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JKWilliamsSr last won the day on February 15 2019

JKWilliamsSr had the most liked content!

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69 Excellent


About JKWilliamsSr

  • Rank
    E-5 Petty Officer 2nd Class

Profile Information

  • Military Rank
  • Location
    Houston, Tx

Previous Fields

  • Service Connected Disability
  • Branch of Service

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  1. I hired an attorney to handle my appeal based on the fact that the VA has just about ignored every piece of evidence I submitted. I used the Ellis Clinic for an IME and after consulting with my attorney he felt there are some things that Dr. Ellis missed when writing the IME. He stated the IME was very good and fantastic when it comes to the rating I should get but the VA tends to want specific jargon and if they do the search on the document and don't see it (or ignore it) the claim gets denied. I am using this attorney based on the recommendation from fellow vet who used them. He wa
  2. If you are going to have to go to the VA Court for Veteran Appeals I heard CCK (Chisolm, Chisolm and Kirpatrick) is one of the best at this level.
  3. There is no chance in hell that I am giving up. This is all about VA incompetence so I am going to hire an attorney and go directly to the BVA. I have never had an adequate C&P exam done by a VA examiner. They were all very short and IMO do not follow all the required rules. You should see my DBQ's....they are a complete joke. I have had two C&P exams done LHI(outside the VA) and while they go through all the steps in the exam I think they are just denial factories. I have not seen those DBQ's because they are not uploaded like VA examiners but I am sure they are a joke. Ca
  4. I can assure you that I did all of this and then some. My claim was idiot proof but my problem was the idiot king was the rater. It is impossible to have a claim approved if the people do not even look at the evidence submitted.
  5. I knew Obesity could not be claimed as a disability and I spelled it out for the rater but they chose to ignore anything I submitted. My contention was that due to my service connected disabilities I was unable to exercise that led to my weight gain. I was claiming my obesity as an intermediate step to other disabilities. I even submitted the VAOPGCPREC1-2017 document that spell this out. In all of my decision letters my none of my favorable evidence is mentioned. So I am going to go straight to the BVA and stop messing with this nonsense.
  6. I keep shaking my head on this one. It is clear that the rater only looked for reasons to deny my claim. I have 4 decisions letters from October 2019 to May 2020. They are for my normal claim through ebenefits. A supplemental claim for previously denied claims and an HLR that was filed based on the denial from the October 2019 letter. In all of the decisions letters the rater does not mention a single piece of favorable evidence that I submitted. I am reaching out to an attorney as we speak. The reason is for I believe I am going to be owed back pay from a 2002 and 2009 claims wh
  7. Yes I did. From a board certified MD and they a Nurse Practioner more weight.
  8. Just when I thought I heard it all I get my final denial letter and It is so stupid I find it funny. It is just further proof that raters will look for anything to deny a veteran. In this instance I attempted to tie my obesity to my service connected disabilities which led to other issues. Here are my ratings (for now) 10% left knee (increase denied will appeal) 10% right knee (increase denied will appeal) 10% Bilateral Pes Planus (will appeal I should be at a minimum 50% they did not adjudicate my Plantar Fasciitis either) 30% Asthma My contention is that as my disabilitie
  9. One of the powerful things about this decision is that it forces the VA to verify credibility. While the presumption of regularity was not completely removed it still forced the VA to say why they found the examiner credible. To add to that if you submit your own medical evidence it will make it harder for them to ignore your evidence. Most C&P examiners are NP's or PA's
  10. I honestly believe the supplemental claim lane is meant the screw veterans over. In the past you were able to reopen previously denied claims if you had additional evidence and could start it off with an intent to file. Now you can no longer do that. In order to reopen a claim that was previously denied you would have to file a supplemental claim if you were not in the appeal period. Now with that said your comments make sense and I believe you are correct with the supplemental claim being the next step in the appeal process if your HLR was denied. Since he filed it after the denial
  11. If I am reading this correctly you had your final denial in July 2019. The question is if you appealed that decision or not because that is going to be key here. If you did not appeal that decision but instead filed a new supplemental claim they effective date is going to be the date the supplemental claim was filed.
  12. UPDATE: So there is more confusion for my claim I guess. My HLR was closed last week and since there was has not been any updates my rating in Ebenefits my assumption is everything was denied. Everything listed that I do not have a rating for states it is "Not Service Connected". So I am sure you can imagine my surprise when I got notified today via email and text message that I have an appointment next week for a C&P exam with LHI for my diabetes claim. I double checked ebenefits and the claim shows as not service connected and not deferred and on top of that the HLR was c
  13. That is the thing. They did send me a letter but I already realized my mistake and had my supplemental claim filed. When I saw that they did not add a good number of the claims for reopening I found out that supplemental claims could only be mailed in or faxed. So what I did was took the missing disabilities and filed them as supplemental. The thing is I believe that they still did some of the things incorrectly. Now some of my new claims were secondary claims to previous denied disabilities. So instead of removing them they should have deferred them until my supplemental claim was com
  14. Does anyone know if you can hire an attorney to take over your pending Higher Level Review? Here is my situation. My supplemental claim is complete (2/27) and I just got my letter for that. I want to hire an attorney to handle that for me. I also have pending Higher Level Review from my earlier decision (October 16th) I was wondering if I get an attorney to appeal my supplemental claim can I also get them to take on my HLR of should I wait for the HLR to be completed?
  15. It appears that they only adjudicated claims that were previously denied and that does not make any sense. Initially I filed everything under Ebenefits including all the reopens. When the site updated the left a bunch of my claims off and that was when I realized that they had to be filed as a supplemental because of the new AMA rules. So what I did was took all the claims that they removed from the Ebenefits claim and filed them under the supplemental claim. In any case they can't ignore the claim. They have to adjudicate it in some way even if it is a flat denial. The first thin
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