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ArNG11
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Posts posted by ArNG11
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Yup the $85 is a bit much but not really, the pre check status lasts 5 years. The process was fairly easy. I went to a Staple's in Southside OKC and the process was quite painless. If they pass that legilation for disabled Veterans mentioned above that would be sweet.
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13 minutes ago, brokensoldier244th said:
There may be a time lag but also, the system, if you don't title your documents when you save them before uploading just assigns a default "correspondence" label. That can mean anything- random updates from examiner facilities trying to schedule you, 4192s returned from employers, STRs that aren't labeled correctly when sent by the services (sometimes they send a giant PDF- I like those, others, however, scan each page and upload it......WTF?) - all sorts of stuff. It's also not in any order except by date received when the system puts it into your Efolder. We (VSRs) change the dates on claims (back date them to the postage date- if we can read it on the scanned envelope) to make sure they coincide with when they came in, not when the system processed them because it may be a few days between when its received at Janesville and when its actually scanned in.
also, Ive requested service records and even STRs more than once on a veteran that comes over my desk that ive worked on before, even if its a subsequent claim- because ive found that DPRIS records (your 201 file, basically) magically updates and I find new stuff in there that wasn't there before. Same with STR's. With VAMC I just download the whole mess from whatever the last date was that it was downloaded and then convert it to PDF and label it with the VAMC and date range. Not every VSR does it this way. It really sucks when someone downloads a hundred pages of VAMC records into your file and then just labels it "clinical records" with no date range, or indication of what VAMC it came from- because some of you have several.
Good to know. Great info. It is hard to believe that this day an age things are more streamlined with the use of electronic data, then again not surprising. My recent hearing verified a few records that were not the most current. Imagine that, that is why it is imperative that you confirm the most recent evidence was used to adjudicate the claim.
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In my claims when I did have an attorney, there were a few items that were not in my CFILE copy he had access to. Not sure whether it was just a lapse in date intake or what. But just I have experience before its best to get multiple access points to your records and compare. Your CFILE, your service records, VA medical records, and private medical records. If the information has been requested to be shared between all these they should coincide with each other eventually without a great deal of lag, but alas Murphys law.
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Yes, I am still some what active in the Forum just not on here very often any more. With the ITP if you have records of it in service, a medical opinion and nexus, current treatment records, you will be golden. There is a lot of literature out there regarding the condition.
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Ouch meow.
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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.
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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.
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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.
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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.
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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.
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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.
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Hope you get some answers.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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4 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 are absolutely correct. Depending when my claim is in front of the Judge will greatly determine the VA next move. I not only agree but am absolutely counting on the VA trying to reduce one, some of all my ratings. That's where the SS doctors opinions, my private providers opinions, vocational specialists, the Judge's Social Security decision will come into play. While they must not abide by those decisions the favorable evidence to my claims cannot be ignored. At least that is my plan. I also have medical experts opinions that the fusion surgeries for my neck and back may not help but actually worsen those conditions. It is a big gamble on my part. I do not recommend this course of action nor can I even advocate for any it. This is just me and specifically to my circumstances and state of mind.
I believe I want to state very clearly, that I would not recommend going head to head with the VA unless you have medical experts testimony and plenty of medical evidence not only corroborating your contentions but absolutely confirming them. My emotions and ego may be the end of me, but, I haven't lied or broken any regulations and laws, I'm out to prove that the Veterans Administration has.
Also when VA docs do and will opine that my conditions have improved, that alone cannot be used for the purposes of reducing my ratings, sustained and marked improvement, may I add, not only from just one source (only VA hired docs).
In any case I am glad you and others bring these pointers and facts out. A claimant has to be aware of how dirty the VA will get and how to fight against those attempts to belittle your claims.
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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. The wording is what I am most concerned with writing it up.
30 Days
in VA Disability Claims Research
Posted
Sorry Hamslice,
It will get better, in the end of the shenanigans, they, the VA, will tuck tail. Hang in there brother, you will prevail. Stay tough.