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63SIERRA

Master Chief Petty Officer
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Everything posted by 63SIERRA

  1. it can be sent the same day it was done,., thats what psyc doc said he would do last time we went. it was the second MH claim C&p and was very short .
  2. heres the question , yes you had HBP for years before they DISCOVERED you had kidney cancer, but how are they sure a cancered kidney was not a contributing factor to your HBP. Also you should be getting much more than 20 percent for your spinal injury.
  3. As I suspected in the beginning, RAMP seems to be first and foremost a scheme to manipulate the number of claims on appeal at the BVA. The more claims pulled out of the traditional appeals program, and put into the ramp, the better it looks for them... ..... The regional offices seem to make some sort of initial contact with the veteran to give a sense of hope, then they disappear into the wild blue yonder. Now that jobs are on the line for Non performance, corruption, incompetence, ect, it seems the VA is inventing new ways to pass the buck down the line. All good crooks appoint underlings to take the heat for them. The bottom line is as long as the regional offices continue to mis apply the 38CFR and deny veterans compensation that the law says they have earned, things will never improve. Veterans will just keep filing appeals, keep filing additional claims, and overload the system.
  4. the rating codes are SUPER critical because some codes can only garner a certain percentage. so guess which codes the VA will stick you with...
  5. has anyone ever filed and won a claim for neck problems due to long term use of the heavy kevlar helmets being used nowdays,. I have lots of neck issues and sometimes wonder if the long term wearing of an extra large kevlar helmet took its toll on my neck. While being deployed during the desert storm/shield campaign, we wore the helmets almost constantly for the entire 5.5 months we were there. only taken off while in the tent to sleep/shower/ ect. That adds up to ALOT of hours ac cumulatively wearing an ill fitting heavy object on your head.
  6. Many times it seems the VA will attempt to down play your most serious and permanant disabilities and try and send you on a wild goose chase for other issues. They are looking LONG term. VA doesnt like the idea of paying a 25 year old veteran 3 grand a month , free total healthcare, possible chapter 35 benefits, ect for the next 50 years. The govt should think of that before they send us to war for 15 years with a country that could be annihilated in 3 months. (Iraq).. You cant stay in a country for 15 years trying to figure out who the enemy is,, we learned that in Vietnam, yet we repeated it. You see heres what happens when the shit gets real heavy,, the non combatants will leave.. Why did it take 6 months to DESTROY Syria, yet we camped in Iraq for soooo long.. War is BIG business. Our country has become the millitary industrial complex that Eisenhower warned us about. Many politicians are invested in the defense sector and make bank when the young men in this country go bleed . Like the song war pigs, from Ozzy says " politicians hide themselves away, they only started the war treating people just like pawns in chess they leave the fighting for the boys..
  7. The VA needs to fire the RO person who set up the exam and did not demand an EYE,EAR,NOSE AND THROAT doctor for this veteran . its all a big scam. GERD is very serious, ive had episodes at night where I was choking and was thinking I would die. its very scary. I couldnt clear my throat and lungs felt full of acid, just fighting for breath.. almost passing out.. afraid to go back to sleep.
  8. http://www.danaise.com/understand-the-new-rating-for-back-and-neck-spinal-disability/ the disability testing for spinal issued was developed after WW1 and remained unchanged until a couple years ago. VA was hesitant to use new testing that would garner higher ratings. make sure they are rating you under the correct diagnostic code. VERY IMPORTANT.. Most veterans have spinal issued due to service but VA isnt too keen on service connection. beware of getting rated under the wrong diagnostic code that has limited comp percentages!!! or doesnt allow for secondary conditions, I.E cervogenic headaches, radiculopathy, ect
  9. there id ALOT of good info here. http://www.danaise.com/understand-the-new-rating-for-back-and-neck-spinal-disability/
  10. listen up, there is a computer in the CPAP machine, they can call you in to "calibrate" the machine in a month or 2. they put a card in and pull the data. Ive heard of vets going to the VA and swearing they use the machine every night, and the VA pulls the data and sees that the CPAP machine was never even used. Dont get caught short. use it . They pulled the data on mine and could tell ALOT. how long I apnea, how many times, how long I slept, ECT . You can bet your lucky marble though, if they pull data and you arent using it, they are going to put it in your file. Sleep apnea is a claim the VA would love to see go away. I believe somebody made ALOT of money selling the VA all of the machines.
  11. haha, yes I know.. being patient in as system designed to stall is very hard. yesterday I saw on the news that it can takeas little as abt 5 months to make someone who is a migrant, to become a citizen of the US. Yet the US govt finds it ok for veterans to wait 3,5.10 years to get thier claims done. It is not a priority. When the govt wants to get things done fast. they surely can move fast. If there were no money or benefits involved there would be NO backlog. The RO would be like the maytag man commercials. Sometimes whether or not you get service connected has little to do with your claims, the numbers of vets service connected are throttled. I think its an attrition thing, when a vet dies, a comp slot opens. The GAO tracks the money being spent. There are budgets within the govt that do not even have to report thier expenditures and every year, the GAO cannot acct for all or even most of the money spent. There are black budget programs that spend millions without accounting for it. There are MANY who have thier hands in the pot. I believe alot of the money that is supposed to be spent at the VA on veterans get squandered by organizations that have no connection with helping vets at all yet that money gets taken out of our piggy bank. Its a free for all of fraud waste and abuse.
