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Buck52
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Posts posted by Buck52
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SMC is reserved for veterans that have suffered certain severe disabilities, severely disabled veterans who are housebound, or in need of regular aid and attendance or daily healthcare services. This can include issues like Traumatic Brain Injuries, amputations, loss of use of body parts, and much much more
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It's a mandantory regulation that when a Veteran is 100% and files another claim diffrent & distank (non related) related to his orignial 100% claim.
If the Veteran is approve for another service connected didability the rateing specialist or DRO is required to add the SMC s OR THE APPROAITE SMC That renders the upgrade to the SMC. and as broncovet mention 100% or TDIU P&T is accepted as a 100% Veteran
Example A TDIU P&T Veteran files a different claim say 3 /5 years later on a condition that is proved to be service related (say PTSD) AND HIS FIRST ORIGAINAL CALIM WAS FOR BAD HEARING OR LUNG DESEASE AND HE WAS AWAARED THE 100% OR OTHER THAT HE WAS AWARDED TDIU BECAUSE HE COULD NOT WORK OR DO THE JOB HE WAS TRAINED TO DO,The PTSD claim would be different from his origainal claim, this is what SMC IS FOR TO BOOST THE VETERAN COMPENSATION its called Special Monthly Compensation (SMC) AND THERE ARE DIFFERENT TERS FOR THE S.M.C. Depending on the serverity of his condition/conditions
As broncovet mention the s.c. new and different condition the Veteran files for later needs to be rated at 60% or above.
The rating specialist have a SMC Manual they use to determine this.
A Lot of times the rating specialst don't catch this so its very important the Veteran him/her self stay on top of theses CFR's and VA Guidlines For each service connected condition he has. All compensation claims must be service related to be service conneted for the condition the Veteran files for.
Educate yourself and learn how the VA System works(READ UP ON THE CFR's) don't let the VA SHORT CHANGE YOU. ...BECAUSE THEY WILL IF THEY CAN GET AWAY WITH IT.
Also make sure you read your award letter paying attetion to the dates make sure you get what you have the right amount you got coming to you.
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You need to get all your medical records and see exactly what the Dr's are saying about their findings diagnoses ect,,,ect,,, they can tell you something to your face then you leve check your MYHEALTHEVET NOTES, and it may not be what the dr said to you print this record off myhealtevet notes for your evidence.
SORRY FOR THESE CAPS I CAN SEE BETTER. EH!!!
LOOK AT THE PTSD MENTAL HEALTH RATING CHART THE C&P EXAMINERS HAVE AND COMPARE YOR SYMTOMPS TO THE RATING CHART.
THIS WAY YOU KNOW WHAT YOU SHOULD BE RATED AT AND YOU CAN GIVE THEM BACK THERE OWN REGULATIONS AS TO WHAT YOUR SYMPTOMS ARE AS THEY ARE NOTED IN YOUR VA MEDICAL RECORDS TO THIS VA PTSD RATING CRITERA CHART.
I USED TO HAVE ONE AND i HAVE PUT IT UP ON HERE BEFORE BUT i CAN'T SEEM TO FIND IT CHECK THE CFR'S mental health rating criteria you will find this chart there.
ALSO YOU CAN BE DEPRESSED DEPRESSION HAS A 100% RATING ALSO SERVERE DEPRESSION..YOU CAN HAVE OTHER RATED DISABILITYS AFTER YOU REACH THE 100% OR IF ALL YOUR OTHER DISABILITYS AMOUNT UP TO 100% BY COMBINED RATING.
IF YOU GET ANOTHER DISABILITY SEPERATE FROM YOUR FIRST MAJOR DISABLITY IF YOUR AT 100% THEN IF YOU FILE ON ANOTHER DISABILITY SEPERATE FROM YOUR OTHER DISABILITY AHD ITS RATED 60% OR ABOVE THIS INCLUDES YOUR COMBINED RATINGS THEN YOU ARE ELIGABLE FOR SMC (SPECIAL MONTHLY COMPENSATION)
OR IF YOUR NOT 100% FILE ON ANY DISABLITY THAT WAS CAUSED FROM YOUR MILITARY SERVICE MEDICAL RECORDS ARE VERY IMPORTANT EVEN IF YOU HAVE A PURPLE HEART AWARD YOU WILL STILL NEED THESE MEDICAL RECORDS THAT CASUSED YOUR NOW DISABILITY PTSD SHOULD BE FAIRLY EAZY TO FILE ON DEPENDING ON YOUR SYMPTOMS AND HOW SEVERE... PTSD IS RATING AT 0% S.C OR 10% 30%50% 70% 100% AGAIN DEPENDING ON YOUR SYSTOMPS.
