Capt.

Hello,,,,,, I just wanted to add that I have used the DAV, and the VVA . I now have a lawyer. My C file is HUGE. Partly because of all the evidence I turned in which included large medical files, records and the fact that I have multiple health problems. My lawyer has filed the NOD BEFORE the one yr appeal limit. It will be with a DRO on a reconsideration notice. I agree with some of the other comments. A lawyer lets the VA know they are going to following 38cfrs and the case laws thruout the journey. It makes the VA put their "best" ....lol.....people on it so I do believe that you will not or should not have to put up with the runaround that they give to the veteran and his "VSO" or without a lawyer. I am not saying that they still will just cave in to the Vets claim , but it will eventually end up in the COVA. I enjoy be able to have someone "calm" me down after looking at the buffoons at the VA and what they don't do. It is also comforting to know that you have someone helping you and that you can still research and get your evidence to your legal representative and let him or her decide if its valid and can help your claim. I am sure that all veterans have had to go thru this anxiety of dealing with the VA and its only natural that ALL VETs have done things that really, probably didn't help their claim early on. I did it too by making it more complicated and I have talked to other Vets that also have done that. But in the long run I think it will,,,,,as stated already, result in a better chance of succeeding. I wish you well in your endeavor and above all......NEVER GIVE UP. God Bless, C.C.

Hello Wings. This is so ridiculous it is hard to believe. The American public does not have a clue on what the Vets of this country have to put up with. This is outrageous and is criminal. It is all about time .......RO says they did not get it,,,, BVA says they did not get it......then the BVA remands it back to RO........ RO says they dont have it and then do after 3 or 4 years of ping pong....even with you showing the USPS certified receipt, then BVA will remand it again.... This country needs to take back what was once precious to it....Its Veterans. Maybe another Dr. Phil time.....Can your congressman or senator help in this case? Are they going to keep playing this game until COVA gets it??? Wings you have helped so many and this must be very discouraging as it certainly discourages me. Maybe all of us should prepare for this type of treatment and at the least , it shows us the types of battles to prepare for. Berta ,,,,being the battle warrior and trained in this, might have something to offer here. I wish I could say something that would help but I am so mad , I dont know what to say but to NEVER GIVE UP........ The VA is hoping this happens and you know this. God Bless, C.C.

Hello,,,,, It looks like you may have a can of worms here. There still may be a way to reopen if you have a CUE or some new material evidence not known at the time. I am not sure how this will be done but I know that some deadlines missed can still be gathered for the veteran's favor. Any statement does not need a notory nor does it need to be proven up in court. A lay statment or buddy statement is very easy and only needs to state what they say or know or observed and at the end of the statement , it closes with "I hereby certify that the information I have given is to the best of my knowledge and belief". with their signature to it. If it is an old buddy from your service days , you will have to supply his DD214 and a phone number and address. I have used the "buddy statement" lay statements alot. They carry weight and can be what tips the scales to the veterans cause. Coupled with IMOs and the proper wording you will prevail eventually. But it still looks like you will be starting over as the period required and requested was missed. I sure hope you the best and please let us know what transpires and the VA's answers. God Bless, NEVER GIVE UP. C.C.

Hello Bonzai, I believe you should make your best effort to show the divorce decree. I would also get at least 2 TWO and 3 would be better, certified copies. One for you and One for the VA. You may need it if they "loose" it. Your EED of the divorce decree is legally in your favor and represents money prorated from that date. Another thing to think about is are there any children under 21 or were any in college during that period? If so did you have custody of them after? This would mean more money they owed you. I agree with Berta get copies returned for sure and I do not believe at this point of your NOD , that it will slow the process at all. Remember that you also have time to turn in any evidence or records that will help VA to adjudicate your claim. As far as the VCAA, duty to assist, I would not count on VA to help you with anything. It will be in your best interest to follow up. It seems that from what most of the folks here at our family Hadit have experienced, with the time frame of NOD's and appeals ....it seems to run about a year , sometimes more. The 21-4138 is basically used for all of your pertinent information or records to be turned in and should be used always. Your 21-686 should be turned in if not already done. Please remember that the VA is not going to rule in your favor until you supply them with the evidence to effectively prove you are entitled to it. Hope all works out for you as it means backpay money and possible future benefits to you or your children. God Bless, NEVER GIVE UP. C.C.

