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Senior Chief Petty Officer
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71M10 last won the day on January 4 2014

71M10 had the most liked content!

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About 71M10

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    E-8 Senior Chief Petty Officer

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  • Service Connected Disability
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  1. Greetings all: Haven't been on for almost a year. A lot has been going on and large doses of nuerotin are not conducive for effective analysis of VA-ola and remembering all the different facts and nuances necessary to argue with the bureaucrats. my 2008 NOD went to BVA last year and had my hearing last October(in DC represented myself). Decision made January 2015 a continued denial on EED for hypertension (SB talking with a lawyer next week...I know, tick tock) and a remand for SC for Kyphoscoliosis under 6842. They sent it to AMC so it will be a while. Bit irritated that the ALJ d
  2. The three different paths you have described make sense, the decision on what path to take will be determined by the actual medical statements in the record. Do you have affirmative nexus statements (from physicians) for the direct (2nd path) and secondary (third path)? I ask this because we often times see connections and because it is common sense think the VA will connect the dots. Your primary care physician saying something is possible doesn't do much for you. I don't think you will loose at the BVA but I suspect you will get a remand unless there is some medical opinion that beats
  3. FIRE THE VSO. There is NO reconsideration process at the RO level, it is a re-open with new and material evidence. From your time line information it is to late to NOD (decision became final 1 year after the decision date unless you already filed a NOD). Before you consider CUE, you need to know what evidence is in the file, request a complete copy of the c-file (to include all digital records) or request records added since your last copy request was fulfilled. If your RO is relatively close you could also ask for an appointment to review your file. You would probably only have CUE if th
  4. So you must have someone almost constantly helping you, you drive yourself to therapy with a constant pain level on 9-10? Don't accuse others of gaming or lying when you have some obvious inconsistancies of your own! Your telling Navy wife that she should send it all in and not set on it, she has sent it all in. If you actually read what she said, you would understand she was not sitting on IMO's but had doctors lined up to do them, IF the VA doctors started playing fast and loose with the facts. Would you recommend a person with a TBI (and in this instance I believe it is causing
  5. RUREADY, Do you really want to have this conversation? If you are TRULY are in 9-10 level PAIN ALL THE TIME you wouldn't be able to type a coherant message. Sure looks like we have someone exagerating. If you are in 9-10 level pain all the time you wouldn't even be able to eat effectively. Before you cast stones at others, you better take a good look at yourself, 9-10 level pain constantly, but can compose e-mails and communicate effectivey, sure looks like a fraud to me! Its people that exagerate their pain levels that really screw over vets who honestly try to assess their le
  6. A quote like "Make sure he does not shower, were Cologne or do his hair, if he has any, LOL!" sure looks like an attempt to game except for the LOL, which would appear to replace the eye wink in face to face communication. As for having a plan, having a plan isn't gaming the system. Knowing what you are going to do if the VA trys to cheat you is just smart! I personally wouldn't suggest the written note of symptoms and such, but I also realize since I do not, I will forget to discuss things at the doctors appointments. Having to write it down could be used as a peice of evidence to s
  7. I don't see how this messes up your claim for IU, since the doctor clearly indicates you are unable to work and goes on to describe why. Granted this C&P won't support P&T but I guess I am not seeing an ovious reduction here, but I have not closely looked at the rating criteria for Migraines.
  8. Every little bit of information helps! Good thing the Secretary is doing everything he can to break the backlog! I think you will be glad that your appeal was filled well before the tidal wave of appeals from FDC and Provisional claims hit the BVA.
  9. Thanks for the confirming information (I thought it would be a letter from BVA). Received the letter from RO yesterday!
  10. Yes, you have attached the rules on reopening with new and material evidence(some of them referencing the BVA not RO level). The one reference to "reconsider" is a directed action (nothing you can request) in the instance that additional service records are received. I am not saying that asking for a reconsideration is going to stop your claim in its tracks. It will generally be worked as a re-open with new and material evidence. The point I am trying to make is, when you ask for something the VA doesn't have to give you(or cant). you grant the VA discretion to decide what it is tha
  11. Greetings all: My 2008 decision that went through DRO, generated a SOC, and timely filed Form 9 in 2009, has finally left Detroit Rock City and is on its way to the BVA! This is my first trip to the BVA, will I get a seperate letter with docket number from the Board or will that come in a second letter from my RO? Looks like it is time to organize the 4.5 years of correspondence into indexed information. I have asked for a hearing in DC. So a future road trip is on the agneda and I may even go eat some of that Maryland Crab at Jims Hideway in Odenton (if it is still standing).
  12. I will say it again, THERE IS NO RECONSIDERATION REQUEST AT THE REGIONAL OFFICE LEVEL. If you ask for a reconsideration of a regional office decision you are technically asking for a process that is not supported in law or regulation. Typically when people have asked for a reconsideration (that they have no legal basis for access to), the regional offices have worked them as a request to reopen with new and material evidence(which is not a reconsideration). When a Service Officer tells you he is filing a reconsideration request at the regional office, this tells you he really doesn't u
  13. What does deportations have to do with granting mass amnesty that there is not a legal basis for, while the VA Secretary refuses to use the entire authority of his office to fix the backlog? This thread is getting to political and I am partially to blame for that, but I took the bait on "we are considered welfare recipients by uber-Conservatives that continue salivating to cut the VA budget" which is a straw man argument. Brokensoldier were going to have to agree to disagree on this. Best regards,
  14. I said it before and I will say it again, an AD campaign needs to be established, not to raise money like Wounded Warrior Project but to get the majority of citizens to demand change. Example: Voice over, Pictures of combat and wounded soldiers "SSG Shick fought the Taliban in Afganistan for 2 years 5 months before an IED took his leg and an eye, He waited for the VA to process his appeal for 4.5 years, on December 24th XXXX, he couldn't wait any longer. He lost his leg, his house, his eye and couldn't even feed his family. He blew his brains out with a pistol, at least now his fam
  15. All Veterans benefits need to be recognized as an irrefutable OBLIGATION of the United States Government, I consider that a higher level than entitlement. So long as we are considered welfare recepients by ANY group we will continue to be treated with less than the full respect deserved. It can be argued that the VA is not understaffed and overworked. MANAGEMENT(administrative branch) has not adapted to the current realities and the Board of Directors (congress) hasn't updated the long range plan. Why is it the current administration can demand BP pay damadge claims during the gu
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