firm hand shake. I thank him for taking the time to hear my appeals. He asks "informal or formal" - I told him informal and we got right down to it. He said this matter was before him for Right 5th MT fracture; Right ankle sprain; Morton's Nueroma 2nd MT. I said yes and he said great let's get started. I provided him my binder I created for him and we went 'step by step' through it. The DAV rep was good for me and mentioned several times throughout the hearing that the IME is the key evidence for my case. As we were going through the hearing the DRO reviewed the letter my VA Podiatrist doctor provided on my behalf (attached above in original post) and I referred him to the highlighted paragraph at the end of the letter where my doctor directly links my three contentions to my active service and furthermore stated I had continuous issues. I then pointed out to him the fact that both DBQ's filled out by the QTC doctor in July 2013 diagnosed me with Right 5th MT fracture; right ankle sprain; and morton's nueroma 2nd toe on the left foot. I showed him all my evidence to include the picture of me holding my daughter with my left foot/ankle in a cast, the layman statement from my oldest daughter at the time who specifically remembered the event; two additional SMR's indicating chronic feet/ankle issue to the right; and the issues I found with the medical opinion from November 2014. I told him that there was no way the medical opinion matched the evidence. I think he agreed, because he stated that the rater goes by the medical opinion and after that negative medical opinion was presented the rater didn't pursue any further. Well that is why I am here today LOL.... He mentioned to me that even a fracture to a body part without every having any residuals warrants a minimum of 0% S/C. Meaning since I broke both my feet/ankles and fractured them that if I had no residuals or problems after the healing I would and should have been warranted at a minimum 0%. That made me feel better. We went over the entire binder that I provided and it was all about 30 minutes total. He said that he would take everything into consideration, review the entire file and have a decision within 60 days. We briefly talked about my FDC claim and he said he saw that and knew that it was "RTR" ready to rate....I believe the FDC is waiting on the decision of the NOD. I felt pretty good about it and so did my DAV rep! Now the waiting begins.......
  13. 8 points
    Forgot to add, you might consider using Wilson (Lawrence) v. Derwinski (1991) for the proposition that "The regulation requires continuity of symptomatology, not continuity of treatment.
  14. 8 points
    Just received My Official Claim Packet in mail this afternoon. Granted 70% PTSD S.C.& met the criteria for SMC'-S HouseBound. Not sure what they did with my TDIU P&T Rating? it says my combined over all rating is 50% 60% 90% 100% nothing was mention about P&T? Note: The percentages assigned for each of your conditions may not alwat add up to combined rating evaluation.We do not add the individual percentages of each condition to determine your combined rating. Instead we use a combined rating table that considers the effect from the most serious to the least serious conditions.. Basically they based their reason and bases on my Evidence submitted medical records and letter from veteran and the medical symptoms showed a rating of 70%PTSD the only thing I missed on a 100% rating on ....> in my opinion was the well dressed Clean & Shaven Hi-gene ....I wear BlueJenes and Tshirts most of the time & athlete shoes. I'll gladly take this rating. A big thanks to MsTbird and all the hadit members that help me and supported me during this time with my claim...Will be making a donation to Ms T soon. Thanks Everyone I appreciate all the help and will be sticking around to help other veterans along the way, I wish all who has a claim in Good Luck & Remember medical evidence wins claims. Special howdy and prayers and get well wishes to Jerrel Cook, he took a bad fall and broke his Hip & Ball section and is in the Hospital...I wish him a speedy and safe recovery and that he gets back to what he loves helping veterans and hosting the hadit blog cast radio show. ''Good Morning Ladies and Gentleman on this FEB 11 2016 Day'' Hang in there Jerrel my good friend. God Bless ..Buck
  15. 8 points
    VA forbid their own doctors to write them in 2010. If you submit a DBQ with no doctor's letter attached providing a nexus, VA will gin up their own and I guess I don't need to tell you what it will say most of the time. My suggestion is to research it here first and then ask questions. You may want to review this document on the subject I created and revised over the years that describes what you need and why. http://asknod.org/6051-2/
  16. 8 points
    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
  17. 8 points
    I haven't been here in a while.I just wanted to share my success story. In 2010 when I found this wonderful website I was rated at 10 percent and had almost given up.Using this site by reading tips, other peoples battles and using the CFR I successfully went from 10 percent to 100 percent .It took me a few years, first up to 70%, then 90% and finally up to 100%.... I am rated at 70 for PTSD with major Depressive Disorder, 10 for Degenerative Arthritis right wrist,50 for bilateral ples planus (flat feet), 10 for right knee, 10 for left knee, 10 for tinnitus, 30 for sleep apnea and 20 for Diabetes Melilitus ... I did this completely by myself using this site.. I do have the DAV as a representative but the only thing they have ever done for me is send me a letter telling me that I recieved a rating . I recieved it after I received the Official Notification Letter from the VA...I wholeheartedly endorse Hadit.com. in my honest opinion it is the best thing I have ever found.. So hang in there, read and research... Thank You , Hadit.com for a wonderful informative site....
