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Master Chief Petty Officer
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ArNG11 last won the day on August 28 2017

ArNG11 had the most liked content!

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About ArNG11

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    E-9 Master Chief Petty Officer

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    Law. Self improvement. Self preservation. Pursuing a stable peace of mind or at least trying. Trying, being the key word. RC Aircraft

Previous Fields

  • Service Connected Disability
  • Branch of Service
  • Hobby
    RC Aircraft, Reading, and enjoying the years after retiring. Day by day

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  1. Change of scenery for me,  moved to Oregon and taking in the beautiful landscapes.  

    1. Buck52


      Hey Mr A hope all is going well for ya buddy

      how's your claims been going?

       I bet It's a big change going from an Okie to an Ogainianan ..but it is beautiful country,  use  to all Hay out in Bend Or Bout 47 years ago I'd just got back from Nam went to work Working for Rancher Ray Tucker..his daughter got sweet on me and fired me   lol..one thing I do remember is out there hauling hay on a flat bed semi truck trailer sweating and get a tan  and looking out at the snow on the Mountains in Mid Aug and driving around in a pick-up truck at high altitudes praying the Brakes didn't get to hot going back down

  2. Bronco you always make things simple. I really enjoy that about you. Wayne I with the guys, make haste, file for the TDIU, it makes a huge difference not just monetarily. New doors to different benefits can and may apply.
  3. Happy Belated New Years to everyone.  Sorry a bit behind the curve these days.  Have a prosperous new year and may your VA battles be swift and victorious.

    1. Buck52


      How you been Mr A   good to see you on hadit .

      hope your claim is moving along?

    2. ArNG11


      I haven't been too great mentally but hanging in there otherwise.  Things with my claims should be good although I believe I might have screwed the pooch on one the timelines for my last Form 9.  The VA took over a year to provide me a copy of the last decision a year a go.  I did send in the NOD and I did send in a Form 9 however. I didn't know the date of the last effective decision so I wrote one up stating that I was contesting the last decision.  

      It boils down to the effective date of my neck claim.  It should have the same effective date as my back since SMR's and the LOD for the back and the LOD for neck were all in my records in the hands of the VA at the time of my initial claim. Then the rest of my contentions I've rested on the medical evidence and independent medical opinions.

      It looks like I may have 3 separate dockets dates but I am still not for certain on that since I can't get a complete answer from the VA via IRIS or helpline.

      I've received the 90 day letter from the BVA for evidence before the Board issues a decision in my appeal. So everything is moving smoothly to my knowledge.

      Keeping this all together is so taxing.  DOL, Social Security , OPM retirement, and Veterans benefits.   In all these years, and mind you, I haven't been at it as much as most on here on had it,  with my conditions, specifically the mental, which relies heavily on for recollection of events in my claims, I'm screwed.  Most days I can't tell you what day of the week it is, or what I had for breakfast that day,  if I remember at all, it is only after some big hints and recaps from my family that I can piece together whats going on.  Which lends to even more problems for  an already paranoid person, it sucks.  But I try to get by, try being the operative word.

      In any case didn't mean to write a novel.  I was just excited to hear from folks I consider friends on here.How have things been on your front?

