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K9MAL
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Posts posted by K9MAL
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What a crock of shit that was. My VFW VSO was a complete jerk to me and really chummy with the DRO via videoconference. That was the most anti-"pro-veteran" meeting I could've thought possible.
Basically, let's ignore all the evidence that is commensurate with the list of ratings and recommend you get another C&P exam. Also, the DRO and the VSO both recommended I apply for IU even though I didn't request it and told them I didn't know what it was. Neither one explained it in it's entirety or the fact that you can't work moving forward.
Edit: She also said that my tinnitus claim would have to have had a diagnosis in service to be valid and that my knee claim that was diagnosed in service didn't count because they didn't diagnose me at the C&P. WTF? 2 completely opposite approaches to the same problem.
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What's the SSA's SSDI caregiver program called? Anyone have a link?
I'm with the rest of the crew and think this should be available to any and all deserving veterans.
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How about making the claims process, including DRO hearings, etc., actually pro-veteran instead of the adversarial bullshit that we have to fight on a constant basis.
- ArNG11, TiredVeteran and NavyWife
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As it stands right now it appears that my father does not have ALS. However, they still don't know what's going on and he's headed back to the Mayo Clinic on Monday. They mentioned the fact that he may in fact have PLS.
The VA will link PLS to ALS, as a presumptive condition, and the veteran will be entitled to the same benefits, I believe. I’m not going to dig any further than what I have thus far, until there’s a firm diagnosis, but here is a case from 2012 where the veteran was granted benefits for PLS: http://www.va.gov/vetapp12/files6/1241096.txt
The medical evidence of record indicates that the Veteran has PLS. Although ALS was not diagnosed as the Veteran's condition, it was noted by Dr. V. on more than one occasion that ALS could not be ruled out. Also, in the December 2008 and April 2009 VA neurology consultations, the neurologist stated that PLS is generally considered a rare variant of ALS. In addition, evidence was submitted by the Veteran regarding a connection between PLS and ALS. Among the information submitted were articles from the Columbia University Medical Center, Department of Neurology website which discussed PLS as a subset of ALS. An article from John Hopkins Medical website stated that PLS is a rare form of ALS. Therefore, the Board has considered whether PLS is a form or variant of ALS. Resolving reasonable doubt in favor of the Veteran, the Board finds that the medical evidence of record shows that PLS is a form or variant of ALS. Therefore, the Board finds that it is at least as likely as not that PLS is a form of ALS and should be subject to the presumptive service connection for ALS provided for by 38 C.F.R. § 3.318.
Therefore, the Board resolves all reasonable doubt in the Veteran's favor and finds that service connection for PLS, shown by the medical evidence of record to be a variant of ALS, is warranted. 38 U.S.C.A. § 5107(b) (West 2002); Gilbert v. Derwinski, 1 Vet. App. 49 (1990).
ORDER
Entitlement to service connection for PLS is granted. -
You only lose if you stop pursuing your valid claim. Keep running it up the flagpole.
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The recently built VA hospital here in Las Vegas is the furthest thing north of the city, literally. It's a huge pain in the ass to get to.
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The response from the VA congressional analyst I received after submitting the EED NOD today.
Please know that you are able to bring documents with you to the hearing and they will be sent to the Decision Review Officer( DRO) that day for review before a decision is rendered.
If these are new items listed they most likely will not be addressed on the hearing date. Due to development of evidence needs to take place before the notice of disagreement gets assigned to a Decision Review Officer .
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DRO hearings are a chance to have give and take with a decision maker a rare opportunity for any of us when dealing with VA. It is informal but it is recorded and a transcript is made. A lot of times the Hearing Officer will make sure that follow up is made. I like it but some don't
That's the part that intrigues me the most. Prior to that you're just a faceless stack of paper and have no personal interaction with anyone. I look forward to presenting the evidence I have and rebutting any arguments they have to the contrary.
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I wonder if I should shoot the NOD off today in hopes that I could have it addressed on Tuesday...
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You may want to include an IBS DBQ as well. http://www.vba.va.gov/pubs/forms/VBA-21-0960G-3-ARE.pdf
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When I had my DRO Hearing it was not bad I was nervous at first but after we got going it was not bad at all
This is your chance to tell them in person about yourself and present your evidence and anything favorable to your claim
Remember to Thank the DRO for allowing you to be there and state your case/issues.
Always be well Mannerd
I was also luckly and got a great understanding DRO and a Rating Specialist at my Hearing.
Also remember a DRO can make his/her decision then and expedite your claim.
