Buck52

§3.102 Reasonable doubt. It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant. By reasonable doubt is meant one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim. It is a substantial doubt and one within the range of probability as distinguished from pure speculation or remote possibility. It is not a means of reconciling actual conflict or a contradiction in the evidence. Mere suspicion or doubt as to the truth of any statements submitted, as distinguished from impeachment or contradiction by evidence or known facts, is not justifiable basis for denying the application of the reasonable doubt doctrine if the entire, complete record otherwise warrants invoking this doctrine. The reasonable doubt doctrine is also applicable even in the absence of official records, particularly if the basic incident allegedly arose under combat, or similarly strenuous conditions, and is consistent with the probable results of such known hardships. (Authority: 38 U.S.C. 501) [50 FR 34458, Aug. 26, 1985, as amended at 66 FR 45630, Aug. 29, 2001]

Yes Ms berta, I agree with you. it be hard for him to get VA to believe his stressor but I'm thinking the VA will give him the benefit of doubt and go with presumptive evidence as his lay testimony??? UNDER CFR's provisions 3.103 reasonable doubt. but I know my self that at times there was no reports wrote up and nothing was ever said about a lot of unofficial happenigs over there! I my self could not find some of my unit records that I witness happen in some unforgettable happenings they either was not wrote up in a daily report in the CO's quarters or the records got lost,or the soldier that was on CQ Duty fell asleep and forgot to write that particular report up. my DD -214 has combat duty on it and a DRO at my hearing said to me I see you was a combat soldier I said yes sir and he told me he was too and we started talking about that after my hearing was over. My problem helping this veteran it don't say combat on his 214 but he has medals on it he has one that I think the VA will accept as combat duty he has the RVN accommodation medal with 2 stars and also he has old travel orders for hostile area outside the compound, when he went to recover the disabled U.S. Vehicle's, On hadit radio show the other day Att Bob Walsh mention that he has helped a veteran in that same particular situation & he mention recovery of US Vehicle's. even if the soldrier was not an infantry unit he was still in a combat hostile area and that qualifies him as a combat soldier. (something like that that may not be exactly what he said but fairly close) & use the form 21-0781 describe what happen! I myself have had a lot of my combat records that either was not wrote up or the records got lost, a lot of my medical records from Nam I can't find, and I know for a fact I went to the dispensary server times, I had a buddy that was a medic we run together a lot sometimes I'd get some headache meds & bandage's from him , he never wrote that up he just go in there come back out throw the bottle/box at me I'd catch it and ''say thanks a lot bud I own ya Beer...just simple things like that went on with a lot of soldiers over there. A lot of things was just not never reported over there that maybe should have been and I think a lot of it was we were young and never thought to say now write that in your report ect,,,ect,, and we just never thought we would need anything like this years later! that's just my opinion & witness to some of the bad things I seen over there never was reported in my Nam days. I agree with you Ms berta reading these post and all of a sudden come up on a few that has nothing to do with this topic, ................Buck

38 CFR - Clearly states: §3.327 Reexaminations. (a) General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (b) and © of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated. (Authority: 38 U.S.C. 501) (b) Compensation cases—(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified. (2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static; (ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more; (iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement; (iv) In cases of veterans over 55 years of age, except under unusual circumstances; (v) When the rating is a prescribed scheduled minimum rating; or (vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions. © Pension cases. In nonservice-connected cases in which the permanent total disability has been confirmed by reexamination or by the history of the case, or with obviously static disabilities, further reexaminations will not generally be requested. In other cases further examination will not be requested routinely and will be accomplished only if considered necessary based upon the particular facts of the individual case. In the cases of veterans over 55 years of age, reexamination will be requested only under unusual circumstances. Cross Reference: Failure to report for VA examination. See §3.655. [26 FR 1585, Feb. 24, 1961, as amended at 30 FR 11855, Sept. 16, 1965; 36 FR 14467, Aug. 6, 1971; 55 FR 49521, Nov. 29, 1990; 60 FR 27409, May 24, 1995]

bob barker If you try to get an EED back to 2008 I would use the attorney, that much retro the VA will fight you for it anyway they can and if you don't know VA Law very well its best left up to the attorney. I think it would be a big mistake to not to deal with the VA for your other conditions unless you have a good private insurance but that's your choice. As for as the time frame on retro is any ones guess. Congratulations on your 100% P&T ...jmo .......................Buck