Hello Vet in Tex ,,,,, Berta is right. Please understand that the Agent Orange issue is not the only recognized exposure and not just for Vietnam Vets. They 38 CFRs are very specific about other exposures including other Dioxins and other chemicals. You will need IMO's . Independent Medical Opinions. Make sure that your service military files , buddy statements , and service Medical records are examined by your Independent Doctor. Please do not think that VA doctors cannot be used. THEY CAN. It helps to have both. When making the connection to your service connection exposure claim , you will need the evidence and the doctor will have to note that he has reviewed the documents that you are using as evidence and given to the VA. The doctor should say...."it is as least as likely as not" or "is the most likely cause". These phrases are legal "triggers" that the BVA or COVA or in some cases, the DRO will have to acknowledge. Covering your bases and making it simple seems to protect you for your battle. GOD BLESS, and remember ,,,,,,NEVER GIVE UP. C.C.

Hello Berta, YOU HANG IN THERE GIRL....if it wasnt for your help with me I would have quit and been hung out to dry. You know they are playing there bluffs and its all about time. You know the games better than them and they know it. SCARED and uable to deal with you because you are not like the rest of the Veterans they push around. They must deal with the evidence sometime. BVA or COVA its got to be seen and heard eventually. I am just starting my voyage of terror with the AMC and only have about a 1/3 of your time on this one. One thing is for sure ,,,,alot of people here love you and your family is here. I agree with the others ,,,,,CBS, DR. Phil , CNN or someone needs to see this. What would Congressman Filner think , maybe its time to see how Dr. Shinseki's pulse is too. God Bless you Berta. Please remember what you always told me ......NEVER GIVE UP. C.C.

Hello Klue,,,,,I do know what you are going thru and trying to get the VA to acknowledge your problem is almost impossible. Just keep complaining and have them continue to put it in the progress reports. Also please try and follow the advice I and some others have given. It is the strength in numbers of those that have gone before you that have already had to fact the VA , that this experience will help you in the long run. It also helps you to cut down on the "going down the wrong road approach" which many of us have already done. I wish you well and keep us posted on the results. God Bless, NEVER GIVE UP. C.C.

Hello Teac,,,,,,I just wanted to say that I too have a chronic cough. It is not a heavy cough ,,,but like hard clearing of throat but it goes on all day, with sputem production. I am on Benzonatate(sp) and have been for years. I am also diagnosed with restricted/obstructive lung disease. My military medical records show Upper Respiratory Infections, (6) , Flu like symptoms (1), Streep Throat (1) and Ear Infection with forced drainage. Though my problems started there at Fort Greely , the cough came about a yr or so later. I do not smoke......Though not just unbearable , it is annoying and certainly not normal. I probably can relate to what Klue is going thru. My cough with sputem production has been treated ever since and well documented for the past 10 years at the VA. Hope this helps. God Bless, NEVER GIVE UP. C.C.

It is so sad when a family member here dies , and especially after fighting the dogs at the VA and receiving what he was deserved just before his untimely departure. My heartfelt condolances to his family and lets us remember Arch and his family in prayers. It is also noteworthy to notify the dear lady that she is eligble for his pensions widows DIC and the cemetary responsibility and help from the VA including his headstone, which information for filing is set up on this wonderful website. God Bless and thank you Carlie for the posting of this. NEVER GIVE UP. C.C.

