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RickH

Second Class Petty Officers
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Everything posted by RickH

  1. Back to April 20, 2007 , I got out after 4 years' in 1973.
  2. Hi All, Just check ebnnies and my rate went from 10% to 60%. I want to thank you all for your help during this process. I haven't rec'd the BWE( I've waited 8 years to say that), it looks like retro on ebenies. My question is: I noticed that my spouse was not included in my monthly amount? Is this common when you go from the lower rates to rates where spouses are included. Do I have to point her out somehow? Thanks again, RickH
  3. Hi all Great topic!! What's the best way to fix these errors without losing the effective date? Or a lot of time? RickH
  4. What I'm saying, is the BVA pulling a fast one on me, and giving me a service connection for cancer that is already cured without granting the secondarys I filed for in my original claim?? Does the VLJ have to grant service connection for the secondaries also, or does the regional office just go to rating the secondaries on their own from the original claim? RickH
  5. I noded the part of the claim that was denied ,residuals of prostate cancer(ED, Incontinence) in 2007. My grant for service connection was for prostate cancer, but no where in the BVA letter did it mention my Secondarys or my residuals. Will I be still rated for my residuals, or will I be just rated 0% because my cancer is gone. Am I being paranoid? won"t the rater just go to the above ASKNOD rules ang\d give me my rate and SMC-K. RickH
  6. JON, I'm past all that, this was an appeal decision after my BVA hearing with a VLJ. My original claim(2007) was asking for the residuals you mentioned. RickH
  7. I'm just worried that they will give me a 0% because the cancer is now gone, now that the prostate is gone, and the VLG never mentioned my secondarys. RickH
  8. Hi all Got the BVA letter yesterday, it stated that because of the new probative evidence(IMO-IME) that exposure to work place chemicals was evident and my service connection for prostate cancer was warranted and granted. In my original claim, I had filed for Prostate cancer residules, but no where in the letter does it talk about residules or secondaries. I had my prostate removed in 2001, my original claim was filed in 2007. Will the rater at the RO know enough to go to the secondaries on the DBQ that their doc filled out at my C and P, or will I have NOD them to it? I can't scan copies because I' m in FLA visiting friends for the next 4 weeks, my granddaughter read me the letters. Thanks, RickH Am I being paranoid??
  9. Rude1122,If you doctors won't give you a nexus, find one who will, and take it with you to the DRO hearing. You will keep banging them(the V/A) but still get denied(like I did for 8years) until you do. RickH
  10. To get to the Gompers you would have to have boots on ground even if the Gompers was in the harbor you would have to take a motor whale boat out to the Gompers and board. Then you would be logged in at the Quarterdeck by the P.O. of the watch and you can show that you had to be boots on ground that way. RickH
  11. I think all of the deck logs are at the Navy Lib at Washington Navy Yard. They might even be internet access. I stood P.O of the watch on tenders and you would be in the Quarterdeck log.
  12. I called a rep and she told me it was "favorable" and the letter is on its way. RickH
  13. This is an appeal it has to go back to the RO for rating if I got SC'ED. Rick'
  14. Hi All, I went on ebennies at 4:40 today and found that I no longer have an active claim and my appeal became a historic appeal on 7/17/2015? Will the 1800 number be able to tell me if my appeal for SC got granted. Thanks, RickH
  15. Hi all The date just changed again to today. How many times will this happen? Waiting on this is just driving me crazy. I need another hobby. RickH
  16. Hi All, I noticed that the date on VLG review changed from May 28 to July 9, 2015. How do the internal handlings of a BVA appeal work between the VLG and his or her crew? I called their "Paula" and he said every time they do work on it the date changes. Should I expect to here something soon? RickH ;
  17. The reps in FL are state service reps there is no Legion or DAV ect in FL the all work for the State. But guess who pays the rent! Bay Pines is a Zoo!! RickH
  18. Buck and all, Is this law or interpretation the V/A has to apply in my appeal? M21-MR1,Part ii, Chapter 2, Section C, Para 41, That's the post. Being that the appeal is a non A/O claim about exposure to chemicals other than A/O. Such as: benzene, white lead, red lead, soluable oils, trichloroethane(sp ?), all the chemicals(carcinajenics) that a a maint, worker or a ships machinist, like myself, would encounter on a daily basis. sorry about the weird letters, my system keeps acting up. thanks, Rick :< )
  19. Hi all, Again it ain't an A/O Question. Its a applying M21-MR1,Part ii,Chapter 2, Section C, Para 41 Question : ) All the replacement sailors(100%) on the Ingersoll had Agent Orange presumptives, I have been telling the V/A that since 2009, but they ain't listening! :) the Navy decommed almost 400 Nam involved hulls(ships) between 1969 and early 1971. All those ships were contaminated the Navy knew we were all exposed whether we were blue water or not. Just like the AF 123s. RickH
  20. Hi all, I did not do a Westpac so I am not Bluewater Navy, I just repaired their ships spending 4 years in their water tanks, repairing their distilling systems, and their freshwater pumps. I had to clean all the crud off them before making repair parts for them. I do not have "boots on ground". I was one of the guys in the background getting exposed too. I was caught in no mans land, with rashs, foot problems(rashes) pre-DM2, High blood pressure, IHD. And last, but not least Prostate cancer with residules. I steered my Appeal away from A/O, to just on the job exposure. An A/O claim will never get back to my kind of exposure, Direct on the job exposure. If it does, I will be dead by then. So it other "chemicals" for me. So Nehmer or Haas, or what ever won't help me. I hope M21-MR1,Part ii,Chapter 2, Section C, Para 41 law,with a good IMO-IME will do it. RickH
  21. Berta, I googled M21-mr1,part iv,subpartii,chapter 2, section c, and found a para 41 yours has no para 41, it just goes to 18. Am I looking at the right revision of the document? Para 41 talks about how to handle non A/O claims in general? RickH . Using Alternative Evidence to Establish Exposure to Environmental Hazards Because military service records will not verify all incidents of exposure, it is important to consider alternative evidence in establishing whether the Veteran participated in or was affected by an in-service exposure incident. Alternative evidence includes • personal statements • buddy statements • unit histories • news articles, and • other lay evidence Concede exposure to the claimed environmental hazard if the statements provided by the Veteran and/or others are consistent with the facts, places, and circumstances of the Veteran’s service. Reference: For more information on considering evidence in claims for disability compensation, see • 38 U.S.C. 1154(a), and • 38 CFR 3.303(a).
  22. Hi berta, Sorry about the dark letter color. Isn't Para. 41 about how to work on claims of exposures other than A/0 in general? My claim was for exposure to the likes of benzene, white lead, red lead, soluable oils, trichloroethane(sp ?), all the chemicals that a maintainence worker, or shipboard machinist would encounter in an everyday work day? RickH : )
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