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vetquest

Master Chief Petty Officer
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Everything posted by vetquest

  1. vetquest
    Yes, there is the possibility of a remand. Your case may bounce back from being with a law judge and back if he needs more information. Hopefully your case will be decided soon. Good luck. I am just filed an NOD for the same thing.
  2. vetquest
    I would not be surprised if some VA people troll this site. There is another veterans site I know of that actually has VA personnel as members of the site.
  3. vetquest
    I had two C&P doctors that did three C&P's on me and they prohibited me from bringing my wife in with me. The C&P's were way out of line too. The last C&P the doctor told me "I thought I had already taken care of you." The doctor accused me of malingering.
  4. vetquest
    I went weekly for more years than I can count. I am currently bi monthly with a PHD and every six months with a Psychiatrist. I am rated at 70% and chronic.
  5. vetquest
    I prefer cooler summers but thanks for the kind words.
  6. vetquest
    I can believe that the doctor might be right to say let nobody operate on you. Otherwise he sounds like a neurologist I saw for a C&P that all but said I was malingering. Maybe at a C&P they will get a contract neurologist to look at you. You can apply for TDIU and they are supposed to do a C&P. If you are not working TDIU is the last best course that I know of. I would also request the medical exam the civilian neuro performed on you using the blue button. It might be interesting.
  7. vetquest
    I have only seen a non-adversarial relationship at the BVA.
  8. vetquest
    This is interesting. As a vet who waited ten years for my case to complete my son did not get a chance to use education benefits and I paid $9000 in taxes I would have saved. How's that for a start, getting back the lost benefits that were squandered as the VA diddled. I read the decision. A lot of legal jargon that maybe only a lawyer would understand. I contend that 1 year may be too short of a time to create a class. That said we have veterans waiting much longer than three or five years waiting, or waited. A lot of this time waiting is at the RO as the case sits without any action. I would include remands in there as remands go back to the RO and they do not handle the cases in a manner prescribed by the board.
  9. vetquest
    If you have been service connected for eight years the VA can reduce your award but you have some protection in that your award is considered stabilized. 38 CFR 3.344 spells out the protection of ratings for those who have had a rating over 5 years. 5 year rule.docx
  10. vetquest
    Anyone can make an error. Thanks for what you do.
  11. vetquest
    Congratulations are in order.
  12. vetquest
    How long have you been out? Can you post the C&P after redacting your information? This will help a lot in determining what is going on.
  13. vetquest
    Yea, when I got out my wife worked at a pizza joint and I was terminally unemployed until I went through a one year course for the disabled put on by IBM and the state. That was 32 years ago.
  14. vetquest
    Buck, That is hard. Jeff
  15. vetquest
    McSanty, I can supply a letter for an eed that I am working on for the VA. It might not be what you are looking for but here goes. I find that I have to leave all emotion out of the letter and state the facts, usually facts provided by a remand or a SOC. In a remand.docx
  16. vetquest
    Buck, I understand your question an like L said, the cold hard fact is that we can only live the best we can after 65 if our spouse dies. We need life insurance or save the best we can. Through the VA if you can get it. It is expensive but I have a quarter million dollar life insurance policy on myself. Yes, it eats money I could use but it is a great buffer for my wife when I die. Some people spend more every month on cable than my life insurance costs. Also my new SMC award is going to the bank every month for a later date. I see it every day with some of the people I deal with, volunteer work. The spouse has died and the wife is making it the best they can. I have one widow that I take to doctor's appts that just got a job, at 72.
  17. vetquest
    One of the most important benefits of Scheduler is DIC. If you die of SC disability your spouse gets DIC to the tune of about $1200 a month. After ten years your spouse gets this regardless. There are other state benefits possible like no homeowners taxes through the county. There are other benefits that you might find good for yourself. Good hearing your case is moving to finalization.
  18. vetquest
    Please cover personal information and post SOC's. This might be interesting.
  19. vetquest
    I am of the feeling that difficult cases get filed in the dead pool. I have seen my case wait a year for a C&P. Once they get a hold of it they deny the case with some really bogus opinions. I was denied TDIU because my 20 year old PTSD benefit needed reduced and my 10 service connection for headaches needed to be severed. I could not believe the rater wrote that with a straight face. Is your case in the BVA appeals? If it was at the BVA I would keep it where it is at if it was me. Otherwise I might consider RAMP. Your lawyer advises this so it should be a good bet since lawyers, even the best, just want you to win so they can get paid. Welcome to Hadit. There are some good people on here that will be only too glad to help you.
  20. vetquest
    Rated disabilities should show zero percent ratings. Mine even includes that fracture that I requested that was determined not service connected. It sounds like E-benefits is still not fully updated in your case. As may others will attest E-benefits is not an accurate reflection of your case at all times. Let's hope that your big brown envelope will shed some more data on this.
  21. vetquest
    Unfortunately there are a lot of times that RO decisions miss important data and dismiss other data they should have considered. In my second remand from BVA they called out the RO for not using buddy statements and told the RO that I was a competent witness for my case (he appears to be truthful). The good news is that once your case hits the BVA they read the evidence and weigh the evidence that the RO tries to leave off. It almost seems recently that the RO's deny cases at their level that where they should have given benefits. This leaves the BVA to give justice.
  22. vetquest
    Join the rest of us. We are all frustrated in how this system works and does not work. You will find vets who have medical problems usually stress related due to working with the VA. They need a new code to define VASD or VA stress disorder.
  23. vetquest
    Filing a NOD keeps your original claim date if you win. Filing a new case gets the date the new case was filed. You do not need to get your c-file updated. File the NOD and attach the data that was not listed as evidence considered, they will most likely say they already have this evidence but it makes sure they consider it this time.
  24. vetquest
    Brokensoldier and Vync are correct on this. Even though you do not have paralysis per se it is rated under 8520 for neuropathy too. You will also receive a bilateral factor for each leg if they rate both. As I have learned...stay off of ladders. If your work requires ladders it might be time to start looking for TDIU. No, you do not qualify for it right now but if they rate you as moderate bilateral you should have the necessary rating. If you file now you will lock in a date. The fact that you cannot stand for long periods of time is also a hint. See if your neurologist will state in a letter you can no longer work due to your service connected condition. Also see if you cannot get a neurological DBQ and then have your neurologist fill it out. I believe this is the correct one. If it is not then someone will be along to correct me. https://www.vba.va.gov/pubs/forms/VBA-21-0960C-10-ARE.pdf
  25. vetquest
    Thanks Broncovet. That is really a mouthful but it is very good information.
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