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Rattler

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  1. Like
    Rattler got a reaction from Snake Eyes in YouTube Channel Monitization   
    So I am a little confused. Are you making money on the Youtube channel or intending to make money? If not than it is not gainful activity. I would not make them to long. like break them up into say 30 min once or maybe twice a week.  I if you do it say 5 or 6 times a week for a hour or hour and a half than you could maybe get into an issue . I think broken will tell you both the VA people in his position and the raters do not have the time to surf youtube to look for veterans trying to make money on youtube. What will put a flag on you is the money being reported to the IRS or someone turning you in.
  2. Like
    Rattler got a reaction from Dustoff1970 in Disability Rating Increase Promise Under PACT Act   
    What the Mod's and others have said hear is spot on regarding re-evaluation of ratting's. There is a lot of miss information that is put out there by some miss informed well meaning VSO. (And some not so well meaning VSO woh doesn't want to do the paperwork.) If you are in the 5, 10, or 20 year range it is unlikely that the VA will screw with it. When you apply for the pack act in most cases you are applying for something that is considered presumptive. Meaning if you have X-cancer it is considered to be service related. (depending on where you served and what you did when you were in.) 
  3. Like
    Rattler got a reaction from Riplip in Complete disregard for information during exam. Veterans are stuck?   
    I would also call the Whitehorse Hotline anf file a complaint. 855-948-2311
  4. Like
    Rattler got a reaction from Vync in Complete disregard for information during exam. Veterans are stuck?   
    I would also call the Whitehorse Hotline anf file a complaint. 855-948-2311
  5. Like
    Rattler got a reaction from Sgt. Wilky in PTSD C&P Exam Video Conference   
    This is late in the response. The answers is yes. I did one last year and they let my spouse sit in on it and give her opinion. 
  6. Like
    Rattler got a reaction from Dustoff1970 in BVA cases results   
    Dustoff1970
    I do all the above with BVA cases and claims I file. I use the BVA and CAVA langue of winning cases in my filings. It has worked in most all my cases.
  7. Best Answer
    Rattler got a reaction from brokensoldier244th in Just filed a BDD claim, is a virtual exam normal?   
    So, I guess I am confused. if you are getting out soon the way to do that is through the MEB/PEB system in service. espictly if all this is in your medical records. 
    It will be much easier if you go through the MEB/PEB system as it will not take as long for the VA to rate you. They will mostly accept what the MEB/PEB does and rate you accordingly.  KEEP IN MIND you can waive the medical pay from your branch of service for the VA disability pay that is much more
    Heras a word of warning about submitting a 1000 pages as evidence. Probably no one will read it all. they just don't have time. What I usually do is break it up and submit it with a cover page like "Back Surgery Notes" etc to make it easier for people like brokensoldier244 to read and set up for the rater. 
    More than one person on the site will tell you evidence can and will get lost.
    The section of the forum that has good info is at this link.
    https://community.hadit.com/forum/112-mebpeb-physical-or-medical-evaluation-forum/
    PEB/MEB Forum for Active Duty OffSite Resource Is a grate site to ask questions about this.
    https://www.pebforum.com/
    Integrated Disability Evaluation System (IDES) Is the Army's official site for this.
    Last is a post I did in this forum that has a link to a video that was done by a VA employee  who I know. He discusses all of this in detail.
    https://www.youtube.com/watch?v=PS4MDpq9REw
     