Hello Klue,,,,,Sharon brought up a point that I forgot to inlcude and she is right on the mark. When you get an IMO , the doctor needs to review your records from SMR's , YOUR MILITARY MEDICAL RECORDS, and any supporting evidence such as State Environmental Reports, EPA or BRAC, Corps of Engineers for instance. Make sure that he list those in his Nexus, that they were reviewed and then his opinion that "it is at least as likely as not" statement is put forth and that it started in your military service and that " there is no other likely or reasonable eitology or cause. Make sure to list all medications you are taking.Your buddy statements can carry weight also and help to tip the scales in your favor when all of the evidence is weighed. ALSO REMEMBER , that according to VHA directive Oct 2008 , you are allowed to even have your VA doctors help to write a nexus and do not be afraid to explain that to them and carry a copy of the directive so that they will understand , they can write a nexus. Most Veterans do not realize that they can assist the doctor in writing there nexus , both Independent and VA doctors. You are legally within your rights to write the nexus in a way that will be acceptable to the VA , with proper wording and as long as everything is truthful, factual ,supported by reports, statements, evidence, the doctor can sign off on it. Some doctors think ,,,,,think they know what they are doing when writing opinions , but really there are only a handful that know how to properly word it in a way the VA will really take notice and give in. Do not be afraid to write up a nexus with your doctors opinion and post it here for people to comment on and to have it "fine tuned" I would certainly do that before I just sent in a doctors nexus,WITHOUT YOUR INPUT, until you see how the doctor worded it and what was said and specifically addressed.Especially if this involves a VCAA letter that you should comply with what the VA wants. You are going to win ,,,,,,,it may take some time......but remember , you are not alone.........and always remember.......NEVER GIVE UP..God Bless, C.C.

Hello Klue....I am looking at some of what the VA asked for in the VCAA letter inwhich they asked you for any additional evidence showing your condition existed during military. This seems to be the VA's real gripe. Can you produce a SMR or Clinic , military hospital record of any of your complaints? Can you get perhaps 2 buddy statements stating you were sick and give what they noticed on a statement? Were you given any medications while in the service that would coloborate your illness/complaints? I would definetly get a good IMO (Independent Medical Opinion) about your in service connection to your disease.It will definitely help your claim. What was your MOS and was it related to being around toxic substances and can you prove that? Your case is not unattainable and unwinnable. You just need some minor adjustments.It sounds that you just need to fill in the dots and put it forth in a way that closes the VA door to denial. Make it simple , to the point and accurate. Make sure all of those ghost doors are open and none of them shut. I to am going thru this and what I have given you is really the only way that the VA is going to look at it and give you the benefit of a doubt. Try posting again and let us know what you came up with on some of these minor setbacks. Take Care , God Bless, and Remember......NEVER GIVE UP.....C.C.

Hello Carlie, Thank you for posting this. It seems that the Inspector General knows the VA is lieing to them. They even point it out thruout this report. The problem is that both the House and Senate cannot do anything to the VA to discipline them, or to correct the problems. Not only that but both the House and the Senate are incapable of making the VA to follow the law. Again the VA wins and the Veteran looses. Does Secretary Dr. Shenseki really care? Maybe CBS and Dr. Phil need to follow up. Certainly Veterans are not to be surprised by these reports. Once again thank you Carlie for posting this and keeping our Veterans informed of the dogs we call the VA. God Bless, NEVER GIVE UP. C.C.

God Bless you and please heal up .....we need you. NEVER GIVE UP. C.C.

