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GBArmy

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Posts posted by GBArmy

    Appealing start date

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    "If there is a 5% chance it will work, it is worth it, isn't it?" IMO, no. This is going back over 20 years; very long time by anyone's standards. Let me ask you a question; what is more important to you: being able to say you did it yourself and got this big settlement. Or, winning the settlement and finally getting the satisfaction that because of your efforts, your legal team finally prevailed and won? Because you aren't one of "the old boys"; the odds are just not in favor of a good outcome without legal representation. I ask veterans in this potential situation "would you rather have 100% of nothing, or 70% of something? Don't let your ego get in your way of making the smart choice.

    Hearing eval. question for increase

    in VA Disability Claims Research

    Posted · Edited by GBArmy
    typo

    Riplip

    Hang in there brother; we are all pulling for you. If the VSO isn't doing the job, and you feel you need help rather than doing it yourself, there are people out there that can help you. Ask your friends for recommendations, ask questions and get comfortable. But make sure you don't miss any VA deadlines. But work on it; it isn't going to get done by itself if you need a new advocate. 

    Hearing eval. question for increase

    in VA Disability Claims Research

    Posted

    Buck

    That is great advise if you think you got low-balled. An increase of just an addition 10%( ex. 10% to 20% )would easily pay for itself in just one or two monthly disability checks. If you tell the ENT doc what you are trying to do beforehand, he shouldn't have a problem in doing a dbq for you if his test shows worse hearing. When you say have the ENT doc give his opinion, do you mean an IMO letter or just a dbq for hearing. If it is for an IMO, I would love to see a redacted opinion.

    Hearing eval. question for increase

    in VA Disability Claims Research

    Posted

    Riplip:

    What I meant about the CI for my friend is that his hearing improved after the operation, but his hearing was so far gone that he still misses most of anything said. Forget about going to a meeting or a gathering with a bunch of people talking. If you are not in an area that is relatively quite, he can't hear you even while looking face to face. I know it gets him down because he doesn't participate in things like he used to. Of course, all people are different and situations are different, but there is plenty of evidence that proves that hearing loss can also cause depression. If the veteran develops it because of s-c hearing disability, a good IMO can get it secondary.

    DENYED WITH NO C/P exams

    in VA Disability Claims Research

    Posted

    1 hour ago, 70%&sfsystem said:

    I was helping a buddy of mine veteran file claims cat outside Dr. DBQ done and filed but VA DENYED ALL CLAIMS without sending him for C/P exams he 10%  tinnitus and he was a Heavy vehicle mechanic in the army did a tour in Bosnia as well I just don’t understand how they could deny without even doing C/P exams He’s very upset and doesn’t understand I told him it’s par for the course any advice that we could do?

    Something isn't right. Is it possible he was set up for a C&P and he didn't go? What specifically did his decision letter say?If he was a heavy vehicle mechanic and worked mostly in the motor pool, his MOS should be one listed as likely or probable that he was exposed to outside noise and it would be a basis for tennitus. Did he also go for a hearing exam? If you are rated for hearing, even at 0%, it is more than likely you also would get the 10% for tinnitus. What was his MOS listed on his dd214?

    Any circumstances a new claim can be submitted after the veteran's death?

    in VA Disability Claims Research

    Posted

    3 hours ago, broncovet said:

    Ken Carpenter contact info is here:

    3 hours ago, broncovet said:

    Ken Carpenter contact info is here:

    https://www.vetadvocates.org/users/kenneth-carpenter

    When I contacted his office, they did not accept "email" attachments of our evidence, I had to snail mail them to him.  IM not sure why.  

    CCK law, or other law firms may also take this on.  Maybe even NVLSP, if they think you issue will apply to other Vets. 

    https://www.nvlsp.org/what-we-do/lawyers-serving-warriors/?gclid=Cj0KCQjwtMvlBRDmARIsAEoQ8zStOmFy-cIYBQSXVNN6EtEvKirW1wKB0jkqdcChEfjofZ3huNVMRVMaAkJXEALw_wcB

    Feel free to go down this list and talk to as many as you can:

    https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

    Attorneys are like people...they vary widely in their opinions.  You need to find a firm sympathetic to your cause.  

    Thanks, Bronco. I know it is a long shot, but then, you can't win if you don't play. It certainly could mean a lot to his family and correct a 75 year old wrong as well.

     

     

    https://www.vetadvocates.org/users/kenneth-carpenter

    When I contacted his office, they did not accept "email" attachments of our evidence, I had to snail mail them to him.  IM not sure why.  

    CCK law, or other law firms may also take this on.  Maybe even NVLSP, if they think you issue will apply to other Vets. 

    https://www.nvlsp.org/what-we-do/lawyers-serving-warriors/?gclid=Cj0KCQjwtMvlBRDmARIsAEoQ8zStOmFy-cIYBQSXVNN6EtEvKirW1wKB0jkqdcChEfjofZ3huNVMRVMaAkJXEALw_wcB

    Feel free to go down this list and talk to as many as you can:

    https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

    Attorneys are like people...they vary widely in their opinions.  You need to find a firm sympathetic to your cause.  

     

    Thanks, Bronco. It certainly would help his family with the potential of 70+ years of back pay; and it would partially right a wrong done to him for many years. As the saying goes, you can't win if you don't play. We'll try the lawyers and see what they say.

