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Showing content with the highest reputation since 08/17/2019 in all areas

  1. 2 points
    Welcome to Hadit.com Robert Jones, I did a google search on JP4 and health issues. I found the attached research from https://apps.dtic.mil/ on the subject. GBArmy is correct, if it is not in your Service Treatment Records (STR), then you will need to get an IMO from a Doctor to connect your current condition with a condition/event during service. Below is something I had put together to help another Veteran: Make sure you have a copy of your Service Treatment Record, you can order a copy from here: https://www.archives.gov/veterans/military-service-records/medical-records.html You may need a copy of your Service Records also and you can order a copy from: https://www.archives.gov/veterans/military-service-records While you are waiting on your records, go to the Doctor to show that you are still being treated for the condition. After receiving your records, go though it and make a copy of anything on this condition. Get a copy of Medical records after Service and make a copy of them also. Go to the 38 CFR here:https://www.benefits.va.gov/warms/bookc.asp#i The 38 CFR shows you how they rate a disability. The Disability Benefits Questionnaire (DBQ) is a form that a Doctor fills out during your Compensation and Pension Exam (C&P Exam) which can be found here: https://www.va.gov/vaforms/search_action.asp?FormNo=&tkey=DBQ&Action=Search Both of these links has good information on what they are looking for. Then you will need to write a Statement in Support of Claim (VA Form 21-4138). In this statement include a what happen and a timeline of treatment for that condition (attach the copy of your medical records that you made a copy of and referred to them in your statement). You also need to include how this affects your daily life and work. I would have somebody else read your packet, to ensure that it makes sense and easy to follow. If you have not done so yet, setup a eBenefits account at: https://www.ebenefits.va.gov/ebenefits/homepage You can apply for benefits here or you can find a local Veterans Service Organization (VSO) to submit your packet for you. If you submit it thru eBenefits, it will ask you about submitting a claim for PTSD. A PTSD claim is a lot of work and I would research it before applying. eBenefit will walk you thru the whole process to include VA Form 21-526EZ. If you go thru a VSO, make sure you find one that you feel comfortable with. There are good and bad ones out there. If you do go thru a VSO, they should review all your Medical records, and help you apply for everything that they feel as though is service connected. Also bring any after service Medical records with you as there maybe secondary conditions that you could claim. Make sure that you keep a copy of everything you do, as you will need them someday. I hope this information is helpful and if you have any questions, please feel free to ask. KEROSENE-BASED JET FUEL HEALTH EFFECTS.pdf
  2. 2 points
    PTSD can be very extreme!!! Trust me it sucks. I have seen that form before and yes it is very aggravating. They would not be paying you anything if they thought it was not caused by a service connected condition! So yes tomorrow start calling until you get the full amount of pay due! Also make sure they go back to the beginning of when this started as you stated you burned through your savings to get here! Push until you get a straight answer and don't let them push you around!
  3. 2 points
    You have to have a basis for your claims in the service. Many of these are diseases but if you have no indication in your military or medical records of medical issues with them, you will have to get an IMO (medical opinion) for a qualified source(s) that links , for example exposure to fuels and chemicals that caused them. They will not be presumptive,meaning the VA will not admit that exposure would cause the illness. They have to be researched and evaluated by a medical specialist who is board certified in the field of expertise/discipline necessary to prove the connection between the disease and your exposure. Very high level of effort is required. This is going to cost you money maybe $1000-2000 per item in some cases, and there will not be any money back guarrantee if your claim is denied. So do your homework; figure out which one or two to go after and then start researching for these IMO docs. Several are mentioned here on previous posts on Hadit.
  4. 2 points
    I am curious, if he was put on disability from his guard unit are they paying TDRL? Also, I would sit down and write a handwritten letter to the President. He says he supports veterans, is he going to let a veteran and his family get put on the street? I would also call your local news station. It is drastic but it might get your story out there and force someone's hand to help you. News stations do not really care about veterans but they can be useful in getting a senator on the stick to do something. Start getting your story out and someone might get uncomfortable. My story was once publicized and it helped other veterans to keep them safer, and I believe it helped me also.
  5. 2 points
    You are not wrong and I am starting down the path of cutting way back and if that does not work, stopping altogether
  6. 2 points
    FYI. For those Vets that are receiving the VA annual clothing allowance, check your accounts starting this week as they are starting to hit.
