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spearhead91

Second Class Petty Officers
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spearhead91 last won the day on August 29

spearhead91 had the most liked content!

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10 Good

About spearhead91

  • Rank
    E-4 Petty Officer 3rd Class

Previous Fields

  • Service Connected Disability
    50%
  • Branch of Service
    Army
  • Hobby
    Gardening.
  1. spearhead91

    E.E.D. Question?

    Follow up to this from the VA Website for EED info : https://www.benefits.va.gov/compensation/effective_dates.asp How Effective Dates are Assigned Listed below are the most common types of claims and generally how effective dates are assigned for each type. Direct Service-Connection Generally, an effective date for service-connection for a disability that is directly linked to an injury or disease that was incurred or aggravated by military service is the date VA receives a claim or the date entitlement arose, whichever is later. The date entitlement arose means the date the condition was shown to exist by medical evidence. There is an exception in cases where the claim is filed within one year of separation from active military service. For these claims, the effective date will be the day following separation. So the part I'm focusing on is: whichever is later? VA Claim EED now is 2015. STR show issues when leaving service in 1997 "shown to exist by medical evidence" ??? Later backwards in time?(Medical evidence in STR) or later forward in time? (When claim filed)? Thanks all.
  2. I'm exactly the same way in that regard. If I had to do a physical job I would have had only made it about 10 years post service so there is the trade off with that, it delayed the inevitable and we continued to serve, just in other ways. I'd let your statement sit for night and not look at and hit it again, just a thought. Best of luck OldJoe.
  3. spearhead91

    Giving Up is Success for Me ( WE WON!!!! )

