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spearhead91

Second Class Petty Officers
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Everything posted by spearhead91

  1. 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. 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. 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. 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.
  16. One example for left hip where I had IMO and uploaded to eBenefits, rest have the same type of wording. And IMO not in the evidence list at all: "Service connection for chronic pain left hip secondary left knee is denied. Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. We did not find a link between your medical condition and military service. The medical examiner that conducted your compensation exam on XXXXXX, opined that this disability was less likely than not incured in or caused by military service.Taking into consideration all of the Veteran's service treatment records and medical history since separation, the majority of medical evidence is against a nexus link between the Veteran's current left knee degenerative arthritis, status post meniscal tear with ACL reconstruction and ACL deficiency. Service connection may be granted for a disease or injury which resulted from a sen'riceconnected disability or was aggravated thereby. Ihe evidence does not show that chronic pain left hip secondary left knee is related to the service-connected condition of left knee degenerative arthritis, status post meniscal tear with ACL reconstruction and ACL deficiency, nor is there any evidence of this disability during rnilitary service. So I don't get it how they can just blow off the IMO. I screwed up my first claim in some ways, tried to do better on second claim, get an IMO, they rushed me into C&P's, open to close and Deny in 90 days. I had new x rays or my hips, they didn't have my last 1.5 years of Ortho records only used same records from first claim (failure duty to assist). It's as if the person was rushing to get their numbers or quota so they could get their bonus. That's disgusting.
  17. Broncovet --- I agree on most of what you posted with the NOD and time running out while the claim is (sitting there) reconsidered and a month prior or they dont send anything at all and time runs out. So the NOD route makes more sense. Berta -- in the evidence section the IMO's are not listed at all. But in the narratives for the few that had a IMO it says ".....the majority of medical evidence is against a nexus link between the Veteran's..." but does not mention the IMO etc or in the list the evidence section and the same verbage for a couple other narratives. I think I have my head around the CUE and makes sense to keep that separate. In that CUE the info is in STR's, more than a couple of times, to be considered chronic not sure if word there, and in Statement I submitted, a little gray on times seen since service though, but it looks like the wording on that CUE they said "...there is a record of treatment in service for XXXXX, but the evidence does not show a chronic disability during service nor after active duty. Therefore, service connection is denied." BUT, it makes is sound like I went for one treatment for one time for record of treatment, I went multiple times etc. You now what burns me up on all of this I have like 4 or 5 other events in service, granted only one time being seen but major enough to get seen. And you know why, I was always in CS (Combat Support) and go first divisions where you are always training, deployed or on the ready line to deploy...I have HUGE gaps in STR's for 6 months here and there at a time. You just didn't go because you were not somewhere to go. I'm not making that point more than what is but that some of us served in forward units all the time, not during combat etc, but no admin in the rear with the gear units, except for one year recovering from a surgery and after that I'm back on the train. Did not serve 20 but served more than 10 and had to leave because of health issue, no MMRB, think back to BRAC days people didn't matter much. And thank you both for all you do on here to try and help.
