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  1. 3 points
    "Ladies and gentlemen: the story you are about to hear is true. Only the ratings and dates have been changed to protect the innocent." Yes, it is very possible, This is just an example: Granted 100% in 2010. In 2012 BVA grants an appeal with a new separate claim effective 2005, retro payment is paid. NOD for increase and local VARO grants it effective 2013, no retro payment due. Files a new NOD and appeal goes back to BVA and BVA grants EED to 2000 with new increased rating. So that rating will generate a new decision with a retro payment due. So the local VARO thought they could get away with granting the increased claim with absolutely no retro. So you appeal and get a higher retro going back even further. P.S. STOP READING MY FILE....
  2. 2 points
    Look up the medication side effects. More importantly, migraines are definitely secondary to PTSD and typically easier to prove. Anxiety and stress absolutely cause migraines. I would absolutely recommend you investigate that route before you try to claim it was caused by medication.
  3. 2 points
    Another warm tale for when you're self-isolating. Be safe. https://asknod.org/2020/04/02/ft-pea-gravel-arkansas-ozark-mountain-daredevils/
  4. 2 points
    Truth is truth and there can only be one truth. There are a lot of veterans on this site and others looking for help and insight about how to proceed and win their claims. From the respondents point of view we post from our experience with no sugar coating. We are still getting today veterans asking for understand of how VA can deny their claim(s) while they have given VA everything VA needs to grant their claim(s) but for some reason it was denied. Just read through a few of them. This is not something new for VA, VA have/has been doing it for years. Just this week I responded to a post where a veteran just got denied after having their congressmen check on their claim. I informed them a few years ago I put in for a financial hardship case and my claim was expedited but my expedited claim was denied even though VA had the evidence. I also post that I continued to file my claims until I was granted 100% scheduler and recently won an EED CUE claim back to 1998. This is the truth and this is current. Twenty years ago when VA denied my claim I did not have a huge file , I would say no more than less than a ream of paper and they have about 500 sheets. I know my file had less than that so I don't know how VA missed their own VA stamped with a date prior to my denial. I don't know how the DRO missed it. I don't know how the BVA judge that remanded it missed it after the local VARO rejected the remand and denied my claim and forced me to get a lawyer who didn't miss it and agreed with VA lawyers to remand my claim. You as the OP (original poster) must understand that many people post for different reason and some that say they want to help really don't want to help. Take it with a grain of salt and check every avenue that will help you understand and get you the information you need. It's crazy how you can call VA 1 800 Peggy and get one answer and wait about 2 hours and call back and get a totally different answer. Be aware, be forwarded that everyone on this site and other sites may say they want to help but do your own homework and check the facts. I understand that it is scary out there for all workers but it is even more scarier for veterans waiting on a positive outcome about their claims
  5. 1 point
    Well I am pleased to announce I have another check going out to Hadit from my back pay. I finally got an increase after 3 tries for CAD by way of Agent Orange. I am also a believer you share your good fortune, and without all the help here on Hadit I wouldn't have been able to do it. I encourage veterans to consider donating especially when they finally get what they deserve.
  6. 1 point
    I worked for the VBA for a couple of years processing claims and I still have friends there - one of whom is a manager now and another one is a DRO. If you submitted a DBQ before the date that they were phased out it's possible that it will help you unless it's one of those that they view as telehealth or fraud. If it's sent in after the date they were phased out then you will be sent out for new C&P exams. If you read the OIG report, you will see why this was done. The old DBQs didn't even have a place on the forms where the examiner could certify that the exams were done in person. The VA has also claimed that they have updated all of the DBQs that they use in C&P exams and they did not update the public use DBQs. They also claim that updating the public use DBQs will take some time but I doubt that they are even considering this. With that being said, if you have it I'd still send it in though. If you don't get what you want then appeal it and BVA my see things differently.
  7. 1 point
    Also I would contact your congressman or woman. Once I got them on it they had it out in a week
  8. 1 point
    I posted something like this the first part of the week. It is truly sad VA is ready and willing to jump in action when there is a crisis but veterans live with/through hardship on a daily bases waiting on VA. In case you didn't know honestpete992 and I are one, I had to change my username and password.
