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Rattler767

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Rattler767 last won the day on May 28 2020

Rattler767 had the most liked content!

About Rattler767

  • Birthday October 8

Profile Information

  • Military Rank
    E-2
  • Location
    Alabama
  • Interests
    Supporting Other Veterans in getting there VA Benefits without getting scammed. I am also interested in helping other Vets with PTSD due to MST get VA there Benefits and Discharge upgrades if they received a UTH

Previous Fields

  • Service Connected Disability
    PTSD
  • Branch of Service
    US Army
  • Hobby
    UAV Pilot

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  1. Lemuel There are two ways to get your VA medical records. 1. login to VA.gov and go to the records tab. you will have to figure out how to navigate it to down load what you want like clinic notes etc. you will have to know dates to do this. 2. You can go to the nearest VARMC they all have a place where you can go and they will print them out on the spot. I have done both.
  2. GB the advice to write a "Statement in support of your claim that talks about how it affects your daily life." Is good advice as I wasn't thinking along those lines. Also is submitting other evidence as there are 23 of letters that I haven't up loaded. Please look at this forum link it will explain more as both the C & P doc and the rater chose to ignore om of the listed evidence that has probative value. The same doc that made the Sworn Statement that has treated me from 2008 is also my Community Care Doc. My now third PTSD C & P Exam in 5 Mo.
  3. I have found out from 800 Betty that the VA is having problems with there mail system. So as an alternative they can Secure email it to you. (This doesn't work because of how screwed up the VA secure email is. I am an IT person with 28 years of experience trust me) or you can have the fax it to you. I have an online fax service (Fax Pluss) so that's what I did.
  4. I have two big issues. 1. I think the VA is shopping for a Doctor that will write the C & P Exam in there favor. They sent me for a C & P Exam for PTSD to determine if I was insane at the time of my discharge on June 24, 2021 by a PHD M. His C & P Exam was the one who opened the door for full benefits. (See Link Below) They wanted to send me for another C & P Exam for PTSD to update his opinion and determine if I was Unemployable. I requested the same PHD M. He said I had PTSD and was Unemployable. So I get a phone call Monday waiting to do another C & P Exam to determine if I have PTSD. this is now the third PTSD Exam between June 24, 2021 and now. They try through LHI (the worst of VA contract services) to send me to another PHD other than Doc M. Than I get a notice that they have yesterday that LHI has scheduled a C & P Exam for November 15, 2021 a 120 miles away. I call them up and canceled it as I had talked to someone the day before and told them NOT TO scheduled one unless they could do it unless they could send me to PHD M. I also reamed them a new xxxxxxx because this is the second time LHI has tried to send me to someone with out talking to me first. (PHD M does not do LHI and I know this at the time) I call 800 Betty nd told them wat happened and told them that I would see PHD M but they would have to schedule it with VES or QTC. So has anyone heard of them doing this????? Shopping for Doc's so they get the C & P Exam they want? 2. They sent me for a C & P Exam for my Knees (Right and secondary Left) And Both hip's secondary to right knee on October 7, 2021 by QTC. Because they tried to send me to a NP I demanded they send me to a MD because it was a complex Orthopedics evaluation. It was 110 miles away in Atlanta GA I live in Alabama. So when I get there I give them medical evidence form my Community Care doctor (who has been my treating Orthopedics surgeon from 2008) showing I need knee replacement for the last 4 years plus my limitations. (See Sworn Statement in the UTH Discharge granted "honorable for VA purposes." after 40 years. below) On October 20, 2021 the VA rated me at 10% for arthritis for the right knee deferring all other issues. ( See Attached decision) This was based on the above C & P Exam. The doctor as always never read the medical evidence in the file and neither did the rater. I find out yesterday from 800 Betty the the VA requested on October 18, 2021 an Independent Medical Opinion (From God knows who) regarding the deferred other issues. The report was due October 20, 2021 but the VA had not received it yet. I have never heard of an Independent Medical Opinion here the veteran didn't have to attend. Has anyone else? Rdacted Letter Rating Decision 10-18-21 Knee 10%.pdf Rdacted Rating Decision 10-18-21 Knee 10%.pdf
