john999

I have used a lawyer and he compares very well with an overworked VSO. If you claim in complicated get a lawyer. The VSO's just don't have the brains or time to deal with complicated appeals. VSO's are primarily paper movers. You give them paper and they send it to the VA. I can do that myself.

papa There is no presumptive link, but that does not mean there isn't one. If the VA is not looking for such a link they will never find it and they are not looking. You know the VA does not do its own research on agent orange. They wait for the IOM to do it. Who funds AO research? I don't think AO victims are a high priority for the funders.

I think you can but it must be job oriented. You have to convince them you can't make a living without more education due to your disability.

When you get your rating on IHD I would use Nehmer to ask for EED. Under the rules in existence at the time maybe there would be a CUE. If they don't back date the claim I would think on it. If you are asking them to reweigh the evidence that won't be a CUE. Talk to a legal eagle and see if he/she thinks it is worth the ink. I think you have little to lose if you do file the CUE. The VA will probably deny it no matter how good it is then you can start appeals.

I am not really sure the VA wants a vet to be able to see into the claims process. What would they find: mistakes, errors, delays, incompetence on vast level. As long as the process is in a black box we can't see it and know how bad the process. My initial claims usually look like a 6 year old did them when I get the rating back. My doctor can't understand it. I can't understand it, and my lawyer can't understand how they got the end product.

Jhawks You got to get a doctor to connect all the nexus dots for you. You cannot leave any blank spaces for the VA to slide in an alternative reason for your hand problems. The rater does not think beyond the regulations. You don't want any leeway in your evidence. You can win this claim if you get the right medical opinion.

Where would a 29% error rate be acceptable? Only for America's heros when they ask for compensation.

The C&P scam has happend to me more than once. The VA did not even bother to send me a notice about an exam. I won on appeal, but how many just give up? I got my drugs late yesterday because after 15 years the VAMC still gets my address wrong.

What I know is that if your rating became final the only way to change it is usually with a CUE. If the claim has remained open for years due to VA's neglect it is easier. If you filed a claim in 1990 and it remained open until you recently got an award then the ED should be 1990.

If you got any combat awards send copies. If you got a CAB or CIB that would seal the deal. If you were in combat arms unit or saw combat and can prove it that is your stressor right there.

If you are already SC'ed for arteriosclerotic heart disease is it possible to get SC'ed for IHD as well? Would the VA just combine these disabilites under one or the other DX? Are these two diseases differenct or the same thing with another name like CAD? Would the VA be likely to call us in for C&P exams for the IHD claims?

If the VA treats your claim as a CUE it is much harder to prove.

Time to get a doctor who will say back pain is secondary to flat feet. This is not rare, but the VA won't say it. People with severe flat feet often have back pain and knee pain and even hip problems. Hire Dr. Bash and get all these things connected along with chronic pain disorder. This way if Pete does need a scooter or more help at home with higher A&A he can get it.

The bilateral factor is not much anyway. It affored me about 2% extra for all four limbs.

I am rated actual 93% rounded off to 90%. What do I need for 100%? It does not matter much since I may be better off with 70% IU and 60% to get SMC "S".

I think getting SC'ed for Hep C is a big deal. How did you do it?

Apply for IU yesterday. Appeal the 50% and show that you are unemployable.

What gets me is this: The military can discharge you for personality disorder. The VA can disagree and award you 100% PTSD to the day after discharge and that is perfectly OK. This encourages the military just to toss sick people out on their ass and let the VA worry about it. You get a corrupt process in the military and it allows the military to avoid pension benefits to sick vet they discharge for bogus reasons. I know because it happened to me. After and during Vietnam the army did this thousands of times to soldiers that had PTSD symptoms. Try and get them to change a honorable or general discharge to a medical with pension. They will call you every dirty name in the book and spit in your face to boot.

I am 90% IU and getting the last 10% has been almost impossible for me. I would have to have some new serious AO condition or secondary condition to get the 10%. It is not worth thinking about.

Papa I think you are right. Once they accept you they are saying you are fit for service. If they do not note anything in the records they don't have a leg to stand on IMO. If they could get away with it they would say everyone has pre-existing condition or perdisposition for some injury or illness. If they ask if anyone in your family has ever suffered from any form of mental illness they could say you have genetic factor. They can't do it even if they try funny business.

I think I would just ask for a personal hearing on your claim. It takes a long time for the VA to actually certify your claim to the BVA. You may get another bite at the apple while you still have a shot at the BVA. The key is to get a personal hearing and not just a review by some faceless rating officer. I would write a letter asking for the hearing and ask the VA to delay your BVA appeal until you get the hearing. I did this myself. Yes, and if the VA uses a MD to do your c&p it will top a chiro, so get the ortho to do the IME.

If your shoulder was hurt in combat you are supposed to get the benefit of doubt about the injury. If you say it happened during combat and you have any evidence at all the VA is supposed to give you the benefit. If you don't get it you must continue to appeal and gather new evidence if you can find it. Don't let the claim die. Hire yourself a vet lawyer and take it beyond the VARO all the way to the court of vet appeals.

Now that you have SOC you go to an ortho and get opinion that rebutts exactly what the VA has decided. The ball is not in your court again. Ask for another DRO Hearing or maybe even a reconsideration based on the new evidence you are going to get to rebutt the VA rating decision point by point. You need to go to MD's for IME or IMO. Forget chiros and PT's. Get a Personal Hearing with a decision maker. BVA means two years to get there. This thing is a game. The VA bats the ball to you and you bat it back until you win. Those who win are those who don't give up.

If the military did not note it on the exam you didn't have it on entrance. I think that if you get into a battle over pre-existing conditions this is a time to call a lawyer because this can go on for years. The case of personality disorders is a perfect example. The soldier is in for three years and then is kicked out due to PD. This is a supposed pre-existing disorder. So why did it take the military almost three years to find out? The soldier comes home from combat zone and now he has a PD. What BS, but the VA and military cling to it.

If you are dealing with the VA you probably have to claim whatever you want. If you are 100% schedular and a good part of that is due to a psychological disorder then working will present a problem if the VA finds out you are able to work. If it is all physical stuff then 100% should not matter. Can you work? If you want to work and are able to work then don't apply for TDIU. Have you filed a VA claim yet? The TDIU you have to ask for if you don't reach 100%.