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First Class Petty Officer
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Jimmer last won the day on June 22 2017

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About Jimmer

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    E-5 Petty Officer 2nd Class

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  • Service Connected Disability
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  1. broncovet, thanks for the information. I agree with you, I will get an attorney, at the CAVC level. I figured I would need to go that route, and I just wanted to get verification for this. I will follow your advice, and will get the process rolling immediately. Once again, thank you for help on this matter. Jimmer
  2. Hi Everyone, I really want to thank you all for the great job, you are doing. You have really helped me out in filing my Disability Claims, as the V.A. had me twisted up in a knot, before I get the valuable help from all of you. I have an interesting question. In 2006, I filed a disability claim for my left eye, and naturally was denied. I was denied again, even tho the verification of my injury was in my SMR. Finally I had a BVA hearing in 2013, and I was approved. I was low-balled at 10%, immediately filed a NOD, received a C & P exam, was raised to 60%, two months later the V.A. CUE'D themselves and raise it to 80%. They did give me a EED date of 2007. I contacted the VA and stated I had filed claims on my left eye in 1970, 1973, and 1978, and they were denied. The V.A. claimed they had no record of me ever filing a claim. I just went thru my SMR page by page, looking over everything, and I found letter from the V.A. stating "You were previously denied service connection for your eye condition. You were notified of the decision on 04-24-1970". I know the V.A. had received the claim, because this letter was stamped by the V.A. saying "copy provided by VARO Phoenix". I feel that I should have this as my EED. I know the VA. would fight me like hell, because of the length of time of the award. And I do realize I did initially receive 10% in 2007, so I would be acceptable with that. So after the V.A. telling me for years and years they never received my claim, I have proof. What would be the course of action to take at this point. I got out of the Marine Corps in late 1969, and I my eye injury with my eye was the reason for being discharged, along with other secondary problems.
  3. How does this happen? I have 80% disability for my eyes, and I had four different eye specialists, that wrote "nexus letters" verifying it was service connected, which was documented in my SMR's. I also had a C & P eye exam, that lasted over five hours, as they gave me every test available to verify my eye injury. They rated me 60%, then a few months later "CUED" themselves and gave me 80%.
  4. This "scum" should have to spend the rest of his life in prison. He did it twice, and then wants the judge to give him a break? The judge should have brought the hammer down! I have bee dealing with the V.A, eleven years, and it took me seven years to even begin to get my disability compensation, when the information was clearly in my SMR. And this clown lies about being in the service, combat and basically gets a "free pass" for compensation. Why wasn't this guy "flagged" after the first offense. It isn't that difficult, to put some kind of control, that would have alerted the V.A. this guy is a scammer. I just don't get it....
  5. Hi flores97, and welcome back! It's good to hear from you. I know you were going thru a lot, the same time that I was. Glad you got your SSDI. I am just at the end of the long journey on my claims, and I do have a lot of good information I will share, when it is concluded. I always enjoyed reading your comments, because you always provided really good information, and youe experience dealing with the VA. I hope you are doing well, and look forward to your posting! Jimmer
  6. They just announced Friday evening that David Shulkin was resigning (forced to). Don't forget Shulkin worked for the VA, and for me he never did a damn thing. I got more results with Robert MacDonald at the helm then with this this guy.
  7. jfrei, brokensolder244th, is 100%. It is "mandated" by federal law that both the V.A. disability payments, and SSA or SSDI payments cannot be stopped if a government shutdown takes place. That means, Republicans, Democrats, Independents, Freedom Caucus members, cannot stop the issuing of payments on the 1st of the month.
  8. Buck52, I think if the public were more aware of the problems we veterans face getting our disability claims approved, this nonsense would stop. Many people I speak to, think all a vet has to do is gather their information/evidence submit it to the VA and in 30 day, PRESTO! , all the benefit we deserve. They are "shocked" by the attitude of the VA, denying of claims, forcing vets to wait years to collect the disability that is due to us. Also, they thought the monthly compensation was much higher. I have had several call my senator (Arizona) to complain about this. The attitude is much different now, then it was, when we were returning from Viet Nam. The public will not tolerate the "crap" we all went thru years ago. So I am trying to get the word out to my senators as well. If we can expose the "dim-witted" politician that brings this up, hopefully he can be voted out of office, and do the job he is really qualified to do: "selling earmuffs for oysters". The public would be outraged if they know how many vets have had to go thru "crap" to get the awards. I know. It took me seven years to begin to get my disability and I am now on my 10th., year getting the remainder of disability that I am entitled to. My cases are not difficult. There is no excuse under the sun, why a vet has to go thru this, and wait so long.
