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Ricky

Master Chief Petty Officer
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Everything posted by Ricky

  1. The post is kinda confusing. You are asking about a Form 9 (formal appeal) and then you start talking about a NOD. IF you have filed a form 9, a Formal Appeal all you have to do is submit you additional evidence along with a cover page that you type up in WORD or any other document producing program. The cover page should clearly indicate that you are filing/supplying additional evidence in support of your Formal Appeal, Form 9 that was dated on xxxxx date. If you have not received a letter from the VA indicating that your file has been forwarded to the BVA then send the evidence to your supporting RO. If you have received notice that the file has been transferred to the BVA, then send the evidence to the BVA. If you do not want the BVA to send the file back to the RO so they can review the additional evidence make sure you include a statement in the cover letter that you waive your right to have the evidence evaluated by the AOJ (your RO) and desire that the BVA consider the evidence during their review of your file. Make sure that if you use addition sheets you place a header at the top of each page stating notice of disagreement continued, page xxx, dated xxxxxx, veterans name xxxx, va file number or ssan The same goes even if you are in the NOD stage. If you have a NOD pending just send in the evidence with a cover page stating that it is additional evidence in support of your NOD dated XXXXXXx. Now if you are talking about just starting your appeal with a NOD process you can use the Statement in Support of a Veterans Claim form or you can just simply start typing on plain paper making sure that you clearly state at the begining of the letter THIS IS A NOTICE OF DISAGREEMENT TO VA'S DECISION BASED UPON THE STATEMENT OF THE CASE DATED XXXXX then type out your reasons for disagreement making sure you attach any and all additional evidence to the letter. Now if you are talking about a formal appeal you are begining you must use the Form 9 but you can also attach additional sheets to it that are typed on blank paper. Make sure that if you use addition sheets you place a header at the top of each page stating notice of formal appeal continued, page xxx, dated xxxxxx, veterans name xxxx, va file number or ssan. I think this is what you were asking and I hope it helps. If I misunderstood please forgive me as I am just a crazy old vet hahahahaha.
  2. going to the rating board simply means the development team feels they have collected enough evidence so a rater can make a decision. At this point your claim goes to the bottom of the stack of the ones that is already on the desk of the rater it has been assigned to. He/she could already have 50 claims assigned or 500 claims assigned to them. Then when he/she finally gets to your claim they may feel that an exam is needed or some other piece of medical evidence at which point it goes back into the development team..... so on, so on, so on......... There is no way to really tell as it could be 1 month (if you just recently had an exam) or it could be 12 months. There is nothing you can do except insure your claim is as complete at possible when you submit it. Then just forget about it for a while and enjoy yourself with some reading, fishing or fussing with the SO. If you choose the latter of the activities always make sure you win or they may throw you out of the house hahahahhahaha!
  3. If you are looking for straight numbers the medical community considers a condition to be chronic if it has lasted for 3 months or more. The VA normally considers it chronic if it has lasted for 6 months or more. If you file a claim for a condition which was diagnosed as "chronic" in the military 5 years after you get out then you are going to have to show continuity of the symptoms then supply a medical opinion that the continuity of symptoms are more than likely caused by the chronic condition that began in service.
  4. Teac is correct. It will be very unlikely that you will qualify with only the loss of use of one extremity. Normally if you qualify they will include your general qualification in the rating letter you receive granting the 100 percent rating and the loss of use.
  5. I see no speed added to the claims process by this change. Exams are not the problem with the backlog as most only take a few seconds to complete anyway. Even if it helps you get an exam a month earlier it still takes the normal processing time at the RO. Things that make one go Hmmmm.......
  6. Ricky

    [[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] Denied For Higher Level Of Aa

    Dolphin - What I am saying is that the medical evidence must show that without the required daily care your only other option is a nursing home etc..... If you treating VA Doc thinks that your condition is at the point that without the proper in home daily care from a licsened medical professional your only option is to be placed in a nursing home or other assisted facility then he should put that in your medical records. Such a piece of evidence would support your claim during a NOD. However, I do not think they would award a R2 level only on his word. They would still more than likely have you examined again for an opinion just as they did during your last C&P. Yes it is the intent of the VA to have a vet live at home and be as productive as he/she can be. Although it is a govermental system and comes with all of the red tape of a government system that we must wade through it is still the best damn disability system in the world. You can be declaried 10-100 percent disabled and still work and make a million dollars (schedular). You can be declared 60 percent disabled and still be awarded 100 percent and receive payment for 100 percent! It will send you kids to college, you wife to college. etc...etc.... Hang in there and good luck with your claim. Listen to the much wiser than I on this board and simply gather the best medical evidence you can to support your claim.
  7. Ricky