  5. GB you junks me..... I went for a C & P on October 7th. Had to drive 110 miles one way because I made the send me to a real doctor. They made me wait 2 hrs. for an 11:00 AM appointment. The the bitch low balls the ratting does not look at anything in my folder did not look at the evidence I presented at the appointment. So they gave me 10% on my knees that have disabled me from 2008 VIA workers Comp and SSDI. Yup GB its all your fault. (NOT)
  6. I think the VA is shopping for a Doctor that will write the C & P Exam in there favor. They sent me for a C & P Exam for PTSD to determine if I was insane at the time of my discharge on June 24, 2021 by a PHD M. His C & P Exam was the one who opened the door for full benefits. (See Link Below) They wanted to send me for another & P Exam for PTSD to update his opinion and determine if I was Unemployable. I requested the same PHD M. He said I had PTSD and was Unemployable. So I get a phone call Monday waiting to do another C & P Exam to determine if I have PTSD. So has anyone heard of them doing this????? I am kind of putting off this one to see if they will send me back to the same PHD.
  7. 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.
  8. To be honest broncovet anyone who is trying to sell you bitcoin is trying to scam you. NFT's as they are called is you buying say Mona Lisa painting without having physicals position of it. Its all digital like bitcoin. bitcoin is stored on a computer (Or usb drive) it work the same way with digital NFT's. (I guess the 28 years as an IT person didn't go to waste) When I went to the links above it setoff me add blocker.
  9. As I just won my PTSD/MST case after 43+ years the difference is I had to over come a bad discharge. I think you are confused on a few issues. Please see the link below. 1. MDD and PTSD are what you have been diagnosed with. MST is not a diagnosis it is what happened to you. 2. I disagree with other hear. Because you have received "new and material evidence" I would file an supplemental claim due to "new and material evidence" and ask them to review you PTSD claim. (not MST) form 20-0995 3. The OIG report you keep referring to is of no help to you other than for information. It is not binding on you case with the VA. 4. given the complexity of your claim I would not use a VSO I would find a good attorney. Others hear can recommend you to ones they have used. I read BVA and discharge review decisions. I saw one similar to what you have described hear at one of the discharge review sights. So the question is did you apply for an upgrade? If so the date of the hearing would be helpful as some of the issues would be the same and could be used in your VA case. I am not questioning you statement of what happened to you. A lot of people have the same dates as a lot of people went through it at different times.
  10. Berta To clarify a few issues regarding the vet above. 1. Also did VA Voc Rehab ever turn you down or stop your VOC rehab program because your SC's interfered with your ability to continue VOC Rehab- that too is evidence for TDIU or 100% ANSER: No I never went to VA Voc Rehab. The Redacted Vocational Report above was done for my worker comp attorney. Because it was done at the same time as my SSDI application it was used in it. 2. I Beleave that I am in the same position as you husband in that because of the error in my character of discharge was fixed after I received SSDI and became unemployable they will have to pay back until the date I became unemployable (2009) I am going to wait until after the Sept 30, 2021 C & P Exam to decided what CUE claims I should file. I am attaching the below documents from the veteran I represented that went from 30% to 70% and 100% unemployable. PLEASE NOTE THE BELOW FILES ARE NOT ASSOIATED WITH MY CLAIN BUT TO SHOW HOW THE ABOVE AWARE LOOK LIKE. Not Rattlers Award Letter 2-1-18.pdf Not Rattlers Decision Letter 1-29-18.pdf
