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john999

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Everything posted by john999

  1. I agree with 71M10, Don't withdraw anything. What you can do is periodically check with the VA to make sure they are not waiting for some document you can provide. They held my claim up because they said they did not have a copy of my DD214. This was bull but I got a certified copy and provided them with it. John
  2. AO compensation is based on the date you file a claim and the date the condition is deemed presumptive by the VA. If you filed for DMII in 1980 and were denied because DMII wasn't presumptive you would have a retro claim to that 1980 date when DMII became presumptive in the 1990's (date ?), but I think you would still have to file a second claim ( I could be wrong about that). We were all exposed back in the 60's and 70's but until you file a claim you get nothing even if you took the AO Registry Exam that does not establish a date for a claim. I know it does not seem fair to me either. Papa Think about it. They make some guy with a heart condition wait 20 years to get SC just because the VA waits 40 years to make IHD presumptive. That vet deserves every penny. As for the rest of us they are just holding off and waiting for us to die. You know the VA does not do their own AO research. You can imagine how anxious they are to find that AO causes all cancers and just about all fatal diseases. Dioxin is one of the world's most toxic substances. We were exposed to it for a year at least.
  3. I think it is a mistake to get too hung up on this VAspeak regarding time frames for various functions in the claims process. You can drive yourself crazy when nothing happens. God created the universe in 7 days but they were very long days.
  4. I think if you have a blockage of an artery that supplies the heart that fits definition of IHD. IHD describes a number of conditions that cause heart attacks via stoppage of blood supply to the heart. Lipitor is used to lower cholesterol that leads to blockage of arteries to the heart.
  5. Even if you don't get SSD you can get your regular SSA in a few years.
  6. I think the VA will just say you should have applied earlier. Are you getting 100% from the VA now? If the VA knew you were on SSD solely for SC reasons they should have inferrred IU. I don't know if that rises to the level of CUE. Maybe consult with a VA lawyer. If the lawyer thinks you have a chance they would have mucho monetary motivation to fight your claim. I think it would be a long shot, but I am not final authority. I have a CUE going back to 1971, so I am taking my shot.
  7. Like Phil, I supplied my own award letter from SSD and my letter from the postal service showing my last day at work. I did not want to wait. I also supplied a copy of my DD214 since the VA said they did not have one. I did all the work for these lazy jerks.
  8. What about Vietnam vets, WWII and Korean vets who were discharged for emotionals disorders?
  9. What the VA does is say you are eligible or not eligible for Chapter 35 benefits. If you are eligible you are P&T. Plus, no future exams. You have made it out of the maze.
  10. I was in areas in Vietnam that were very heavily sprayed with AO, but I do not think I could prove direct exposure. Proving these chemical exposures is hard and the DOD and VA are not breaking their butts to make it easier.
  11. I would let the claim run its course. The VA works slowly its wonders to preform. They screw-up even simple claims.
  12. The fact a vet has to end up broke and in bankruptcy while waiting for a claim to be rated is a national disgrace, and nothing is changing as I see it.
  13. If you have been on SSD for ten years the VA will probably not go back to the date you got SSD to award TDIU. They may go back a year from the time you claimed TDIU. That is my experience.
  14. RO's do not really understand very well how to treat lawyers since they are not used to dealing with them. Last time I went to the DRO he had never had dealings with a lawyer before. He was way out of his depth. My lawyer had a 20 page brief. The DRO agreed with him but then edited it out of the copy that was sent to us.
  15. If you are going to beat the VA you need to stop drinking and smoking dope. This may relax you but it kills your VA claims. I know because I had a horrible drug abuse record in my SMR's. Self medicating is suicide to VA claims. I think it hurt my original claim even though there was plenty to justify 100% rating. I got just 10% because the VA shrink that examined me was a real straight arrow and wrote me off as a degenerate hippie drug abuser even though I spent a year in Vietnam. I really was self medicating but the VA may admit this is a symptom they still hold it against you. Many of the C&P doctors and raters have a fixed opinion of vets who use even a little illegal drugs. They think we are all alcoholics and dope addicts.
  16. I get cymbalta and the VA told me at first I could not get it. If you can do without the oxycodone that is good. It is very addictive and you become habituated to a dose in weeks and need more. I got lyrica before from the VA but it really did me no good.
  17. Captain You have been waiting a pretty long time haven't you? Imagine waiting for two years without a paycheck just to get TDIU much less 100% schedular. I could have waited until hell froze over because I had SSD, disability insurance and civil service disability retirement. However, I knew I was never going back to work so what the heck. I deserved the 100%, but I did not want another C&P exam for mental health. I am too calm so these VA doctors always think I am just fine.
  18. When you send in a claim you should get a VCAA letter pretty soon. If you don't get a VCAA letter the VA has already violated your rights as a claimant and this is grounds for an appeal down the line. Since I live pretty close to my VARO I hand carry new claims to them and get date stamped copies. Otherwise, I send certified/return receipt as the Captain says. You can never, never trust these guys at the VA to do the right thing.
  19. I have heard that the surgery for CTS is pretty successful. What kind of work do you do? It is usually work related like people who type all day or carpenters who hammper nails all day.
  20. Is you HBP award a new award? If it is then apply for the life insurance if you need it. Have you checked the private market? Are you a Vietnam vet? If you are and have DMII then appeal your denial. I would appeal the whole thing depending on how high my blood pressue was during service and how high it is now.
  21. A good IMO is the most powerful evidence you can have produced for you besides your SMR's. Vets who rely only on the VA for evidence are at a big disadvantage especially on percentages of disability. I think the VA almost always low balls a vet on the first go round.
  22. Captain I had a rating of 80% and I got an IHD rating of 60% and all I got total was 90% so it is very hard to get to 100% schedular except as a single 100% raing for one disability. I already had TDIU but I wanted to make sure that if I died from heart disease the VA would have to pay my spouse if I did not reach the ten year mark on TDIU. It is very hard to make these decisions when you are broke and waiting for a rating. If your rating is based on psychiatric thing like PTSD and you get 100% working is a problem anyway. If the VA finds out you are working with a 100% for PTSD you will probably lose it. I am using PTSD as an example. If you are getting SSD based on 100% rating from VA you can't really work a substantial job anyway. If you can't work and you have bills to pay many just can't wait for 100% if TDIU is available. I agree with almost all you say except desparate situations require desparate measures. John
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