  18. I have read quite a few post about NOD, appeal, BVA CACV etc. Just received denial on bunch of contentions. I'm reluctant to post denial letter fear of retaliation etc. Anyhow is a quick send of a Reconsideration request and about a 10 or a dozen pieces of extra documents that did not appear in the evidence list. Some were uploaded to eBenefits but not mailed in. So in reading the MR M21-1, Part III, Subpart ii, Chapter 2, Section F - Requests for Reconsideration Article ID: 554400000032429 https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000032429/M21-1-Part-III-Subpart-ii-Chapter-2-Section-F-Requests-for-Reconsideration?query=m21-1 part iii subpart ii chapter 2 section f requests for reconsideration It sounds like all I have to do is a one page letter with name/ssn etc and add the new and material evidence that does not appear to have been used in the claim decision. I've read all the horror stories about the NOD clock etc but these items are IMO's, STD received, and a few other documents that do not appear on the evidence list. I won't be able to get the updated C-File in time. So it is worth the effort with the reconsideration? I ask because Ramp closely approaching. Note, I did not get a RAMP letter with the decision just the standard appeal form. Also, discovered a CUE from prior decision can that be added into the current reconsideration? or does it need to be another request? Or will it be a admin nightmare? (((Chuckles should file a new claim also. Valid though.))) Thanks Spearhead91
  19. Opening from VISN 6 Director: "Today’s VA is vastly different than the VA in which I started more than 34 years ago. Let’s think about the late ’80s. America experienced an age of peace after Vietnam, when our men and women were rarely called to fight opposition or aggression. The Cold War was winding down and Desert Storm came with a fury and ended just as quickly. VA offered health care to eligible Veterans, mostly from the World Wars and Korean conflict, and our Vietnam Veteran population was increasing. The quantity of patients we cared for was considered stable. Health care was more long-term. Hospitals sometimes kept patients for months while they recovered from illness or surgery. Fast-forward to today, when we serve five generations of Veterans — mostly Vietnam Veterans. All of the Veterans we serve have a variety of needs based on their military history, and all deserve better and quicker access to health care that is closer to their home...." Discuss. AUG 2018 VISN 6 News Letter.pdf
  20. Thanks Berta!! and this goes right to the heart of my post the other day. Ya the VARO are rolling through claims with quick denials...so they can get their quota and Bonuses!!! Even if that is how they get paid. The rollout of the national work queue for claims and my claim went to half way across the country so how the heck can I go do a VARO hearing with the rater? And if I appeal will the C-File get locked to that VARO? The comments over there on that story is what I was trying to convey in my post from the other day. That VARO was mentioned by a prominent person here on his blog and some smells at that VARO. And it starts with the local leadership. I can imagine the senior rater at this VARO or any on claims and the atta boys they give out: " Awesome denial way to go John!" "That's the denial of the week Mary, great job!" "Here is you reward for the most denials in 90 Days! Outstanding!" "I love the way you deny Ted you are an example for the younger RO! Great work!" "Keep those D's going folks the quarter is almost over! $$$$$" and on and on.
  21. Ebenefits shows claim Opened and Closed in 90 days flat. Right on the date. Had some C&P's. No BBE with reasons yet. BUT IT IS CLEAR that the VA is doing more to DENY then to assist. Did not ask me for any additional information. So went from Claim to Deny in 90 days? But this is what has happened to me in a short period of time since I filed my claim: 1. Facebook account someont tried to hack as i have 2 step authenticaiton and I received and email alert to that affect. 2. Twitter account which I have had since 2010 and never used never tweeted/followed someone tried to gain access. 3. I had an appointment with my pain management DR one day in early June when I get up the counter for check in they say that I cancelled the appointment in their system. I did no such thing. I ended up having to wait an extra hour but did get seen that morning, causing me to miss work. Only a few people at my work and the office itself new of my appointment, and work did not no where/who. 4. Internet connection slow and stops working as if my connection is being monitored or man in the middle attack going on. (This is ongoing and constant just stating a fact.) I'm not overly paranoid but this is highly irregular. 5. Not one person from my team either co-worker or manager or team lead has attemped to contact me to check on my status and how I'm doing. 6. Filed STD claim with my company approved XX weeks for leave but no pay at all. I only get $937.00 from the VA for my 50% ratings. 7. I have had two C&P exams one for my increases which the rater has said not likely service connected but I have an IMO that will hopefully rebuttal that. <<< This had to have been ignored won't know until BBE and C-file. 8. I had an appointment with a DR for Friday and I find out the morning of that got pushed off to Sept.(It took 6 week Non-VA to get that appointment and pushed back another 5 weeks??? 3 months!!!) I could not wait that long so have new appointment. 