  7. 2 points
    Thank you! I have added this to my list for tomorrow: Email leadership at Detroit Regional Office Contact clinical director for C&P & Call several of the resources you suggested I haven't tried. If all else fails, contact the media. You both have been so kind and helpful . Thank you from the bottom of my heart! I will let you know what happens!
  8. 2 points
    Hi Dawn, welcome. As Bronc said it is best to wait until you get your decision letter (BBE). Keep in mind the VA will use the latest effective date of when the injury was disclosed and acknowledged by them, or what usually is the case, the date you filed. If you haven't had a continuous open claim since 2010, then there is a break of one year or more, it isn't continuous and therefore a new claim. If it has been open all that time and they try to short change you, you can always appeal. Wait for that big (FAT) BBE!
  9. 1 point
    in general you are correct that doing it the "simple way" would be easiest and best for us. However, you and I and every vet knows, that simple is not the VA way. He is obviously going to appeal this, which even under your "simple" way the VA could deny. We know that happens so it is not that far fetched. They denied me SC on a condition for over 5 years because the C&P doctor only used my first enlistment and put it in writing that she did so. The VA refused to change the status despite having their noses rubbed in their own words. Gathering the best evidence possible and introducing it at the appeal sets a stage for any later legal action. Remember Chris Attig's advice to include a challenge to the C&P examiners credentials in EVERY NOD? his reason as stated is because if you don't challenge at the first opportunity, the NOD, you can never raise that claim in later courts. The same applies to other evidence and challenges you might make to a VA rating. So while the "simple" way SHOULD be the best, fastest, and most sensible, we are dealing with the VA and none of those may apply.
  10. 1 point
    Thanks Patton, Will you keep us updated on your appeal also? We all can learn from your experience, and maybe it will help some of the Veterans that have served our country that say the hell with the VA- They can take the claim and shove it.
  11. 1 point
    Welcome, As an old old squid I get it. As for them being a sham, that is a strong word. They are businesses. nothing more. Unlike Chris Attig at the Veterans Law Blog, which i am a member of, they are out to make money. Bronco, GB and Vetquests advice is accurate but you ultimately must decide if the cost is worth it too you. Remember with those paid folks the costs of their pet examiners is tacked onto your bill. Their value is that they have those folks on a leash and front their fees and costs. I suspect, but don't know, that they pad that bill when they tack it to your debt to them. Unless you are on the verge of death and your spouse/heirs are too distraught to dig into the fight, then In my opinion, I would suggest doing the initial filings yourself. Use the VLB training or even consider the NVLSP Basic Training Course online. It is 150 upfront but it teaches you how to be an advocate...and you need an advocate and the best one is you. https://nvlspbasictrainingcourse.com/product/online-basic-training-course/ It was created in partnership with Lexis-Nexis And come here to ask direct and detailed questions.
  12. 1 point
    I had this happen once before. I called VES (the Contractor) and asked them to resend my DBQ to the VA. Then I called the VA, stating that I had made the appointment and that VES stated that they would resend my DBQ. The VA stated that the Contractor did not address the questions that the Rater had. Three days later my claim was reopened, so now I am waiting for a new C&P Exam.
  13. 1 point
    Just guessing: you are harmed; don't you have to state HOW you are harmed in the claim? i.e. financial deprivation?
  14. 1 point
    Another possibility: did you put in for travel reimbursement, since it was for a C&P exam? If so, you have proof .
  15. 1 point
    I know we have to file by a certain day of the year the first time and then they send us a renewal now every year in our county, I would call the county appraisers office and find out what you need to do.
  16. 1 point
    Ebenifits doesn't list aid and attendance in the service connected disability list ...you have to look under additional benefits .. if it was granted it will be the first thing listed in the listing...
  17. 1 point
    I am with shrekthetank on this one. Since there was already a police report I would inform the VA. Police contact is a sign of severe PTSD. It sounds like a week or two of inpatient care may be needed. This should also help with his claim.
  18. 1 point
    no one can answer that truthfully. I suspect that it may come up If it does come up in a rating decision or C&P, then it is your job to A) demonstrate she did not actually ask those questions/ write it up truthfully OR B) prove it is has gotten worse. Further, and just accept this for now, if they do say something about it, it lets you attack her credentials which you "might" need for down the road at higher courts but have to do at first opportunity, the NOD, or you can lose your right to challenge them.
