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Buck52
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Posts posted by Buck52
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SOME TIMES THE VA C&P examiners come to their own opinion without reading the Veterans records I think its just a power thing with these type of dishonest Dr's especially when they say ''its not me that makes the decision,,,but you can bet your behind what they put in there medical exam report the VA will believe every word and not the Veteran to whom they should believe , after all there would be NO VA AND ALL THE JOBS IT CREATES IF THERE WAS NO VETERANS.
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If your using a VA Doc to help you with a claim I advise not to or if you do, just simple ask this Doc when you see him/er about your condition does if he/she think your condition as worsen?
Never ask if its got better unless its a serious diseases like prostate cancer or something like that,, if these Dr's know your only asking these questions for your claim or compensation purposes they will avoid the question or might answer you right then and normally will not write it up in his/her report notes that show on MyhealtheVet... just go with the flow , never mention anything about a claim or your compensation to a VA Dr unless your on good standing with this Doc ect,,,ect,,,,,
Just simply ask the Dr when its appropriate ''Dr Smith do you think my back has got worse'' ''I forgot want they call it ''?.. ''.it but it sure seems like its worse to me I mean I been having more BAD pain with it lately'' SOMETIMES IT SEEMS LIKE A 9 0R 10 ect,,,ect,, and see later what the Dr wrote up in his report on MyheathVet Notes 3 days later. you might be surprised and it maybe something you can copy and use as part of your evidence for what your calming or maybe not?
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I never heard of this, but sounds interesting, I sure could use this devise if it works?
I am always waking up due to night sweats and nightmare's, toss and turn fight in my sleep ect,,ect,,,,, once I wake up its hard to go back to sleep some nights i don't get any sleep with my c-pap mask all off and hoses gasping with the air flow ect,,ect,,, just a big mess in the middle of the night this happen 2 /3 times a week
Although I am not service connected for Sleep apnea the VA sent me to a outside sleep study and diagnose me with mild to moderate OSA,(Sleep Apnea)and require me to use the c=pap overnight.
I could get it service connected to my PTSD but just have not filed for it yet.
but I would like to check this new devise out '' BONGO Rx,,,,anyone know just how this thing works? and is it for real?
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Mr Cue
I wish you the best with this ,
incase you have not read these post? ,you might want to read about some of these post from one of Hadit best LATE hadit member and Admin CARLIE. (some good information here)
late hadit member Carlie /Ms BERTA &BRONCOVET /ASKNOD
also broncovet and Ms Berta discuss things about filling the write also asknod .
here is a link that may take you to these past post.
https://community.hadit.com/search/?q=CARLIE ON WRITTING A WRIT&quick=1
https://community.hadit.com/topic/53155-va-failure-to-comply-with-remand-order/ ( good info)
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I may send them the FOIA AND REQUEST UPDATED COPIES OF MY ENTIRE C-FILE TO INCLUDE ANY WRITING ON THE BACK PAGES AND ALL NOTES AND ALL AND EVERYTHING THATS IN MY C-FILE FROM THE BEGINNIG TO THE PRESENT DATE.
nothing frustrates me more than having pages missing out of my C-file
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I would think when veteran or his VSO /ATTORNEY FILES A WRIT IT WAKES THEM UP even if they deny the writ your claim may start moving closer to a favorable decision.
like broncovet mention his writ was denied but apparently got him some action on his claim.
from what I read most writs are flat out denied. even from attorneys.
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Question about C-FILE
Should all the award letters and the reasons and basses of the award be in our c-file? and all the sheets that come after ect,,ect,, and the explanation of benefit's sheet as how they rated you and evidence they used to rate? they all should all be in our C-FILE AS I understand nothing is to be taken out of our C-FILE no matter what.
Years ago (24 years)While I was working my claim I went to my R.O. to look through my C-file and they took me in this big room and brought out my entire C-file and open it as I sit there and went through it they watched me like a hawk at Ft Knox if I took out a sheet to read it , they conveniently took it out of my hand and placed it back into my C-File and they said no no no you can't take any sheets out of your C-FILE, If I need a copy one of the VA Employees must take it out and make the copy to ensure the original copy is placed back in the C-File.
anyway
I had all these papers in my possession at one time here at the house but for some reason or another some of these papers got lost or accidently toss in the trash or grandkids (toddlers) got them some how IDK? but some documents I can't find that are very crucial to a new claim I NEED TO File for EED.
What happen to all my documents VA Sent me when I was granted SERVICE CONNECTION TO THE AWARD OF 90% PLUS TDIU P&T. IDK? Should they all still be in my original C-File ? paper or CD Disk?
I HAVE SENT FOR MY C-FILE AND GOT IT IN AND I WENT THOUGH IT SERVERAL TIMES LIKE A FINE TOOTH COMB AND NOTICE SOME OF THESE DOCUMENTS IS NOT IN MY C-FILE = CD DISK.
EITHER THEY NEVER COPIED OVER TO THE CD DISK OR THEY WERE DESTRORYED ? IDK?
I NEED SOME OF THESE DOCUMENTS THAT DO NOT SHOW UP IN MY C-FILE TO THE PRESENT DATE.