  18. 8 points
    I have done this several times and always met with the individual. The first was in 1975 over a VA mortgage I was turned down for. The rater reversed his decision based on my imminent marriage.The second was in 1990. I was denied for a back injury incurred in an airplane crash while flying for Air America in 1971. We could not resolve that one because the records had not been declassified. It became a Mexican standoff with none of the parties willing to give. I lost at the BVA in 1992. I filed a CUE to reverse it in 2010 along with new 3.156( c) declassified evidence. I relented when the VA agreed in the Joint Motion for Partial Remand (JPMR) at the CAVC to grant my Hepatitis C at 100% back to 1994. The amount of money involved and the time to pursue it were nit noy and not worth the effort. It was a valuable bargaining lever to extract the 1994 P&T date and nothing more. We were arguing for 40% from 1989 to 1994. I also threw in 10% for tinnitus from 1993 to 94 as well. You should always have a few bargaining chips to give in return for the Big one you seek. As I mentioned in the post, I do not suggest just cold calling them. I prefer the 800 Dial a prayer method I mentioned of suddenly getting cut off just moments after you mention you'll be there Friday morning at 0900 to try to resolve your "differences". Remember always. No guns, knives or tactical nuclear devices with long fuses. Eat your prescribed Valium and/or Thorazine and be polite as honey. You want a smiley, nonconfrontational meeting if possible. At worst, perhaps a "polite" disagreement and a request for what you need to attain the service connection/increase. VA raters are not going to play keep away from you. They are obligated to tell you what you need to succeed. As for Mr. Rater being in East Bumfork Ohio that week, VA cannot lie to you. If he's there, he has to make himself available or send someone in his stead who can discuss it. My friend Kevin in the Philippines uses the Manila Office. Turns out the yokels there have only one DRO who is even remotely acquainted with the tenets of higher SMCs (O. P, R1 & R2). They denied R2 based on improper metrics. He was able to call up and meet personally with the Director of the Manila RO to resolve the issue. The director called in the rater and the three politely ironed it out. I think they agreed to send it up to VACO in DC for more intelligent folks to decide it. Nevertheless, it illustrates that the moat around the RO is far from impassible. The absolute worst that could occur is you arrive and get the cold shoulder from the jack-booted thugs in the Foyer. In that case, you can have a valuable partner in Channel 7 news when you tell them the story afterwards-right outside the building. VA., as we all know, is now in the news pretty much 24/7/365. They can't fart without the media methane detectors going off. Your personal story of VA's intransigence always makes the six o'clock news if it's provable. My last trick is the one I prefer. When I filed my Extraordinary Writ January 5th, all hell broke loose. The Seattle VA Director and the Veterans Service Center Manager (VSCM) both tripped over their neckties trying to "fix" 21 years of negligence and stupidity. I received my own personal VA employee to call any time I felt things were amiss. Tami S. and I developed a camaraderie that was like peas and carrots. She called me several times to arrange the best VLJ Board hearing in an extraordinary two weeks time ( April 29th). She personally met us (Bob Walsh) that morning and provided us with coffee and chit chat. I asked for my VR&E file that had been promised to me that morning. Tami dutifully went off in search of it and discovered it was "missing". This disturbed her far more than us. Seems a VR&E file may never be separated from the parent c-file. Tami was mortified that VA might "cheat". She personally tracked it down, sent it out to the vendor for copying and had it to me a week after the hearing. We still chat on occasion and discuss this and that. She is the RO's girl Friday and works the Congressional Interests (CI) section. That's the outfit who answers the Congressman/Senator's queries. You want that number on your autodial. In sum, never for a moment believe your only avenue to RO ingress is the 800 number or IRIS. Calling Allison or Big Mac are viable if the error is extremely ugly. I would save that lifeline until there are no others. Remember, You only can use it once. Notwithstanding those venues, "dropping in" on the VARO with suitable forewarning is a valuable technique. VA is now in what we call defense mode. They are required to be "veteran-centric" and actually smile. They have to try to find common ground with you rather than laugh in your face and tell you all about those cold days in Hell. The new VA is required to "work it out" and meet the Veteran halfway. Always remember that golden phrase: "News and film on this story at six tonight on Channel 7 Investigates."