  4. Good points. I agree with Duty to Assist failure's eventually leading up to CUE's, however, if it can be brought up in a manner not CUE you have more regulations on your side to aid in your claim. I will be curious to research the regs back in the seventies. So curious is your decision both for tinnitus and hearing loss? Those can be rated separately if I am not mistaken. I would advocate for an NOD/Form 9 over a CUE, however, there are points in time where CUE might be your only alternative. Thanks for the insight.
  5. Holy crap, yeah that would be time and money, if the VA doc wouldn't write a counter opinion. I really do need to really measure if all this is worth the time and aggravation. Frankly Im tired and get carried away when angry and emotional. This whole ordeals just burns me up every time there are road blocks and traps along the road to victory.
  6. Good point seminoles. Insight is greatly appreciated. I don't worry too much than I should on VA's medical opinion's as I can easily counter with contemporary records, however, I do see your point. It is a very good one. If the bozos don't ignore my private medical records like they have done countless times, I might be forced to get an IMO to counter if my medical records alone do not succeed.
  7. All the same, after that convoluted mess from above, I do wish you and yours and the rest of the folks a Happy and Safe Thanksgiving.
  8. Thanks Gastone, I do appreciate your input. My mind goes off in a frantic state to prove my point. I get easily frustrated and confused. In looking at previous posts, plus the references to the CFR, I believe I seriously misspoke. But what done is done. I filed, my arguments get shot down, I loose, then I only have myself to blame. My belief was that I was not going to use the mental rating for the IU, however, although I have a 70% now, does not mean it will hold for 20 years or even 5 years to be honest. Im basing some of my beliefs in that I can attain what I'm after. The 60% for my back is what I am going for, however, the left and right leg nerves, I am seeking the 40% on left and 10% on right, also along with that I am seeking the service connection for both bilateral hips, both at least 20% give or take, each due to the torn labriums. Then at least a 20% on the C spine. IVDS/L1 at 60% Left nerve 40% Right nerve 10% Left hip 40% Right hip 10% C spine 20% GERD/IBS 30% Hypothyroid 30% Left knee 20% Right knee 20% The serious gambles are service connection for apnea at 50% which may not fall through. Both bilateral hips are somewhat of a gamble as well. Even with two IMO/IME's Seeking service connection for the neck, back , (left hip) * (right)* hips, left nerve, right nerve from the HMMV accident Is my ultimate goal. The hips are what I lack to get service connected. The combined rating on all those items would gather 90% (89.632 %) according to disability calculator divided by 5 disabilities. If I am successful on the right hip then the combined rating would be divided by 6 disabilities .(90.6688%) The mental and back ratings are the ones if I am forced to pick the disability that renders me IU. The back is my safest bet to get there. IVDS caps at 60% and then secondaries . I am trying not to use the mental ratings as the IU qualifier. However, I am not going to pick between the two if I don't have to. But if I must I would try to use the back then fall back on mental rating. This is why I stated I am taking a gamble. Of course my paranoia and reading too much into things might be distorting my reading of the regulations. Not too forget K.I.S.S (keeping it simple stupid). but I think I really already screwed that one pretty much.
  9. You bring up a good point with meeting the 5 year cut and I am aware of this. Depending where I fall on the docket will determine what I need to watch out for. I am putting a bit too much faith in the safety net of service connection most likely. Again I am relying on protection of the service connection. I am relying on my contemporary treatment records to counter a reduction proposal. Sustained and marked improvement with medical records and evidence is needed for a reduction proposal to stick. I do believe it is necessary to point out that yes I am opening myself to attack with reductions ,however, I feel confident with the private medical records to counter.
  10. I appreciate it Buck, I wanted to put it out there for criticism so I appreciate any constructive critiques. I am pursuing these claims as I understand which benefits are applicable to my circumstances.
  11. Roger that Buck. definitely don't want to the "I" thing and pass it off as medical opinion. A big copy on the according to the "CFR...."
  12. You are absolutely correct. Depending when my claim is in front of the Judge will greatly determine the VA next move. I not only agree but am absolutely counting on the VA trying to reduce one, some of all my ratings. That's where the SS doctors opinions, my private providers opinions, vocational specialists, the Judge's Social Security decision will come into play. While they must not abide by those decisions the favorable evidence to my claims cannot be ignored. At least that is my plan. I also have medical experts opinions that the fusion surgeries for my neck and back may not help but actually worsen those conditions. It is a big gamble on my part. I do not recommend this course of action nor can I even advocate for any it. This is just me and specifically to my circumstances and state of mind. I believe I want to state very clearly, that I would not recommend going head to head with the VA unless you have medical experts testimony and plenty of medical evidence not only corroborating your contentions but absolutely confirming them. My emotions and ego may be the end of me, but, I haven't lied or broken any regulations and laws, I'm out to prove that the Veterans Administration has. Also when VA docs do and will opine that my conditions have improved, that alone cannot be used for the purposes of reducing my ratings, sustained and marked improvement, may I add, not only from just one source (only VA hired docs). In any case I am glad you and others bring these pointers and facts out. A claimant has to be aware of how dirty the VA will get and how to fight against those attempts to belittle your claims.
  13. Roger that Buck. The wording is what I am most concerned with writing it up.
  14. Let me get back with you on that. I'll look up the exact wording on the decision. No VA A&A or Housebound application was included, completed or filed. No on the awarding of P&T. They did not state that in the award letter, I am not considered permanent since they listed a C&P at the 4 year mark. One of my IMO's does contend the permanent nature of the back and neck, however, not all service connected injuries were listed. I contended that the nature of all service connected injuries are not likely to improve.
  15. Thanks for the reference. I looked at that one. Definitely using in my counter argument.

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