HOW WOULD I GET A COMPLETE SIT OF MY ORIGINAL C-FILE Documents?
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I think it should be up to the veteran if he is 100% p&t and has more disability's he can get service connected why not? it could prove to be a wise decision later on down the road. for one thing it will make it much harder on the VA to reduce our benefits below 100%
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Well your effective date for increase would be the date the Dr mention you had a 10%increase usually the date of your IMO As I understand since you were service connected with a rating before this increase. unless you filed for the IU as an increase? THEN THEY USE THAT DATE AS YOUR EED OR WHEN A DR MENTION YOU WERE UNEMPLOYABLE DUE TO YOUR SERVICE CONNECTED DISABILITY. OR FACTS FIRST FOUND DATE.
Example I filed my first claim for severe hearing loss April 4th 1998..I was denied right out of the Shute NOD AND service connected About 11 months later...I reopen this claim in 1999 and was given a 50% rating in 2000. Based on a VA HEARING TEST I had.
in 2002 I filed for an increase due to my VA VOC-Rehab counselor could not find me any work i could do and lack of education I could not hear well enough even with hearing aids so class work was out.. so due to my now service connected disability hearing loss at 50% he had me apply for increase. I went got a new IMO to make sure my hearing loss was indeed worse and it was according to this specialist ENT I WENT TO TO RETEST MY HEARING ON Dec 10th 2002 AND MADE SURE HE WENT WITH THE VA GUIDLINES AND HEARING TESTING CRITERIA SET FORTH BY RHE VA THEM SELFS.
On May 7th 2003 I was granted my increase based on this IMO I HAD ON Dec 10th 2002 as my EED due to this was my only evidence an increase was first found. Dec 10th 2002 is my correct EED on the 90% plus IU
Now my 50% service connected rating goes back to the 2000 date as my EED ON MY 50%
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Mr Cue
you do know the court will need to approve your write first don't you?
you must follow all the rules to just be able to send in a writ and then it has to be accepted.
you might want to read up on sending in a ''WRIT OF M'' or they will eat your lunch and spit it out.
read some of this link by Attorney Chris Attig.
https://www.veteranslawblog.org/writ-of-mandamus-in-va-claims/
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3 hours ago, brokensoldier244th said:
Unless they work for VA I doubt that they have access to vbms- that access is limited to VBA and POAs only.
No Kidding.....
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Everyone may need to recheck their hadit settings under your profile just click your name at the top and it should take you to your profile and you can clink on your settings to check everything make sure you have your PM turn on so you can receive private messages.
you can also change things in your settings that you may want to share.
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Ms Berta quoted
''their denials, SOCs, SSOCs, letters. etc etc of BS and lies, will be in my book- Death by VA.''
That is good Ms Berta About your Book Death by VA'' but is this not what all veterans have to go through processing their claims?
I am so sorry you had to endure all of this during the processing of your late USMC Husband FTCA Claim.
AS THIS IS THE WORST OF CLAIMS FOR WIDOWS TO HAVE TO ENDURE.
You accomplished some wonderful accomplishments, and it will certainly go down in history to help other widows that have to endure this process
YOUR A TOUGH LADY MS BERTA AND I CAN ONLY IMAGINE THAT YOUR LATE USMC HUSBAND IS LOOKING DOWN FROM HEAVEN UPON YOU FEELING THE LOVE YOU GUYS HAD AND IS VERY PROUD OF YOU.
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Ms Berta This post is closed and locked, you will need to address this Ms Tbird we are not given permission to delete post made by fellow senior members that have fallen in respect to them.
We are only allowed to add new replies
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Ms Berta you will need to address this to Ms Tbird were not given permission to delete post from senior late fallen hadit members.
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Mr CUE
If your doing this without the Rep of a VA EXPERINCE ATTORNEY OR ACCREDITH VA CLAIMS AGENT?
Check with broncovet he knows how to write the writ and how and who to send it to. once they get your write they may come to a decision on your EED? but remember they will have to accept the writ first.
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Veterans should continue to use existing VA customer service hotlines:
. The new hotline, 855-948-2311,
Health Care: 1-877-222-8387
Benefits: 1-800-827-1000
Veterans Crisis Line: 1-800-273-8255
MyVA411 (other): 1-844-698-2411
The White House HOT line president Trump created while he was in office is still up and going its run by Veterans and veterans survivors military retirees. if you call this # you may want to ask them if they have access to the VBMS? (they have computers in front of them) if they do they can get into it and see what all is in your VBMS not sure they can make copies , but they can read what it says that you maybe looking for...to view the VBMS your self you will need to check with your VSO or hire an VA accredited Attorney or VA Claims Agent to view the VBMS for you.
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After going though my complete C-FILE I CAME TO THE CONCLUSSION they made errors on these dates in question.
I was told by a reliable source that typo errors go in the VA Favor and the dates will be corrected going back to the DRO HEARING DATES, so if they do that then the dates are most likely correct...so why even bother with it?
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7 hours ago, crownvic32 said:
Hello, I am currently 100percent service connected. I have an ID card that says DAVPRM/E3, INDEF. I have been 100 percent a few years now. When I look on Ebenefits it says I am not P&T so why would the give me an ID that says that ? I had them check the status twice before issuing.
