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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
    Thank you. This means all your effort in the past 20 years is worth it. Im not sure this is the first, nor do I know whether it will be the last. But it is surely important to some. Here it is: Hello everyone, First of all, I wanted to thank everyone for the great advice and comments. But most importantly, I wanted to mention a life saving chat session I had with "TBird" on this website early this month. I chatted with TBird at a time of "extreme crisis" I was having. She made me feel comfortable, calmed me down, chatted with me about my needs and then provided me with both the VA Crisis Line chat URL and phone number. We chatted for quite a while, but she encouraged me to contact the Crisis people right away. Minutes after my online chat with TBird, I online chatted with the VA Crisis people for about ten or twenty minutes. They asked for my phone number which provided and the chat person stayed online with me until I was I immediately called on my cell phone by a Crisis line operator. After a about five minutes of discussion, I was asked if wanted to be transported by a family member, an ambulance, police car, VA shuttle or any other means to the Mather Hospital BH-ICU unit, located in Sacramento California. I remember her name as Susan and she asked to speak with my wife after I woke her up, to confirm I had transportation. She explained that it was imperative that I see someone as soon as possible and that she would call in fifteen minutes to ensure I was on my way. She did in fact call as me and my wife were leaving the house. I called Dr. Seeger at my local VA ti make sure she concurred with this treatment plan... which she immediately said yes....go right away. After reaching Mather VA hospital, I was immediately admitted to the BH-ICU (Behavioral Health ICU - Lock Down unit) for extreme PTSD-MTS with a friendly police escort. I received round the clock EXPERT CARE for seven full days. After six days I wrote and submitted a development plan for myself which asked for permission to return home which was approved after multiple interviews and meetings. I just returned home about six hours ago, listed as high risk PTSD, however low risk S, I now which was not the certainly not the case when admitted. The VA BH-ICU doctors have submitted applications for me to go to long term specific PTSD-MST facilities in Virginia, Kentucky, Denver and several other out of state programs for long term care. With treatment duration's ranging from thirty days to six months, depending on progress. The VA will also be flying me to and from the treatment center ultimately chosen which should happen in about two weeks. I am so tired right now,m but I wanted to mention a few things that need to be said. #1) TBird, thank you...you saved my life.
  28. 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.
  29. 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.
  30. 7 points
    I jumped off the board while I worked on preparing for my DRO hearing, this board can stress me out at times. Here's my timeline 10/2015- applied for VA benefits based on stage 3 MM/ caused by chemicals (benzene/TCE's) I am NOT qualified under Camp Lejune/ Vietnam AO or Radiation. 12/2015- recieved denial from VA 2/2016- turned in N&M along with a DR nexus (I did NOT pay for, it's from my treating oncologist) 3/12/2016- recieved letter of DRO hearing on 3/22. 3/22/2016- DAV Rep called me at 0730 said he got a call from the DRO who told him I do NOT need to bother coming in for a hearing, my evidence was overwhelming and he had already approved my claim. 3/23/2016- ebennies changed last night, shows I have no "claims in progress" and it is now in Historical Claims, shows a descision made and talks about verifying my dependants. I saw the letter that is coming in the mail. 6 months from application to approval. It is possible to connect the two but you really have to have your gear wired tight. My Hadit mentor was/is Gastone. He has been a good friend and a wealth of knowledge. If it had not been for the little things, like making my statements Sworn Affidavits etc I'm not sure my stuff would have looked as good as it did. Good enough where they balked before the hearing. I post this for my burn pit cancer vets, you can win if your outside all these presumptive time lines, just follow the science and talk to your oncologist, once I explained what a nexus letter was she was more than willing to help. Thank you hadit for the board, and thank you Gastone for your help, friendship and ear for all those times I bitched. And finally props to the DAV my VSO, he did me right he actually studied up on my disease so he knew what was up. Thank you! And the VARO, I have read horor stories about the VA. I'm a boot, this is my first and only claim. I was really flying blind but the VARO was fast, attentive and they really did good service, faster than SSDI. So you won't hear this often but thank you VA and DAV, this is a feather in your cap. Semper Fi
  31. 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
  32. 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
  33. 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
  34. 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
  35. 7 points
    Can't believe the bva is still using that outdated ruling about "many years without treatment ".Unbelievable. ...Have you had SYMPTOMS of your condition(s) for those many years is the question? CONTINUITY OF SYMPTOMATOLOGY is what you need to counter their reasons and basis. This is done with your lay statement of the symptoms you've had along with Court precedence starting with Buchanan v Nicholson and of late Davidson v Shenseki. These two rulings along with Savage v Gober really gave veterans an way out of that ruling about no treatment for many years. You must have had a rookie write that decision. The regulation requires "continuity of symptoms "NOT TREATMENT. JMHO
