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ArNG11

Master Chief Petty Officer
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Everything posted by ArNG11

  1. Mr. Hill you got your foot in the door. Unfortunately you will have to do some digging. There's usually two parts to the award letter. One section details the regulations that pertain to your claim and the justification for the rating you were given, usually has the medical codes of your conditions. Unless it says Permanent or no future exams needed you can be called back in. Your ratings will have a few protection levels, however, the first is at the 5 year mark. Other that fraud they can't sever service connection. Heh your win is great. Take a breather and enjoy the victory.
  2. ever-changing as Veterans wise up, however, you are spot on.
  3. Heh I forget things that happen in the last few minutes at times. No worries. I'm still waiting for Muskogee to send my records to DC. The form 9's have been sent and filed. SSA records have exchanged hands. Just waiting for my turn in the hot seat. I'm actually curious to see if VA gives me a few SSOC's or not. I'm tired and almost spent, however, I intend on finishing this one way or another. Yes I do have a few claims in different stages, the VA is stalling and taking their time now.
  4. Buck, sir if you have proof, evidence to contradict what a lowly pawn in this game, has stated, I am not sure that I would pursue unless your credibility is in question. Let me clarify, not at this juncture. Once it goes up beyond the local level I think it gets easier to take the VA indiscretions and use those very things against them. That is just my opinion though. I will be sure to let you know how it works out. Calling VA shenanigans out at the local level is quite a bit different than once you get up the chain. I rebutted every angle against my claims during the DRO's and I failed miserably, not because I was wrong, just wasn't quite playing the way I should. But I learned how the VA conducts business up front and personal. Much like a sniper leads and hunt's their target, I guess I will find out who winds up in whose crosshairs. Slow is smooth, smooth is fast. Poof. Target down. "fight till your last breath"
  5. Listen I would advise to consider your options. I know I can't wait to be in a court room to refute some of the bogus crap the VA has done on my claims, hopefully without going emotionally schitzo in the courtroom. I am not against filing a CUE, however, it is very important that you understand these facts. Veterans are afforded a very powerful weapon. Your credibility. The laws that regulate how the VA is supposed to do business. If you can prove this going through the regular appeals channels then I would suggest to do so. In a CUE situation, you are at a very crappy set of circumstances. You loose benefit of doubt. That right if I can call it this is a gem in your arsenal. There is a time for CUE do not get me wrong, however, if you can attain the same outcome by not filing a CUE and just going through the regular appeals channels, I would suggest to do just that. Unfortunately, time is a luxury that some do not have. The VA is a deadly snake and you don't want a situation where the benefit of doubt goes out the window. Remember even if your evidence is equal to the VA's, the benefit of doubt, the equal weight of evidence for and against your claim, legally by regulation and law you are going to win. In theory that is, the VA can only get away with what the courts allow them to. Have the regs, laws, and evidence on your side, you will ultimately prevail. JMHO When I get to where I finally get to in this process I will be sure to share what I have learned. Hope all this makes sense.
  6. Thanks Buddy. I am just giving my 2 cents'. It's a long drawn out fight that I think we can all agree. The fight, the game, whatever metaphor you would like to use to describe the VA Claims process, I think it is vital to your survival, until your ratings are protected, or more liars, cheats, and crooked, pitiful excuses for human beings, get prosecuted and made an example of, this is at least a 5 year watch your six kind of endeavor. Not meaning to be a kill joy, just stating what I have learned thus far. All the more important to become knowledgeable with whom you are dealing with and the tactics and strategies. VA is a unique organism, that, is a cold hard truth. JMO
  7. Santa came early by your place. Grand news. Take care of yourself and your family, you deserve to enjoy the victory. Congrats.
  8. I agree with the above and suggest one more thing. Save back at least one contemporary record for new evidence, just in case you need it later on. As well as plan on getting an IME/IMO, just in case. JMO As long as the conditions you are filing for are well supported and you have the necessary ingredients for a success full claim you'll be golden. The one negative that I have noticed though is if you file a cluster of claim or rather cluster of conditions in one claim they tend to deny most of them. Just relaying my experience with a multi symptom claim.
  9. this is all good advise. I will tell you just like others though, the VA avoids Sleep Apnea claims like the plague. Just get your ducks in a row and get a favorable nexus. The VA supplies my, rather, used to supply my filters and spare parts yet I according to VA doctors I have no sleep apnea problem. I had/have a multiple symptom claim for thyroid, gerd and sleep apnea. Long story short in the very same exam and c&P notes. The OB GYN opined that I don't have sleep apnea and don't use a CPAP. In the very same set of exams, the OB GYN doc opined that I don't suffer from fatigue for thyroid because I wake up refreshed and alert because I use a CPAP. I kid you not this is how it will go. This was done at the OKC VAMC. Make sure you get a hold or your records and find references to symptoms of you having issues. Find relative studies of the correlation between PTSD and Sleep Apnea. Actually most studies indicate the correlation with MDD not just PTSD and apnea. Fight it, and get your studies and favorable nexus written and turned in along with that all important NOD. Make absolutely sure that they reference the symptoms in service and after service or you will have great difficulty in getting an apnea claim successfully processed in your favor. Oh and have them reference that they have reviewed your military records as well. JMO, JME. BroncoVet I agree with you as well.
  10. Depends what title it was under and what it was in support of. Regular AT training is different than say deploying or training for a mobilization. It can go off state orders or federal status. Federal Status is what you need to be on for the most benefits, if not then it becomes a matter of going through your assigned state channels. At least that is what I have learned. If you have copies or your orders through out your military career those should provide great insight and get you to where you need to start.
  11. Should be sleeping, but another one of those nights. Crap.

