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  1. 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
  2. Buck, you sir are also greatly appreciated. When I found this site like others, "I was mad as hell and I couldn't take it anymore." I remember the quote but I don't remember who said it. This site is somewhat therapy for me. Plus I can glean a little about my own claim. Never could I imagine that so many veterans would be going through some of the same situations. Even some are so dang close to my claim I can swear that someone is looking at my claim and posting or responding to my post and it is scary. Maybe it is my paranoia but they are real close. Dealing with some of the Sugar Honey Ic
    6 points
  3. You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community. Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction. You all made that possible. Thank you.
    5 points
  4. I am down to do $25 a month starting next month.
    5 points
  5. I WOULD ASK FOR MEMBERS TO SEND IN WHAT THEY CAN & IF MOST OF THESE VETERANS ARE LIKE ME I CAN'T AFFORD TO SEND IN 150.00 DOLLARS A MONTH, I AM LUCKY TO SEND IN 100.00 A YEAR OR EVEN 50.00 . I THINK A 150.00 A MONTH FOR EVERYONE IS WAY TO MUCH FOR THE AVERAGE VET. SO maybe if some of the members can send in what they can and don't hurt themselves, it all will add up..all of us that stay on hadit should donate what they can and not hurt their family's this should be at least be enough to keep hadit up and running. (jmo)
    5 points
  6. I usually come to answer questions, but I started out asking them. I dont often get "stumped" anymore, at least not when it comes to benefits. However, I still have areas where Im still "weak", such as on DIC and widows benefits, thank God we have Berta for that. Im pretty sure I have answered at least 12,000 questions. Years ago a school teacher told me, "You dont really learn something until you try to TEACH it." I have won all my benefits, back to 2002, even tho multiple Vets advocates, including more than one attorney, said that would not happen. Persistence, preperation an
    5 points
  7. Thank you Ms T , had you never got hadit going most of us would not be where we are today and all of us vets old & new We thank you from the bottom of our hearts for that . I am grateful to you for getting hadit going its a wonderful site and after were all gone ,I hope and pray these new young veterans will keep hadit .com strong as it always is. hadit has been a therapy for me when nothing els works except the hot-line # when I am down and depressed and my anxiety gets the better of me and I can't think Hadit and its members make me want to live and be a better m
    5 points
  8. Buck, Everyone's story is different, but our adversary remains undetoured. With your help and all the help of others on here, I too find hope and I trudge on, Thanks, Hamslice
    5 points
  9. Bob was a Naval Radio Intercept Officer at the Consulate when the poop hit the fan in Hue during New Year's '68. He got his first V for Valor that week and learned how to operate a M 79 too. He may be Navy but he's my neighbor and he's a Vietnam Vet. Enough said. I took him on in Spring 2017. I didn't do it for the money as much as I did it for the mental exercise in calling b---s--t on the VA examiner. They whacked Bob from 100% for myelosuppressive disorder (MDS), a nasty form of leukemia from Agent Orange, down to 10% for anemia. He got his bone marrow transplant from his sister but
    5 points
  10. I'm sorry you had such a bad experience with the DAV. Keep in mind that not all reps will behave like that. Start here: https://www.va.gov/disability/how-to-file-claim You can start filing online via that link. You'll need to create an account. The most important thing is to do an "intent to file". You are telling the VA you plan to file for one or more disabilities. Think of it as holding your place in line (i.e. effective date). If you win your claim, it will be effective back to this date. Keep in mind the VA will pay benefits from the first day of the month following your ef
    5 points
  11. This is a short article from 2015 which discussed how the Caluza ruling introduced adversarial factors into the VA's non-adversarial claims process. Daniel L. Nagin, The Credibility Trap: Notes on a VA Evidentiary Standard, 45 U. Mem. L. Rev. 887 (2015). https://dash.harvard.edu/bitstream/handle/1/27814585/Nagin_CredibilityGap.pdf?sequence=1
    5 points
  12. My name is Linda. Alex agreed to help us with my husband aid and attendance claim. After zero help from va and other veteran organizations, my husband found Alex on this forum. Although we have been difficult at times, Alex has been on our side and shows this wisdom in all communications. We trust him and know our appeal will be eventually grAnted. We also believe Alex will endure my husband receives every benefit he deserves. Happy new year to all and when you are at wits end with va, you have a sincere and strong advocate with Alex.
    5 points
  13. A couple months back before I received my decision I started preparing for the appeal I knew I would be filing. That is how little faith I had in the VA caring about we the veteran. One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing. I could not understand for the life of me why so many obviously bad decisions were being handed down. I think the bottom line is that the wrong type of people are hired as raters. I think raters should have some kind of legal
    5 points
  14. I am in the same boat as you @Vync It also sucks to know it will not get better, but only get worse as the years go on. I am now trying to set myself up to do what i can when i can and not over do it! I will say that is very hard for me as I have never had to ask someone for help. I was always able to Ogre my way through things. I hope one day they find a way to fix a few of these issues.
