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ArNG11
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Posts posted by ArNG11
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On 11/20/2017 at 7:48 PM, broncovet said:
Sounds good. I would add that you meet the Howell criteria for SMC S. Importantly, read the decision and refute, where possible their decision. For example:
"While the VARO decsion dated 12-02-16 denied SMC S and stated as a reason s and bases, "xxxx reason", it failed to consider Howell vs Shinseki, where congress addressed this issue:
(Then Cite Howell criteria where the VEteran need only "not leave the home for work" to get SMC S, as opposed to not being able to leave the home at all.)
Howell criteria is here:
https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/
Thanks for the reference. I looked at that one. Definitely using in my counter argument.
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Yes broncho, that is exactly where I am getting my references. asknod does an outstanding job explaining these particulars. Other than the references of CFRs and USC the information is golden. I am putting to use and pursuing what I am legally entitled to since the get go. For me it will only go to the last quarter of 2015 to the present, however, that is not a reason to pursue the entitlement.
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I wanted to ask and receive input on the wording of my last form 9. Any suggestions or critiques would be greatly appreciated.
"I disagree with the 02172016 decision.I disagree with the evaluation fo the neck injury as medical evidence of symptoms and severity are greater in degree than the 10% awarded. 20% would satisfy my appeal. I disagree with the effective date of the neck injury. The injury was sustained in service and was a result of the HMMV ejection that occurred in the line of duty. I contend the VA had the DUTY TO ASSIST me in developing and including the neck injury as part of my initial back claim 08/02/2012.I disagree with the Special Monthly Compensation.I am housebound, my service connected injuries prevent me from being substantially gainfully employed. While I can leave my home for medical care I cannot leave my home for substantial gainful employment.I also contend that my injuries are permanent in nature and are not likely to improve.I contend that this would qualify and classify me as totally and permanently disabled.I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might and could make in deciding this appeal.This includes all legal errors, all factual errors, failure to follow M21-1, all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR."
I feel this is complete, however, I wanted some opinions on the wording if possible. Never give up. Slow is smooth and smooth is fast.
Thanks in advance.
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I am glad Navy62Spouse. Don't even give the VA a mm to move and delay your claim any further. There's a reason why folks still send copies of the signed receipts. Sadly because the VA is so damn shady. Good for you. Wish you the best. Keep fighting till you're vindicated, till the last breath.
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rpowell1, man long time no read or write. I just happened to get on and so many posts I need to read that I figured I should start getting on more. I am glad to read and see that you got P&T. Man it is a relief. I managed to get my TDIU back in 2015. Still going for the P&T and SMC S. Can't wait for that day. I got my letter today day from BVA on my docket placement so I am closer to that day at least. In any case my brother, best wishes and congratulations on your win. Well played sir.
With VA health care, I gave up on that boat a while back (2015). With my FED Blue Cross and Medicare most of my needs are taken care of. You are so right about that huge monkey being off your back. It is so liberating.
In any case best wishes and again congrats.
Mr.A
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Good luck with asking the VA for help with this, though still worth pursuing information though. Our bodies are set up naturally for marijuana, specifically the stomach, as there are receptors for the chemical in that organ. It’s the combination of CBD and THC that gives the lead the medicinal qualities. Don’t take it from me though, read up, and do some research you willl be pleasantly surprised.
Regarding the stimulator , it is an option, however I suggest or rather would encourage you to try alternative treatments as even stimulators have their own set of problems.
Make an informed decisions as to what would be your best course.
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Buck, Johns is right on the money with the above statement. Be aware of that. Get what you can from the provider and if he or she is not unbiasedly giving you the proper care and treatment then it is time to make some changes.
I can't stand when providers dismiss or try to minimize your issues and concerns. I am a bit of an A hole and I voice my opinion and find another unbiased professional. I know the VA has some but sadly they aren't in abundance.
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Folks please post how your situations work out. You have to be very careful in the wording of your appeals. To cover my self for instance on my last appeal I put a statement in reply that I reserve the right to appeal any further SOC or SSOC's to the board. I also included a waiver of review in my last set of claims just to be on the safe side I included a copy of the waiver in my last correspondence with the VA. I really despise that things have to be channeled through the Evidence Intake Centers but with the VA you have to cover your twelve and six.
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I am curious with your question as well. In my case with the last set of claims I filed a Waiver of Review letter to the BVA. I want the claim to be decided in Washington and not with the bonehead Regional Office.
Where did you send your waiver, was it at the Jacksonville evidence intake center by chance.? That is where I sent mine and where it was processed. My last Form 9 went there as well. I got the mail return receipts so I know its in there hands.
If it were me and you haven't heard anything in writing I would check just to make sure. You could send another express if you are concerned about it. I would provide a copy of the return receipt along with it just as a reminder. With it being so close to the deadline I would call up directly to the VA Regional Office.
Did you try IRIS or calling the Regional office already? Have you called the BVA by chance? These are just some suggestions. Hopefully you should have gotten a response by now. Mail runs tomorrow. Hopefully you get the receipt then.
Good luck. Best wishes.
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The order in which I got approved most likely will be to my advantage. Basically I am using each of the agencies decisions against the corresponding claims whether I use say VA and FERS to establish SSA benefits or use FERS evidence for SSA. It's a lovely thing to have them cornered like that. When one conceeds the others are more likely to follow suit. SSA was probably the hardest of all three, however, I have to say the VA has been the most reluctant. I applied for VA benefits back in August of 2012. It took me around 3 years to get everything line up with claims. My FERS retirement is what gave me the leverage for SSD. Then these later decisions will prove useful for my Department of Labor Claims.