    Great news Silverdollar22 I also just received a lawyer packet and only because of physical limitations I'm doing that. Also, the added expertise of having the law dogs take them to task over errors etc. You are doing great and being represented very well it appears. I hope my law firm can do the same. And the denying some contentions to keep you from getting 100%IU that's terrible but we all know that is the game for them. But sometimes I honestly think the VA RO's do that to ensure you are getting the benefits we deserve locked in. Make sense? And sometimes they just mess it up or don't care. But I would like to think it's my first thought they are trying to help you lock in your benefits you deserve. Again great news for you!
  4. Awesome OldJoe! Looks really good. The RO's having to read period hurts us. But looks really good the word smithing and rewrites always help and you clearly have done that. You also have given me some thoughts on my CUE and for that I thank you. The threading it together from point a to b and adding the REG at the right moment is where I get confused. So maybe others can critique also. *cough* Elders *cough*
  5. Great start OldJoe, looks like the medics go to same school for hand writing in records. I swear some of my entries look almost like the same hand writing but were different branches. Go figure. ((Sample: WHY WERE MEDICS NOT REQUIRED TO DO ALL CAPS AND BLOCK LETTERS??? So they could be read clearly???)) I have one note for ab....... s.......... and long wavy lines which I had to scratch my head and look at dates. Oh that was a jump injury or heavy strain from the amount of equipment that I went to be seen for: abdominal strain. I have to learn to stay focused and take one contention at a time and/or abandon some I don't like that I idea though. So for me it would be to start with the hardest the increase first from 20% to 40% and work on the secondaries in the NOD and CUE is an item by itself from first claim I'll do that last. Stay on one point write draft, re-write add in Regulation if known as Buck52 suggested that's the hard part for me especially the functional loss and that 38 CFR 4.40 and 4.45 was considered blah blah and not warranted. I have pain, weakeness, lack of endurance and flare ups. I tell my DR can only walk this much, sit so much, stand so much, repetitive use? 3 times is not enough. For my one knee first went ok, second was less and third was worse. But C&P done by outside contractor so can't see what they put down. I wear a brace, given crutches for a recent ding on it, and now a cane. How does equate into overall picture for functional loss? I don't mean to over write on your thread OldJoe I come back and snip what I wrote to use later so kind of brainstorming repository. No jokes.
  6. You're welcome Oldjoe I can dig and find the material it's the using it impartially in my own situation is the hard part because of bias which can not be uncoupled. The mental gymnastics of medical terms, legalese, VA MR, eCFR is an art form and it shouldn't be. Remember we were old told our FM's Field Manuals were written for an 8th grader or something. This is the reverse. Sort of like watching the sixties or seventies classic Catch22. A whole lot of that in them thar manuals if you ask me. But like the old phrase says how do you eat a elephant? one bite at at time. I've started a RECONSIDERATION and CUE and have documents assembled with exhibit A-X and how many pages each one has because apparently evidence was overlooked or disregarded in old claim and new. But I got bum wing and landing gear at the moment so it's tough. Do some take a break. Do some more rinse/repeat.
  7. On page 4 Berta posted one she did, correct me if I'm wrong elders:
  8. Oldjoe here you go link to M21 and CUE section: https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015808/M21-1,-Part-III,-Subpart-iv,-Chapter-2,-Section-B---Revision-of-Decisions "(a) Error. Previous determinations which are final and binding, including decisions of service connection, degree of disability, age, marriage, relationship, service, dependency, line of duty, and other issues, will be accepted as correct in the absence of clear and unmistakable error. Where evidence establishes such error, the prior decision will be reversed or amended. For the purpose of authorizing benefits, the rating or other adjudicative decision which constitutes a reversal of a prior decision on the grounds of clear and unmistakable error has the same effect as if the corrected decision had been made on the date of the reversed decision. Except as provided in paragraphs (d) and (e) of this section, where an award is reduced or discontinued because of administrative error or error in judgment, the provisions of §3.500(b)(2) will apply." For CUE From: https://www.ecfr.gov/cgi-bin/text-idx?SID=57ba4c6051d1bfc3fec251edaaf94169&mc=true&node=se38.1.3_1105&rgn=div8 I need to do one myself or two. Never done. EDIT: I'm sure there are some samples here as a framework to go by. Under TOPIC CUE and maybe your situation.
  9. Well I received the local lawyer "Welcome" packet, with the sign here and there etc. 20% as usual etc. Now I almost need a lawyer to look at what the lawyer's office sent. I mean come on can we make it any harder? So now I'm back to thinking do my own NOD or RECONSIDERATION because they did not list all the evidence I uploaded to eBenefits. It is not there I took SNIP of the screenshot to save as a .jpeg to show what I had uploaded. I'm talking 5 or 6 major documents and almost 2 years of private Ortho info, they used my first claim from 2015 ortho data for this years increases and new SC..not anything from past almost 2 years. That's terrible. Also of note, they had a request to the local VAMC for info, showed Past Due etc. There is a MRI or two in there from the VMAC and in the Denial letter they say no current diagnosis. The software tool they are using is broken for "Claims Builder" or whatever that term was used on the PODCAST last night. Because there is no way they read all the info and say no current diagnosis. It's as if the local VAMC is playing a shell game with medical data. I say this because if they are scanning for keywords in PDF etc and find no data equals deny for increase or SC. (Example: take out qualifier on VET Z and run tool) And to push that thought a bit further you could do on Vet himself, group, category, etc etc. I say this from a tech background, and I'm talking DOW 30 tech experience. I understand about VBMS and now it is harder to do that but this is not one well integrated machine we all know. Also, of note my Blue Button downloads from last couple of years and more importantly the last two months some stuff is "missing" as in phone contacts to the local VAMC. I have multiple downloads of the Blue button download. And someone else doing some changes in the Religion section which is sometimes blank but this most recent pull definately shows someone has an axe to grind I don't much appreciate that, thin skinned, not really but for crying out loud childish act. I want to ask someone here best course of action based on my situation but I need to be able to provide/share for a learning experience for future Vets to learn from. And at the same time maintain my privacy. Since I am out of work now because of my SC, and I feel I should be rated higher in that one area which would take me to 70% just for that one contention which is already SC. My SC is not MILD it is MODERATE and from there it cascades. That one increase, just that one, would allow me to go for the inferred (Statement in Support of Claim) TDIU. Heck for all I know, I could be 100% SCH P&T and not even know it. (All of this takes a lot of effort to write because I'm already paying for it physically.) So I'm asking for help, not distress help, but help on what I can share with limitations. Thank you.
  10. spearhead91

