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63Charlie
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Posts posted by 63Charlie
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I get a letter in the mail today from my power of attorney the American Legion.
The letter stated that the American Legion is affiliated with the law firm of Bergman and Moore
It stated that B&M reviewed a recent BVA decision and they want to represent me at the CAVC.
I was asked to call Bergman and Moore asap.
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On May 4, 2023, the BVA awarded grants on all of my issues that I've been appealing for 8 years.
The BVA judge's fairness surprised me.
The VA legal battles are now over for me.
All I have to do now is to just keep "breathing"(living).
I have left the field.
Q: For those who are receiving clothing allowances, did you guys hear anything that after this year, you won't have to reapply each year?
I was told this today when I submitted my annual clothing allowance form at the local VA prosthetics department.
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February 2, 2023, the motion I filed to advance my appeals on the BVA docket was granted.
My appeals were then placed with a VLJ at the Board.
After this happened, my VSO submitted a Privacy Act Request for my claims file.
On February 9, 2023, I receive notification that my appeals are now placed on hold, according to VA, because my VSO submitted a Privacy Act request.
I think it's wrong to delay my appeals for their reason stated below, and I don't know how to fix this.
See below:
You or your representative filed a Privacy Act request. The Board placed your appeal on hold until this request is satisfied.
Please do not reply to this email, as this account is used for sending messages only.
To check your appeal status, visit https://www.va.gov/claim-or-appeal-status or call 1-800-827-1000 from 8:00 a.m. to 9:00 p.m. (ET), Monday through Friday.
If you wish to contact the Board of Veterans’ Appeals (Board), or submit a statement or documents to the Board, please work with your Veterans Service Organization (VSO) or representative, if you have one. All submissions must include the Veteran’s name and claims file number, and can be submitted via mail or fax:
Board of Veterans’ Appeals
P.O. Box 27063
Washington, DC 20038
FAX: 1-844-678-8979 (Toll Free) -
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Several issues that have been on appeal at the BVA hamster wheel a long time have FINALLY been assigned to a VLJ .
Pretty sure I will win some of the issues because, for me, when they think an appeal has merit, they delay adjudicating those ones for the longest time.
But, again, I find there are always Board errors, so I'll have those to appeal to the Court (CAVC).
The Court, I find, has been good to me in all matters VA
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Seems like the VA never granted the SSD/Chronic Pain Syndrome even after the ALJ stated it was part of my service connected psych disabilities.
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I think the VA failed in their Duty To Assist after Judge Skalsounis(BVA) mentioned in in his decision but VA never awarded it...if i am correct?
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It was remanded and then denied service connection.
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They never rated it.
They denied it.
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A judge at the Board stated/ruled my chronic pain was part of my psychological disabilities and said it was service connected.
VA never awarded it.
A DBQ by a Psy.D (claims file record) stated my chronic pain is intertwined/comorbid with my service connected depression and service connected anxiety and diagnosed me with somatic symptom disorder.
A recent remand from the CAVC to the BVA resulted in a DROC decision denying service connection for chronic pain stating there is no diagnosis for this condition.
Is this a CUE?
I appealed it to the BVA, not as a CUE
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Is Chronic Pain Syndrome categorized by VA as a psychiatric disorder?
Did things change under the revisions of DSM-5 so now it is Somatic Symptom Disorder?
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I went to a C&P exam just this morning for my feet and ankle disabilities.
The C&P exam got heated when the examiner began asking me questions that are too complex for me to accurately answer.
She was making me more confused and anxious by the minute.
I advised that I had sent the VA all of the medical records for my conditions.
I asked the examiner if she had looked at my claims file records.
I stated. " Had you reviewed my records, you would already know the answers to all of those questions.
She replied, " You don't tell me how to do my job".
I said, " Right, I totally agree".
I said, 'I'm really not telling you how to do your job. I'm only pointing out what needed improvement".
She threatened that she would make me leave the exam if I didn't stop yelling.
I NEVER yelled at her a single time.
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Currently statutory SMC-S, housebound disability rated with (100% + 60%)
I'm within the 90 day evidence submission period at the BVA and fighting for an increase from 30% to 100% for Meniere's Disease.
Would a new 100% rating for MD increase my SMC?
I am about ready to say hasta la vista fighting the vA corruption.
If there is no more compensation money going forward I am done with all the VBA BS.
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Thanks again, Mr. Cue.
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My complaint was well received.
Going to the C&P exam after receiving the following email from QTC today:
Bilateral Tynosynovitis Of Foot
CONTENTION TYPE:
SECONDARY
MEDICAL RECORD:
Y
BENEFIT PROGRAM:
Compensation
DISABILITY NAME:
MEDICAL OPINION:
Y
DISABILITY TYPE:
Claimed
REMAND:
N
SECONDARY SERVICE CONNECTED DISABILITY
flatfoot (BL)
WORKSHEETS:
EXAM TYPE
1015_1
15045_1
1015_7
1015_8
SPECIALIST
GEN
GEN
GEN
GEN
Special Issues:
CONTENTION NOTES:
TYPE OF MEDICAL OPINION REQUESTED: Secondary Service connection.
