OldJoe

I fully understand that, no worries. Takes me awhile a lot of the times to send off a solid, coherent post on here LOL. Anxiety sucks..

Forgive me if my replies seem a bit off.  My anxiety has really had an uptick recently and it has affected me mentally and  physically.  This information helps ,me get myself back under control and helps me plan my next move.

Thanks autumn and good luck to you also.
A quick note about VSOs, and maybe I am mistaken (someone correct me if I am.
First the caveat there are good ones and bad ones.
Unfortunately VSOs are in a position of where they are very limited in what they are allowed to do for you.  In a sense all they are allowed to do is make sure you dot your i's and cross your t's.
Also, they are under paid and overwhelmed with there caseload, many of them are disabled themselves and stuck in the same position we are of appeal hell.
I have seen too many stories where the "good" VSOs got burnt out and had to move on to something else (can only imagine the stress they go through wanting to do more and seeing fellow vets get the shaft).  Or, they get caught going above and beyond one too many times (they are too successful) and wind up getting transferred or get thumbed down on (and soon just have to quit).  If you notice, most VSOs are very "standoffish" in how they hand working with you, sort of like they might be biting their tongue.
Currently the DAV Reps in Columbia, MO have been pretty helpful considering what they are allowed to do.  Not saying they go out of their way for you, but they are helpful.  I also chose the DAV because they do offer legal during the appeal stage (I am sure there are stipulations, like if it is a hopeless case, simply forget it, now the criteria for what determines hopeless, I cannot quantify)
As, for using the lawyer, you sound like you are definitely in the position where you need one. And it sounds like you got a good one, but be sure to keep an eye on him just the same.  Never know when they may just up and leave you high and dry because your case isn't paying the bills.
Many VA disability lawyers really amount to nothing more than a bunch of ambulance chasers (no disrespect to many that offer advice here in the forums, it is much appreciated).  But we as vets need to consider the fact that many of these lawyers/legal firms are simply vultures because of how the VA doesn't work for us like it is supposed to.  We vets get stuck in a quasi legal state where we are supposed to follow rules which the VA flagrantly disregards.  Since this is a system that is supposed to not need a lawyer to get the proper care we need.  If I am right you cannot use legal when applying for compensation only during the appeal stage (correct me if I am wrong).  Because we are not legal experts, the VA many times uses this against us using bogus rules over misusing rules to deny what would should be rightfully granted. 
This makes us a smorgasbord board for these lawyers because in many instances the VA raters' rulings are so full of bull and improper application of rules and law we are easy money.  Do a little homework file the NoD for the Vet and wait for your day before the board, collect your fee, move on to the next vet, rinse, lather, repeat, ...  Granted this is an over simplification but you think of how many veterans are in the exact same predicament we are, that is a bunch of legal fees they are collecting for simply playing phone tag with the VA while waiting for the date for the board appearance. 
Granted there are many that are very pro vet and are probably a bit miffed at what I said.  To you my humblest apologies.  With out your help many of us would be sucking dirty pond water, you guys go above and beyond.  My beef is the "ambulance chasers" that if they don't feel your going to pan out or like autumn stated seem to be totally out in left field totally botch a claim and in doing so ruin any chance of winning a CUE if there was even the slightest chance to win it.
CUEs are very tricky, because in many instances it boils down to an argument of diagnosis and how your were rated originally (even what you were requesting to be rated on).  If any of those things can be questioned no lawyer is going to touch a CUE claim with a 10 foot pole.  Which is why you need to be sure of the CUE before you even start.
Mine, 100% pedigree (just look at past threads and the evidence I posted).
Others where it has been a back and forth it gets real murky real quick on whether it is a CUE or not.
Fact is, many VSOs don't really understand CUEs because they are such a finicky topic and hard to prove.  When approaching a VSO, (from personal experience) about these you better have EVERYTHING together to prove your case before broaching the topic.  Because the very first thing they are going to say (like they did to me) you need to reopen the case with new information because you failed to appeal it within the proper time period (granted this is a tactic for getting your toe in the door at least), but most VSOs are really thinking that the CUE is a nonstarter from the get go because everyone wants to use CUE.
Not to mention CUEs get twisted around real quick, like in my case.  I explicitly laid everything out what the CUE was and what the result should have been.  The rater denied me based on the results of the most recent C&P.  The most recent C&P had nothing to do with the CUE, other than it proved my point that they made a mistake.  From what I have read about CUEs this is a very common issue, either the Vet uses a current C&P to argue the CUE, this is BIG MISTAKE.  A CUE is based on a mistake made in the original rating, not the diagnosis or the current rating.  Maybe a better way to say it by using my case as an example/analogy is that when all is said and done my current rating of 50% for mental and back is really nothing more than a rate increase because my back degenerated since the initial injury (OK legal beagles you may need to straighten that bit out to be more clear).
I don't know if this is intentional or unintentional on the part of the VA, but it seems like the VA likes to twist a CUE in this fashion.  When they do and they catch us vets off guard we wind up twisted around arguing something that isn't what supposed to be argued.  You could say it is a case of "look a squirrel..."
And off we go chasing the wrong thing and our CUE gets denied because we argued something that wasn't even supposed to be to point.

