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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. Oceanbound, Good idea, I will do that!
  2. Thanks Broncovet, I sure appreciate your help. What is the best way to apply for it? Jimmer
  3. Hi Everyone, I want to thank all of you for the great job, you are doing, and you have done a tremendous job for me, thru the years, which I am most appreciate it. I have a question, and I am quite confused. I receive SMC-S because I do have a rating of 100% (Diaphragmic Paralysis) and 80% (eyes). My eye doctor wanted to know if I was getting all the benefits I am entitled to. He is very familar with the VA, and their rating schedules, etc. He told me the eye doctor. "You are legally blind in your left eye, and meet all the requirements necessary for compensation". He wrote a letter on my behalf as well. When I talked to my VSO, she told me "that is covered by your SMC-S". My eye doctor, said they have a schedule SMC-K for blindness that is SEPERATE from the SMC-S. My VSO tells me "O no that is covered by SMC-S". My eye doctor say a separate SMC-K address legal blindness in one or both eyes. I am confused. The eye doctor tells me I am entitled to additional compensation separate from the SMC-S. Any help would be much appreciated, one again, Thanks guys for the great job you do! Jimmer
  4. Mantana, Sounds like the same examiner I had four years ago for my back and lungs. The examiner told me he was going to deny me, "because that's what I do. Everyone likes me here". Then he said "I would appeal if I were you, because you have a strong case". Appeal I did! I got a DRO hearing in which they agreed totally with me, give me what I was appealing and also several other issues with my back and lower legs. I also filed a complaint on that doctor as well.
  5. armyman 2069, I had the rating from my eyes go from 60% to 80%. I had no idea what happen, if they made a mistake, etc., until I got a BBE. The VA CUE'D themselves, and increased my ratings. This was done about 16 months after I got the 60% ratings. They also gave me retro pay as well. So maybe the made a mistake in you original rating, and caught it and corrected themselves.
  6. paulstrgn, You are spot on! I agree with you 100%!
  7. Paul, Congrats! If your retro is under $25K you should hear real soon. Otherwise you might have to wait a little while. I also had a case before the judge for Diaphragmatic paralysis, and my back, and they ended up giving me the Diaphragmatic paralysis, and found several things, (8) with my back which they rated and awarded me from 10 to 20%, including surgical scar. Mine took nearly six months because my retro was around $50K.
  8. Hi Ms. Berta, The VA stated that I was discharged from the Marines "for disability which pre-existed service and was not aggravated by service". This is pure BS. I have the medical evidence that upon induction into the Marines I was "fit" for duty and my eyesight was normal. Upon my BVA hearing the judge "shot down" the VA claim , saying "the board finds that it should resolve all doubt in favor of the veteran, and the service connection is therefore warranted for residuals of the left eye". The VA also has proof, and the BVA judge mention that I was sent to Balboa Naval Hospital as a result of a incident and had "pain below my left eye, shooting back thru the socket, to the back of my head". But yet until the BVA hearing they maintain I was discharged because of prior poor eyesight. It seems to me they violated the "Presumption of Soundness, among other things.
  9. Broncovet, thanks for the information. I do have the documentation from Balboa Hospital, and the doctor's notes. I will fight this, as I feel the VA completely ignored this information. Vetquest, thanks for the advice. You are 100% correct! I am going to fight for my EED, regardless how or what the VOS said.
  10. Berta/Broncovet, When I filed in 1970, they denied, stating because I was "nearsighted", that I exceeded the allowable vision to be in the Marines. When I was accepted into Marines, I told them I wore glasses, regularly and was near sighted. I had 2-3 exams and the Marines deem my eyes "normal" They didn't for whatever reason address the fact that I was admitted to Balboa Hospital and a eye specialist, recommended that I be discharged because of "trauma" to my eye. When I would file a claim on my eye, it seemed like I was getting the same letter, with a different signature. I never received any compensation until the BVA hearing in which the judge stated it was service connected. I do have a feeling, Broncovet, that because they paid me 10% in 2013 retroactive to 2007, the would use the percentage from 1970 to 2007, which would amount to about $22,000. But I feel the 60% is correct, that is what the C&P exam showed then CUE'D to 80&. I am seeing a "outside" Board certified Eye Specialist, who I have seen off and on for over 20 years, to really nail this down with a exam, letters etc. If the VA has to go back to the 60% retro, then it would be a high six figure amount. As I said this is all in my SMR file, and the VA has had copies of it. They make refence to it, but had continued to stand by their claim, that I had poor eyesight entering the Marines, in which the BVA judge shot down quickly. Thanks for everyone's help.