DRO hearings are usually good.
Thanks for your input as well. This DRO is HUGE for me and I'm very anxious and nervous about the whole ordeal. I've spent hours and hours researching, gathering documents and writing my explanations, briefs, etc... I feel like I could be a frickin' attorney at this point in time and I haven't heard squat from the VFW.
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After you sign in, report to your VSO's office to meet with the VSO Hearing Rep. I spent about 20 min with him reviewing my position before we were called for my Hearing. Turned out my Rep was a Retired DRO who had worked with the DRO that was hearing my case.
I called my VSO's office last week and have yet to hear a reply. I'm assuming I just speak to the person when I get there as you did.
Hearing started off with intro's all around. DRO explained this was a official Hearing that would be Recorded and Transcribed and that I would get a copy of the transcription in about a YEAR and be informed of his Decision sometime in "Near Future." At that point I asked about my official request that I had made in early 14 regarding an informal DRO conference. His reply was, "I could have an Informal Hearing or the Standard Hearing, up to me." He also told me that in the Formal, he would state the Issues covered by the NOD, I would present any New Evidence that wasn't in my file, he might ask some questions and then I would have to wait for his official ruling which could be appealed to the BVA. He told me if I chose the "Informal Hearing," he and I would discuss my case without the Recording and Transcription and I would probably have a Decision before I left. I chose the Informal Hearing. Best move I ever made! Not only did he hear my Scheduled 2010 NOD, he decided a 2012 NOD for IU. After about 35 min, I left knowing he had Awarded all major $$ issues from both NOD's. A Very Good Day for Me.
It sounds like the informal hearing may be the way to go for myself as well. I have the issues I need addressed in my NOD and I also have another earlier effective date I'd like to argue that I neglected to enter into the NOD. Funny thing is I have until February to file the EED NOD, if he doesn't want to address it, due to emailing Bob and getting a DRO in record time.
I appreciate you laying this all out for me. I've been reading, reading and documenting, laying out a brief, etc. trying to get everything dialed in before I get there. I'm really stressing about it because if my NOD is approved it'll put me at 100% schedular. And, if you combine the NOD with the EED, if both are successful, I'll be looking at $50k plus in retro which would really save my bacon at this point in time.
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I have a DRO hearing on the 6th. I've read a few different things online but was wondering who else might have some input? Just curious, do you argue your case or just present facts? Is it a back and forth type conversation or just cut & dry? What's it like?
Do you lead off with questions? As an example: Why was my increase denied? What evidence do I need to prove my claim?
Or, do you just lay out the evidence that contradicts their "reasons and bases" for denial and call it a day? Are they typically pro-veteran and understanding or can I expect to have my blood pressure rise?
Happy New Year!
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Ben Krause just wrote a preliminary article on the subject over at his site: http://www.disabledveterans.org/2014/12/30/mystery-sources-special-monthly-compensation/
Might be worth checking it out. Some of the comments down below pertain to you and are fairly interesting.
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Not to put too fine a point to it, but reading a denial is often the route to a reversal. K9MAL makes a good point but glosses over the rater's rationale for Mr. Grenier's denial. Therein lies the secret to success...
<<<<<<<<<<<<<The VA examiner noted all references in your service treatment records were to gastroenteritis, which is self-limited. There is no evidence that you were treated for IBS while on active duty, also, while you have a current diagnosis of IBS, current symptoms do not warrant a compensable evaluation.>>>>>>>>>>>>>>>>>>>>>>
This is why you need the nexus. I don't blow bubbles here when I give advice. I've been doing this since 1989...
Thanks for your input.
It takes practice to learn how to objectively read a denial, especially when you also are dealing with the emotions involved in being denied. Thinking back, most of the holes I've found in denials, once I settle down enough to dissect the denial into is various parts, are based on the following:
1. Evidence I submitted was not listed on "Evidence" list and not discussed under Reasons and Bases.
2. Evidence I submitted would be listed under "Evidence," but not addressed under the Reasons and Bases section in any way, shape or form.
3. Evidence I submitted would be listed under "Evidence" and "discussed" in Reasons and Bases, but only superficially mentioning its existence, without providing an explanation WHY it was being dismissed.
4. Lack of evidence being treated as negative evidence.
5. C & P exams that are flawed due to the procedures followed or not followed to properly evaluate a condition, or the examiner was not qualified to conduct such an exam.
6. In the case of Board remands, the C & P examiner did not answer the Board's questions, and the Board denies the appeal instead of addressing the fact that the RO didn't follow directions.
