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cloudcroft

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Posts posted by cloudcroft

    Student Loan Discharge

    in VA Disability Claims Research

    Posted · Edited by cloudcroft

    Thanks for the heads-up! How long did it take you?

    "Officially" 3 years. BUT, add about a year extra trying to get the VA to sign and fill out the VERY SIMPLE Loan Discharge form PROPERLY. For me the process was a nightmare and I almost gave up.

    There is a lot to know (if you are a vet) trying to get your loan discharged because due to the VA system, there are a number of things that can go wrong and slow the process down (as happened to me -- I could write a book on it but don't have the time nor inclination). If you have a civilian doctor only, then the process should be MUCH easier.

    Whatever, the sooner you begin, the sooner the 3-years will be over.

    Good luck,

    -- John D.

    How To Answer % Question

    in VA Disability Claims Research

    Posted · Edited by cloudcroft

    You're "70% Schedular being paid at the 100% rate due to being TDIU."

    It's an awkward situation, and most states saying a "100% disabled vet" gets this benefit or that benefit does NOT apply to any vet who is 100% TDIU...because we're not "really" 100%.

    Go figure.

    Merry Christmas,

    -- John D.

    Hi,

    If your granted 70% for a condition, but are paid 100% TDIU. if asked what % you are, what do you put 70 or 100?

    Thanks,

    sbrewer

    Dr Bash?

    in VA Disability Claims Research

    Posted · Edited by cloudcroft

    Yes, that's true, but "expensive" is relative.

    I mean your basic exam and report write-up is lots cheaper than Dr. Bash -- about $300 for a psychiatric IMO (from those doctors who will do IMOs...some won't) -- whereas Dr. Bash is 2-3 thousand $$. But from what I have read on various vet forums, he's very good and knows the VA in and out.

    Still, WHATEVER the cost of an IMO, it's money out of your own pocket...it's an "investment" that may return big bucks down the road IF said IMO helps you win your claim. Like any investment, however, it may NOT pay off, but that's the choice a vet has to make: To get an IMO (maybe more than one sometimes) or not.

    -- John D.

    Expensive...therein lies the problem with IMOs.

    Amc Denial Letter Arrived.

    in VA Disability Claims Research

    Posted · Edited by cloudcroft

    Josephine,

    I was thinking that you hadn't gone to the BVA yet (!!)...that you had been stuck in VARO-land for all this time. I saw the AMC reference, but overlooked it. That's what I meant by being sorry, that I "mis-recalled" exactly where you were at in the process (I'm not on meds anymore so I don't have that excuse).

    If you can put together a concensus of what people are advising here, I think that's about all you can do and just have to leave it up to the BVA and await said judge's decision. Of course, if you come up with anything more to submit, you can do it right up to the wire, so to speak, as long as it gets to the judge before he/she makes the decision and signs-off on it.

    And as you know, we all here hope it is favorable to you.

    Merry Christmas,

    -- John D.

    Amc Denial Letter Arrived.

    in VA Disability Claims Research

    Posted · Edited by cloudcroft

    Josephine,

    For the BVA, be sure to list EVERY item of evidence you want the BVA judge to look at, and state the VARO apparently has ignored some or all of it.

    Also you should clarify/simplify your argument to state briefly exactly WHAT you are trying to accomplish and WHY the BVA should grant your claim (list reasons). Keep this statement VERY SIMPLE, clearly/logically stated and confine it to ONE PAGE if at all possibe...sort of a "cover-letter" if you will, your claim in a nutshell...something the BVA judge can read quickly and get a grasp of your claim and see the items of evidence listed without any confusion, complicated details, etc.. Save those details for later.

    Send this in ASAP and ask that it be put "on top of your claims folder" so it's right there for the judge to read first.

    As I said, save the details for another statement (and/or argue them in-person if you do a BVA video hearing), but for NOW just write up something simple for the BVA to see, where you are going with this and what evidence supports you and that said evidence should result in grant of your claim by a preponderance of the evidence (especially since the VARO seems to have no concrete evidence on its side, just "appears to be" and such...as was discussed in your other thread re: Presumption of Soundness).

    But you should add in your statement that even if the VARO's "appears to be" evidence is accepted by the BVA, YOUR evidence is still more concrete than the VARO'S and STILL should tip the claim in your favor...but if it does not, it surely SHOULD put the evidence in a state of equipoise and you ask that Reasonable Doubt/Benefit of Doubt be applied.

    Either of these -- preponderance or equipoise -- would get you a win. As I tell people, vets have a 66% chance of winning their claim. Those are good odds. But even BVA Remands back to VARO often turn into a win.

    I am optimistic that the BVA -- and a very fresh set of eyes and mind -- will look at ALL your evidence (doctors' letters especially) and grant your claim, either seeing a preponderance of the eidence on your side or, the evidence being in a state of equipoise.

    I say this in part because it took the BVA to grant my claim when the VARO would not and denied me for most of 4 years. As it turned out at the BVA, the VARO COULD have ruled the very same way 3 years earlier but it didn't, so it took the BVA to order the VARO to do what it should have done.

    I am thinking the BVA will do the same for you.

    Good luck,

    -- John D.

    It's A Medical Miracle..!

    in VA Disability Claims Research

    Posted · Edited by cloudcroft

    Were their names on the decision?

    Or did you take "extraschedular" steps to find out?

    I know none of my raters as I didn't see any raters' names on any of my decision documents. The only name I know was my BVA judge because his name WAS on the BVA's decision letter. But no rating officers' names on VARO decision letters.