  19. 1 point
  20. 1 point
    So this sounds just like what happened to me. You need to appeal this as they messed up your EED! Did you apply for them all at the same time? I mainly sounds like you have some fighting to do!
  21. 1 point
    Kanewnut said in quotes"I’m on a “Mission from God” to help Veterans (to plagiarize John Belushi)." This is from Alex's web site here: https://asknod.org/2019/08/21/vas-ama-i-think-im-turning-japanese-at-least-i-think-so/ Under " Arrogance", the commenter is referring to hadit. "Gary Butler says: August 22, 2019 at 04:45 Personally with your website I find no need to go there. However, just for chucks and grins I went to the root of the website. Maybe its just me, I clicked on every single hot topic and every one took me back to Google with a search on Tinnitus… Anyone get the same result as me? Spend your time here it is a much better source of information!" --------------------------------------------------------------------------------------------------- I feel Alex should not be garnering public criticisms of hadit, at his own site, which is available here, just because he was wrong about CUE. Months ago I asked here two or three times or more, for others to get up to speed on CUE. I had realised that he probably had a Google alert that said CUE Berta Hadit. He would immediately show up here and demean any advice I would give anyone with a new CUE question. I have put up with that many times in 2019 , and maybe it happened after his knighthood by the CAVC, in 2018 as well. I no longer have to put up with it at all. I am glad that others have disagreed with his advice and they were right- but unfortunately they and hadit are part of a discussion at his website, that I feel is very inappropriate. Of course he didn't put in the whole thread-just his boo hoo side of it. And I don't think he mentioned any of us by name. Or specifically hadit. Except for the Logo and the Radio shows he has done here. He just copied some of the posts from this discussion. Then again I will go over his entire site to see if he garnered hadit put downs in the past. Or used my name or my advice in any negative way. His site is available here at hadit. edited to add: He did mention one name- "Dawsonatl’s decision"- they know he meant this site. .
  22. 1 point
    Quote of the day is right - fair enough!
  23. 1 point
    God is Good! Hello Hadit Family!! I started my battle with the VA on May 12th of 2014 and I finally won my claim. I got the award letter out of the mailbox on Thursday August 1st 2019 (please forgive me for not posting the good news sooner, I was overcome with emotion and burnt out from this process). I wasn’t even going to file a claim but my mother, who is the driving force of my life has encouraged and supported me (physically, mentally and financially) throughout these last five years. It took countless hours of self study reading VA laws and regulations, court precedents, the M21 training manual and even using their own language against them (from the three denial letters that I received over the past five years) to finally get them to acknowledge my disability. The VA rated me 50% direct service connection for Folliculitis for my face (and yes, I feel that this is a lowball rating which I will be appealing shortly). The surprising thing is that they also rated me 0% for Folliculitis for my “chest area” for a combined rating of 50%. Didn’t expect that, but I will take advantage of it since I already have the evidence to justify it established in the claims file. I never gave up, even after spending endless days crying in my room after each denial letter. My mother was always there for me to give me words of encouragement and keep me strong. I look forward to interacting with my new Hadit Family. This victory goes out to every veteran who has died while waiting for a claims decision and everyone currently battling the VA today with a pending claim. I will be on this site to share my knowledge and contribute as much as my disability allows me to (and yes, I do plan to file a claim for secondary conditions in the near future). I hope my success story encourages someone out there to keep fighting and to never give up for what you have already earned. Take care and have a blessed day!!!
  24. 1 point
    Your VSO probably did this to protect your "effective date." Try to stay one step ahead of them when working your claims. No one knows the merits of your claim better than you do. Hang in there!!
  25. 1 point
    I think you need a doctor to say they are caused by the PTSD.
  26. 1 point
    No, it looks like they reopened a claim that was denied from your 2015 claim. Getting EED back to 1978 would be very difficult since you were denied and never appealed. This statement means that you will not receive benefits prior to Sept. 23, 2015. They are saying that you were SC as of the date of that examination.
  27. 1 point
    Well, yes. If like you said the decision was reversed. Hopefully, they were truthful to you at the review. And if you have back pay coming, do the math to confirm they didn't short change you also. If not sure, you can also appeal that as well.Go get a cup of coffee and wait. Maybe two cups!