  9. 1 point
    https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5412 VA Extends Financial, Benefits and Claims Relief to Veterans Washington - The Department of Veterans Affairs (VA) announced today a number of actions to provide Veterans with financial, benefits and claims help amid the COVID-19 pandemic. The financial relief actions include the following until further notice: Suspending all actions on Veteran debts under the jurisdiction of the Treasury Department. Suspending collection action or extending repayment terms on preexisting VA debts, as the Veteran prefers. For benefit debts, Veterans can contact the VA Debt Management Center at 1-800-827-0648 to make arrangements. For health care debts, Veterans can contact the Health Resource Center at 1-877-222-8387 to make arrangements. The benefits and claims relief actions include giving Veterans the option to submit their paperwork late for the following actions: perfecting claims challenging adverse decisions submitting Notices of Disagreement submitting Substantive Appeals responding to Supplemental Statements of the Case Veterans requesting claim extensions can simply submit them with any late-filed paperwork and Veterans do not have to proactively request an extension in advance. For added convenience, VA will also accept typed/digital signatures instead of wet signatures on its forms. Those with questions can call 1-800-827-1000.For Veterans who have been diagnosed with COVID-19 and need immediate action on their appeals, as opposed to a filing extension, the Board of Veterans' Appeals will Advance their appeal on Docket (AOD). Click here to find out how to file for AOD and what documentation is required. “As all Americans come together to fight the COVID-19 pandemic, we want Veterans to be focused on their health and safety,” VA Secretary Robert Wilkie said. “That’s why we’re taking action to give those with pending debts, claims and appeals greater flexibility during these challenging times.” ###
  10. 1 point
    In most cases, this should be sufficient. However, in doing research veterans need to pay attention to the statistics. Many drug fact sheets will break down side effects as common, uncommon/less common, rare, and even contraindicated. For rare side or contraindicated effects, be prepared for the VA to challenge the non-VA IMO/IME. The VA likes to use the statistics against the veteran. In my case, the VA gave me migraine meds for years and I had a heart attack shortly after taking the medication. The drug insert contained some strikingly scary language, but the VA C&P doc said it was statistically rare and felt other risk factors were the cause. My non-VA neuro doc examined the C&P results, my VA medical records, and came to a different conclusion. Some medications require the doctor to state in writing that they have discussed risk factors with the patient, but the VA never did this. The doctor felt the the statistically small risk of occurrence failed to account for the known presence of other risk factors, which when combined together amplified the risk significantly.
  11. 1 point
    Unfortunately VA is VA and they could do anything. Not knowing if your C-file is still paper or in the system this could very well delay anything and everything. If and I say if your C-file has not been converted to the system it cannot be in two or three places at the same time. If your C -file is in the system then it should not cause a delay. Keep in mind that VA does not need a reason to delay your claim or copying your C-file. It is a gamble a crap shoot. Even when you think you know they (VA) still pulls a rabbit out their --- and cause confusion. I am not trying to be negative these are the facts
  12. 1 point
    Many DIC recipients are GSW members-I just got this email: "Hello all: Every once in a while organizations are subjects of SCAMS. You can find anyone and anything on the internet and scammers are getting more clever all the time. Sometimes it is a false request from chapter president to the chapter treasurer requesting funds. But this is a new one and please do NOT FALL FOR IT. We would never send out a request like this. Always check the email from the sender. If you have any questions, please contact your officers and ask. Do not ever send money to a request like this!!!!! Here is the wording some of you recently received: Are you available to assist? I am out of the State now and I've got credence in you to take care of this.I would have called your phone but I presently do not have access to my mobile phone. Gold Star Wives of America,needs some gift cards for donation to Veterans at Hospice and Palliative care units for preventive items from Corona Virus Disease ( COVID 19). I have decided to make it a personal duty. I will be responsible for the reimbursement. Nancy Menagh, Nancy Menagh President, Gold Star Wives of America, Inc. 503-951-8634
  13. 1 point
    Update: I guess I complained long enough that the VA decided to mail me a machine after all. They just called and said I should have it by the end of the week. Thanks to all for the great advice - I learned a lot here and will be back!
  14. 1 point
    I thought something was off on the topic title. The words "VA" and "executes" used together in a sentence... Yikes!
  15. 1 point
    That I can't tell you. Im sorry. I don't know. Claims are assigned to people electronically to work, so they DO get audited and those that are sitting in suspense somewhere get picked up and re-assigned. but I don't know much more than that.
  16. 1 point
    If the C&P was done by the VA, it can be seen 30 days from the time of the exam under the blue button reports. If it is a contracted C&P, you will have to go to your VSO or such and get a copy. If you aren't in a hurry, you can submit a freedom of information act request for it (takes about 12-18 months).
