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asknod last won the day on August 6

asknod had the most liked content!

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1,520 Excellent

About asknod

  • Rank
    E-8 Senior Chief Petty Officer
  • Birthday 04/01/1951

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Profile Information

  • Military Rank
    Sgt. E-4
  • Location
    Gig Harbor, Washington
  • Interests
    TR-6 Sports Cars, old guns that go rat-a-tat-tat.

Previous Fields

  • Service Connected Disability
  • Branch of Service
    USAF/ Air America
  • Hobby
    VA Nonattorney practitioner VA #39029 POA Code E1P Accepted to practice- Court of Appeals for Veterans Claims (CAVC)

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  1. And then there's that intractable problem with the AWOL VSO rep... Mighty convenient.
  2. asknod

    Claimed Denied

    <<<<severeanxiety,depression>>>>>>> <<<<<<<When my unit came down on orders to deploy to Afghanistan is recieved orders to go Korea.Which made feel like a coward.>>>>>>> I do not mean to be rude or argumentative but how does a change of orders cause a major depressive disorder? I was bummed out when I got assigned to Thailand instead of Vietnam in 1970. Two months later I got my wish but I didn't get bent brain syndrome until I got into combat. Can anyone enlighten me as to how or why you would get MDD over a non-combat assignment to Korea? What am I missing? Surely, if this reaction is prevalent, there must be some of you here on this board who can explain it to us. VA is going to be asking some rather pointed questions as well. Vets serve their country. Some sign up in peacetime and some in war. If you signed up in a time of peace, it was understood all that could change in a heartbeat. Think Grenada or the Middle East. However, it sure doesn't demean your service if you didn't serve in combat. Trust me. You didn't miss anything except warm beer, no ice or soda water for the Scotch, really skanky food and the stink of dead bodies. As for depression, I can understand if you went on R&R and didn't get a CIB or a PH but all your buddies got nuked by friendly fire and were killed. But seriously? Depression over deploying to Korea versus Afstan and missing out on combat? I don't mean to disparrage your feelings of depression and anxiety. They are debilitating illnesses and can cause other secondaries. Generally speaking, VA is going to ask you some really hard questions- far harder than what I'm asking here. You will need a stressor that you feel precipitated the MDD in order to get SC for your condition. That would generally be, at a bare minimum, fear of the enemy overrunning your position or some like stressor. If you do not have that, VA is going to be a bit dismissive of your contentions. VA doctors often spot other ailments and diagnose you with them. Unfortunately, that doesn't make them service connected. Not everything that happens to us is SC in spite of what we'd like to believe. Best of luck on your quest for more/higher ratings, sir.
  3. Negative. You are looking at the ICD 10 Codes. The VHA is the medical arm of VA. The VBA is the compensation side of the House. You will never see or get the Confirmed Rating Sheet unless you can get into VBMS or get your claims file. If you are wondering what one looks like, here's an example. VHA doesn't have or keep this info. P.S. Well, hush my mouth. I just received a decision on one of my Vets this morning and lo and behold- they sent a Confirmed Rating decision out with it. Maybe VA is changing or maybe it's because I'm his representative. It's really immaterial as I could see it on VBMS over two weeks ago. CRD.pdf
  4. 95% of Vets have no idea what Diagnostic Code they're rated under or if it's a hybrid built up using §4.27. I caught VA using the 8515/8520 family of peripheral nerves to rate multiple sclerosis even though they have a rating for it. That's against the law in 48 states.
  5. File a VAF 3288 for your claims file. You will find them immediately after each rating decision in the .pdf. We call it a confirmed rating decision but the label at the top calls it a rating decision. It shows the date, the POA and the exact diagnostic code from the VASRD.
  6. asknod

    Fee for IMOs

    The only good thing to come of idiot VA employees losing their computers by leaving them in unlocked cars it that the knowledge is now on the VBMS and not in their laptop. Thank goodness for small favors. As for taking the c file home to "massage" it, boy howdy is that illegal in 50 states. I have a Vet on appeal in San Juan PR. I went through his VBMS file and found lots of stuff that was not there in 1970 when he filed. What was still missing was an x-ray of his liver in 1971. He asked for a copy of the file in 2001 and they sent him a small handful of goodies. Guess what they gave him. Yep. The 1971 x ray. To this day that x-ray is still not in the file. It even has those two holes punched in the top of the sheet proving it was in the file at one time. We have a Videoconference in front of the VLJ on the 24th. I don't usually do the video nor do I recommend it but I don't have time to fly down there. I think this is going to prove due process was violated like Phil Cushman. You don't have to prove they changed the records. If they shredded part of them, that's just as damning. There goes the presumption of regularity that the c-file is sacrosanct.
  7. asknod

