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GeekySquid

Master Chief Petty Officer
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Everything posted by GeekySquid

  1. you are welcome. but the first page still has your last name on it. It is up to you if you care but combined with the dates of service and other readily available resources you could be identified and located online. It is such an easy mistake to make and I would hate to see someones PII spread from this site. I don't even read the docs in detail when they first come up. I just look to make sure PII has not accidentally been included.
  2. congrats!.....don't spend it all. pay off your debts. buy necessities. Get the kids something fun. Buy something nice for yourself. save the rest.
  3. the problem with the "horror stories" is that they are a) only a part of the true full story and b) they apply to both family members as fiduciaries as well as VA and Court appointed fiduciaries. Nothing against you and your brother, but the reality is humans, including family members, can be greedy, try to cheat, "feel entitled to something", or just plain are not competent to be a fiduciary with the associated documentation and reporting. the folks here are right, a lawyer you trust is a good place to start. One possible alternative to this situation is have your Dad create a Living Trust, make the Trustee one of you and assign his POA to the other. Put parallel obligations in both documents so that the "kids" don't squabble over things. His VA compensation, retirements, property, etc would go into the Trust and the Trustee would cover his bills. The POA will allow that individual to speak for and decide for your father.
  4. @scottishere99 Pull these files down ASAP. Most contain some very sensitive personal information of yours.
  5. Go there, go to Blue Button. Select Date range of the exam. Select Notes & Reports. Select PDF. See what that brings down. Keep trying the combinations until you get the specific files that are "mostly" what is in the download. In the alternative if you have Windows 10 it should have Print to PDF built in. Download the whole file. Search for just the C&P (in your PDF READER) find out all the page numbers your PDF Reader shows belong to the C&P. Go to File Print. Select Microsoft PDF. Print Range of Pages. save file as C&P whatever. That will give you just the pages you selected as a separate PDF file. Once you have that redact anything that looks like YOUR name and your Personal Info like SSN or Address. Including in the headers. Save that. Go to File then Properties (depending on PDF reader) and look at the properties and meta data. erase your info from there or it will transmit as embedded data ----------------------------------------- You should know that data in Blue Button is only there for a rolling 3 years. At a Minimum once a year on a consistent date you set, you should download everything. I would suggest once a month, but then I am anal retentive.
  6. that little paper clip at the bottom of the posting form. that is assuming you have posted enough for the system to have unlocked uploading docs
  7. then download it, redact it and post it if you want opinions and suggestions on what it says
  8. va keeps that data secret....damn squirrels when it comes to useful facts.
  9. yes it is based on what you say you are trying to do. If you can afford both opinions now, get them. There is no "age limit" on a submitted IMO/IME. yes if they accept the cheaper one, you have spent money you did not have to, but if they don't accept it then you are prepared for the next step. You have to decide if waiting to get the more expensive one is of the most benefit to you. You have to consider the time it takes to get one, the health and age of that doctor, even the possibility of retirement and or illness/death at some near date. I am not trying to convince you one way or another, just presenting you with factors that probably should be considered. Not everyone has that kind of disposable income and it is understandable to make the best choices as you see them. I just want you to consider all the possible factors that might hamper you getting what you want. Both these doctors are well respected and frequent providers of IMO's ....they know how to do it. They are also old enough to retire or suffer some age related situation, though I hope neither happens anytime soon. In my opinion if a veteran can afford it, getting both is in their best interest, but that is me.
  10. that you got one set of retro already is a big win. glad they did not tie it up longer with this remaining issue. hopefully it will go quickly an bring you in a few more ducats.
  11. I believe this is the form you want https://www.va.gov/decision-reviews/forms/supplemental-claim-20-0995.pdf
  12. in the event you get a negative opinion from the C&P Dr be prepared to attack their credentials in your Appeal. It is a legal thing. The VA presumes, and wants you and the courts to presume, that just because they assigned a Dr to do the C&P they are qualified under the Law. That presumption must be challenged at the lowest possible level so if and when you have to go to a Court, your lawyer can bring in that challenge then. I realize this sounds like planning for long term problems and it is. Arm yourself now with everything you can as you might need it later.
  13. tell the truth. don't exaggerate and don't MINIMIZE when asked about his day he should never say "doing good" or such statement. when asked about his condition, describe his WORST day not today, unless today is his worst day. read the DBQ and law for each condition he is claiming. He does not have to have every single thing for most conditions to get the highest ratings. Learn what the condition entails under the law. The VA law provides examples but in medicine there are many analogous conditions that the doctor or you may observe. remember never lie never exaggerate. A competent C&P examiner will catch you.