I AM A OLD VIETNAM COMBAT VET AND THEY DIAGNOSE ME WITH PTSD AT 70% DUE TO MY STYMTOMPS ..i WAS ALREADY TDIU P&T THIS 70% MADE ME ELIGABLE FOR THE SMC S.
100% OR IU AT 70% 80% 90% BEING IU YOUR AUTOMATIC 100% ALTHOUGH YOU ARE RATED UNDER THE 100%BUT BEING PAID AT THE 100% IU IS EQUAL TO THE 100% RATINGS. SO IF YOUR IU AND YOU FILE ON ANOTHER SEPERATE AND DISTANK DISABILITY AND THEY RATE IT 60% OR ABOVE THEN YOU QUAILFY FOR THE SMC.
ITS GOOD TO FILE ON EVERTHING MILITARY RELATED OR THAT DISABILITY WAS CAUSE WHILE IN THE MILITARY THEN DEFINTELY FILE ON THEM. AGAIN YOU WILL FIND ALL THIS IN YOUR MEDICAL RECORDS OR YOUR C-FILE
YOU NEED TO GET DIAGNOSE FOR DEPRESSION IF YOU FEEL YOU ARE DEPRESSED PTSD CAN AND WILL CAUSE DEPRESION SO YOU WOULD FILE A DEPRESSION CLAIM DUE TO YOUR PTSD AND ALSO THE MEDICATIONS YOU TAKE..ALWAYS GET YOUR MEDICAL RECORDS EVERYTIME YOU SEE A VA Dr and then you can see what their saying about your disabily or multi disabilitys.
Also ptsd meds can cause sleep apnea you need a diagnose and dr to mention why you have sleep apnea because it is caused by your mental health medications. check your myhealthevet notes. noramlly S.A. IS A 50% RATING DEPENDING ON HOW SERVERE IT IS.
IF YOU HAVE SLEEP APNEA TELL YOUR DR PCP HE SHE WILL SEND YOU FOR A SLEEP STUDY AND THEY LOOK AT THE STUDY TO SEE HOW BAD IT IS AND RATE FROM THERE AFTER YOU FILE FOR IT .
YOU NEED TO FILE FOR ALL THESE DISABILITYS IF YOU HAVE THEM.. SOME DISABILITYS DON'T HAVE TO HAPPEN IN THE MILITARY LIKE SLEEP APNEA OR DEPRESSION. BECAUSE THEY ARE CAUSE BY A SERVICE CONNECTED DISABILITY OR LINK TO THEM.
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John999
I understand your frustration, community care works like this if your provider can't see you with in 30 or you have an emergency you go to the E.R. and call the VA from E.R. OR Ask the Dr or nurse to call them and tell the dr to let them know why your there.
IF Your VA provider say va Dentist he needs to send community mission care office a approval for you to see outside Dr's Dentisit of your Choice the VA don't send you to just any Dentist they have you to pick out one.
I did this 2 years ago and now I need to see the private Dentist One of my front tooth broke off at the root gum-line and the root is still there very sensitive ,
Anyway my VA Dentist sent the community mission act office and email giving his approval to see out side Dr the private dental ofice I used 2 years ago.
The private Dr sent in there request TO COMMUNITY MISSION ACT CARE OFFICE to do the work for approval,,,,thats what there waiting on.
I will probably have him to extract the rest of my upper and lower teeth there al bad with cavitys ect,,ect,,, so i ASK HIM TO MAKE ME SOME DENTURES AND BE DONE WITH IT ALL.
Also I believe all VAMC 's are different they have the same rules through out the country , but the Hospital Directors and Asst Hospital Directors the good ones make sure were treated with good quaility medical care and with Respect but a lot of VA Hospital Directors are not that way.
different VA MEDICAL CENTERS ARE DIFFRENT.