  36. 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
  37. 7 points
    jcox129, You should file a NOD notice of disagreement, it keeps your EED going. There are someHadit members that have Filed MST/PTSD when they see your post I'm pretty sure they will chime in...but be sure to file an NOD..you will have a year to rebut their decision. its hard to talk about things like this but for some people that has claims similar they maybe able to help and there are some members that can help you with the things you need to do the elder members like Ms Berta,broncovet ,asknod,Gastone Vync,Jonhh999,J Basser,Georgiapapa,Pete992,USMC_VET, Andyman,and a lot more there all pretty good folks you may check out Asknods blog. Asknod.com I believe? please don't feel ashamed we all understand your dilemma& feel your pain. you can get through this. God Bless .....................Buck
  38. 7 points
    I agree with Green. This is your best course of action. Lets say you go see them face to face again and you explain. If they say yes yes yes ok your right, then you ahve to wait and HOPE they get your records right. As stated by green by sending a Secure message to your PCP your concerns can be addressed to him as well as having those concerns become part of the official medical records. I would write them and do a point by point discussion. Keep it factual no emotions. "After my visit on XX/XX/XXXX i checked my exam notes and noticed some discrepancies regarding what was discussed and what was recorded. 1)Acid Reflux: I conveyed that the omeprazole was currently helping to reduce the symptoms associated with GERD. In the notes it states that I was no longer taking my medication and that my symptoms had dissapeared. This is not entirely accurate. I am currently taking my medication and did not go stop taking the medication prior to the visit. I also wish that the record reflect that the symptoms have been dissipated and are helped by the medication but they have not disappeared entirely. 2) The Notes state that multiple tests were conducted, however we did not conduct the following.....etc etc I realize that the clinic has a multitude of patients and that its possible that another patients exam might have been similar to my own which would account for the discrepancies noted above. Please feel free to contact me regarding the following at 123-45-6789. I also wish you to know that i am very detail oriented about what is and is not in my record so i wanted to let you know I would also be requesting that the VA ammend my medical records and will be sending that request to them once we have a chance to talk about it. Thank you Sir.' Keep it cordial and when dealing with someone from the VA that has screwed up that you always use the adage "never attribute to malice that can be attributed to ignorance." By that i mean when you TALK TO THEM be defferential like i was above and say "oh im sure it was jsut a mistake, etc." dont be confrontational. The time to be confrontational and passive aggressive is once they DONT DO THE RIGHT THING. Then you use the law and their own regs to MAKE them do what THEY SHOULD HAVE DONE IN THE FIRST PLACE. Even at this point, and at every point NEVER YELL,SCREAM, CURSE, ETC. You do not want to go through what others have where they are labeled "dangerous" etc and require escorts.
  39. 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."
  40. 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.
  41. 7 points
    I was reviewing 2015 BVA decisions regarding the New Orleans RO, and came across the following. I'm on a tablet and can't cut and paste the section, but scroll down to the second paragraph above the "Order" section. You'll find that this veteran's carriage and demeanor when she was called from the waiting room found its way into her C & P exam report and then into the BVA decision. http://www.va.gov/vetapp15/Files2/1512277.txt Always remember, your exam starts the moment you enter the exam facility. If you're there for a spine exam, your posture in the chair you're seated in, in the lobby, may very well be noted. There's plenty of literature on exams here at hadit, but I thought it would be useful to remind everyone that the exam begins upon entering the facility, not when entering the examination room.
  42. 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
  43. 7 points
    This may be a single judge memorandum decision but the courts and VA are not free to ignore the thrust of the decision as it rests on other precedence. For years, trying to prove you were in-country so as to get presumptive for herbicides has been a challange for some of us-most especially blue water folks who came ashore for mail runs or R&R at Vung Tau. Hunt opens up an interesting can of worms for VA. Never has a Vet been allowed to simply offer lay testimony that he came ashore and been believed. Judge Greenberg put a fork in that June 14th. VA has been instructed to "fix" it. The third BVA denial was the CAVC charm. Check it out, my fellow bullet biters. Fifty years later and Willie finally gets the green smoke. https://asknod.wordpress.com/2015/07/17/cavc-hunt-vs-mcdonald-red-clay-between-my-toes/
  44. 7 points