  19. 8 points
    Well it's done! Hubby is now 100%, plus P&T. When I read the news, I dropped to my knees. Hubby started crying. I never hugged him so tight before! 1 year and 5 months ago, I logged on to Hadit and started ferociously reading the material. At first, it was every single day for most of the day. Then Philip Rogers told me to buy the VBM. I did, but I was intimidated when that huge 2,000 page book arrived. Next, I went after the C-file. VA sure didn't want to hand that over! In it, I saw all the injustices that had been done to him since he was medically discharged from the military. I saw that he had been wrongfully denied 4 TIMES. But this gave me an understanding of how the process works. I can't thank enough each and every person on this website that takes from their own time, to help other veterans. Tbird Asknod Berta Philip Rogers- for telling me to buy VBM John999 -without you pushing for IME, this never would have happened Navy04- for lifting up my mood, when I got discouraged Veldrina JT K9MAL Georgiapapa Notorious Kelly Lotzapotz Gastone Broncovet Jbasser Mariorivera Arng11 63SIERRA Chuck75 Add55p Pete53 Vync aggie54 Stretch And everyone else who is part of this community. For those of you waiting, don't give up. But most importantly, get good medical evidence and good lay evidence to support your claims.
  20. 8 points
    I can't believe what just happened. My husband submitted a claim through ebenefits in January 2015 after beginning treatment for PTSD at the VA in the fall of 2014. In early May 2015 he got a call to schedule his C&P exam. He had the exam on the Friday before the long Memorial Day weekend. Checked ebenefits on Tuesday morning and the case had been closed already. He was given 100% for PTSD with an extra year of retroactive pay back to January 2014. This was accomplished in one business day! I almost fell off my chair when I logged on to ebenefits. Just over 4 months start to finish and a 100% rating. Still waiting on the BBE but the ebenefits letters and payment info are available and I have faith that it will come soon. The VA outdid itself on this one. I have no idea how or why but thank God. We were really struggling and this is an incredible blessing.
  21. 8 points
    Hubby is now rated 100% P&T! I learned so much on this site. I learned not to gripe and complain about the system but instead use that energy to learn what is needed to be successful. Clear and organized documentation wins. "And let us not be weary in well doing: for in due season we shall reap, if we faint not."
  22. 8 points
    Filed April 2013 and just got my rating. Had a couple snafus along the way but it all eventually worked out. I was rated 70 PTSD, 40 Fibromyalgia and 10 FOR IBS. So a total rating of 80. I can not tell in words the feeling of relief and validation I have right now. It was a long haul but it has been worth the struggle. For those still going through the process, hang in there. The tunnel may feel never-ending but keep on keeping on... the light is there at the end even if you can't see it.
  23. 8 points
    This is mostly for Berta. Berta posted: This is my opinion on the new Secretary ,as a civilian (widow of 2 disabled vets and mother of a veteran) so it might not mean anything to you veterans. And that's OK. About 2 years ago, a very old war Veteran, (I think he said he was 90) came to my home, where my father in law, a WW2 Vet was living, or, I should say dying, at the time. (He was in hospice). He presented a medal to my FIL (I think it was the National Defense medal, that he never got for some reason) for his service. Apparently he had the authority to present medals, especially to Veterans in Hospice care. And now, to Berta. Berta, I, too, am a disabled Veteran. I have a son who served in the war in Iraq, who has about 6 medals (but he does not know which ones they are, which is a typical, humble Vet). We have 3 generations of Veterans in my family (altho my FIL is now deceased). If you would accept this honor, I would offer you "honorary Veteran" for the years of service you gave Veterans. For the service and honor you gave your late husband, your other family members, and especially hadit members and guests. Yea, we do value your opinion, Berta. You have studied and mastered VA law, and can/do answer questions related to Veterans and widows benefits for Veterans who very much appreciate your advice as I do. Thank you Berta, for your service....for your husband's service, and yours.
  24. 8 points
    One vso makes you feel happy and another one makes you feel small and the people who run IRIS Dont say anything at all go ask alice, I think she'll know the difference between logic and compensation while the paper trail goes cold and the white knight named robert macdonald might have to get involved go ask alice, I think she;ll know--at least an answer will be coming and you wont feel so so small go ask alice
  25. 8 points
    I can't really say that I have had a large number of victories with my fight with the VA. However, I have to give credit when credit is due. Even though I am fighting the VA on the bogus ratings and denials I received, my mighty enemy had made a possibility come true. On Veteran's Day, this disabled vet will close on his first home purchase using a VA Home Loan. It does make me happy and sad, but mostly happy and elated for this to be a reality. It's bitter sweet, but I have to give the VA its kudos. VA home loans is a great benefit.
