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63Charlie
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Posts posted by 63Charlie
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29 minutes ago, Ufrustrated2 said:
"sign for va to pay for his time whether we win or not."
This obviously indicates your legal representative isn't knowledgeable in all matters VA.
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Attorneys representing veterans pursuing VA compensation are PROHIBITED from billing a veteran for legal fees, unless they win.
In my case, I needed Independent Medical Opinions to rebut the lies told by C&P examiners which the VA used to deny my claims.
Every law firm that I hired said they could help me get the IMOs I needed.
None of the FOUR previous law firms I had did... up until I hired the law firm of Pardue and Coskrey who is currently helping win my appeals.
I quickly discovered that law firms require that each previous law firm sign a waiver for their legal fees before another would agree to represent me.
You can fire an attorney at any time, for any reason, but getting them to sign the waiver of fees is a different matter.
I had one attorney in Dallas that didn't want to sign the waiver but she finally waived legal fees.
That was some tough going for a while without representation.
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If you have the evidence to back up a grant, why not go for it?
Sometimes fair decisions will only come once you move to the higher appellate level(BVA).
Nothing worth fighting for comes easy with the VA.
The severity of symptoms of your acquired pes planus determines your disability rating hence the monetary value of the above.
Severe pes planus can limit your ability to take care of yourself, cause secondary conditions, and possibly qualify you for SMC.
Don't give up.
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To top that off, the VA sent me an online questionnaire to rate my satisfaction with the BVA.
The VA mistakes resulting in an untimely delay will allow my attorney to profit more off of me so that right there is a kick in the teeth.
Not to mention that I tried to get my attorney to address this mistake a year ago and was told by him that the BVA will fix the mistake when the time comes.
I suppose by waiting on the VLJ ruling at the BVA would allow me to provide a more accurate assessment of their level of competency.
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I opted in to the BVA evidence docket under the AMA in April, 2019.
My appeals remained in Legacy and staff at the BVA refused to fix it even after I complained several times on the phone after finding the mistake on VA.gov showing I was scheduled for a hearing.
The VA finally corrected their mistake this month and my appeals are finally in the hands of a VLJ at the BVA
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How do I go about filing for compensation for travel pay?
Also, what steps do I need to take to file for compensation due to out of pocket medical provider co-pays and prescription co-pays?
Also, how far back can one go(time limit) with these type of claims since I have never sought compensation reimbursement?
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I just donated $50.00 from a Facebook link but I really wasn't aware(forgot) that the $50 donation would make me eligible to be a subscriber.
Can my membership be changed so I can become a subscriber from this donation?
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My appeal has been waiting to be sent to VLJ for over a year.
VA.gov updated today noting that a VLJ is reviewing my appeal.
Fifteen issues for the VLJ to decide dating back five years.
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5 minutes ago, SPO said:
Had my C&P this morning. The examiner seemed to be somewhat knowledgeable on the condition and said she didn't understand why I wasn't service connected in the first place. She said she knows that it causes pain in a lot of joint and that she was going to give an opinion that all my joints are service connected. However, actual physical exam left a lot to be desired. Pushed my through on range of motion a couple times and I'm totally unsure how this will play out as far as rating percentages are concerned. She did say she knows these conditions don't cause actual range of motion loss in most cases. So hopefully she notes a least painful motion so I don't end up with a 0% and have to keep fighting.
The majority of the C&P examiners in the Orlando area are incompetent, biased, and liars.
These chuckleheads have cost me thousands in benefits.
It seems that the few examiners that ARE honest don't last very long
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Thanks for the feedback on the quality of his service.
Based on this, I may hire him in the future if necessary.
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VA rejected a claim for ingrown toenails due to not having a current medical diagnosis for ingrown toenails.
Ingrown toenails was diagnosed and surgically treated in service.
I'm competent as a lay person to self-diagnose this recurring condition.
We will see how the BVA rules on it soon, hopefully.
Looked at the topic ..sorry for the derail
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I'm looking to build a new home.
Location is Florida.
Needing recommendations for lenders that will do a VA Construction loan.
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On 5/6/2020 at 7:09 PM, Chris Barnes said:
I was wondering if I should get an attorney.
You're trying to establish service connection.
Why don't you go see Dr. Ellis and obtain an independent medical examination?
He can provide a solid nexus opinion to support a grant.
