ketchup56

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?

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

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..

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.

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..

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...

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..

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...

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 .

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

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....

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

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.

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

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..

The IMO together with your lay evidence is what gives you the NEXUS they are looking for. SELF MEDICATED YOUR SYMPTOMS FOR MANY YEARS. .THAT bridges the gap between service and now as far as Continuity of SYMPTOMATOLOGY. JMHO.

All this is good. However you must attack the reasons and basis of the denial which was "No Treatment for Many years after Service ".This is what your attorney must overcome just for Remand from Cavc to your varo. A good attorney will spot this phoney denial in 0 seconds flat. I did an I'm no lawyer. Did you notice they (bva) never mentioned his IMO evidence ? Why because it's good evidence however they saw another out for denial and they used it. Good research will show how that particular reason for denial is no longer valid IN MOST CASES . Let us know what your legal Begal says on this. They tried the same reason on my appeal only mine was by the c&p examiner who stated no treatment for many years therefore it less likely as not service connected. .I had no service medical records and no record of being treated after service for 30 years no IMO just good lay statements and a current diagnosis and I linked it all back to military service and won at bva. Chris Attic knows this and if you buy his book I bet your last nickel this theory will be one for thought. JMHO

Did you SELF MEDICATE your symptoms all these years? ?? What did the symptoms actually consist of ? How long have you suffered these symptoms? ?? This is what you need in your lay evidence. Veterans are always competent to note that they had/still have these same symptoms. There is also NO REGULATION OR STATUS that says you have to be treated by medical personnel for your SYMPTOMS. The above cases I quoted above Clearly gives veterans the guidelines on the proper use of lay evidence and how va is to construe that evidence.

Can't believe the bva is still using that outdated ruling about "many years without treatment ".Unbelievable. ...Have you had SYMPTOMS of your condition(s) for those many years is the question? CONTINUITY OF SYMPTOMATOLOGY is what you need to counter their reasons and basis. This is done with your lay statement of the symptoms you've had along with Court precedence starting with Buchanan v Nicholson and of late Davidson v Shenseki. These two rulings along with Savage v Gober really gave veterans an way out of that ruling about no treatment for many years. You must have had a rookie write that decision. The regulation requires "continuity of symptoms "NOT TREATMENT. JMHO

What you had was a PENDING CLAIM and they definitely owe you. (1) Google Pending claim Doctrine and read and understand it then use as a defense (2) Ingram v Nicholson, Roberson v Principi, Moody v Principi. All pertain to the proper way to challenge and win earlier effective date appeals. Also the "presumption of regularity "in favor of the va does not attach if the notice letters that were so called sent to you were returned to them unopened .You must challenge this presumption as they already from what you posted are leaning on using that presumption assuming you will appeal their decision. You definitely have some homework to do but it can be done. I beat them on a claim they say i abandoned in 1983 using all these above case rulings. Good luck. ..

Start with requesting a COMPLETE copy of your c-file and copies of all service medical AND personally files then start there. You MUST know what's EXACTLY in these records or anything you say they will rebut with their normal BS. There are also NEW special procedures and rules pertaining to MST claims you need to know to successfully win these claims. Google search is a very powerful tool if used ....JMHO and keep at it.

Office of inspector generals FOLLOW UP REVIEW of the notorious Oakland varo can be found on oig's website. VAOIG-14-03981-54.pd. What I've been saying and dealing with for years now.

I think we both may have a JURISDICTION problem with our cases....Just don't know.

You're correct if it's at bva why is the "RO" telling you to submit the employee form ? Maybe because they were to have had YOU complete it and return form back to them for submittal to your previous employer's and they now realize their mistake. Send it straight to bva to eliminate a remand for their stupidity in the first instance. .BTW there is nothing wrong my kidneys so that's why I'm at a lost why my claim is now being reviewed on Central Office directive. ..

I currently have an appeal at bva for early effective date of service connection, early effective date tdiu, and early effective date of left/right radiculupathy at the with vlj stage. My question is on Nov.6, 2015 Oakland varo opened a "Rating Review " claim on their own with an End Product 680 established for that claim. However no one can give me a reason why or what this claim issues are and why it has that particular ep 680 attached to it. My research only tells me that ep 680 are reviews DIRECTED by VA CENTRAL OFFICE. Can someone who has had this happen to them or is there some new recent directive from central office for these reviews ? I do know once I'm at bva jurisdicton Oakland varo has no business doing reviews on these issues. Any thoughts, kindly appreciated as I'm at a lost on this one...... JOEL