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Mr.B

Second Class Petty Officers
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Everything posted by Mr.B

  1. 38 CFR § 4.22 - Rating of disabilities aggravated by active service. CFR prev | next § 4.22 Rating of disabilities aggravated by active service. In cases involving aggravation by active service, the rating will reflect only the degree of disability over and above the degree existing at the time of entrance into the active service, whether the particular condition was noted at the time of entrance into the active service, or it is determined upon the evidence of record to have existed at that time. It is necessary therefore, in all cases of this character to deduct from the present degree of disability the degree, if ascertainable, of the disability existing at the time of entrance into active service, in terms of the rating schedule, except that if the disability is total (100 percent) no deduction will be made. The resulting difference will be recorded on the rating sheet. If the degree of disability at the time of entrance into the service is not ascertainable in terms of the schedule, no deduction will be made.
  2. Yes indeed! Press ignore button on that one! Online the claims update is useless IMO!
  3. Occupational,safety and health! People have rights to work in a safe health atmosphere trumps how someone feel. You don’t like working in a hospital get in different line of work. You don’t believe is science don’t inter the science of field study. No one has the right to endanger other people health
  4. If you decide to get a job! You better talk to your doctor first and let the VA know or they will reduce you in a nanosecond!
  5. For radiation people who work around ionizing radiation wore radiation dosimeter! Also the industrial hygienist had to do a survey on the facility where the tube was used! They have numbers! Survey must be able to be duplicate!
  6. Each base have industrial hygienist doing surveys and case files! Everywhere you are stationed someone is responsible for occupational safety and health! This part of the hospital is under internal medicine
  7. Best way to get information about exposures is go to occupational safe and health request surveys done over the years! Those reports have a lot of information! They have case files on each shop!
  8. How many time can you use independent live! Happy they are blessing you with your needs!
  9. Ah lower your interest rate is good! Just keep paying the same amount from your previous loan will pay the loan off faster! Refinance just pay your fees! It’s up to you what fees you are will to pay! Most of the time it points you are paying to get a rate. That drivers the cost of the loan. Your credit score dictate the cost of the loan! Set you loan up by paying by weekly or just make one extra payment a year! Lower interest rate is good, but the APR is the bottom line! Example, loan rate 2.00 the apr at 2.13 is great! Have them do a amortization so you can see when you pay the cost off your loan off! Most of the time you can pay it within 18 months. .25 or more off your loan is worth it if you are discipline! Bottom line is the APR cost of the loan with fees! interest rate is what you will be paying after you catch up paying your fees off!
  10. Site the 9th circuit court in Oregon! One government organization must take consideration with the other ruled on! Ah look it up!
  11. Mr.B

    Survivors- a Must read

    Yup if they check no the family member will have to find someone to show how their love died! It is very sad! I help many in this situation! So if they come back and say otherwise they can respond instead of starting from scratch! It’s painful for family members! They need to the regulation so they automatically find out how the veteran died and was any of his condition was due to his death! They place the burden on the family! If their is not a veteran that understands what happens present, the family members are so upset they just check no! Big mistake! My opinion! Put the burden on the VA!
  12. Well my opinion is if he make them do their jobs and hold them accountable! Being a veteran does not matter! He does not create laws he is there to enforce them and solve problems to get the job done!
  13. Mr.B

