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Precedent Setting CAVC cases cited in the M21-1
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 background.  They do not need to be lawyers but I think paralegals would be a good idea.

There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

M21-1 Precedent setting decisions .docx
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Any one heard of this , I filed a claim for this secondary to hypertension, I had a echo cardiogram, that stated the diagnosis was this heart disease. my question is what is the rating for this. attached is the Echo.

doc00580220191213082945.pdf
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Need your support - T-shirts Available - Please buy a mug or a membership
if you have been thinking about subscribing to an ad-free forum or buying a mug now would a very helpful time to do that.

Thank you for your support
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OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80% 

I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you

I was denied SC for IBS and GERD IN 2011. In 2019 I was awarded SC for GERD. This CUE  is for 2011, both GERD and IBS. There are some odd aspects regarding the 2011 decision, the way it was written and the C&P report and the way it was written. I've tried to present this as clearly as I can. Note: the decision contradicts itself. the decision also contradicts the C&P Report. Honestly, I think the rater just got confused because the C&P was so poorly written. *THIS CUE HAS NOT YET BEEN SUBMITTED*Please let me know what you think. Appreciate all comments and suggestions. Thanks.

 

VA RATING DECISION MARCH 23 2011 GERD IBS.pdf C P REPORT 7312010 GERD IBS.pdf GERD IBS CUE 2011(1).pdf

C P ADDENDUM REQUEST RE DIAGNOSIS 7232010.pdf
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14 Questions about VA Disability Compensation Benefits Claims
When a Veteran starts considering whether or not to file a Veterans Affairs Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. [Reprinted here with permission from Veterans Law Blog]
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Disabled Veterans Property Tax Exemptions by State
Alabama 
A disabled veteran in Alabama may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service and has a net annual income of $12,000 or less.
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Thanks everyone for their answers and advise and yes Ido have a VSO American legion but unfortunately I still have to manage to work and call times are mornings only almost impossible to talk with him.

 I am gonna try to get ahold of him tomorrow but u have to call right at 0730 eastern OR call list fills and never get on his list sucks!

The worst thing I’m going through is that I’m stuck in limbo I can’t file on my other things I can’t add nothing I can’t do anything basically my hands are tied, this is complete wearing on me mentally Not to mention I’ve been out of the service since 95 was six service-connected disabilities and then thrown to the wayside as a young adult with no knowledge of how what or when by the VA  now that I’m middle-aged my service-connected disabilities Have gotten so severe that I have multiple secondaries until I came across by chance a VSO in my county that helped me out back in 15 I’d still be at a loss and left at the wayside forgotten about now that I’ve been back in the system And have a 80% rating the VA now is trying to drop two of my ratings because I feel that this DRO rview is going to put me at 100% or really close  in a way to just keep us down and out and causing worse injuries by forcing ourselves to do what we have to as humans to survive in the workforce that you can’t really physically do anymore sucks all the way around! 

Permanent and Total from cck-law..com
1:10 What is Permanent and Total Disability?

2:05 Conditions that automatically receive a permanent and total rating (P&T)

2:32 Conditions less likely to receive P&T

4:29 How to find out if your VA rating is permanent

6:03 Is there a VA form to apply for Perm and Total status?

6:39 Viewer Question: If you have permanent and total Social Security Disability Insurance (SSDI), are you automatically entitled to P&T disability at the VA?

8:03 If you receive Total Disability for Individual Unemployability (TDIU), are you permanent and total?

8:26 The advantages of having Permanent and Total VA Disability Other Protections from VA Rating Reductions

10:26 Stabilized Ratings

11:26 Continuous Ratings

12:57 What to do if VA proposes a rating reduction

16:03 Final Thoughts & Tips

https://cck-law.com/news/newsfaq-friday-permanent-and-total-pt-disability/

 
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Veteran Population by State
https://hadit.com/veteran-population-by-state/

veterans-statistics-by-state-2018.pdf
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10 Tips to Help You Keep the Compensation and Pension Exam (C&P exam) in Perspective
Reprinted here with permission from Veterans Law Blog

I encouraged you to keep the exam in perspective. What is that Perspective? Honestly, it comes down to recognizing that the purpose of the C&P Exam is NOT to convince the doctor that your injury is service connected, but to let him or her conduct their exam and draw their conclusion. In the end, your current disability either is or is not related to military service.  Regardless what the doctor says, what the VA Rater says, the limitations or symptoms either are, or are not, related to your time in service.

