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Senior Chief Petty Officer
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GeekySquid last won the day on August 19

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About GeekySquid

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    E-8 Senior Chief Petty Officer

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  1. What bronco said is good standard advice, do that for every claim and every condition. take note that as said you don't have to have every condition listed for each rating. It is a combination effect and there are analogous conditions/outcomes that can be used. On the issue of work. Do you work because you financially have too? have you lost/changed jobs frequently with periods of no work in between? were those situations caused by your conditions? If any of that is true, get your Social Security Records and lay statements saying you left/lost your job because of your conditions, to include in your claim. I am not picking on you but is this statement just worded wrong? you cannot be on active duty and be a compensated veteran. ------------ I will off a different track. Do you have episodes of dizziness/vertigo? There is a form of Vertigo related to migraines that occurs with or without a full blown migraine event. If you do have vertigo/dizziness do you also have tinnitus (usually but not always at 10%, and Hearing loss, even rated at 0%)? If you have all three then you can be rated for Meniere's and if you walk funny, like a drunk or drift all over the place, you should get 100% for Meniere's.
  2. to get anything above 0% SC on HL your puretone and Maryland CNC scores have to really be "bad". as someone with Cathedral Bells going off 24/7 I sympathize with you but the rating structure on hearing doesn't seem to have a modifier for Tinnitus but I would have to go back over it again to verify that. if this is in writing it might have some impact but the HL standard is pretty set in stone. If after a couple weeks post-exam the results are not in Blue Button, assuming this was done at the VA and not an outside contractor, then go to the Records Office in your VAMC, fill out the form and they will print them for you. Again that depends on your Puretone results and Maryland CNC results. They use multiple tables based on the readings in each ear, combine them and that gives a result. So without that data we really can't offer any solid opinions based on facts. I will say that if you are deaf as a post and can afford and IMO/IME then that might help you in an appeal.
  3. hi, In your GAD score items 1, 5,7 don't help you In your PHQ-9 score the statement you apparently made that being depressed "made it NOT at all difficult to do his work" doesn't help you. Remember that our compensation is based on the severity that our conditions have on our ability to earn an income based on the "average person" standard. Both your scores fall into the mild/moderate category. Depending on the other evidence in your file, these scores could suppress a higher rating. None of us can say with any certainty how a rater will evaluate your file. what is your SC percentage for Hearing Loss? is it so significant that you have a 10% or higher rating for HL? I would imagine that the higher the % of HL the more serious any secondary depression would be by VA standards. yes we know they don't think that hearing loss is real unless you are deaf as a post, and even then they don't like to pay for it.
  4. I am fairly sure that "implying" is not supposed to be the basis for a medical opinion. In fact it is also grammatically incorrect. I "imply", You "infer"; The speaker/writer makes a statement that the hearer/reader takes to mean something that is not directly stated. so you popped out of the womb and complained of rhinitis? again, what is the evidence of this. Go back to the Chris Attig link I shared. If during your induction you were not specifically examined by a competent medical professional on this issue and those results recorded with your entrance physical, then you were PRESUMED to be 100% "normal" without defect. That means this is direct service connection instead of aggravation of an NSC. As I mentioned if you don't have an in service nexus that might be a challenge. However you do document there is significant in-service medical evidence. This will be informative to see how it plays out. Good Luck
  5. in general you are correct that doing it the "simple way" would be easiest and best for us. However, you and I and every vet knows, that simple is not the VA way. He is obviously going to appeal this, which even under your "simple" way the VA could deny. We know that happens so it is not that far fetched. They denied me SC on a condition for over 5 years because the C&P doctor only used my first enlistment and put it in writing that she did so. The VA refused to change the status despite having their noses rubbed in their own words. Gathering the best evidence possible and introducing it at the appeal sets a stage for any later legal action. Remember Chris Attig's advice to include a challenge to the C&P examiners credentials in EVERY NOD? his reason as stated is because if you don't challenge at the first opportunity, the NOD, you can never raise that claim in later courts. The same applies to other evidence and challenges you might make to a VA rating. So while the "simple" way SHOULD be the best, fastest, and most sensible, we are dealing with the VA and none of those may apply.
  6. Keep in mind that asbestos is a cause of mesothelioma. Those trust funds are irrespective of VA determination and VA cannot reduce your award just because of a meso award. If that applies to you, then apply.
