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Everything posted by ArNG11
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I just got a decision in the mail about rhinitis. I have service connection but only to the effective date of the law change. I filled for Gulf war conditions in 2013-2014. Denied and appealed all the way to the BVA and no dice. Until now but with a crap effective date. I feel this is win but I can't say that I am overjoyed. Denied higher ratings for Hypothyroid and GERD, service connection of sinusitis under same regulations and denied the higher ratings on law changes in 2017. But approved for Rhinitis with an effective date of August 5, 2021. Geesh why do I have a feeling this is going to be the norm whenever the laws change in the Veterans favor, effective dates go out the window it seems. Im getting tired but Permanent and Total is just barely over the horizon and seems attainable
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It's an easy first move for them. Most Veterans will take it and leave, i.e., not fight for more. And they know that.
But you got something,
Keep digging,
Carl
I had a HLR about six months ago. From the records review, it looks like a copy and paste of the first denial, but during my interview for the HLR, I did mention the new law and presumptives, and whether any of that would apply. It's been crickets for that last six months, so maybe they are trying to apply that to my claim. And, it they do I will probably get the new date to. LOL...
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Carl your right on the money. I feel the BVA is going to do the same thing again on the latter the 2nd remand on the hips. It looks like I have a good C&P opinion on connections of the hips after 2 remands from the BVA. I can't help to think the same. We gave you service connection on Rhinitis now so drop the effective date and be happy. Never mind the 8 years of fighting. Hmm. just doesn't feel right to give in and conceded to the offer on the table.
It will be a third go at the regional office to deny the hips.
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Still no dice on an attorney, and Im thinking of possibly throwing the towel in on the issues that need to go to the CAVC. Heh I got another remand on the hips, so that is good, can still try to fight the regulation changes on GERD and Hypothyroidism, and I got a service connection on Rhinitis , still though, my noggin is not what it used to be, maybe my new Mavic Mini Pro 3 will spark something in me again.
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NO GO on Chisholm, Chisholm, & Kilpatrick, so on to the next attorney. They suggested the DAV at the CAVC, nope. I would rather go at it alone than with a VSO at the CAVC. No disrespect to service organizations, I would rather fight sharks with bigger sharks that have more teeth and biting force.
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That's a great attitude. I am a lifetime member of DAV, VFW, and have used a VSO in my past claims with very little or no success. I went from 10 to 90 pretty much on my own. Now getty the hundred is tough.
2017, I decided to use VFW to help me get serviced connected for my cervical and lumbar condition which are in my service medical records. The diagnosis and event or injury is also notated. Just couldn't get a Nexus. Was denied. VSO did do a notice of disagreement, denied again. I felt that the VSO did not put forth the effort, I reached out to VLG, they reviewed my case, told me that I had a strong case. I dropped VSO and hired VLG. VLG do not get paid unless I win my appeal. Just had my BVA hearing 3 months ago, now just waiting for the decision.
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Well I got some disappointing news from one of the law firms I sought to represent me at the CAVC. From a financial standpoint I understand why, but from a legal point of view, it is a little disheartening. I still have one other firm I sought help from so I will wait and see what is decided there. I am bummed but I am having a hot cup of espresso and my greek yogurt for breakfast and it is helping. I'm not done yet, I still have 90 days or so and I have the BVA win on rhinitis and the remand again for service connection of the hips.
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Yes. Veterans Disability Claims Attorney, Veterans Disability Benefits Lawyer (veteranappeal.com)
He helped a friend of mine when no one would take her appeal. He won. Only thing I can say for him for sure is he won her case and he or someone from his office always responds to my questions quickly. He is a Navy vet.
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Sweet thanks for the info. I am running out of time to appeal on the issues that need to go to the CAVC, I also have a few on remand again to the BVA so I will reach out to him. There is only so many attorneys that can represent at the CAVC and it is cut throat at that point. Crap I wish I was on here more often your message was from 14 days ago.
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I always say I need a cup of Joe to relax, mind you I know its a stimulant so it shouldn't, I will say after a cup though, I can refocus and things don't seem as bad. Funny how that works.
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BVA disappointed me on most but did score 1 on Rhinitis service connection, now to see what effective date the VA uses.Got a remand a second time on the service connection of the hips. On the rest well CAVC is where I need to go. Looking for a law firm since I got the decision I have a 105 days left to appeal to the CAVC.
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Im back, Thanks to Tbird. I have been missing being on here. I could only read and not answer posts or anything and it was driving me bonkers. Tbird has resolved the issue and enhanced my calm and inner peace if I can even have those at this point in the game.
So CAVC is my next stop on a few of my claims along with another remand to BVA for Bilateral hip service connection, BVA is really fighting me on this. The claim will go back to 2014 maybe 2013 if I can have them apply the law and regulation correctly. Along with applying the 2017 revision changes in the law for Hypothyroidism under code 7903 Hypothyroid without myxedema 30% rating. I also won on the Rhinitis with the SW Asia/Gulf War regulations changes but lost on Sinusitis which I will also try to appeal.
Chisholm, Chisholm, & Kilpatrick is who I am reaching out to currently for representation, as going to CAVC without an attorney is, well, put simply not in my or anyones best interest. As of today I only have 108 days to appeal to the CAVC. I need a big boy to play with those sharks. No benefit of doubt or Veteran protections up that a way, it is all about the law and so many briefs, which I must admit I cannot hold my own against in especially with another panel of judges.
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Ah I really can't describe the sense of calm that a good cup of coffee can give a person. Yes I know that caffeine is a stimulant but to sit down and sip on a good cup of Joe with one sugar and some steamed half and half accompanied by a toasted cinnamon raisin bagel with whipped blueberry cream cheese, well, I may be simple but this just really hits the spot for me.
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Howdy folks been having technical difficulties lately, and wow a few inches of the white stuff here in OK. Been driving me bonkers not getting some riding time on the Vespa. Cold weather and now snow. If only there were enough snow for snow mobiles, I think I would give a go.