  11. So last weekend I received a notice for another C & P Exam by the same PHD that did the exam that got my charter of discharge changed. I called 800 Betty and ask what is the C& P for? All they could tell me was it might be for Dysthymic disorder as the VA in its confusion so how thinks someone has diagnosed me with it. As I have a good working relationship with this PHD from the last C & P I called them and ask what it was for because he just did a C & P on June 24, 2021. They called back yesterday and said it was to determine if I was Unemployable. Well that's a game changer. The new claim I filed for my knees and hips. When I became disabled in 2008 it was due to my knee's, hips, and back. (see SS doc's attached on first page) The orthopedic surgeon who is treating me did a statement (attached below) supporting my claim for knee's and hip's. At the same time as I filed my claim for knee's and hip's I filed an report by a PHD that stated I was unemployable. (also attached) I know its common knowledge that the VA usually uses the date you filed as the date for back pay. But there is some rulings that require the to go back to the date you become unemployable. In my case it would be 2008 or 2009. In 2017 to 2018 I represented another veteran that was trying to in crease his PTSD ratting from 30% to an unknown (at the time) higher ratting. We were successful in bringing his from 30% to 70 % and 100% unemployable with an effective date of 2013 the date he became unemployable via social security. Redacted Functional Capacity Report Wailliam A. Crunk, PhD, CRC 8-9-09.pdf Rdacted Sworn_Dec_DR_Michael A Weidmer.pdf
  12. Berta I agree with you and GB that it probity needs better eyes than mine on it. I guess I am probably going to call some attorneys other then a person GB suggested because I do not have any use for VSO's (See brokensoldier244th post of my PM to Buck52 below. I will try to answer some of you questions below. I filed a Supplemental claim Because they did not do a ratting decision on the June 24, 2021 C & P Exam (see Attached) Is the Award letter of July 30.2021 the last correspondence you received from the VA? See the Decision Review Officer 7-1-21 doc. I called the WH hotline today and got a number where they are checking into it. Does the VA have your bank account number? Yes What is the date of the first claim you ever filed with the VA? I filed for a claim for my right shoulder and right wrist on 6-16-81 it was denied because of the charter of discharge. They never did any development on it just denied it. Basically it and an education application was the ones who started it all. I also filed an FIOA request for the C & P Exam on June 24, 2021. I used the VA's new form. I probably should have used the letters I have as they put a more restive time frame on the VA. I received one of those "secure" emails today that I can't open because the software on my PC is up to date. (I am a retired IT person)(the software won't work because one of the requirements is they use on older version of NET FRAMEWORK than the current one that Microsoft uses.) I will call them tomorrow an have them fax it to me. Thank Rattler SUPPLEMENTAL CLAIM-PTSD-MST-Filed 8-16-21 FAX-Redacted.pdf FIOA Request C & P Exam of 6-24-21 filed 7-14-21 Redacted.pdf
  13. There is a Class Action Settlement in UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT. (11-17-20) What this settlement does is require the ADRB to upgrade some cases with PTSD, MST, TBI, with UTH and GEN discharges from 2001 to 2020 it is a must read for Afghanistan and Iraq Vets. https://arba.army.pentagon.mil/documents/Kennedy Stipulation and Agreement of Settlement.pdf 185947567_KennedyStipulationandAgreementofSettlement.pdf
  14. Ok so I get this letter (attached hear) that pre-dated the other decision letters. (7-27-21) So I am interested in what some of you think about it. I am wondering if there are some CUE errors in all of it. QUE #1 from what I know the following statement. "The Veteran's discharge from the United States Army for the service period of July 27, 1976 to July 21,1977 is not a bar to the award of VA benefits. 