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ArNG11

Master Chief Petty Officer
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Everything posted by ArNG11

  1. John they still are asking me for these forms as well. The don't seem to want to take my OPM Retirement paperwork or my SSDI evidence. I bet a Starbuck Chai Tea latte that my records make it to DC without SSA records. I know the VA has them but they are acting like they don't.
  2. In this day an age there are no excuses on the time frames these agencies take to approve or deny a claim, even worse, to put claim in limbo status when you have no inkling of when it will be decided. The process could be streamlined a bunch more instead of how the system is now. But I'm sure that is the point. Delay tactics for sure.
  3. Bupropion? Ill be dammed. I didn't realize this. I thought it was an additional meds for pain management. I hope that you are right in some regards, however, I don't trust any of these agencies. Leave us alone, man that would be great. How about if one agency finds you unable to work then all other agencies must follow suit.
  4. Just for giggles, No not really. Have any of you folks gotten back results for an enlarged liver?
  5. Wow. I can't say all my experiences have been bad. Which I dread stating in VA's defense, I have had one positive experience in a C&P exam. One. The Doctor was attentive, read my records, even did and extra DBQ in my favor. A favorable exam, and she wrote a nexus for a condition that I did not explicably ask for but knew I qualified for. The funny part. It never made it into my C-file. At least from information the DRO verified my last hearing. So I asked for a copy, even though I have a very audible recording of the exam. The VA still has not provided me a copy of the exam, nor did they provide a copy to my previous attorney. Imagine that. I wonder if I will ever get it. Who knows maybe the sun will shine on the dogs ass, one time. Point to take from this is that unfortunately even if you have the evidence and a rock solid case, the game is fixed and you are on the loosing end of the statistics. However, knowing and preparing for these events, it is possible to out flank the VA and win what you are entitled to by law, according to the regulations and all medical evidence. JMO
  6. GP I agree totally. Then there would be no question of whether the exam was conducted in a hostile environment, no need to verify if the C&P doc looked at all medical records. No need to doubt a Veterans words, injuries, and illnesses. I personally think if this were allowed there would a significant number, drastic numbers in reductions of low ball and bogus exams that are allowed to pass the "Veteran Friendly Claims Process"
  7. I recall someone discussing some of secondary conditions related to PTSD. I even think it was VA's own studies. Theres good documentation out there about the relationship between the two. Again it does still require a medical nexus and cases are different on a case by case basis. It is definitely worth a look see. Personally I have annotations about the conditions in my SMRs active and guard and the VA C&P doc even did a PTSD DBQ on me, I have yet to receive that file from the VA from my C&P exam. They were even kind enough to omit it from my law dogs copy. Sorry ex law dog. That is going to take some time to sink in. But I do have a nice recording of the exam. It;s a stalemate attack though. But I would love to use it in a scenario where the VA states it is a veteran friendly atmosphere not purposely trying to deny Veterans due benefits. Here's mud in your eye Johnny. In any case, sleep disturbances, in this reference would mean you have nightmares, day dreams, vivid recollections of past events that you can get out of your head, intrusive thoughts that interfere with daily living and or activities, being at home or at work. Flash backs basically. If you have a documented stressor and medical records relating treatment, I don't see how the VA can divorce the two, it kind of goes hand in hand. Most Veterans have associated major depressive disorders, along with vivid flashbacks. Smells, sounds, scenarios those kind of things. Some of my buds that went in the first wave going door to door looking for bad guys have some interesting triggers. I don't get a kick out of this nor do I like bringing it up but knowing some of this information can be helpful in keeping demons at bay and help folks learn how to deal with the ups and downs. Mind you treatment with a good counselor, psychologist and or psychiatrist is recommended. But everyone is unique and may need different treatment options.
  8. Andy you can get a copy at the VAMC if you stop by the records office, most places, the personnel are courteous and helpful, especially if its quick like a specific report or procedure.