You don't need an attorney for this.
IF you have the know-how to file your appeal with the BVA under the evidence docket, and submit your new relevant medical evidence(nexus opinion) on your own, you just saved yourself a boat load of retro money.
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In April 2019, my attorney timely opted me into the AMA for all issues on appeal after I received a SSOC.
The BVA seems to have left all of my issues in the Legacy Appeals system while only deciding(grant) one issue, April 2020, under the AMA.
I called the BVA and was informed that the rest of my appeals are still in Legacy appeals.
I called my attorney requesting that he sort this out with the BVA, but he made no effort to do so, which means I will suffer a long wait for a decision.
What do I file to bring it to the BVA's attention that I opted all issues into the AMA so they will properly get me out of Legacy?
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On 4/25/2020 at 8:06 AM, MKAH said:
The only thing that I feel might be possible is i have a sever balance (vertigo) problem. The VA treated me for Menieres Disease, however I still suffer from daily imbalance which has been well documented in my VA health record.
Did you have any symptoms(low frequency significant threshold shifts present on audiograms, ear pain, hearing loss, dizziness, tinnitus) attributable to Meniere's Disease recorded in your service treatment records while on active duty?
If so, a claim for Meniere's Disease may be in order.
Frequent bouts of vertigo relevant to Meniere's Disease should be awarded a 100% rating..
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Congrats.
If you aren't currently working due to your service connected disabilities, and have not previously filed for TDIU, you may want to consider filing immediately a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability.
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It took exactly two weeks after a BVA grant for 25k to hit my bank account today.
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1 hour ago, brokensoldier244th said:
The VBA also listed conflicting instructions in M21 instructing claim developers to "accept them at face value" while also instructing them not to accept them when done remotely/telehealth unless done by a contractor/VHA/C and P person.
The VA can do those.. but not the veteran.
Unfortunate.
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The VA's favorite reason for denial of service connection for a lot of my claims is: " No diagnosis of the condition was found in service medical records".
A diagnosis of a condition in service is NOT a legal requirement to establish service connection.
This rationale will NOT prevail.
I had to overcome this hurdle by obtaining independent medical examinations from private medical professionals that opine that the symptoms found in my service medical
record "at least as likely as not" established the onset in service of a current diagnosed medical condition.
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The VA states:
" We are safeguarding against fraud "
In the past few years, we have seen a growing industry of individuals and companies marketing the service of completing DBQs for Veterans. Some have provided honest, valuable service to Veterans. However, VA has made hundreds of referrals to the VA Office of Inspector General of individuals and companies who are engaged in questionable, even fraudulent, practices that include charging high prices for completing DBQs or submitting DBQs with findings that are vastly different than the other evidence in the Veteran’s claims folder. Also, it is a requirement that DBQs submitted by a private provider must be based on an exam conducted in person. VA’s OIG recently issued an audit report about providers who were completing DBQs for Veterans remotely and recommended that VA revisit its practice of making public-facing DBQs available.
(1.) Does anyone know the regulation/rule, (CFR, M21, case law citation), whereby VA establishes the requirement that, " DBQs submitted by a private provider must be based on an exam conducted in person " ?
(2.) At what specific price point does the VAOIG determine fraud has been committed once a veteran pays for a private medical examination whereby DBQs were completed?
(3.) Is the above-styled VAOIG report publicly available?
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3 hours ago, Hucast21 said:
I do no understand how the VA can deny service-connection when the evidence is cut and dry.
The RVSRs at the VARO often ignore favorable evidence.
C&P exams are often inadequate yet the RVSRs accept them anyway.
It's a battle to get VA benefits.
You have to fight the VA for what is yours.
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It took the AOJ 4 years to do a DRO de novo review under Legacy.
I opted in to the AMA in 4/19.
All issues were placed on the evidence docket.
I initially had 25 issues on appeal.
A VLJ at the BVA fully granted two of my issues on appeal, and that just happened this week.
My 100% rating was granted an EED to the date I initially filed a claim for a single condition.
I ONLY have 23 more separate issues before the BVA on the evidence docket that await a decision.
Curious as to when the BVA decision will come for those other issues.
If the VA would have done the right thing to begin with.... we wouldn't be at war now.
Is the VA still accepting the DBQs, as they have retracted them from their website?
in VA Disability Claims Research
Posted
Done.