Asknod has written about these issues in depth.
This is very succinct and easy to understand. Thanks!
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I don't believe a nexus letter is needed because I claimed it as a "presumptive", which from what I understand you just need the diagnosis with symptoms at least 10% disabling.
They made mention of my diagnosis from my gastro specialist, but as I'm reading it, they seemed to miss that my condition and symptoms were considered chronic. Almost like they just skipped that part and went with the C&P examiners findings (not 10% disabling) who happens to be only a nurse practitioner. I also resubmitted my Diagnosis from my gastro specialist just in case. I will be seeing him in 2 weeks and he is going to do a write up to my symptoms as moderate to severe.
You don't need a nexus statement and you don't need a "at least as likely as not" statement either. All of the people posting are knowledgeable, more so than myself, and have good intentions, but in this case I believe they're mistaken. The reason I think this is because I was just awarded service connection for IBS due to being a Gulf War presumptive and didn't need any of that stuff.
I had my gastro's notes with a diagnosis of active IBS, and an IBS DBQ signed off and faxed in by him (as required) for redundancy, done deal. Nothing more needed as IBS is a presumptive condition for Gulf War vets. I don't know if I just got lucky but that is all I submitted and it went through without a hitch.
Fill out a 21-4138 describing how your IBS impacts your daily life such as constipation, how often this occurs, cramping, pain, involuntary and immediate need to toilet, etc. You need to paint a picture for the person who's reading your file and determining if you meet the criteria for IBS. Don't just say I'm a GW vet and I have IBS, that won't fly.
I would use something like this to start... I am filing a claim for irritable bowel syndrome as a presumptive illness due to my service in the Gulf War as per section 3.317 of title 38 of the CFR. -
I've had 2 VSO's, DAV and VFW, and both were worthless!
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Reno RO - 13 months. 1/13 - 2/14.
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Not to hi-jack this post but most "really great companies" do honor this type of service. Recently there was an error at Bobby Flay Steak restaurant, where they charged customers $3750 for a bottle of wine, when what the customers heard the waitperson state, when asked about the price, was thirty-seven fifty ($37.50). They probably cost his brand more damage than honoring the price, would have cost. Shame on Bobby Flay!!!!
I think saying "Shame on Bobby Flay!!!" is disingenuous. Bobby Flay had nothing to do with the "incident." The customer neglected to bring their glasses, couldn't read the menu, and asked for a recommendation on a bottle of wine. When you're ordering filets and $135 Seafood Tower plates I can see where the confusion might lie with the server. I can also understand the confusion about the price being quoted as "thirty seven, fifty" but you're at Bobby Flay's, not Applebee's, and they should've used a little common sense.
The restaurant lowered the price to $2200 in the end. Anyhow, sorry for the thread drift.
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Good deal!
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Not true, and you should not stand for this. VOC Rehab is there to help Vets further their employment opportunities through education. Any Vet with a 20% or more rating is eligible to apply.
That's how it was explained to me by a Voc Rehab counselor. Please feel free to post the requirements for eligibility.
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NavyWife - The "poking the bear" is the same bullshit fear tactic that my DAV VSO laid on me in 2002. Following that advice did absolutely nothing but make me lose a decade of benefits after the VA denied me on the first go round. I reapplied for tinnitus and a messed up left knee this last go around in 2013 and both were approved utilizing the exact same information that was in my records from the previous attempt.
If you have solid information then don't be afraid to use it and ignore the naysayers. The VA and the bootlicking veterans who espouse being happy with the crumbs their master provides them should be drug out and shot. You have to be willing to fight and go the distance!
I know you're an intelligent woman and a fighter so stick with it!
Dro Hearing - What's It Like? Plan Of Attack?
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
I would've responded yesterday but I was trying to cool off... I'm still ticked.
Honestly, I have no idea. I was diagnosed on several occasions in service with bilateral PFS (patellofemoral syndrome). When I went to my initial C&P on the first go around apparently the doctor but full range of motion and there weren't any issues. At that time I had no idea about appeals or any of this stuff and my DAV VSO told me not to wake the giant since I got 60% for various issues I should be happy and go away type of thing.
Now, the VFW guy said I showed full ROM in the C&P and I wouldn't be eligible for the backpay. There is absolutely no way this guy was pro-vet and I'm working on submitting a signed document contesting what occurred during the DRO hearing. I'll post it later in hopes people can look at it and give me their opinion in case I'm going off half-cocked... It does happen occasionally ;)
At this point if anyone recommended a VSO to me I'd punch them in the mouth.