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Wayne TX

First Class Petty Officer
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About Wayne TX

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    E-5 Petty Officer 2nd Class

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    Dallas, TX.

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  • Service Connected Disability
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  1. Great info Berta....thanks.....I will let you know what I find out.
  2. So true Berta......I am always impressed with the advice you give and the time you devote to helping others. I certainly pay attention and learn. I got an IMO from Dr. Anaise for Sleep Apnea and he threw the kitchen sink at VA......over 50 pages of medical related rationale topped off with a "more likely than not" medical opinion. Still waiting to see how that shakes down now coming up on two years since that NOD was filed and no SOC has come into play. Two years seems like a long time since I already got SOC back on two more 5 months ago and responded with a Form 9 right away.. Something is not adding up why this NOD is still not moving forward one way or another.........any suggestions? I tried calling the 1-800 and got the still under review standard line brush off.
  3. I also submitted a RECONSIDERATION to my RO because I had actually qualified for an increased based on VA criteria at the very same time they agreed I was SC but 0 percent compensable. It worked for me and actually worked fast......got a bump from 0 percent to 10% and it took only 90 days from filing to awarding. It is definitely a way to go if you have rock solid evidence. I dodged the bullet there not having to file a NOD and wait another 2+ years to get the very same exact result. I say go for it still keeping the 1-year rule to file NOD clearly noted. If they don't get back to you on a reconsideration or keep it sitting in gathering of evidence after 10 months I would personally submit NOD then. Good evidence gets good results but it has to be strong, new material and indisputable.......not that you just feel it was not right and want a a do over.
  4. I got an IMO from Dr. Anaise for Sleep Apnea appeal.......it was very well done full of rationale and medical documentation. I'm talking 40 pages here. I highly recommend him if you need a high quality strong IMO. I don't anything about Dr. Bash other than heard others say he puts out strong IMOs, too. .
  5. Anyone Use David Anaise Md Jd