  9. There is also the factor of defining what sleep disturbance is considered. See under a mental health claim, recurrent nightmares and trouble sleeping because of this would in fact be a sleep disturbance. However, under sleep apnea, a sleep disturbance can also be claimed because apnea-tic episodes will cause a disturbance in your sleep pattern. For example when you wake yourself gasping for air, and then go back to sleep, does that makes sense? Still don't forget the nexus and the use of medical rationale to tie the issues together, not to mention the doc giving the opinion (specialist would be recommended) mentioning that he has reviewed your service medical records ... JMO
  10. Andyman I feel that a coupled with an IME/IMO you would be in a good position. SMRs are a plus if it's annotated but you still are going to eventually need and have IMO/IME. Mind you don't just take my word for it. I'm not an attorney, and every claim is unique. But these are things that most would agree would help solidify your case.
  11. Don't concentrate on the diagnosis in my opinion. Documented symptoms which it seems you have. AFmedic09 that crap is a literal pain in the throat and ass. For me change in diet, positional therapy when sleeping, vast amounts of rx and OTC. It helped for a while but got worse these last few years so I had a fundiplication done. It works for some and for a while but I would talk about these things and ask the Gastro specialist. Don't let the VA schedule you 90 days out either, if you can't be seen in 30 days try the Choice program or something. JMO
  12. Andyman do you have a copy of your care at the VAMC? If not get one. I you can't go to the VAMC do it via eVet. Not sure whether your care is strictly VA or not.
  13. Buck I would honestly suggest to try to get both. Its a gamble but it is possible to pay off if I'm allowed to say that. Go in with multiple opinions and records, documenting the timeline and correlations and I think you would have a good case. That's just my opinion though. It is worth the look. Symptoms over time not the diagnosis is what you have to point out.
  14. Andy only if it service connected. It will be a cold day in hell before I get connected for that I think. Doesn't stop me from trying though.
  15. For giggles and to make sure I was giving correct information. I looked at the dates. I put in a FOIA request in 11/29/2013 and by 12/04/2013 it was closed. I had the records stupid fast. I don't see why folks have to wait so long to get their files. There is no excuse and it should be illegal. Oh wait it is illegal to withhold information like that. Crap. Call and Check 5 0.
  16. I personally don't believe it is. It seems like the process is a restrictor valve in a complex maze of lines. I don't want to sound like a disgruntled Veteran but I kid you not, why the difference in time. I asked for my CFile and within the week a big old foot and and half or records showed up at my door in a discreetly marked plastic wrap, I about crapped myself it was so fast because I knew what it was. I think not everyone is playing by the VA's game plan. I know, I know, I don't want to give credit to the VA unless I have to, but I would like to think that there are still some honest people out there that are just as tired of the game as much of us are.
  17. Rootbeer at least you some questions answered. But this kind of crap is sickening. The VA knows why you want your C-file. I wonder how they can avoid an obstruction of justice charge. A person would think it would be possible to make this happen, especially in an era where paperless everything is a mandate. Not that hard now is it. Could you imagine if you had access to medical records/ CFILEs like VMBS or MEDPRO docs system. Word Searchable, PDF format and download. Oh wait a minute systems like that have existed since when? Oh I'd say longer than most of us have complained about it or pretty darn close. I am a conspiracy theorist want-to-be, but seriously I wonder how much of our arguments hit the nail on the head or better yet, can even hold the possible solutions to ending the corruption in this decades year old plus scam called the VA Claim Process.
  18. I agree with you bubba. Note my advise is to make sure if you fax or mail this form in it goes to the correct Evidence Intake Center GREEN CARD recommended return receipt. I sent mine in triplicate. E benefits, fax, and by my former law pup or ex law advisor, plus snail mail. I guess that would be quadruplicate.
  19. did you authorize him to do so or did he communicate that with before hand in some form or fashion? I would re read your fee agreement but in most contracts there is some provision in there about extra exams and/or opinions from specialists and such and the costs fee's above the standard 20% fee. However, that would be bad business and bad form if he didn't ask you or inform you before hand. JMO Look over the contract and then have a chat or correspondence with him or her.
