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GBArmy

Moderator
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GBArmy last won the day on November 25

GBArmy had the most liked content!

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About GBArmy

  • Rank
    Moderator/HadIt.com Elder

Profile Information

  • Military Rank
    Sp5
  • Location
    Long Binh, Vietnam
  • Interests
    gardening, advocating for other veterans

Previous Fields

  • Service Connected Disability
    80%
  • Branch of Service
    Army

Recent Profile Visitors

2,738 profile views
  1. Totally get it. That would be a lot of beans! Can't blame you for going after what you think is your benefits.
  2. Buck Just spitballing here. I wonder if it is a CUE if the VA fail fails to apply smc's, based of course on your record? If it could be then I would just run it by CC&K or one of the big law firms and see what they say. I mean, you have it awarded as a seperate action way after and there isn't any threat to lose it or anything. It would be like new found money, so giving some up to a lawyer who helps you win isn't the worse thing in the world. I'd give it a try.
  3. More often than not, that's pretty good advise Hamslice. The VA has a process; to buck the process is not "usual" and therefore cause people to sometimes make poor decisions at the VA. If called for an exam, you go under almost every situation. Not to do so can cause issues out side their normal procedure. If the exam is not adequate, there is opportunity to appeal that. But if you don't go, you can have a really hard uphill battle and waste a lot of time justifying it, even though you may win in the end. Best course of action is usually to go with the flow and play by their rules. Admittedly,
  4. Lighthouse It may have been a good move, but you will never know. If the two exams resulted in favorable exams, you would have won. The favorable decision is the desired result here; you're not interested in receiving medical treatment. You just want to win. Maybe they would have, maybe not. Getting rescheduled to a VA examiner will certainly be a delay in your claim, but it also could result in a unfavorable result. You will find that out. I'm not dumping on you but some might say you took an option off the table. If the outside examiners gave a unfavorable, you could then have the option to
  5. Brokensoldier244th This might be a little old for you, but my kids heard yogi say 'Smarter than the average bear."
  6. Brokensoldier is spot on. This 180 days stuff scares away a lot of veterans. It just isn't true. She just has to prove out s-c, like everyone else. If she was md boarded out or discharged for the injury, it would be slam dunk. I got a friend get benefits (50%) for a disability that happened 50 years prior in basic. The problem is many people, including VSO's just repeat this 180 day thing without understanding the rule. If it happens in-service, you are service connected.
  7. Shrek Take the easy way out and just call Peggy. If she is wrong so what.You might get a good direction from her. Or, you could just try the dental or vision folks at your RO and see what they say the process is. You might also want to explore outside the VA for some of those benefits though.
  8. Buck I think you will find the criteria for HB or A&A on the dbq the doc fills out. see form 21-2680 https://www.vba.va.gov/pubs/forms/VBA-21-2680-ARE.pdf
  9. Buck Yes, I believe that is correct. The doc has to specifically say you are "housebound." As to whether it is A&A or housebound for type os SMC (s), that should be called out on your dsability rating sheet. If you don't have one get a VSO to look in VBMS and get a copy of it for you.
  10. Hi Harry59 You can find that in the VA m21-1 manual here https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015810/M21-1,-Part-III,-Subpart-iv,-Chapter-3,-Section-B---Scheduling-Examinations#2d. It is also based on 38cfr if you want the legal basis. If you are scheduled for a follow up exam, it should be noted as a comment on your decision letter as well as your Rating Code Sheet if it says you are "static." Static means no expectation of improvement, so a re-exam is not necessary. If you reach 55,
  11. elijahdoe How long have you been rated for MH? Do you attend ongoing treatment sessions with a MH professional? Is it with a private doc or with the VA? If it is with private, read and post in Ble Button so there are records of your on going treatment. If you don'y seek on going help, that is a serious issue. First, it is less likely you will be able to cope by yourself. Get help. Secondly, you will be receiving regular scheduled follow-up C&P exams to eval you status. If you don't have any records showing treatment, it is likely your disability will end up being reduced. Kinda like "The v
  12. GeorgiaBoy1982 Yes, it is likely a positive sign, but there is a major caution. An examiner or any type makes recommendations based on findings comparing your symptoms to rating criteria. If, for an increase in disability, are your symptoms worse. But they do not rate your claim; that is done by the rater, not a medical provider. It certainly isn't a bad sign for you though. As for EED, more than likely,you are going to get low-balled. It is just what the VA does. So expect it, and also expect that if the facts bare it out that you will have to appeal. If it is potentially a lot of back pay, c
  13. AtlMarine Is it a good sign or a bad sign? Neither. Did you look at a dbq before the exam and did the examiner cover the bases? That's it. If she did, then it was adequate. There really isn't a lot of checks to go thru. Get a copy of the C&P exam to find out the results. What I have done with quite a bit of success is at the end of the exam is ask the examiner if they believe that my disability is service-connected as a direct question. They can't answer if you ask if you will get a disability; don't to ask that. They might answer whether or not they are recommending s-c based on their fi
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