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vetquest

Master Chief Petty Officer
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  1. Like
    vetquest got a reaction from Vync in Pending HLR, Pending Supp Claim, Closed Supp Claim. Should I call or file IRIS   
    I would file an IRIS complaint on item 1, the case being closed without notification.
    As to the second, I believe that sometimes it takes thirty days for the C&P to get to the VA when it is done by an outside contractor.
    Item 3 is not to worry too much, Legacy NOD's are taking up to two years and I have read that some HLR's are taking up to a year.
    As for the 1-800 number not helping much that is the normal route for them.  If you are really nice they sometimes will look at VBMS and tell you how things are going but that is not all of the operators.
  2. Like
    vetquest reacted to awgv001 in My ama see a judge time line   
    I'm in the same boat, claim filed 2015 - then reopened and denied (no c&p's for me though) - review (denied), ramp (Early 2018), ramp decision Jan 2019 (denied again) - appeal to bva in April 2019.
    April is my docket date --- still waiting for a hearing currently.
    So, now we should have our claims in order, and evidence "at the ready"
    If your POA is the DAV then yes, a DAV rep will be with you at the hearing, both you and the DAV rep get the hearing notice, so they should be getting in contact with you before the day of your hearing.
    I'd like to see an update of how this goes for you, and good luck!
  3. Like
    vetquest reacted to blahsaysme2u in Active appeal - Should I...?   
    so i was wrong. they did actually put a description in the letter saying why they only gave me 0%. but like i said- nothing in Ebennies for months now. so we submited HLR last month to get this resolved. 
    do i have to wait for that to be resolved before i can send in a NOD or request for increase? which/what/how should i go about this?
    thanks guys



  4. Like
    vetquest got a reaction from Holllie Greene in Active appeal - Should I...?   
    Getting migraines rated as extra-scheduler, above 50%, is difficult to do.  I lost my job due to migraines and was still only rated at 50%.  The VA underrates headaches period in my book.  I was so sick at the time that I could not even be depended on to work a full 40 hour week with any consistency.  I had medical evidence and lay evidence to back this up.  The only case where migraines were rated at above 50% that I know of was a service man that had headaches that looked like seizures and he was rated as seizures instead of headaches.
    As far as being rated at 0%, start a headache log and appeal to the BVA.  If you are not listed as 0% in ebenies I would use the letter to appeal to the VA to have them added.
  5. Like
    vetquest got a reaction from paulstrgn in Active appeal - Should I...?   
    Getting migraines rated as extra-scheduler, above 50%, is difficult to do.  I lost my job due to migraines and was still only rated at 50%.  The VA underrates headaches period in my book.  I was so sick at the time that I could not even be depended on to work a full 40 hour week with any consistency.  I had medical evidence and lay evidence to back this up.  The only case where migraines were rated at above 50% that I know of was a service man that had headaches that looked like seizures and he was rated as seizures instead of headaches.
    As far as being rated at 0%, start a headache log and appeal to the BVA.  If you are not listed as 0% in ebenies I would use the letter to appeal to the VA to have them added.
  6. Like
    vetquest reacted to myrah in Major Increase after 11+ Years Wait   
    I said that I would update so:
    Yesterday my checking account showed an approx. 33.5k deposit from DFAS which I assume to be retro CRDP minus 20% CRSC during same time frame.  My eRAS showed a gross payment of 45k so my question would be whether or not the payment (tax form) will reflect different amounts across 13 years or if I will have to eat the payment as a one time tax burden in 2020?
     
    Still pending VA retro pay which should be about 3.5 times CRDP retro. 
    Never heard another word from VA regarding their decision letter and its failure to address other remand issues so can only assume that I need to file a NOD for what wasn't rated and items rated that I disagree with.
    Best to all,
    😀
  7. Confused
    vetquest reacted to blahsaysme2u in Active appeal - Should I...?   
    VA is so petty. so frustrating. they rated me for headaches at 0% even though i have 15 headaches a month with at least 2 being "prostrating". in my letter they say headaches rated at 0% but then didnt even address them in the rest of the letter. then i go to ebennies and its not even listed- 0% or not service connected or anything-  just not listed! 
    of course this is one of my appeals right now. sorry you are having to deal with this bull malarkey buddy but dont give up!
     
  8. Like
    vetquest got a reaction from blahsaysme2u in CUE for Denied claim?   
