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VictorE

Seaman
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About VictorE

  • Rank
    E-3 Seaman
  • Birthday 09/18/1960

Profile Information

  • Location
    Kansas City, Kansas

Previous Fields

  • Service Connected Disability
    90%
  • Branch of Service
    Air Force
  • Hobby
    Fighting the VA

Recent Profile Visitors

557 profile views
  1. My disability ratings are 70% MDD 60% Fibro 20% Spondylosis (lumbar) 10% Neuropathy Lt Leg 10% Neuropathy Rt Leg 10% Bilateral for Neurophy 10% Tinnitus Missed the round up to 100% by 1.3%. VA ignored several grants by BVA that will take me over the 95% but I want to get to 100% TDIU in the meantime. BVA Granted entitlement W/O remand in August and VA granted %'s in September. I have SS evidence that I last worked in 2008, will the VA retro back to 2008? My VARO is Wichita KS
  2. Just got my approval letter stating my percentages and how much retro I got. I don't fully understand what the percentage amounts add up too. The letter just tells me percentages and how much I get and how much my attorney gets. MDD = 70% myofascial pain = 60% DJD = 20% neuropathy Rt lower extremity = 10% neuropathy Lt lower extremity = 10% I was already receiving 10% for tinitus What does this all add up to? I assume I will be awarded the extra 10% for bilateral but won't know until I get the award letter.
  3. I recently received notice from the BVA that my claim for benefits filed while on active duty in 1985 have been approved and that entitlement has been granted. I was injured in the line of duty and a Formal Medical Board determined that this injury to my spine caused me to be unfit for duty. I applied for my benefits while on active duty so that I would be taken care of from the day after my medical discharge. 4 weeks after my discharge the VA did a C&P Exam and 6 weeks after that I got a letter saying they denied my claim because my disability was congenital, being so frustrated with the
  4. Per 38 CFR 4.85 Table VII he would be at 0%, if they rate him using 38 CFR 4.86 he would be at 10%. It took me awhile to figure out how they come with the percentages but once I understood it is easy to figure. The VA exam states 1000 Hertz - Right = 20 2000 Hertz - Right = 50 3000 Hertz - Right = 65 4000 Hertz - Right = 70 AVG 51 speech recognition 82% IV 1000 Hertz - Left = 25 2000 Hertz - Left = 40 3000 Hertz - Left = 65 4000 Hertz - Left = 60 AVG 48 speech recognition 84% II 0% rating with speech recognition - 10% on puretone only The IMO exam states 1000 Hertz - Right = 50
  5. My father a Korean War vet was approved for service connection for bilateral hearing loss and Tinnitus on a decision made by the BVA on Oct 22 2013. The issue I am having is I cannot figure out what his rating will be, the BVA has remanded it back to the VARO for rating but for the life I cannot figure out what the rating percentage should be. Any response is appreciated. It says his speech recognition from the VA is 82% in the right ear and 84% in the left. The VA exam states 500 Hertz - Right = 30 Left = 25 1000 Hertz - Right = 20 Left = 25 2000 Hertz - Right = 50 Left = 40 3000 H
  6. Free Spirit, thank you for all of your research and concern. I probably am howling at the moon discussing the importance of the redacted medical file. My attorney says lets first get you service connected and then go into the other issues like EED and CUE, pretty much the same thing you have said. I just get frustrated with the life I live and wish it would get resolved. I feel like I am in a standstill but its been so long now that I need to remember each day brings me closer to getting this injustice corrected.
  7. She cited the medical record in her opinion by saying that her findings were supported by his opinion. I applied in 1985 and when I got home I called the VA and scheduled a C&P exam. It was conducted 30 days after my discharge but the day I went in for the C&P they made me fill out another different claim and when I got the denial 60 days latter it said my reopened claim was denied because I had to have a disease or injury that was incurred or aggravated during my service time. Obviously my records were not before the person who made the decision to deny. Also when I look at my C-File
  8. If anyone can give me a precedent to study it will be helpful. What he said was that my disability was due to a work related injury, he gave no details of what he called an accident in 1990 even though in 1985 I went through a Physical Eval Board that determined I was injured in the line of duty and that my disability was not pre existing, my DD214 says discharged by reason of physical disability with entitlement. The statement that I fought for him to redact was that during a workmans comp suit I accepted a 1 time payment in lieu of future medical care. The C&P examiner cited his medica
  9. In 2009 I saw my first VA medical doctor and after refusing to review my service medical evidence I had brought with me he put into my VA medical record inflammatory remarks that after 2 years I was able to get them redacted from the record. Can this record now be used as evidence against my claim? The medical record states on it now that a part of it was redacted. This changed the VA medical record but before I could get the statements redacted a C&P examiner used the record against me when denying my claim. I brought up this issue during my DRO hearing but of course it does not appear in
  10. I have an attorney now, after 3 years of trying to get help from different VSO's, the VSO route was not good for me because the claim is so old and they did not have the time to focus on my claim. The story from the VA for my denial has changed multiple times over the years from no record in my SMR's to acute and transitory and this last time hereditary childhood arthritis. I find it hard to believe that a Congressman's family member would be treated this way or that if it was politically advantageous that they could illicit a fair review of the claim. I am just an average Joe with no "
  11. After a physical trauma to spine resulted in 18 months of physical therapy the Sec. of the USAF on appeal found me unfit for duty and medically discharged me in 1985. Prior to my discharge I opened a claim for VA benefits and 6 weeks after getting out the VA turned down my claim saying my records were silent of any disease or injury incurred or aggravated during service. I filed to reopen my claim in 1990, 1999 and 2009 but was denied each time. Last time in 09 the examiner made up that I must have had a form of poly-articulate arthritis that caused the disability that I was discharged for.
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