    Fee for IMOs

    Buck, think of paper claims files as you would old telephones with the dialing wheel. We've evolved into the 21st Century. You log in to VBMS at home. I do it about 4 times a day. Hell, I can even download and print out records. Believe it or not, I run into a lot of VA employees who work 3 days a week (Mon. Wed. Fri) at home and telecommute. In fact, my Travel Board Hearings coordinator in Seattle (Tammy) does this. I email her and ask if they want any cookies when I come over to do a hearing. Hell, most of them read my blog too. Make no mistake about this claims business. We all smile and shake hands when we meet- but-invariably there's a dagger in their left hand. Sadly, most VA employees are unaware of what happens to a claim (denial) after it leaves their hands. They see the naked entry product only. The M 21 is what determines the fate at the regional level. On July 11th I had a DRO hearing in Jackson, Mississippi- on the record- no less, where she said they don't use 38 CFR . Well boy howdy is that different when you get a SOC back listing dang near every CFR there is. I hear pretty soon they're going to put in a drive thru window service for Vets. You don't even have to get out of your vehicle to file...
  8. asknod

    Fee for IMOs

    Well, not exactly. VA has a lot of hospitals with...wait for it... lots of doctors. These doctors can make extra money taking your records home and formulating an Independent Medical Evaluation (IME) which will not be in your favor. IMEs most frequently, are asked for at the appellate level-i.e. a Veteran Law Judge (VLJ) at the BVA is unhappy with the sloppy VA Examiner's negative nexus. The VLJ sends out for another. And, just like an Independent Medical Opinion (IMO), they review your records and make a decision based on them. You will never meet the author of your IME that sandbags you. If you keep tabs on these jokers, you'll see several doctor's names pop up frequently. One with quite a few negative IMEs up and down the Atlantic seaboard is Dr. Shirin DeSilva. This joker is a specialist in so many fields, one wonders how he ever got out of Med School to actually practice medicine. A good IMO shouldn't cost more than $2K. It's too competitive nowadays. Mednick is far more affordable. Medconnect and Medscape are other outfits who supplies an identical service at the same price. As I have mentioned before, you cannot hire them unless you are an attorney or agent. Dr. Bash simply provides a higher level of service directly to those too busy or uneducated in how the system works. The higher fee represents the fact that he generally flies in to examine you. The VA's problem with Dr. Bash is simple. If you set up shop to do this (IMOs), eventually you run into a Vet you simply can't help. To my knowledge, I've never heard about any of his clients who were unable to get a nexus from him. VA raters and VLJs are mighty leery of his product. Essentially, the only difference between an IMO and an IME is the former is a genuine independent opinion. I've had psychiatrists at Mednick decline to write a confirming IMO because they weren't convinced. An IME, on the other hand, is VA buying off Dr. DeSilva with 30 pieces of silver to say it ain't so.
  9. As agents/attorneys, we get to use VA Change Management Agents(CMAs). They're like Chatty Cathy dolls and tell us everything. No. Seattle is the destination of all RAMP apps. You might file it at W-S, but they transship it to Seattle. A few ROs are becoming special HQs for certain types of claims. The rest do all the regular claims. I just had one of my Vets get his decision out of W-S last month. The DRO called me from there to explain what she was granting and what she was not granting. Used to be, they always did your NODs, DRO reviews and CUE stuff at your own RO but no more. The NWQ is the wave of the future. I just had a SMC determination done on my Vet in Montana by a rater in Manila PI. Yep. It was wrong but so is about 85% of the stuff they do. If you believe Peggy, you need psychiatric help. Did they tell you the Tooth Faery is doing your appeal too?
  10. Seattle (VBASEAT346) is the only Regional Office that handles RAMP. They do all 56 of the ROs . Nashville does Camp LeJeune claims etc. etc. Welcome to the National Work Queue.
  11. Correction: you have 120 days to file a NOA with the Court appealing a BVA decision-not sixty days. The sixty-day suspense date applies strictly to finalizing your substantive appeal you filed on the VA9 at your SOJ. Abbreviation updates: SOJ is station of jurisdiction. Fort Fumble employees disdain the abbreviation AOJ (Agency of Jurisdiction) even though BVA and the Courts call it that. The Appeals Management Center, formerly abbreviated as the AMC is now the Appeals Management Office or AMO. ------------------ FYI Ran into this lovely form (VAF 10-0383) VA has hidden from us for aeons. Thought some of you seriously disabled Vets will need it to confirm you are "catastrophically disabled" Funny, if you go to the VA WARMS computer site, it's nowhere to be found... Bon appetit. . VAF 10-0383 Catastrophic Disability Enrollment Approval Request.pdf
    1. Hey, AskNod,  I see you are up to 290% disabled.   What level of SMC are you at now?  Do you have an android that lifts you out of bed in the morning?  No,  the VA would never pay for that.
