NavyWife

Anyone who has documentation of permanent disability (civilian or veteran) can obtain free access to national parks at www.nps.gov

Thanks very much prospector! I will definitely contact him. It was so disappointing to wait & wait & wait only for a response that there was no record of the accident.

It's so great Tbird made this site for veterans to help each other by sharing information.

Hang in there guys. I believe you will get fast results if you email or call the New VA Secretary Robert (Bob) McDonald = As Notorious Kelly!mention!
I hope you guys hear something soon!

John,

Really sucks what this bureaucracy has put you thru and I'm surprised vets don't go postal over it.

Please summarize your experiences and send them to the new head of the VA: Bob robert.a.mcdonald@va.gov and 513-509-8454

If that doesn't produce satisfaction in a reasonable time, go to the media.

Please don't give up for both yourself and all vets!

If you were diagnosed with in a year of your discharge I do believe you will be service connected.

I emailed Sec. McDonald the 2nd week in October and sent updated info and Motion to Advance to BVA Oct. 17th. Today I spoke with BVA attorney after I saw our appeal was pending dispatch, he said we won our appeal and that it was P&T. He said we should have our copy of the decision by the first of next week. Will post in Success Stories once I have it in hand.

NavyWife - I sent a second email about 10 days ago. Time will tell. Thanks for asking, tho!

pr

NavyWife - The "poking the bear" is the same bullshit fear tactic that my DAV VSO laid on me in 2002. Following that advice did absolutely nothing but make me lose a decade of benefits after the VA denied me on the first go round. I reapplied for tinnitus and a messed up left knee this last go around in 2013 and both were approved utilizing the exact same information that was in my records from the previous attempt.

If you have solid information then don't be afraid to use it and ignore the naysayers. The VA and the bootlicking veterans who espouse being happy with the crumbs their master provides them should be drug out and shot. You have to be willing to fight and go the distance!

I know you're an intelligent woman and a fighter so stick with it!

Richmc: Show U the Money! If you haven't already done so, not unusual, get educated regarding VA IU. You aren't Scheduler yet, but getting close. If your "earned income" is in the area of $12,500 or so, let the VA know that your SC is causing you problems working and earning above the VA Substantial Gainful Employment Earnings.

Srisaata has it right. Your not a Dr or VA Rater. You file the claim, the C&P does his/her magic act and then it's up to the rater to determine what is possibly Secondary to a SC condition. When you file the claim the VA is supposed to consider any claim filed as a request for compensation for any and all possible SC condition or secondary or aggravated by SC condition that you might have. As any "New & Material Medical Evidence" becomes available, get it in to the VA. This N&M Evidence should trigger the VA required Review of your open Award/Denial by a Sr VA Rater or DRO. If it doesn't get you an increase, you'll receive a Supplemental Statement of Case.

Semper Fi

Gastone

Knap: Recent Award for SC @ 10%. Look at the Rater's reason for 10% and compare to 38 CFR 4. In your lay opinion what should your SC % be?

As for "requesting Reconsideration," the submission of any and all "New & Material Evidence" will trigger an automatic VARO Review of your Award/Denial by a Senior Rater or a Decision Review Officer (DRO). The VA regulation requiring a VARO Review triggered by the receipt of any and all New & Material Evidence continues up to the transfer of your Appeal to the BVA. You can use the VA Statement in support of Claim to submit you New Evidence.

Even if you file a NOD requesting a DRO Hearing, the N&M Evidence Review still applies. The only basic difference is "Deference" to original decision. The Official NOD DRO Review is "De Novo" without "Deference" to original decision. This is what you want, not your asking the original rater to "Reconsider" his original decision. Like all of us, you probably didn't have all the necessary evidence to support a higher rating submitted with your original claim. Even if your N&M Evidence does not get your SC % increased (No idea how long from when you send it in, for response) keep that NOD Deadline in mind. You miss it and the Award Decision is final and you would have to file a New Claim for Increase and loose any potential Retro pay. For that matter, File your NOD now, requesting the DRO Hearing "I decided on an Informal Hearing and it worked". It took me almost 4 yrs to get the hearing.