OldJoe,
Did you receive separation pay, or readjustment pay when you got out?
Have they, the VA, recouped it yet from your VA compensation?
You can not receive VA compensation until you have satisfied your separation pay.
The good news, if any, is they only recoup the net, or after tax, amount. 
I didn't get any money from the VA until I payed back some $47,000.00 dollars.
Just sayin,
Hamslice
 

Thanks a lot guys.
Don't know what I would have done without the help from this forum .

LOL, I have a feeling that if it is used, there will be a lot more examples of don't than dos that come out of this...
But hey, if it helps another vet or dependent and keeps them for repeating any of the mistakes I made, then it is more than worth it.

You're welcome Oldjoe I can dig and find the material it's the using it impartially in my own situation is the hard part because of bias which can not be uncoupled. The mental gymnastics of medical terms, legalese, VA MR, eCFR is an art form and it shouldn't be. Remember we were old told our FM's Field Manuals were written for an 8th grader or something. This is the reverse. Sort of like watching the sixties or seventies classic Catch22. A whole lot of that in them thar manuals if you ask me. But like the old phrase says how do you eat a elephant? one bite at at time. 
I've started a RECONSIDERATION and CUE and have documents assembled with exhibit A-X and how many pages each one has because apparently evidence was overlooked or disregarded in old claim and new. But I got bum wing and landing gear at the moment so it's tough. Do some take a break. Do some more rinse/repeat. 

Thank you very much spearhead91 this will be read and looked through while I write my statement.  Hopefully will have it up tonight before I go to bed (never think very well when I am tired).  Also, hope to get all of that other stuff posted so peple can hopefully use it to learn what to look for in instances like mine (though are pretty rare, but obviously do happen as Berta posted a link to earlier)

You might have a 38 CFR 3.156 situation-
meaning the VA might have considered your claim in 95/96 as "not well grounded" and failed to even get your STRs.Or they did get your STRs but never considered the specific entry you cited here.
Lots of discussion under a search, of 38 CFR. 3.156 (a)(b) (c) ---here is a winner:
https://community.hadit.com/topic/52994-cue-in-failing-to-apply-the-provisions-of-38-cfr-§-3156c-for-effective-date/
o
 