    [[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] Ed

    I think James was asking if other PTSD drugs were an option. Maybe ones that would not cause ED. Just a guess since I can not read James' mind or his key board. Sorry Test I misread your post. I tried to delete this post but it said I was not authorized to conduct that function. Funny but my loved one says that to me a lot these days hahahahhaha.
  8. Ricky

    [[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] Denied For Higher Level Of Aa

    What they are telling you is that since you do not qualify for m,n or o then you can not make it to R. In order to get to R2 (based upon your listed disabilities) you are going to have to get a VA doc or a contract doc to say that unless you are placed in a nursing home or other assisted living situation you can not live at your house because you have to have DAILY CARE FROM A LICENSED HEALTH CARE PROFESSIONAL. Not trying to be a smart butt or anything but you can say that you need daily care all you want to but unless a VA doc says it you are not going to get an R2 rating. I know that money is tight but it would help if you would hire someone (a licensed health care person) to do medical things such as give you your shots and medicine along with some one to conduct your daily living activities - house cleaning, bathing etc....... Then the licensed provider could provide her/his opinion on whether you would have to be placed in a home or not if it were not for their daily care. You could then provide this to the VA doc doing the exam on you. Berta is right on the money when she told you to appeal the decision!!!!!!!!! Do it now and then work on getting your living situation in order. I understand your situation but the VA assumes that unless it is qualified medical supervised assistance needed or you will have to be placed in a nursing home then there are voluntary organizations that can offer limited self help services with things such as shopping, cooking, bathing etc........ Are you on medicare or some type of medicaid? If so a treating doc (civilian type) can assist you in applying for and getting limited in home medical care which will include limited daily living type services. I know you say you need full time help but this would be a start. This is just my honest opinion and understanding of how you get to the SMC you are seeking. I am no expert but once again based upon your listed disabilities you best shot is R2. And to get there you are going to have to have the required opinion from a VA doc. I have not been around for a while but there is a vet sixthcents who I hope still reads this board. He is very, very sick and disabled but he is an expert when it comes to R SMC's. If he sees your post and is able to he will more than likely chime in.
  9. Ricky

