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HadIt.com Elder
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john999 last won the day on January 21 2019

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About john999

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    HadIt.com Elder
  • Birthday 01/09/1950

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  • Location
    Tampa FL
  • Interests
    VA law and history of the Blues

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  • Service Connected Disability
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    history, computers, reading

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  1. I would advise keeping your claim as close to home as possible. The higher you go the more complicated it gets especially if you have a CUE. I pursued a CUE all the way even through the court system. It took six years to lose but lose I did. Evidence is all. If you can get it reviewed at the VARO level they can give you all you need. IMO BVA...COVA means years of waiting and they shoot you down over technical matters.
  2. Just hearing your VSO via VFW say their computer is down makes me want to tell you to get another VSO. You need to visit these VSO's in person. My opinion of VSO's is that they are ok to represent you at a hearing , but you must supply the evidence and see that VA gets it.
  3. When VA asks questions about your claim it is much better than having them just deny your claim. Give them all the information you have now. Don't hold back for appeals. Don't decide on your own what the VA needs or does not need. Send them what they ask for if you have it. If you don't have it try and create it via your own doctors. VA is the one that decides on initial PTSD claims so you must give them what they ask for.
  4. Also if you suspect malpractice get an autopsy. VA does not do them for free I understand. They bury their mistakes.
  5. Berta knows more than 95% of lawyers about 1151 claims. She has beaten them up so bad they turn white when they see her coming. If Berta could give you some tips that would help. She is very busy but she knows her stuff.
  6. With the VA you want to think long term. Set yourself up for more and greater disability compensation if you can. You never know just how disabled you may become. I have DMII. I think it will progress. I am hoping it won't but the day I have to take insulin you can bet I will ask for an increase, because that affects my life.
  7. These claims are a heavy burden for most spouses except Berta. Can you shop around for a legal eagle to help? The lawyers generally don't work unless they can collect via some kind of wrongful death or malpractice. I did work at the VA in 1984. I saw some shocking things. I transferred to the USPS. The people working at the VA at that time were idiots. They like to practice on old, sick and poor vets who were just looking for clean sheets and a warm place to die.
  8. If money is involved I would appeal. I got P&T and as years went by I claimed a couple of SMC's including Housebound. That is an extra $400 tax freer which probably is $600 taxable. Get every penny you can from the VA. If you don't get it someone else will. If it just means another 10% I would not worry. You are not being greedy if the VA owes you.
  9. Perseverance is the ultimate key to winning almost all VA claims. That is the Gospel! I have truly awful OSA which is not responding well to cpap and eveother surgical applications. Some days I feel so bad I wish I was dead. I still have hope, but I need a ton of encouragement to go through it over and over again with poor result. I would like to be compensated if possible but mainly just good sleep. I wake up feeling worse than when I went to bed.
  10. If you have a written decision that says you are 100% scheduler I think that speaks for itself. If you could get rated at 60% for other issues related to your joints that might be good for the SMC "S". Have you spoken to a shrink to explain how this constant pain is depressing you and harming your intimate relationships? I have not met one major disable person that does not feel anger and depression. These sorts of emotional problems can be compensated.
  11. Now I have four AO conditions including DMII, Heart Disese, P.N. in all four limbs, Chronic pain disorder. I think my high blood pressure is most definitely related to the other AO conditions. I take pills all day and I some times forget to take 10 pills at a time twice a day. I found the VSO's not very helpful and some downright hostile and dismissive. I saw a female vet breakdown into tears due to attitude of VA DAV counselor. They have nerve wanting 19$ a month to do what? So they can party hardy? I have been a life member for 40 years and they have done little for me..Hadit deserves 20$ a month since they actually help. VA knew I was out of work and never mentioned TDIU. It was a VA secret in 1970 I guess.
  12. The older the CUE and the more money involved the harder the VA fights. The laws change as well over time. What would be a CUE today was not in 1968. The whole burden of proof has evolved since then. In the old days VA did not even have to justify their decisions in writing. The assumption was that the VA did a "careful and complete" review of all the evidence. What a lie! I won a CUE regarding SMC "S" because it was as obvious as the moon and stars. Still, the VA made me file for my "S" money. That is a violation but you get no money for punitive damages. If you were cheated for 50 years you get not interest on the money.
  13. I had my old 1972 claim for 100%. I lost that claim because I was young and ignorant of just how screwed up the VA rating team was in my case. I was so dumb I did not appeal my 10% rating because I believed the VA had actually reviewed all my evidence. In those days the assumption was that all evidence sent to the VA was reviewed. At long last I could not prove that the VA did review my IMO's evidence. I assumed they did because they said they did. Not smart and I kick myself for not appealing the VARO decision to just grant me 10% based just on my very incomplete SMR's. The Army lost half of my records including my last duty assignment and all records of basic and AIT. I was in the hospital at for six weeks and the Army and VA lost those records. Half of my Vietnam records were lost. In those days vets did not usually ask for their medical and personnel records at ETS. I was so happy to get the F**k out of Dodge I did not even think to ask. What this means is that every vet should appeal any decision that does not grant all benefits sought. Don't settle! If you want to go back 10 years later it is very hard even with the best of evidence. When you file a CUE you no longer have the benefit of doubt. This is important because now VA sees you as an opponent to be crushed. They will crush you unless your CUE is perfect. Berta is the master here and can weave gold out of straw. Her record of CUE's impresses me!
  14. Remember that a CUE is a very special kind of claim with very harsh rules that do not favor vets. These are claims for which their can be no doubt or judgement. I did file a couple and lost one after 7 years at the Court of Vet Appeals. It was obvious to me and my lawyer but not to those monkeys at COVA. When you get to COVA VA lawyers can twist any doubt or judgement into a hangman's noose for you. The error must be obvious to a six year old.
  15. I have a herniated disc in my neck. It causes me a lot of pain when I type. I don't want to get surgery so I have to limit how much I tap away on the keyboard. I have had so many opinions on what to do about it. I will be on here as much as possible. I think about you guys. I am somewhat behind in every thing. I can give my own story of pursing VA benefits for 45 years. I have gotten my TDIU and three SMC's over the years so there is hope for 100% benefits and extra money no matter how old you might be. Back in 1972 when I started to claim benefits the VA system was so corrupt and worthless. Maybe if is better now, but I doubt it.
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