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10 hours ago, broncovet said:
My tax person told me "not" to include VA disability checks as income on IRS form 1040. I guess it confuses IRS, since, obviously some people work there and pay taxes on VA income, just like any other. Va disability comp is not taxable through the federal government.
And, yes, if you are applying for the homestead PROPERTY tax exemption, you will need to check with your state. My state does not distinguish between tdiu and 100 percent schedular, both are eligible for the homestead (veterans) tax exemption, which I think means no taxes on the first 40,000 of property evaluation.
Broncovet
For some reason I don't know but when myy son went to file my my taxes he completed them on the Turobo Tax App.he sent the pdf file to me for me to sigh and date and mail it in, as I was fixing to go mail it he called and said do not mail it I don't need to file beings our VA COMP IS TAX FREE but I said what about SSR? HE SAID ITS UNDER THE 14.000 WERE ALLOWED TO HAVE so in all I never sent in my tax forrms I still have it ready to mail but since he said don't mail it I didn't.
I guess if its wrong IRS will be sending me a wheres your 1099? or something. if the the 15th april is the dead line maybe I will hear back from the IRS?
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On 4/7/2022 at 10:03 AM, Rivet62 said:
I swear by bone broth. Not just any old bone broth, but from an organic dairy farm is where I get the bones. It must be fresh cut bones from a real pasture fed dairy cow farm all organic because butchers often get sides of beef shipped in then they make their cuts from that. It has little to no positive effect for me. And the packaged stuff sold in stores is no good. But just half a cup of bone broth from the bones of my local organic dairy farm practically eliminates all my arthritis pain for days. You can drink it straight or simply use it in a recipe. It's amazing. I have persistent arthritic pain on a level of 7 or 8 on a scale of 1 to 10 daily, but with the bone broth I feel like I'm 15 years younger and the pain reduction effect is nearly immediate.
I want to add that starch consumption completely reverses the positive effect of the bone broth. I discovered this when I tried using corn starch to thicken the bone broth as an alternative use, like for making gravy. Boy the pain ramped up to like a 9 or 10 for me. So part of my solution is eliminate starch from my diet in whatever form. If I do consume a starch it is like maybe once a week and in a very limited amount.
I guess I am not sure what you men here bone broth? how do you make it? the broth from the grocery stores won't help?
I don't know how to make bone broth?
I know eating pasta will increase pain and surgars and most carbs, so I Cut out a lot of those this pain is crippling me I mean it has not release morings are the worst time, brocovet said to eat black rice? so far I can't find any ...
I am tryingf a low caloire diet and losseing weight fast. the Dr say there not much they can do other than the pain meds and they don't seem to help even a reversal of the blood in the knee don't help I forget what they call that but they inject a neddle in the top part of the knee and draw blood out of the knee area where the arthritis is and put it in a machine that spins for about 10 minutes or so then they put the blood back in the knee, that is only a Temp fix.
but hey thanks for the bone broth soulation I will try that that as soon as I figure out how to make it.
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Thanks Everyone.
I have tried all the pain meds there is but not the expensive injection (8000,00$$
I know I have not been eating right since my wife passed I eat just about anything all the junk foods fast foods, I been getting those healthy meals that you heat up in the mocrowave I don't drink much coke/beer I may HAVE A Glass of whine ever now in then.
It's more than likely the foods I been eating I don't eat enough veggies, mostly hamburgers & fries I don't get good home Cooked meals anymore unless my chruch has a event or something where the women all cook and bring it to the church pot luck foods
I eat a lot of pasta speagetti in the can with meat balls ...and those bags you can throw in the microwave and it makes its on sauce alfrado noodles ect,,,ect,, for a good meal easy to cook I cook bake patato ever now and then, fried eggs becaon sausage for breakfast or those ready made biscutts with beacon cheese and sauage (Jimmt Dean)
So it maybe the foods I been eating this artritis is killing me in the mornings I can't move my right leg it just flat hurts to bad there for a while I made myself get up but the pain has seem to incrase way up there feels like my leg is being torn off.