A doctor’s opinion can’t change what is or is not.  It’s just another piece in the puzzle of proof. And the C&P Exam is just another piece in that puzzle.  It is not the only piece – but if we view it as such, we often make our claims harder than they have to be.  And we certainly make them more stressful.

#1 Every C&P Exam has 2 Goals.

The first goal is to have the doctor confirm that your injury, disability, or limitations are related to your military service – to prove the Nexus Pillar – and/or to establish the degree you are disabled – the Impairment Pillar. The second goal is to draw out the  “evidentiary gap” in your claim through a C&P exam. The evidentiary gap is the difference between what is IN the record, and how the VA SEES what is in the record. If you are denied service connection, it is almost always because of an evidentiary gap – and rather than throwing a haystack at the RO and then yelling at the VA for not finding the needle – let the Examiner tell you what is missing by reading his/her opinion.

They tell you what is missing by what they focus hardest on. The key is NOT to provide excessive amounts of information in your C&P exam – keep your answers short, and “make” the doctor get into your file to review the evidence. It is THEIR report which shows the evidentiary gap – not your statements in the C&P.  Which brings us to the next tip….

#2: Answer only the questions the doctor asks.

If the doc asks “How are you doing”, and you throw the entire history of your claim at her over the next 15 minutes, what happens? She zones out. She doesn’t hear what you are saying, and may find it hard to care about what you are saying. I get emails every day – some are 8-9 pages of micro-detailed histories of a VA Claim. It’s hard to read them.  It’s hard to understand them.  It’s hard to pick up the phone and call that person because I know I’m going to get more facts that I don’t need. Listen, I’m really good at doing this work, and while there are some real shit-bird doctors out there, there are some really good ones.  They know how to call out the information they need, to get the facts to understand the situation. So just answer the question you are asked – not the question that you want to answer. But when you do answer the question, follow Tip #3

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C-File: Requesting Your VA Claims Folder
VA Claims Folders, the infamous C-File We can not stress enough how important it is to: View your VA Claims Folder at the Veterans Affairs regional office (find your Regional VA Office here) Call the VA at 1-800-827-1000 and request an appointment to view your C-File (VA Claims Folder).

Ensure that all the records in your VA Claims Folder or C-File are yours.
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VA Law
Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

 










U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


VA M-21 Compensation and Pension Manual


VA M-21-4 C & P Procedures


VA M28-3 Vocational Rehabilitation


VA M29-1 VBA Insurance Manual
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Rating "Protections"
The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

5 years

The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

 

10 years

In brief, ratings in effect for 10 years cannot have service connection severed.

 

20 years

In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.

 

P&T

 

TDIU

 

 

 

Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
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HadIt.com Branded 11oz Coffee Mug for sale
11oz Coffee Mug with HadIt.com Logo and Motto $12
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Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/

 
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I was unable to find a reply box to your post.

We have a full Agent Orange forum here.

Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

 

The report is here:

https://www.nap.edu/read/25137/chapter/2

On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

The BVA case and this report is also searchable in our AO forum.

 

 

 
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I just received a deposit to my checking account. The description says VALG TREAS 310 TYPE: XXVA.
I'm not sure who to ask about this deposit. I am concerned because I was not notified I would be receiving it.
I retired from the Marines in 1997 with 10% disability. I've been receiving a separate disability payment from my regular retirement pay. This deposit is completely unexpected. thank you for any insight.

Independent Medical Opinions by Your Private Physician

If you spend any time reading VA case law you’ll come across the phrase less likely, more likely than not and so on. In the VA Clinicians Guide for Disability Examination it lays out how these are weighted.
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Yes 

After a PTSD/Unspecific MDD Diagnose From the VA Dr's

The gold standard for diagnosing PTSD is a structured clinical interview such as the Clinician-Administered PTSD Scale (CAPS-5). When necessary, the PCL-5 can be scored to provide a provisional PTSD DSM 5 diagnosis.