  17. 1 point
    They are all still working, just virtually through a VPN from home. Some things take longer this way, though there is still access to all the systems, its just slower because not everyone lives where there is good highspeed access.
  18. 1 point
    Just make sure that you do some research. Have evidence to back up your claim. I have recently submitted a claim for migraines secondary to PTSD and other serviced connected disabilities and from side effects from medications for serviced connected disabilities. Had a C&P exam with LHI, of course a nurse practitioner, he stated that PTSD does not cause migraines. DENIED. As long as you have an IMO/IME stating that migraines are caused by your SC PTSD and medications for PTSD, you should be good to go. If not, you will be fighting a battle as to what I am doing as of today.
  19. 1 point
    Really not sure of what's going on with your claim but I do know that it is illegal for VA to decrease a veteran's claim when the veteran files for an increase and the disability is static. Always keep in mind that VA will try anything and only get away with it, if the veteran doesn't appeal. As you can see VA tries this a lot. Not sure if a retro is due but your rating should at least be restored.
  20. 1 point
    I served from Oct 2010 to Nov 2018. The medication they gave me for the anxiety does have the side effect of headaches
  21. 1 point
    Jet187 Your rated at 80%. Youbetcha call and see. I have no idea what it costs, but if it like you said that they always check you for it as part of monitoring your s-c conditions, ask them how to go about getting it. They may be more informative as to how to push it. There is nothing to lose; go for it!
  22. 1 point
    I still think Bronc is correct. If you have my healthevet, go to secure messaging and send a message to the doc that you need it, a necessity and request the VA to provide. The nurse and or doc may have a change of heart inf their answer is in writing IMHO.
  23. 1 point
    Look up the medication and see if that is a side effect. When did you serve? asking because Headaches are presumptive for gulf war vets
  24. 1 point
    April 2020 already.
  25. 1 point
    IMHO, my thoughts are even if the veteran's claim is denied due to VA's discontinued the private DBQs, the veteran should win on appeal if the DBQs are properly filled out by a regular treating doctor. The problem was, VA discontinued the private DBQs because VA believed that the doctors filling out and signing them was being paid for by the veteran but under the scope of being treated for a condition/disability should have a different outcome. The doctor would be working in his or her profession and in their medical field and not for profit. We must understand that some not all DBQs were in questioned, So if the treating doctor is a local doctor that treats the veteran on a regular basis then the DBQs should be good.
  26. 1 point
    https://www.blogs.va.gov/VAntage/72899/blue-water-navy-veterans-received-140m-in-retroactive-benefits-in-january-february/ If you are a Blue Water Navy veteran with an AO presumptive, or were denied in the past for an AO presumptive, and your ship was on the AO SHIP's lists from VA or your deck logs put you into the 12 mile limit off shore of Vietnam , everything you need is in this forum to adequately prepare and file your claim. This goes for survivors of above veterans, as well.
  27. 1 point
    Ebenefits is pretty accurate in my opinion. It does show an estimated completion date and in my experience, updates faster than VA.gov.
  28. 1 point
    Hamslice, even though VA has discontinued the checklist, unless something else has change, a veteran can still have his/her treating physician to write a statement in his/her progress reports(treatment notes) that the veteran's condition is as least likely as not caused by or the result of military service or the veteran's condition is as least likely as not caused by or the result of the veteran's already service connected condition to win service connection.
  29. 1 point
    Hamslice That kinda paints the picture that the VA is almost conspiring to deny rather than maximize the benefits a veteran is entitled to. Now you know the VA bends over backwards to find a way to get us what we deserve. Right? Well, we just have to keep on sharing info and helping others finds out what works. "You don't lose until you quit trying!"
  30. 1 point
    Here's the deal. The VA had a secret code, with the "as least as likely" bullsh** that had to be verbatim for your claim to succeed. Then, some Veteran's broke the code, found the required terminology to win claims. Then, the VA started using a checklist for the Veteran's claim. Then, some Veterans found the checklist and started using it to win claims. Well we can't have Veteran's winning now can we, Didn't think so, Hamslice Now, it will take another couple years to find their new formula, and when we do, we ride!!!!!!