  26. 7 points
    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 CSPAN 2 weeks later to see what was going on with our committee hearings and I hear various Senators pushing bill H.R.2288 - Veterans Appeals Improvement and Modernization Act of 2017. It passed the House and was headed for the Senate. It was to shorten the time period of between 5 and 10 years to one year for appeals. 470,000 appeals waiting for approval. I wrote back to Senator McCain and thanked him today. No reply necessary. https://www.congress.gov/bill/115th-congress/house-bill/2288?q={"search"%3A["congressId%3A115+AND+billStatus%3A\"Introduced\""]}&r=1
  27. 7 points
    VA sent out their Voc Rehab counselor to present me with the Individualized Independent Living Plan (IILP). They chieu hoi'd and are not going to play keepaway. Seems someone in DC said "We don't want to see this at the CAVC." Full size and full hydroponics. He forbid growing pot in it though as its a federal grant. Two year plan and they pick up the propane and electricity bills during that time. All the hydroponic computer gear, 12 2000W halide lights, raised tables, storage tanks, pumps. Plumbing, wiring and propane gas utilities hooked up. Just add seeds (not included). It only took five years and a trip to the BVA. amen.
  28. 7 points
    Yes. If you discontinue use, expect the VA to reduce you. As was pointed out, they know if you are using it or not. Your sleep should not be worse with the CPAP. I suspect there is a problem, such as the wrong mask, its not fitting properly, the wrong pressure, etc. You may also need to try humidified air (fill the machine with distilled water), or, if you are using humidified air, try it dry. There is also a heat setting which you can tweak to your liking. I suggest you go to the sleep doc, and tell him your issues. Its more than just your rating..its about your health. When you have apnea events, you stop breathing and can die, or, it can/will damage your heart. (Too low of oxygen will damage your heart). If you were incorrectly diagnosed, then stop the CPAP, but I dont recommend trying to deceive VA. These things tend to catch up to you. You could owe the VA a bunch of money..for compensation for a cpap that you are not using. Just be honest with them and you should be ok.
  29. 7 points
    I have contacted valor compensation Consulting from this site. I found them to be very helpful and beneficial they are even reviewing all my service records to see what may have been missed by my VSO. I was told that if I get any referrals it would be a discount from my cost of the IMO. What I really liked is they are vet owned and the husband is a combat vet not to mention they offered to take payments to help me and my family for the cost of their service and my regular bills. Something that is very beneficial. I asked about an IME from them and was told if I was willing they would pay for my travel to them to get the IME!!!!!! That something that I would never have thought possible!!! If you use them please say that you found through Ron B's post on Hadit.com
  30. 7 points
    File the appeal (NOD) before the 1 year deadline. Whether you previously withdrew it or not. If you do this before the 1 year from the date of original ratings decision denying, they have to consider the appeal - no matter what. The only defense that they have is that they told you to withdraw in exchange for reconsideration - if they say that, get a lawyer asap. Seriously, this "withdraw-your-NOD-for-a-reconsideration-that-doesn't-exist" is a fraud and deceptive, and I know that there are lawyers looking for a fact pattern like this to challenge it. But you have got to file that NOD on time, first. Within 1 year of the date of the original decision denying. And then remember the lesson: when it comes to the VA, the only thing you should "withdraw" is your benefits from a bank account. Seriously...no good comes of withdrawing anything, and it is usually a trick.
  31. 7 points
    It is often asked "when" or "if" you should hire a lawyer. If your claim is at the RO: You dont need a lawyer at the RO, because the RO employees would not even notice that you had a winning claim and deny it anyway, 85% of the time. If your claim is at the BVA: If this is your FIRST Trip to the BVA, probably not. You can appeal to the BOARD, just make sure you promptly file the NOD, and file the I9, the two steps which are required. If you have been to the Board more than once, such as if you get multiple remands, then you need a lawyer. If your claim is at the CAVC: Dont even think of going to the CAVC without a lawyer. I recently hired Gloverluck, a law firm out of Dallas Texas who represents Veterans. Here are their client reviews: http://gloverluck.com/veterans-attorney-reviews.html Website. http://gloverluck.com/ I was suprised when I called I actually got to talk to an attorney, and not a "menu options" computer, or legal aid. There are many good law firms out there, I also considered CCK, B and M, Chris Attig. https://cck-law.com/ http://www.vetlawyers.com/ http://www.attiglawfirm.com/ If you have dealt with a law firm with a good result, then add their name to this list.