    5 points
  15. I've been reading topics for a few weeks, and decided to share, maybe this can motivate some of you to start or continue your claim. I was a very successful Marine, Guide, honor graduate, 300 pft'er, Iron man, top of my class, followed orders to the T, leader, honored to serve my adopted country AMERICA, as a first generation immigrant from Colombia, South America. Not to go into details, I was honorably discharged three years in... it was catastrophic to me, I felt shame, failure... guilt. Many hospital stays, loss of all hope and finally distancing myself completely from military and VA fo
    4 points
  16. This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA. VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
    4 points
  17. Just wanted to share this with everyone as I prefer to give credit where it is truly due: After I won my recent claim, with this forums help for my mental health my brother-in-law, an Air Force vet, began to look at his mental health more seriously. With guidance I received via these forums, I helped by advising him on how to develop his claim and he submitted everything on Jul 1 2020. Today, he received a lump sum deposit from VA. Upon later review of his VA.gov account, it had been updated to reflect his mental health as secondary to his current back claim and was awarded 70%. Bringing
    4 points
  18. Checked Ebenefits today! Finally!!! I have 100% on the circle at the top and checked the letters and it says I am P&T! Thank you all for the help over all of these years! It was a rough ride! Now to fight for the backpay!
    4 points
  19. This one is easy to overlook. Its soo easy to "hold responsible" that employee (or VSO) you are speaking to for sometimes many years of delays and denials. Its probably not their fault, and it may not speed up your claim for blaming them, either. This explains how we often underestimate the benefits of being kind. If you have tried everything else, then try being kind. Or, try that from the get go, and you can always get mean later. Hopefully, much later. You may even forget what you were mad about. https://getpocket.com/explore/item/people-constantly-underestimate-how-muc
    4 points
  20. I recently woke up to a sobering realization.. Without finding HADIT.com, I wouln't know a damn thing, nor would I have been granted a damn thing in VA disability benefits. That is the truth. I appreciate your patience with me and the guidance that those of you have freely given . My donation is to help HADIT help other veterans in their time of need, just as HADIT did for me. There are members here who truly are heroes in my book. Thank you.
    4 points
  21. I have verified through ebenefits that my NOD through the legacy system is granted. It took several years but it shows that the VA granted an EED of ten years minus a month.
    4 points
  22. I Knew I read it somewhere but it is better to let you read this than me telling you and then can't back it up. VA tried to reduce this veteran's claim while still in appeal status. It is called a "Mischaracterization of the Issue on Appeal." See AB v. Brown, 6 Vet.App. 35, 39-40 (1993). There are rules and laws to reduce a rating. To hold otherwise would leave the door open for a possible "chilling effect" in the administrative appeal process, whereby veterans might be afraid to seek higher disability evaluations on appeal, for fear of having already awarded benefits reduced by the
    4 points
  23. As Tbird has said Knowledge is Power- and the VA wants to keep us in the dark about the regulations, rating Schedules, the many ways one can claim comp, under different theories of entitlement,etc etc, anything that could help us succeed. This site is evidence of how many have succeeded with that Power from their Knowledge of VA case law, etc and from others here. I have been in the Electronic veterans community since 1988 ( Vet Link NY -modem to modem-very expensive sometimes),Prodigy Vets BBS, with Bill Smith former BVA lawyer, and the great Alex Humphrey (vet lawyer) who was a m
    4 points
  24. From my family and I, Thank you all! Thanks to this forum, and the fountain of knowledge in the community, I started off on my journey hurt, confused, and angry - I was separated from service, with unclaimed/poorly evaluated injuries. Then, I wasn't familiar with the process, what I could claim, what the injuries I had were called, or who to see to get the appropriate treatment. I still learn new things every day! To say that in my experience, I was chewed on and spat out, is an understatement. From poor notes in my original exam by a doctor who seemed to care les
    4 points
  25. Buck your thank you to us is much appreciated and we always wish you and family the best.
    4 points
  26. What Buck said above is true! Now you also need to be ready for the reality of what might happen. They could totally ignore anything you give them. They can go off of what the NP says and not say a single word about any other paper work. This is sometimes the truth of what happens and be ready to appeal if/when this happens. I had a slam dunk if they would have read my paperwork! now years later I won but it was a fight!