How did you get your first Military ID? / (Not meaning your Military I.D. when you were Active.)
What you can do is
Go back and re read your original award letter, and you should find where it says your P&T Along with other benefits applications, you will need to fill out to get more benefits like Champ VA Insurance and the application for 10.000 of free life insurance paid by the VA.
To be able to get your Military ID you would need to take the letter that shows you are P&T to a military Base near you.....you will need marriage licenses and birth certificates of you and your spouse And both yours and spouse State Drivers License if you get your spose a Military ID
The DAV PRM E-3 is ''Disabled American Veterans'' Association, PRM means your disability is permanent INDEF =Indefinitely (no expiration date) == E-3 is rank on your DD-214 When you left the Military.
Your spouse ID will expire in 3 years and needs to be renewed.
Its kind of self explanatory.
Call the military base you go to and make an appointment because they are busy with New Recruits and 100% and IU Disabled Veterans &spouses /kids getting their Military I.D.
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I MAY ADD THIS, I notice on all the rating sheets and explanation of benefits it was the rating specialist that was present at my hearing to be the decision maker on my Proposals to reduce my benefits from that VA C&P Examiner.
it was the rating specialist that had all these different dates and its obvious to see them they stand out like a sore thumb...she was mixed up on these dates that is obvious and I can point that out. her signature is on each page.
The hard part would be figuring out the correct dates? However if they give the Veteran the benefit of the doubt then why not give me the dates I ask for?
I kinda doubt they are still there this was way back in 2003...and they were probably in there late 40's early 50's back then. or maybe close to my age 69
Don't take me wrong here I was glad they made the decision to give me the IU but at the time I was green and did not fully understand the EED process at that time...it wasn't until I got my C-file back in 2015 did I find all of this and learning here on hadit about EED Dates and whatknot.
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Pacmanx1
My DRO hearing was for a proposal to reduce my benefits back to 0%
No , the DRO never mention the EED during the hearing process just questions and my answers nothing was mention about my claim other than rebuttal agianst a VA Dr C&P Examiner that mention I was not as bad as I claimed and tried his best to have my benefits taken away and service connection stripped.. but with notarized lay testimony from family and friends that knew me for years and medical evidence I had the DRO took all my evidence into consideration and went with my private Dr medical opinion.
I believe the only way to get these issues solved is to request a Historic Audit and explain my version of why I think my EED is wrong and should be this date Sept 1st 1999 (THE DATE I SHOWED TO HAVE LAST WORK and not the back date set by the DRO FOR DEC 10th 2002.
Only thing against me on that is I don't have a Dr opinion about the date I last work and for what reasons. but to me that's obvious.
Alao I may ask to check all My EED dates from the date I first filed (April 1998 until the date I was adjudicated May 7th 2003 but remember the DRO WENT BACK ON THE EED TO DEC 10th 2002 the date of my private IMO. HE MENTION THAT WAS THE DATE I FIRST HAD EVIDENCE THAT MY DIDSABILITY HAD WORSENED .
HE DID MENTION THE FACT THAT ALTHOUGH RECORDS SHOW YOU LAST WORKED SEPT 1st 1999.
A Audit of my claim should produce some results if they can figure out what dates to use ? because my C-FILE IS SO SCREWED UP (date wise on the adjudication of my claim it would take the act of congress to figure it all out.
However during my DRO Hearing I had a presented a written statement that Hadit member Flip Halgic aka Phillip Rogers was helping me back then also Ms Berta , I had mention due to the Continued Persecution of my claim I ask TDIU BE AWARDED BACK TO 1998.
Its in my c-file and was mention during the Hearing. as in part of my lay statements.
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Well I have a transcript of the hearing ''word for word on what was said'' I'll look and see? I have the DRO Award letter but this has the dates of Dec 10th 2002 for EED. MY DRO HEARING was on May 7th 2003
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Way to go HAM ON YOUR 100%P&T Congratulations buddy
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Allan maybe broncovet will chime in on this he is pretty good about EED Dates and how to apply for them first filed or facts found ect,,ect,,,.....but if you can put up a redacted copy of why he was denied an EED will help.
but not sure why whey sent him to another C&P IF HE WAS 70% Rated for PTSD , They may want to make sure he don't deserve a higher evaluation? or just he- hawing around with the EED Request.
I don't think it matters how much retro a veteran is entitled to to the VA it can be small or high amount but if its over 25,000 they do require a third signature I guess to make sure everything is legit...they have the reserves for retro$$$ but now a million bucks may take a while to get...
Transcripts?
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
If you were sworn in at the time of your virtual vedio hearing then yes they will be a transcript of your Virtual Vedio hearing per every word that was said. you can request a copy of the transcript from the VBA (Veterans Benefit Administration) AFTER A WEEK OR TWO FROM THE DATE OF YOUR HEARING they need time to record it and process it in all your records and place in your C-FILE. OR CHECK WITH YOUR RELEASE OF MEDICAL RECORDS AT YOUR VAMC....or ask at the VET Centers for a copy.