    Sleep Apnea

    Great job!! Keep up the fight!! I've just recently started using a CPAP myself, hard to get use to using.
  11. Thank you WomanMarine for that article. And good luck on your continued fight!!! That develop to deny hit's home hard. I can't understand how a RO can say no current diagnosis when in the evidence it shows it they (RO) pulled the local VAMC records and in there is a VA MRI in there with findings etc. And to put in the denial letter no current diagnosis of anything for X. One of the denials points: "Your service treatment records do not contain complaints, treattnent, or diagnosis for this condition. The evidence does not show a current diagnosed disability." And VA MRI shows X, Y and Z .........unbelievable. But back to the spirit of your article you posted. I wish I had read that a year ago. I've already saved a copy and will print and give to my lawyer. I think the RO that did mine recently was doing quota, numbers, to get that bonus and here I sit rated way too low and out of work and not knowing if STD will continue. Might be the boat of VA backed mortgage in question sell for loss or small profit and be on the street by the new year. Literally out in the cold with my disabled wife. How's that for compassion. Their bonus vs you being homeless.
  12. Hello Navy04,

    I'm following up on a post and a long thoughtful post you gave to another Veteran much appreciated. 

    I was reading this one: 

    The comment about when you received a denial for about 10 contentions you just turned around and opened a new claim with the same evidence so hopefully the rater(same or differen?) would actually read everything you submit. I just had this happen and because of my right arm which is SC now I'm having a hard time using the PC to read and write and even sit(back/neck)SC etc. So I contacted a local law firm which works with veterans and claim denials etc. for a solid NOD.  I'm curious, and as a DYI Vet also, my first claim got me to 50% and I thought it was equitable, but now learning and reading the rating codes and secondaries and HADIT and it's members has made me becoms more informed. They are trying to deny me out of what I believe I deserve. So my question is when you went back to eBefits route and re-submitted your claim with all the same info they did not re-open the just denied claim? That has me confused. I'm trying to avoid the whole protracted appeals and years of needless waiting. 

    Thanks in advance.

    Spearhead91

  13. I've lawyered up. Only because I can not use my right SC arm for only a limited amount of time to this part of the fight. And yes it's my dominant hand.
  14. spearhead91

    Still 40% why?

    Wow that is utterly disgusting to do that to a Purple Heart VV. I have the utmost respect for all veterans regardless of period served. That is way beyond the pale, that was vindictive in every sense of the word. And to say probably we were just following the regs is a cop out. I read asknod's post and one the most recent one's about getting the Vet 100% 9 or so days after he died had me in damn tears and anger at the same time.
  15. Berta the IMO was from a DR that was listed on one of the VA claims websites I/we all read probably. I'm reluctant to post the IMO or that section even redacted, looking at just that section though, even if they did read it it still wouldn't justify all the other parts of the IMO for service connection of other contentions. It's honestly as if they did not read it or said bad word him meaning me. It looks very very bad on the surface anyway I look at it. I'm having a hard time sitting, standing, walking and using the PC for periods of time. I don't have the ummpff like I use to have and as I'm only a little over 7 dog years. It's pathetic. I guess I'm going to have to lawyer up for NOD and apply for SSDI at the same time. I keep pursuing this because I was given a medication that was pulled from the market and caused me damage while serving, decades later I discover the truth from a renowned private university where the DR said and I quote "..you need to find the trigger....", and it goes back to that medication and what it did, it changed/damaged me. And possible other exposures over there in service. My bones are worn out knees, hips and back and I HAD TO DO an office job since I got out. Looking back they should have done another surgery on me or MMRB. Now I can't do that office work anymore. Currently drawing STD but if it converts to LTD that's only good for 2 years. My employer who I let know I was partially disabled veteran did nothing for almost 2 years after my initial claim was awarded, mgr gets fired for some reason, DR who was taking care of me "retired", new employer manger tries to help me and accommodation and that did not work out because coworkers not sympathetic, borderline EEOC stuff for DAV. My story is rich with woulda, coulda, shouldof but I pursue my claims because my bones are worn out. My wife now, divorced from my first wife because I never wanted to do anything because of my dang body and yes I put that in my Statement, who is 100% SSDI disabled help each other constantly around the house. We have enough to get by but now just barely, we both grew up very poor so we know how to be fruggle/coupons/sales.
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