63Charlie

For the life of me, I can't seem to remember where I left that goniometer. Looks like my ROM will be normal after all.

So here we have the VA wanting to rescind the availability of the DBQ forms to the public . The VA would prefer that veterans be forced to accept their inadequate C&P exams which are almost always flawed, and are used as a tool to deny benefits. Veterans get short-changed. The main reason for so many appeals. VA think tank genius at it's finest.

Ok, broncovet. thanks!

Ok pete. I'm aware that this isn't a VA compensation matter, but thanks. I'm going to send whoever I need to send it to, the DoD Form 149.

This question is NOT a VA matter. It pertains to an error on my DD214 indicating an incorrect "spin" code. I recently found out that my JPB code means I was separated from service for drug use. There is no evidence at all indicating any drug use in my military records and constitutes a falsification of my honorable military service record. I also found a CDAAC report in my claims file where a counselor at my duty station falsely reported that, prior to my enlistment, I had three criminal convictions and had been incarcerated for (3) three years. I HAD NONE OF THE ABOVE. I entered the Army as a 22 year old college graduate with no convictions, not even misdemeanors. I want my DD214 corrected... but I don't know where to start. After all these years, I learn that the Army "blacklisted" me with a code which would hinder potential employment opportunities after my ETS.

I recently woke up to a sobering realization.. Without finding HADIT.com, I wouln't know a damn thing, nor would I have been granted a damn thing in VA disability benefits. That is the truth. I appreciate your patience with me and the guidance that those of you have freely given . My donation is to help HADIT help other veterans in their time of need, just as HADIT did for me. There are members here who truly are heroes in my book. Thank you.

I have a premonition that my appeals will be going to the CAVC after the dust settles at the BVA. I believe there were several more important VA CFR violations that my attorney should have raised in legal arguments to the BVA. His BVA brief was exactly that, brief. I feel just like I may never end fighting the VA and that, in and of itself, is depressing.

"ALL FAXED HIGHLIGHTED EVIDENCE WILL BE BLACKED OUT" I retract my accusation toward the VA The blacking out of evidence was due to the above technical issue. My attorney asked if I had highlighted the diagnosis when I faxed it to the Evidence Intake Center. I said that is a possibility although I don't remember. I didn't even remember sending the evidence in, much less if I highlighted anything. But, in all fairness, I concede that I must have highlighted the diagnosis. My attorney said if I highlighted it, when it is faxed, anything highlighted gets blacked out. He said he checked my file and said, " No matter, you have more than enough evidence for a grant without that one piece of evidence."

A BVA judge is currently reviewing this disability on appeal. I do not know if a decision for this disability has been rendered on my appeal because the VA.gov info for my BVA appeal is very limited I didn't remember having a clinical diagnosis for this condition, or that I had faxed a copy to the Evidence Intake Center. BTW: As stated, the evidence wasn't shredded. The relevant evidence was obscured by a VA employee blacking it out. Blacking out technique is a practice commonly used by the US govt. when they decide to redact sensitive information in certain documents. VA redacts(blacks out) ALL SS#s and the names of decision makers as seen in my most recent copy of my claims file for privacy I suppose. My motive is SOLELY to be awarded the benefits for the disability. I messaged my attorney about today's discovery and will see what his opinion is on the matter. What he says goes.

How does one go about filing a formal complaint against the VA alleging wrongful destruction of medical evidence in my claims file? I have documents showing tampering in my claims file which substantiate my allegations that a VA employee had blacked out a clinical diagnosis I submitted into evidence. I was harmed because the VA wrongfully denied benefits due to the VA destroying the only clinical diagnosis I have for the above-styled disability. An unfavorable DRO decision was rendered which states that I have no clinical diagnosis for the condition as the reason the VA is denying the claim.

The warning letter was from Woods & Woods. I just found news report and here is a link to it: https://www.courierpress.com/story/news/2020/02/07/evansville-law-firm-woods-and-woods-victim-ransomware-cyber-attack/4691815002/

Received a letter yesterday from a former VA Disability POA(law office) informing me that they have been hacked. Damn.

After checking my VBMS file, my attorney said it has not posted, but that it typically takes the BVA at least a week or more for them to post their decision, after I see the decision on my VA.gov. account.

SOP for dealing with all matters VA is just like the US Army was, "hurry up and wait". The VA instructs one to hurry up, and then you wait.

My attorney has VBMS access. Can he give me the skinny?

As of today, I think we won the appeal. I'll have to call my lawyer tomorrow for a briefing.

I spoke to one of the partners in the firm you referenced prior to my obtaining a law firm. He quoted they would represent me for 33% attorney's fees. I asked him, "Why so much when other law firms are charging 20%?" The attorney replied, "We are worth it." I hired a different law firm.

Dr. Ellis did an IME for my severe adult acquired flat foot syndrome. I'm awaiting a BVA ruling for service connection for the above. It is very encouraging to hear you report success using the Ellis Clinic. TY

More likely than not because your former VA Psych Dr. knew that without a VA PTSD diagnosis you would not be eligible for monetary benefits on a PTSD claim. Just another VA gatekeeper standing in your way. I quit using VA healthcare because of the aggravation I experienced.

One thing is truthful that he said, it doesn't matter( to him) what evidence you have as he doesn't care. If you have favorable evidence to support a claim, appeal the claims you were wrongfully denied. A well-known favorite tactic(unlawful) of C&P examiners is to ignore any favorable evidence an demonstrating their bias against you. Examiners are the gate-keepers for the VA.

That is truly unprofessional on the part of the C&P examiner. I got the impression the examiner was on some kind of a power trip. By his own his self-admission of intent to file negative medical opinions prior to your C&P exam violates your right to due process of law. The C&P exams are intended to be medical fact finders. You need to make notes of what he said, just like the examiners make notes of what you say. You may need the ammo to challenge a bad exam. With an examiner like that what point is it to even bother to show up at all as he has already decided against you.

This is what I found: Falzone v. Brown, No. 93-942 (Decided November 14, 1995 )appellant’s pes planus is the type of condition that lends itself to observation by a lay witness. https://community.hadit.com/topic/7210-continuity-of-symptomatology-not-treatment-§-3303b/

Thanks.

Has this condition been adjudicated to be readily observable to a lay person? If a condition is readily observable by a lay person, then does the law indicate that a medical diagnosis is not required when filing a claim for this condition?

It has taken five years, from the time I filed my initial claim, before my appeals are on the desk of a BVA judge. I am doing the AMA evidence submission docket(no hearing). I was awarded scheduler 100% in April 2019 under the Legacy appeals for a single condition. Opted into the AMA after a DRO awarded my 100% rating following our telephone conversation. VA.gov indicates it takes 1-2 months for a ruling after the BVA judge has an appeal in front of them. True, or false?