9. When I found out that the non VA DR appointment was moved back I called the VA to see if I could get an appointment in the Prime Clinic and was told by XXXXX scheduler that I hadn't seen a PCP DR in 2 years ( note DR who was PSCH DR in the Prime clinic passed himself off as MD and gave veiled threat). Scheduler for Prime Clinic said I had to go back to Elgibility again and transferred me to a dead phone number. I called back again and had to leave a message. I am a 50% service connected Veteran with an honorable discharge injured in a Combat Zone and I am being shunned and being made to jump though hoops to get medical care. I only go for medical care if something URGENT as I don't want to affect my brothers and sisters who are more injured than myself. <<<And still not return call from local VA Elgibility office. All of this in a 90 day window. I'm livid. VSO useless. And I hope the VA trolls read this. So if you raise your voice (PT person doing exam on me less than 2 years ago caused me significant pain/suffering during exam where I yelled out in pain and I made a snarky comment afterward) or you get an IMO you get labeled in the VA system as sensitive 7 or something and they act weird when you do go to an appointment. Granted not all employees are like this some PA's and Nurse's are awesome helping you in there. But there is some truth to what you can read online on any number of blogs or message boards. I did not want to believe this was being done to Veterans, not possible, but looking at everything in totality and this VA hospital and where it's located you can add all that up and connect the dots quite well what is going on. IMHO they are using intimidation, black balling, denying care, faulty C&P exams, threats, discrimination, all in attempt to let us die off. Why? it's not just about the money. You all know why and if you have any doubts just watch/listen/read. I know a VARO will read this and I hope you do and if the one can figure it out I hope they do read this. Duty to assist, reasonable doubt, adequate exams, CFR 38 bleh bleh. You look for one thing to deny on anything or start from DENIAL and go the other way around like it should be. Liar(s). So now I need an action plan? But without BBE and C-FILE I guess I have to wait.
  22. Great job staying the course hope all works out for you!
  23. I've seen this first hand and it was nefarious. I called and cancelled an appointment. **Reason I cancelled a whole other VAHC story** I was going through a new private PCP DR intake at the same time same month. Sometime after I called and cancelled (and I do not remember honestly if they scheduled another but I never got the APPT card or call like normal, at least now they do text so we have a 3rd party telco carrier with the info for historical record) a NEW appointment was made for a few weeks later and I only discovered this many months later. And it said APPT NOT KEPT. This is what you are all talking about. Long story short there is/was some CYA going on at the VA Clinic in question. And also my PCP Dr change over all at the same time. The reason I cancelled the appointment was something I would have never expected from a DR anywhere period what was said to me, veiled threat, a story if you will directed at me about me as it could be me. I'd be really curious if they could go back and see who entered the NEW appointment. Because of the CYA of what was done after they learned of more about my SC medical issues I have and what I was told to do in the mean time for my issue. In other words here do this when you need to and have a nice life. Now the next appt because my issue has gotten worse I'm told all this XYZ info and my jaw dropped to floor because I'm thinking while DR is talking how can I go from that to needing this major thing done? And that is where I am at now. I could give more info but specifics would lead to knowing exactly who/what/when/where and I don't want to jeopardize my situation as going through a new claim(s) now. For reference I'm new to the whole VAHC system less 2.5 years if you will.
  24. Hello could be found under here depending on if all nerve groups are affected or just one: http://www.militarydisabilitymadeeasy.com/uppernerves.html#upper I have had upper all nerve group initially. Depends on all or just one. Pain to fingers and which fingers etc also. The levels also come into play, it's like 3 different things take in total to come up with the codes. That link is a start hope it helps some.
  25. Thanks broncovet for some clarity. The form the DR filled out listed that my medical conditions are permanent and for privacy reasons did not list all of them. I have all the ICD codes that I am under care for and prescriptions, MRI reads, uploaded to ebenefits already, one major SC injury being current and shows one of my main SC issues is far worse than first reported based on the MRI read alone and Neuro DR review. VA care agrees and said first thing I was a surgery candidate in first few minutes of most recent appointment but I've chosen conservative care first etc and will do the next level second and surgery last because of location of the SC injury. It's like they say if they are in a rush to operate get a second and third opinion. So to stay on point, the letter from the PCP DR says my conditions are permanent in nature, SC connected already, and MRI done after SC granted shows that what I was rated for was lower and has affected other body parts if you will. New secondaries will be tied to SC injuries. But I understand what you say about Lay evidence, I did not do my own statement first go around but I am this time as I feel I need too to help assist the VARO understand the what/why etc to spell it out cleanly the SC for the new and increases. The IMO has also opened my eyes to areas that were underrated and not SCed and why they should be. Thanks for the insight and feedback.
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