    MarkInTexas.....your strategy is exactly my strategy when I apply for TDIU.......IME/IMO with Dr. Ellis backed by a Anaise IMO/Lawyer. Got the IME in play and two MD's in your corner. I'd say that would be a very good hand in a game of poker with VA.
  6. Buck.....I'm feeling confident in Sleep Apnea being granted at some point in time........a very strong case with the new evidence of one MD flat saying "more likely than not." I have waited this long so what else is new? I'd rather have more strong evidence sitting on my plate in Waco even if it makes the process longer than do absolutely nothing and know at some point a SOC is likely coming my way adding yet more wait time for a Hearing date to roll around. I really can't see how adding strong evidence at any point in the process before a SOC is issued is not beneficial when nothing has been moving anyway. I'm thinking at least it might jar them into remembering I'm still here, and let the DRO know he/she still has three NODs tucked away somewhere on their "I'll get back to it again one day" desk.
  7. Gastone......I am certainly interested in this info.............Buck, I'll look back for the VA M21 info regarding the Receipt of New & Material Evidence and the requirement for a Determination either to Reverse or continue the Denial. I figured submiting late N&M could throw them off, but it was STRONG IMOs that could only improve my position since they never even got around after 20 months now on this particular NOD (Sleep Apnea) to inform me of anything.........I had 5 appeals total and only two after 18 months time came back as SOC and were both responded with Form 9. The other three at VARO the VA has not contacted me asking for more evidence, nor to this day have received a SOC so I can only assume they can't decide or still gathering evidence? What I'm saying, I guess, if they have not sent me zip after 20 months time now yet 2 of the 5 have been SOC denied again by RO they must be having a hell'va time trying to decide how to decision the other 3? My logic came down to even being "LATE" can only help them to decide at some point in time............20 months is ridiculous to be left in the cold on three of the 5. If I had not got the 2 of the 5 back as SOC denied again then I would still be thinking they have not decided anything yet on all 5. I know they have not fallen through the cracks because of the two SOCs sent 3 months ago. So what kind of added time is it usually? It would seem to me if RO still has all my files for the remaining 3 with no SOC response to date how can sending late evidence be treated as added penalty time for their non-actions? Just curious. All ears!
  8. Vync....I have no earthly idea where those few guys who witnessed the fight are today or even if some are still alive or even made it out of Nam. This was not really much of fight to remember because after about 10-15 punches thrown it turned into a wrestling match then on the floor for the final 90 seconds before they separated us. I had no idea if I did or didn't have an existing deviated septum when I was inducted. All, I know they looked up my nose and said you got one and need surgery. In 2009, same deal at VA....I got a deviated septum again and need surgery. Had two surgeries....well recorded. Today, they say I have no deviated septum, which as I understand you have to have an EXISTING DISABILITY to file. I got the FACTS of two surgeries in my corner..........but now VA saying there's no deviated septum issue in 2018 existing does not look like I have an "existing factor" working in my favor . .
  9. I agree about going over board not necessary........that's good advise........the DRO needs to read just what matters.........we think they need more but it all comes down to just a few pieces of evidence that even matters.
  10. I got it corrected today......it was a typo not adding the not.
  11. I agree with your line of thinking Buck........the only bottom-line that matters is getting granted and if adding strong new evidence (especially IMO's stating as likely as not + more likely than not on a Sleep Apnea appeal that has to be ++++ in my book to get before them) during Appeal even if it takes longer to process them through. I believe it is worth some added time to try and get granted by a DRO at the RO Level than wait for a SOC (never got one yet for SA ) to finally happen at some point in time then have to submit the Form 9, and then wait maybe wait another 1-2 years to finally get a docket and then get a Hearing date. My thinking if RO has not sent a SOC out now after 20 months since my NOD filing then that means it's still sitting at RO and no one has made a decision yet on that NOD. I'm gambling submitting strong evidence to RO at any point in time in the process will still result in a faster decision than waiting around for my turn at a Hearing date, which won't even begin towards that process until I get a SOC anyway and file Form 9. That's my logic anyway. I'm hoping , of course, adding evidence now before a SOC is issued my way will avert a SOC from happening, and then hopefully improves my chances for a favorable outcome within another 12 months. If I'm wrong my gray hair will just get a little grayer. Thanks for sending the explanation too.
  12. Buck......I had the very same situation at separation and did not even pay attention at the time as just focused on going home......I was awarded 0% for allergic rhinitis. I did file for it as a disability before I was discharged and it was granted. I doubt he could go all the way back to discharge expecting compensation because when I filed for an increase to 30% granted in 2009, they only gave me retro back to 2005 when someone else unknown to me at VAMC filed a respiratory notice to VA. Had they not done that in my behalf I doubt I would have even got retro back to 2005. I'd say worth a try but not hold out for much hope.
  13. Correct have not received no SOC to that particular NOD (Sleep Apnea) to date. Yeah, I knew late submission slows down Appeal processing time but with it all taking 3-4 years now figured RO could still move faster with new evidence that could turn the dial. I do have a bounce back question. Why would any new "late" evidence submitted lead to getting a SOC if the new evidence in fact does convinces the RO DRO to drop the denial and grant? I just don't understand the SOC part under that scenario - I do if new evidence makes no difference. Do you get a SOC even if they decide to reverse the denial to tell you they're reversing and granting? I have not been down this rabbit hole so I did not know new evidence would create a SOC by simply submitting new evidence. I was hoping that new evidence would prevent getting a SOC as that seems to be bad news and amounts to starting all over again anyway.....back to providing more evidence needed and that may or may not work resulting in a SSOC. Do I have this figured out any or not.......listening and learning.
  14. Yep. I realize that Bronco but not many out there who are certified specialized experts in their field offer IMO services to Veterans. The few that do have fees most Vets can not pay. I agree a lot of medical rationale is the key and you get what you pay for if you got the bucks to spend. I totally agree in what your saying - makes perfect sense....but finding these gems willing to help is few and far in between.........so Vets have no choice but to deal with MD's who are not specialized but still willing to do IMOs for fees. VA won't let VA Doctors help when they know a Vet is legit for disability comp.......sad mess we have because good IMOs can make and turn decisions favorably.