Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

63Charlie

Senior Chief Petty Officer
  • Posts

    564
  • Joined

  • Last visited

  • Days Won

    5

Posts posted by 63Charlie

  1. 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?

     

  2. 54 minutes ago, vetquest said:

    IMHO you have a problem and it is time to come clean if asked again.  Alcohol abuse is a escape for PTSD.  I drank for years to survive and all I was doing was surviving.  I was a high functioning alcoholic, meaning during the day I was a respected professional, after six I was a drunk.  I was not really fooling my wife or doctor, I had a problem that needed to get taken care of.     

    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.

     

  3. 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..

  4. 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..

  5.  

    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.

  6.  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.

     

  7. 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.

  8. 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.

  9. 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.

  10. As the OP stated, the C&P examiner's opinion stated "IS LESS AS LIKELY AS NOT " which indicates the examiner opinion was UNFAVORABLE toward an approval of your benefit claim.

    To be favorable the opinion should state AT LEAST AS LIKELY AS NOT, or MORE LIKELY AS NOT.

    Based upon the above, the VA is not following the rules by not adjudicating your claim..

    When the VA plays silly games, I find it MUCH more productive to hire a pro.

    When the VA plays silly games, the veteran always gets silly prizes.

  11. I checked on my appeals status today.

    VA.gov indicated i was approaching the deadline to submit VA Form 9.

    It indicated June 3 is the deadline to submit the forms.

     

    I called the VA 800 line and asked if anything has been filed by my attorney regarding the above appeals.

    I was told nothing has been filed on the appeals and the deadline was fast approaching

     

    I emailed my attorney while I was on the line with the VA person.

    My attorney reached out to me right away.

    He said that  a form opting me out of the Legacy Appeals and into the AMA process was submitted on my behalf

    My lawyer told me what form it was he submitted so I asked the VA rep still on the line to check for it.

     

    Whaddya know...there it was.

     

    Wasted an hour on the phone and was provided incorrect information to boot.

    The website doesn't work right either if it fails to update important information.

    I give the VA a failing grade.

     

     

     

  12. I was assigned to basic training unit, A-2-4, Fort Knox,1979, and we received injections that made our entire unit so sick that the Army stopped our PT and confined us to quarters until our symptoms subsided.

    The symptoms that we had was nausea, vomiting, fever, dizziness.

    We were guinea pigs.

    I'll never know what the Army injected us with.

    My service treatment medical records show that I began experiencing chronic respiratory illness after the injections were administered.

    Bilateral lung field calcifications show up on my chest xrays on my discharge examination.

    Here is a link by the GAO concerning experiments on service members:

    http://archive.gao.gov/t2pbat2/152601.pdf

     

  13. 22 hours ago, broncovet said:

    Congratulations!  If hadit has helped you win this, then you should remember tbird and donate to keep hadit going for other Vets.  As an example, you can purchase a subscription to hadit, here:

    https://community.hadit.com/subscriptions/

    I donated to hadit, and love the ad free subscription.  It loads much faster without ads.  

    I made the mistake of hiring an IMO doctor(BASH) that Hadit recommended to write a medical opinion.

    The IMO was never written.

    I lost $2000.00 to this guy.

    Silly that you would ask me to donate money to this website as BASH still appears on the Hadit Podcasts.

     

×
×
  • Create New...

Important Information

Guidelines and Terms of Use