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Senior Chief Petty Officer
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Fat last won the day on July 21 2015

Fat had the most liked content!

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About Fat

  • Rank
    E-8 Senior Chief Petty Officer

Profile Information

  • Location
    Ocean City, Maryland
  • Interests
    Washington Redskin Fan

Previous Fields

  • Service Connected Disability

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  1. I ain't a lawyer, but I will take a stab. The meaning pertains to not happening at the same time. So I guess they are service connecting the knees, but have an issue/question regarding when the individual knee disabilities originated. Definitely file the appeal..................
  2. This is the must know statement for anyone filing a claim. I wish I knew this on my first claim; however experience is good teacher.
  3. What is the 60 day time frame? The date to opt in if in the old system? After Feb. 2019 are you already in the new BVA lane/system? Would the 60 day period apply.
  4. Seems like you have 60 days from the date of the SOC to opt in to the new system. What if you go past 60 days, can you still appeal to the BVA?
  5. Excellent explanation of effective date being date diagnosed at C&P exam versus date claimed (injury noted on claim).
  6. I agree. Why not try to have hip service connected by itself? Or was hip a direct result of knee issue in service? Stay positive and you are on the right path.
  7. Veteran Group member was awarded 10% (MODERATE) left foot (painful motion). He wants to appeal for higher 20% (MODERATE SEVERE) or 30% (SEVERE). He wants to preserve his effective date of August 15, 2019. The VSO told him this: 1. The HLR would probably be another denial and add six months on the process. The veteran had a rock solid nexus, MRI results, good C&P exam, and a DBQ that stated veteran had difficulty with locomotion when standing. He thinks it will be another rubber stamp of the previous decision. 2. Reconsideration is a decent route where you can send additional information, but it wont protect the effective date and its treated as a re-opened case. He badly wants to protect the effective date because he allowed a service connected cubital tunnel elbow issue to close (2004) before reopening it years later (reopened 2012 and awarded service connection 2014) after surgery to fix the issue. 3. BVA appeal would protect the effective date and allow additional evidence. The downside is a 3 to 5 year possible wait. Which is the better route? I say BVA, but how successful are HLR reviews. If you go the BVA route, is a Form-9 still needed. The VSO said after 2019, BVA appeals no longer use Form -9 and there is new form. True or Not True. Can he still send Waiver of Regional Office Consideration Form? All comments are welcomed.
  8. This is a tough one due to no documented in service incident (stated medically as neck/back injury. However you do have an incident. Possibly can a neck/back specialist take x-rays or MRI (to confirm current injury) and can he opinion the incident more likely than not started the current injury. Its possible to have an incident and it starts a tear, strain, or arthritic condition years later. GOOD LUCK.................... NEVER GIVE UP.
  9. I'm a little more inclined to file Sleep Apnea secondarily to Sinusitis or Rhinitis. Literature supports the base line medical causation. Finding a sleep doctor whom agrees with the theory, is willing to fill out an DBQ, and provide a nexus/IMO is the toughest part. The actual sleep test results will speak for itself.
  10. What is the rating code for pain? Can pain be service connected by itself or does an injury have to be included? Can I CUE the decision if an injury was cited? I will provided the denial when I receive the BBE.
  11. My group member received the same message. Somebody keep us informed if it means P&T. He is service connected for his thigh (rod in femur), applying for foot issue (arthritis), and service connected for shoulder (torn labrum and impingement).
  12. Unbelievable..... Hopefully this a technical glitch and not file cleansing.
  13. Excellent advise from all. I personally would go BVA, but the HLR on the CUE theory is interesting as well. EXCELENT ADVISE by all. NEVER GIVE UP............
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