Hello Bern, You have gotten some good advice so far. I too , like Pete would pray about it as there are so many VSO's out there. It is going to take some patience and meeting with different groups such as AL, DAV, VVA, VFW, and some more. I started with the DAV then went to VVA and finally to a lawyer which I qualified under the new law. If you did not receive an initial decision on a claim until after June 21 , 2007 then you are eligible for retaining a lawyer to represent you in your appeal/nod. I was not happy with the DAV and their overhaul handling of my case. I did get a good VVN rep later , but he grew weary with all the VA delays and their inability to read the evidence or medical reports. I was his last client before he retired. Try to remember that the folks here at Hadit ....our family...... have been thru the VA minefield. Some may have some ideas on who to help you. There is a wealth of information here and I would try and gather as much information here as possible. However noone takes better care of your claim than you and noone will be as familiar with the details of your claim than you. Just try and bring the details of your claim here (if your comfortable with that) and ask help on what or how to do the next steps. Please do not let any claim die. Always keep it alive and moving to the next step. Make extra copies of all correspondence, send everything by registered certified mail/signature required. And make all deadlines. And above all. NEVER GIVE UP. God Bless, C.C.

Hello Donews. I too have Pn of all extremities hands and feet though I am waiting to be SC. At present I do not have diabetes but it is from a chemical exposure (Multis). I believe that the code will only go to a maz of 60 percent but you can get 10 perdcent per extremeity if I remember the Code. This pertaining to the EMG and Nerve conductivity of which I have had 3 from the VA and 1 from and outside Neurologist.Yes I still am waiting to get my appeal in to fight the sc part. Also other diseases that are secondary can come from it. Dioxin , AO is the Culprit and exposure must be proved. It is important to know that a battle is brewing with Congress to make a law that covers all vets with PN no matter where you served . If you have the disese then you were exposed PRESUMPTIVE . All veterans need to be calling there Cong and Senators and let them know the law has to be specific. You may be able to get a 30 percent rating on each limp too if they have not changed it from last yr. I wish you well brother and hopefully I will not be too far behind you in getting sc and your award. God Bless, C,C, Never Give Up

Hello Hoppy, I hope you are doing fine. It seems that the RO finds it easier to move their quota from their desk to the BVA without reading any of the pertinent information/evidence. I used a BVA decision and quoted it in my Claim . In this case the Veteran had a very good IMO that specifically attacked the AO ruling in the 38 CFR for acute and subacute. The IMO written by Dr. Durham was so good as to show chronicity that the BVA agreed and the Veteran prevailed. I posted this decision at Hadit for others and Berta has told me she uses this to help her AO vets. The point I am trying to make is that an IMO that is done properly will have to be addressed at some point. Yes I agree with Berta, Jbass, Rental ,and Mags that even with a great IMO the BVA can ignore it and sometimes does. That the CAVC may be more strict in enforcing and deciding a "precendential law decision." Until Congress passes a law making the RO and the BVA to follow Precendential Law decisions then the claims backlog will grow and the remand order from BVA back to the RO will grow. I am probably going to have a panic attack if the RO does not move positively on my claim which is in the NOD reconcideration phase, in the next 45 days. I am hoping that Congressman Filner will entroduce a bill for Vets that forces the Precendential decisions from other RO and BVA cases. If enough of us here at Hadit call our Congress and Senators and point out the need and bombard Cong Filners office with this, then this is the only way the claims and remand backlogs will move forward fast.It will be a necessary law that will prove fair to the Veteran. Something needed for a long time. I am also hoping that the AO exposure law that Congressman Filner is sponsoring will go thru. EXPOSURE IS EXPOSURE,period. Hoppy , I would still continue to support the Vets claim with other BVA decisions and any similiarity to those decisions even if the BVA or RO ignore it. Regardless of the RO not wanting to read it because the Cfile gets to be a foot thick and the fact that, as Berta pointed out the BVA mostly uses the unique case ruling , eventually the CAVC will get it and they usually follow the Precendential law decisions. The Veteran would also have this in his record should the law be changed and then the Vet is retro and grandfathered in sometime down the road. Good luck Hoppy and God Bless, C.C. NEVER GIVE UP.