The VA (eBennies) finally acknowledged the issues with my back (40% degenerative arthritis) and without getting a IME/IMO/Nexus letter to do it.  It was/is a classic textbook example of what constitutes a CUE and what the DRO process is supposed to be able to fix without going before the board.  Proving that, once in a "BLUE MOON", the system does work the way it is supposed to.  (Could be classified as proof that: "Yes, Virginia there is a Santa Clause", "the Tooth Fairy does exist", "Jack Frost really does paint those wicked designs on the windows during winter", ...)
Is there anyway to find out how far back they are calculating the retro.  For the DRO review I requested all the way back to the original claim, 20% for the scoliosis (was at 10% for other issues) plus the vocational rehab I requested .  Getting the DRO to approve that part of my appeal with nothing more than the entries from my service records and others since leaving the service repeating the same condition leaves me thinking that they should be calculating it all the way back to 95/96 (no IME, IMO, or nexus letter submitted).
Right now, it is going through the "audit process" which, along with everything else, is backlogged and could take up to 6 months (puts me in the January 2019 ball park). 
I don't expect the VA to simply roll over and pony up for that chunk of change  and want to start getting ready for the next round if it is possible.  Or, if I find out they are going all the way back, then that is another load off my mind and start planning for retrofitting the house for when it is harder to get around (unfortunately it is staring sooner than it should be). Now, if it wasn't for the idiot Dr that did my C&P and couldn't find a connection between my knees and military this would almost be all behind me. (What part of secondary do you not understand!!! Find my happy place, find my happy place, ...)
I have already gotten the forms for dependents filled out in order to claim the retro for them while they were in college and plan on taking that in with me to the DAV at the end of this month.

I do not know all about IMO's but my last two VA C&P examinations were IMO's and they supposedly done well, I do not have the final opinion yet as the V.A. is late on producing the paperwork.  The doctors were good to me and the final decision by the board was good. 
Go in there and believe the doctor is there to help you, if he isn't it will not help either way.  If he is there to help you going in with a bad feeling can skew the exam.  I always believe the examiner is there to help me.
The best advice I can give is to always keep a good attitude and know things will work out in the end.  

An "update" is coming out for the letter generation the later part (very late) part of June 2016.
They "hope" this fixes the issue and some other issues.
This is what you get by going with the lowest bidder.

For questions 1 and 2 I haven't had the "privilege" yet of getting to the BVA stage of the game.  I am still hoping to get things cleared up at the lower level (not holding my breath though).
Forgive me if I get this wrong, I am still quite new to all of this myself.
Effective date is the date that they determine that you became eligible for compensation.  As far as to "when it arose" I like to think of it like this;  I noticed said condition x years ago. That is when it "arose", now you make a claim for said condition, the date they receive the claim for your condition would be your effective date. 
Since the date you made your claim is the only solid date they can really go by as to when they knew the condition truly existed, this is usually the "later date".
With question 3, if you are referring to lay evidence, the only answer I can give is "it depends".  It depends on the nature of the lay evidence and how it is presented.  I have read many cases where the BVA decision pivoted on the lay evidence.  Something like breaking an arm while in service while on a combat patrol, you get treated but something happened to the medical records and they didn't get put in your permanent medical records, lay evidence can be useful in establishing the nexus.  On the other hand, lay evidence cannot help establish some complicated neurological condition, except perhaps that everyone notices muscle spasms frequently. 
My thoughts on it are that lay evidence supports your claim but should not be the basis of it.
Number 4, remands, it all depends.  Luck of the draw, get lucky the VA schedules the items that got remanded and you fly through the process and you get what you think is a fair and just rating.  Otherwise, like you will probably read a lot of in any forum you visit (here or another site), that you get put in the queue to wait your turn. 
This is where you start learning to be your own advocate and research what you can from here and other locations on what your conditions are and how they are supposed to be rated.

They must have contracted with the same people that did Obama care programming.

Unfortunately it is still messed up for me.
Being a programmer by trade (got BS in Comp Sci when I got out) it has got me wondering what they messed up in their programming.  It appears that they were hoping their "patch" was going to fix everyone's problems.  Talking to their tech support today, it sounds like their "patch" did a lot less than they were hoping.
They couldn't give me an estimate when they would have it up and running right.
Really kind of bugs me because I cannot track anything and I don't trust the VA to not try to slide something past me with their system messed up.
Not that it matters NODs that have DRO chosen take how long to process currently?