  31. 1 point
    What's good for the goose is good for the gander. When it comes to money there will always be someone trying to get over. OK VA called foul and fraud about veterans paying for DBQs by physicians who never treated them. What about the C & P and the QTCs examiners who never treated the veteran and has only seen the veteran for about fifteen minutes to I say maybe two hours ( I know really stretching it out). IMHO if VA discontinues the public facing Disability Benefits Questionnaires they should also discontinue the private Disability Benefits Questionnaires. Most veteran already have a diagnosis by their VAMC or Private treating doctors but VA won't accept the veteran's medical records and ask for a separate C & P exam either internal or external (VAMC C & P EXAMS or QTCs EXAMS). What about the Foul and fraud from VA where the VA pays these examiners for their opinion.
  32. 1 point
    It's just like with most things where unscrupulous people abuse and take advantage of the system. Everyone ends up being punished.
  33. 1 point
    Thank you Broncovet- some members here are getting inaccurate advice from somewhere- I will repeat this again- The fastest awards I ever got, after denials,involved CUEs I filed the day after or week after I got the denial. There is NO regulation preventing you from doing that. There are a few vets here who took my advice and got a fast and positive result by filing CUE right away. As I mentioned before M1-1MR was changed regarding CUE, due to my letter to former Secretary Shinseki. I directed him to my C file, as evidence of my position, asking that HRLs should seek CUE when a decision is made, and that is now in M21. Also I suggested to extend the NOD deadline when a Reconsideration is filed. That too is in M21-1 now. Also CUE IS NOT a ONE SHOT deal !!!!! A denied CUE can be re submitted, if it does not follow the CUE criteria. If the BVA denies the CUE, they will often ( but not always) say the veteran or survivor is "not prejudiced":to re filing. That means the claimant can re work the CUE to fit into the legal criteria, and refile it-and if it succeeds -they will have retained the same EED ( in most if nt ll cases) that they sought with the original denied CUE. There is plenty of info in our CUE forum on that as well. Someone, who probably never won a CUE claim, is telling vets here that they cannot file CUE within the Appeal period, and probably this person is still saying CUE is a One Shot deal. If a vet rep, lawyer, or agent tells you this crap (because they have no case law to support that statement) ask them to join us and I will give them a lesson on CUE...... I will put this in a new topic in our CUE forum. I am tired of repeating this info. And tired of realizing many vets who think they have a CUE, never read the CUE info that has been posted here ad finitum.
  34. 1 point
    I have found all documents to support my claims and they're in my possession. Yes. I have been doing a lot of research! Interesting note*: My prior claims were lost for 28 yrs and then for some reason they found out that I had lost my place in some docket and every time it came up it would be shuffled back to the bottom! Isn't that illegal? (explanation from a VFW person at the Seattle VBA!) This is just all really weird, but I am not giving up! Thanks Everybody!
  35. 1 point
    Excellent advice! The route to higher ratings is often increasing existing ratings. If you have evidence within the past 12 months showing you meet the rating criteria for a higher percentage, consider submitting it and requesting an increased rating. If the VA sends you for a C&P, it usually means they may either need clarification or your evidence is nearing 12 months from the time you filed. Remember, increases do not require a nexus. Another avenue is secondary disabilities. When a SC disability, or the medication used to treat it, causes another disability, consider filing for it. Of course, secondaries require a nexus. I'm glad you are not giving up.
  36. 1 point
    Preach on, that. Im P/T for MH (MD, as he puts it) along with physical issues. My lower back nerve damage at 42 is bad enough to cause constant continuous pain and discomfort/neuropathy, but not in a safe enough location to warrant operating because if they screw it up ill be using Big Boy depends for the rest of my life, among other things, not just the shields I use now. That bit that Martin Riggs from "Lethal Weapon" says to Murtaugh about having to think of a reason every single day to get up? Yeah, its kinda like that. I really hope, Paul, that you reach out when it gets like that to the rest of us, or the phone line, or a friend, or whatever you gotta do to help get you around those.
  37. 0 points
    HLR closed! Under review is compensation issues! Does any one know what that means?
  38. 0 points
    I saw this on military.com the other day. Wow, the VA is batting 1.000 with the awesome new decisions coming down; clearly on the side of the vet (eyeroll). I certainly intend to write my congressman and two senators regarding these changes. To me, this is taking a 20 year leap backwards. Very disappointed and disheartened by these changes. Sgt. Wilky
  39. 0 points
    The VSOs do get 48 hours to review claims but most of the time they just let it expire or sign off on it without really reviewing them.
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