  20. Okay yuppers confirmed Katrina was under title 10 as well. It was governor issued but lasted more than 30 days. The same rules should apply. Oh and the part of where they denied you the last sentence why does it not have illness on there as well. Hmm Your spot on your remark the rule was not applied correctly, your eligibility should be covered under those circumstances I believe. I'll take a look see but eCFR talks about this to a degree.
  21. I would agree. The status part is what gets tricky. However, what ever status it is decided to be can't change facts. "illness or injury while on an active status" even if it did happen as a prior to service injury did active service impact it, did service make it worse. Heh you mentioned scripts, do you have records of this or more importantly records regarding treatment if not get a hold of them that will be useful for continuity. With your private MD thats evidence of a continuing problem, continuing treatment hence a doctor who is treating for what " a disease or injury" The issue is that I don't think the VA is going to go out on a limb for you. You are going to need a medical nexus to connect the two. Heh it just dawned on me, I recall when going to flood areas in Louisiana they gave warnings to us of the water issues, mostly rashes and peoples immune system going haywire from it of course the diarrhea issues. Guard took care of it, even sent me to the VA. Granted just got fiber and tums but that is still treatment. Anyways curious what Title were your orders under? I have to look at my records and see what Title I was under for the Katrina mobilization vs Iraq Deployment and Iraq train up. I'm confident Iraq was Title 10, but Katrina I don't recall.
  22. Either way with respect to the topic, I'll state for folks not to limit yourself to just one or two disabilities affecting your employment, I would suggest to claim all service connected injuries and/or illnesses as affecting your employment status. I find it difficult to phantom that say even tinnitus or plantar fasciitis would not affect your work effectiveness in some form or fashion, the question becomes other than the fact that it does, but to get a medical opinion that states these facts. I would say that I am mistaken however, given the VA's offensive and deceitful posture I don't suggest to pretend to be a doctor in any part of your claim. It will come to bite you in the rear later.
  23. I don't blame the attorneys from a business perspective, however, I just don't like the fact that they let you hang out to dry. Whose side are you on? you either serve one master or the other not both. I'm just ticked is all. The fact that I am leery and suspicious of people does not help me either, but I will say it has kept me going and out of trouble most times. Even to boggle the noggin I even ask the questions of myself regarding self fulfilling prophecies aspect. Too many coincidences for it to be solely just that though.
  24. Thanks, No not quite yet. I'm still stuck at the regional office level, but I know they have my records and SSA records that is confirmed. They, the VA, have been trying to get authorizations for my private records. I keep telling them to look in the C file as I have already submitted them multiple times and I know from other Agencies that the requests have been made and records have interchanged between agencies. Same old same old stall tactics. Time will tell however, I just wished they would hurry up and get on with it. I truly just want what I am entitled and no more. Im hoping and wishing the VA just lets me go on my merry way and do whatever it is I do in peace. Tiring to say the least.
  25. Alrighty then, If I recall that programs is weeks long wasn't it. In any case did you go to the TMC or get seen by a combat medic. If you did get that paperwork. It gets tricky when dealing with Guard and Reserve, each have their own set of rules and regulations and sadly records keeping fiascos. But as long you follow the same recipe you should be able to get service connection. Now mind you, you are still going to need a nexus, connecting the injury or disease to service. Did you get any LOD paperwork and did you get any treatment outside military channels? Did you have any luck with getting your records from your old unit? Do you also have contemporary records and pursuant treatment for the condition? Im jumping around a lot but I think you will get the jest of what I am saying. It is not impossible getting something connected through Guard Service, but as long as it showed up during your active time and you sought treatment for it via private or VA wise you are headed in the right direction for service connection. Silly question, did you try those white or brown powder dispensers to keep your feet dry? Clean socks and such, just curious? That's neither here nor there more of curiosity.
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