Any clinical clinician such as MD ,Psychiatrist even a L.C.S.W. (Certified)can perform the Diagnostics Evaluation Employed by the the VA

...They just need to figure out your symptoms and put together a list of your symptom's that you possess or show from the evaluation...I am not 100% Sure just how they do this ?

being I am not a Dr or clinical clinician 

Once a Diagnoses of PTSD is given they try to set you up with a Therapist to help with your New dx And how to adjust or cope with the Anxiety and Depression the PTSD can cause.

  you learn the tools to cope with and depending how severe your symptoms are ? 

 They test /screen you with phychoeducational type therapy treatment usually at first.

 Warning  some of this therapy can be very rough on a Veteran  from holding on to guilt  from the trauma its self or you maybe in a  ''stuck point''from memories and guilt or from the stressor's or anything that reminds you of the trauma you endured.

The therapy works  even if we think it don't,  I recommend Therapy for all PTSD Veterans  it could very well save your life once the correct therapy is in place and the Veteran makes all his Clinical Appointments.

I still have Combat PTSD it probably will never be cured completely but we can learn the tools it takes to cope with this horrible diseases 

even learning breathing techniques  Helps tremendously during a panic attact.

I have guilt from the war in Vietnam  ( I ask my self what could I have done to make a better outcome/difference?..and also I am in what the therapist calls stuck points. working on that at present once a week for 90 minutes.  I am very fortunate to have the help the VA gives me and I am lucky I have not turned to alcohol or drugs to mask my problem.

But I have put my family through a living hell with my angers of burst.and they all stood by me the whole time years and years of my family life was disrupted because of me and my children &spouse  never deserved it one bit.

That's all I want to say about that.

At least I am still around. and plan to be tell my old age dying day.

No timeframe gotta love that answer it’s even better when you ask 1800 people or call the board directly they’ll say you’ll know sooner then later. I had mine advanced and it was about 2 months later until I had the decision in my hand which seems forever but in the present system in 2016 lightning fast...
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I am serviced connected for ankylosing spondylitis back in 1985. I had a C&P exam on 7-7-19 since I am asking for an increase in my cervical, thoracic, and lumbosacral ratings. After speaking with the DAV to find out progress and info on my exam, the Rep. noted sort of what I expected. Radiculopathy was noted and ROM was 0-15 for cervical, and 0-25 for back. I am currently rated as Cervical 30%, Thoracic 10%, and Lumbosacral 40%. The main question that I have is relating to the thoracic 10% and lumbosacral 40%. I am confused on these two. Is Lumbosacral separate from the thoracic/others ? Since my back ROM is at 0-25, does this mean that my thoracic might increase from the 10% to a higher rating ? I am confused how they break down my ratings from cervical at 30%, Thoracic at 10%, and Lumbosacral at 40%. Also, with the radiculopathy, is this something that they will rate also ? I am currently at 90% total combined for all my disabilities. I hope this helps for someone to give me advice/answers.
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Thank you @GeekySquid for your reply. 

 

I have redacted personal information for my documents listed below. 

I look forward to your reply. 

HEADACHE STR 2006 copy_Redacted.pdf

HEADACHE-DBQ.pdf

Pages from Original Denial-Grant Reasons_Redacted.pdf

Hello Defenders of freedom!

I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

 

3. Service connection for headaches.

"We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

From my understanding these 3 points must be overturned to successfully win a CUE case:

 (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

(2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

@Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
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In 2014 I put in a claim request for A&A due to housebound and secondary seizures to PTSD.    I request a legacy appeal to move to RAMP and now am in A Higher Level of Review.   It was in the Decision Review Stage in March 2019. It now is back to Gathering evidence.  I had requested  Feb 2019 for the VA to make a determination of the appeal based on all evidence currently in the case fine. It is now end of July 2019.  I just saw the estimated completion date of May 20, 2020 changed to August 2020.  The Modernnization/RAMP said that it would take approximately 120 days  Its now been 5 years since I submitted my claim and part  of that has been in appeal for close to four years.  How can I even tell if my appeal is being worked.  I am 65 years old and know I may have to send my appeal onto BVA, I may be dead before a conclusion is made.  I am also single so have no dependents that could receive back pay.  Is the VA playing me?  I have no representation or VSO

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