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lotzaspotz

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lotzaspotz last won the day on September 13 2016

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About lotzaspotz

  • Rank
    E-7 Chief Petty Officer

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  • Location
    Northwest Louisiana

Previous Fields

  • Branch of Service
    Husband is retired USAF Air Traffic Controller

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  1. If this involved records that were in the service medical records and thus should have been in the VA’s subsequent custody, File a supplemental review request, citing 38 CFR 3.156 (c)(4), which speaks to this in particular, I think. https://www.law.cornell.edu/cfr/text/38/3.156 In reviewing the claim based on that regulation, if the Rater sees your evidence supports the claim and the earlier effective date, that regulation speaks to a grant with the earlier effective date. If not, you will have options available to you through the appeal process. I don’t think this is a CUE. Obta
  2. On what basis did the VA find your independent medical opinion inadequate to link your GERD to the treatment you take for service connected asthma? If your private doctor can address that point, you can submit a supplementary review request if you want to try to keep it local at the Regional Office. If you can’t or don’t want to get new and relevant evidence, you can file a higher level review request with the Regional Office. If you no longer want the RO to handle it,, you can file a Notice of Disagreement, with or without new evidence, to the Board of Veterans Appeals in Washingto
  3. Someone asked me this and I hadn’t come across this before. The veteran’s VSO evidently used the wrong form to file the claim. The veteran did not know which form was used, but six months afterwards, the mistake came to light somehow and the VSO corrected it. If the claim is granted, has the veteran lost six months of compensation?
  4. Perfect example of "don't give up and don't die!" We're at 24 years and pending in our house. So glad you finally received your rating! Now, can we draw on your experience to help others just starting out?
  5. If the goal is to reach a 100% schedular rating from a current 90% rating, you'd actually need another 50% to get you to 95% (not 10%), which would then be rounded up to 100% schedular (not TDIU). Yes, a $10,000 invoice payable up front is a very steep hurdle to clear.
  6. The VA recently removed the "Reports" option from the MHV Blue Button that previously allowed you to access a copy of your C&P exam report, so this is no longer available. You also can no longer request it from the facility where the exam took place. You have to now present an FOIA request to Janesville, Wisconsin to get a copy of this report. I verified this through the ebenefits contact person and also the 1-800 Dial A Prayer number for the VA. I've contacted my Congressman to complain and I suggest that you may want to do the same. These are your records, your medical information,
  7. Get an attorney to represent you after the first NOD and your VSO will drop you so fast it will make your head spin. If you end up appealing a denial to the U.S. Court of Veterans Appeals, you'll find that VSO's can't help you at that level, and you'd be smart to have an attorney with some historical familiarity with your issues, anyway. Having an NVLSP attorney is nice, but not on a come and go basis playing ping pong with your representation with a VSO. JMO.
  8. Buck, I don't see the harm in your sending your evidence directly to the Evidence Intake Center at the same time as your VSO sends your stuff to the RO. If that's what he really wants to do, let him do it. Better for it to be redundant than sitting in a file at the RO until who knows when. Then there's always the question of if/when the RO sent it to the place it should have gone in the first place, the Evidence Intake Center. This way, you've got both places covered. As I said, better to be overly careful since you'd be the only one paying for your VSO's error. You asked what to send i
  9. Buck, let your VSO send it to the RO. You, however, should send the same info to your Evidence Intake Center via certified mail, or some other method that you can prove delivery, and don't tell the VSO unless he asks. Whoever logs it as received first is your EED. That should keep peace in the valley. For the record, I think the VSO is mistaken, but sending it both places should protect you, since you're the only one who would pay for mistakes your VSO makes.
  10. Many of us family members handle our loved one's claims because, for one reason or another, they don't have the physical or mental stamina to manage such a technically-driven, illogical, and exhausting task. They depend on us to handle things and protect their best interests because, as much as they should personally be immersed in the process, they cannot be. I think spouses and kids are often clueless at the beginning, so it's off to see the VSO they go. We started out years ago with a VSO, got the message fairly soon that no one cared about my husband's claims as much as we did, and I the
  11. I would advise periodically checking it for any surprise C&P exams that may be scheduled if anyone has a pending claim or appeal. You're supposed to be notified through the mail, but that doesn't always happen.
  12. I haven't seen the stats on Navy04's claim that we all know most don't have it but claim it anyway. Would like to know if there are any hard numbers available, or if this statement is merely anecdotal or an opinion.
  13. Retroman, have you already filed for Social Security disability? Assuming you have, then if the SSA focuses on one specific condition and grants benefits based on that condition, and if that same condition is already service connected, that would be the condition I would cite as the basis for TDIU. Maybe I haven't had enough coffee reading this over, but i didn't see where that was addressed, Fighting this exact same battle for my husband now at the Board of Veterans Appeals, and highly recommend attorney assistance if you press the issue. Funny how the VA asks you to perform your own o
  14. David Boelzner and Daniel Krasnegor, both with Goodman, Allen & Filetti.
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