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Pedro L

Seaman
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About Pedro L

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    E-3 Seaman

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  • Service Connected Disability
    100

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  1. Acesup, I agree with your concern and have deleted my attachment (hopefully). Thanks for your response.
  2. Pending Decision Approval The recommended decision is reviewed, and a final award approval is made. We will process the decision and review it for accuracy, and notify you by mail. If it is determined that more evidence or information is required, the claim will be sent back in the process for more information or evidence.
  3. I wonder if the fustercluck we receive called a c-file is intentional? Why can't the VA provide us a digital copy of a VBMS e-file which is chronologically arranged and user friendly? It would simplify the whole compensation process IMHO.
  4. dajoker12, thank you very much for the heads up. Great response to some tough feedback from our fellow vets. Lighten up folks.
  5. Do you have a current diagnosis of Meniere's Disease?
  6. Thank you vetquest and broncovet for your input. I currently have a claim for an EED that has been closed by the VARO because he/she can't "find" the VA form 9 I submitted to appeal the case to the BVA. This is funny because when I log in to e-benefits, I can "see" that it has been clearly received within the 90 day window for submission. The reason I am interested for input in the phrase "the date first filed or facts found" is because of the confusion involved in its interpretation. Both of you stated very good examples of why we need a precedential court case like Jensen v. Shulkin to guide us. I have contacted Peggy twice to help guide the VARO to the Form 9. I was told by Peggy that I have to give him/her 30 days before she releases the "nuclear option" on the VARO. I am not sure whether this phrase has been decided by the CAVC or a higher court setting a precedent. I have not been able to locate it and hence the reason I was asking for help. If there isn't one, perhaps I or another veteran can help get this clarified by a favorable ruling.
  7. Can anyone explain the definition of "facts found? I am pretty sure (maybe not) of "the date first filed", but not "facts found". A precedential court case defining this phrase would help me greatly. I am looking for a case similar to Jensen V. Shulkin regarding the definition of "loss of". Thanks
  8. Thank you Berta for your words of encouragement. You are absolutely correct that in order to prevail, you have to provide the evidence that is needed. The VA will not do it for you; most times they won't even read the evidence you submit or your service treatment records. That has been my experience for the last 16 years. Time is not on our side and each day that passes, the VA gets a little bit closer to winning the battle. I have already instructed my spouse to continue my claim if/when I pass away. Hopefully, I will still be around when the final decision is made on my appeal. The clock is ticking.
  9. Update on VA.gov Your appeal was remanded by the U.S. Court of Appeals for Veterans Claims. Court Remand appeals are prioritized so that they‘re always at the front of the line. Your appeal will be sent to a judge as soon as it‘s ready for their review.
  10. "If the rater refuses to award service connection for Meniere's Syndrome after they get a favorable opinion to establish service connection, I will refuse to attend another C&P exam for the same condition." I agree with Vetquest, don't miss any C&P exams. You will provide the Rater an excuse to deny your claim. Insure you have provided the VA the following in order to prevail in your disability claim. If any of the elements are missing, your claim will be denied. (Been there, done that) CALUZA Requirements: Service connection requires that there be (1) medical evidence of a current disability, (2) medical or lay evidence of in-service incurrence or aggravation of an injury, and (3) medical evidence of a nexus between the claimed in-service injury and the present disability. Caluza v. Brown, 7 Vet. App. 498 (1995).
  11. I was treated for Vertigo, hearing loss, and tinnitus in service. The treatment is noted in my service records. Perhaps the reason they are sending you for another examination is because the Nurse Practitioner was not qualified to make a diagnosis of Meniere's Disease. I was initially sent to two Audiologists who were not qualified to diagnose Meniere's. I was then sent to a VA otolaryngologist who was instructed to only determine whether my hearing was service connected, and not if I was service connected for Meniere's. That ENT Specialist did service connect me for Meniere's, but the VA ignored it. I also had two two private otolaryngologists who diagnosed me with Meniere's plus I had one strong IMO from a private physician. The VA doctor who examine me ignored my doctors' opinions and did not link my Meniere's to service. The BVA Judge disagreed and granted service connection for meniere's. Hopefully you are being examined by a doctor who is qualified.
  12. Unlike other individuals, I listen to all different points of views. My wife hates that I do, but I do not agree with her. One has to listen to both sides in order to make a fair assessment of the truth. After I served over 8 years in the military, I NEVER felt I was treated different. Getting back to the original point, Vietnam Era veterans should not be treated different than post 9-11 veterans. We are.
  13. Since I am a Vietnam Era veteran, this does not affect me, unfortunately. However, I agree with GeekySquid. History will not be kind on Trump. After Mueller, the Internal Revenue Service, and the courts finish with him. he and his family will be penniless. This man, in my humble opinion, will be found to be a traitor that has colluded with Russian on so many different levels. He will be forever known as Benedict Trump. Initially, I thought he was concerned about the "Golden Showers" tapes being released by Russia. Now I realize that it is all about money. If anyone is familiar with the term "RICO", understands what is about to happen to Trump. He will be impeached, convicted and hopefully sentenced to prison for the rest of his life. I, for one, a lifelong Republican, hope that he is either hanged or spends the rest of his life in prison.
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