38 U.S.C. § 5303(b); 38 C.F.R. §§ 3.12(b)." Means that I am eligible for all the benefits. Not just Chapter 17 service connected health care as stated below. "You are entitled to health care benefits under Chapter 17, Title 38 U.S.C. and 38 CFR 3.360(a) for any disability determined to be service - connected for active service from July 27, 1976 to July 21,1977" You only get benefits under Chapter 17, Title 38 U.S.C. and 38 CFR 3.360(a) for any disability determined to be service - connected if you have a UTH discharge the the VA considered to be dishonorable. (I spent 40 years getting screw that way.) They keep stating. "In this case, you were declared insane at the time in question. (38 CFR 3.354) Following review of the evidence of record, showed sufficient reason why the bars to benefits imposed under 38 CFR 3.12 should be set aside in your favor. In the absence of any additional evidence, it is therefore determined that your discharge from the period of service from July 27, 1976 to July 21,1977, was under honorable conditions for the purpose of eligibility for VA benefits and is therefore not considered a bar to benefits under 38 CFR 3.12(b") "You are eligible for health care benefits only for medical conditions found to be service-connected under the provisions of Chapter 17, Title 38 U.S.C. for this period of service." This has got to be a QUE error. The fact that the VA has failed to rated me for any kind of menial heath issue makes me think the VA is trying not to rate me or lowball the ratting. In the "Decision Review Officer Decision 7-1-21" they state. "Base on review of the evidence, the history provided and examination findings; the examiner determined it is at least as likely as not (50% or greater probability) that the appellant was insane, per the aforementioned VA regulation, at the time he committed the offense leading to his discharge from service, absence without leave (AWOL) from March 31, 1977, to June 21, 1977." My experience helping other Vets upgrade the % ratting in VA speak (50% or greater probability) means 70%. The two questions I have are. 1. Is the VA trying not to rate me because of the type of discharge. 2. I have read somewhere else in the forums where people think because some of the claims like mine that go back some time the VA is doing stuff like this to try and not pay the 3 years of back pay RattlerLtr ADMINISTRATIVE DECISION CARTER OF DISCHARGE 7-27-21 REDACTED.pdf
  15. You all did a grate job in answering the question. I knew the answer before I posted it (70+60+40= Extra Shoulder Basic Rule) but I thought it would be a good thread for others to get info from. I am going to out this out there some of you might have read about the win I had after 40 year fight with the VA for benefits https://community.hadit.com/topic/85793-uth-discharge-granted-honorable-for-va-purposes-after-40-years/page/2/?tab=comments#comment-511670 And this may need to go into the C & P Exam thread. The VA failed to rate me for the PTSD that qualified me for benefits. So I put a 20-0995 Supplemental claim form on August 16, 2021 to have them relook at the ordinal claim filed in 2018. In the form I said "PTSD" and lay it out with Exhibits so they don't get lost. They did a C & P Exam on June 24 2021 for the PTSD that they used in the decision above. So when I go to va.gov to check on things it says the claim is for "Issue on review: Dysthymic disorder and 1 other." Now I never have been denoised with "Dysthymic disorder" in both of the C & P Exams. So the Question is should I file a que notice that they are screwing up? 1 800 betty told me they are spose to send me for another C & P Exam. The question is why? They just did one on June 24, 2021 for PTSD. The second one is I filed a new claim for knees and hips on August 17, 2021. Boom the VA jumps out there and sets up a C & P Exam for 8-27-21 with a company I've never heard of, LHI Communications for a C & P Exam. So its like pulling teeth to get anything out of them. So when I call in to inquire who is doing the exam I am told is a NP . So I tell them a NP is not qualified to do a complex orthopedics C & P Exam and I want it done by an MD. They say they only have NP's. So I call 1-800 betty and tell them because its Orthopedics I wand am MD to do it. They said they will scheduled one with the VA Hospital with a MD. So Question No 1 is has anyone heard of LHI Communications? They do not have it together as they tell me they only have NP to do Exams Question No 2 Did I screwup when i Ask the C & P Exam be done by a MD. And canceled the one for tomorrow? I talked to a Prier support person I know well he said the VA might try and combined the two claims in to one. I have heard them doing this with two new claims but never with a Supplemental claim with a new claim. Anyone heard of this?
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