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Everything posted by Wanderer
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My cognitive problems will not allow me to do this solo. Where should I look for competent attorneys who do not charge too high of a contingency fee? I aim to get compensated from the date of my first disability claim denial 24 years ago. Thanks in advance.
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What is the advantage of being rated 100% schedular versus TDIU ?
Wanderer replied to Wanderer's question in VA Disability Claims Research
Thank you all for the input. Very helpful. -
Total And Permanent Service Connected Disability Additional Benefits
Wanderer replied to Tbird's question in VA Disability Claims Research
I've demanded twice a reason for denial of service. I am entitled, I checked and his refusal to provide my entitlement and explain why, so perhaps I could fix the issue, is abuse of power. So, I am about to complain officially and demand a permanent reprimand be added to his civil service record. I may go to my US Senator who has intervened twice for me already. He is probably abusing most veterans who come through his care in that office. I want an investigation of every entitled veteran that clinic has denied in the same manner as me the post four years. -
Total And Permanent Service Connected Disability Additional Benefits
Wanderer replied to Tbird's question in VA Disability Claims Research
I've demanded twice a reason for denial of service. I am entitled, I checked and his refusal to provide my entitlement and explain why, so perhaps I could fix the issue, is abuse of power. So, I am about to complain officially and demand a permanent reprimand be added to his civil service record. I may go to my US Senator who has intervened twice for me already. He is probably abusing most veterans who come through his care in that office. I want an investigation of every entitled veteran that clinic has denied in the same manner as me the post four years. -
Total And Permanent Service Connected Disability Additional Benefits
Wanderer replied to Tbird's question in VA Disability Claims Research
What's the WH hotline about? -
Total And Permanent Service Connected Disability Additional Benefits
Wanderer replied to Tbird's question in VA Disability Claims Research
Right, but what do the different tiers indicate? I figured it was how much dental coverage one could get. Is there a way I can push back and try to get dental implants? I once had a Community Care referral approved for dental implants but the final decision to do it is still made by the same dentists who denied implants to me. Are there any VA regulations or something I can research that covers dental benefits? -
Total And Permanent Service Connected Disability Additional Benefits
Wanderer replied to Tbird's question in VA Disability Claims Research
Are VA dental benefits any good? I am class IV (100% TDIU P&T) and my local VA Dental denied me dental implants. They want to pull all my teeth but one and give me dentures. Is that legit? Can I appeal? -
Does TDIU get pulled once I reach the age of 67?
Wanderer posted a question in TDIU Unemployability Claims
A fella claiming to be knowledgeable said I will lose my TDIU which is P&T at age 67 because that's retirement age. I think he's full of BS. Has anyone heard this before? -
I am submitting a supplemental claim using form 20-0995 and cannot use their new document upload feature on VA dot gov due to a website failure. I don't want to trust regular US mail and my regional office is hundreds of miles away. Will certified mail work if I don't have an individual person's name to mail it to? Are there any other drawbacks or alternatives? Thank in advance.
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Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
This is brilliant, pacman1x. Thank you. For reopening the claim, should I employ a DAV group, or is it easy enough to do on my own? Someone on this forum, I think, said because back pay's so large (I read somewhere that the VA usually assigns 70% sc disability for this diagnosis- it's either nothing, 70% or 100% if one can't keep out of psychiatric hospitals as I understand it) it must go before a judge. And yes, I see how Clemons may addresses the issue of the inpatient doctors misdiagnosing my bipolar symptoms... Edit: Ahh, Form 20-0995, perhaps. -
Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
Apparently, the VA official did not look for my inpatient records that recorded evidence of bipolar disorder, or the warehouse fire that destroyed the records may have prevented it from being added to the file by 1997. How can I tell when C file documents were actually added to personnel C file? Because if they did not possess the inpatient records then they are new evidence as far as 1997 decision is concerned. I'll examine the .pdf to see if there's some sort of date stamp. I want to file a request to reopen my case this week under 38 CFR 3.156 and make the argument about A) They misdiagnosed during active duty B) My inpatient psychiatric records are new evidence or was not examined for the 1997 decision and C) bipolar symptoms were observed during active duty, therefore my 1997 claim for bipolar must be honored. What are you thoughts on this plan? -
Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
I desire to reopen my claim and request an EED due to the bipolar symptoms recorded during my inpatient stay. This statement here is the crux of the VA's error on page 2: "The DVA development letter sent to the veteran 6-18-97 requested the veteran submit evidence in support of his claim to include medical proof of BiPolar and attention deficit disorder (s), evidence of service incurrence, and evidence of treatment for the claimed conditions from service to present. There is no evidence of response." I remember they had problems finding my inpatient records that provide much of the above information requested. I had heard that military hospital had closed by then and the inpatient records sent to a government warehouse which had burnt down, so I had no way of obtaining them. That may be an issue here. But the fact remains, we have a copy of said inpatient records now which clearly show bipolar symptoms during active duty. The record of treatment from service to present has already been satisfied. They include tons of my outpatient VA healthcare notes since around 1996 when they started treating my bipolar. This is open and shut, yes? -
Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
I'm going to reopen the claim for an EED. They clearly missed the bipolar symptoms from my hospitalization records. Edit: pacmanx1, are these the docs you referred to? -
Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
I have to put this on hold until my overdue ADHD medication arrives. I can't focus without it. -
Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
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Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
I shall search for it. -
Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
I numbered them that way in a rush mainly to allow us to discuss each page. Didn't think to put them in chronological order. I apologize for the disorganization. ** So, this would be the crux of my argument, then. They totally missed seeing bipolar symptoms in 1997. They didn't even look. My life would have been so different. . . -
Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
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Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
I'll check it out tomorrow. Thanks. -
Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
I cannot find an attachment button so I can attach 7 documents. -
Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
I will attach seven pages of my decision letters and the letters referencing evidence they sought. From the C file of mine I found this. (I was active duty from February 1980 to December 1983). My November 2018 C&P exam states that Medical History of 12/12/83 shows complaints of frequent trouble sleeping (Insomnia is used by VA to determine bipolar) and depression or excessive worry (bipolar symptoms)... Psychiatric consultation sheet of 07/08/83 requested inpatient evaluation due to reports of repeated troublesome behavior, with behavioral problems described as increasing following the recent birth of Veteran's son. (sleep deprivation triggers mania and hypomania- features of bipolar. I never wanted my son to know his birth triggered my demise). STR Drug Abuse Screening (no legible date) notes a family history of alcohol abuse and recent "errors in judgment" (lapse of judgment is a bipolar symptom ) with increasing irresponsibility noted in the document. Mental status exam describes Veteran as being "overactive", with pressured speech (bipolar symptom) and preocupation with sexual matters (bipolar symptom). Service medical records show the veteran was in fact hospitalized for depression( bipolar symptom). I recall the examiner at the end stating to me, "I'm going to tell the VA your bipolar started during active duty service." -
Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
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Finally received my C file.
Wanderer replied to Wanderer's question in CUE Clear and Unmistakable Error
Here is the 1997 decision letter. I also have one from 2003. Now, to bring up a related topic, I can swear I applied before 1997 and was denied but they show no evidence of that in the C file. Not sure what to do about that. The path forward I see, at this point, is to reopen my claim as suggested here and seek an EED. I'm starting this week and hope to submit the paperwork within 4 weeks.