  32. 7 points
    I just got some news, Not official until it's on paper, however, bank already shows some proof. Service connections and an increase. Rated at 90% combined. Now things will get interesting. Disability Rating Decision Related To Effective Date left hip osteoarthritis Not Service Connected rhinitis Not Service Connected Environmental Hazard in Gulf War obstructive sleep apnea Not Service Connected Environmental Hazard in Gulf War right hip osteoarthritis Not Service Connected post traumatic stress disorder [PTSD]; previously, adjustment disorder with anxiety and depression, DC 9440 70% (Chronic Adjustment Disorder) Service Connected 08/04/2015 cervical spine strain 10% Service Connected 08/04/2015 left little finger fracture0%Service Connected 06/24/2014 left knee chondromalacia 10% Service Connected 06/24/2014 right knee chondromalacia 10% Service Connected 06/24/2014 hypothyroidism 10% Service Connected 07/22/2013 lumbar spine degenerative spondylosis, IVDS and vertebral body compression deformity L1 20% Service Connected 05/20/2014 left lower extremity radiculopathy 10% Service Connected 08/02/2012 right lower extremity radiculopathy 10% Service Connected 09/30/2013 sinusitis Not Service Connected Environmental Hazard in Gulf War gastroesophageal reflux disease (GERD) with irritable bowel syndrome 0% Service Connected Environmental Hazard in Gulf War 07/22/2013 tinnitus 10% Service Connected 08/02/2012
  33. 7 points
    Hoss, I completely understand the issue of lack of spousal support. I get the same at home, except on the first of the month, then it's great. Otherwise I get the "why you always going to the VA?" Or "I wish you would quit messing with those papers" my STRs. I said, "you never complain about the money every month, should I quit that too?" She's always complaining about me being on the computer, either here on this site, or va.gov. Well, when am I supposed to be on, when I'm at work? I only have a little time before and after work, plus break time and lunch. But it's fine for her to be on her iPhone all the time. But really that's my fault too, I got it for her last Mother's Day. However, she would NEVER call the VA. Or private doctor either. I do find it rather interesting to read on here about the lucky few who do get support from their spouses, and wonder how my life would be if I had that too. Keep fighting the good fight, and maybe try to accept that she don't understand. How can someone who hasn't walked in our shoes understand? Semper Fi. Andyman
  34. 7 points
    The answer is a Resounding YES. Can't say I've had very much good, to say as far as E-Benefits being timely and accurate over the past couple years. As of yesterday, I stand corrected. Because of my prior negative bias regarding E-Ben for anything other than Filing claims and Evidence, I really never spend much, if any time checking my status. I've been 90% IU T & P No Future Exams since a DRO Hearing 06/14 and have filed a few FDC's for Secondary's, early 14 & 15. No real new info appeared on my E-Ben site after the SC Rating Letters 09/14 & 08/15 caught up and were finally posted to E-Ben. Then yesterday 01/05/15, I printed out a E-Ben Proof of IU letter for my yearly MI Property Tax Exemption. Much to my surprise, in addition to my IU information, there was a sizable error (in my favor) pertaining to my monthly comp payment. I have no idea how long this information has been available on my E-Ben site. I haven't received an official Award Letter and no Retro has hit, monthly comp 01/2016 was same as all of 2015. The increase was effective as of 08/01/2015 from a 07/19/15 rating decision that I still haven't received paper on. The comp increase amount appears to be the SMC S. Printed out an E-Ben Rated Disabilities list this am, Shows my long time SA 50%SC has been increased to SA with a Secondary SC condition now rated at 100% as of 07/19/15. Happy New Year to Me! Semper Fi
  35. 7 points
    So after all the years of working the VA claims as a part-time job, I received a call yesterday that my appeal/remand order was finally completed. He said the retro check should process within a few days. I was expecting a small percentage increase for the issue under appeal, but when I checked eBenefits this morning, I saw the new rating for the appealed issue: 100% (by itself). I then looked at my letters and saw the P&T box selected as 'Yes'. I'm still in shock. The retro wasn't what I thought it would be so I'll wait for the BBE to see the details. Also, judging by the new monthly compensation number, it looks like they are no longer recouping severance from my pay. Again, I'll have to wait for the BBE. Next to my family, this is one of the best Christmas gifts I have ever received. I cannot thank all of you here enough for encouragement and support through the hoops of fire that is the VA process for benefits. I really want to thank Carlie, Pete, GA poppa, Ms. Berta, Chuck and a host of others that my mind is racing far too fast to remember. Carlie practically walked me through the language needed to request P&T, but I never had to send the request. I talked the language as I went through each conversation and C&P exam. I can at least provide my kids with a college education and my wife with benefits should anything happen to me. I'll have to look at the full spectrum of benefits now that I'm P&T. I know GA offers an increased homestead exemption and disabled veteran plates for parking. I'm not sure what else is available and will search here (Hadit!) to find it. God bless to all, and Merry Christmas, Happy Hanukkah and a Happy New Year to all my brothers and sisters here!