  8. Like
    Rattler got a reaction from Dustoff1970 in Commissary Use   
    Dustoff1970
    Good to see your still around.. Thanks for the input.
  9. Like
    Rattler got a reaction from Vync in Has anyone experienced this at the Board of Appeals level??   
    I don't know if they are posting BVA decisions on va.gov or not. It's been senses 2021 when I had my last one. I know they are now posting links to VA decisions when they close out claim on va.gov.
  10. Like
    Rattler got a reaction from Vync in Has anyone experienced this at the Board of Appeals level??   
    Well Top I just went through some thing.  Mine keep saying the same thing even after I received  my decision  letter.  It now says closed. The Web site is known to be inaccurate with its info.  800-Betty sone times is no  better. When they issue the decision you should be able to download it from va.gov. You can try to call the 800 number and insist to talk to a supervise they have access to places the regulator 800 does 
  11. Thanks
    Rattler got a reaction from Infantry 1Sgt in Has anyone experienced this at the Board of Appeals level??   
    Well Top I just went through some thing.  Mine keep saying the same thing even after I received  my decision  letter.  It now says closed. The Web site is known to be inaccurate with its info.  800-Betty sone times is no  better. When they issue the decision you should be able to download it from va.gov. You can try to call the 800 number and insist to talk to a supervise they have access to places the regulator 800 does 
  12. Like
    Rattler got a reaction from Vync in Is it normal for va to add other conditions to my claim   
    The short answer is yes if the VA a knows about a SC issue they are required to explore that issue. You can tell them that you are not interested in SC foe am issue. The only way you would want to do that is if you could not prove it and need more medical records.
  13. Best Answer
    Rattler got a reaction from blahsaysme2u in How to remove an uploaded file from E-Benefits?   
    pwrslm
    Gave you some good advice. What I would do if it were me is rewrite it and add a statement. "This personal statement replaces any prior personal statement."  In BOULD ot the top.
  14. Sad
    Rattler got a reaction from blahsaysme2u in Warning about Dr. Thomas J Seiter I lost $3500 in an IMO & DBQ’s   
    I thought I would update  this thread. I and others filed a complaint with Columbia CO Sheriffs Dept. 706-541-2800 in 2021. I received a call from one of there detectives and was told that he received a call from another veteran who lost $6000 with him. The filed charges against him in 2021 and he was arrested and charged. I will try and call and find out what exactly the end results were.
  15. Like
    Rattler got a reaction from Vync in Medical question   
    I just had a total knee done March 14, last year. everything broncovet said is right on the money. Warning It is not like the brochure says. It will hurt more than you think and take more time than you think.  It takes 10 weeks at a minimum with the are strap to you before it will heal. PT is your best friend. 
    I applied to increase my rating after the surgery and the VA included SMC @ 100% for 4 Mo.
    I would check out the Community Care Doc's in your area. The one who treated me for 20 years was on the list and that's who I used.
  16. Like
    Rattler got a reaction from Vync in OIG: VA fails to have appropriate staff address Vets appeals.   
    Alice's restaurant? (You know "you can get anything you want at Alice's restaurant.")  Maybe we should play the song over and over until the others get it. 
    I suspect that my MST kind of got caught up in some of that stuff 2017 - 2018 pre AMA until I made enough stilk till it got dent to the right group.
    Vync I have a habit of attaching everything to my BVA appeals so there is no excuse that the info is not there. I had a telehealth hearing in maybe 2 -3 Mo. (I was advanced on the docket because of skin cancer at the time) Over the years I think I have 3 or 4 copies of my military records including some of the ordinals that they don't have.
  17. Like
    Rattler got a reaction from Vync in Individual Ready Reserve Activation consideration in Disability Claim   
    "I think there is a regulation somewhere, that VSO's are only supposed to return no more than about 5% of the messages left to them by Veterans."  To funny broncovet. I thing it goes the same way for attorneys. There should be a way to deduct for the % of what they get for non response. 
  18. Like
    Rattler got a reaction from Vync in Individual Ready Reserve Activation consideration in Disability Claim   
    I am a subject matter expert in BAD paper claims if this is your case. I fought the VA form 1982 to 2020 to get the VAvto give me a correct COD determination. Then as brokenvet244th will tell you it has to land in the right RO office so the VA will process it right. (PTSD/MST)
  19. Best Answer
    Rattler got a reaction from Vync in OIG: VA fails to have appropriate staff address Vets appeals.   
    We need to clone you brokensoldger244th at the VA.
    This vet had a pre streeser of having 4 members of his family murdered and was denied leave to deal with it. He went AWOL came back was put in a PCF faculty got a summary court that got deferred to anART 15. When he was at the PCF he got assaulted by an NCO and thing kind of fell apart. 
     
  20. Like
    Rattler got a reaction from Vync in OIG: VA fails to have appropriate staff address Vets appeals.   
    Was that part of that 2018 OIG report on the MST denials? My ordinal claim started in August 2017. 
    What bronco bet posted is a different OIG that I got noticed the other day and posted in the forum. 
    To me no matter what the issue is its always the same old thing. Unqualified people making decisions about claims. It doesn't matter if it someone at the VA or the imitation C & P doctors. (workers comp doctors posing as VA & P doctors)  This is the real problem with the system.
    I am 100% thrilled for what they have done for MST Vets. The problem is not all MST Claims make it to your group. Sme person at the VA sees a UTH discharge and dismisses the claim because of it. Or they see a single AWOL in the record and dismiss the claim. With all the miss information out there that you have to get you discharge upgraded before you can apply for benefits. If the VA was forced to do more Charter of Discharge determinations by qualified VA employees who are trained to handle COD claims.  Hears an example. The Vet that got me going down the PTSD/MST road I am helping get his benefits is still getting juking around even though he did get his discharged upgraded to a General. He has 3 years of MH records stating from the head MHT  doc (Who he was seeing for MH) I am so tired of the scam screwing Vets out of benefits.
    I should have put this in Rattler Rant..... 
    https://community.hadit.com/topic/90225-veterans-are-still-being-required-to-attend-unwarranted-medical-reexaminations/#comment-533042
  21. Best Answer
    Rattler got a reaction from Whodat in Earlier Effective date, waiting to be assigned to judge   
    You might find this interesting.
    - I submitted DBQs that are adequate for rating my claim. M21-1 V.ii.i.A.3.j allows that "A statement from any physician can be accepted for rating purposes without further examination if it is otherwise sufficient for rating purposes" and has a proper diagnosis. This policy derives from 38 CFR 3.326 which makes a similar declaration. Further, my DBQs meet the definition of "competent medical evidence" (38 CFR 3.159(a) (1)). If my DBQs are insufficient in any way, then VA must contact me or my private physician
    for correction (38 Use 5101). It is improper to send a private DBQ to a e&P examiner for clarification when they did not write it in the first place. Such action could only be construed as an effort to "develop to deny" by VA.
    - Congress has declared its support for Veterans using private medical evidence to support their VA claims because it "properly protects veterans" (38 USe 5101). Consideration should be given to the DBQs I have submitted with my claim. They are sufficient for rating purposes, and they make C&Ps unnecessary.
    - VA cannot "develop to deny" a claim. Since I have already submitted a complete package of private evidence, any further development with C&Ps would violate VA policy: "Decision makers may not arbitrarily or capriciously refuse to assign weight to a claimant's evidence or develop with the purpose of obtaining evidence to justify a denial of the claim" (M21-1 V ji.3.B.1.a). This prohibition was emphasized in a law review article published by the BV A: "additional evidence should not be procured for the sole purpose of denying the veteran's claim" (1 Veterans L. Rev. 94 (2009)). Even CAVe has strongly affirmed this policy: "Because it would not be permissible for VA to undertake such additional development if a purpose was to obtain evidence against an appellant's case, VA must provide an adequate statement of reasons or bases for its decision to pursue further development where such development reasonably could be construed as
    obtaining additional evidence for that purpose" (Mariano v Principi, 17Vet. App. 312 (2003)).
     