    And we're talking about TODAY rather than years ago, as in the report about the rater's name "missing" from the "shrapnel guy" decision. As I said, I doubt it was "missing" because that rater made a "mistake" and wanted to cover his/her butt...although I certainly do agree THAT case was shamefully and erroneously decided: Not giving SC to shrapnel wounds. Has the REASON for that SC denial been made public yet?

    And yes, I wonder about how ready VAMC staff are to call the VA cops on us, but then again, I have seen some pretty whacked-out vets jumpming on VA staff who did not deserve the hostile treatment.

    -- John D.

    My 1st rater at Bay Pines, Fl VA was M.R. Woodall -- dated 11-15-1978

    Rating specialist on 2-22-1979 is G.M. Lopes

    3-28-1980 is K. Knapp - who is also listed as Chairman at a VARO

    Rating Board Hearing dated 7-15-1980.

    I do have more ---- but as the years go by, VA redacts more.

    jmho,

    carlie

    Picket Sign Ready

    in VA Disability Claims Research

    Posted · Edited by cloudcroft

    "Hope the TV reporters show up." -- rthomass

    rthomass,

    I suspect they certainly will...if you stay there long enough for them to find out about your "event"...or CALL THEM and say you will be picketing the VA and why.

    I admire you for the bold action you are taking.

    Good results to you,

    -- John D.

    "clear And Unmistakeable Evidence "

    in VA Disability Claims Research

    Posted · Edited by cloudcroft

    cowgirl,

    When I got out of the service both times, there was no exit exam in either case...and I was completely ignorant of the importance of having them, and copies of any SMRs as well (if that was even allowed then). And no one ever mentioned the VA and the role it might play in my life down the road.

    And when you're young, you usually don't look too far ahead so I didn't know I might need my SMRs 20-30 years later to prove that I had or was treated for this or that medical issue while in the service...you just want to get back to civilian life, forget about having been a soldier and think you'll live/be healthy forever after.

    So today, I think it important we tell the new vets and vet-to-be the importance of getting this information and putting it away for use later if needed, such as when filing a claim for VA Benefits, even though at the time we think we will never need or even want to do that.

    But things change over the years...and sometimes so do we.

    -- John D.

    "clear And Unmistakeable Evidence "

    in VA Disability Claims Research

    Posted · Edited by cloudcroft

    Josephine,

    I had only brought up the point about claiming "aggravation" because I was not clear on your prior-to-service medical history, nor have I been able to follow your huge number of posts here re: your complicated misadventures with the VA and the particulars of your claim, and that it looks like the VA is going to argue (stick with) "pre-existing anxiety" in order to deny you on that basis.

    But since you have posted (under oath? -- joke) that you never went to see any civilian doctor for any mental issues whatsoever BEFORE you entered the service, then you certainly should NOT go for "aggravation," but instead go for your anxiety STARTING in service (being caused by or brought about by your service)...as you and others here have said.

    You certainly should not admit to or accept something -- even if the VA claims it's true -- that is NOT true.

    It does, however, look like it will be only doctors' opinions -- those in your favor and those against you -- as the only evidence because there is no written medical evidence/records (hardcopy stuff) BEFORE you entered the service that VA can use to prove you had pre-existing mental issues.

    Hopefully, said opinions will AT LEAST be 50-50 balanced (relative equipoise) and that will win it for you...even if you have to go to the BVA because the VARO won't budge.

    -- John D.

    Since you appear to want to use the Presumption of Soundness doctrine, then call on the VA either (1) to PROVE you had a pre-existing mental disorder as they are suggesting you do or, (2) to cease and desist their nonsensical/illegal stalling and grant your your claim.

    Cloudcroft,

    I haven't got any choice in the matter, as I don't have a shred of evidence of any signs of nervouness, anxiety before service.

    I wouldn't know how to state it aggravated a condition, to which I knew nothing about.

    I know that you guys think that I should go under aggravation, but how do you do that?

    Always and thanks,

    Josephine

    "clear And Unmistakeable Evidence "

    in VA Disability Claims Research

    Posted · Edited by cloudcroft

    Then just be thinking lke the VA does when it denies a vet's claim for service-connection of some medical issue because "no record of your medical issue [insert its name here] is found in your SMRs so we must deny SC."

    If your very early medical history as you give is correct, and your prior-to-entering-service-medical-records ("PTESMRs" if you will) do not show any anxiety issues AT ALL -- even any mental issues or visits to psychiatrists -- then how will the VA actually FIND any such evidence or medical records to prove you DID have such issues prior to service? It can't even be reasonably SUGGESTED that you did, let alone proving it to the higher level of "clearly and unmistakeably."

    How can the VA find something that isn't there?

    It can't.

    Since you appear to want to use the Presumption of Soundness doctrine, then call on the VA either (1) to PROVE you had a pre-existing mental disorder as they are suggesting you do or, (2) to cease and desist their nonsensical/illegal stalling and grant your your claim.

    Good luck,

    -- John D.

    What Do I Have To Do To Get The 40% Cap On Fibromyalgia Increased To 100%?

    in VA Disability Claims Research

    Posted · Edited by cloudcroft

    And you certainly can have bursitis without having fibro.

    I also would think bursitis would be separate...sounds like he needs doctors' letters stating this...like from those 4 doctors saying that in fuzzywhitt's case, the bursitis is, "more likely than not," NOT caused by the fibro.

    -- John D.

    If you have major depression due to chronic pain disorder that disables you from work that should get you TDIU. Fibro is not a mental disorder. This really sounds like some cute BS from the VA.
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