  36. 7 points
    Whooo, dogies. Here we go. If I get the Five Day/ Panel plus a brand new redenial, it's off to the Federal Circus. EAJA Panel.pdf
  37. 7 points
    Yes That is what I did I got a Motel FAIRLY close to the RO...My Hearing was at 9:00am. I can't remember it or how close it was to be honest with ya...but after I left I was a happy camper hopefully you will be too. The DAV if you still want them will take you to this room with tables and chairs kinda looks like a normal Jury Room, most of the chairs have Microphones at them, the DRO wil come in introduce him/her self and let you know how the Hearing will be conducted and its up to you to make it be formal or informal I choose the informal...ITS not has bad as you may think actually I think you will be relieved especially if you get a VETERAN FRIENDLY DRO. That will ask you questions face to face and allow you to present any evidence you have with you. but you may need to ask? Just try to remember the DRO is there to help you with your claim what you should say is 'First''off Iwant to thank you for allowing me to have this hearing and thank you for your valuable time ect,,ect,, in other words kiss ass if you have too if you get a humorous DRO I bet your going to be fine. Just take deep breaths and go in with a ''were gonna fix this today and to my liking attitude Always be kind and courteous Even if you can't stand the SOB haha ...Buck
  38. 7 points
    First thanks to everyone at hadit for given their time. For those who are seeking advice please bear with us. Hadit is a volunteer site where most who post are veterans, widows and family members. We are going through our own disabilities/situations that may delay a response but we are here to help and to learn how to help others. No matter what you know or what you think you know please be polite and respectful which is part of your agreement to be part of this wonderful site. Please try to give the best most accurate information as possible, with so many moderators/elders including the many, many members we have, If someone pass/give the wrong information another will try to correct their post so we all learn. With so many new comers we have to ask ourselves why are we here. We are here to help, yes we may gripe and vent at times but we are still here to help which is the bottom line. If your post is not responded to bump it so more can see. Once you get the help you need please stay to help others, we are always growing and getting new members. Yes, the word is getting out. So let us help one another because we are all in the same boat and it does not look like VA is getting better. Moderators/Elders if I spoke out of place please correct me.
  39. 7 points
    Guys, while your waiting, give serious consideration to the VA Voc Rehab Program. A Denial Letter, from a VA Professional Employment Councilor, indicating your SC's prevent you from even doing SEDENTARY work, would Seal Your Deal on IU. The Denial Letter could be obtained in as little as a couple weekly sessions. Apply for a Voc Rehab appointment on your E-Ben site. Most VA Voc Rehab offices are located at your VARO and on the same floor as the Rating Dept. The Voc Rehab Denial Letter, can be used for your States Disabled Vet Property Tax Exemption also. While your at your RO, you could request to see your C-File, if it's still there. Your supposed to be able to request a C-File viewing, on a walk-in basis, 1st come 1st served. Semper Fi
  40. 7 points
    Got through my C&P today( Sat) 1-23-16 about 75 minutes Took a little over an hour things went fairly well, the Physiatrist /examiner was nice and after all the questions she said'' well that's it I need to type in some information in the computer, ect,,ect,,.....so Maybe I'll at least get it SC? not sure on the rating ? she didn't go over that many symptoms she said she read a lot of my records the night before and she has my stressors and my symptoms and I did mention I was on a cpap machine ordered through my MH Dr But it was after I filed my claim...she type that in to the computer but I don't know what she said about it? she said ... I need to download that in ebenefits or go to my VA ROI and have them to record my c-pap dx she did say it is probably already in my VA Notes.....so that should be ok...I gave her a letter my son wrote on my behalf she read it and ask me to get that in my VA Records she couldn'r do it I had to do it so she read the letter and gave it back to me. that was the extent of my exam...if I had to guess right now I think it will get SC and maybe a 10% rating anything more than that I will be surprised.. Now it's waiting time not sure how to get the exam results back? being this was done fee base from the VA to QTC Thanks Everyone for supporting me I appreciate it .............Buck
  41. 7 points