Once the VARO has completed the Automatic Review of your claim, you'll get a Supplemental Statement of Case if your original decision is continued. That SSOC will discuss your N&M Evidence and why it wasn't as compelling as you thought it was. While all this is going on, get educated on the VA Claims system.

Semper Fi

Gastone

Gastone just glad you had success at the DRO level me I ask for a dro review only

once and it didn't go well for me. The appeals that I have now is about four years since

form 9 that the RO held on their desk for four years. I have one contention with this

appeals an early effective date for TDIU about 6 years of back pay or a quarter million

dollars in cash. I file my own claims, I do my own research about my filling , and I always

leave a paper trail of treatment records and doctor opinions behind for them to read or destroy

So my appeals has been rough road but I will do what ever it takes to win I will use every weapon

we have to use CONGRESSMAN, PRESIDENT,BOB,LAWYERS,DOCTORS doesn't matter who

like it or who gets mad. I never give up

All,

I can honestly say that SEC Bob McDonald aka 'Bob' really cares about Veterans. I met him while having a conversation with another Veteran. He just stood there and listened to our conversation. Afterwards he introduced himself...my mouth almost hit the floor!!! He thanked me for my service and asked for my phone number!!! A day later he called me to follow up!! Please note I am already 100% but I have an issue with my effective date!!! Instead of being dated back to 2000 on some issues the VA ONLY paid me from 2008!!!! We are talking some major chips!!!! Well my 'new' buddy 'Bob' is all over it and it also helps to live in the DMV!!!!

KEEP FIGHTING FOR WHAT IS RIGHTFULLY YOURS.....YOU'VE EARNED IT AND DESERVE IT TOO!!!!

RLJL
100% DAV

Yea Buddy, Good stuff.

He did me good too. One email to him, and I had my dependency claim completed in 3 weeks, after waiting for over 4 plus years.

He is a good man, and I truly believe that he is trying to clean up the system.

Good useful info NavyWife.

No, no do not click the SUBMIT button on the last page!

Just exit out after you look at your percentages in the "disability" section.


You can start the new claim now just to look at the percentages. You don't need to wait for the letter.



Sometimes they defer something if it is going to take longer to decide than the rest of the claim.

Congratulations on the 40%

What you have described sounds like they deferred or put off deciding on one or more issues.

There is an easy way to see what they have rated you at in E benefits. Just start a new claim for disability compensation. Proceed through the pages until you get to the disability section. There it will tell you what your current percentages are.

Navy: When your at 90%, getting a bump needs a new condition rated @ 50% to get to 95 round up to 100, very difficult.

I filed for IU w/in 1 week of getting PTSD rating and "Infered IU Claim" pending notification with the PTSD rating. IU denied 09/12, NOD 2 days later, Awarded IU at DRO Informal Hearing 6/27/14. Big help at the Hearing was a VA Vocational Rehabilitation Denial letter stating that my attempt at VA Voc Rehab was not successful due to my SC Conditions. VA DRO said the Voc Rehab letter is a DEAL maker. A VA professional Employment Rehabilitation Expert has decided that you are currently unable to be retrained in any field to get "Gainful Employment Income." (Currently the US Census poverty level income for (1) person $12,???.00) File now for IU. Check out VOC REhab, depending on how screwed up you are, you may be able to get a Denial Letter in short order.

A Vet that I assist got the Denial Letter at his second appointment. He's still waiting on his NOD Hearing, but he got his State property tax exemption for 13 & 14, big bucks, based solely on his VA Voc Rehab Denial Letter as proof of his status as SC 100% Unemployable. He's @ 80%. I just talked to him regarding the "Letter" and found out he was sitting on it, going to present it at the DRO Hearing. Big mistake, next day he sent the Voc Rehab Denial Letter into the VARO as "New & Material Evidence" to support his IU claim. This should trigger an automatic VARO Review of his IU Denial by a Senior Rater or an actual DRO which I believe will reverse his denial. This should take place in a much shorter period than the NOD DRO Hearing. This automatic VARO review is not an option, it's a VA Regulation.

Semper Fi

Gastone

Yay! Time to relax!

Happy to hear another "email Bob" success story.

In a speech he gave, he said he wanted to win veterans trust back-- one veteran at a time. He is doing a good job of that!