Well, first my issue is with my back not sleep apnea, though I have since been diagnosed with it from civilian physicians.  Though there may be a service connection or secondary connection I am not going to try for it at the moment, I need to fix this mess before I start the next claim (yes, at least 2 more, will talk about them later).
Start on hadit wondering about a possible CUE in my initial rating but after a bit had the notion of going that way kind of squelched.  Not there aren't some cute glaring holes in their rational, but the way they wrote the initial rating, with the generic statements there was no way I could win on a basis of CUE.
The there this big problem, the initial rating was 20 years ago and I didn't file a NOD.  I simply didn't have any new information to give the VA, I didn't know anything about nexus letters, IMO, or that the VA was filled with such high quality people [sarcasm].  Since my back didn't hurt "that bad" I would take care of it in the traditional way, heating pad and anti-inflammatory medicine.
When I tried to reopen 3 years later, having absolutely no clue what I was doing, I made all of the exact same mistakes again, but it cost me over $3,000 I really couldn't afford but did pay it off after a while (was going to school for my degree).  What sucked is that we did have insurance at the time but they considered it "preexisting". (Hmm, rocket science here folks; where then could it have come from?  Hadn't performed any strenuous jobs or work other than carrying books since the AF.  Of course that part was brought up, not that it would have mattered)
Fast forward to now; have records of continued care since 2006 when my back got bad enough I had to start doing something about it.
I joined the AF in 1984 became a SP discharged in 1995. 
I can post scans of the original records but I will spare you that unless you really want it to see that I am not lying.  Here is a synopsis of all the entries for my back:
i.    17 September 1990
ii.    20 September 1990
     1.    Profile to not carry more than 10 lbs
iii.    4 October 1990
iv.    7 January 1991
v.    24 March 1991
vi.    27 March 1991 last entry in medical records for back pain
     1.    Notes that it is recurrent, mild scoliosis, conditions under which flareups occur, and the only mention of xrays I can find in my records.
Shortly after this I started working as Security Escort Dispatcher (Whiteman AFB).  The heaviest thing I had to lift was a large cup of coffee, a telephone handset, and an occasional ream of paper.  All of which mostly performed from the sitting position. 
We all know if I was one of those types that continued to go to sick call I would have been drummed out for malingering.  Heating pad and Tylenol when I did a little too much.
Got out of AF in 30 June 1995, have letter from VA stating they received my application for benefits but because of backlog would get top it as quickly as they could.  Like every other vet, I trusted the VA to be honest and true to their word.
Here is my full intiail rating, unedited.
 
 
 
 
 

And, I am not worried about different conditions being posted on this thread.  You taker 90% of the issues listed here on HADIT the only real difference is names, sex, race, and specific conditions.
Sounds like a lot but, when you think about it everyone's problem revolves around the same thing.  Then when we think we got it figured out they go and change the tune again...

Thanks peoples for the advice.
I will keep you posted on my status.
Though I have one question about one disability and it relates to Meniere's syndrome. How does one go about diagnosing it?
Ignorance is bliss, when I started learning all the stuff need for tinnitus (which I am now rated for) I read about it.   Unfortunately, back in 1996 while my college friends (they were so young back then compared to me) where playing these first person shooting games I noticed I would get vertigo just watching them play.  I just thought it was one of those things that affected some people and I was just one of the unlucky ones.  I didn't know it was actually a disease.  Now 20+ years later I am finding myself being "dizzy" and "woozy" more than I think I should be.
I am sure some of it could be that I got up to quick, but 5 to 10 minutes after getting up?  Or when you are sitting down?  I have some other stuff that could be playing a fact too, take blood pressure meds, not that my BP is all that bad.
I take meds for my ADHD (amphetamines) which I know can mess with blood pressure (so I limit taking that only on days I work).
Where do I even start so I don't wind up in the same mess that I am currently in with my other claim?

