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ArNG11

Master Chief Petty Officer
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Posts posted by ArNG11

  1. Haven’t checked in a while.  But still here. Still fighting.  Wishing every one good health and best wishes in life and their war with the VA.  Have a good month folks.

    • Like 1
  2. Haven't posted in a while, but I am still here fighting.  Hope everyone has good, healthy, victorious month.  Stay in the fight! Never give up! Not with hand cuffs on or vices on your lips, keep strong and keep fighting.

    • Like 1
  3. On 7/28/2018 at 6:26 AM, broncovet said:

    There are 4 things you need to know to file a Writ.  Simple, right?  If you get these 4, you can begin your Writ.  Without them, it will never happen.    I will tell a story of how I learned "the Big 4".  

    Years ago, I had a friend in the Navy.  He and I both played chess, and I marveled at him when I learned he could play chess blindfolded.  He said he would teach me to play chess blindfolded.  I responded,

    "Im not smart enough to play chess blindfold.  How do you remember where all the pieces are?"

    He responded, "In due time, in due time". 

    Many months later, my very trusted friend asked me.

    "Do you trust me?"

    I responed, "Gee, Neil, why do you ask.  I trust you with my life."

    He said, "I need you to do what I ask, and dont question why."  

    Ok.  

    He said, "For a moment, dont worry about "whether or not" you can play, blindfold chess, just focus on where the pieces are on the board.   Can you picture the chess pieces, in your mind, set up and ready to play?

    "Sure, that's easy."  

    "Now, take the pawn in front of the king, and push it forward 2 squares like you always do in our games.  Can you see that in your mind?"  

    "Yes."

    Congratulations, you are now playing blindfold chess.

          Once you put out of your mind the reasons why you can not do something, and focus on doing it, you are almost there.

         Ditto for a writ of mandamus.  Now, for the "Big 4" I promised:

    Here they are:  (Drum roll......)

    1.  You

    2.  Can

    3.  Do

    4.  It.  

    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.  

     

    • Like 1
  5. 14 hours ago, Flyfishingnut said:

    I to have had a reduction.  Went for a C&P, and came out with a reduction on something entirely different, on a different part of my body.  I wrote to the Regional office (San Diego), and asked how this could be, and explain the situation.  My question to them was, it took 2 1/2 year to finally get a Disability Rating, and 15 min, to get a denial, and to top it off a reduction on another Disability.  The Dr. stood in the corner and had me sit down and he asked questions, sorry, he touch my left foot with a pin for I guess a Diabetes test. Surprisingly the Regional office replied less than a week later and set me up for another exam.  My question is with all the monies spent by the VA, for Drs, equipment, why are they farming C&P/QTCs out to other private vendors.  They could keep the money in-house and have the Vet, seen by VA Dr.  STUPID! STUPID!  Guess they figure it's not their money. 

     

    They are paid by the VA to lie and de rail your claim.

  6. 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

     

     

  7. 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”. 

  8. 1 hour ago, Lemuel said:

    What does your Medical File look like?  Have you read it thoroughly?  I'm finding many VA physicians put the right stuff in the file.  It is just ignored by the adjudicators in favor of the C&P examiners report which often fails to note the "objective" reports on radiographic studies.  Your case with your neck.  Also the neurologist's orders.  Did one order minimum exertion?

    If you have a "Prime" account on "eBenefits" you can download your information from the "Blue Button".

    My attorney said we couldn't challenge the "Duty to Assist."  But the BVA Judge in her 05112017 Decision noted, in her 37 page decision, that I hadn't raised the issue of "Duty to Assist."

    Hopefully someone will give us some decisions here on the subject of "Duty to Assist."

    Personally, I think most "Duty to Assist" failures become CUE's because of failure to consider evidence.

    However, in my NOD for reopened claims I am claiming both.  CUE and Duty to Assist failures.  Don't want to leave something out. 

    The Judge gave me a remand for most of my issues including a revision of a date for tinnitus from "Noise Trauma".  I thought there was a failure to consider tinnitus in my 07191975 claim for hearing loss.  But not so.  There was a liberalization that granted tinnitus due to noise trauma on 03161976.  That is apparently as far as it goes back instead of the 12091989 date an RO finally granted it based on the "hearing loss" claim.

    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.

  9. 19 hours ago, john999 said:

    I think you need and want medical evidence to support every contention you make.  The VA will say any secondary conditions or new conditions not presumptive or supported by medical evidence is just speculation which is something the VA is great at doing to the Vet, but not when the shoe is on the other foot.  I had medical evidence for my AO conditions to have a strong DX with no doubt especially regarding DMII and secondary conditions.  You just have to lock it up so they is no wiggle room .   I had a IME/IMO from my old psychologist  for bipolar condition and in the IMO my doctor mentioned I had chronic pain and was treated with opiates from the VA and my claim for higher percentage was denied.   The VA blamed my MH symptoms on the opiates ignoring the accepted Bipolar  DX.   I overcame it but it meant another IMO to explain what the first IMO said.  Time.......!!!!!!

    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.  

  10. 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.   

    • Like 1
  11. 1 hour ago, Gastone said:

    Stay positive and have a Great Thanksgiving!

    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.

  12. 21 hours ago, Gastone said:

    Arng. keep in mind all IU Awards, even those given an initial T & P No Future Exams, can be reduced for cause at some future (Pre 20 yr) date. If you were to file a New Claim or request an existing SC Increase (In search of a 100% CSC), you open all SC's held for less than 5 yrs to an immediate reduction proposal.

    That could and possibly would affect your IU Rating. A Nam buddy that was IU T & P based solely on his PTSD 70%, filed a Housebound application 2015. It was Denied and his PTSD was reduced to 50% supposedly after a review of the initial Award. He lucked out, at 73 the VA decided not to pull his IU Rating.

    Another Nam Vet I posted about last month, IU T & P NFE since about 2014 recently filed a New Claim trying to get an AO future Presumptive for his 24 yr old daughter. Not only was he Denied but he also received a PTSD C & P which prompted a PTSD Reduction and IU Loss notification. He Appealed within the 60 days, but the guy (74) is beside himself facing a possible IU loss.

    Of special note, because he hadn't held the PTSD or IU Rating for the 5 yr Cut, the Rater could use just the most recent C & P and review of recent VMC Clinician Treatment Notes to Rate and Reduce him.

    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.

  13. 4 hours ago, Buck52 said:

    Mr A

    it may or maynot be that important, but just depends a lot on what type of rater you get, some raters will find anything they can to deny.

    Just thought I'd mention it

    your over all disagreement sounds great.

    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.

  14. On 11/21/2017 at 6:31 AM, Buck52 said:

    It sounds good to me Mr A

    but you should take  the'' I'' out as your opinion because your not a Dr  so word that  differently as what the Dr's have written in their report about all your s.c. disability's.

    use ''according to'' regulations CFR # (CITE THAT REGULATION BACK TO THEM) as broncovet suggested.

    when we say or give our opinion to a medical fact its just considered as medical opinion/speculation.  You can say what you did  but following that up with'' and according to'' CFR Regulation & (cite that regulation.)

    other than that

    Your appeal disagreement sounds ok to me.

     

    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...."   

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