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ArNG11
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Posts posted by ArNG11
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3 hours ago, Navy4life said:
I would add to this thread that you should also do a background check on any attorney. I am a paralegal by trade and I know that you can get "bad" attorney's. Check with the ABA (American Bar Association) for any complaints, law suits, or anything regarding an attorney you are considering hiring. Attorney's are notorious for "taking your money" and billing and billing...At least some of them.
There is a great old joke out there...you are locked in a room with a tiger, bear, and an attorney but you only have two bullets so who do you shoot? The attorney TWICE! LOL
Have a great Sunday!!!
That made me laugh so hard I almost pissed my pants.
All jokes aside though you must use extreme caution when choosing someone to be in the trenches with you.
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I would caution to check on the attorneys stats and game plans. Some will give up on you if your claims are too complex. Not knocking attorneys, however, they run businesses, essentially they are a business and well if it's too much work, they will drop the claim in mid stream. Just, I just caution for folks to be aware of this fact. Make sure you and your attorney are on the same page with the same goals. JMO
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Harsh John, but you hit the nail on the head with that remark. That is the hard truth. The sooner folks realize this sad fact the better they will be equipped to win their claims.
Happy Wednesday.
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Heh Andy kind of late on the Congrats, haven't been on as often. Way to go and way to stick with it. Keep going brother man, keep going. Wish all the best to you and yours. Take care.
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You folks filed for it. Pursue your filing until you exhaust all your appeal options. Don't give up.
I am in the same boat with my apnea claim, and I am well prepared for my defense to justify service connection and the correct rating.
This process wears on you, it has definitely taken its toll on me, but I press on because fighting is all I know. Not going to change that, especially when I have won all my pursuits thus far.
If you have the evidence in your SMR's, if you have post service medical treatment and an opinion relating the condition to service at the very minimum with an " at least as likely as " do not stray and pursue the claim until the end.
This is what I tell myself and others. It is advice that has been given to me as well. I believe it to be just and attainable. Having a bone to pick with the VA is just a perk. I know the truth and so does the VA, that is why they desperately try to push a claimant away and make them give up.
The harder the VA pushes the more right and justified you are in your pursuits.
JMO
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Asknod, you always make me smile. If I only had a tenth of your tenacity, the VA would be afraid to even attempt any shenanigans.
Happy Hunting, hope you have a huge return on your crops at the end of the season.
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Thanks Buck. That is the impression I was under. I'm in the hopes that it is before 2018.
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5 minutes ago, Buck52 said:
Mr A
Try a google search for www.uscourts.cavc.gov
then go to Docket Search if you know your docket #?
No I don't have the docket number, sort of what information I am seeking, but thanks for the response. VA, IRIS and such state the claim is at BVA but I haven't been able to confirm other than the general VA letter stating your claim has been certified to the BVA.
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Heh Folks in a kind of related question to the topic, is there a quick way to locate your docket number is your case is at the BVA?
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Kevin, if and when I get my last decision that won me the 70% for mental health, I will post how it was worded. I haven't made the effort to go to Muskogee to ask for a copy yet. My case is supposedly boxed up and on its way to DC, at least according to the last VA letter I received, however, I will eventually visit Muskogee again.
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hmm, I haven't read a somatic symptom claim like this. At least not referring to mental issues as somatic. Interesting though. In OK, at least the reps or decisions didn't refer to my condition like that. My specific claim decisions went from adjustment disorder with anxiety and depressed to PTSD/Major Depressive disorder. Regional still hasn't provided me with a hard copy of my most recent decision. This info I have is from ebenefits which is not reliable.
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I know that depending on the severity of your symptoms, say your oxygen saturation levels, that the apparatus prescribed would have an oxygen saturation monitor. My machine does not have that option, however, there are many different configurations and options that can be built into the machine. Since what you mention above can be a dangerous situation I would go with you plans of asking your doc. Perhaps there is an oximeter attachment option, or a different configuration that you can use.
If you suspect your O2 levels are dropping discuss this immediately with your doctor/ and or sleep apnea specialist. They should be able to get you started in the right direction with a supplemental oxygen supply if necessary.
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On June 29, 2016 at 3:13 PM, Andyman73 said:
That was my one good shot for the day. I'm not always putting coherent thoughts and ideas together at the same time, but when I get it right it comes out like that. It's a daily struggle to keep the darkness at bay.
It was just your turn on that day. Some times it is mine for several.
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Yes if the exams were done at a VAMC, however, for outsourced exams such as QTC and VES, you cannot get those results until after a decision is made. eVet does has information from the medical centers but not the third party exams.
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22 minutes ago, Alcapone1931 said:
arng11 - regarding the FOIA, you mentioned this which made be chuckle. i opened up an FOIA claim with the VA back in March. the estimated completion date? 2/2018. probably later. and everything is overdue. which means i dont think the VA or HRC nor my unit have anything. you would think there would be a digital record. but hell, since im anal retentive, i kept every single damned thing bc. i figured someone will drop the ball and i wanted to ensure it wasnt me.
regarding filing appeals, if i get a rating and get my back pay and the disability amount begins to come in every month, will the appeals process halt all of that until the appeal is complete? or will my initial disability claim/approval still continue to roll in while the appeals is in process to decide whether it should be rated differently?
andyman73 - thanks for the motivation and optimism. i definitely hope youre right, fingers crossed! i know on paper it seems like it should land in a higher rating, but knowing how the VA works...still keeps me on edge. haha.
thanks again everyone
The timelines they quote now for a simple FOIA request is ridiculous. But yes it is sadly funny. I'm beginning to think that my CFIle request which was done in 7 days on my door step are gone forever. I think my odds were more like 1 out of 500 thousand lucky.
