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Scottish_Knight

Second Class Petty Officers
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  • Service Connected Disability
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  1. Good morning @Berta, thank you for the input. Perhaps, the lack of BVA rulings on CUEs could be that they were correctly administered or adjudicated at the RO level and never needed presentation at the BVA level? Just a wee thought. As you read and are fully aware, I'm arguing on the mental health matter. What gets me is the phrase, 'When possible, this should include complete neurological and psychiatric examination...' This leaves it open. It's not mandated and need be so. In 1996, CID digitised all forms into their internal computer system. One form, the rights waiver, had a massive error pertaining to civilians. It stated to the effect of 'If a lawyer is request one may be appointed to you. The old physical form stated that one (lawyer) will be appointed. A huge different meaning between those words. I was responsible for finding the error and having the digitised form purged and redone. That was a legal mistake. Can't help but wonder if this is perhaps a similarity. For me to have undergone a psychiatric exam in 2009 was fully possible. I didn't slip on ice and break an arm, I was shot in the line of duty. One might conclude that this had an adverse effect on me. Few can easily admit to having mental issues. Obviously the psychiatrist I spoke with in March of this year clearly recognised it. I'm awaiting my C-File. When it arrives, I'll review it and make changes to my CUE claim. But send it up I will.
  2. CUE II is drafted. Again, a draft. It needs some editing. My concern is it seems weak. I am open to input, critiques, thoughts... etc. Thanks in advance. CUE draft.doc
  3. Broncovet, this is nice information to read and I do appreciate your words of concern. Most of this I know already. No offence. What I am trying to determine is. Will Tricare drop me as I would no longer be a US citizen? Will the VA no longer pay my disability or would DFAS no longer pay retirement? My reasons for serving the US? I was born there. When CID came knocking on my door during my third year at uni, I was told I would need to relinquish my British Passport (dual citizen). As I said, I feel loyalty to the US and always will. Just as I do for the UK. I was asked to serve, thought on it and decided to. Easy. The US Government sent me to Germany in 1988. Think on this: I registered to vote in 1983 whilst in uni and using that address - my last US address. I have been trying to re-register ever since, but I cannot use the uni address. My situation is a right mess and I know that. I'm a square peg trying for a round hole. I just worry that should I decide to give it up, what payments and insurance would I loose?
  4. Buck, I'm hoping the best for your lass. I do hope she pulls through. Thank you for sharing this Berta.
  5. The last time I was in the US, was 12 years ago. To be honest, nothing proves difficult here. I say that BroncoVet, but it could also be where I live. Other countries could pose more difficult. C&P exams are not difficult at all here. I've traveled to Augsburg twice (hour by train) and Stuttgart once (about 1:45 by train). Due to the Euro / Dollar exchange rate presently, the dollar is slightly weaker. Due to not having lived in the US for anything longer than about 2, four-year stints, nothing is difficult or impossible. Just seems counter-intuitive to keep a passport for a country I haven't lived in for 33 years and never will.
  6. CUE part II. Last night I slept like rubbish or didn't sleep would be more correct. So, I sat and read through all three decision ratings and read parts of CFR 38. I'm going to do another. §4.42 shall be the basis for this. The physician and VA really did a right mess on me in 2009. I should have been given a mental health exam back then and was not which is direct violation of §4.42. The VA admitted that the physician failed to perform or report various pieces of medical information on me from 2009. There is one portion I need some assistance with. I am hoping one of you might have some insight. This involves my leg. Reminder: There is a rod inside the left femur. Been there since 2001, surgery from the incident. It is near on the length of my femur - just above the knee and just below the hip joint. It is was initially held in place by two lower and two upper screws. One of the upper screws was broken and subsequently removed in 2017. One of the lower screws is also broken, but not causing any issue or discomfort. To the layman and various online medical dictionaries, this is considered a prosthetic. Not to the VA. In reading through their glossary, a Prosthetic is considered a replacement foot, leg, eye, hand, etc. An Orthotic Device is external, i.e., a leg brace. There is nothing orthopedic-wise that I can find pertaining to an appliance inside the body. CFR 38 does a proper job defining various types of broken bones and what constitutes various levels of breakage. But to have a break so bad, a bullet / projectile / missile destroyed it and need be held in place by equipment from the local DIY store (Lowes!) deserves more than a 0% SC. In order to include that in my CUE I would need to cite something. Do any of you highly knowledge folk know of something that might cover this? This is the one portion of my CUE plan of action that I simply cannot find. Thanks in advance.