    Any circumstances a new claim can be submitted after the veteran's death?

    in VA Disability Claims Research

    Posted

    40 minutes ago, broncovet said:

    Ken Carpenter contact info is here:

    43 minutes ago, broncovet said:

    Ken Carpenter contact info is here:

    https://www.vetadvocates.org/users/kenneth-carpenter

    When I contacted his office, they did not accept "email" attachments of our evidence, I had to snail mail them to him.  IM not sure why.  

    CCK law, or other law firms may also take this on.  Maybe even NVLSP, if they think you issue will apply to other Vets. 

    https://www.nvlsp.org/what-we-do/lawyers-serving-warriors/?gclid=Cj0KCQjwtMvlBRDmARIsAEoQ8zStOmFy-cIYBQSXVNN6EtEvKirW1wKB0jkqdcChEfjofZ3huNVMRVMaAkJXEALw_wcB

    Feel free to go down this list and talk to as many as you can:

    https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

    Attorneys are like people...they vary widely in their opinions.  You need to find a firm sympathetic to your cause.  

    Thanks, Bronco. I know it is a long shot, but then, you can't win if you don't play. It certainly could mean a lot to his family and correct a 75 year old wrong as well.

     

     

    https://www.vetadvocates.org/users/kenneth-carpenter

    When I contacted his office, they did not accept "email" attachments of our evidence, I had to snail mail them to him.  IM not sure why.  

    CCK law, or other law firms may also take this on.  Maybe even NVLSP, if they think you issue will apply to other Vets. 

    https://www.nvlsp.org/what-we-do/lawyers-serving-warriors/?gclid=Cj0KCQjwtMvlBRDmARIsAEoQ8zStOmFy-cIYBQSXVNN6EtEvKirW1wKB0jkqdcChEfjofZ3huNVMRVMaAkJXEALw_wcB

    Feel free to go down this list and talk to as many as you can:

    https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

    Attorneys are like people...they vary widely in their opinions.  You need to find a firm sympathetic to your cause.  

     

     

    Veteran

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    SO the lesson to be learned is when a veteran receives a SOC and it doesn't seem right, you see if you can find it in the M21 and then compare it the CFR. Then you can provide new and relevant evidence to support the law, not m21.

    21 hours ago, Tbird said:

    This link should help you out https://www.hadit.com/va-law-va-code-va-manuals/

    Thank you , Tbird for sharing this site. You probably have done it many times before but I just saw it. Great resource!

    Hearing eval. question for increase

    in VA Disability Claims Research

    Posted

    I have a friend that has a similar hearing situation as you do. Extremely poor hearing; waited until he was 80 before I could convince him to at least try for a claim. He got a 40% rating in about 2 months. (Of course, they low-balled him figuring he would take it and be happy.) The VA Health people recommended he go for the Cochlear operation also. He got it and appealed (asked for reconsideration). Long story short, he now is rated 100%. But I strongly suggest that you try to reach out to others who have had that operation. Psychologically, I can wear you down; especially people staring and asking the same questions on what it is, etc. The very modest hearing improvement might not be worth it to you. I would expect the VA could let you know if there is a support group or something to check out.

    Any circumstances a new claim can be submitted after the veteran's death?

    in VA Disability Claims Research

    Posted

    I was trying to help a WW II veteran who apparently was discharged for medical reasons but never received a disability. He had no medical records or discharge paperwork. While tracking down his discharge, at the same time we submitted a SF-180 for his medicals. Sadly, he passed before we received his medical records. Has anyone heard of the VA making a favorable decision because he would have submitted if he received the med records just a few weeks earlier. You could say that the submital of the SF-180 was a necessary part of the claim process. We were His family could be missing out on a pile of back pay it his claim was submitted, even if rated at 10% for 70+ years?

    C&P and Meds

    in Veterans Compensation & Pension Exams

    Posted

    From what I understand, if your disability requires that you be checked for range of motion and the C&P examiner doesn't do it, you don't tell him what to do. If the decision comes back and is favorable to you, you win. If it comes back negative or reduces your rating, you file a NOD. More than likely, you would have to get another C&P exam to include the range of motion stuff. That may be at a more favorable time relative to your medications. Anyway, I doubt that if you have to tell the examiner how he should do his job that it would go over very well with him/her. Just go with the flow.

    C&P and Meds

    in Veterans Compensation & Pension Exams

    Posted

    I would suggest 2 things. Call your Patient Advocate at the VA hospital you go to and ask them what the rules are for rescheduling. They may say it's possible to re-schedule a few months out. If you can get a letter from your doctor about how the meds mask your symptoms, that might also be of help when you go for the C&P. Most importantly, whatever you do, do not skip the exam. You will be denied based on that alone.

    hypertension requirements

    in VA Disability Claims Research

    Posted

    On 4/6/2019 at 8:26 PM, broncovet said:

    As always, you need the 3 Caluza elements, or it could be on the presumptive list.  I did check and High blood pressure is on a presumptive list, but it depends on when and where you served.

    http://www.militarydisabilitymadeeasy.com/vapresumptivelist.html

    Hi Broncovet. I see you are a regular here; thanks for responding. I was in Nam ,'70-71 ,and supposedly high blood pressure is on the short list to be added for presumptives for A.O. and i was just trying to get ahead of the curve. I have been on b/p meds so long that I don't have any recent readings that will be considered high enough to be rated. It is under control when I take my meds and I sure don't want to stop taking them for a day or two just to go and get it checked at the VA. I am rated for IHD, or coronary heart disease, but I would like the rating for high blood pressure, even if it would be 0% now. I was hoping someone might know what is needed, or how far back can you go to show what it was before meds. If anyone has gone thru it, I'd be interested in knowing.

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