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vetquest

Master Chief Petty Officer
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Everything posted by vetquest

  1. It would be good if we could see the whole letter, redacted of course. If a C&P doctor wrote this it might mean that you would be eligible for benefits.
  2. KC3, when you get your decision redact it and post it on a new post. We might be able to offer advice then.
  3. That's right in my backyard. As for Buck, he has changed his opinion that we should send in the form on our anniversary every year because he cannot find it in writing that you do not need to.
  4. You can also look under title 38: Voiding dysfunction: Rate particular condition as urine leakage, frequency, or obstructed voiding Continual Urine Leakage, Post Surgical Urinary Diversion, Urinary Incontinence, or Stress Incontinence: Requiring the use of an appliance or the wearing of absorbent materials which must be changed more than 4 times per day ............................... 60 Requiring the wearing of absorbent materials which must be changed 2 to 4 times per day .. 40 Requiring the wearing of absorbent materials which must be changed less than 2 times per day .................................................................... 20
  5. I agree that medications should not affect your rating. There is an issue here though. I take seizure medications and we have had a very difficult time getting the VA to recognize that these medications cause some pretty clear symptoms. They only want to recognize the number of occurrences I have. Some of this most likely falls under the rule that with negative and positive evidence the benefit of the doubt is supposed to be in favor of the veteran. This is were a lawyer comes in handy, they have a legal background and are more familiar with the regulations.
  6. As I understand the dates are reflected to your effective date of your award. You will not normally be called back immediately for a condition grated on a backdated effective date but as Broncovet states you never know what the VA is up to. That is the only nice thing about getting backdated ten years, your ratings are already protected on the five year rule. In my situation I was supposed to be called back for reduction before my case ever finished but I never got called, I guess because my appeal was still pending.
  7. I watched about 3/4 of this and it seemed like a propaganda video. The only interesting thing I heard is that they plan to finish all legacy appeals by 2020. They touted their ramp program but did not state what the approval rates were. They were big on promoting that they were veterans or married to veterans.
  8. MarklnTexas, that has always been my experience with the VA. The VA writes a letter that says you are being afforded all of your rights and it ends there, especially when they give them a note that you are unstable. They appear to punish you for speaking to a Congressman or Senator, who actually really does not give a hoot whether your file gets straightened out in the first place. I once had a congressman's vets service officer that was really on the ball and my case moved along well, until he did not get re-elected. The new congressman's vet rep told me that it was not his job.
  9. Jamezam, I had seven and seven months of service when I was declared medically unfit due to injuries incurred in the line of duty. My first discharge, I have six of them, was at the convenience of the government. It was five years before the Military came back on a BCNR case and declared me medically retired. The VA turned their back on me and declared me to be mentally ill, not service connected. After I was retired they awarded me 50%. I worked for 35 years and when I lost my job to my disability becoming increasingly serious It took ten years to straighten that out. No, they have not beat you yet if you are still trying. They win when we get fed up and quit.
  10. Jamezam, they awarded TDIU to 2013, not 2007, the original date of appeal. They used the tired line that I was not disabled until the last C&P exam in 2013. I had to go back to BVA to get it awarded to 2007. The VA has many ruses that they will use to prevent your receiving the correct effective date. And yes thank you for your service rings very hollow when the doctor that says it does a number on your C&P.
  11. As I understand it they cannot reduce or remove a rating while it is still in appeal. How long have you been SC and rated for these conditions? There are protection for SC's over ten years old and ratings over five years with complete protection for a rating over twenty years. Is Lupus presumptive for Iraq war veterans? Otherwise you need the Caluza triangle. That is a continuing disability, a service connection, and a medical nexus linking the two.
  12. What is the longest time One would hope your claim is different than mine, the longest I had to wait was ten years for TDIU. I was approved for SSI disability, had numerous doctors letters that stated I could no longer work and had numerous buddy letters stating I could no longer make it to work on time or stay alert when I was there. The VA stated I could still work and was not disabled from work and then attacked my disabilities stating that SC was in fact awarded incorrectly. My SC was protected and one of my ratings was protected. I learned to love the VA and their lack of mission.
  13. Vets wait so long because VA employees checks still keep coming even if they do not do their jobs.
  14. Bertha, you cannot say that that only happens at the VA. I broke my leg (fibula) and my ankle in a Maisonneuve injury. I went to a civilian ER and they diagnosed it as an ankle sprain. Three days later I still could not walk. I went to my doctor after my leg began to turn black and blistered. I did not pursue the ER though.
  15. Either the VA believes they have enough information to decide your claim with the evidence provided or they are taking their sweet time in getting the other C&P's scheduled.
  16. For Information, The Military Coalition published it's goals for 2019 for veterans. It is a group of about 27 military and veterans organizations. www.themilitarycoalition.org veterans committee goals - the military coalition.pdf
  17. Halos2, veterans did band together after WWI and marched on Washington and then made an encampment until their grievances were heard. Lt. Douglas MacArthur met them with machine guns.
  18. Buck, when do we need to send it in, on our anniversary? I filed on last year but have not filed one this year.
  19. This new letter sounds good but there are a few points that are debatable. sec va wilkie revolutionizing va health care.pdf
  20. You should file for an increase anytime that you believe your condition has degraded. Submit only the records for the items you are trying to gain an increase on, otherwise you might muddy up the waters.
  21. This may be a huge win for veterans if it goes right. I was lucky in my BVA decision where they explained the laws behind the BoD regulations and then likened it to sandlot baseball where the BoD goes to the runner. I will be looking forward to how this comes out.
  22. This sounds like a great start to veterans getting the care that they need. Specialty care is a six hour round trip for me.
  23. When I lost my job I had three civilian letters from managers and a coworker who testified to my losing my job due to my SC disability. The RO ignored these letters but the BVA cited them in their decision as evidence that should have been considered.
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