  7. Right then, to get a wee personal here... I was born in the US, but never really lived there. I lived in Scotland from age 4 until I went off to uni at 18. I attended Southwest Texas State, which is now called Texas State. I joined CID after I graduated and was posted in Germany from 1998 through 2009, when I retired. I've been here 33 years. Long time. I have been giving it thought over the years. I'm 57 and will most like die here. I have no family in the US and my children live here as well. I could easily contact the VA, DFAS, Tricare, etc., to understand what happens if I became German. I would need to inquire in written from to have the proper responses written. But once that door's been opened, there is no turning back. So, to ask the hive mind: Does anyone have knowledge in this? Would I loose my benefits? I believe I would be able to keep my retire pay, but VA and Tricare? I don't know. Reasons: Well, they are many. I have to file two income tax returns each year and the US Government gets to take a portion. I live here and cannot vote. There are certain things I cannot do so long as I remain a US citizen. I am definitely not anti-US, so please do not go there. I had a grand job for 21 years and enjoyed not only serving the US but the friends I made. Although I feel loyalty to Scotland and the UK, I am and will remain loyal to the US. Shite, to a degree I owe a wee loyalty to Germany as well. Through former colleagues, I do know that I would be placed on a watch list by the FBI. The US Government does not like their citizens to leave. Looking forward to responses. Cheers!
  8. I can tolerate fighting the VA over my disability. I can tolerate arguing with the VA over hospitalization entitlements. This matter detailed in the attached article, is intolerable. Heads should be placed in pikes at the city gates and jobs lost over this. This is absolutely inexcusable.
  9. Thanks for the response. FITW: Federal Income Tax Withholding. DFAS took 30% out of the disability retropay as FITW. This was not for an agent.
  10. Good morning, I'm looking for an answer to a question I cannot find through google. The VA or actually DFAS has made a retro payment to me. I was under the assumption that disability pay was not taxed. The VA shows a total retro payment of say, $10. DFAS shows they paid me $5, but pulled $2 out for FITW, so I was paid $3. Obviously the amounts are higher and the amount deducted for FITW was massive (almost 30%!) and I expect the same will occur in the second and third payments. Is disability pay and / or retropay subject to FITW? Looking forward to the responses.
  11. Right then, I sent an email on the Friday last to the two Berta mentioned above. No response came from them. Yesterday though, I was contacted by a lad from the VA 'Jeffrey'. Seems my email was passed along to him. We had a 30min conversation. Jeffrey was undeniably patient and helpful! He too is a disabled vet, which helps. He explained the withholding, which for me alone was worth it's weight in gold. Jeffrey was the one who handled my claims (makes sense why this was passed to him). I wanted him to explain this odd amount DFAS paid me ($1458), which he attempted to. He continued to reference the 'can't receive disability and retire pay simultaneously' speech. Once I beat the drum on CRDP and that between 2009 and 2020 I should have been 50% and not 20% due to the acknowledgment of my CUE claim, one could hear the lid fitting wee jar. He understood. He then did the calculations and agreed that the $1458 was completely off. It should be more. Much more. He will contact DFAS and get back to me in a few days time. I was very much appreciative of his time and assistance. He could not have been more friendly. He also stated to me several times that he is aware how frustrating and unfair the VA are. I won't go into all his examples, but he assured me that there are numerous disabled vets working for the VA and they full well understand what we go through and raise their voices when the opportunity presents itself. Sadly, it does FA. A group of disabled vets arguing with life-long bureaucrats does little. Cheers!
  12. I had three claims this year, although not supplementals. Two in February and one in May. These were adjudicated on 12 August. Off and on I would ring the VA (the 2411 #) to understand various things posted on the VA and Ebenefits websites. I would fain stupidity, which was well received and they were quite helpful in updating me on the phone. I recommend ringing the VA. I cannot say about ringing Peggy directly (the 827-1000 #) as I am unable to call that from Germany. But give them a ring and ask your questions.
  13. Aye, Peggy..... I have to ring the 2411 number. The normal Peggy line cuts me off each time I've rung over the past year. Which VARO? Well, 2009 was Pittsburgh. For 2020 and 2021, the DR doesn't actually state. The eBennies site also indicate Pittsburgh for overseas. So.... Thank you Berta!
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