  28. 1 point
    There are a lot of things in which need to change and you are right in that people shut of their minds and not think about what they are doing and how it affects those around them as long as their point is right! I am sure we could go on for hours on different things people are doing to fight the (other side), but one thing we can do is to stand up for those who are marginalized by people or the system so they can get the help they need! No matter what their background is or where they came from! almost everyone in America wants to be safe and to live a good life! We have all put a good fight for most of our lives, but I will not sit back and just watch as I see people being hurt for doing nothing more than protecting their family. I saw this a lot in Iraq, there were those who were there to hurt us, but there were also those who did what they did because their family was being held hostage. I did what I had to do to come home, but there is always regret in some of the choices I made! Remember this when thinking about laws as they are there because of politics and typically not because they are good for anyone. Slavery was legal. Helping a slave was illegal. Let that sink in as laws are not a moral compass! Laws typically favor the rich! Help anyone you can! Love everyone!
  29. 1 point
    So my two cents on this matter come from a totally different point of view as I was raised in a cult to stay away from anyone not in the religion and that anything not accepted by the religion is bad. From seeing the world from each point of view of which I can I have found there are those who are too extreme in all their views and they push and agenda on you or someone else. Anytime someone tries to take something away from you like your right to choose, then they have gone too far! It is my body. It is my mind. It is my heart. One thing I cannot stand is a group of men coming together to make choices for women. There is something fundamentally wrong with that! No matter what side of the party line they fall in! In fighting for freedom I have seen so many taken away in which our constitution gives to us! Our country has a big problem with it's laws and having so many with so many ways to go to prison. When 325,000,000 (7.7 billion people) people have a 1/4 of the worlds prisoners, then there is a big problem! We each have right to our opinion! We also can keep our opinion to our self and not push it on the rest of the world! I have lived the horror of an extreme and I just want everyone to leave people alone! Allow them to live a life they want to live not one we force onto them in either direction! It is interesting in reading the bible and how all the men who wrote it had very strong opinion on certain things and pushed their agenda on people. When you read about Jesus he did none of this. It did no matter what you had done in the past, he loved you unconditionally! He wanted everyone to love and be loved! He wanted no one to go hungry and to do the right thing without judging! I hope deep in my heart someday we will let go of these things that rip us apart and just love everyone and stop judging and be there in the moment! Love always! Be strong! Forgive fast! Stand up for kindness!
  30. 1 point
    make sure you log out so your wife doesn't read that LOL
  31. 1 point
    Has anyone ever tried to have an outside ENT/audiologist do this test for an INCREASE in your rating. Wondering if this would also work and the VA accept the findings for an increase say to go from a rating of 10% to say 20% or 30%?
  32. 1 point
    get over that idea ASAP! You must be the BEST ADVOCATE for your husband. No one else will be. Certainly not the VA or the Government agencies and certainly not the NGO's that get tax payer dollars to do the things to help you. some of these groups seem to erect more barriers than they solve, and you will never know until you are a victim of those barriers. And I hate the word "victim", but that is what vets become because of those artificial barriers. I am an old guy, in fact I am two days older than dirt. I am fiscally conservative and socially liberal. I hate wasted tax dollars but strongly believe our social safety nets are being destroyed by conservatism-run-amuck. There is no balance in our very wealthy nation and it is only getting worse. You and only you can take charge of the situation. Learn how to advocate for your husband, children and yourself. To any person you run into who tries to look down on you for asking for help, give them your middle finger. Tell em, Don't let the Door hit Ya, where the Good Lord Split Ya. Tell em to Kiss my Grits in the words of Florence Jean Castleberry aka Flo. Tell em to F' themselves whatever works, just dump that sanctimonious jerk out of your life, and do it forever. Never give anyone Free Rent in your head. If you have a tenant there now, evict them.
  33. 1 point
    welcome @MAC64 First and foremost to understand your situation properly more information is needed. To get that information in its clearest form please upload your Award Letters, all of them, DBQ's if you have them, Code Sheet and other supporting docs . Cover your personal identifying data thoroughly. simple black marker doesn't work.. heavy sharpie or scan doc and redact using Word or PDF editing software. CUE is a Clear and Unmistakable Error that has to be attacked using Law instead of just a difference in opinion or diagnosis. Without seeing those docs I cannot say if CUE is probable but you should have a New and Material Claim. The dates are important, and if the STR's were in place when the denial C&P occurred and the VA overlooked them then they are "new" and they are "material" to the denial.
