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Second Class Petty Officers
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Richard1954 last won the day on June 7

Richard1954 had the most liked content!

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About Richard1954

  • Rank
    E-4 Petty Officer 3rd Class

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  • Military Rank
    SFC Retired

Previous Fields

  • Service Connected Disability
  • Branch of Service

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  1. Richard1954

    How can they VA examiner just lie?

    Do C/P examiners lie... Hell yes... I have an appeal in the system where an NP c/p examiner stated my left knee injury was caused by my walking up a slope, and not by my right knee buckling,,, then 27 days later she when back and stated that a knee injury of one leg would never cause injury to the other knee. and cited a reference. I looked up the reference, and found out that the examiner had taken part of a sentence from the reference, and also learned that the reference was about gaits, and limps, and had nothing to do with knee injuries.... IN this case the NP examiner was out to screw me.... other wise why go back and write an addendum 27 days after the initial examination....My case is presently on appeal with a IMO.
  2. A couple of points.. first if you are rated 100% you are entitled to a waiver of the premiums for your $10,000 of VA disability insurance ( VA pays for it) , and secondly you are entitled to buy a separate $20,000 disability policy from the VA that you would have to pay for , its not much but it is something. Since you are 100% P&T you children are automatically entitled to chapter 35 education benefits, and you spouse has 10 years usually from the date of the 100% award was granted. ( check you award letter to make sure it says P& T, or chapter 35 benefits awarded) As to the the DVT that was diagnosed in service it doesn't matter because you must still show that you still have DVT if you cannot show a more recent diagnoses you will not get service connection. In some instances, while you many have a disease the va may not find it on the initial c/p exam, and they will deny service connection. In such cases the veteran has to prove that the disease or condition still exist, buy receiving treatment within the first year of discharge or some other way. DVT is a blood clot issue, and it does go away within weeks or months without any significant problems I doubt you will get a rating for it.
  3. I'm going to chime in and say.... Obesity is not a disability that the VA can rate. In other words even if you can get obesity service connected ( and aside from the few cases cited) it would not result in financial compensation, because it is not in the rating guide. The BVA or the courts are the only ones that can even grant obesity as a disability, so you would have a long fight. Also as has been said BVA cases are not precedence setting. For example, I am entitled to automobile adaptive equipment for a service connected condition of loss of use of my left foot. I also have a lung disease. My pulmonary doctor wrote a prescription that I should have air conditioner set no lower than 72 and no higher that 74. When I tried to get air conditioner as automobile adaptive equipment it was denied because my lung condition is not a condition listed in the adaptive auto equipment guide for air conditioning . I appealed it to the BVA, again denied. Then I appealed it to the court. It was approved, but not by the court itself because they did not want it to set precedence, instead I was told to find a lawyer, ( and put in touch with the Pro Bono consortium ), once the lawyer took my case, the va and the lawyer made a deal off the record , I got the air conditioner for my automobile adapted equipment approved and paid for, but you will not find any case at the court that was ever decided. because it was granted before it went in front of the court. My point is things are not always as they seem. I can show you the award letter straight from the court, but you will never find my case at the court. Getting sleep apnea secondary to weight gain is also a long shot. I am overweight, I have been awarded sleep apnea, but I went and got an Independent Medical Opinion that my apnea was more likely due to my lung condition asthma/copd. When I went to the c/p exam, I told the doctor that in my early days, while still in service my wife would wake me up because I would stop breathing. The c/p examiner stated apnea was more likely than not to have occurred on active duty, (not because of my lung condition) but because he believed my story when he said was consistent with apnea cases. Now in my case, while I was granted apnea at the 50% level, it did not increase my compensation because the va will not grant a separate award when someone is already rated for asthma/copd. So here we have a case that in reality was granted because of my story, and I was given the benefit of the doubt by the examiner. I wish you the best in your pursuit of the obesity and apnea claim but I do have doubts it would be granted regardless of what you have found on the BVA cite. I also have doubts because if it was easy to get such a claim approved, there are many overweight vets my self included, who would claim obesity as secondary for a number of different service connected illness. Just as the court has said Pain is a disability, so what the va sill will not compensate you for pain by itself, and I doubt there will ever be a rating above 0% for pain by itself,because in most cases pain is taken into consideration when someone is rated for a condition.
  4. A chapter 10 discharge is an other than Honorable Discharge, since you had to request it in lieu of Court Martial and had to agree to plead Guilty to at least one charge. I don't understand why you yourself cannot provide to the VA proof of such discharge. I know everyone is different but I have every piece of paper ever created concerning my military service, to include discharges, awards, letters etc.... I can't understand why you would not have kept proof of your discharge, especially concerning a discharge that is a bar to VA Benefits. It seems to me your first concern should be to speak to a lawyer and inquire if your discharge could be upgraded before you worry about getting any benefits. I find it almost unbelievable that you had an Honorable Discharge that was changed later ( without your knowledge) to an other than Honorable Discharge, Simply because a Chapter 10 discharge is only given for other than honorable service. The most you would have received was a general discharge under honorable conditions, and that just doesn't happen very often.
  5. Well, after careful consideration I decided to opt into ramp. I figure what the heck, they can't screw things up any worse than they already have.... I figured at my age, if I wait under the old system it will be another 10 years or more, and I don't want to wait that long again.... so maybe I get luck under ramp and a favorable decision is made before I die....
  6. You should also speak to your doctors about a nerve conductive study ... it is a simple test ... they will stick needles into the effective limb to determine if there is a problem with the nerve and at the same time confirm which disc in the back is effecting the leg.. You might also request a myelogram which is a type of xray, with contrast to determine the nerves and disc involved. Without these test to verify the issue.. the va will not rate you for the problem.
  7. I do all my own claims work ... I understand the system very well.. and have fought it for years....
  8. Richard1954