chuck75 I know what you mean when I was over in Nam we never thought about taking pics at least me and my buddy's didn't, only one of my fellow unit veteran did have his camera with him all the time we made fun of him for it, but the pics I did get from Nam and some memorabilia old swords and Knifes and gross pics of dead VC. They made me leave it behind said it was contraband, I was upset about it but at the time I was going home after 19 months over there,I didn't seem to care to much for it, me and a buddy did get R&R to Bangkok Thailand , I had been there 11 months and he been there 6 months, it was sure worth it to get out there for awhile. I was 18 years old at the time this was in the fall of 68 and all of 69 47 years ago my goodness I'm feeling old now/Well I am old I suppose...my little beautiful & only grand daughter thinks I 'm old.......LoL This is off the topic, just remembering things But now thinking back I wish I had took more pics and sent home in my letters but guess I never thought about at the time. I remember buying us savings Bonds for 25.00 50.00 &75.00 Each month or so to send to my mom to put in the Bank and save for me I wanted a new Z 28 Camaro ...but unfortuley my little Brother was in a bad car accident and no insurance so my mom used the Bonds cashed them in to help with his medical care at the time...so when I got home I purchase a use 442 Oldsmobubble for 1600, bucks & I went to see my G/F at the time. We had plans /supposed to get married after I got back from Nam....needless to say that never happen. when I went to see her for the first time after I got home she open the screen door and I looked at her then looked down...unfortunate or fortunate for me she was 8 1/2 months pregnant. Needless to say the marriage never happen, I found some one else and were still married after 44 years with 2 boys and 3 grandsons and one beautiful grand daughter, all except two are in college, still have one grand son in High School and my little beautiful grand daughter starts to kindergarten this year. she is the joy of our lives. My oldest grand son is going to OCS, he join the Army after he completed 2 years of college at Texas Tech he did so well on his Test in the Army his CO recommended him to OCS and that's where he is now he wants to be a combat Medic as an Officer. Yeah were kinda proud of him. .......................Buck .......................Buck

Navy04 I agree when a veteran does not keep going to the VA for His/Her medical care yes they can call him/her up for an C&P. but this veteran does and basically goes by the Book! Example in this > when the disability of the veteran has been current for 10 years or more and the veterans age is 55 or over & disability is static or shows of nature the disability's will not get better with no future exams scheduled. ( based on 100% P&T) This was carlie argument , However she emailed the VA's Under Secretary Allison Hickey or VA Secretary ''Robert Bob McDonald and they called her RO and the exam was canceled. I believe that's what happen or close to it! Matter of Fact When carlie went to her VAMC for her check-up's (I believe) or had been in the VA Hospital for treatment of some sort, that is what got the RO to call and give her a C&P. Notes from her Dr's that she had a increase in her disability or a new disability had arose or something like that? I'm not sure ?, and carlie never filed for increase or secondary and did nothing to warrant the new C&P Don't you guys remember that...it scared the fire out of her! ..................Buck

Your probably correct PR, but basically what I was referring to is if the veteran had to take a C&P for his disability that he has had for over 10 years. when he files for a secondary that was caused form his existing SC Disability? Well I always thought if I read in the CFR's correct (some where?) I can't remember what the previsions numbers are? I look them up when carlie got her letter/phone call to have C&P. but they can't use your existing evidence against you (on record) if it was award out right when the veteran got this rating P&T and the disability is static or of nature with no future exams and will not get any better only worse. if they use your evidence they should use the evidence that you was awarded from...that's the way I understand it? Not any evidence that they disputed and claim not true! from a bad C&P examiner. but unfortunately that evidence is still in the veterans c-file P& T Is a permanent rating meaning the veteran is total disabled. So when a veteran files for a secondary that does not mean he is filing for an increase although they should rate the veteran on his medical evidence that states his new disability is likely as the cause of his current disability. ......................Buck

I sure need his unit records, I ask him about if he seen combat '' he stated he was not infantry but did Guard duty on the perimeter of his compound with infantry units , there were several units of soldier's that made up the guard duty of the compound in Long Binh and a few nights he was on guard duty & he seen several VC trying to climb the perimeter wires and they were all shot, after the command was given buy the NCO In charge and he said this has bothered him ever since. he never met the NCO other than in his group at the command guard house/tents where they sleep for two hours at a time before they went back to the perimeter bunker during the night as what the NCO gave verbal orders for. so would that be actual combat? protecting the perimeter? ....................Buck

Thanks Ms Tbird..I'll check these out too! I appreciate it. .........Buck

Based on these CFR's §§3.955-3.956 [Reserved] §3.957 Service connection. Service connection for any disability or death granted or continued under title 38 U.S.C., which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The 10-year period will be computed from the effective date of the Department of Veterans Affairs finding of service connection to the effective date of the rating decision severing service connection, after compliance with §3.105(d). The protection afforded in this section extends to claims for dependency and indemnity compensation or death compensation. (Authority: 38 U.S.C. 1159) Questions? If a veteran files secondary to his alredy SC 90% disability, TDIU P&T under these CFR'S the veteran can not be reduced or sent to a C&P exam Based on he has 10 years and more on the original disability, so if the veteran files for a secondary disability that arose from his SC Disibility, then that can't touch his P&T Disability if he files for the secondary. > is this correct? ..................Buck

http://www.militarydisabilitymadeeasy.com/originalvasrd1.html#c6035 There are higher ratings for a higher number code. Eye disabilities are very complex to rate. here is a link that may help you understand your code 6035, I could be wrong about the 10% that was for cornea transplant. so your eye disability could possibly be rating more than 10% depending on the severity. Conditions of the Cornea Code 6035: Keratoconus is a condition where the cornea gradually changes its shape, causing significant vision problems. This condition is rated on the Visual Acuity Rating System. Since the VASRD clearly states that this condition is to be rated on visual acuity, it cannot also be rated for visual field or muscle dysfunction unless they are caused by an entirely different condition. Code 6036: A corneal transplant is rated on the Visual Impairment Rating System. If there is also pain and sensitivity to light, the minimum rating for this condition is 10% .................Buck