Is the Veteran's bilateral tynosynovitis of foot at least as likely as not (50 percent or greater probability) proximately due to or the result of:
• flatfoot
Tarsal Tunnel Syndrome Of Bilateral Ankles
CONTENTION TYPE:
SECONDARY
MEDICAL RECORD:
Y
BENEFIT PROGRAM:
Compensation
DISABILITY NAME:
MEDICAL OPINION:
Y
DISABILITY TYPE:
Claimed
REMAND:
N
SECONDARY SERVICE CONNECTED DISABILITY
right posterior tibial tendonitis and osteoarthritis (RL)
CONTENTION: Bilateral Tynosynovitis Of Ankle
CONTENTION TYPE:
SECONDARY
MEDICAL RECORD:
Y
BENEFIT PROGRAM:
Compensation
DISABILITY NAME:
MEDICAL OPINION:
Y
DISABILITY TYPE:
Claimed
REMAND:
N
SECONDARY SERVICE CONNECTED DISABILITY
flatfoot (BL)
WORKSHEETS:
EXAM TYPE
2045_1
1015_1
1015_5
1015_6
SPECIALIST
GEN
GEN
GEN
GEN
Special Issues:
CONTENTION NOTES:
TYPE OF MEDICAL OPINION REQUESTED: Secondary Service connection.
Is the Veteran's bilateral tynosynovitis of ankle at least as likely as not (50 percent or greater probability) proximately due to or the result of:
• flatfoot
Rationale must be provided in the appropriate section.
Please review the Veteran's electronic folder(s) and state that it was reviewed in your report.
Neuritis Of Bilateral Feet
CONTENTION TYPE:
SECONDARY
MEDICAL RECORD:
Y
BENEFIT PROGRAM:
Compensation
DISABILITY NAME:
MEDICAL OPINION:
Y
DISABILITY TYPE:
Claimed
REMAND:
N
SECONDARY SERVICE CONNECTED DISABILITY
flatfoot (BL)
WORKSHEETS:
EXAM TYPE
15045_1
1015_1
1015_3
1015_4
SPECIALIST
GEN
GEN
GEN
GEN
Special Issues:
CONTENTION NOTES:
TYPE OF MEDICAL OPINION REQUESTED: Secondary Service connection.
Is the Veteran's Neuritis of Bilateral Feet at least as likely as not (50 percent or greater probability) proximately due to or the result of:
• flatfoot
Rationale must be provided in the appropriate section.
Yelena Kislyuk
QTC Management – A Leidos Company
Office 800-682-9701 ext 61643
Fax (800) 253-1677
https://mail.google.com/mail/u/0?ui=2&ik=73d5258ad5&attid=0.1&permmsgid=msg-f:1744599822639853466&th=1836104b9fa86f9a&view=fimg&fur=ip&sz=s0-l75-ft&attbid=ANGjdJ9oEfysRIod6J1j0BF4iiJGk7A6mNYFsjTWLuqEAB1JAwLNZTjcpKZkJ-9_lztUPC36DpXCg5DMC3oDR7q1a-0YKKgmOFKXQ4Hkid9gWJ3u8U6bgSn1kGzJzDQ&disp=emb
Examinations for America’s Heroes
The email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. If you have received this email in error, please notify the system manager. Please note that any view or opinions present in this email are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email.
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4 hours ago, broncovet said:
Good luck with that. Tbird and myself gave you advice consistent with lawyers and professional Veterans advocates, as I will explain, below:
CCK law agrees with Tbird and myself that you should go to exams:
https://cck-law.com/veterans-law/can-i-lose-my-va-benefits-if-i-don-t-attend-my-cp-exam/
Further, VA employees and examiners (including contractors) are given a presumptive of regularity. Example:
https://attigcurransteel.com/veterans-law-updates/va-medical-examiners-competence-presumption-rizzo/
This means that VA employees, and VA docs (including contractor exams) are assumed to be correct and doing their job correctly.
Yes, we can challenge the competency of an examiner. Example: https://cck-law.com/blog/how-to-challenge-va-cp-exam/
Its my opinion that CCK law, Attig Steele would not give advice to VEterans which they did not think was in their best interest. Remember, when you hire CCK law or one of the others, their payment is also based on results, so they have a personal interest in the Veteran getting the largest retro possible, and doing things which will likely get that.
If "refusing exams" led to a better outcome, we would be seeing Vets all over refusing c and p exams to increase their chances
Does touting the likes of CC&K really make you feel knowledgeable?
Have they been successful for you personally?
Is there more to this story you will share?
Since we all like to share opinions here...this one is mine.
CC&K refused to represent me on multiple occasions.
Why?
At first, I, too, thought highly of CC&K when I was new to the appeals process.
By turning down representation CC&K made me feel small, and unimportant, but I soldiered on without the likes of their high profile law firm that you hold in such high regard.
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36 minutes ago, blahsaysme2u said:
i didnt refuse but i pointed out that they were examining wrong leg and foot for the claim i had submited....the VA took that as a refusal for exam; when i win this i will post my results so you have your first example
I'm similarly situated.
