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GeekySquid

Master Chief Petty Officer
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Everything posted by GeekySquid

  1. that would be awesome.. it's not even my claim and I can't wait to find out the result LOL
  2. What I am getting at is that i suspect getting your CUE may have triggered this look that made the VA cue itself. What will be interesting is how long they drag out answering the cue you filed.
  3. Congrats. Is this dated after receipt of the cue's you filed?
  4. Bronco is right, go for it. The intersection between TDIU and the royalties of a book is non-existent. Writing a book is not parallel to showing up at the office 9-5, 5 days a week. It is a mostly solitary endeavor that can be stopped and started as your conditions dictate. While writing is a career, writing a single book is not. While doing a book tour is "work" it is not a steady form of employment. residuals from a book are, for IU purposes, akin to getting a monthly or annual residual from an investment you made. It is a passive income not related to the work standard of the 'average person' which is the standard the VA must use to rate our disabilities and abilities for compensation. write your little heart out buddy... hope it is a best seller
  5. exactly why we go through this process. we , meaning YOU, want the reviewer to "get it in one". No fuss, No muss, No Coconuts. It is hard fricking work to get it that way when you have never done it. But you will always know how once you have worked the process and gotten your CUE to a concise, neat, and crystal clear document that no reasonable person can argue with.
  6. I like the changes...for the most part. do me a favor. leave this copy up and add a new document that shows how you think the Information is this document ties together. In this doc I am asking for, please say Pg 1 entry Exhibit 1 is rebutted by P 1 Entry XXX. Example: Exhibit - 4, C&P Exam, June 29, 2010. Dr. Harvey L. Nissam, p 2. para 2 & 4 state in part: bullet bullet bullet Then where is your rebuttal evidence? the stuff you say he got wrong and citation to your supporting evidence? The overall format is Their Statement blah blah blah your rebuttal evidence blah blah blah. Remember you are trying to draw a map with a straight line between their statement and your evidence showing they failed to apply the law properly. you are putting a lot in this single cue and that makes it very complicated. Further you only need to put in the statement about requirements not met, one time after all the evidence you list and rebut.
  7. while I agree with you, i am just tired of having to listen to the crap followed by the whine followed by another attack. My child is grown and out of the house, I don't need to put up with another one.
  8. no one has insulted anyone...except you that is. You are once again trying to stir up crap that does not exist. this is amazingly rich considering your own words and behaviors. I will point out you don't speak for me and I know of no one else here who has appointed you their public spokesperson. you are the only person that is even suggesting there was a law or regulation. what there was is a very upfront question of why this person decided to just quit instead of using any or all of the alternatives he had available to him. After all this was his "dream school", so just getting mad and running away does not make sense in the post he made. and on that attempt to insult everyone on here you have a grudge against, and apparently that is many. What value you might have had is overshadowed by your snide, insulting posts where you deem you can insult others but then have a fit when anyone speaks back. I suggest you go back to your mental health counselor and get a tune up . I am now blocking you.
  9. there are some pieces missing in what you state. The school of your dreams, if accredited, is not going to accept you unless you have filled out a FAFSA and been approved. That you get VocRehab money is irrelevant to that reality. You apparently chose NOT to accept that student loan as you said because you could not afford the future 8K debt. Yet if this degree is that expensive then the income from it should more than cover the 8K if you had bothered to continue and fight with the VA to get your VocRehab situation addressed. you cut off your nose to spite your face. Secondly, you have your GI Bill, so why weren't you just going through the standard process instead of a VocRehab process? Your rating percentage has squat to do with you using your GI Bill. It is yours if you were honorably discharged. Period. Full Stop. You don't need to have an IWRP done using regular GI Bill. The Government does not limit you to any career. The GI bill is yours even if you left the service with a Doctorate, you can use your GI bill for any other degree you want to get. it does not matter. If the situation was that your school was too expensive for your GI Bill then take out a loan and apply for grants. The school is your choice to attend not the tax payer obligation to pay for an Ivy League education if the tuition is outside the normal payment scale. I have multiple advance degrees and my GI Bill was for crap. I paid for them all on my own. I never understand Americans who expect others to pay for their education. Anyone can get a student loan unless you are a felon or have burned the Dept of Ed on other loans. There is no credit requirement. so even if you had bumps in the road getting the VocRehab money you had options. Why did you chose to have a hissy fit and throw it all away?
  10. the others are right, the answer to your main question, can he get tdiu, is based on why he keeps losing the jobs. Once you apply for TDIU the VA will get his Social Security Income report, which will show all taxable income earned and the source. you should get that same report, you do it on the SS website. The should send him to a vocational evaluation as well as C&P's to evaluate his condition as a claim for TDIU is also considered a claim for increase. To win this claim, at each job he has held, and was let go from, he should try to get letters from supervisors or coworkers or better yet HR saying he was terminated based on whatever and hopefully they list his ptsd related behaviors. The VA is going to ask those previous employers for that information. What works in your favor is that Employment law limits what the employers can typically answer to such a request. That means if the coworkers etc write letters saying your husband was XXX XXX blah blah blah at work and got canned because of those behaviors, then it will bolster the IU claim.
  11. any retro pay can only go back to when you first filed the claim not the date in service that you got the diagnosis. For example if you were diagnosed in 1986 but did no file until 2000, 2000 is the earliest date you could possibly get retro too. The one caveat is if you filed within a year of getting discharged. those veterans can get retro to the day after their discharge date. I am not sure when that rule was implemented but based on my reading of your post it may not apply to your situation. We would need to see ALL your decision awards and denials and the DBQ;s. Redact them and post. if you chose not to post, then no one here can really give you an on-point answer. The reason is that a CUE, unlike a NOD, must be based on documented fact that is unarguable by a reasonable person. That means that the actual words matter. Not your opinion of them. Not the line you think is important but the entire document you are trying to attack. We humans like to read things to our liking, and that does not fly with a CUE.
  12. I am not sure I understand what you mean here. are you saying the VA gave you a TEST for tinnitus? what test would that be? Tinnitus is a self-reported condition. there is a rare situation where other people can hear the ringing in your ears, but that is so uncommon it doesn't rate a percent of known cases of tinnitus. Tinnitus is basically the brain reacting to an absence of expected sounds. nature hates a vacuum and in this case the brain creates the sound it expects to receive. got hurt how? were there witnesses? can you contact them? do you have your C-File? go through it and pull out every hearing related document and test. you are looking for a Significant Threshold Shift (STS) marked on one of the hearing tests and or a page that says OSHA STS on it. learn how to read the little charts in the audiograms and figure out what percent of hearing loss you may have had in service
  13. yes. Properly identifying your evidence documents, whether you call them exhibits or enclosures, is essential in properly citing them and leading the rater to exactly which document and which page/para you want them to be reading. The last thing you want to do is give them reason to dig through piles of unrelated crap, who knows what they may latch onto to deny your CUE The rules for "properly" citing something are fairly similar no matter what standard of style is used. Initial time in a document. List full title--- Exhibit 1, C&P Exam Dated XXXXXX, p. 1, para, 2. says in part "....blah blah blah..." If you have multiple places to use Exhibit 1 in the same document, the rest of the entries are Exhibit 1, p. 2, para 4 says in part "....blah blah blah...." If you have multiple exhibits supporting the same thing if they are the same type of record it is a little different. For example if you arguing Hearing Loss. you will likely have multiple military hearing tests as exhibits. If you write "C&P Dr. xxxx states in part "...veteran can hear fine..." and your have multiple military hearing tests that say different you write Exhibits 2 to 12, Military Hearing tests 1980 to 2012, show marked hearing loss and OSHA STS. you don't necessarily have to go to the specific line unless that line is in a long long paragraph and only that line is important. Besides going that low can lead the reader to the wrong sentence. that is why you use the phrase "states in part "...blah blah blah..."" that blah blah blah is the line you want them to read and tells the reviewer this specific thing is what is important for you to read/grasp.
  14. GeekySquid