    Sounds like you need to reopen with new and material evidence.
  9. Sad
    vetquest got a reaction from blahsaysme2u in Preparation for Decision   
    Good answer by broncovet.  The question we can never answer is "when?".  Some lucky people get approved the first time out within months and others spend ten years or more at the BVA and CAVC.
  10. Like
    vetquest reacted to blahsaysme2u in Sleep Apnea   
    yeah my VSO has already submited for BVA with hearing. one of the lawyers they use will be representing me he said and will assist me with the case. i am jsut so frustrated. i dont want to give up but this is so upsetting and frustrating. i am going to get an IMO as well now with a sleep doctor that will write "as least as likely" service connected given the time frame of discharge and my DX(talked to the dr earlier today about this. i have appointment with them in march.) i am also going to see if he will fill out a DBQ since my VA doctor refuses. 
    thanks for confriming that i am at least on the right track. ill post my BVA argument once it is completed by the VSO and see what you guys think/
    thanks gain
  11. Like
    vetquest got a reaction from blahsaysme2u in C/P Exam 4 conditions, Want to Deny 1   
    It is hard to get a C&P taken back once it is started.  You can try to call the C&P office and ask what the exam is for and tell them you are already rated for flat feet.  That is your best bet.  Just remember to always show up for a C&P exam in that a failure to show is a sure ticket to denial, even if it is already rated.
  12. Thanks
    vetquest got a reaction from blahsaysme2u in Sleep Apnea   
    It looks like they are saying you have a disability, ie sleep apnea but it is not service connected.  This sounds like you got this and the allergies determined before the one year but they were not compensable during that one year time frame.  This is delay and deny.  File an HLR or a BVA appeal for sleep apnea.  Before filing for the BVA appeal I would think of contacting a NOVA approved lawyer to see if they would be willing to represent you.  If they are willing that means that they think they can win the case.  BVA cases take a while but it appears that the VA is giving you the run around and an HLR would get you more of the same.  I would also file for the allergies if you have not already and when you are denied see if they can roll this into the BVA case.
    I hate to point you to the BVA at this time but it seems the only way to get this straightened out.  Over two thirds of cases at the BVA are remanded or overturned.  It just takes some years to get there and get everything back.  I wish there was another way but there is not that I can think of, I spent ten years going to the BVA and back.  Yours should not take that long.   
  13. Like
    vetquest got a reaction from paulstrgn in Confused Why Money Showed Up Today from the VA   
    Congratulations, I guess you did win the "veterans lottery".
  14. Like
    vetquest reacted to Vync in CUE Update   
    Did they respond to each point of contention you made? Or did they simply disregard most or all of that?
    I'm no CUE expert, but I have seen cases where veterans may simply file a CUE consisting of a paragraph or two, but then trust the VA will interpret their argument.
    I have my first two CUE's in the hopper. I focused on each and every error the VA made. I quoted the law in effect at the time, evidence of record, explained very specifically how the VA committed CUE, and the potential change in the outcome.
    Can you also please check the documentation that was mailed with your denial? Did it say you can file supplemental, HLR, BVA, or something else? Honestly, supplemental should not be an option due to the nature of it, but was curious if they had a special document for appealing CUE vs. just sending out the usual form like they do for everything.
  15. Like
    vetquest got a reaction from GBArmy in CUE Update   
    If you have an IMO I would go directly to the BVA.  Your chances of a win there are better.  Otherwise I would go with an HLR and see what falls out.
  16. Like
    vetquest got a reaction from Vync in Increasing Rating how to get an increase   
    I am receiving 70% for PTSD and am still able to purchase a gun.  I believe the gun prohibition that they were talking about for disabled veterans are the veterans with a conservator to handle their finances.  Please have him apply.
  17. Like
    vetquest got a reaction from GBArmy in Sleep apnea   
    Both shrek and GBArmy are correct.  I would put together a package of your doctors notes and treatment records with tabs to mark the most important evidence.  You can offer the doctor these copies and give these to the examiner, most will accept them.  I once had a VA C&P doctor go through all of my records and pull out the most important facts, this is unusual.  Most doctors are not given enough time to read all of your records and some of them do not.  
    Be respectful and do not let the examiner upset you.  If they allow; bring your spouse with you, if you have one.  