Called the VA Whitehouse and dictated my message to them over the phone that I had submitted online on a VA form(file) stating my objection to opening all of my static claims for review under a general examination.
If the VA needs a C&P exam, I argue it should focus only on the new claims as it was never for an increase in my static disabilities.
I think the VA hungers for another bite at that apple by sending me to a bogus C&P exam on my static disabilities.
This is wrongful, and irregular, and that is the very reason vets are afraid to file new claims.
They fear reduction of their benefits.
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4 minutes ago, broncovet said:
I agree with Tbird. "NOT attending a c and p exam" is a perfect excuse for VA to deny you. Even if you were able to win this on appeals, do you really want to add years to your claim by refusing a one hour exam? I dont. Its a no brainer. VA calls for an exam, you go.
"Fighting VA" on exams is unlikely to be productive. They have sole discretion on whether or not to order an exam, we dont get a say in that.
While I may be criticized for "not fighting", I limit my fights to those I get paid for. Or at least might get paid.
The risk/benefit ratio of not attending an exam is NOT in the Veterans favor. THERE is a high likelyhood of a denial, and a low likelyhood of anything favorable happening by refusing an exam.
If this is about "fear of reduction", then address that fear by reading, again , the regulations about all the stuff VA has to do to reduce you, "especially" when You are P and T or over 5 years service connected.
The VA cant reduce you, "unless" you have "actual improvement under ordinary conditions of life"..
source: https://www.law.cornell.edu/cfr/text/38/3.344
Sometimes "fear of reduction" makes us make bad choices, like skipping an exam.
Skip a c and p exam at your own risk. I dont recommend skipping an exam "unless there is a compelling reason" and you can reschedule the exam.
To sum this up, I submitted new claims for distinct and separate disabilities from my currently rated static disabilities.
I am NOT asking for an increase for any of my static disabilities.
There is no medical evidence supportive of sustained improvement for any of my static disabilities.
I won't subject myself to a general examination as it is my right to keep the VA from scrutinizing my static claims.
If the VA denies my new claims just because I don't go to their general C&P exam, so be it.
I'll fight if the need arises.
Your opinion is noted.
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https://community.hadit.com/messenger/77823/
Link to "supposed" VA employee brokensoldier244th personal message to mine me for my personal info on this board as proof of my allegations.
We all should know by now that the rules don't apply to VA employees.
Only veterans.
How now brown cow?
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Does anyone know if there is a precedential opinion by the CAVC or Fed. Circuit pertaining to unnecessary VA C&P exams?
I'd like to cite the relevant opinion to the VA when I submit my formal statement.
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3 minutes ago, brokensoldier244th said:
Who would you rather hear something from, Joe at the VFW or a VSO that may not have bothered to update themselves in years, or someone that actually works within the system that you are asking about?
Since you asked, I will reply.
When I posted results of some of my appeals you private messaged me on this board wanting my personal identification information so you could "help" me.
Did you not?
Furthermore, for you to go into my claims file is against the rules, even if you ARE a VA employee.
Finally..I did not provide any of my personal info (SS #, etc.) to you, nor have I ever given you consent to look into my claims folder.
Take it for what it's worth.
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Thanks Mr. Cue.
Very stressed out at the moment.
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20 minutes ago, brokensoldier244th said:
You could have done that with less overhead by just calling the VA directly, or a 21-4138 indicating the oversight. *shrug*
A response typical of a VA employee.
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I just called the Whitehouse Hotline.
I pointed out the VA error of a general examination request with QTC.
I asked that my feet and ankles get a C&P exam, NOT all of my disabilities, as I'm NOT asking for an increase in those other disabilities.
I advised them I told QTC I will not be attending a General C&P exam.
The WH Hotline took my info and said a complaint will be filed.
Was advised somebody will get in touch with me.
I will also submit a statement to the VA on the proper form so this dispute is formally a matter of record.
Gulf War Issues
in VA Disability Claims Research
Posted · Edited by 63Charlie
Assuming you already have your entire military service records, file a "Notice Of Intent To File" to begin seeking compensation for ALL issues that you believe should be service connected, either direct, or secondary.
This will entitle you to the earliest possible compensation benefits.
Once you have collected the evidence meeting those three Caluza elements, file the claim(s) with that supporting evidence.
Get the Caluza's and get service connected:
1. Must have a current diagnois.
2. Documented event in service you allege caused your injury. (With ptsd.. that is called a "stressor".)
3. Independent Medical Opinion from a medical professional including Psy-D, M.D., P.A., or R-NP, that it's at least as likely as not that an in-service event resulted in your current condition. The medical professional must indicate they reviewed your military records and provide a reasonable supporting rationale included in their independent medical opinion.
This opinion does NOT have to be from your treating medical provider, as most of them in my case, refused to help me obtain benefits.
This establishes the nexus, aka connection, to service.
You are your best advocate.
P.S.: The VA does not like to pay compensation so expect to fight for what you have earned.