  12. goss I will testify to this. The VA is going to fight you tooth and nail on this and try to confuse the crap out of all issues. Stick to the facts, get you records together and do not back down. Get intimate with the regulations that apply to your claim. Most times the regulations they break are the very same ones they quote in their reasons and basis. My back injury is a prime example of the crap they pull. It will be long and tedious but remember your win will take TLC and patience. Use the regs and the evidence. Get your evidence and history together. Get the doctor's opinions and stay true to the course. I cannot stress that enough. PM if you want what has worked for me. I'll give you my take on it and maybe you can avoid some of the traps and delays. Also although the regs and laws are critical, the help you get on this forum is INVALUABLE. One more thing read the references on your own. Don't just take my word or anyone else's just because. It's a learning experience that I can tell you straight out. It's a balance as well. Many times folks smarter than I have warned me not to let this, the VA fight, consume you. They're a googolplex percent correct as it can very easily. "till my last breath" Mr. A
  13. If I'm not mistaken, the time you are referring to may have been when I told my law dog that I didn't want to deal with the Regional Office any longer. The last NOD he requested another DRO conference for my case, which is a waste of time. I did not want one. I wanted a traditional review. But he filed it anyways. I have submitted 3 form 9's and that last NOD that he did. I have one NOD, three intertwined claims waiting to be sent to the BVA. They have already requested and have SS records so that is the information I am going off of. There is one claim pending which is for the IU, increase on all SVC issues, Neck and Hips, SMC and Housebound issue. Oh and the bilateral factor for radiculopathy, knees, and hips.
  14. I am not going to argue with you on that one. I take my meds as prescribed and as needed for the situations but it gets difficult to manage and I read what you are saying LIMA CHARLIE Coupled with all the stress of what goes on with VA claims and other outside influences. Families or members of your family can't really understand what is going on. They can try to but at times they may be part of the problem. The things that I try to do and think about is why I keep fighting and who the fighting is for. For me the win is not about the money but to get some peace if there is such a thing. Granted please understand I know that dealing with the VA is a lifelong venture but I'll handle that after I'm done, if and when. I hope this helps and remember when those kids that are driving you nuts, the sound of "Mommy, Daddy I love you" makes it worth the fight. JMO I hope the BVA process isn't as long of a process in my claims but I realize that it can and will be. Good luck. Keep the fight on. Good Luck
  15. Victory and Liberty, I remember those. That was when General P was head honcho. Maybe?
  16. Good to hear. Good luck. Ask questions on here, folks on here have a strong will to help.
  17. I remember those days. Terrible two's naughty fours, even when they're almost grown at 18 and 16 you think it would get easier. Enjoy those times, some of my favorite memories of my younglings were those ages. A piece of advice on Ebennies don't check it so often it will drive you bonkers, worse than a couple of screaming 2 years olds. Trust me on that one.
  18. Gulf War Registry and Burn Pit Registry will help in the long run. My two cents is just to be vigilant and get medical attention when needed just in case. Hopefully you won't have many issues but those registries are a means to CYA.
  19. bcandprn check out that info I referenced earlier. I'm not advocating for any particular firm, however, I think the outcome of these cases will set new bar of requirements that the VA cannot avoid. For so long the VA has danced around in service diagnosis but never addressed symptoms in service or after service. The VA also has the bad habit of saying silent for complaints in SMR's but connect other illness that relate to the same exposure. Can cause thyroid problems but not IBS, or can cause GERD but not Sleep apnea. Those are just some of the examples of things that I have run into in my claims.
  20. Navy04 I have a feeling they are going to do similar to myself. I'm 40 but I have a few other disabilities not related to the military. I wanted to ask what was your sequence as far as the agencies order? OPM retired me when I asked, DOL and VA are still fighting me. I have made it complicated, however, I was trying to keep the injuries and illnesses with corresponding agencies. The fact is they are so hard set to deny and their rules seem to change as I counter their attacks.
  21. If you live close enough then yeah I would agree with you lads. What I am having an issue with as our claims get handled by different Regional offices to handle the exorbitant amount of claims how can you get a copy without running into physical distance issues. A simple fax, e-mail, hell I would even settle for text or a secure link to the file. It is common practice out in the business world. Hell I've electronically singed, releases, contracts, real estate, and many other common tasks that require a signature, all done by a PC ( in my case a Mac) but makes no difference. I have even performed this task via a smart phone. These tactics are getting riDONCULOus. Damn excuses are getting old.
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