Thanks, Navy. I have a tendency to overcompicate things. Simpler is better.

Not much detail at all. Your name, phone number and your claim number or Social Security number. Then a very brief summary of what you would like awarded. Perhaps just copy and paste from your 2nd post above. Usually someone will call you if it's complex, like yours. Then you can explain it to them. If its something simple, they might just complete it, then you would get a call or email, saying its completed.

Well Ladies, and Gentleman. The VA has finally finished my claim. Last thing that was lingering around was my dependency claim which was being backdated to 2013 win I was awarded 100%, when in fact it should have been Sept 1,2010 when I retired.
Ater a brief email to the Sec of the VA which I sent out about 3 weeks ago sparked a fire in someone's seat, and my claim was decided, and backdated to 2010.
I really appreciate everything you guys did for me in guiding me to success.
I am done with the VA now.
Thank you so much Navywife for suggesting I email McDonald.
Thank you Jesus, and Thank you guys.God Bless.
Aggie.

Usmc
If you have to file, go chapter 7 not 13. I filed 13 5 years ago and paid it off on time and I still don't have my discharge papers. Also, since you are 100% P & T have you talked to the Social Security people about SSDI that may give you more money.

Britton
I don't what state you live in but some states have a time limit on debt collections. I know Florida is 20 years.

Bronco: In the 70's when I worked for a major Finance /collection agency, a Chapter 7 Bankruptcyby a cliant was referred to as "The Cure." All collection activity must be halted once notification of the actual filing taking place is received. It still is the main Financial Cure for consumers finding themselve in a debt hole that they can't climb out of. It can be of great assistance if used properly. You need to get yourself educated regarding your State's VS Federal Bankruptcy rules and regulations. You'll see and hear adds for as low as 4-$500.00 for a Chpt 7 filing but you get what you pay for. This is a very serious undertaking and I wouldn't recommend trying it on the cheap. Check out recent stats on Chapter 13 Bankruptcy, unless they've changed drastically in the past years, most 13 Plans end up failing and the debtor has to file 7 later rather than sooner. 13's cost more to begin with so be absolutely sure of what your doing.

With all that lay opinion said, get off the dime and get a couple "FREE Bankruptcy Consults" from actual Bankruptcy Attorneys. After a short visit you'll have all the cost and exemption info down. If they all agree on the same way of handling your situation, your good to go. You'll be able to make an intelligent informed decision. For probably less than $2K, you can get the fresh financial start and the weight of the world off your shoulders. Talk to the lawyers regarding your VA Comp, generally speaking it's untouchable to a great degree. You'll feel better after getting the 2-3 lawyers take on it.

Semper Fi

Gastone

I never have filed Bankruptcy...but about 30/35 years ago or so We purchase a 50 in projection TV from Sears when they first came out and had problems with it the 3 years I had it.
We finance it for three years, made every payment and it went out,,, I called Sears and the warranty run out and I ask what my balance was on it? that it should be close to paying off?.. and it was still a ridiculous amount bout half what I originally paid for it.
Sears refused to repair it, I called them said I was not paying another dime on it they said Well we will just have to come pick it up I said come get it.....& .. that's been over 30 years now and I keep getting bill collectors calling...GRRRR....
What they do they sell that account if they can't get results they sell it to other collection agency's ..No results they they sell the account and it just goes on for years and the calls keep coming they never give up.
I think the TV was close to 900.bucks back then now the account is around 10.000.00 bucks from acured finance charges and late fees...We just ignore their calls and its not hurt my credit rating (maybe at first it did way back then) but 5 years ago we purchase a new house with VA and since the rates are down we refinance it got cheaper payments. I refuse to pay it. and I won't...I told all them bill collectors to sheve it up there assperallo!

And keep these bankruptcies in mind:

American Airlines, General Motors, Donald Trump, Texaco, Six Flags, Reader's Digest, Polaroid, Purina, Mike Tyson, Burt Reynolds, Kim Basinger,..and a million others: http://www.angelfire.com/stars4/lists/bankruptcies.html

So- you're joining the ranks of the rich & famous. (Bankruptcy is only awful when WE do it! )

Punch out and rebuild, brother!