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GBArmy last won the day on October 4

GBArmy had the most liked content!


About GBArmy

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

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  • Service Connected Disability
  • Branch of Service

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Community Answers

  1. Not a problem Pacmanx1. Sometimes these threads do get a little long in the tooth.
  2. Rattler767 I'm not sure about what happened to the post, but the first part was in reference to statement in support of the claim. Use it for any new claim or supplemental claim you submit.
  3. s well as any supplemental claim. Can't use it for HLR or BVA direct lane, but if you have the option, use it. I don'y know if you need to submit 23 additional letters, but review them and if they actually support you claim regarding symptoms and for diagnosis, go ahead and submit. Once they are in your claim, you can at least call the evidence up during the C&P and ask if the examiner has read it. If he says no, that can be used in your appeal. Not a whole lot you can do to move the case along regarding remands, but keep calling "Peggy" every week or two to see where it's at. The run around you are getting on your MH eval sure smells to me like you are being set-up for a low-ball rating at the least and maybe a denial. So get any strong evidence you have in if it is not there already. If your case is strong, then if you get a low-ball or denial don't mess around with a HLR. Most of the time they aren't going to make a favorable decision for you if you have been denied. Remember, with a HLR you can't submit new evidence. Go direct lane to BVA. Review 38CFR 4.6 Evaluation of evidence. It basically says that the decision has to be made using all the evidence. This is a very powerful law that the BVA will adhere to.
  4. Lavish. CPAP machines by Phillips have had a major re-call; very small plastic particles get into the air flow. So, the VA is in a bind because they don't have enough CPAP machines to replace the defective ones and keep up with new veterans qualifying for a machine. There is going to be a shortage for a while. The good news is not all of the ones issued by the VA are made by Phillips so everyone's doesn't have to be replaced.
  5. Did you do what we told you to do? Did you use a VSO so they can look into the system for some idea of what's going on? Did you call "Peggy" at 800-827-1000?
  6. Danny grip Welcome to Hadit. Best thing to do is is to copy the part you are questioning and submit it on this thread so we can see the wording. Be sure to redact any of your personal info like name, etc. before you do.
  7. Lavish I don't know the difference between the two either, but it's part of the VA's process, and I don' think you want to address it at this point. The new exam may be a ACE exam where the reviewer needs clarification from the examiner and the answer is likely to be already in your medical records. VES should be contacting you on when it will be and probably tell you to stand by in case the examiner needs a verbal response from you. Often they don't. Let the process unwind and then go from there IMHO.
  8. Sorry brother; if I were you I wouldn't be buying any lottery tickets anytime soon! You got to re-group and figure out your next step. I don't know if you have it already, but I would get a new dbq from an ortho specialist that documents the severity of your symptoms. Look up the diagnostic code they used and see if you in all honesty meet the next level, say 20 or 30%. If yes, resubmit a supplemental claim. In addition, do you have other issues SECONDARY to the knees. like back or foot problems, stomach problems from pain meds, maybe MH issues because of lack of mobility and/or constant pain? I'd consider those types of actions as well. Get the data into your medical records with or before the submittal of the claim, and, be sure to add a new, strong Statement in support of your claim that talks about how it affects your daily life. Once you get a denial, you really need to be sure you address what the reason for denial of the higher rating is. If your specialist can refute what the examiner said, even better. Get cracken'; you can win this rating increase.
  9. It would only be speculation if we tried to figure what's going on. If you have a VSO, they can look in VBMS and see more of what's happening. You could call "Peggy" at 800-827-1000 and see if they can shed any light, but not likely. If they sent a letter, ask the date of the letter and call back in 10 business days and get a copy emailed to you. Sorry, but that's the VA process.
  10. Hi Oddball Welcome to Hadit. If it was documented on your records, get a copy of them, including confirmation of your "light duty'. BY all means get treatment and PT. Ask the doc if this current condition is a result of 10 your existing s-c back conditions or, 2) an aggravation of a pre-existing condition. Based, get it in your process notes. Then get an IMO from a specialist.; you are not a doctor so don't self diagnose. Aggravation is hard for the VA to dis-prove sometimes.
  11. Hiram32nd Yes, CT would be considered presumptive assuming you met all the criteria which would include diagnosis within one year od discharge . Usual rate is 10%.
  12. Hi Curious Vet, welcome to Hadit. No response from the poster. Ask your own question,as every situation is different because the facts are different.
  13. creek chub I think that by the book, the examiner is not supposed to accept any info from you at the exam that isn't already submitted. That said, that doesn't mean that they never do either. I had one accept some med articles I had. What I would suggest is wait for the decision. If the examiner believes you, if you are denied, the examiner may state the reason for denial which could very well be resolved if you submit the new evidence on a supplemental claim. I had an examiner do that for me on another disability. If you had med records that showed the head trauma event, he may recommend service-connection anyhow. It really depends on the examiner. But if denied, re-submit along with a statement in support of the claim about the event in question, along with any str's, etc. You may get one or both disabilities based on other evidence. I'd just wait for the decision letter, and go from there.
  14. Hi Owen99 Welcome to Hadit. If you are in the direct lane, they are saying 365 days. Much longer if you are in the other two lanes. Of course, if you meet the criteria for advancing in the docket,say for threat of homelessness or 75 years old, it can get moved up quite a bit. I had mine done recently start to finish in under 2 months.
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