  12. here is something else to consider.. there are alot of very expensive new medications available, many are on the VA Pharmalary list, but they still shy away from giving them to you. The VA will always put you on the cheapest meds available, even though there may be something better. I was prescribed Lyrica from an outside provider. Went to the VA pharmacy to get it filled in Temple tx, and they lied and said that it wasnt on the pharmalary list. After proving to them it was on the list, they then said a panel of DR s inside the VA had to vote on the matter. EVERY time I went to get it filled they fought me over it because theres no generic and its 1.000 dollars a month.
  13. no you cant demand anything, its thier sandbox and toys.. you must coheres them.. Lol
  14. a hearing is just a hearing, its not an end all final anything, I would show up and pull as much info out of them as you can. you could start like this... Ok in order to avoid redundancy, I would like to know what evidence you have in your possession in my C file that is rellevant to my claims. Also what is it exactly that is needed to win my claim.. (by law they are supposed to tell you).. You can keep things very generalized and dont fall for leading questions that could harm your claims. only submit evidence to them that you know is beneficial to you. if you cant pull any info out of them, you can request to end the meeting and reschedule to a later date. Dont tell them you cant get ahold of your attorney or your service org guy is ate up and has checked out, . just tell them you are in the process of gathering additional evidence.
  15. Heres my advice, if your farting around with any of the major service organizations you are not in good hands. MY OPINION.. They they have " free rent" inside the RO.s that should tell you something, and the VA recommends them, to the vet. that should tell you something else. Ive had Texas vet, VFW, DAV, they all wasted my time. Thier system is somewhat compartmentalized. They seemed to want to decide what my rating should be. I think the VA tells them to tell the vet, to be happy with what theyve got, and suck it up and drive on. Now for service connection. a spine injury can garner so many claims its amazing. really. radiocapathy. cervogenical headaches, nerve pain, depression due to constant pain.sleep problems, tiredness, and on and on and on. usually though the quickest path to the promised land is TDIU. get yourself at least 50 for your spine, file for TDIU PERMANENT AND TOTAL. Try to get treatment for your spine outside the VA system thru the choice program.
  16. there has recently been actions at the VA with plans to rate PAIN in its own separate stand alone category.
  17. if you get a call from the VA asking you to confirm your bank account routing number and information... theres abt 99.99999999 percent chance you won..
  18. listen, were any of the injuries are ailments or aggravation of any injuries or ailments you claim occured during a theater of active war? in a combat zone in which you were deployed? IT doesnt have to be a combat scenario, just being deployed in an active hostile warfighter situation gives you ALOT of credence to your claims. The VA basically must take that testimony as true! Unless you claimed you were on a supercarrier fighting the Iraqis off the coast of Arizona.
  19. """not being able to appeal to the Board until at least February 2019. "" The info I have on our ramp papers say october 2018. Heres my take on ramp from an active participant point of view. First and foremost, I think its is an attempt to keep claims out of appeals. second I think it is an attempt to try and appease POTUS third I think it is an honest attempt to get some claims wrapped up third it is a free and fast "bite at the apple " as ASKNOD would say as far as negatives there are really none that I can see, unless your RO is just whiskey bent and hell bound on denying your claims, at which you will be just adding more time onto your claims.. The alternative is likely a 4 year wait, but the chance of a favorable decision is greater. I believe due to the protocol the RO must follow, and thier lack of a broader brush to paint a path to victory, many times, moving your claim out of the RO might be your best bet. I dont think the denials are always a malicious component, its just the system, and lack of expertise .
  20. almost every shenanigan that can be pulled on a veteran has been pulled on me. The only thing I can think of that they havent done is lost records. Ive always kept them so that never was an issue. I always had a full copy . even now, I get records from my VA regularly. every stale fart ive ever cut is on record, and I have a copy!! DOCUMENTATION IS KING!
  21. you can win this.. EVIDENCE wins cases, not attorneys.. Attorneys just point out the evidence that wins cases.. you know what they are doing.. you see its almost like a game.. At the RO they know.. they know if you have a winnable claim the minute they look at it.. they have been doing it a long time.. Then you must show them YOU know you can win, and it is at that time they may or may not concede. In the big scheme of things, the Neimer actions that got thousands of vietnam brother rightfully paid, and the flood of claims coming in after 14 straight years at war is just overwhelming the VA.. they will deny a claim if they can get away with it.
  22. in 2004 I has a 0 percent rating for liver disease. I became very ill as a result, and went on 52 weeks of chemo. AFTER the treatment, the treating physician set up a CP exam in the VA hospital, to get me reassessed to the 40 percent rate. They screwed me out of 52 weeks of 100 percent, but this shows that it is the doctors responsibility to report your current state of health. thats why they get a list of what your service connected for. you could file a claim saying that your records were available and the VA did not fullfill thier duty to assist. you had no control to make doctor report to RO that your condition had worsened.
  23. inferred claims are tough because the RO is always going to say they had no knowledge that the condition worsened. although someone at the hospital is supposed to tell them. that may be the best angle to take. if they knew at the hospital u were getting treated at, and the va hospital didnt inform them, then its certainly not your fault.
  24. what regulation in 38cfr says that SMC should be inferred when winning a TDIU claim.
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