  34. 1 point
    Take a breath! Monday you start to turn over every rock until you find one who will help! We will find someone to help! Don't feel like you can't ask us for help as I am sure we have ways to assist you! If it were me and I made every effort possible by the end of the month I would take it to the news and give them the story of how broken the system is! Keep doing it till someone gets off their ass and does their job to keep you and your family safe! Your family has served this country and now it is time for this country to serve you! This is your moment of need!
  35. 1 point
    The VA does not want anymore bad new about Suicide or a family lost everything, because there was no program to help the vets family! Push back hard! There are more here who will chime in I am sure and they might have some good ideas!
  36. 1 point
    In addition, if there is a high value amount of back pay, it also has to go thru several signature hurdles as well.
  37. 1 point
    Good deal on the stairglider. I am glad to hear the VA is doing something positive without you having to pull teeth.
  38. 1 point
    Not only did the RO do so but it is on intent. And if you have to ask a question, not knowing the answer before hand, then the answer is yes, for that as it was shown there is a system before you started and hit start game--The Legend of Zelda. For that "first impressions matter" and on the spot are granted to proceed. For that most submit claims are blank "book reports." Remember doing book reports in school, this is the same exact thing. What you originally did was turned in a blank book report and expected to get an A from the teacher who isn't even in the class room as it was shown in the movie Real Genius, watch the film. My original claim the C&P doctor said I had GWS but didnt sign the DBQ and I moved on with my life, and now after lawyered up, my lawyer and I are fighting this. Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.
  39. 1 point
    Alcohol consumption until memory blackout, and subsequent passing out, was the way I coped for many years. Even today, I still want to escape by abusing alcohol because of what I can't erase from my mind...even knowing it would only be a temporary escape. If I didn't really love my wife...my train would definitely derail. VA sucks.
  40. 1 point
    I agree with everything GBArmy sates. I am going on the assumption that the disabilities he listed are already assigned. But you only list 10% service connected. If you are not recognized for these disabilities his mentioning the disabilities without explanations and diagnoses may hurt you. IE, only a VA doctor can diagnosis PTSD. As for the others, he must make a decision on whether they are service connected. As for the lumbar spine disability he makes a great case but must say that it is more likely than not that the lumbar spine issue is related to your military service.
  41. 1 point
    I have to respectfully disagree, if I would have followed this advice verbatim I would not have filed my CUE and won it. Even though a decision may be "ripe" for appeal, if an individual feels like an error has been made, it would be wise and logical to file a CUE or as @GeekySquid stated do both, an Appeal and Cue once you have it perfected. Good luck at @kanewnut, crossing my fingers for you.
  42. 1 point
    This is my opinion; I don't think there is only one answer, so this is mine. If the examiner does bring up alcohol consumption, come clean. Tell them 10 beers. I would be proactive and say that during a previous exam you were asked and tell them that you had cut back for a few days going into the exam but that didn't last long, and now you are back to your old excesses. That way you would be trying to deflect the decision that you lied to them during exams. Look, you have a major problem with drinking. If you did get a reduction in your rating because you no longer drink, believe me, it would be a high price to pay but worth it. You are ruining your health because self medication is an easy way out. Many on here have been there, done that. Most of us will tell you it is not the answer and the sooner you get help with that, the better chance you will have with success with your other therapy.
  43. 1 point
    Again, I don't see a true CUE-merely an adjudication error that would normally be corrected with a HLR or a NOD to the BVA. Either one is viable but the HLR has a known denial rated in excess of 76%. CUE denial rates are far higher because the legal standard of review is so stringent. If everyone is totally gung ho on using M 21 cites to defend this, here's another one that really makes more sense: VA's M21-1 provides other avenues for quick correction of rating decision errors. See Jan. 26, 2018, Order at 7 (citing M21-1, pt. III, subpt. iv, ch. 7, sec. B(3)(a) (the RO "must . . . correct the Narrative section of a rating decision if after the claimant has been notified of the decision it is discovered that inaccurate information was provided such as service dates or entitlements)); id., sec. B(3)(b) (requiring correction of errors on the rating codesheet); id., sec. B(3)(c) (requiring referral of an erroneous decision "to a decision maker to issue a new decision" once an error has been identified). Fixing it-- III.iv. 7 B.3.c Rosinski v Wilkie 2018 - #0678 Always remember, a true CUE is a motion to revise using §3.105(a). That requires, at a minimum, that the original decision is final. A CUE cannot exist unless or until it is a final unappealed decision. As this decision is still ripe for appeal, it is merely error and the correct repair order, by operation of law, is to appeal the error. But shoot- what do I know? I am preaching to those who insist on using a different legal standard of review. However, I do offer my best wishes for a successful conclusion in the shortest amount of time. And with that in mind, I will desist and accede to all the others here with far greater legal expertise.