  7. Hi, according to Benjamin Krause https://www.disabledveterans.org/about/ yes you can. you will have to dig through his site to find it. He states he got VocRehab Twice, the second time to get his JD. TDIU does not automatically preclude you from Chap 31. Be aware however that if an eval was done that says you won't be helped by retraining then you are out of luck unless you really dig in to fight it. Additionally with Chap 31 the standard they tell you is that they will only pay for education that lets you meet the MINIMUM requirement to enter the field you wish be trained in. For example if you want to be a Lawyer, for the most part (except in Louisiana) the minimum is to have a JD. Louisiana is the last state that allows lawyers to be trained by OJT instead of only by getting a JD. The catch is you have to find a lawyer to mentor you until you pass the bar. Then they may play the game that you already have a degree in something so go back to that field. you can overcome that with Ben Krause's advice. Another game will be for them to want to limit you to getting an undergrad and tell you you have to "wait" to see if you can succeed in school before you can get a Graduate Degree. Make them put that in writing as it is NOT a VA requirement in their Chap 31 Manual. you can legally collect TDIU and Chap 31 benefits and compensation at the same time while you are in school. TDIU cannot be denied or reversed just by going to school. there is a whole process and a year of employment after school to prove you have overcome the barriers to employment. It is likely to be a fight, but then you are bored so why not ?
  8. Hey Vync read this by chris Attig, https://www.veteranslawblog.org/presumption-of-soundness/ also I noted you did not cite 38 U.S.C. § 1111 presumption of soundness specifically. Here you need to scour the evidence listed for that other evidence. Follow Attig's advice. Did you just put on the form you have nasal problems? did they send you for an evaluation or specific exam? if not that it does not meet the evidentiary level necessary to be a medical fact. It is just a "note". According to Attig, if the VA does nothing more than let you list it as a problem but does not investigate you are presumed to be sound, without defect. Meaning the rate erred in not presuming you sound upon entrance to the service. Now that argument may create a different problem if you don't have an in-service nexus and are only claiming as an aggravation.
  9. Welcome, As an old old squid I get it. As for them being a sham, that is a strong word. They are businesses. nothing more. Unlike Chris Attig at the Veterans Law Blog, which i am a member of, they are out to make money. Bronco, GB and Vetquests advice is accurate but you ultimately must decide if the cost is worth it too you. Remember with those paid folks the costs of their pet examiners is tacked onto your bill. Their value is that they have those folks on a leash and front their fees and costs. I suspect, but don't know, that they pad that bill when they tack it to your debt to them. Unless you are on the verge of death and your spouse/heirs are too distraught to dig into the fight, then In my opinion, I would suggest doing the initial filings yourself. Use the VLB training or even consider the NVLSP Basic Training Course online. It is 150 upfront but it teaches you how to be an advocate...and you need an advocate and the best one is you. https://nvlspbasictrainingcourse.com/product/online-basic-training-course/ It was created in partnership with Lexis-Nexis And come here to ask direct and detailed questions.
  10. I agree w/ both Shrek and GB in their posts. I assume you are going to fight this and in that I suggest you do a couple of things. 1) Follow the others advice 2) have your wife write a Statement in Support of case. 3) Look at the papers you got to attend this C&P. It has an address in it. 4) Use your cellphone. If you allow your cellphone to track your location, there is a record in the Cloud of everywhere you have been that it found you by GPS and Cell Signal. Convert the address of the C&P office into Latitude and Longitude. Then scour your Cell records for nearby coordinates. Depending on what services you use (android or apple or microsoft) you will be within a 1000 Feet of the C&P Office with the date and time stamped by the network. 5) if you or your wife made a call on that trip to the office? in the office? did you send or get a text? It will be recorded as part of your history. Contact your cell provider and find their process to get that data. This may take a lawyer. 6) did you send a pic along the way, that records the lat and long in the image unless you disabled that feature. 7) Did you write a post here the same day after your C&P? that is contemporaneous record keeping. 8 ) Did you email anyone about it the same day? again contemporaneous records. 9) Did you speak to anyone that day or the next about the appointment? get them to write a Statement in Support of Case just like your wife should do. 10) Get the DBQ, Dr's notes, and any letters to and from them to and from the VA. in other words get your C-file records Those would be my suggested first steps as you plan your appeal.
  11. no one can answer that truthfully. I suspect that it may come up If it does come up in a rating decision or C&P, then it is your job to A) demonstrate she did not actually ask those questions/ write it up truthfully OR B) prove it is has gotten worse. Further, and just accept this for now, if they do say something about it, it lets you attack her credentials which you "might" need for down the road at higher courts but have to do at first opportunity, the NOD, or you can lose your right to challenge them.
  12. You are going to want to learn to search PUB MED and PMC https://www.ncbi.nlm.nih.gov/pubmed/ use the drop down in the top left box to select the publications. You will want to look for Jet Fuel, JP4, JP5 and JP8 You will want to bookmark this link https://www.globalsecurity.org/military/systems/aircraft/systems/engines-fuel.htm and whatever specialist you go to have them read it, particularly the composition of the various fuels. More research seems to have been done on JP8 but chemically it shares a great deal with 4 & 5
  13. not to be a downer, but the note of "sleeping well, good appetite at home" did him no favors in terms of getting rated. different forms of therapy affect different vets in negative fashions. That is why there is no "cure" for PTSD. All of the therapies, including the Seroquel & Lithium, just made me angrier. I know that is of no comfort, but sadly it is just plain reality. that is great but my suggestion stands.
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