    4 points
  27. This was a big week at asknod. I just wish my neighbor John had gotten R2 out of the gate. It ain't over until Secretary Bob weighs in when he reads my email Monday morning. One of the Vets, Andrew, is a member here- or should I say- his wife is. She found me here and I'm honored to have helped her. https://asknod.org/2020/02/22/va-baby-you-can-drive-my-car/ When I came home from Vietnam, I never ever thought there would be a day when I'd say I was proud to have served my country. It was ugly in 1972. Now, I'm overjoyed at the ability to pay it forward. Thank you Lord for the Inter
    4 points
  28. Please let someone know about this examiner. This is BS. Remember you have the right to challenge an exam.
    4 points
  29. Man o man o man, sorry guys, I guess that human part has been kicking me around for a few years. I did win my BVA CUE EED but the local VARO low balled me so bad I over looked it or I couldn't Believe it. After re-reading my VARO decision letter, on back of one of the rating sheets it states that "VA made a CUE". The VA gave me an effective date that I felt was still wrong. I was so upset I think I filed a NOD the same week I got my rating decision. Yes, this is all taken care of due to my recent grant for an earlier effective date, I still can't believe it. This time VA didn't call i
    4 points
  30. It’s a bad wind that doesn’t blow some good news to somebody. Called Peggy and was told IU was pending decision approval. Called VSO (yet to fax termination) and he looked at the decision and I was denied IU but granted increase to 100% plus SMC S with code sheet indicating no future exams. Still awaiting va.gov update & BBE....
    4 points
  31. If I understand you correctly, you were denied on a few claims. Went to a lawyer and he appealed the SA claim, but not the others. And apparently will not appeal the others for you. I would appeal the others on my own before the 1 year rule runs out, without a lawyer, and then see what happens. I would not let the 1 year pass. I don't know how lawyers work with claims as I have never had to use one, but I would think you did not have to let him appeal for you unless you agreed to them just doing the one issue. You should have said thank you and found a lawyer that would have tak
    4 points
  32. I'm still here, too! Won one CUE and am drafting up an appeal to a CUE denial. Working on my father's VA claims related to service in Vietnam and a bunch of injuries in service.
    4 points
  33. From what you are saying I would say to file for TDUI and increase in PTSD. Now if they go to scheduler and you get 100% you would not need the TDUI, but they would figure that out. I would look up what you need for to submit for TDUI and make sure it is in there for the increase. I would also file today as if you do not you will miss a month.
    4 points
  34. I get asked by Vets what VBMS looks like and what we can see. The truth is we can see quite a bit. We can see about a week ahead when your claim is getting ready to be granted. Often we can see the denial brewing by the little blue symbols that look like a judge's gavel beside important documents. Well, here's a peek at our new Windows 10 version that came out several weeks ago. Of course, I woke up January 15th and realized I had no idea how to get in. I had to call IT for help. VA contracts out to an outfit called the Enterprise Service Desk. The babe who answered had no idea what to do eit
    4 points
  35. Normally you will not get a reduction but that does not mean they will not try. When I was appealing TDIU the VA called one of my disabilities service connected in error and another rated incorrectly. They wanted to sever and reduce my disabilities. Needless to say they got caught in a blender and wound up not getting their way. The VA is not your friend and will sometimes do everything in their power to make your life miserable. They claim to be a non adversarial that is there to help the veteran as best they can, believe that at your peril.
    4 points
  36. Steven You have a difficult road but you can't make the journey without taking the first steps. I am not anywhere close to being an expert on it, but I can offer my opinion. CFS is a very difficult diagnosis to receive from the VA. I believe it is only successful 20% of the time. The problem is they rule it out if they can divert it to another disability and make that non-service connected. The DBQ that is required for eval is 21-0960 Q1 under 38CFR 4.88 The diagnostic code 6354, allows ratings from 10% all the way up to 100%. IMO it is almost impossible to win the claim without a diagnosis fr
    4 points
  37. I looked at my bank account online this morning and I had a surprise, I had received money from the VA. Now I had won an BVA decision back on 7/2019 and as far as I know I have already received all the retro pay for that. I had to do an HLR for an EED since the RO messed up the date. But mid-October the HLR was approved with the correct effective date and I received my first retro check. In the letter it stated they held part back while the calculated CRDP. I received that retro check about 5 -6 weeks later. Now I had calculated on what I should get and between the two retro checks it was what
    4 points
  38. Okay folks this is not a question but an observation about attitudes of former government lifer VA raters, DROs and some VSOs. There is an AO SOB 30 year former DRO and then VSO on another veterans benefits forum that is fanatical about several items. He maintains over and over and over again that an IMO opinion are not private doctors medical opinions but instead VA requested medical opinions from outside doctors to clarify issues in order to make a claim decision and according to VA definitions he is correct. HOWEVER for many many many years both veterans and VSOs have referred to pri
    4 points
  39. I was helping a widow of an ALS victim get benefits from the VA. She decided to use a VSO also. When she filed a FDC the VA denied her as for some stupid reason the death certificate stated they were separated at the time of his death. I requested that she cite CFR 3.214 in that she was his spouse but they filed a Supplemental claim with a revised death certificate and two buddy letters. The claim finished last week and she received back pay for about a year and begins receiving benefits this month.