you should file for the ''Keratocnus'' its only rated at 10% but if you have a lot of other contentions/conditions that will add up your rating. here is the code rating for'' Keratocounus'' Conditions of the Cornea Code 6035: Keratoconus is a condition where the cornea gradually changes its shape, causing significant vision problems. This condition is rated on the Visual Acuity Rating System. Since the VASRD clearly states that this condition is to be rated on visual acuity, it cannot also be rated for visual field or muscle dysfunction unless they are caused by an entirely different condition. VA only rates using the VASRD (Veterans Affairs Schedule Rating Disabilities) So this means your eye disability will be rating using the (VARS system) to be rated using the Visual Acuity Rating System. ...............................Buck

You need to file a NOD (Notice of Disagreement ) file it ASAP. (green card sign return receipt) then basically your wife needs to get Independent Medical Opinion or IME Independent medical examination be examined by a specialist on her most severe disability. and notarized statements from family and friends stating what they witness as to her disability. VA is getting picky about veterans ''not'' sending in the correct forms they use that as an excuse to be denied. The VA obviously for some reason did not read the medical reports or didn't believe the Dr. Just make sure you send in any evidence and make copies. This may turn out big in your wife's favor if VA CUE'd themselves by not using your wife's evidence. to rate her claim. Is your wife SC for any of these conditions? As stated above post the reasons and bases of her denial. (block out SS number and Name) I know you guys are pissed and I don't blame ya one bit but this happens to a lot of us, we just keep on there ass until they do what's right! Hang in there .............Buck

I never had the pleasure meeting stretch but we communicated here on hadit and after I had talked to him a few times we became instant friends, and I got some great advise from him that I'll always remember Stretch was my kind of people. I been thinking about him a lot this last week. He will be surely missed here on Hadit We as veterans have lost a great friend & brother , some people come and go in our lives and some touch our lives by the way they lived and stretch was one that touch all of us here at hadit. I am very proud I got to visit with him and very proud we became good friends here on Hadit. RIP My fellow Veteran & God Bless .................Buck

Make sure the Doc from your pervious exam is qualified to render his opinion , he needs to be a specialist in that field of medicine, be aware the VA don't use the same evidence if its already been decided for your first claim of sinusitis & allergic rhinitis but it helps that its already in your records. I think it would be better to get an IMO from a specialist for S.A & not From a Nurse Practitioner or PA they don't have much clout with raters. you need new & material evidence. I could be wrong but that's my opinion. ........................Buck

Remember some disability's are rated different from the SSA, Some need to meet a higher criteria than what the VA are. they don't rate on your disability with a percentage like the VA, with SSD your either total disabled or your not. SO this being that your totally disabled with SSD should be in your favor for the VA TDIU. ...............Buck

Bump ....Bump

I think its a damn shame they wait pay off until after the veteran dies, but its good for his family. I would like to see the justice done for the veteran while he is still alive. Maybe then he could die happier knowing that his family is well taken car of. I agree with georgiapapa the ones responsible should be prosecuted to the full extent of the Law jmo .....................Buck

OR Maybe look into some of your old R.O. Files, Memo letters ect,,,ect,, see if there number is on them?

OIC, Well maybe PM J ask him if he has it.

I think the VA needs to be aware of the older Nam veterans, because for some of us we were ok when we got out but that old Agent Orange will sure creep up on us over the years, In my opinion All veterans that was exposed to that nasty stuff should be check periodically. ..............Buck

pete 992 Most regional office do not put there phone No. in there web site just there physical address. I would think J Basser has the number...he's an old Kentucky boy & a pretty good fellow. Have you tried checking on your claim status on the internet, e-benefit's has a place you can check your status I believe? ........................Buck

Andyman73, This is what concerns me, what if you needed to prove you were in some other country while in the military doing active duty for a claim or to show your grandchildren you was there ect,,,ect,,?? ............................Buck

Sounds like to me this veteran should seek an attorney asap the sooner the better and get medical attention ASAP Ms Berta knows what she is talking about here, this is very serious and needs prompt attention. There are some great hadit members here that are professional's with VA Law Dr Bash and Attorney Bob Walsh. I believe Ms berta has there address emails and phone numbers. I wish your Dad the very best and pray that he gets the help he needs. ..........................Buck

I think the short copperhead snake is just as powerful with its venom as much as the bigger ones the venom is newer and more powerful, funny bout your wife calling it a spider, maybe next time have her to describe it to you. About the DD-214. I would think it needs to have all your overseas duty stations in it at least the country's. What if something happen in Germany and the veteran needed to file a claim, how would he even prove he was there? This is something most veterans need to know& when they get out of the service its best to look over all your military documents, especially the DD-214 ...............Buck