vetquest

Broncovet is right but this sounds like a VA tactic of deny claims outright. You should have at least had a C&P to determine if your claim had standing. I would refile the claim on a form VA 21-526EZ. There is information on how to fill this out with the form. I would also get an RO if you can so that all of the information filed to the VA is recorded.

I would try to have his doctor write a letter stating that it is at least as likely as not that the heart condition is related to his military service. Also have the doctor fill out a dbq for heart conditions https://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.as I would also have him request heart disability and tinnuitus. File using form VA 21-526EZ. https://www.vba.va.gov/pubs/forms/VBA-21-526EZ-ARE.pdf I would then have him read how to submit by registered mail at https://www.benefits.va.gov/compensation/apply.asp Good luck and let us know how this works out.

The left foot and right leg injuries (hip, thigh, buttock) are bilateral and the tinnitus is not, I calculate you to have 50%. I also calculated without the bilateral and get 50%. I would try to get the bilateral hearing loss increased. The bilateral factors really kick in when you have higher ratings and a hearing increase might do that. Without knowing specifics I cannot help you further.

Hopefully this is listed in your service medical records. At the least you should be able to apply for in service aggravation. Without it being noted in your service records it is a long shot unless you can get a doctor to write a very strong IMO. I was rated for neuropathy related to my in service injuries twenty years after the fact . A doctor wrote an IMO that my injures could lead to neuropathy and medical literature noted this, and that it took years to develop. Without something like this if it is not in your service records it would be a long shot.

And I thought that my case was difficult. Cakewalk compared to yours.

I just filed a NOD on my case for EED of SMC. It sounds like that is the norm for them. My disability took my ability to work from me ten years ago but they gave me an EED as of my third C&P for PTSD which occurred last year. These guys do get it. They want to save a lot of dollars by giving EED's that are preposterous.

I received a ramp opt in when I had a case before the BVA that was with the law judge. I would bet they are sending them to most of us.

I believe that is a question for Tbird.

I have dealt with Asknod in a professional basis and found him incredibly knowledgeable and helpful. We are lucky someone of his knowledge takes the time to come in and advise us for free.

Yes, send this information in immediately. It is strong evidence in your case. The BVA will consider an IMO where the regional office might overlook it.

Why did you need to refile. Any VSO worth their salt keeps copies of everything submitted scanned into their computer server. If this VSO did not you need a new VSO. I will bet the VA is trying not to pay the 100% temp. Once my records disappeared from the San Diego VA. They wrote to my senator that I had never been treated at their hospital. they agreed to add any copies of their records that I had. I had copies of some of them. I then tried to get an appointment and they said I could not because their records said I had missed three appointments.

Yeah, I am amazed how things have changed. I found out I was being discharged as disabled on Tuesday and the dirty deed was completed in four days. The VA was an afterthought. Now the VA comes in and holds seminars before they are discharged.

You guys are killing me here. I thought this place was family friendly.

I am so far gone that a full pill does not do the job let alone 4 hours. Those days are long gone.

Thanks broncovet. I need to get some medical letters or IMO's written it looks like.

I had to get two IMO's to win my BVA case. I would be curious if there could be a class action against the VA for their ridiculous decisions that are made at the RO level. I have twice won a case at the BVA level and the most recent had some strong words for the RO office about not considering all evidence.

Thanks guys. They will not rate it to the date it was reported as they did not get serious about it. I am thinking about getting a letter from my doctor and taking my chances at a C&P.

You should be looking at 30% by what you stated. 8100 Migraine: With very frequent completely prostrating and prolonged 50 attacks productive of severe economic inadaptability......... With characteristic prostrating attacks occurring on an 30 average once a month over last several months................ With characteristic prostrating attacks averaging one in 2 10 months over last several months.............................. With less frequent attacks.................................... 0 Do as Tbird said and appeal.

I am now 100% P&T with SMC S. I was thinking about filing a claim for ED due to the medications I take. I have had this problem noted first in 1995 in my VA records and now am fully ED. I filed in 1998 and was denied right off the top. Anyone else filed for this? What was the outcome?

The United States Court of Appeals for Veterans Claims (Court) has noted that VA has a "well-established" duty to maximize a claimant's benefits. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); AB v. Brown, 6 Vet. App. 35, 38 (1993); see also Bradley v. Peake, 22 Vet. App. 280 (2008). This duty to maximize benefits requires VA to assess all of a claimant's disabilities to determine whether any combination of disabilities establishes entitlement SMC under 38 U.S.C.A § 1114. Moreover, VA has a duty to fully and sympathetically develop a veteran's claim to its optimum, which includes determining all potential claims raised by the evidence and applying all relevant laws and regulations. Moody v. Principi, 360 F.3d 1306, 1310 (Fed. Cir. 2004).

Go to the line where you would normally post and see the bottom where it says "drag files here to attach, or choose files..." Select choose files and a browser will come up, you can select your files that were scanned to your computer. You can do this multiple times.

Gee Broncovet, that letter would help a lot of us as the VA believes that they can hold your retro until they have your SSOC completed. They did it to me last year.

I realize this is what you mean but I would still show up for the C&P. You have won your case and are done with the VA but the VA takes themselves seriously and they do not like a veteran to miss a C&P. God only knows what action they might take due to your missed C&P.

I am very aware of the issue that you are speaking of. Yes it was brought up by Obama and Trump to cut IU for veterans' reaching retirement age. The vets organizations have screamed bloody murder. I think the worst that may happen is that veterans already getting this benefits would be grandfathered as they did with the new military retirement benefits. If it happens either way I think that we need to meet on the congressional rotunda and protest.

Go to the C&P appointment! Your lawyer has given you bad info. If you miss the C&P the VA has the right to decrease your rating due to your missing the appointment. You might need that rating at a further date if your condition gets worse or the VA reevaluates your other ratings.