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free_spirit_etc

Master Chief Petty Officer
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free_spirit_etc last won the day on April 30 2015

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About free_spirit_etc

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    E-9 Master Chief Petty Officer
  • Birthday 10/08/1956

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    free_spirit_etc

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  • Location
    Illinois
  • Interests
    Widow of a 100% Service Connected Disabled Veteran.

Previous Fields

  • Service Connected Disability
    None
  • Branch of Service
    Air Force

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  1. I really like this part. -- Also, have you posted your IMO here? "First and foremost, the only rationale provided by the June 2010 VA examiner to support his conclusion that the appellant’s right club foot was not aggravated by service shows that the examiner relied on the absence of objective evidence of aggravation –particularly, the lack of notation in the service medical records of an injury or event. “As the Court noted in Horn, reliance on the absence of record evidence of worsening is flawed because it “effects an impermissible burden shift” to the veteran to show an increase in disability during service. 25 Vet.App. at 239. In addition, the examiner did not provide a medical explanation for his conclusion, supported by extant medical knowledge and the facts of record. See id. at 240 (indicating in the context of evaluating whether the Secretary’s proof is sufficient to rebut the presumption of soundness that “there is no reason that the Court should not follow its caselaw that … an unexplained conclusory [medical] opinion is entitled to no weight in a service-connection context (citing Nieves-Rodriguez v. Peake, 22 Vet.App. 295, 304 (2008))). As a result, the Court concludes that the June 2010 opinion is inadequate and Board erred in relying on the examination.”
  2. Another option to cramming could be -- I think you can request a postponement up to two weeks prior to your hearing. That could give you a few more months.
  3. hutchtam, It is so sweet that you are thinking of ways to provide for your family -- but I think you need a better plan. I don't know if suicide is specifically excluded, but I do know your survivors would have to fight to prove to the VA that it was caused by the service connected illness. That would probably take 5 to 10 years and they might not succeed. I don't think it would be helpful to put them through that. So I think you need to explore other options. I agree with Leanne, that if you are under this much pressure, you need to reach out for help. Is the health care and college expenses causing most of the pressure?
  4. In general, I think that depends on the laws of the state. In my state both parties have to consent. My adjoining state only requires one person's consent.
  5. I think it is a wonderful idea! I am in! I might have some other ideas but don't have a lot of time to discuss them right now. (I sneaked into hadit while my son is patiently waiting for me to finish my homework so I can take him somewhere...)
  6. Good luck atomicwidow!
  7. I am not sure, but you can often shorten the time if you obtain the SSA records yourself and submit them to the VA.
  8. Berta, Here is an interesting claim http://www.va.gov/vetapp12/Files5/1236924.txt
  9. Pete992, Thanks for posting that. That is much more clear than the initial post. The initial post seemed to imply that an earlier effective date is pretty much a given if the evidence was in the file. But there are hoops to jump through and things to prove before you get there. And the VA can be pretty tricky in plugging some of those holes.
  10. So they are saying that your husband was 100% from the stroke for 2 years, but they won't pay for more than six months because they say his stroke wasn't permanent, even though he died? At my hearing, the BVA judge said my husband met the standard of having a "current disability" because he died. He was smart enough to realize dead people are disabled.
  11. Jazar, I think you had an entirely valid question. This site is full of questions of people asking how much they will get for certain percentages of disability, how much they should get retro, etc. I don't see this concern as any different from those. And I don't think you should have to settle for being happy that the rest of your loans are discharged, if they actually owe you a refund for payments, especially as we don't even know how much you paid in the interim (that should be refunded) and how much they discharged. Under the old policy (for applications filed prior to July 2013) when you filed for disability waiver on student loans they told you to continue to make payments until you were notified of your temporary status. Once you receive the permanent status, they should refund any amounts you paid since the time they have determined you were disabled. The new policies are available online, if you filed after July 2013. http://www.disabilitydischarge.com/TPD-101/ What Happens If I Apply Based On VA Determination Of Unemployability Due To Service-Connected Disability? The Department will evaluate the required documentation you submit and either approve or deny your TPD discharge request. Approval If the Department approves your discharge request, we will notify you and the holders of your loans and/or TEACH Grant service obligation of the approval. We will also instruct the loan holders to return any loan payments received on or after your disability date to the person who made the payments. For this purpose, your “disability date” is the effective date of the VA’s determination that you were unemployable due to a service-connected disability. After being notified that the Department has approved your discharge request, your loan holders will discharge your loans. If you don't have a record of what you paid since August 2000, you should be able to create an account on the loan holder's website and get a statement of payments. You are wise to start checking out what you should get. This process, like all Government programs does not always go as smoothly as it should. So it is best to know where you should stand.
  12. Here is a case where the BVA granted SC for Mesothelioma -- based on a VA physician, as well as IMOs, connecting it to AO exposure. http://www.va.gov/vetapp07/Files5/0740851.txt
  13. I wasn't talking about any tangent on retro. I was referring to this thread That was started by you and discusses your claim. I thought maybe you intended to post your comment about what the DAV service officer told you in that thread. That thread has a lot of previous information about your issue. THIS thread, the one you posted in, is about another issue concerning another veteran. I first read your post and scanned up the thread, and assumed it was posted by diver, as this whole thread was about his issue. But I was a bit confused, and so I finally looked and realized you were not diver, but then I was trying to figure out how your post related, as it was your first post in this thread, but it seemed to assume we had some background info on your claim. Then I clicked on your name to see if I could find some background info -- and noticed you had a thread about your own case (and with a similar title to this thread). So I thought maybe you posted in a different thread than you intended to.
  14. Okay. I was thinking more of an informal request to reopen -- so I guess it would be more of an informal claim, than showing of intent to file. But in order for the informal claim to occur, the claimant would have to show intent to file / reopen. 38 C.F.R. § 3.155© © When a claim has been filed which meets the requirements of § 3.151 or § 3.152, an informal request for increase or reopening will be accepted as a claim.
  15. You should be refunded the amount you paid since August 2000.
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