I am just after the scheduled awards due for my hand disabilities while working in Federal Employment and Department of Labor to pay out the due scheduled awards for my hands/wrist. That is another fiasco in itself though.
In any case the SSD benefits will help immensely in clearing up some debt and will be such a relief financially. I am especially going to be looking forward to the combined medical benefits. Should cutdown my out of pocket medical cost quite nicely.
The written decision is taking a bit but not out of the ordinary. The awarded date just past 60 days today in fact. So that should be coming in any day now. I will welcome that all but surely.
Research as this initial post suggest is what helps you win. Along with strong medical evidence too, I can't forget that. Without concrete medical evidence you will have an almost impossible time winning.
Keep up the fight folks. If you have the evidence, everything will start lining itself up for you to win what you are entitled to.
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Check on that. Just be mindful and take care of yourself. Whatever you do if you have any unexplained nosebleeds or red spots over your skin, do not delay. Get your blood work done ASAP. Prepare to be going to the hospital.
I don't get on here much any more as things have been getting the best of me, however, regarding this subject it is dear to me. I'll take a mortar attack or prison riot 100 times over than go through the severe blood issues like what I had. The biggest factor I believe was not knowing and the waiting.
Good luck and take really good care of yourself. Best wishes.
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Heh at least you folks got some progress. The best they could offer me was tramadol with lorzone. Lorzone worked well for the muscle spams, however, Tramadol wasn't too great with the pain. I've had better results with the extended release Oxycontin and anywhere from 10 to 50mg of oxcycodone through out the day.
I have been experimenting with CBD oil, however, it is necessary to have THC in the mixture, which from state to state as ms Jane is still illegal. Slowly other states are approving the leaf for medical uses, however, they are so slow in the uptake and application.
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Even got to look at the decision that granted me IU. Still have more to go but it was nice to have a win.
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Hang in there and don't give up the fight. If you give it all you can, you will know when to keep fighting and when to concede with other victories in your other claims.
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Theres is plenty of information out there with specific references to federal work comp cases and several fuel exposure claims on the VA claim side. I dare you to find one case that was approved at the regional office. To this date I have not found one. It is definitely a BVA and above claim, not that it doesn't get approved just not many right of the bat. My exposure was from 05-07 and later from 08-11. I was a tank rat as we were so called by everyone who knew what we did.
Really I feel my exposure was mostly Air Force but when in the Army the burn pit I am sure had some effect as well and compounded problems.
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On 8/4/2017 at 0:02 AM, retiredat44 said:
just thought about a photo I took while at Tinker... I was just passing through.... I have a few long stories, crazy stuff.... Tinker is crazy hot in the summer,,,
is this Hangar 2 catti corner from 3001?
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Gott the FOIA request on CD. It feels likes Christmas in hot July. Seeing the updated C file has shed some light to the shenanigans Muskogee has been pulling.
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Buck I have, many times over. I was wanting to use that decision in order to help me with my SSD claim. Which incidentally went extremely well, at least from how the Judge was speaking and defending my disabilities and whether I could work.
Still tickled about that. The SSA job specialist ate his words and readily admitted that my records showed that I am too disable for even the most basic of jobs that my qualifications and training would allow me to do. Even in that stating that I was not rehabilitatable was icing on the cake.
Ebennies was a bust.
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Gastone, a comment on this, why is it that so many times the VA doesn't follow the law or regulation and have no accountability for breaking the law at the detriment of Veterans.
Whether infered or not the VA has the obligation of Duty to Assist and in affording the highest possible rating to the Veteran that his or her disability allows and qualifies for.
Then again that is like asking what is wrong with the VA. Too long of an exhaustive list to mention or write down.
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Ouch, where were these numbers gotten from, is that accurate
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That's cool seminole, my path was backwards. I won IU back in August 0f 2015, which the VA to this date has not afforded me a copy of the decision, even after multiple FOIA requests. (I have a feeling the VA had to make up my decision, but who know's ...magic eight ball anyone?" or maybe the ink is still too wet to provide the made up regulations in the VA's eyes. Anybodies guess really.
In any case, I was awarded IU, then it seems that I will win via the SS route, my DOL claims well that maybe a longer process, however, I can wait the agency out, at least for the time being.
The note that I really want to end with is not to give up and "DO THE RESEARCH". I can't stress that enough. Although I kind of cheated in a way going with a second law dog this go around an informed veteran is more likely a successful one. Gotta do the PMCS' , have the right tools, and have the right people guiding you along.
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Oh yeah thats interesting, I thought of putting this news on a new topic but it was a update on one I had posted some time ago.
Not that this win is completely related to my VA benefits , however, it is good news thanks.
There are so many factors to what this does to the whole benefit package but I think of it as a win on one of the other sides of the house as for my disability road trip.
Just a positive word, don't give up, whether VA , SSD, FWC, ect., Never give up!
TDIU, SMS S Opinions greatly appreciated.
in TDIU Unemployability Claims
Posted
Let me get back with you on that. I'll look up the exact wording on the decision. No VA A&A or Housebound application was included, completed or filed. No on the awarding of P&T. They did not state that in the award letter, I am not considered permanent since they listed a C&P at the 4 year mark.
One of my IMO's does contend the permanent nature of the back and neck, however, not all service connected injuries were listed. I contended that the nature of all service connected injuries are not likely to improve.