My Doc is going to do a MRI THE X-RAYS SHE COULDN'T TELL TO MUCH ABOUT, ITS WEIRED THE PAIN IS COMING FROM THE BACK OF MY KNEE AND SIDE..NOT ON THE KNEE CAP ITSELF... I think the Dr said she was checking for a craked bone or any type of fracture but cold pack does seem to ease up the pain and inflation some after I get going in the day its not so bad but in the evening is when it flars up the worst and then bed I hurt so bad no sleep I just toss turn trying to get rid of the pain or lay where theres no pain
I can't do the things at my church they ask me to do although they know I have a leg/pain problem they just ask someone else until I get better , I walk with my right leg always strait I CAN'T BEND IT sit in the chairs with my right leg out in fron of me and getti ng up is hard but I manage.
so I am going to try to eat the right foods as broncovet mention ido eat a lot od dairy products milk choloate milk &sweet tea ect,,ect,,,
Thanks everyone this helps me becuse I have no one else to ask...church folks but most of threm are fairly healthy the ones my age that is & the younger generation all look healthy.
I been going to Grief share classes at my church, theres about 12 of us that have lost our wifes and husbands so there widows and widower's
Don't think anyone has arthritis tho.
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I Have severe Rheumatoid Arthritis just as about as bad as you can have it in my right leg just above the knee and just below knee just above the calf.
Has anyone had amptutions because of it and the pain?
This is crippleing me I can't do anything ..I can barley walk with a cane or walker.
If Ampution is a relief ? > I been tinking about it.
I have all the below and this is not my service connected disabiliity's
Osteoarthritis.
Rheumatoid Arthritis.
Psoriatic Arthritis.
Gout.
Lupus.
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OK we should all agree that if the VAMC Dr's DENY a veteran a nexus and his/her claim has been denied for that reason then yes IMO is in order plan and simple or/and if a veteran has the medical records to prove other wise sure he/she can use them , my 1 st grade grandson could figure that out.
enough on this subject ;move on forward= this post is CLOSED.
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Both of you guys are correct threre is trully no wrong way to read your post. (if that makes a lick of sense?)
We Veterans all have to prove our claims are of merit, sometimes a nexus is needed and sometimes its not , I have did both and millions of other Veterans have to.
I believe what ever the Veteran needs to do to win his claim he needs to do it as long as he is not commitning Frud.
The VA just likes us to do it their way and this is the reason they have created laws and guidlines we must go by.
What does relative equipoise mean?
Description. relative equipoise. Evidence must persuade the decision maker that the fact is as likely as not. preponderance of the evidence. The greater weight of evidence is that the fact exists.
Typically, in order to prove service connection, a veteran will need to show three things: That they have a current, diagnosed disability; That they experienced an in-service event, injury, or symptom; and. A medical nexus linking their current diagnosis to the in-service incident
What is the findings of fact and conclusions of law?
Findings of Fact & Conclusions of Law After many bench trials or the hearing of motions, the judge often will issue findings of fact and conclusions of law, especially if requested to do so by a party. These set forth the facts the judge found to be true and the conclusions of law he reached regarding those facts.
- Vync, Dustoff1970 and ShrekTheTank
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mwillis71
Put a redacted copy of your denial letter on all these issues, it will help everyone here to help you better if we know their reason for the denials.
cover out your name claim # address ect..this is not a secure web site.
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Mr CUE,
Why do you write this
Mr CUE quote
''But I do not agree that the only way a veteran win a claim is with a good private imo.''
OK its your Opinion but only your opinion.
What if a VA Dr flat out lie's on Veteran and give his medical opinion that he can't find any problems this Veteran has and its his medical opinion this Veteran should not be rated based on testing from his processing out of the military according to these test this veteran health was good.
When on some injurys or desesase that may take years to manifiest that was caused by his military service,
example Loss of hearing can be caused from loud sudden noise and in some cases will take years 5 /10 15 years for the veteran to lose his hearing bad enough it causes him to be disabled and needs help due to lack of his education for semetry jobs. but when a VETERAN CAN'T HEAR OR UNDERSTAND WHAT THE MAJORITY OF PEOPLE VOICE, THERE IS A 99 % CHANCE THIS VETERAN WILL NEVER BE HIRED DUE TO HIS LOSS OF HEARING.
Ok the Veteran goes to get an IMO /IME Exam FROM A PRIVATE DOCTOR (PREFER A SPECIALIST IN THIS FIELD OF MEDCINE)
And the Veteran brings what records he has to show his decrease in his hearing loss .AND certified notrized affidavits from family and friends that has known this veteran for years to atest to his hearing loss and state why this veteran needs the help from the VA and approvre this Veteran claim for his hard earned benefits.