About a "seminar", that would be a very good idea.  And something we could do I think.
It wouldn't have to be a "make a reservation type seminar" but an instructional video that walks through what should be done before making a claim, how to make a claim, who you can call, resources, ...
Video would be of great help because from personal experience, diving into a forum can be daunting to the point of overwhelming, because you can hear 5 different things that seem contradictory but all are correct when placed in the right context.
Also, videos lend a human touch to explaining things and body language can be used effectively to express a point, compassion, understanding, ...  Something that is hard enough to do through the pod cast and much harder to do through the forums.
Each video shouldn't be more than 15 to 20 minutes long, talk about one topic maybe touch on another topic or two, then refer the viewer to which forums that would be best to answer questions related to what was covered, and that there is no such thing as a dumb question (that's what the VA wants us to believe that they are the source of all knowledge and cannot be refuted).

And, I am not worried about different conditions being posted on this thread.  You taker 90% of the issues listed here on HADIT the only real difference is names, sex, race, and specific conditions.
Sounds like a lot but, when you think about it everyone's problem revolves around the same thing.  Then when we think we got it figured out they go and change the tune again...

Well, first my issue is with my back not sleep apnea, though I have since been diagnosed with it from civilian physicians.  Though there may be a service connection or secondary connection I am not going to try for it at the moment, I need to fix this mess before I start the next claim (yes, at least 2 more, will talk about them later).
Start on hadit wondering about a possible CUE in my initial rating but after a bit had the notion of going that way kind of squelched.  Not there aren't some cute glaring holes in their rational, but the way they wrote the initial rating, with the generic statements there was no way I could win on a basis of CUE.
The there this big problem, the initial rating was 20 years ago and I didn't file a NOD.  I simply didn't have any new information to give the VA, I didn't know anything about nexus letters, IMO, or that the VA was filled with such high quality people [sarcasm].  Since my back didn't hurt "that bad" I would take care of it in the traditional way, heating pad and anti-inflammatory medicine.
When I tried to reopen 3 years later, having absolutely no clue what I was doing, I made all of the exact same mistakes again, but it cost me over $3,000 I really couldn't afford but did pay it off after a while (was going to school for my degree).  What sucked is that we did have insurance at the time but they considered it "preexisting". (Hmm, rocket science here folks; where then could it have come from?  Hadn't performed any strenuous jobs or work other than carrying books since the AF.  Of course that part was brought up, not that it would have mattered)
Fast forward to now; have records of continued care since 2006 when my back got bad enough I had to start doing something about it.
I joined the AF in 1984 became a SP discharged in 1995. 
I can post scans of the original records but I will spare you that unless you really want it to see that I am not lying.  Here is a synopsis of all the entries for my back:
i.    17 September 1990
ii.    20 September 1990
     1.    Profile to not carry more than 10 lbs
iii.    4 October 1990
iv.    7 January 1991
v.    24 March 1991
vi.    27 March 1991 last entry in medical records for back pain
     1.    Notes that it is recurrent, mild scoliosis, conditions under which flareups occur, and the only mention of xrays I can find in my records.
Shortly after this I started working as Security Escort Dispatcher (Whiteman AFB).  The heaviest thing I had to lift was a large cup of coffee, a telephone handset, and an occasional ream of paper.  All of which mostly performed from the sitting position. 
We all know if I was one of those types that continued to go to sick call I would have been drummed out for malingering.  Heating pad and Tylenol when I did a little too much.
Got out of AF in 30 June 1995, have letter from VA stating they received my application for benefits but because of backlog would get top it as quickly as they could.  Like every other vet, I trusted the VA to be honest and true to their word.
Here is my full intiail rating, unedited.
 