     
  22. Like
    Rattler got a reaction from Vync in Earlier Effective date, waiting to be assigned to judge   
    You might find this interesting.
    - I submitted DBQs that are adequate for rating my claim. M21-1 V.ii.i.A.3.j allows that "A statement from any physician can be accepted for rating purposes without further examination if it is otherwise sufficient for rating purposes" and has a proper diagnosis. This policy derives from 38 CFR 3.326 which makes a similar declaration. Further, my DBQs meet the definition of "competent medical evidence" (38 CFR 3.159(a) (1)). If my DBQs are insufficient in any way, then VA must contact me or my private physician
    for correction (38 Use 5101). It is improper to send a private DBQ to a e&P examiner for clarification when they did not write it in the first place. Such action could only be construed as an effort to "develop to deny" by VA.
    - Congress has declared its support for Veterans using private medical evidence to support their VA claims because it "properly protects veterans" (38 USe 5101). Consideration should be given to the DBQs I have submitted with my claim. They are sufficient for rating purposes, and they make C&Ps unnecessary.
    - VA cannot "develop to deny" a claim. Since I have already submitted a complete package of private evidence, any further development with C&Ps would violate VA policy: "Decision makers may not arbitrarily or capriciously refuse to assign weight to a claimant's evidence or develop with the purpose of obtaining evidence to justify a denial of the claim" (M21-1 V ji.3.B.1.a). This prohibition was emphasized in a law review article published by the BV A: "additional evidence should not be procured for the sole purpose of denying the veteran's claim" (1 Veterans L. Rev. 94 (2009)). Even CAVe has strongly affirmed this policy: "Because it would not be permissible for VA to undertake such additional development if a purpose was to obtain evidence against an appellant's case, VA must provide an adequate statement of reasons or bases for its decision to pursue further development where such development reasonably could be construed as
    obtaining additional evidence for that purpose" (Mariano v Principi, 17Vet. App. 312 (2003)).
     
     
  23. Like
    Rattler got a reaction from Vync in Earlier Effective date, waiting to be assigned to judge   
    They just low balled me on a EED going back to 1982 on two issues. I am going to file a CUE claim on them for not letting me wave any C & P Exams and not giving me a ratting on my right wrist. 
    As the VA (not any others) determined that my PTSD dated back to 1977 when I got out of service. They should have given me an EED at 70% dating to 1977. That will be my last battle with them.  
    I will win the current one first.
  24. Haha
    Rattler got a reaction from Vync in This is for Buck52   
    I know I am opening a can of worms hear but.... I think we should start the pissed off vets club. Maybe get Tbird to do a graphics of a veteran pissing on some VA letters.
    Ok I have gone against the rules Mod's ban me.
  25. Good One
    Rattler got a reaction from ArNG11 in Earlier Effective date, waiting to be assigned to judge   
    The VA can wave the one year rule after discharge if you can prove that through no fault of your own that you could not file. The fact is they the VA did not diagnose me until 2017. There have been plenty of cases decided because the VA failed to treat veterans and just denied a claim and find out latter that the veteran had something wrong with them that did not have a diagnose or name at the time. Agent Orange is a prime example of this.
    PTSD became a diagnosis in 1980 before that it was call by a lot of other names.
    An attorney would have to convince me as to how they would go about. I Have had a dumb ass congressmen's aids and an attorney tell me you can't do that.  "Yah I am that veteran that knows what I am doing and I think out of the box." They were wrong and I have the proof. What pisses me off is how many other veterans believed that BS and lost out.
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