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pwrslm

Senior Chief Petty Officer
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pwrslm last won the day on January 30 2019

pwrslm had the most liked content!

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372 Excellent

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About pwrslm

  • Rank
    E-8 Senior Chief Petty Officer

Previous Fields

  • Branch of Service
    Army

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  1. So far, I have used this in all initial claims since my first one. I think it persuades the C&P examiner more than the RO.
  2. If you have a VSO on file, you can get them to give you the answer to this. I have Legion as representative (they never helped me file a claim). They are allowed to get into the system and find these details for you.
  3. Check Ebenefits. Disabilities will tell you what they approved. This sounds like back pay for a 100% 12-14 months give or take dependents etc. If you dont think its right, call peggy....800-827-1000
  4. When you get a C&P exam with a bad opinion you can challenge that with peer reviewed medical literature. Most of the time, these opinions fail to identify any source proving the basis for the opinion. This can be challenged with medical literature from valid sources. I can access college library with links to professional journals, as well as Google Scholar that also provides links to professional journal articles. These are peer reviewed, and considered equal in weight to any opinion that a medical professional can provide. Anyone can use web sites as well that help find articles from journals that are recognized and authored by medical professionals, such as https://medlineplus.gov/ , https://www.merckmanuals.com/professional , https://www.ncbi.nlm.nih.gov/pmc/ , and Va HealthEVet also has a library with links. Example: Opinion from C&P exam states that there is no way that your service connected left leg condition can cause your shoulder injury. Claim denied. Request for reconsideration with new evidence can be submitted without an expensive IMO from a medical professional. New evidence include studies reported in Medical Journals stating that radiculopathy with foot drop frequently cause falls, and more studies that shoulder injuries are commonly caused by falls. Reconsideration includes 3-6 opinions each on both falls and injuries, which disproves the claim that there is no connection between your left leg condition and your shoulder injury. Results: award of 20% for shoulder injury because you proved that the examiner was a clown.
  5. SOmething to pay attention to. When you get a C&P exam with a bad opinion you can challenge that with peer reviewed medical literature. Most of the time, these opinions fail to identify any source proving the basis for the opinion. This can be challenged with medical literature from valid sources. I can access college library with links to professional journals, as well as Google Scholar that also provides links to professional journal articles. These are peer reviewed, and considered equal in weight to any opinion that a medical professional can provide. Anyone can use web sites as well that help find articles from journals that are recognized and authored by medical professionals, such as https://medlineplus.gov/ , https://www.merckmanuals.com/professional , https://www.ncbi.nlm.nih.gov/pmc/ , and Va HealthEVet also has a library with links. Example: Opinion from C&P exam states that there is no way that your service connected left leg condition can cause your shoulder injury. Claim denied. Request for reconsideration with new evidence can be submitted without an expensive IMO from a medical professional. New evidence include studies reported in Medical Journals stating that radiculopathy with foot drop frequently cause falls, and more studies that shoulder injuries are commonly caused by falls. Reconsideration includes 3-6 opinions each on both falls and injuries, which disproves the claim that there is no connection between your left leg condition and your shoulder injury. Results: award of 20% for shoulder injury because you proved that the examiner was a clown.
  6. Many time, nerve issue cause additional disabilities and are able to be rated separately. The CFR notes that. Typically, nerve problems like this are rated on how they affect the ability of the limb to ambulate. If the nerve is totally severed, for example, the muscles downline are paralyzed, and that would be the highest rating. Explore this issue here
  7. That's a CUE. Undebatable, the examiner noted the pain, and then said it was not there. This was C&P, a govt paid exam with an error. Reopen is gone. That's how we used to do EED for this kind of stuff. Only thing left is CUE, No?
  8. "then 6 months after released diagnosed with same inservice hip strain from C & P. the Cand P did not give an opinion on it though described how it happened in service just 6 months prior." Isnt there a rule where conditions that are ID'd and diagnosed w/in 1 year post discharge is SC? As long as the condition is noted in medical records, they should roll over on the SC. C&P exam stated in happened in service, should have records linking the two then, which is a nexus. https://www.va.gov/disability/eligibility/illnesses-within-one-year-of-discharge/ Disabilities that appear within 1 year after discharge You may be able to get disability benefits if you have signs of an illness like hypertension (high blood pressure), arthritis, diabetes, or peptic ulcers that started within a year after you were discharged from active military service. If your symptoms appear within one year after discharge—even if they weren’t there while you were serving—we’ll conclude that they’re related to your service.
  9. "I wish someone on here who is also active member of the Veterans Benefits Network (VBN) forum would post the above excellent article on that forum as the people who run it are ex VA raters, DROs and VSO. Thank you." I gave up on VBN long ago when they told me that I could not beat an appeal by submitting a request for a higher level review. I then submitted the request, and less than 30 days later, won the claim. They deleted my post after I presented the approved claim to the forum.