    To Get your C File.... Fill out and submit a SF 3288 Send to DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER PO BOX 5235 NEWNAN, GA 30271-0020 FAX: TOLL FREE: 844-531-7818 DID: 248-524-4260 SERVING THESE AREAS: ALABAMA, CONNECTICUT, DELAWARE, FLORIDA, GEORGIA, INDIANA, KENTUCKY, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MISSISSIPPI, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, OHIO, PENNSYLVANIA, RHODE ISLAND, SOUTH CAROLINA, TENNESSEE, VERMONT, VIRGINIA, WEST VIRGINIA, AND PUERTO RICO DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER PO BOX 5235 JANESVILLE, WI 53547-5235 FAX: TOLL FREE: 844-822-5246 (844VACLAIM) DID: 608-373-6690 SERVING THESE AREAS: ALASKA, ARIZONA, ARKANSAS, CALIFORNIA, COLORADO, HAWAII, IDAHO, ILLINOIS, IOWA, KANSAS, LOUISIANA, MINNESOTA, MISSOURI, MONTANA, NEBRASKA, NEVADA, NEW MEXICO, NORTH DAKOTA, OKLAHOMA, OREGON, SOUTH DAKOTA, TEXAS, UTAH, WASHINGTON, WISCONSIN, WYOMING, AND THE PHILIPPINES in That Form in the large block for "Information requested" put this in there --------------------------------------------------- I hereby request a copy of all documents contained in Mr. NAME claims folder, including, but not limited to, all documents in the right flap, left flap, and center flap, and the reverse side of any documents with writing on both sides; including all handwritten notes, post-its and all decision forms or blue sheets as they are sometimes known Please note that this request for documents is being made pursuant to the Privacy Act, 5 U.S.C. § 552, and the Freedom of Information Act (FOIA), 5 U.S.C. § 552a, as well as 38 C.F.R.§1.550 and 38 C.F.R. § 1.577. Your agency has a duty to respond to this request within TWENTY (20) DAYS of the date of this request pursuant to 5 U.S.C. § 552 (a)(6)(A)(2)(i). Additionally, although an extension of time to respond may be requested, it may only be granted for “unusual circumstances.” “Predictable agency workload” is not typically considered an unusual circumstance as stated in 5 U.S.C. § 552(a)(6)©(ii). Moreover, even to the extent that unusual circumstances could be demonstrated in this instance, the time limit for the extension is limited to “10 working days” pursuant to 38 C.F.R.§ 1.553(d). Please also be aware that your agency’s failure to respond to this request within twenty (20) days may result in the filing of an administrative appeal with the office of the Secretary of the Department of Veterans Affairs pursuant to 38 C.F.R.§ 1.557 and 5 U.S.C. §552(a)(6)(A)(2)(ii), and potentially, the filing of a federal lawsuit to compel the production of the information. This may subject your agency to contempt of court and a fine, including attorney fees and litigation expenses in compelling the production of this information pursuant to 38 U.S.C. § 552a(g)(l) of the Privacy Act, and 38 U.S.C. § 552(a)(4)(B) of FOIA. Thank you. --------------------------------------------------- SEND THIS VIA CERTIFIED MAIL/RETURN RECEIPT I have my request in since 6/8 If i were you I would once every week request via IRIS a LETTER update on the status of the request. This means they send a letter to you with the update. This creates a paper trail. For faster info on top of that call you VSO or VA 1800 # on top of these IRIS requests.
  45. 7 points
    I have only been on hadit for a couple of months; however, I am thoroughly impressed with the amount of information and sound advice one can find here. My claim was initialized on 5 February 2015, and I had a couple of C&P exams in March. I was mentally prepared for a long and painful experience with the VA. Fortunately and completely unexpectedly my claim recently came to a decision. Last Friday my claim moved from Preparing for Decison to Pending Decision Approval, then on Saturday (apparently the VA does in fact work Saturdays) my claim moved to preparing for Notification. Despite my constant reminders to myself to not get excited and stalk ebenefits, I of course did throughout the remainder of the weekend. On Monday, the 1st of June, my claim moved around midday to Complete. I have been awarded 70% s/c. I am still in shock. Of course I have not received anything (BBE or deposit), so I am still waiting for that to confirm what ebenefits states. I continue to check ebenefits, as was my routine for a few months, every couple hours or so. I feel as though the journey is over, before it began. I am still having trouble accepting it as reality. With all sincerity I wish to thank all of the members of this site for their service and guidance provided to those in need. I know that the fight is of an unknown duration, but with perseverance and proper guidance I believe that each and every deserving individual will in the end be victorious. I plan on sticking around for a while. I don't know if I lurked enough yet. Please do not hesitate to contact me for any reason. I do look forward to being able to assist any I can. I am very grateful to have the opportunity to be a part of such a wonderful community of caring individuals. Again thank you all for everything that you do for your country and others! V/r Detel
  46. 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.
  47. 7 points
    Anyone who has documentation of permanent disability (civilian or veteran) can obtain free access to national parks at www.nps.gov
  48. 7 points
    2007 was the 1994 grant of tinnitus for $15K. 2008 was a year and a half retro @ 100% for about $38 K and the January 2014 was about $338K and some change. The Writ is for chump change- about $78K. It adds up when they forget about you. We'll give a chunk to Fisher House and Navy Marine Corps Relief. Believe it or not, the money was immaterial. My wife's family is blessed and she's an only child. We did well on investments in spite of my illness. I may not have decided to fight VA but they said I was never in Vietnam. I spent two years over there, have three combat Vs and a lot of dead friends. It pissed me off just enough to stay alive long enough to set the record straight. I didn't think it would take this long. You can call me late for dinner but never call me a liar. Clear prop
  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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