    The problem you experience is contained in 38 CFR 3.350(a) Ratings under SMC K. Read this sentence and I will turn it into Vetspeak. This special compensation [SMC K] is payable in addition to the basic rate of compensation otherwise payable on the basis of degree of disability, provided that the combined rate of compensation does not exceed the monthly rate set forth in 38 U.S.C. 1114(l) when authorized in conjunction with any of the provisions of 38 U.S.C. 1114 (a) through (j) or (s). Translated, this means you can have no disability ratings whatsoever and get as many Ks as you want as long as they do not exceed what is paid out as SMC L. Concurrently, you can be entitled to a 100% schedular rating and get as many Ks as you qualify for as long as you do not exceed the SMC L dollar amount. SMC S (which is a compendium of your 100% rating PLUS the $346.84 bump for the SMC S) still permits you to have K ratings -but again- as long as they do not exceed the SMC L barrier. The roadblock will always be the "does not exceed the monthly rate set forth in 38 U.S.C. 1114(l) " when you are also getting SMC S ( or 100% schedular plus more than six (6) SMC K ratings) . For the record, a male can only qualify for seven SMC Ks. A woman can achieve eight because she can have loss of breast(s) as well as loss of creative use of her ovaries for reproduction. For argument's sake, you could be entitled to X number of K's. The only limit is explained in the above paragraph. When you are granted SMC S via a"substantially housebound" interpretation or via the 100% plus 60% (which you qualify for because of your ratings percentages), the SMC L metric kicks in concerning how many SMC K ratings you can have. The VA set the limit by saying you cannot exceed the amount granted under SMC L. Note that they did not say "If your SMC S and all those Ks exceeds SMC L, then we're going to pay you at the "L" rate. They did not. They said it cannot exceed the amount paid for SMC L. SMC L currently pays $3,617.02 for a single Vet. I'm not going to add up your children and spouse. Those would not be included towards the ultimate $ figure limit anyway. If you are a single Vet at SMC S, you get $3,253.67 per month. SMC K is good for $103.23 per month per K rating. Thus $3,253.67 + $103.23 + $103.23 + $103.23= $3,563.36. That is three SMC Ks on top of the SMC S. Note that if you add a fourth SMC K of $103.23 to it, you will exceed the rate paid for SMC L which is forbidden. Nowhere does it say you get to jump to the SMC L pay scale or magically gain entitlement to Aid and Attendance. VA is very stingy with their funds. Qualifying for SMC L is set in stone. BroncoVet enunciated the requirements above. Proving the need for Aid and Attendance is usually decided based on how Form 21-2680 is answered. One missed question on this test disqualifies you for it. If all that was not confusing enough, if you are entitled to any of the SMCs L through O including intermediate rates (1/2 steps), your added-on SMC Ks cannot exceed the rate of payment for O/P, which is $5,075.60 per month. You would have to add the $103.23 "K" multiples for each rate between L-O/P to see where you exceed the O/P rate. An example here would be if you qualified for the N 1/2 rate of $4,808.00 per month and had two SMC Ks. A third "K" would take you over the O/P rate. There are no K ratings after O/P in the R1 and R2 levels of Special Aid and Attendance. To say Special Monthly Compensation is misunderstood is a masterpiece of understatement. It's almost a juris doctorate in its own right. It took me years to understand it and they occasionally change the rules as they did in 2011. When in doubt, Powerpoint it. Parse every "if...then". I can show you how it is technically (and legally) possible to advance to R2 from SMC L based on only two of the requirements of SMCs L-O by legally pyramiding. This (in conjunction with 3.352) is the only regulation in 38 CFR that actually permits pyramiding. SMC has more twists and turns than the Mississippi River. I've even explained it to VA lawyers who get lost in it. I hope this helped.
  42. 7 points
    Basically its "we have pushed to get claims denied finished and have been putting more and more pressure and less and less qualified people to do so and because they are not qualified to do it we have to oversee them and since we are denying finishing so quickly the appeals backlog is growing exponentially and now we have less time to pay attentions to appeals since we are denying finishing so many claims much quicker. We believe wholeheartedly that it is in the VA's Veterans interest to rob peter to pay paul and then put a shitload of debt on peter."
  43. 7 points
    My heart is breaking. I am a long time lurker but have never posted. My anxiety keeps me from reaching out, but I have found the strength to step out of my shell to say this: Please know, that the members of Hadit who work so tirelessly to help us all with your guidance, just how much you are greatly appreciated. This also goes for every other member of this virtual community. Carlie, you will be sorely missed. However, you left us all - and millions more veterans and their loved ones a gift - and that is your wisdom we can all continue to go back to and depend upon.