This is where an IMO/IME will help the Veteran win his claim the DR CAN read his past medical records and test and exminne this Veteran and give his Medical opionon (IMO) ''That it is in his medical profeesiniol opinion this Veteran hearing loss is likely as not caused by his military service while serving in Vietnam '' or the gulf wars Whice ever the case may be.
The same can be for other injurys and deseases. that may takew years to manifest and cause the Veteran to become disabled.
For some , disabled veterans have what is called a non vision disablity , when you just look at veteran you can't see his disability and a lot of veterans are disabled from their military service that they were not disabled when they left the military due to it takes some injurys and deseses time to manifest years later after the time spent in the military.
Just because a Veteran can walk up right and not limp or show any phyical type disabilitys don't mean this Veteran is not disabled. HEARING LOSS OR PTSD OR MILITARY SEXUAL TRAUMA...THESE ARE DISABILITYS WE CAN'T SEE OR VISION A VETRERAN HAS. EVEN A VETERAN WITH DIABETES YOU CAN'T SEE HIS DISABILITY. or MANY OTHER DISABILITYS.
And it takes a QUAILFIED DOCTOR MEDICAL OPNION IN SOME CASES FOR THIS VETERAN TO WIN HIS/HER CLAIMS.
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I fell awhile back broke my left foot, & some ribs, I went to E.R. and called the VA from the E.R. to make sure IT was ok they said yes especailty during the covid,
Anyway I HAD 4 PRESCRIPTIONS the E.R. Dr called into CVS they gave me a veteran discount but the scrips totalled up about 189.00.$$ I kept the reciepts I am going to take to my VAMC Bill paying managers office ( for my VAMC this office is in the basement.)
anyway I will post on what they said after I Go there I just been putting it off until I got my cast off ITS OFF NOW but the waether here is awefull its nice one day and the next day its frezzing sleeting LIKE TODAY ITS SLEETING OUTSIDE I do not drive in bad weather to many idiots on the road, and I don't live in West Texas either.
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I tell veterans all the time to get an IMO/IME perfer a specialist in what your claiming. IFthey need it and take copy of the VA guidlines on how the IMO/IME is conducted kinda like a C&P .
They also can make copies of this new DBQ and ask the Dr to adress it but be sure he uses the VA Crateria and reads up on your medical records that proceeds what your claiming. coipes copies copies give the Dr so he can have it in is records....its a good Idea if you ask the Dr to keep his record in case the VA CALLS. I think they do anyway.
I had a specailst years ago 2002 give me an exam for a private IMO.IME/ I took him my records and he read up on them for what it was I was claiming the VA had written in their reporst on a botch VA C&P Exam from a VA Dr that said a bunch of lies. anyway I had a DRO Hearing at my Respected Reginol Office AND A VA Rating Specialist was present at my Hearing after the hearing was over this rating specialist (Rater) called this Dr 'S office and ask if he went by the VA Criteria they went pulled my records from the copies I give them and Bingo THAT WAS ALL THE RATING SPECIALIST NEEDED.
When you call these Dr's OFFICE and ask if they see Veterans that need a IMO IME: ASK AT THIS TIME IF THE DR IS VETERAN FRIENDLY?
THAT WILL SAVE YOU A WHOLE LOT OF TIME , JUST BE HONEST WITH THEM TELL THEM WHAT YOU NEED IF THERE VETERAN FRIENDLY YOU SHOULD HAVE NO PROBLEM.
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VA must determine that a condition, such as obesity, is a chronic qualifying disability for VA compensation purposes, which typically means that the condition results in a loss of earning capacity for the veteran.
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click the link to read about this.
From the Article
QuoteThe United States Supreme Court has decided to take up a case that could have major ramifications for thousands of veterans.
The case involves a Navy veteran who believes his disability compensation from the VA should have begun from the date he left the military, not when he filed the paperwork.
The Supreme Court’s decision could result in a large number of veterans receiving back pay on their disability compensation, many of whom waited years to file their claims. Read Full Article Here
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BG Army I agree with ya the VA in no way is going to give us access to VBMS.
JUST WISHFUL THINKING.