    Anyone Use David Anaise Md Jd

    I cannot speak to Dr. Bash, I did try to contact him many times but he just didn't respond. I did pay Dr. Anaise for a Medical opinion on two issues, one for a knee injury secondary to the other knee, and one for sleep apnea. It turned out I didn't need the opinion on sleep apnea, because the VA c/p examiner, stated that with my other medical conditions it was more likely than not that sleep apnea occurred on active duty, This was a claim 31 years after I retired with nothing in the medical records about apnea, until 25 years after retirement. The knee opinion was completely overlooked by the rater, he called it medical evidence, which was BS, so the knee issue is on appeal. I only paid $1500, for the IMO's, and they were very well thought out,.... I did have to supply all the medical records pertaining to the issues which he states he destroys later. What do you mean by the hairy eyeball comment ? Is that some kid of code that you think they think they are quacks? Really maybe I am dense, but don't really understand the comment.
  9. Richard1954

    IU Granted - Question

    when did they change the color of an id card for a veteran that is 100% - Last I checked they are tan like a dependents ID Card DD Form 1173 whereas a retirement ID card is DD Form 2 (blueish green) I think you many be mistaken about the color of the ID for a 100% disabled veteran
  10. My understanding of the Law.... The VA cannot reduce a veteran's disability based on one examination. I could be wrong, but I doubt it.
  11. I can tell you that when I applied to work at the Post Office I claimed Veteran Preference. When I was interviewed I was asked what my disability was, I told them my back. The interviewer used this information to deny me employment. When I did finally get a federal job, I was asked was there anything that would keep me from doing the job I was hired to do, I stated no. Later, when I got sick because of a cold computer room ( temp kept at 68) My doctor wrote a note that stated my room temp must remain between 72- 74 because of my lungs.( service connected) The human resources tired to use this against me, saying I had lied when I got hired. Later the Director of the DOIM determined that the temp in the Computer room did not have to be so low, and I was removed from admin leave back to duty when they raised the temp. When I re- injured my back, and ended up with drop foot, my doctor wrote a letter that I could not climb stairs. I was medically retired..... So to the question, who has access to your medical records, legally no one, but the government can still get rid you if your medical conditions prevent you from doing your job.
  12. I have attached a copy of the VA Mission Act of 2018, I suggest that all concerned print out a copy and read it. Personally I don't see much difference in the new law , the VA still gets to decide who get to use the Choice Program when a Hospital or Clinic is within 40 miles. or when an appointment cannot be scheduled within 30 days, or when r care is not available at the VA. This is a 25 page document so make sure you have your paper loaded. Also The open the Caregivers program ups to all veterans who served on on before 7 May 1975 ( which seems to me to mean every veteran). But because the congress also requires the VA to create a computer system to run the caregiver program, the program will not actually open up to all veteran until after the system is certified. Once it is certified it will be two years more before it actually opens to all veterans. In another section it states the Va only has until 1 Oct 2018 to get this computer system working, so it does get a little confusing about what all this really means about the care giver program. anyway down load it and see if you can make better sense out of it than me.... va_mission_act_summary.pdf
  13. Yes but this is nothing new Choice has worked this way for a while now....
  14. Choice has never ever been the veterans choice, the va always decides who does and doesn't get choice based on the services available at the VA Medical Center... maybe with the new law Trump just signed that changes, but up until now ... it was never really the veteran who got to chose.
  15. And then you just have to ask yourself how many were decided wrong and have to be appealed my conservative guess about 3/4 .

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