Jump to content

ArNG11

Master Chief Petty Officer
  • Content Count

    1,533
  • Donations

    $0.00 
  • Joined

  • Last visited

  • Days Won

    15

Everything posted by ArNG11

  1. ArNG11

    Confused about how to qualify for SMC?

    Ouch meow.
  2. Reading and re reading my BVA decision and it's what should I say and call it,  perplexing at the least.  It seems that while private medical records and private evaluations, in my claims, while those records paint a higher disability picture, the only evaluations that are used for the rating of disabilities is the VA bogus C&P.s  What happened to evaluation of ALL evidence,  the higher of two or more evaluations, SMC S and so forth.     Irritated and disappointed to say the least.  Partial grant, partial denial, partial remand.   On the damn hamster wheel again.   WHISKEY TANGO FOXTROT!!!!

     

  3. WOW, sure puts this example in perspective.
  4. Buck, my friend, the VA professionals love to put those few steps of progress as giants leaps and bounds when it comes improvement. Not that I have to remind you or even state this fact, as I believe you and the rest of us fully understand this. " Marked and sustained improvement" For me in my opinion you never really get rid of the demons, however, you do learn to mitigate, deal, and at times keep them at bay, however, this is far from being "cured" or "sustained improvement". In my opinion learning to sometimes mitigate your symptoms is not being cured, I will argue that fact till my last day. If it helps great, keep going with the treatment, but be aware of the possible ramifications. You are past the 5 year mark if I am not mistaken, so VA games can't sever service connection or anything like that. I would keep going especially if it is providing some results. If and when the time comes, a proposal for reduction that is, then battle the issue when it arises. Remember " sustained improvement" there can still be off days, hopefully not, but VA docs can't guarantee that everything is all hunky dory. I can not recommend stopping treatment if the treatment is showing results, whether permanent or just temporary. The more tools you have to battle your condition the better you will be in the long run. That in my opinion is worth the hasel of possible VA shenanigans. But alas that is just my opinion. Silly some may say but worth pondering. P.S. The leaf for me has been helping more than not. But dosing is tricky. I understand that I don't use VA medical care and I live in a state now that it is legal. I still recommend a well rounded approach to dealing with your symptoms. If you are ever able to go that route please keep that in mind. Using everything in your arsenal to your advantage yields the best results.
  5. Irritated today as now I have a further wait for the BVA.  As it appears now,  my appeals have been remanded by the BVA.  Although I am certain, that I sent in a Waiver of Review when my claims were sent to the Board. I need specifics on what was reason for the remand, if anything was granted or denied and so forth.  So irritated.  I do however, take some comforts, in knowing that legally the Regional office goofed somehow, but alas, until I get specifics, back on the hamster wheel for me it seems.   RRRrrr.  

    In other news at least the weather is great here in Portland, and I have a nice size 16ft deep pool to go swimming in.    

  6. I agree Bronco. You should go over it with a fine tooth comb though. I found documents that were not provided to me from earlier FOIA requests. You can find necessary documents that will help you in your claims, catch omissions, alterations, and all sorts of discrepancies that can hinder your claims successes.
  7. Just do a Freedom of Information Request to the VA and ask that it be in electronic format. CD should be the norm now a days. I am not certain that the VA has made it permanent on requesting a whole claims file to be on disk, although it would save a lot of paper.
  8. other than fraud the cannot just severe service connection, especially with just one unfounded medical opinion. Also you have appeal windows to contest any proposal or any reduction that they try.
  9. They are paid by the VA to lie and de rail your claim.
  10. When will justice scream it's name. All this time I thought “WE” actually had a fair chance, that maybe, the law would correct and hold KBR ect., accountable for their part in the Gulf War illnesses. No such luck. The Court of Appeals in their grand wisdom affirmed and vacated the previous decision and the case will not be heard any longer. Still trying to get the details from the attorney but this is a bit heartbreaking. What the hell is wrong with the courts. Ten years in the appeals process and sadly it appears as justice will not be served this time. FUBAR ‘ed decision. It saddens me. At least Oregon is having a nice hot day and I was relaxed in the pool before reading the decision notification. I’m gonna take my medicinal meds and enjoy what I have. I will still stand by what I write, “fight, fight till your last breath”.
  11. Good to hear from you as well my friend. Um my VA claim is with the BVA Judge last time I checked. I don't think that this law suit is related to mine and is all together a different case.
  12. I still haven't received the information from the firm that represented me. The affirmed and vacated parts of the decision is what I am interested in. This is part of the correspondence that I received. I do not believe it is the same appeal. This is the case regarding KBR. Below is the statement I received from them.. We are disappointed to report that the Fourth Circuit Court of Appeals refuses to overturn Judge Titus' dismissal. A copy of the Order is attached. This likely marks the sad end of our ten year battle for all of you, as the Supreme Court is not required to hear the case, and likely will not. The only remaining battleground for justice is Congress, which hopefully will set things right. Your Burn Pit Litigation Team Susan Burke Burke PLLC Joe Rice Fred Baker James Ledlie Elizabeth Smith Kristen Hermiz Motley Rice LLC
  13. Love the trees and atmosphere in Oregon.  Been experimenting with alternative medicines and it is not easy to find the right cocktails to get pain relief and still be functional.  Slowly learning though different strains and intake methods.    Still trying to get recon and situational awareness out here though.  Short term memory is kicking my butt, but heh GPS and repetition, slowly getting there.

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

    1. Show previous comments  1 more
    2. ArNG11

      ArNG11

      Heh Buck sorry for the time in between.  It has taken me  a while to adjust and that is just to say that I can take the wife to work and barely with errors get home.

      The scenery is so beautiful, I love the colors, trees, and although this is raining season here the weather.  It so beats Oklahoma.  Other than family and familiarity I won't miss OK much. 

      Man I feel so how should we say "fish out of water " feeling. Definitely a change of pace.

    3. vetquest

      vetquest

      Lived in Portland for ten years and loved it.  The rainy season is January until December.

    4. ArNG11

      ArNG11

      yeah you were not kidding, but it has gotten better in the mid months

       

  15. 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.
  16. 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

      Buck52

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

      hope your claim is moving along?

    2. ArNG11

      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?

  17. I wanted to ask and receive input on the wording of my last form 9. Any suggestions or critiques would be greatly appreciated. "I disagree with the 02172016 decision.I disagree with the evaluation fo the neck injury as medical evidence of symptoms and severity are greater in degree than the 10% awarded. 20% would satisfy my appeal. I disagree with the effective date of the neck injury. The injury was sustained in service and was a result of the HMMV ejection that occurred in the line of duty. I contend the VA had the DUTY TO ASSIST me in developing and including the neck injury as part of my initial back claim 08/02/2012.I disagree with the Special Monthly Compensation.I am housebound, my service connected injuries prevent me from being substantially gainfully employed. While I can leave my home for medical care I cannot leave my home for substantial gainful employment.I also contend that my injuries are permanent in nature and are not likely to improve.I contend that this would qualify and classify me as totally and permanently disabled.I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might and could make in deciding this appeal.This includes all legal errors, all factual errors, failure to follow M21-1, all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR." I feel this is complete, however, I wanted some opinions on the wording if possible. Never give up. Slow is smooth and smooth is fast. Thanks in advance.
  18. 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.
  19. 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.
  20. 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.
  21. 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.
  22. 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.
  23. 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.
  24. 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.
×

Important Information

{terms] and Guidelines