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jbasser

HadIt.com Elder
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Posts posted by jbasser

  1. You just got plastered by the RO.

    Your effective date was after the surgury. Now if you have another doctors diagnosis stating the condition was diagnosed earlier then you may have a chance.

    You need to BVA this one and seek an outside IMO who can put the dates together for you.

     

    J

  2. The as least as likely as not means the Doctor is 50 percent sure you have OSA. He is forced to write it that way per VA regional office guidelines in rendering an opinion. That kicks in the Benfit of the doubt rule so congratulations should soon be in order. As for the date, write a letter and show the diagnosis date on ad. You should paid the day after you retired.

     

    Hang in there. It looks real good for you for your service connection.

     

    Jbasser

  3. Wingnut it was not by accident. Louisville is quickly becoming one of the worst Regional Offices in the US.  The C and P process is not really favored on a DBQ format. The C and P worksheet is a loaded gun in favor of the RO as they are allowed to ask leading questions to the examiner in order to enhance their point of view on the doctor or NP examining you.  The issue is really simple. Evidence wins claims and if you feel the least bet threatened by this process, Get a DBQ, call your local SSA attorney and ask them which MD they use for disability IME's. They usually will point you toward one. ( These Docs are usually occupational specialist so their opinions really count).

    The bottom line when dealing with Louisville is the plain fact that you have to be firm. Nice but firm.  

    Educate yourself on this claims process and you will be a better advocate for your claim and future claims while helping others who are in the process.

     

    Basser

  4. First and foremost I have seen this in real time. Your comp and SSA or SSDI benefits are protected from all creditors unless the creditor is a State of federal government/ This 2 month rule is not accurate as they are in violation of federal law if they do hold an account.
    (1) Payments of benefits due or to become
    due under any law administered by the Secretary
    shall not be assignable except to the extent
    specifically authorized by law, and such
    payments made to, or on account of, a beneficiary
    shall be exempt from taxation, shall be
    exempt from the claim of creditors, and shall
    not be liable to attachment, levy, or seizure by
    or under any legal or equitable process whatever,
    either before or after receipt by the beneficiary.
    The preceding sentence shall not apply
    to claims of the United States arising under
    such laws nor shall the exemption therein contained
    as to taxation extend to any property
    purchased in part or wholly out of such payments.
    The provisions of this section shall not
    be construed to prohibit the assignment of insurance
    otherwise authorized under chapter 19 of
    this title, or of servicemen’s indemnity.
  5. Hey folks here is a point I am going to make about firing a VSO and they ignore it. Officially file the form to file the VSO. An attorney will help if you hire one to represent you.

    Now after you have fired them, If They continue on getting your files and information. Guess what???

    If you have proof that has happend, You can file formal charges against them for Hippa Violation. They are not supposed to have your medical info after they have been fired.

    You can also sue a VSO. Hadit members have done it in the past.

    J

  6. Berta this sounds like the old bait and switch that Philly got caught doing.

    Time to turn up the Berta Motor and bring the heat.

    They are ridiculous. One thing about it is this. You cannot say you have seen everything with the VA. They are always creatively dreaming up ways to screw the veteran out of time and out of benefits.

    John.

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