HERE IS SOME STUFF MILITARY .ORG PUT OUT ABOUT THE CHANGES IN THE RATING SYSTEM...(NOT SURE HOW REALIBLE IT IS?)
https://usmilitary.org/big-changes-coming-to-the-va-will-overhaul-veteran-disability-evaluation
CLICK ON ''more of military.com, tht will take you to the preposed rating changes, at least they say if Veteran is already ready for MH&Tinnitus then this change won't affect his ratings.
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When we need access to the VBMS THEY SHOULD GIVE THE PASSWORD TO EVERY VETERAN THAT ASK FOR IT/ OR PUT ON MYHEALTHVET...AND HE HAS THE ONLY ACCESS HIS/HER RECORDS.
TO ME THATS FAIR..I MEAN AFTER ALL THERE OUR RECORDS.
SOME VSO;s like to have the power over the VETERAN and like to watch us /suffer
WHEN DAV VSO TELLS YOU TO TAKE WHAT YOU GOT YOU DON'T WON'T TO ROCK THE BOAT...IT'S TIME FOR THAT VETERAN GET GET AWAY AND FIND SOME ONE WITH YEARS OF EXPERINCE...LIKE COME TO HADIT
I AM TRYING TO FIND A VETERAN FRIENDLY VA CERTIFIED ACCREDITH CLAIMS AGENT WITH ACCESS TO THE VBMS, ONE THAT WILL LET YOU SIT BESIDE HIM AND LOOK AT YOUR OWN RECORDS...WE NORMALY CAN FIND WHAT WE NEED.
I KNOW FOR A FACT SOME OF MY RECORDS ARE NOT IN MY C-FILE AND I NEED THEM NOW.
I AM WISHING THEY PUT THE VBMS AVAILABLE TO ALL VETERANS OR PUT IT IN THERE MYHEALTHVET.
i HERD THEY ARE DOING AWAY WITH MYHEALTHVET MID/ SPRING.
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I think its 50/50 you either get a good DAV VSO OR A BAD ONE.
So roll the dice
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I agree with ms Berta check out the wall http://thewall-usa.com/
if you can find some one on the wall that was in your unit or you were familure with it will give the location and what happen to cause his death and name his unit battilion and location and dates in occured its hard to read the wall I choke up everey time I read on it lot of good men on the wall my brothers is on it. 1968 TET he was with
G CO, 2ND BN, 1ST MARINES, 1ST MARDIV, III MAF
http://www.virtualwall.org/df/FoleyWL01a.htm
click on full profile.
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Try your state Captiol Dept of Military records JSRRC always send with FOIA Form and don't forget to sign it date it. use your SS# AS THIS WILL HELP ID YOUR CLAIM THEY USE YOUR SS # TO I.D. YOU
SO REMEMBER TO PUT IT ON EVERYTHING YOU SEND THE VA KEEP COPIES DON'T THROW ANYTHING AWAY ITS GOOD TO JUST KEEP THEM IN THE ENVOLPE THEY COME IN, KEEP IN SAFE PLACE FOREVER...THEY MAY COME IN HANDY SOME DAY.
HadIt.com Changes Ownership
in VA Disability Claims Research
Posted
john999
Same here although I been away from hadit for a while after my spouse passed away, I just kinda lost it there for a while, living alone sucks.
So all you Veterans out there with a good marrige good wife treat her nice and kind everyday I never realized it but my wife did way to much while I sit on my can SIT AT THE COMPUTER HERE ON HADIT FOR THE LAST 23 YEARS BUT NO REGRETS HELPING VATERANS WIN THIRE CLAIM WAS MY PRIORITY. and now I am feeling sorry for myself.
but thats the way we lived togather for 48 years this Month would have been our 50th wedding Anniversary.
I wish Rattler the new Hadit President the best and hadit builds up its repertation like it was for all those years, all Veterans helping each other . I know hadit change our life for the better and I am very greatful & met some good friends on here and still are , I never disliked anyone on hadiit and I enjoyed helping out as much as I coluld.
I will come back to hadit from time to time read some post ect,,,ect,,,
I thank everyone one of you men for helping Veterans out you guys are God Send to these young Veterans trying to get their benefits as well as the older Veterans.
keep up the good work and I wish each and everyone of you the best life has to offer
Blessings to All
Britt aka Buck52