  44. 1 point
    Awesome! Looking forward to the outcome.
  45. 1 point
    Both Shrek and Geeky are hitting on what is all important. When you are talking about homelessness, and especially if there is a child involved, it gets their attention. In Ct., they tout that the State is "basically free of homeless vets" (which is b s, but that is a subject for another time). So if you call the state dept. of veterans affairs, they call any service organization they know to help cover the situation. If they can't get something, by night time they will put you in a motel. They don't want to loose their "new-found status."
  46. 1 point
    I do not think that anyone can really say how long things take after you are flagged for financial hardship. Was your BVA case returned with a remand or are you still waiting for it to come back from the BVA? Depending on where it is you might be able to file a writ of mandamus.
  47. 1 point
    There are a few things missing here, as Alex pointed out-: You just got the denial but have an attorney already? Is the attorney handling a prior denial? If so did you sign a fee agreement that would warrant him to handle anything you were already denied for, as well as this new denial? Did you send the VA any past employment information that they needed? This makes no sense at all to me: " After a C&P exam for the rating increase in December I was approved for the increase this March of 2019. Was that when you got 70% SC PTSD? "A second exam for a medical opinion regarding TDIU because of my PTSD was scheduled May 13, 2019." ? "More recently, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) held that "a veteran may only qualify for a given disability rating under § 4.130 by demonstrating the particular symptoms associated with that percentage, or others of similar severity, frequency, and duration." Vazquez-Claudio v. Shinseki, 713 F.3d 112, 116 (Fed.Cir 2013). The Federal Circuit explained that in the context of a 70 percent rating, section 4.130 "requires not only the presence of certain symptoms but also that those symptoms have caused occupational and social impairment in most of the referenced areas." Id. at 118. The Federal Circuit indicated that "[a]lthough the veteran's symptomatology is the primary consideration, the regulation also requires an ultimate factual conclusion as to the veteran's level of impairment in 'most areas.'" Id. " https://www.va.gov/vetapp18/files4/1824908.txt Their citation, Vazquez-Claudio v. Shinseki, ,ight help you, but then again you left your job yourself-and maybe there employers you listed and they contacted said you disability did not impact on your work. Performance appraisals, or whatever you have, to prove it did have impact would help--- then again I am talking in the dark.......we need to see their denial and the evidence list they used. My husband went from 30% SC PTSC ( which they tried to reduce when he worked for the VA) to 10%, was rated at 100% P & T SC PTSD after he died. I followed the evidence requirements I needed, as his surviving spouse -claimant for accrued benefits- and sent them to the VA, they never considered him for TDIU, but his form was still in the C file after he died....I guess they can't award TDIU to a dead veteran.
  48. 1 point
    Switched back to Viagra as their VA ED RX formulary back in 13 or 14. If one gives use a problem, Secure Msg your VA PCP, they'd let you take a run at the Cialis. You never got more than, as I recall (2) large Pills that needed to be split. PCP could refer you to the VMC Urologist to address trying the Vac Pump or Suppository you use for the private Insertion that worked but seems to lite you and your friend/wife on a bit of a burn sensation. Remember, if it last past the 2/4 hrs, you THE MAN! The VA has decided that you only need to get your ashes hauled 4 times per month.
  49. 1 point
    RW, copy that. Remember the days of the old "Diamond Cutter?" We thought they'd never end. Went from walking around with a "Deadly Weapon," to a "DEAD WEAPON." God certainly has a sense of humor. Semper Fi
  50. 1 point
    Jessie, I have been thinking more about your sons claim. There might be a shot at taking the blood study that was done at the time of discharge to a specialist and having him write a report that the test results are consistant with the onset of PV. Additionally, there is no known cure. This is essentially what I did on my angioedema claim and it worked for me. This would establish onset while serving in the armed forces. Whether or not it was caused by JP fuel is no longer an issue. The VA would have to show a perponderance of evidence or even clear and convincing evidence that the condition was caused by factors after service. That will be very difficult for the VA to prove. My claim was essentially a slam dunk. It still took seven + years to get service connected. The VA appears to show resistence to chemically based claims. Did you check out the link to Metzger Law link that I posted earlier?
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