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GBArmy

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Posts posted by GBArmy

  1. AJAXB37 To win a disability claim you need 1)a current diagnosis, 2) an event or illness in the service and 3)a connection, or nexus linking the two. You didn't post the denial decision, but I assume that the VA denied as not being service-connected. In other words, his evidence did not show that he was exposed to the chemicals and that they caused the disability. You need to establish that he was exposed. You also need to have a medical opinion, or nexus, connected that exposure to his current condition. Assuming you can prove by a buddy statement that he was exposed way back when, you still need to get a doc's opinion that it could cause his disabilities now. Start researching a doctor that can give you what you need.

  2. Coffee123 Welcome to Hadit. Without seeing the VA decision letter, there is just no way we can know what's going on. It should show up in the mail in a week or so and until you get it in hand, you just have to wait on any new action. When you get it, redact your name and other personal info and post it to this posting so we can advise.

     

     

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  3. A always, the advice we give is based on our own personal opinions. Many of us have had several C&P exams and the results have varied from what we were expecting. I had one (psych) exam and the doc said "I have expressed my opinion on your condition but you must remember, I am not the one who rates you." Big caution light goes up, man, they're going to rate me 0%, maybe 10% max. Wrong. I received a 30% rating. Another time I thought I aced it. Nope, not s-c. I really don't think you can guess right on outcomes because of the individual situations we find ourselves in. I will say that I have had some examiners say if my condition was considered s-c or not if when I asked at the end of the exam. As for whether they are employed by the VA, yes it is difficult if you are taking the exam at the VA facility. But nowadays, the majority of exams are  at a contractor's place, so it doesn't come up as often as it used to. And I would add, I am always polite. Yup, had some losers too, but the examiner is the one typing out the dbq; why poke the bear. If it is a bad exam, start complaining as soon as you can get to a phone and start the process. But just because the examiner has a personality of a fish doesn't mean he or she doesn't know what they are doing.

  4. Jfrei You're spot on. 0% means you are service connected for hearing. If or when you need hearing aides, you are covered. I understand if the tinnitus is really bad, you can get some ha that will "cancel" out some of the background noise. I never checked it out. Give it 2-3 years and if your hearing is worse, file for an increase. They aren't going to take away s-c for a disability rated at 0%. Not much to lose. If your hearing is bad enough, you may get the bump to 10% on the rebound.

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  5. ASU_0331 It does sound favorable, but you never know how that translates  to exam notes. And, of course she makes the observations, but the VA rater makes the decision.  But I agree it does seem favorable. I've had some really bad examiners and some really good ones. Some have the attitude that they will just pick out the obvious stuff and then some do a little digging because they feel you should receive a fair shake. Hopefully you got the latter. Best of luck on the results. And pay attention to your body as these foot and extremity disabilities can lead to others as secondaries.

  6. As we say often, each claim is different. But I have seen almost every time is if the veteran is service connected and rated for hearing, even if it is at 0% , he or she will most likely receive a separate rating (10%) for tinnitus. They are two separate disabilities, and are therefore rated separately. If you submit a statement in support of the claim in support of the disability, you should be good to go IMHO.

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  7. Send registered mail, return receipt requested to:

    VA Evidenece Intake Center PO Box 4444, Janesville, Wi. 53547-4444

    You can fax to: 844-531-7818. I would have a cover sheet with what you are submitting. the number of pages, etc. with your name and claim number on every page and number the pages so they don't get "misfiled."

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  8. I understand you have high anxiety; you can't avoid it. But I think you are not listening to what I'm saying. Yes, I do feel your case has merit. BUT, what I think really doesn't matter. Nor, does someone else's "similar" case matter Your claim will be decided on its stand alone facts and that's it. Let it play out and in the meantime try to do other things instead of worrying yourself sick. Let the process play out. Like I said, hang in there.

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  9. FMFCorpsmen I am truly sorry for your experience. It is important to focus on your own situation; anyone else's experiences may not really fit your situation because of course everyone is different. All I can offer is this: trust that the system will prove out. Eventually. Maybe you will have to appeal, or maybe, you will get your rightful decision right away. But, the key is, if you keep fighting, and you have the evidence for your claim, you will win. You may need a lawyer, but if you keep at it, you will get what you deserve. So don't give in if you don't win. Get a lawyer that is really familiar with the VA hamster wheel. Get a copy of your c-file. Just keep it going, be sure to comply with continuation appeal deadlines, and and you'll get there. Hang in there!

  10. Turks . Welcome to Hadit. Don't know. You asked "is it possible that the VA has messed up?" Yup; we're talking about the VA here. I would just call Peggy, 800-827-100, and tell the rep what's going on. You can ask for an audit, but really, you need to get your decision letter to understand what their position is currently.  But you are on the right path though. If they overpay, they will eventually come after you. If you're pretty certain, set aside the extra so it doesn't hurt so bad when they come after you.

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  11. Buck I can relate to a lot of what you said. It was a different time and certainly a different place. You had to be in REALLY bad shape to see a doc. A  medic would give you aspirin or something like that but it was really taboo. If you went to the doc it's like this guy can't take it, he ain't dependable, don't want to be with him kinda thing. About PTSD,  I've got MH issues but fortunately not that. I do think treatment can help you cope/manage some of your symptoms but I've never run across someone with PTSD that was "cured." I don't know how these psych people think it can be. It's never going away.

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  12. Yes, Conrats to you Tbird! We know you deserve it, but it takes time. Personally, I am a little disappointed in the fact that you had to pay Alex though. I figured with his relationship with Hadit and all, he would have done it gratis. But then, I'm sure you went with the best and it paid off, so you are happy with the end results and that is what counts.

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  13. Semperguy Welcome to Hadit You have done what a lot of veterans do; watch and wait and read. Then read some more. As for the effective date, EED, you get when it is found or when you have filed, which ever is later, so if your evidence shows that you had Tinnitus before you filed then you should be entitled to your date of submittal, in you case date you filed your ITF. You can submit an appeal via Higher Level review for that. The VA often does that and the veteran often lets it slide and doesn't appeal. On your OSA as deferred, the VA is going to an expert (another doc) to get an opinion on it. They may try to say it is part of  your MH/PTSD award. You'll have to wait on the decision letter to find out on that one. You could call Peggy, 800-827-1000 and ask the rep if he can tell you anything at all about where it is. Most likely you won't get any reliable answer. If you have a VSO, they may be able to see if their are any hints in your c-file, that takes a little time to research. One more thing, you could consider applying for TDIU if your part time work isn't meeting the financial limitations of regular employment. But if you are doing well at it, I would think it would be a hard sell unless you can prove you can only work so many hours in a week. You best bet is to work on increasing your disability ratings if you can if you have "many". You must know what your increases must be to get to a combined 95%, therefore 100% rounded. Use a disability calculator. Look up the criteria for those disabilities and see if your symptoms have gotten worse. Do not submit if they don't meet the criteria. Know what the minimum symptoms are to get ratings per their diagnostic codes.

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  14. I have mine with a state VSO (really it is a county). She is great, very responsive and knows what she knows. On top of that she is my friend. No problem personally. VA.gov has personal info page and it list her state organization (not her personally) as my VSO. I wonder if you can't send a letter to the VSO you want to drop and send it with a copy to your RO for them to update? I expect one of the reasons they don't want veterans  to leave them is they must get some kind of compensation from the VA based on the number of clients that they have. Just a numbers game. I've said this before, it isn't about what organization you chose, it's which individual VSO is working you claim. Veterans have to do their scouting around and get the right one.

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