  12. A c&p examiner is not there to diagnose you. He merely reports what he finds. As far as I know there is no Tinnitusmeter that can measure it. It's a purely subjective diagnosis. If you never mentioned it in service (tinnitus-not hearing loss), then he cannot dx it in a c&p. The VA examiner can but he didn't. Seems you need to go back to the Caluza triangle we teach here. That's the recipe for a chicken dinner winner. I hope you took your military medrecs in with you to show the c&p guy. That almost always works.
  13. As a nonattorney practitioner, I would find it difficult to accept a Vet who had fired an attorney. The operable word would be trust. I have had combative Vets who seek my representation and then begin arguing with me about how to adjudicate something. If they were so knowledgeable on how to do this, why come to me and tell me how to? I belong to NOVA and we are not a cliqueish club. I don't recall meeting Julie Glover but I would point out she is forbidden by law to "barter" away any of your claims without consulting and receiving your permission to do so first. VSOs, on the other hand, can, and often do, sell you down the river legally-with or without your permission. Now, with that said, I have asked Vets if I have permission to barter away low value claims such as tinnitus hemorrhoids or hearing loss (assuming it isn't life threatening like Buck's). The reason is simple. If I can get TDIU for PTSD or an amalgam of disabilities that qualify for TDIU, I can go to a DRO and say we'll toss in the nit noy crap if he'll grant the IU. DROs can barter but not "on the record". We do it strictly off the record because it's illegal to do so. I've done this a bunch of times but I always had the Vet's permission beforehand. Sounds like Ms. Glover might have overstepped her mandate. However, she was trying to get you the highest and best ratings she could and she would never do it out of spite or stupidity. I personally believe you shot yourself in the foot by firing her but that's based on your side of the story. I might revise that belief if I found out she had acted unprofessionally. This is one of the reasons I have a rock solid attorney/client fee agreement that spells it out ahead of time. Terminating your hired help puts a black mark in their OGC personnel folder. Worse, if you tell the next potential attorney/agent you try to hire why you are there (that you need a new law dog because you canned the old one), it worries them that if they upset you, you may fire them too. There are approximately 750 real VA attorneys out there who do VA claims exclusively. There are 350 agents. There are 20 million Vets and 3 million in the system actively seeking compensation. Do the math. There simply are not enough of us to go around. If you 86 your hired help, you are going to have the devil's own time finding another. If you lie or fail to disclose it, we'll find out anyway because it's right there in your claims file. If Ms. Glover has politely declined to waive her legal fees, does that mean she won something for you and is entitled to 20% of it? Do you expect her to walk away from any payment due and owing as agreed to in your fee agreement? If so, what is the purpose of a fee agreement at all? I'm confused on one point here. Your post says Ms. Glover withdrew two appeals with her "contact" at the St Petersburg VA Regional Office. Were these claims on appeal or merely in the formative stage? In other words, had they been denied and appealed on a NOD? Depending on what you won, I'd say a potential 10% for tinnitus or a 0% for hearing loss was a smart ploy if she bartered them for a higher compensable rating on any other claims or IU. We have lots of techniques to win claims-some we don't discuss. Vets do not understand the process which is why they hire us to work our magic. If you fire one of us, you better have a darn good reason because you will have the problems you now see. I don't cherry pick clients for the dough but I can sure testify I'm one of the few who do not. I won't mention names here but a lot do. Just a heads up- hearing claims are like cheap Mardi Gras beads and not worth much. I only deal in Vets who are dying because they have very complex, difficult claims no one knows how to win. I really don't need the money because I don't have $200,000 in student loans at 5.8%. As for submitting a N&ME with an IMO at a DRO hearing, I will point out the operation of law. The Decision Review Officer is limited by law to review an appeal based on the facts found. Undoubtedly, further medical inquiry can be undertaken with a view towards further developing the claim. However, in this regard, the Court has cautioned VA against seeking an additional medical opinion where favorable evidence in the record is unrefuted, and indicated that it would not be permissible to undertake further development if the sole purpose was to obtain evidence against an appellant's claim. See Mariano v. Principi, 17 Vet. App. 305, 312 (2003). See also Kahana v. Shinseki, 24 Vet. App. 428 (2011); McLendon v. Nicholson, 20 Vet.App. 79, 85 (2006 (In any event, the lack of medical evidence in service does not constitute substantive negative evidence). As for whether a VSO or an attorney/agent is a better advocate, would you hire a dance instructor to fix your car? An atty/agent has to learn law-VA law specifically. A VSO has to be able to recognize a 4138 from a 0958 and understand how to fill it out. That is pretty much the sum of what he needs to know to 'practice'. With that said, I do hope you obtain new legal counsel because it sounds like it would be advisable to have a Sherpa.

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