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63Charlie

Chief Petty Officers
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63Charlie last won the day on April 7

63Charlie had the most liked content!

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About 63Charlie

  • Rank
    E-6 Petty Officer 1st Class

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USA

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  1. Hey Riply, You should have been GRANTED service connection for your disability by the VARO based upon your private IME. Instead of granting, the VARO decided to fun you, so they sent you to a C&P examiner(NP) that they were confident would not render a favorable medical opinion. It is a VA practice known as "develop to deny" . I, too, have been subjected to this unlawful VA practice and, as a result, I have many appeals on the VA hamster wheel. If I die, it is game over and the VA will have gotten away with cheating my family and I out of the benefits I earned. The second necktie party given to you was with the lousy BVA remand. The NP C&P examiner's opinion was inadequate, and was rightfully tossed by the BVA. BUT, instead of a remand, BVA should have granted when there was adequate medical evidence, (the private IME) in your claims file to substantiate SC. IMO I believe there two, or more, legal errors here. Good luck.
  2. VA.gov shows I have a compensation appeal on my rating for an earlier effective date at the BVA awaiting to be assigned to a veterans law judge. VA.gov also shows other appeals for conditions where I am seeking service connection. It indicates that there are approximately 126,000 appeals ahead of me for a VLJ hearing. I told my attorney I don't want any hearing with any judge and that I choose for the BVA to rule on the evidence of record. I filed a Privacy/FOIA request in April 2019 for my entire claims file and was given a suspense date of August 2019, which has expired. My attorney states he opted me in to the AMA, with no hearing for my appeals. Why would VA.gov show I am still waiting for a hearing witha VLJ? And...is the appeal for an EED on a separate timeline(faster) than all the other appeals for service connection, as that is what I'm thinking?
  3. My wife says that if you want a clear drink of water, you gotta go to the head of the stream..
  4. Alcohol consumption until memory blackout, and subsequent passing out, was the way I coped for many years. Even today, I still want to escape by abusing alcohol because of what I can't erase from my mind...even knowing it would only be a temporary escape. If I didn't really love my wife...my train would definitely derail. VA sucks.
  5. You will need medical evidence showing your pre-existing pes planus was aggravated/worsened due to your military service. By having service treatment records that show a change in the condition from mild on the entrance exam to moderate on the discharge exam, and your submission of a lay statement that your symptoms during active duty required you to purchase inserts is favorable to grant the claim. I would dispute the service treatment record evaluation that states you were asymptomatic, as you found it necessary to purchase inserts to help with symptoms. The VA may not grant it based upon the above evidence. I am thinking the VA would most likely schedule you for a C&P exam once you file, and your could easily have a lousy C&P exam, like I did. You should try to get an independent medical examination with an opinion, at least as likely as not,or a completed DBQ, linking the aggravating of this condition to active duty. PRIOR to filing this claim. A primary care provider's opinion will suffice, however a specialist in orthopedics or podiatry is stronger medical evidence. Once this is done, submit the claim to the VARO as a fully developed claim..
  6. Mr. Gonzalez, If you ever see this.... I witnessed a personal assault against you by a Drill Sergeant after you collapsed from what appeared to be heat exhaustion while running PT. I witnessed this Drill Sergeant grab you by your boot when you were lying semi-conscious on the asphalt and drag you down that paved, hot asphalt road with your head and face dragging along on the asphalt. While this assault was being perpetrated, our unit was ordered to run circles around you while this animal was dragging you along on the asphalt of the road, head down. This helpless recruit was moaning in agony and I remember him sobbing. All the while, the Drill Sergeant was screaming at you and threatening more bodily harm. We were forced to run round and around circling you, watching this abuse, powerless to stop it. I was horrified by what I saw. I didn't know you personally but I made a point to get your last name off your uniform during the incident in case I could possibly be a witness if ever there became a way to hold this Drill Sergeant accountable.. What happened was brutal and wrong. If there is a God in heaven, I hope this man reads this blog. I am willing to provide a buddy letter in your behalf if you are suffering mental health problems from the egregious act..
  7. Broncovet's comment on this topic is inconsiderate, rude, snide, and sarcastic.
  8. These are the words written above the GATES OF HELL in Dante's Inferno : " Abandon hope all ye who enter here ". VA medical providers WILL falsify medical evidence to demonstrate improvement in service connected disabilities. Remember, the VA CAN reduce benefits if they have medical evidence showing improvement unless one has attained the twenty year threshold of protection.
  9. I can say for a fact that Dr. Ellis wasn't expensive. I guess he had a good mood toward me. I don't know if Dr.Ellis' opinions are going to result in grants at the BVA.... but it sure is better going to the BVA with favorable nexus letters due to the lying, incompetent, inadequate C&P medical "opinions" the VA used to deny benefits. Time will tell. Sorry for your bad experience with Dr. Ellis.
  10. My attorney recently opted me into the AMA after I received multiple Statement of Case/SSOC denying service connection for several disabilities. We are taking the path to the BVA with submission of new evidence(Nexus Letters). I'll try to post updates on progress.
  11. I filed a Federal Tort claim one time against the VA. Could not obtain counsel. It went nowhere but in some bureaucrats trash can. Filed an 1151 for the same incident, medical malpractice, based on negligence by VA not timely diagnosing and treating my spinal disorder. That one is on the famous VA hamster wheel for a couple more years at least.
  12. I got sent to a, fresh out of college, Nurse Practitioner for a Meniere's Syndrome exam at LHI. She told me she had applied for a job with the VA. After she so graciously shared her future career aspirations, the exam went like I expected it would. Ignored the evidence I placed in her hand(STRs) and used creative writing to form her "less likely as not" rationale". I complained to the VA, before and after the exam, stating this examiner was not competent to opine on a complex disorder such as Meniere's Syndrome. One of the symptoms of Meniere's Disease involves loss of hearing which, under the C.F.R, mandates an audiological C&P exam by a specialist. VA ignored me...again. Result: Another denial based on an inadequate C&P exam and another stinking appeal that should have never happened.
  13. I wanted to hire a law firm near Orlando when I first began the appeals process. My interest in hiring this local firm was based upon their informative YouTube videos. They had, and still have, a big internet footprint. I spoke directly to one of the firm's partners and asked what percentage do they charge. He said. "We charge 33%." I said, " Other VA law firms charge 20% to represent veterans." I asked, "Why do you charge more?" His replied, "We are worth it." And that was the end of our conversation. I thought that the fee percentage he quoted was excessive, so I didn't hire that firm. I didn't like the attorney's cockiness, either. In hindsight, this was a good decision as the attorney I have now got me to 100%, and charged 20%, however.... I had additional costs to come out of my pocket for Independent Medical Examinations.
  14. How do I obtain this individual's full name? I know the last name is signed WADE, on a Decision Review, but I really need the first name. I'm having issues dealing with what I suspect this person may have done.
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