  44. 7 points
    I just received a call from very happy emotional veteran that I been helping out with his claim, he just check his Mailbox and was awarded 100%TDIU P&T with chapter 35 for his spouse he said he could not thank me enough , I said well your sure welcome and I said we both can thank the good folks here at hadit for all the fantastic information that we used to win his claim. he gets 24 months retro.& it couldn't have come at a better time for them..so maybe the RO's are finally starting to roll to clear out the 2015 year. Thanks to some very special people here on hadit Ms berta, asknod ,Ms T bird, broncovet, jbasser ,georgiapapa, Gastone, bluevet, USMC-VET, (The Two Petes),Phillip Rogers,chuck75 ,Vync, Markintexas, and so many others that I have read from your experience/advice and used to help this veteran. Again thank you all so very much. .....................Buck
  45. 7 points
    Mpsgt: With all due respect, Mpsgt, I EARNED every penny of every Veterans benefit I have ever gotten, or will ever get. Not one cent of mine is a "gift". Company employees get benefits, too, health insurance, retirement, etc., sometimes these benefits are far better than Veterans benefits. If this person goes to a doctor and the company's insurance pays the bill is this a "gift"? No, this employee EARNED the benefits, just like they EARNED their salary. If this company employee gets hurt on the job doing what his boss said, he gets workmans compensation benefits, and earns those. These workmans comp often include a portion of the pay for time off work due to injury such as a knee injury requiring surgery. In a similar way, I gave 4 years of my life for my country. When I signed up, I did not expect to come home, but fully expected to lose my life for my country's service, and did so willingly. Every one of my Veterans benefits came only with great effort. First, I had to serve my 4 years, not get a dishonorable discharge, do every single thing that was required of my by my bosses, and not get killed. Then I had to apply at VA for benefits and fight them for them for more than 12 years, sending in every appeal, every SOC, every bit of new evidence, attend every comp and pen exam, every hearing, and do everything VA's way or the highway. I had better things to do, but I did every single one and I earned every penny of every Veterans benefit, in no small part for risking my life and limb for my country. Nobody "gave" me a "gift" as far as VA benefits. They are earned, at least as much as any company employee, including VA employees, earn their benefits. Why is it VA employees feel they "EArn" their pay and benefits, but we, somehow, did not? I gave up much more than JUST time worked for my benefits, I also risked my life and limb, and even got hurt doing my militiary job. Most VA employees dont risk getting killed or hurt, shuffling around our paperwork, while we do. Thousands of my comrades lost thier lives serving our country, and, while I did/ do face health issues related to service, I never look at any of my benefits as a gift. As my uncle once said, when payday comes, I dont have to back up to the pay line, ashamed I did not do any work for my pay, instead, I can look the pay clerk in the eye, and say, "thank you, for the pay I earned".
  46. 7 points
    prayers sent,, dont give up,, we all have our burdens, only God knows why,, We must endure our hardships, just as Jesus did all the way up to crucifixion. Many times we box ourselves in, and create a very small world for ourselves, where things seem hopelss.God can change things around in ways that are incredible! The more you trust in God, the more he will help you. Dont live too far in the future.. live day by day,, hour by hour if you need too. Rarely does things turn out the way our minds conjure up the projected outcome to be.. Break life down to its simplest terms.. what do you really need to live.. food, shelter, clothing... We are not gauranteed tommorow and many people on this planet will not be alive tommorow.. Death is so final.. Your life is a gift from God. Accept, endure, and continue to live. your special and the life you live is special.. God has a plan, let it materialize..
  47. 7 points
    I try my best to stay positive and hopeful when I deal with the VA, but it is difficult. Looking back at previous VA leaders like Shinseki, etc..., they all made promises to make a difference for the better. A few things changed, but most stayed the same. There is a real disconnect between the people at the top and the people who work directly with us Veterans. This is evident by the chronic failures that affect us frequently and directly. This disconnect is a prime reason why many of us can confidently say that the VA system is a stressor. When someone has been screwed over repeatedly by the VA, it definitely shows. Answering the phone or replying to emails is one thing, but we should not have to resort to such specific measures in order to get timely attention. This is just a squeaky wheel gets the oil tactic. Because someone calls a VIP, their issue will get attention it needs (good for them), but it pushes them in front of someone else. As more claimants jump on this wagon, it too will start to slow down. This also will likely not change things at BVA or CAVC level because they are probably out of their hands. The real change needs to occur further down the line. I am not talking about poorly planned options like the choice card with exciting names, but fail to deliver. The VA needs to get rid of employees who are part of the problem and hire the right people to be part of the solution. We should not have to wait for years on appeals because someone screwed up a claim from the start. We should not have to wait a year for a copy of our C-file. We should not have to learn the LPN just injected you with an overdose of medication. We should not have care providers who dont listen and lie on paperwork. Nobody should die or lose their home because the VA screws up. I know there are processes and procedures in place to deal with most of this, but the amount of red tape is staggering. After you spend a few years with the VA, you start to realize what it is.
  48. 7 points
    Anyone who has documentation of permanent disability (civilian or veteran) can obtain free access to national parks at www.nps.gov
  49. 7 points
    I emailed Sec. McDonald the 2nd week in October and sent updated info and Motion to Advance to BVA Oct. 17th. Today I spoke with BVA attorney after I saw our appeal was pending dispatch, he said we won our appeal and that it was P&T. He said we should have our copy of the decision by the first of next week. Will post in Success Stories once I have it in hand.
  50. 7 points
    man the last 3 months have be rough, however, today I got the BIG BROWN ENVELOPE in the mail. I am now rated 100%. man this has been a long hard up hill battle. I like to thank each an everyone on here who has given me courage and hope, thank you very much.
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