    4 points
  40. I won an unwinnable claim at the BVA with an IMO. A neurologist stated that my neuropathy was related to a heat stroke, he referenced that cold injuries could cause neuropathy and that these are recognized as such. He further stated new medical evidence that supports that heat injuries can cause neuropathy that will not show for many years. There was more but this is the general outlay of the IMO. He also stated that the VA did not recognize this because they did not do any medical workup or research in my case. IMO's are expensive but at the BVA they can be the difference between a loss
    4 points
  41. Did you have the symptoms of said issue? Are they in your service record. The reason I am asking is I have a disease not commonly know (have found 4 cases in bva appeals). Any way if you have the results of the symptoms you can fight to show what it was. Or if they got the name of it wrong. Btw my condition is still not in the rating system but they have something close to it.
    4 points
  42. Bronco is right on here! I have had all 4 of these done to me at some point in my claims. I want to just reach over and slap some sense into these raters! I am just not sure why they feel the need to do this other than it is taught to them. That is the worse part of this is we fought in a war or two and then we have to fight a new war of our health when we get home. I know I felt so much better when I got home, I just never realized or accepted for years something else had happened too me. That I was a guinea pig for all their drugs and whatever else we were exposed too.
    4 points
  43. I also include more information than they ask for. I have had them include information on the evidence list as duplicates but I look at the previous denial and they were not listed. You can never trust the VA to do the right thing and my records are massive. I therefore include pertinent information that might be overlooked.
    4 points
  44. It is the same for me, if I did not get a reasonable accommodation from my employer I would be out of work. I am lucky since I work for the government and they are mandated to give reasonable accommodation accept for in a few exceptions. I would gladly give up all my VA benefits to have my disabilities go away, I am tired of hurting as many here are. All I see in my future is pain and losing the ability to do more and more things. As bad as things seem for me I know there are many more on this site much more worse off than I am.
    4 points
  45. I originally tried to file the 1151 with a vso and they told me no.... I did that on my own.. I don't have a rating yet, at least I don' think so I just looked on my VA/BVA status With my current rating and add these.... and I should be good... I am freaking out (inside my head at 3:20 a.m.) I cannot express much yet, until it is written in stone. as I have a few things to say, not sure if it is wisdom, learning curve, or advice... for now I will leave With Thank you! I truly believe this website (cold way f of putting it,, I mean the people here played a large part)
    4 points
  46. I filed an appeal when I got TDIU but was denied the Chapter than includes P&T. It took about a year for p&t to be granted. If you were explicitly denied P&T as part of your claim then appeal that denial. I think I have appealed just about every decision I ever got from the VA because they are almost always do not afford complete relief. A few years after I got TDIU I was granted another 60% for a separate condition. The VA did not immediately grant "S" like they should have done. I had to file a CUE to get that benefit. If you don't ask for it you often don't get it.
    4 points
  47. I was once cut on at the VA when I was indigent. It was done by a doctor in training. They used a punch to excise a skin lesion. When I told the doctor they could stop now, the doctor got testy and asked how I knew so much. I told them that they were scraping the bone in my ankle and I could feel it. They diagnosed it as Kaposi Sarcoma and told me I had aids, which was untrue. I have had other operations on the outside for service connected issues because the VA did not think that the operation was necessary. I have Tricare and use it over VA care as my VA doctor says it is better f
    4 points
  48. gumba88 You wrote... I believe you have two things going on. First, you used "Vet Rep", probably a VSO correct? Possibly from the VFW, Am. Legion, etc and he refused to submit? But it really wasn't a VA employee who refused correct? They can't do that! The VSO from a service organization can attempt to convince you that it won't work, but a VA Direct can't. Now, what I would do, and this has to be in your make-up, not everyone would do this. I would wait for the the decision letter to be official, and then I would take a redacted copy and make an appointment with the supervisor/
    3 points
  49. 1454th Soldier Welcome to Hadit. As you know, you need 3 things for success: a current diagnosis of a disability now; an event or illness that happened in-service, and something called a nexus to link the two. Did you have documented in your records sleep issues and/or depression or mental health issues? If not, since you can't prove s-c directly, the only way is as a secondary condition. I am not a doctor, and my guess is you aren't in the medical field either. So you will need a strong independent medical opinion (IMO) that your depression is the result of your tinnitus. Just making the clai
    3 points
  50. Get prepared to fight this and do not miss your filing date. If you can get a letter from a medical doctor, better yet ask his psych doctor if they would be willing to write up a DBQ for your husband. I might request TDIU when you are getting all of this said and done, that brings into question your husband's work history. Can you get letters from his past employers as to why he no longer works there? Let them know you are trying to get your husband VA benefits. These letters helped me a lot when I was going for TDIU, the BVA chastised the RO for not including them in my decision and awar
    3 points
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