  14. yes and she can give competent lay testimony based on her observation that you stopped breathing during the night. That she was frightened about it and woke you up. that it happened often. more than one is good. Grandma over for christmas saying you died in your sleep is a good letter to add if you have it. Keep in mind snoring is not SA. The IME/IMO you get did not exist when you originally filed the claim. It cannot be probative in terms of direct observation or treatment. The IME/IMO should include a full DBQ and statement to the fact your entire service record was reviewed. Combined with Buddy Letters it would be allowed under the N&R statute, the question remains somewhat in flux if any particular rating team MUST accept it as N&R. You can make that case if you have too if they reject the IMO/IME. The different raters and VARO's can behave in disparate ways, so I am hesitant to say that out of the gate they will just accept the IMO/IME as N&R. I believe they should, just don't want to be nailed to the cross if some jackhole doesn't and you have to jump through more hoops.
  15. I will never use that phrase. There is no telling how the VA will respond to anything. The AMA process quirks up your options. We have had postings about VARO's rejecting attempts to reopen base on them being pre-AMA, which require another level of response and waiting. On the other hand adding in Buddy Letters you did not have then is by definition New and Relevant information that was not before the VA at that time the claim was reviewed. To get the earlier date the N&R info could do it, just be prepared that the VARO will possibly try and reject it as N&R and force you to make a new claim.
  16. while I agree, this is an SA claim. If some jackhole at VA thinks he should weight 160 lbs and he is 165 they will try and imply he is obese and therefore has a fat neck and then claim that is causing his snoring. Just because something pops up in the year right after service there has to be some in-service nexus. In this case maybe burn pits or chemical exposures? who knows. Getting whomever he roomed with / slept with then to say "I saw/heard him stop breathing" is really the strongest non-medical evidence he might be able to dig up on his own.
  17. so buddy letters are going to be your evidence. Find them. Old roommates, sleeping partners, camping friends etc. That and the IMO's you may chose to get from either or both of those doctors.
  18. in the MR21, the VA is supposed to rate a combination of Hearing Loss, Tinnitus and Vertigo as Meneirs Disease IF that rating is higher than the value of the individual ratings HL is typically 0, Tinnitus 10, that leaves Vertigo starting at around 30% typically. A menieres diagnosis per the VA, at the highest rate, requires you have the Drunk Walk and episodes of vertigo several times a week. Then it is 100%. The MR21, in relation to Meneire's, is silent on what causes your Vertigo, just that you have vertigo. What that means is that what is in the Law on Meneires are the only criteria for assigning a percentage. They cannot say " vets vertigo is from migraines so rate him for migraines not meneires". They can rate you for migraines separately but the vertigo SHOULD be coupled to your hearing and tinnitus stuff to combine for Meneire's...this is for ratings, not treatment.
  19. i am too and if it is the only in-service evidence he has, then he has a problem. based on what the OP has written here, his best bet is the IME/IMO route. We all know VA hates SA claims and find all sorts of reasons to deny..fat neck, didn't get a CPAP in service, etc. and we know most of that is B.S. We also know there has to be a in service evidence in almost every claim but presumptives. If he can document burn pits, etc then he might get it on presumptive coupled to in the first year after discharge requirement.
  20. One of the things I would be doing is getting not only the DBQ, but the Letter from the VA to the C&P about what to Look for. I would be challenging the Credentials of the Dr to offer that specialized knowledge. Most of the time ED exams DO NOT INCLUDE physical exams. So did yours? Did they do the ROM measurements and other stuff in the Law and DBQ to document their opinion? While the others are right, that every claim for an increase opens your entire record to review, that review has to be by a qualified Dr. and they must have gotten a specific request for that opinion. A Podiatrist cannot say "yep his foot hurts but his PTSD is cured" it would have no legal probative value.
  21. Congrats!!!! now make sure you save that phone number to your contacts list! same old geekysquid, not letting up on that issue. Breathe for a few days, treat yourself and your kids to something nice...not extravagant just nice. pay your bills. put aside some of that money. get your husband in to that in patient treatment. things are looking up... smile!
  22. here is part of your problem, as best as I can read that it said you are snoring MORE and were told to nasal decongestants. Snoring, or snoring more, is not by itself triggering factor for SA. Most of us with SA snore like freight trains. If that is the only in-service evidence you submitted, there is what they hung their hat on. This makes your CUE possibility some what limited but a well crafted CUE will smack them around for placing the rating persons opinion over the VA Dr's medical opinion. The good news is both those MD's can craft an IMO based on your record and research papers that do support your claims. If you have buddy letters from in service now is the time to add them.
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