  11. Hi Everyone, I want to thank all for your support and great advice that you have provided. It has certainly helped me! I had been on the "hamster wheel", until I came here. I have a question pertaining to a E.E,D. My situation may be a little unusual but hear goes: I have been working with a VSO and she has been pretty good, but know I get the feeling she thinks I am "reaching" and trying to "milk" the system, which I am not! My situation involves, I was discharged from the Marines, April 15, 1969. I filed a claim pertaining to my eyes in November 1969, received a denial April 24, 1970. I filed again in 1978, denied, 1987, denied, finally in 2007, I started using a VSO, and later found this site. I had a BVA hearing in 2013, and I was awarded compensation on the eye at 10%. Now, I was discharged from the Marines, because of an accident that happened, that effected my eyes. This is all in my SMR, and I was sent to Balboa naval Station Hospital, where they told me I was going to be discharged because of the incident. The VA maintained that I was discharged because of being nearsighted. I have the records of the entry physical in which I was deemed fir for the Marines, passed the eyesight tests and was told my vision was "normal". The VA fought me on this all they way to the BVA hearing. My 10% disability was granted based on some notes the VA had. I then had a VA C&P exam, and was increased to 60%, then they CUE"D themselves and raised it to 80%. I now found out I basically have no sight in the left eye. I do feel that the 1970 date should be the date of the E.E>D. I also feel that the VA established via exam that I was at 60%, and I feel I should have that from the day the BVA approved my claim. Am I wrong? As I said I feel that the VSO thinks I am being "greedy" without saying in actual words. At the Hospital, I remember the eye doctor giving me his card and saying "you need to get my notes, because if you ever file a disability claim", you will have a battle on your hands". I did get his info, and kept it. Thanks again for all your help.
  12. Ms. Berta, The V.A. claims that they received my claim in April 2014, when I used a VSO that sent in claims for other things and sent information pertaining to my lungs. I was doing it by myself in 2009, and I sent in the claim for the lungs, along with the specialist's letter. I did send it regular mail, I didn't know to send it for a signature. They have the copy of the letter, but say they never received the claim that I filed.
  13. Broncovet/Ms. Berta thanks for your input. In my Rating Decision Letter that I received (BBE) under the section "Evidence" they indicate the letter from the Pulmonologist of July 29, 2009. They make no reference of the latter letter dated September 15, 2009. They make reference to the doctor, along with two other pulmonologists I had, (the one that wrote the letter in 2009, retired in 2013), and state the following "You have provided medical records and correspondence from several pulmonologists, including (the three doctors) whom have all opined your diaphragmatic paralysis is a least like related to the fall during service". So one of the three doctors was the one that wrote the letter in 2009. "The effective date of service-connection is April 14, 2014 the day we received your claim." I totally disagree with that statement!
  14. Broncovet, thanks for the information. I originally applied in 2009, and had the letter submitted at that time.
  15. Hi Everyone, I first want to thank everyone for the fantastic job, that you are doing. I know I would be "completely lost" without your knowledge, wisdom and input. I all of you a great deal of thanks for all the help you are providing. I have a question. I had a DRO hearing, and satisfied with the percentages, but one item, I feel they made an error in the effective date. They gave me a April 2014 date, and I feel it should be July or September 2009. I had a Spirometry test (lungs) and a letter from a Specialist supporting the injury that cause my problem occurred in the military. While he did use the words "more likely then not", he did state that he felt my injury was the result of the accident. I failed to include the letter to the DRO, simply because I have verification the V.A. had received it. In September I had him write another letter which did state the worlds "more likely then not", and went into greater detail. I have no record that the V.A. received it. What would be the best course of action? It is within my one year period. To I introduce the second letter and New evidence? Use bothe letter, they are both from the same doctor. Any help would be greatly appreciated. Thanks, Jimmer
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