Now I can't even get a simple one date 3 page copy of a C&P exam. This is all legitimate now to thats what kills me. This is the new and improved process.
Hah what a laugh! -
Congrats. Way to get er done!
. Take care and good health to you.
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Be careful with the shell game the claim centers pull. More importantly be informed on what symptoms pertain to multiple conditions. By no means try to be a doctor, but a little reading goes a long way in being able to support and defend your claim.
- Andyman73 and Alcapone1931
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I recall specific circumstances when I submitted sleep disturbances and fatigue with my apnea and hypothyroid claim. They were denied and dismissed, yet later, throughout the appeals process and submission for anxiety and depression suddenly a DRO made a medical determination that fatigue and short term memory was due to my service connected hypothyroidism and that my sleep disturbances was service connected and part of my depression and not my sleep apnea. Convenient I think.
A Veteran must very intimate with the regulations and symptoms that pertain and surround their conditions. Geesh almost like you should be a doctor or something. Yeah thats right though, Veterans aren't doctors, they can only report symptoms and timelines. They can describe the problems and indicate what symptoms they suffer from. Offer medical evidence and supportive opinions to support their claim, but in no way shape or form can a claimant make a medical conclusion to what symptoms belong to which disease. Heh just giggling about this fact, I guess a DRO, a claims examiner and such can't do that either only trained medical specialists and MD's can. Competence is a big thing huh.
I am being an ass this morning but I ask that folks think about these statements. The crap happens almost to the " T " in many a claims.
- Alcapone1931 and Andyman73
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21 hours ago, Andyman73 said:
I had said elsewhere on here, that as Vets we are guilty(denied) till proven innocent(granted SCD). The VA is only for us as long as we don't want what is rightfully ours to begin with. Then they are fully against us.
Your PTSD will rate higher with the depression, most likely in the 50% rate range. And that will make your feet feel like dancing.
You will need to file for sleep issues secondary to PTSD.
There is a problem in this. I don't know but somewhere in the regulations and CFRs the VA has the obligation to assist the Veteran in developing their claim. You know the duty to assist.
In claims such as PTSD or lets keep it general say, depression and anxiety claims, overlapping symptoms are unavoidable, they are present in multiple conditions. Anger, anxiety, depression, sleep disturbances, occupational and social difficulties, homicidal and suicidal thoughts and tendencies, are some examples.
It is rather obvious that the stronger your claim is the more the Veterans Administration tries to dismiss and restructure the evidence against the claim.
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Al and Andy have you guys thought about what the VA claims centers excuse is on getting Veterans records when the system is totally digital.
I often wonder on what excuse they will use on Veterans and their attorneys for not following disclosure requirements. You know the laws and regulations that state they have 20 business days to respond to an FOIA request. My guess is that suddenly in the United States there will be a shortage of CD's and record requests cannot be fulfilled due to supplies.
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It is interesting how the rating side of the VA tries to explain the reason and basis for decisions. Like most others, decisions on my ratings changed several times with evidence that I know for a fact was in VA's possession at the times my decisions where rendered. Of course I can't prove that conclusively, however, I know what the VA had access to and when the VA had access to these records.
Again I am obsessive and I draw on conclusions based on my claims specific details. My ratings changed with information that was there from the start, the ratings only changed because I filed an NOD and I pointed to specific references in my records that were there all along, yet still I didn't receive the ratings my evidence, medical opinions and records spelled out and warranted.
In my case I honestly believe someone saw when the ball was dropped and tried to rectify the situation, my beef is why must we as claimants, Veterans , have to go through this painful run around muck.
My thoughts are that this system has been tried and proved very precisely. It is by design. Many folks have made this conclusion and assessment decades ago,yet the process and fight still remains long and tedious and virtually the same. Same old same old.
- Andyman73 and Alcapone1931
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Take it easy bubba, slow is smooth, smooth is fast. Good luck.
Hah what a laugh! 
SMC S...Dont make this mistake!
in VA Disability Claims Research
Posted
I am very curious on how this will be interpreted in my claim. The VA has yet to provide me a copy of the last decision which gained me the 100% IU (really 90% plus IU) even after FOIA requests. The VA was nice enough to pay the retro but no decision letter to accompany it. I have an NOD in the pipeline as I know there is only a one year appeal period, but I find this quite funny.
My conclusion is that my Mental Health ratings were used to attain the IU, however, it is impossible to know without an award letter. Also besides no decision letter, there was no appeals paperwork or anything. This is very convenient and very nice of them, my Muskogee VA Regional Office.
I am in a similar boat to Gastone's predicament as I have the 70% mental health rating. That rating in itself should open the door to a few things since this causes the unemployability, and there are multiple other claims on appeal that will raise my combined rating. When my appeals go through is when I will really know how this will go though. I am banking on my back disability getting to 60% on it's own though, if my appeals go my way. My situation is a big gamble though and there are no guarantees.
I gather from the regulation that I will be eligible for SMC as well, time will tell though. Who knows more time on the hamster wheel.