  9. TBird, thank you very much for creating Hadit, and all that you do. You are very much appreciated! I cannot thank you enough for Hadit, and you all the people that have helped me, like Ms. Berta, Buck52, Gastone, Broncovet, Vync and others, and have a wealth of information. You guys really helped me, when the VA repeatedly kept on denying me, even though all my information was in the SMR. You showed me what to do, and I was able to over come the "crap" at the V.A. I had no idea about the appeals process, and once I was able to get it to BVA, it was corrected immediately. I have a couple other issues, had a DRO hearing (almost two years ago) that could get "ugly". I will keep you informed, and be needed your advice, as you have really been a godsend to me. Thank you for all your hard work, each and every one of you. Thank you for all the good work you do!
  10. I feel that E-benefits is nothing more then a "pathetic joke", whose mission is to frustrate every veteran it can. I have a couple of issues that I am dealing with, and I log on to E-benefits once, maybe twice a week at the most. At least 80-90% of the time it is not working. Today it said you "Cannot Login, but sorry for the inconvience". Every time I have logged in it is either 1) down for maintenance, 2) updating something that should have been done months ago, 3) Or just not working. Why not shut down the system for a month or so, and really resolve the problem(s)? I guess that seems to logical and sensible for the VA to ever figure out!
  11. In a recent court case decision Sharp vs. Shulkin, the courts issued a favorable ruling pertaining to disability claims for individuals with back, shoulder, neck, and joints. The court said the current rating is "outdated". The court states "The board must obtain a new VA medical examination and opinion that adequately addresses functional loss if any during "flare-ups". The court will set aside portions of the March 16, 2016, board decision denying evaluations in excess of 10% FOR RIGHT, LEFT, SHOULDER, HANDS, ELBOWS, JOINTS, FOREARMS. BACK and remand those matters for additional development and readjudication consistant with this decision". This means that individuals with disabilities of the muscular-skeleton area stand a much great chance of receiving more then a 10% disability. The case is dated 9/6/2017, and I just cam across it.
  12. Wayne, Yes the judge does. He will ask you if you have additional information relevant to the case that wasn't presented before. He will use the new information for his decision. He will ask you that either at the beginning or the end. If he forgets, mention to him, that you have information, relevant to your case.
  13. Wayne, Maybe I was lucky to wait only nine months. The VA will send you a letter about a month before the video conference telling you the time and place. It is usually in the VA building, mine was in Phoenix, Az. I was using the Veterans of Foreign Wars to help me with my filings. They also received a copy of the letter, told me like Buck said, bring in notes, files that will support your case. The main thing is to have the information handy if the judge asks you any questions. It was just my rep and myself, in a conference room with the judge on a large TV screen. Main thing is to be relaxed as much as possible, and tell him the situation. Concentrate on your case, problems. Try not to vent, because that will just waste time. The judge has a pretty good idea, that you are upset with the situation, having to go all the way to a BVA conference. So the more you provide the facts, the stronger your case will be. You will find Wayne, the judge is a reasonable man. He is not looking for something to "trip you up", and deny benefits. Just present the information, be confident and it should go very smoothly. If you have someone you wish to bring into the conference wife, etc. I believe you can. It is very informal, the hearing.
  14. Wayne I had a video conference hearing, 2014. It took about 9 months from the time I received the letter putting me on the waiting list. And it took about 90 days after the hearing to get the results (favorably). I went to the video conference hearing with my rep, from the Veterans of Foreign Wars. If you have a rep, us him. They will have you come to the hearing about and hour before the actual tele-conference to brief you, and put you at ease. It is a very informal hearing. The judge will try to put you at ease, and the beginning, probably knowing you and others are a little nervous. Just explain to them what your case is about, and they will ask you question. Please note Wayne they are not there to "trip you up" or make it difficult for you. They are really concerned, and what you to tell them what is the situation. My tele-conference lasted about 90 minutes. Which is probably a little longer then most usually 60-75 minutes, maybe even shorter. I really felt good after the tele-conference, and my rep, said I did a "terrific job". As the tele-conference was going on, I felt really at ease talking to the judge, explaining my situation. The judge is there to get your facts, Wayne. He wants to make sure he has all the information necessary. This is not like a court case, where you have one side trying to discredit you. Nothing like that at all.
  15. Great job, Buck. Thanks for the help with all us veterans. You have a lot of knowledge, and it is great to see such a great outcome! Well Done!
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