 
 
 
 

Well, first my issue is with my back not sleep apnea, though I have since been diagnosed with it from civilian physicians.  Though there may be a service connection or secondary connection I am not going to try for it at the moment, I need to fix this mess before I start the next claim (yes, at least 2 more, will talk about them later).
Start on hadit wondering about a possible CUE in my initial rating but after a bit had the notion of going that way kind of squelched.  Not there aren't some cute glaring holes in their rational, but the way they wrote the initial rating, with the generic statements there was no way I could win on a basis of CUE.
The there this big problem, the initial rating was 20 years ago and I didn't file a NOD.  I simply didn't have any new information to give the VA, I didn't know anything about nexus letters, IMO, or that the VA was filled with such high quality people [sarcasm].  Since my back didn't hurt "that bad" I would take care of it in the traditional way, heating pad and anti-inflammatory medicine.
When I tried to reopen 3 years later, having absolutely no clue what I was doing, I made all of the exact same mistakes again, but it cost me over $3,000 I really couldn't afford but did pay it off after a while (was going to school for my degree).  What sucked is that we did have insurance at the time but they considered it "preexisting". (Hmm, rocket science here folks; where then could it have come from?  Hadn't performed any strenuous jobs or work other than carrying books since the AF.  Of course that part was brought up, not that it would have mattered)
Fast forward to now; have records of continued care since 2006 when my back got bad enough I had to start doing something about it.
I joined the AF in 1984 became a SP discharged in 1995. 
I can post scans of the original records but I will spare you that unless you really want it to see that I am not lying.  Here is a synopsis of all the entries for my back:
i.    17 September 1990
ii.    20 September 1990
     1.    Profile to not carry more than 10 lbs
iii.    4 October 1990
iv.    7 January 1991
v.    24 March 1991
vi.    27 March 1991 last entry in medical records for back pain
     1.    Notes that it is recurrent, mild scoliosis, conditions under which flareups occur, and the only mention of xrays I can find in my records.
Shortly after this I started working as Security Escort Dispatcher (Whiteman AFB).  The heaviest thing I had to lift was a large cup of coffee, a telephone handset, and an occasional ream of paper.  All of which mostly performed from the sitting position. 
We all know if I was one of those types that continued to go to sick call I would have been drummed out for malingering.  Heating pad and Tylenol when I did a little too much.
Got out of AF in 30 June 1995, have letter from VA stating they received my application for benefits but because of backlog would get top it as quickly as they could.  Like every other vet, I trusted the VA to be honest and true to their word.
Here is my full intiail rating, unedited.
 
 
 
 
 

I know we all go into "conspiracy mode" when the VA pulls lame brain stunts like this, but is there some reasoning to the logic? 
I know this is the VA we are talking about they would send a Vulcan into an epileptic fit, probably would be considered inhuman and cruel punishment to even let one within 500 feet of a Vulcan.

Any "representative" a vet finds can range from great to down right, er, well, cannot say it in polite company.
Some are good for initial claims, some are good at fight claims, some are good at taking up precious oxygen or keeping a chair warm.
One thing that I am finding out out as I learn about the process is that the individual you get isn't so much a representative but in actuality would more accurately as a veteran's affirmative action catalyst.  Emphasis on catalyst.
A catalyst doesn't do anything but help precipitate an event.
Granted some catalysts work better than others and will cause secondary reactions to occur (those great mythical VSOs we keep hearing about but are never able to find).
If you what a true representative you need a lawyer which of course costs $$ which many vets don't have.
Even though I know there are great VSOs, DAV, Legion, VFW service officers out there somewhere I swear it seems more like an Elvis Presley sighting.  "The King has left the building..."

A little proactive research in case this doctor doesn't pan out.
Has anybody heard of Garth S. Russell, MD in Columbia, Mo?
Either working for the VA as an IME or providing them for vets? 
 
Where he has his practice happens to be near the VA hospital in Columbia, Mo (shouldn't matter I know).