    [[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] Cue

    Jabo - how do you know info from another file was use to deny your claim?
  10. A Dro review with a personal hearing is worth a million words. So far I have never run into one that is not kind, caring and interested in what your argument is. However, if you are not comfortable with dealing with the rules and regulations of the VA then as suggested you should get a VSO to help you with your appeal.
  11. Testvet Hamesters nothing! That thing must have a pot belly pig in it. Although stoked with xanax, cymbalta and oxy my mind is still spinning!!! I go 18 more just now. Any way to turn it off?
  12. Not the appropriate forum but it will get the most attention. I received over 300 emails today from hadit saying I had personal messages. I deleted all of them but now my Hadit page says I have 52 new ones. I know you guys love me and missed me alot hahahahaha did we get hit with a virus or something? Ricky
  13. Yep they can sometimes be pricky on this issue. I wear a ankle/leg brace and rated loss of use. They sent me a letter wanting me to come in so they could see the brace along with bring in clothing that had been damaged by the brace. I started to send in my old shoes which stunk to high heaven, wear a pair of socks for about a month and a pair of un-washed pants that I had modified with velcro (seams split so they would fit over the brace). However, the wife stopped me cause she said they would think that I was crazy. It's a little bit of a hump to the clinic/hospital and I do not travel very well so I just forgot about it. However, if you not as peed as I was do a stated below and explain the required two different sizes of shoes along with how the brace damages your socks and pants (if it does harm the pants) and they might just rollover on the claim.
  14. There is no CUE. According to your medical records there will be no rating for depression either as those with a personality disorder often have bouts of depression. The only way you will be able to go back to an original filed claim (which I think does not exists due to your statement) would be an IMO indicating that the original diagnosis was wrong. If you now have a claim in which you have pain and it affects your daily living then aggravation of your depression may allow you to file a new claim in the depression arena. jmho unless I missed something somewhere. As others stated below it is hard to beat an original diagnosis of a PD.
  15. If you need the AB accident records pronto make an appointment at the RO to review your records. If it is there they will normally copy a few pages for you on the spot. However, to get a complete copy of your C-File you will have to request it and it will take a few weeks to a few months. Just depends on the work load at the RO.
  16. Larry, you always got sumpthin for someone - it is always a good sumpthin. Some may not like it but hey you can't please em all all the time. Ricky
  17. Thank all of you. I am ok due to my family, both here at home and here at hadit. Many hadit members such as carlie etc.... (to many to name as it may eat up all of the bandwidth)helped me along prior to my moms death. It is nice to have such caring people even though we may have only met through a key board. Each and everyone of you are a God send to all. I am glad to be back and be able to throw in my humor, opinions, and sometimes advice to the postings. Ricky PS Tbird - the new look and feel of the board made me a bit crazy. I had to look at it for several hours before I could touch the key board, however, it is outstanding. Thanks for the excellent work, time and effort you put into this board.
  18. I think they should send out letters that can be completed by treating Docs. If you have a doc who has treated you for the last 5 years on a routine basis they should simply ask if you condition has improved, become static or worsened. If in his judgement then C&P is in order if static or worse then no C&P and life goes on. Think of the money they could save on exams and manhours at the RO. If you have no treating doc (i do not see why anyone would not if they have a disability) then C&P. This would stream line the process. Because if you are seeing a specialist every month, every three or six months for the claimed condition then why spend the money on an exam and complete review by a RO rater?
  19. VA does not means test disabled vets. 100 percenters can even work as long as the 100 percent rating is not based on TDIU or 100 percent for mental issues. Seams as though they are attempting to insure that you are getting paid properly based upon your dependents. Just my opinion but I would give them a call and ask what the heck is going on.
  20. I have loss of use due to a stroke and Dejerine-Roussy syndrome. My neuro wrote that the stroke caused the Dejerine Roussy Sydrome which caused the loss propositional sense which requires the use of a leg brace in order to ambulate and maintain balance. That along with the fact that I can not use the left hand (it remains folded into a fist) due to the same reason was ingored the first time around. I went back and asked for loss of use rating based upon the opinion of my treating neuro. They came back and awarded loss of use and then due to loss of use they awarded SAH and Auto grant. They did do a C&P but it was a simple one where they stuck me a few times in the foot and hand and let me go. I agree with James poor training or lazy. Since it was a Gen Prac Doc that made the statement they should have conducted an exam and asked for a loss of use opinion. Follow his advice and you should be ok.
  21. Sorry to have been gone so long. Mom passed in late Jan this year and then Dad passed in Mid April so its been a rough start this year. I am the only child so I have have been tied up quite a bit.
  22. I want to thank the many, many wonderful friends that I have here on Hadit. You have made this very sad time in my life much easier to accept. From me and my family thank you and God bless you. My mom would also say thank you from her heart. Many times, before she became really sick, she would walk into the computer room to check on me for it would be 2 or 3 AM (you guys know ole night owl me hahaha). She would ask what I was doing and I told her I was talking with my friends. Many nights she would sit with me and read the Hadit posts with me. She could not understand why the VA would do some of the things they do to such wonderful, dedicated, patriots of this country. Although she did not understand much about the VA system she did understand the personal hurt that we each go through as we navigate the system to simply receive what we have earned. As she would leave the room she would say "I am glad you have such wonderful friends and I am going to go and pray for them". Once again I thank you and may God bless each and every one of you. Ricky
  23. I have not been around much during the last few months. This was due to my mom being diagnosed with small cell lung cancer last Apr. She fought with it until approx 2 AM this morning at which time she passed away. I want to thank all of my Hadit friends for keeping me sane during this time as no matter what kind of day we had with her just a peek at the Hadit site reminded me that when she passed I was still loved by my wife and family and all of my Hadit family. Thank each and ever one of you that brought a smile to my face during these trying times. I should be back in a couple to three weeks. Ricky
  24. The admin side of the VA is slow and swamped. It will take a few days for the letter to filter through the post decision process and be signed. No tricks or anything like that - just a bit slow.
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