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firemoth

Seaman
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About firemoth

  • Rank
    E-3 Seaman
  • Birthday 12/15/1983

Profile Information

  • Location
    Tx

Previous Fields

  • Service Connected Disability
    90%
  • Branch of Service
    USAF

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  1. I have a question. Can an Attorney and DRO come to a decision on my appeal before the DRO Hearing? They’re also looking at combining my other NOD/Appeals, I didn’t know that was possible Also, finally received the notice of my rescheduled DRO Hearing today, the day it was originally supposed to occur.
  2. I called the 1-800. It was rescheduled, but they didn't inform me or anyone. The attorney called this morning and agreed to represent me. They feel like we'll most likely have to go before the BVA court to present, but we're still going to try to "win" at the DRO Hearing. It's going to be tricky because the VA keeps saying I have a "lack of evidence of having ever submitted a claim". But just because they can't find it, doesn't mean they were never sent. I have officially retained the services of Julie Glover, of GloverLuck, LLC. I have received positive reviews of her, including
  3. And the story continues. Received an email from the attorney I had been working with for over 2 years, but still not retained. They indicated that my DRO Hearing has been rescheduled to Sept 25th, at 10AM. Indicating to me that they actually called and checked with the VA. (YAY!) It's funny though because they found out about the reschedule before I did. I've not received a call from the VA, and when I checked ebenefits this Monday, it was still scheduled for the 6th of Aug. I checked today, and it does indeed reflect the 25th. I had also been referred to another attorney in
  4. All I know is he said his first name was “Joe”. He wouldn’t give me his last name.
  5. Discharged injuries occurred on Feb 26, 2006 with an ALCM/ACM (Nuke) Missile Test stand fell while I was carrying it. 498lbs came crashing down and I tried catching it to prevent it crushing my legs and torso. Causing Discs L1-L5, and S1 to compress and bulge. Saved my legs, permanently injured my spine. Anyway, almost all injuries started by or after that date. I was in Basic when Saddam Hussein was caught, technically a time of war. I worked on Tactical nukes, and was not allowed to deploy. Not sure how that applies to my current case, but I was discharged via MEB/PEBLO a year later,
  6. That's exactly what I think they're going to do. They've had all my files since April and May of this year. They've definitely had the time to look at it. I'm going after 6.5 years (78mo) of retro at 90% SC. So there's plenty of monetary gains to be had, depending on how much evidence the attorney thinks I have. My case being as convoluted as it is. Evidence wins, but in my case, there's a severe lack of evidence, due to mismanagement of the VARO, and my exwife. I was hoping to find some legal precedence that I could use to prove to the VA that files, not even my claims, that should be in m
  7. Well good news, kinda! The Attorney emailed me this morning saying they are furiously reviewing my case, and apologized for the lack of response. Apparently they've been in hearings non-stop the last few weeks. They didn't promise to defend me, and I'm going to proceed as if I'll be on my own regardless. However, they did say that they would prep me even if they don't take my case. Which is re-assuring.
  8. I actually have 3 copies, and each copy received from the VA is different. (First was a paper copy, last two were CDs). The paper copy was 48 pages longer than the second digital copy, the 3rd digital copy was 6 pages shorter than the 2nd digital copy. Besides my claims and 5 years of records, my paper copy was also missing parts of my STR that I had actually submitted to them in 2013, before they digitized my C-File in Sept. 2015. I've tried demanding the St. Louis Records Dept send a copy of my paper-cfile via FOIA, but I only received a PDF of what the VARO let me see. Not that it wou
  9. Hello all, A few years back I posted a couple stories regarding the VA losing my claims from 2007 to 2012. (Awarded 90% on May 2016 for claim filed July 2014, NOD Filed May 2017 for EED of 12/04/2007 (Date of Discharge) First claim filed Nov. 1, 2017. VA Requested my STR on Nov. 19, 2007). It's been a very long road. TO summarize, through the VARO and my VSO, we discovered that not only are my claims missing, but ALL RECORDS from my C-File from 2007-2012, even records from my treatment at the Dallas and Fort Worth VAMC during the time period in question. The only claim they have prior t
  10. Just another update, after a year requesting my C-File, I finally received it in Jan. Not surprisingly, it was actually missing files that I had already received from the VA on a previous records request. My 1 year deadline to file my NOD is aproaching fast, and I'm trying to locate the "act" or ruling that Bush passed to afford Vets the benefit of the doubt in rulings during the time periods of 2005-2009, AKA "Shreddergate". As previously mentioned, I filed 5 claims from my exit in 2007 to Nov. 2009, yet the VA only has evidence of an incomplete claim filed Jan. 2012. They gave me an
  11. UPDATE: So, amazingly enough, my Claim for Compensation has been completed and approved. 80% Combined, 11 out of 22 conditions claimed, ironically, 5 of them for stuff that I didn't think were really service connected but was instructed to file anyway, and the ones that got denied were some that I actually had PROOF were service connected in my claim, but were completely ignored. Also the language the C&P Doc used were pretty much outright lies. "Is pain present? No." Um, yeah dude, pain is constant. TMJ due to injury caused by USAF Dentist, constantly locks, and he said no movement i
  12. Greetings all, I started a new thread because I felt this topic was a separate issue from my last post, but was a factor regardless. I will try to keep it brief. I was PEB/MEB'd from the USAF in Minot, ND on Nov. 2007 for DDD and Osteoarthritis (four herniated/bulging discs). The week prior to separation, I was mandated to attend a TAP Briefing (Transition Assistant Program), where a Veteran Affairs Rep briefed us on the importance of filing a claim, and had us fill out from 21-526. They indicated that we should receive a phone-call regarding our C&P Exam in approx 30 days.
  13. Update: I received a Phone call on Friday (Jan 15, 2016) from Joseph, Supervising Director/Manager of the VA Records Mgmt Office Call Center. I communicated to him my issue, and he said they will proceed with a re-scan of my paperfile in the event that something was missed, AND he would check with his "Chief" on the legality/possibility of having my Paper C-File sent BACK to the Waco VARO to permit me the opportunity to view it in person. He said both issues would take some time, but that he would get back to me with an answer. I won't hold my breath, but it was refreshing to actually receive
  14. Regarding the FOIA request and in-process claims. I asked this exact question three times while at the VARO yesterday. Since my C-File is now accessible online for all organizations, there is no requirement for the claim to be pulled out. Even more so since I filed a Fully Developed Claim via their online submission process, they already have all the documents they need (ignoring my obviously missing claims), to process the claim. So any FOIA request that comes through now will be processed CONCURRENTLY to any Benefits Claims in process. Now, if you only had a Paper C-File, then yes. The
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