Congratulations indeed..... The more happy stories like this are posted the better it is for all of us. God Bless, C.C. NEVER GIVE UP

YESSIR<<<<<AMEN> ... Congradualtions......This is not only a great victory for yourself and family but encourages us all here at the HADIT family who patiently wait on the VA. God Bless, C.C. NEVER GIVE UP

I hope everyone is fine and wish I could have posted this earlier but have had some health setbacks and not able to be as proactive as I would like. I have actively pursued FOIA with Dept. like DOD, US Army , EPA , National Archives and Records, US Nuclear Regulatory Commission, OSHA and it has been a nightmare. I have sent certified letters to all of these including one to the Inspector General. I have also been specific on several forms and records and it has not produced any documents. The favorite ploy is to write you back and either refer you to this or that agency or they will say " a thorough search of our records but found no records pertaining to your request", or "your response has been forwarded to" or "this agency has no knowledge". So far the only agency that has tried to be helpful is the EPA Region 10 Office and they have called me numerous times and have been very cooperative. Oh yes , I have 3 Senators and a Congressman trying to help and so far there has been no compliance with any FOIA request even with the specific title, and DD or DA number forms. This is so outrageous and frustrating that noone wants to comply with law and now it seems the VA and any associated agency now have full cooperation within the scopes of their Departments to protect them and to further frustrate the efforts of the Veteran and his rights. This system is gone and incapable of operating even when there is law involved. Anyone have any ideas or similiar dealings with FOIA, then please by all mean share? God Bless, C.C. NEVER GIVE UP.

Hello Berta, I know that this does not seem fair and its not , but the VA seems to have forgotten who they are messing with. You have continually prevailed against them and you will prevail again. The only thing they have in their favor is time and coupled with the fact that Regional Offices and BVA cannot seem to able to use/acknowledge the Veterans evidence. Bring the shredding into it and you are back to square one......TIME. Berta , you have been such a blessing to me and have kept me going with my claim and I am truly thankful for the help you have given me and others here at Hadit. I know that the evidence has to be used and considered, whether it will be a cue or goes to RO thru the remand process and appeals process. Thank you again Berta and hang in there, and be sure to keep us posted on this event as many of us are going to have to go thru what you are doing now. God Bless. C.C. NEVER GIVE UP

Hello TS,,,, Actually you may help the doctor to write a proper Nexus. Though I do not have the VA 38 CFR or M21 but someone will post it. I think I did post it here a while back. The Veteran may write the nexus up and help the Doctor as long as all statements are true and the Doctor has reviewed the records you use. I have had to do as you have done and help the doctors to write the nexus to "satisfy" the VA criteria. I am not happy myself with one nexus I got and need the doctor to rewrite it ,,,,if he will. Some doctors just get offended that they know more than the VA and "staff" usually will not or refuse to do that because they "think" it is illegal. Berta is right on the corraboration on the doctors. Let the doctors all agee with each other making remarks on the other and their agreement to the causes and the link using "most likely as not' , as least as likely as not" wording. Hang in there ...God Bless , C.C. NEVER GIVE UP

Hello PE1, John is pretty right on. I will say that my initial claim started in San Antonio at the Frank Tejeda Center , with the Disabled American Vets. The supervisor is a man named Kent Hoffman and he is very knowledgable about claims. He may be difficult to see and you will have to wait to get in. I only used them to start my claim and have used the DAV, VVA and now have a lawyer. VSO's are hard to find and not remembering that noone can know your claim , injuries or illnesses than the Veteran. Hope this helps. God Bless. C.C. NEVER GIVE UP

Hello Tssnave,,,, only have the form and am sorry it did not come out clear. Perhaps a search engine listing this may bring it up. However you can call your nearest VA hospital and ask to speak to records dept. Hope everything works out with your claim and hope this helps. God Bless, C.C. NEVER GIVE UP

Hello Skunk, You have a lot of support and other brothers and sisters here that are caring and praying .....PRETTY AWESOME. Romans 8:28. It will be for good and somehow not just you but some others are going to be helped and encouraged. God Bless, C. C. NEVER GIVE UP

Congratulations. Perservance and persistance. God Bless, C.C. NEVER GIVE UP