  18. Like
    vetquest got a reaction from Tbird in Happy 23rd Anniversary HadIt.com !!!   
    Thanks Tbird, Buck52, and broncovet.  I wish you were here thirty five years ago.
  19. Like
    vetquest reacted to ShrekTheTank in Sleep apnea   
    You doctor notes are best.  You can also tell them what is going on.  I would take documentation with you and show them the issues you are having!.  
  20. Like
    vetquest reacted to GBArmy in Sleep apnea   
    If your asthma is also s-c, ask the C&P examiner if your meds for that as well as for PTSD, many of which make you put on weight, also cause weight gain. Weight gain can  definatetly be connected to OSA. Look up the cautions on your prescriptions and show them if they say no. If yes, ask them to include it in their exam notes.
  21. Like
    vetquest got a reaction from paulstrgn in Appeals Process and Evidence   
    It seems that VA errors never go in the veteran's favor.  I would go with an HLR with the statement that the evidence might have been overlooked.  You should see a list of the evidence they reviewed and your information should be on this list in your decision.  If it is not, you know they did not consider it.  If it is listed on the "evidence" portion of the letter then they may not have given it reasonable weight or ignored it.  The BVA chastised the RO in my appeal when enough consideration was not given to lay evidence.  This does not appear to be an isolated incident.  
  22. Sad
    vetquest got a reaction from paulstrgn in The FIRST thing you need to do..   
    @shrekthetank1 As far as it being a handout, I went without benefits the first year I was disabled out of the military, it was hard, I sold my truck and my wife cried over doctors that I was not able to see because we did not have enough money.  A friend loaned us about $30,000 which we paid back as soon as we could.  The emotional stress on my family with me not being employed and not getting the medical care I needed was beyond comprehension.  I once was told by a pharmacy tech that my medication was expensive and I should be thankful for the handout.  I about lost it, he was a young man with a good job telling me when I was disabled out of service and I was told by a doctor that my disability would probably kill me before I was 25 I was getting a handout.  Without benefits some of us disabled veterans would lose everything we have including our families.
    Military disability benefits are not a handout, they are solely to reimburse you for your loss and they do not make them easy to get.
  23. Sad
    vetquest got a reaction from ShrekTheTank in The FIRST thing you need to do..   
    @shrekthetank1 As far as it being a handout, I went without benefits the first year I was disabled out of the military, it was hard, I sold my truck and my wife cried over doctors that I was not able to see because we did not have enough money.  A friend loaned us about $30,000 which we paid back as soon as we could.  The emotional stress on my family with me not being employed and not getting the medical care I needed was beyond comprehension.  I once was told by a pharmacy tech that my medication was expensive and I should be thankful for the handout.  I about lost it, he was a young man with a good job telling me when I was disabled out of service and I was told by a doctor that my disability would probably kill me before I was 25 I was getting a handout.  Without benefits some of us disabled veterans would lose everything we have including our families.
    Military disability benefits are not a handout, they are solely to reimburse you for your loss and they do not make them easy to get.
  24. Sad
    vetquest got a reaction from GBArmy in The FIRST thing you need to do..   
    @shrekthetank1 As far as it being a handout, I went without benefits the first year I was disabled out of the military, it was hard, I sold my truck and my wife cried over doctors that I was not able to see because we did not have enough money.  A friend loaned us about $30,000 which we paid back as soon as we could.  The emotional stress on my family with me not being employed and not getting the medical care I needed was beyond comprehension.  I once was told by a pharmacy tech that my medication was expensive and I should be thankful for the handout.  I about lost it, he was a young man with a good job telling me when I was disabled out of service and I was told by a doctor that my disability would probably kill me before I was 25 I was getting a handout.  Without benefits some of us disabled veterans would lose everything we have including our families.
    Military disability benefits are not a handout, they are solely to reimburse you for your loss and they do not make them easy to get.
  25. Like
    vetquest reacted to ShrekTheTank in Knee, Shoulder, Back, Migraines C&P Next Week   
    For the headaches do a 30 day log to show how bad it is and give them a copy.
    Next yes they will have you lay down for the Knee.  Shoulder you should be standing.  Here is something important to remember when you are in there.  You tell them when it is painful!  When you first feel the pain not when you get to the point you are about to cry.  They will do a few tests on each one and just be honest.  Don't try to man up on this test as it hurts you in the end.
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