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MrStryker

Third Class Petty Officers
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About MrStryker

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  1. What section of the regulation covers basic training? I was surprised the DD214 shows honorable with a good conduct medal.
  2. My uncle was in basic training and was discharged for hearing back in 72. He received an honorable discharge according to his DD214. Would there be a claim based on the presumption of soundness? I haven't seen any of the entrance exams other than his DD214.
  3. Yes. But not out of the blue, you would be aware of what was going on.
  4. Actually the EED could be 1 year prior to the intent to file date/date claimed filed for increase, as long as there are medical records showing an increase was warranted. 38 CFR 3.400 - Disability Compensation - Earliest date as of which it is factually ascertainable based on all evidence of record that an increase in disability had occurred if a complete claim or intent to file a claim is received within 1 year from such date, otherwise, date of receipt of claim. When medical records indicate an increase in a disability, receipt of such medical records may be used to establish effective date(s) for retroactive benefits based on facts found of an increase in a disability only if a complete claim or intent to file a claim for an increase is received within 1 year of the date of the report of examination, hospitalization, or medical treatment. The provisions of this paragraph apply only when such reports relate to examination or treatment of a disability for which service-connection has previously been established
  5. My evidence wasn't even listed. That's what makes me mad.
  6. I did my exam last month with Dr. Ellis. No they will not do an IMO with only your records. For what he is charging get the plane ticket, get a one night hotel and fly home the next day. It's good money spent and worth the investment.
  7. I see two problems. 1. MST isn't a diagnosis.... The depression and anxiety are. As Broncovet stated, you need to get a Voc - Rehab counselor to specifically say that your anxiety and depression due not allow you to gain substantial gainful employment, due to your service connected anxiety/depression, then state why it hinders you from such. 2. EED - There was no appeal filed, so as you stated the decision is final. Once again if there is something in your service records that the VA did not have available, but should have, then you'll have a chance to get an EED. If the VA had all the documents that are relevant and an appeal wasn't filed you're more than likely not going to get an EED. Seek counsel, there are many lawyers. You could get an EED up to 1 year from the date you filed or intended to file for an increase if you're granted an increase and you have records dating back a year.
  8. My appeal was for an EED and sleep apnea. I'm guessing it would depend on the complexity and number of items appealed.
  9. If they send it in a timely manner. Under FOIA it's supposed to be 20 business days. With the privacy act it can be any amount of time.
  10. I moved my appeal into RAMP on Oct 29, 2018. The Decision letter was dated Jan 30, 2019. So roughly 90 days give or take.
  11. I used Chris Attig''s method, from the Veterans Law Blog, to request my C-file. It shows as a pending claim since September 29, 2018. I faxed a FOIA appeal in November and I emailed the OGC. I got a response back from the OGC stating the C FILE is exempt under FOIA exemption 6 and would be processed under the Privacy Act. Has anyone filed a lawsuit as instructed by Mr. Attig?
  12. I had to squint just to read your post. Do an online chat with the VA on ebenefits.
  13. I had my BDD 10 years ago so I'm not 100% certain this will apply to you. I gave my records to the VSO, which I'm sure you already did and did the C&P exam. I didn't submit the exit exam but I wasn't aware of the process at the time. A month after separation I was given my decision.
  14. Unless you were diagnosed with sleep apnea in the service you're going to have to do it as a secondary condition to an already service connected disability. Sleep apnea and insomnia are different. You'll need a doctor to say it's at least as likely as not or more likely than not caused by and or aggravated by your disability. Chris Attig has a great sleep apnea book on his veterans law blog website. You can get an attorney that will walk you through the appeal. I wouldn't deal with a VSO. Bite the bullet and pay the fee after you win your claim. Good luck.
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