  10. For you benefit, work up the timeline of everything from the time you got the TBI. Use the records that are listed in your denial (evidence) and go date by date, line by line, every event that has transpired. You do this with reference to the evidence of record. If there are two TBI incidents that need to be documented, refer to both by date and incident every time you refer to a TBI. Every medical record, every RO statement in every denial that contains an error should be logged. The rebuttal of the error should be referred to by footnote, you can include an attachment to the timeline to document the error, which is usually the failure of the rating official to check the medical records at hand. These should not be extremely long. Be short, add only the issues that are relative to the claim, and explain issues only one time, including errors so that you are not duplicating efforts of the reader. Example would be when 2 or more examiners have the same conclusion, and made the same error, you only need to explain what the first one did, because that error was just rubber stamped by the next reviewer in line. They did this to me in an original claim, an SOC, and a higher level review.
  11. It depends on what chapter you used to qualify. I just finished CH31, they bought a laptop, books, pencils, pens, literally everything I needed. Ch35 for dependents only gets a set amount of $$, not supplies. VR&E (Chapter 31) benefits: Current State: Will not change unless Veteran is also eligible for Post-9/11 GI Bill. · Full tuition, fees, books, supplies, and any necessary special equipment. · Veterans training at foreign schools receive same allowance as above. · Veterans training solely in-home or on-line receive same allowance as above. · EAA will be paid at rate the Veteran last qualified for while in training. · Advance from revolving fund limited to twice the amount of the full-time regular monthly subsistence allowance for a Veteran with no dependents ($1170.22). ______________________________________________________________________________________________________________ Ch 33 allows 1k per year for supplies, so the laptop could be included, but not a high $$ one. Current State: Based on length of active duty service, entitlement under Post-9/11 GI Bill to a percentage of the following (see “benefit level” on Chapter 33 eligibility screen): · Cost of tuition and fees, not to exceed the most expensive in-state undergraduate tuition at a public institution of higher education (paid to school). · Monthly housing allowance equal to the basic allowance for housing payable to a military E-5 with dependents, in the same zip code as the school (paid to Veteran). · Veterans training at foreign schools receive BAH national average. · Veterans training solely on-line receive no monthly allowance. · Yearly books and supplies stipend of up to $1000 per year (paid to Veteran). · A one-time payment of $500 to certain individuals relocating from highly rural areas.
  12. Records from a hospital and xrays are not stored in the same location that your service treatment records are. You must specify that you want the records from the hospital or clinic and give them the name of the hosp/clinic and dates (from / to) of treatment in order to get them to look for it.
  13. Just finished a BA with 100% VA funding via CH 31. Now I want to go on and get a MA. Spouse is 100% P&T Veteran, and I am eligible for CH35 benefits. Was looking into this, and found that the CFR and USC do not agree on the entitlement. USC : §3695. Limitation on period of assistance under two or more programs (a) The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may not exceed 48 months (or the part-time equivalent thereof): (1) Parts VII or VIII, Veterans Regulation numbered 1(a), as amended. (2) Title II of the Veterans' Readjustment Assistance Act of 1952. (3) The War Orphans' Educational Assistance Act of 1956. (4) Chapters 30, 32, 33, 34, and 36. (5) Chapters 107, 1606, 1607, and 1611 of title 10. (6) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96–342, 10 U.S.C. 2141 note). (7) The Hostage Relief Act of 1980 (Public Law 96–449, 5 U.S.C. 5561 note). (8) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399). …(c) The aggregate period for which any person may receive assistance under chapter 35 of this title, on the one hand, and any of the provisions of law referred to in subsection (a), on the other hand, may not exceed 81 months (or the part-time equivalent thereof). (end) and the CFR : 38CFR §21.4020 Two or more programs. (a) Limit on training under two or more programs. The aggregate period for which any person may receive assistance under two or more of the following laws may not exceed 48 months (or the part-time equivalent): (1) Part VII or VIII, Veterans Regulations numbered 1(a), as amended: (2) Title II of the Veterans’ Readjustment Assistance Act of 1952; (3) The War Orphans’ Educational Assistance Act of 1956; (4) 38 U.S.C. chapters 30, 32, 33, 34, 35, and 36; (5) 10 U.S.C. chapters 106a, 1606, and 1607; ... (b) Limit on combining assistance received under Chapter 31 with assistance under another program. No person may receive assistance under Chapter 31, Title 38, United States Code in combination with any provisions of law listed in paragraph (a) of this section in excess of 48 months (or the part-time equivalent) unless the Department of Veterans Affairs determines that additional months of benefits under Chapter 31 are necessary to accomplish the purpose of the veteran’s rehabilitation program. (Authority: 10 U.S.C. 16136(b), 16166(b); 38 U.S.C. 3034(a), 3241(a), 3323(a), 3695(b)) (end) (NOTE “c)” IN THE CFR IS NOT HERE) My question, if anyone can figure this out, is if the USC allows for 81 months but the CFR does not allow it, what needs to be done to fix this?
  14. Go to Google Scholar. You can also find other sources of proof but it must have been written by a medical professional. Journal articles are peer reviewed, so it is the state of the art in medical literature at the time it was published. Your examiner made a sweeping claim that states this knowledge he has provided has been established for hundreds of years. Make a liar out of him. Find journal articles that describe the condition as you presented it. Get 5-10 at a minimum. This is proof that 1. The examiner provided invalid information about your condition. 2. That there is scientific medical literature that shows that there is a connection between A and B.
  15. They can get software app's that tell them this info. Google Maps can do it, easy to plot a route and estimate times.
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