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  1. 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 tr
    29 points
  2. After doing this for over 26 years, I have decided to go feet dry and apply for the non-attorney practitioner's license and take the test. The VA website on it says the process takes about a year. No surprises there, huh? Thus, God and VA willing, I'll be making life miserable for VA raters for years to come. Having now been declared officially "cured" of my Hepatitis C, I feel it's time to get back to work. Being 20-year protected, I can't be pole-axed with a reduction.
    14 points
  3. 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 “Para
    12 points
  4. 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 myse
    12 points
  5. The VA is not supposed to "develop to deny", and Veterans attorney Chris Attig suggests including this language in your appeal: .a VA Nurse offers an opinion on the cause of a complex motor neuron disease she's never heard of... ...an Internist with generalized experience writes an opinion on the causation of a cancer ...VA Docs support naked conclusions with NO medical evidence ...VA docs use exams to Develop the Claim to Deny it (an illegal practice). This is more than a one off problem....junk science has invaded the Veterans Benefits System. The Court and the BVA ha
    11 points
  6. 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
    11 points
  7. 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!!!!
    10 points
  8. Tbird has very good info at the hadit Home page on IMOs. I reworked a topic I posted here some time ago.and maybe it can be found better now: Independent Medical Opinions can often be the only way a veteran or widow can succeed on a VA claim. VA plays a war game called the War of the Words. The proper wording of an IMO is critical to VA's acceptance of it, as probative evidence. Opinions obtained from private treating doctors are often free yet most independent medical opinions are needed from doctors with full expertise in the field of the disability and can be very costly.
    9 points
  9. Someone (VA?) is blowing smoke up your rear end. I can get anyone SC for anything at any time regardless of how many times or when they got denied or in which order. Here's a pertinent example. My Vet goes to Vietnam and loads caskets on departing C-141s at TSN for 8 months. He helps unload wounded from Dustoffs. Finally, it warps him and he begins snorting smack. The AF pulls him aside and gives him a one-time shot at rehab and a clean sheet. They evac him to Wilford Hall MC at Lackland AFB in San Antonio. He is cleaned up but his psyche is irreparably damaged. They 86 him and give him a DD
    9 points
  10. Just saw on E-Benefits that my Sleep Apnea claim as secondary to PTSD was granted at 50%. For the Sleep Apnea: - No history of sleep issues while on active duty or in STRs - VA Psych requested sleep study, Sleep Study completed by VA-Outsoursed Hospital, Diag. w/mod. Sleep Apnea and issued a VA CPAP in May 2013. - My private Sleep/Pulminary Doc completed Sleep Apnea DBQ & wrote nexus letter stating "Based on my evaluation of the veteran, it is my opinion that it is at least as likely as not that Mr OEF21B's diagnosed OSA is aggravated by his service connected PTSD. I al
    9 points
  11. 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
    9 points
  12. My suggestion on what to do would be to pay all debt off, get 100% debt free. Put 10-15 grand in an emergency only fund and don't touch it unless it is a real no other option emergency. Learn to live debt free. Pay cash for needs. Be very careful not to classify WANTS as needs. Always refrain from impulse buying for wants. Think about it for 30 days and see if it is still a want. Most of the time you will forget about it. Take a little bit, go enjoy a nice vacation and get that out of your system. When the pressure of credit payments are over your head, it can be a heavy weight. Paying
    9 points
  13. After 50 years I received a 100% disability rating. At 73 years of age I was awarded it about a month ago. Prior to then I received a letter from the Treasury Department stating they didn't have my banking info available if I was awarded a pension. Turns out they did. I had to call the number given to verify it. The gentleman I talked to told me how it can take 6 to 8 years for an appeal. WOW! That was depressing. He said the Washington office alone had 4 or 5 staffers and handled 30,000 claims. I wrote to Senator John McCain telling him what I had learned. With no reply necessary. I turned on
    8 points
  14. 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 t
    8 points
  15. 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.
    8 points
  16. 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 s
    8 points
  17. 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/
    8 points
  18. If you have applied for an increase and been denied, you might want to look at this to help you in your appeal: http://www.purpleheart.org/ServiceProgram/Training2011/T-4%20%20VA%20Errors%20in%20Claims%20for%20Increase%203.2011.pdf
    8 points
  19. 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 Diabet
    8 points
  20. 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 ag
    8 points
  21. 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.
    8 points
  22. 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 an
    8 points
  23. 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."
    8 points
  24. 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.
    8 points
  25. 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
    8 points
  26. 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
    8 points
  27. 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.
    8 points
  28. Yours is a great post, and it makes you sound sincere and human. One of the worst people to lie to is yourself, "pretending" as if everything is hunkey dorey. It sounds like you learned from your mistake. It also sounds like you have a "documented" (medically) history of Suicidial Ideations, in your records. You dont have to have SI each and every day! . Symptoms of depression, PTSD, are known to "wax and wane", that is, you have some days which are better than others. We all have those. Its perfectly fine to tell your doctor, "I have SI today", or "I dont have SI today", and
    7 points
  29. 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.
    7 points
  30. 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
    7 points
  31. 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 c
    7 points
  32. 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
    7 points
  33. 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
    7 points
  34. Time to get official. Start with Secure Msg to those listed on your MHV site, that should be made aware of your recent experience at QTC. Your Msg and their response will become part of your VMC Med Record. Then letters to the MFIC of QTC and who ever is the MFIC of VA Contract PTSD Awards, would be next. Semper Fi
    7 points
  35. 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
    7 points
  36. 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
    7 points
  37. 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
    7 points
  38. 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."
    7 points
  39. 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, as
    7 points
  40. I thought I would help explain a little about VARO errors, as they often follow patterns: 1. The VARO must give a "reasons and bases" for its decisions, or else it is error. I recommend, if you have favorable evidence if your evidence is not listed in the decisions "evidence" section, that you appeal it on that bases. If your pertinent evidence was not considered, then you can ask to reopen under 3.156 based on the "new" evidnece. If there is favorable evidence in your file, and VA denied it anyway, and did not mention this favorable evidence, you can appeal on the bases that y
    7 points
  41. Rest assured I do not aspire to this for the money. I am blessed in that regard. The highest calling a Vet could ask for, in my book, would be to help another. Look at the top of this page and reread Theresa's mantra. And for the record, there is no limit on VA attorney remuneration. This is why you sometimes see a large Vet atty. practice charge 30%-33%. The 20% is merely an industry -wide accepted practice as most Vets are not well-heeled. I'm in it for justice. I'm convinced there is none of substance for us. My case is/was/continues to be a prime example. Comin' in hot.
    7 points
  42. 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 thir
    7 points
  43. 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 JANE
    7 points
  44. 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. T
    7 points
  45. 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
    7 points
  46. 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
    7 points
  47. Anyone who has documentation of permanent disability (civilian or veteran) can obtain free access to national parks at www.nps.gov
    7 points
  48. 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.
    7 points
  49. 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.
    7 points
  50. UPDATE 4/23! WooHoo WooHoo WooHoo 100% 100% 100% Thank you all so much on here, this whole process has been such a struggle over the last 7 months. In the last month God has been good to my family and I. Starting next month I will receive my 100% VA, SSDI, and my wife will be paid 2K a month to be my caretaker. I am so grateful to guys on here like USDART, 63Sierra, NavyWife, Carlie and Berta. God Bless each and every one of you. I am so emotional right now, and I feel like I am floating in the clouds. Thank you guys again and I hope that each and every one of you will post a
    7 points
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