    Mistake

    Bronco is right. Based on your post, you may not understand SMC and how it accrues. I would suggest you read up on it.
  15. you did a pretty good job...but is good good enough to get you your ducats? always remember this is YOUR money. We don't get paid. We don't take money. We are giving aid to you so you get YOUR money. When we are done with you, you will be able to do the same for others. You get yours, and then you pay it forward by helping other vets get theirs. Each of us has our own areas of strength and experience. Among mine are being the nit picky editor trying to convince you to use your best words, strongest words, most powerful words, to get you a standing ovation and a big fat check. Yours will be how to research and understand all your own conditions and be able to beat the crud out of the VA with a proper CUE instead of trying to use a noodle-bat. you were a WO, you remember OJT... same shit different day.... it's OJT time again WO, get to scraping...
  16. standing by to stand by WO... expect a hard hitting on point document... no pressure
  17. i will jump in and suggest that you look at the other suggestions on your other cue's and apply them to the format of this one also.
  18. I agree with Bronco and Berta, this is pretty well formed. I would suggest that you revise to remove the "I" and "you" phrasing. This is supposed to be dry as sand. Fact Law Fact Law Fact Law. As Bronco points out, it must be unmistakable what the error is. Adding emotional and personal words clouds that reading. If you feel you need a narrative to explain, then you may not have a CUE or the writing is not strong enough on it's own. If you feel you need a narrative or timeline, add it as a separate exhibit and cite as any other exhibit. In formatting, I would suggest looking at the parts where you say Sentence 1, Sentence 2, etc. and reformat that to be an inclusive opening statement citing Exhibit, 1, page, 3, Sentences 1, 4, 5, 7 and then list them as bullets under that statement. It adds clarity, ease of following and form if you structure it that way.
  19. sorry to hear that result. I imagine it helps explain some health issues for you. Is there any successful treatment?
  20. Bronco is spot on. If you decide to file the writ, follow the rules. dot the i's cross your t's . don't give them an excuse to deny. Me, I am going to be calling my political hacks and jerking their leashes to make the VA jump and get it done ASAP... but that is just me.
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