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ketchup56 last won the day on March 12 2014

ketchup56 had the most liked content!

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About ketchup56

  • Rank
    E-5 Petty Officer 2nd Class
  • Birthday 02/26/1956

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  • Interests
    sports, playing and listening to smooth jazz

Previous Fields

  • Service Connected Disability
  • Hobby
    musician- keyboards

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  1. My pending disabilities status disappeared from my ebenefits..(No disabilities to display at this time). Was wondering if anyone else has disappeared lately? I have an appeal at the bva that also has an update on 12/03/16 but states my case is "Awaiting place on the Docket "... My docket date is early March 2015... Anyone?
  2. VA is having a hard time recruiting Medical Doctors so the ranks need filling somewhere...Veterans may need to take maybe a little more control and attention to their care..JMHO
  3. This is nothing new at my vamc...I've had ARNP's for all my care at my vamc San Francisco, however when I requested approval or second opinion's for my care i always got it from the Physician that's assigned to these ARNP's..
  4. Give yourself a few days to Really think if you want to do this...Wait on the award letter, read and understand what it's actually saying then make up your mind...IMHO with only what you have stated the hard part has been accomplished by va awarding the 100% for ptsd..Now again if you indeed was 70% for any mental health disabilities and at the same time were unemployable due to the service connected disabilities why wouldn't you pursue the TDIU? Again by not doing this you MAYBE giving up a shot load of retro dollars....AGAIN JMHO..Good luck.
  5. Hold On here folks...I think you might want to give the TDIU another thought. If indeed you were unemployable before nov.16 you might also be waiving rights to an better effective date and the retro from that effective date... JMHO..
  6. Sounds like you're making an aggravation claim harder than need be. There is a presumption in aggravation claims. What you need to know is its not your burden to prove aggravation.It's va burden to prove that YOU WERE NOT AGGRAVATED IN SERVICE,and they must prove this by CLEAR AND UNMISTAKABLE EVIDENCE. This can be onerous on the va if you have two different medical opinions one way or another saying otherwise. This cannot amount to the onerous Clear and UNMISTAKABLE level to rebut the presumption...38cfr 3.306 and U.S 1156.Explains this quite well. I won service connection based on aggravation. Seems to me you already have one medical opinion stating that you were aggravated during service...You must STRESS that opinion with your arguments along with the citations given above because they really will play the ignorant role on these aggravation claims because of the presumption given to the veterans. Read my BVA case on how I used the presumption against them..BVA DOCKET NO.12 05 464 DECISION DATE 22 MAY 2014. Good luck...
  7. To all my hadit family and veterans everywhere, I'd like to wish you all a great and happy Veterans Day . I've been off line for awhile, however I'll never forget what I've learned by this site..
  8. Guard your service treatment records like they are gold.. Took me 30 years plus for service connection because while out processing the out processing unit lost my medical records and refused to give me an exit exam because of the missing records...
  9. I had a six figure award after my bva award that once it got back to the varo Oakland it was completed right after 90 days...If you can go to your varo to check your staus of retro if not after 45 days you have not received it. Sometimes your varo signature authorizes will sit on these large awards retro payments . All this is from my personal experiences .
  10. Did you leave service between 3/1997 and 3/1998 ? If so the 1 year presumption should definitely apply being you were diagnosed within that year and you currently are being treated. Also va regulation requires SYMPTOMS not TREATMENT in case they try the no treatment for many years crap they sometimes try to use as a denial. You probably most likely had some of the same symptoms you're having now in service, however in case your service medical records are negative on those blood work performed in service you still have the symptoms in service along with an diagnosis/symptoms within 1 year of leaving service. You'll win it's just a matter of when .....JMHO
  11. Push come to shove send them the evidence you have (buddy letters)and do this yesterday..Va will not hold firm to that 30 day crap..They probably already have made a decision already based on the evidence already on file. After then you'll have 1 year to NOD that decision..The main thing is to preserve that earlier effective date of 2001... Can't understand why the va always wants to skimp on securing medical records FOR veterans (private records included) when by stature it's a Duty to Assist requirement if requested by the veteran....Glad to hear they are honoring the earlier submitted 2001 claim. The claim is now in your court for serve... Just Saying....
  12. Absolutely you have an unadjudicated claim/s that as of today if va has never responded.When va finally responds to your reopened request your earliest effective date IF awarded is definitely 05/07/2001. As another reminder this is the same time frame that the newly VCAA became law. Use it to your advantage if needed. Your research start should be to read and COMPREHEND Ingram v Nicholson /Roberson v Principi /Comer v Peake and the "Pending Claim Doctrine " also written by two fine bva attorneys that really understand these types of claims. (Early Effective Dates of claims). Va almost always squirms when they get legitimate claims such as these...I think I know .I have one currently awaiting a review at bva for early effective date of service back to 1983...Study these cases and submit your case as outlined in these earlier cases you'll win . JMHO
  13. Explicit Denial my as#^%=€...What a waste of taxpayers money. .The case was already established that an unadjudicated claim was found but yet because the veteran didn't argue CUE it's a JURISDICTIONAL problem. ..Another trick by the secretary to get around the ruling of Roberson, Moody, Ingram and many others to come. I have a case currently at the bva for an unadjudicated claim from 1983 in which the varo is saying that in my 1983 application in where it ask to name a disability or symptoms I referred them to "see medical records " but they never did because they lost my service medical records somehow and never to today found them,and at the same time never established and notified me that my records were FUTILE to continue search UNTIL I filed my subsequent 2010 claim which was awarded s/c...Yet the only thing the varo can come up with is they claim that my application was SUBSTANTIALLY INCOMPLETE because I didn't tell them exactly that xxxxxxx hurt or my big toe is weird looking. .What a crock of bull. This is not what Ingram,Roberson, Cook, Moody Norris or West decisions or even Brokoski stands for when arguing Benefit Sought or the intentions of Congress about these particular mandates. (Sympathetic Reading, Liberal Contrue,Ambiguity of any doubt ) Yet the Secretary and his/her cronies just keep trying ways to manipulate and misconstrue precedence that's been on the books forever yet they still do it. This veteran will most likely be looking for a start over with final resolution 5 years down the road. So will I most likely. ..JMHO Just Venting.
  14. However again the denial" reason and basis "was only that you lack "Treatment for many years after service ". What regulation can you find that MANDATES that a veteran must have his conditions whatever they may be treated by a doctor? Many veterans go years without getting treatment for their medical conditions. However there is a Stature that holds that REGULATION REQUIRES CONTINUITY OF SYMPTOMS NOT TREATMENT. This is what you were actually denied for not having treatment. I agree this topic is getting more and more convoluted as we go .. JMHO
  15. Wilson v Derwinski that's the winner. ..Again THE REGULATION REQUIRES CONTINUITY OF SYMPTOMS NOT TREATMENT. ..Drinking lots of coffee to keep from falling asleep while driving because you were up all night from your sleep apnea SYMPTOMS is considered SELF MEDICATING....JMHO..
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