    Survivors- a Must read

    The most important part is when the veterans die! Always check the box that says the veteran died from condition while serving making the VA make the decision ASAP or widower will have to spend time fighting! Place the burden on the VA! This form is filled out on a military base or at the V A office! Check yes!!!!!
  14. I claimed seizures while severing in the military and was medically boarded but the said it was sleep apnea! Then I appeal the decision because I was placed on meds for seizures by the VA. Later the VA granted my appeal and never sent me a letter or rated me! This happened in 2001! So what should I do or can they get away with not rating me?
  15. First decision was to drop seizures to get TDIU 100% T%P! Appeal for seizure . I the won appeal on 21 October 2002 for seizures. They saw all my VA records files and over looked TBI! TBI was part of being granted appeal for seizures in 2002.
  16. Bertha sorry I did not respond. The DAV had me on the phone stating they were making a deal to drop seizure for 80% TDIU 100 T%P Oct 2001. 2002 June had MRI working with internal medicine doctors and psychiatrist place me on medicine for seizures for 7 years. My psychiatrist stated I sustained a head injury from car accident I had in the military. I had an MRI stating white brain matter disease. They also diagnosed me for a TBI with around seven conditions in July 2002 ! My DAV rep appealed seizures but I did not get a letter that it was granted per website 21 October 2002 . So they knew I had a TBI and just over looked it! I been dealing with this for years and never applied because new DAV rep stated they would lower my rating!
  17. Bertha sorry I did not respond. The DAV had me on the phone stating they were making a deal to drop seizure for 80% TDIU 100 T%P Oct 2001. 2002 June had MRI working with internal medicine doctors and psychiatrist place me on medicine for seizures for 7 years. My psychiatrist stated I sustained a head injury from car accident I had in the military. I had an MRI stating white brain matter disease. They also diagnosed me for a TBI with around seven conditions in July 2002 ! My DAV rep appealed seizures but I did not get a letter that it was granted per website 21 October 2002 . So they knew I had a TBI and just over looked it! I been dealing with this for years and never applied because new DAV rep stated they would lower my rating!
  18. they are stating VA Are not processing claims because COVID-19! They state the cannot get your records question is this true! Thank you for reaching out to the DAV, The VA is waiting for all of your Federal Records to come in. All of the Federal Records has been delayed because of Covid 19, once they are allowed back, the Federal Record Center will process the VA request for all of your Service and Personnel records. Once this is down the VA can schedule any examinations they determine you need.
  19. What you’ve claimed: TBI (New) Status Files Details Claim received Initial review Evidence gathering, review, and decision If we need more information, we’ll request it from you, health care providers, governmental agencies, or others. Once we have all the information we need, we’ll review it and send your claim to the rating specialist for a decision. July 6, 2020 We closed the notice for Request 4 June 8, 2020 We closed the notice for Request 3 April 2, 2020 We closed the notice for Request 2 April 2, 2020 We closed the notice for Request 1 Feb. 13, 2020 Your claim moved to Evidence gathering, review, and decision Preparation for notification Complete Estimated date: Dec. 27, 2020 We base this on claims similar to yours. It isn’t an exact date. Learn about this estimate. Need help? Call Veterans Affairs Benefits and Services: 800-827-1000 Monday through Friday, 8:00 a.m. to 9:00 p.m. ET Submit a question to VA
  20. I looked at my case online it’s states that they are waiting on records from my service organization! But I notice my appeals from 2002 seizures was granted! I never got a letter stating I won my case! TheY state my claim should be finished 18 July base on other claims like mine! They say they cannot do anything because COVID-19 has the records office closed!
  21. I have been see my VA psychiatrist since 2001! He stated all through my records about my condition TBI. VA will not allow me to go to school! They denied me due to my condition! I just never applied because DAV stated 100 TDIU would be best to drop seizures claim. Then started to see my doctor in 2001. Then was placed on seizure medication for over seven years! So I was diagnosed for TBI in 2001. He states to me that I still cannot go back to work because of my condition! He wrote a letter stating I cannot work due to TBI! So DAV states claim still pending! I submitted my claim in January 2020! Only got two computer generated letters! I’m only claiming one thing TBI! They have over 20 years of documented information from my records and my VA doctor! Also they have my MRI! Also I was being seen by internal medicine doctors!
  22. The DAV states claim is pending?
  23. I submitted this claim for TBI with MRI and my psychiatrist records stating I had this since 2001 and letter stating I cannot work due to my injury! I used the DAV! I got two computer generated letters! The claim was submitted 15 January 2020! How long does claims take these days! My claim in the year 2001 did not take this long! Is the the sign of denying my claim or should I get rid of the DAV and retain a Lawyer to represent me?
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