GBArmy

lp1067 Probably the cleanest way is to submit an IRIS request with a email response requested. If it has been a long time it may take some time. You can always submit a HLR appeal if it is screwed up, but for most people, it is pretty straight forward. The last time I requested an audit I think it was completed in 3 or 4 weeks.

Vync I'm not sure about the client has to be a American Legion member, but it was implied. Give them a call. For what it's worth, annual dues is $35.00. I don't use them at all, but the main reason I joined up is a good friend was made the commander of the post, and I just wanted to help his membership numbers. Actually, any of these VSO groups don't do enough for Veterans IMHO so I don't have much use for them. They are ok if you need a VSO to help for paperwork and VBMS but from my experience, they usually are under trained , overworked or lazy. They could spend more of their millions on more and better trained VSO's.

Agree with broncovet 100%. Especially the part about being kind or nice up front. Once you cross the line and be disrespectful or have a hissy fit, you can't put that genie back in the bottle. There is going to be a note in your file about you being "trouble" and there's no way that is a good thing. I know it can be really hard, but it makes no sense to argue with an examiner. They are just going to dig in their heels if you do and, if you do, you are probably going to say something that will be negative to your claim. If the examiner is not picking up on important evidence, just start making notes about what happens to help in your appeal process. How long did the exam last, was he or she late, did they say they didn't read your file, did they ignore evidence presented, etc. The easy way out is to blow up and take it out on the VA person. It also doesn't work. Most of us have had some interactions with VA personnel that were A.H., but to be fair, it certainly not as bad as it used to be just 5-10 years ago. Be polite; it won't hurt.

I don't know. Maybe we will, maybe not. The armed forces are getting an increase next year, although it isn't connected to cost of living. But this is the season to pass bills to buy votes. The more bills these politicians pass, the more support they get. These people can't see 5 or 10 years down the road what all this wasteful spending can do to the economy. Our kids and grandkids are going to be paying big time for being wasteful.

Vync As for receiving a new disability so you can op for the VA insurance by opening up the window to apply, you might consider other options as a intermediate step before your next approval. There are a few other choices for insurance, if you want to get coverage now. The American Legion has a connection with United of Omaha Life Ins. Co., www.mutualdirect-legion.com, or 1-800-867-2953. Their quote chart in the advertisement is very competitive with the VA's disability rates. Now I realize that being at 100%, it cost $ when you could be getting it for free. But if you are concerned about another heart attack before you can sign up with the VA's, you might want to consider. Just bringing up an option to consider.

Vync From my perspective, HLR can and should be a good option. At least in theory. But just as we say that it is the luck of the draw when it comes to getting a competent and open minded C&P examiner, it holds true for HLR as well. There is one significant change when you chose that lane; you can specify that you don't want to use the same RO that the initial decision was made. I think that is an improvement for three reasons: first, it takes any internal pressure off the new reviewer concerning making a decision against someone from the same office who he may know. That's not supposed to be a factor, but who knows. Secondly, it goes into a national queue, which also provides the possibility of it being worked on sooner rather than later. I believe that is the reality now. And thirdly, although we can't submit new evidence, you also can chose the option of talking to the reviewer. You can make it very plain how this is a RailRoad job. As to the question whether or not they could CUE themselves, the answer is yes. I have an open HLR for GERD, and on the open claim status, in the What Happens next? status, it reads "The VBA will send you a new decision in the mail. Your review may take longer if the VA needs to obtain records or schedule a new exam to correct an error. Now they don't use the term CUE, but that's what an error is.

I agree with broncovet 100%. Be sure to dispute the proposed reduction and submit ASAP. In addition to what Bronc said, you could build up your position by obtaining more evidence of your current condition, which includes current supporting "buddy letters" from your family/friends. If you can get a favorable (to you) statement that your condition has not improved from your doc based on recent or a new session, do it. You can beat this proposed reduction.

Vync you said "surprise" but I think you aren't. Disappointed in the VA process (so far) is probably more accurate. Congressman is out; too complicated for them to get involved. OIG doesn't seem to be an appropriate resource for this type of a problem for that office. HLR is an option, especially as a holding option if you were to want to do more developing which would include an additional IMO from a specialist to support what you already have. The problem is for that HLR to be effective and change the decision, I think you would have to be awfully lucky to get a reviewer that is sharp enough, and willing enough, to reject a favorable VA decision that he could easily side with and rubber-stamp off, rather than CUE themselves. There are several people on here that are well versed on CUE claims, so I will not comment on that option. So, of the remaining 3, I would recommend HLR if you didn't want to go the CUE route. I'd try to get input from Bronc and Berta first though IMHO. All that said, it sucks. But then, where would be the challenge if it were easy

I agree with Buck; it isn't so much about the Contractor as it is about what kind of professional you get. Like anything else, you could get a very thorough and fair doc working at a Contractor office that is made up of a bunch of rubber-stamps for rejections. Like he said, its depends on luck. But it also helps if they can READ.

Mike Some of the stuff that veterans go thru with the VA you read on hear are unreal. It's more about the process than doing what is right.

MarineLCpl Add your name to the deed and get a change at the town or county tax office. At the same time put in for any additional tax benies from the town/state like maybe 100% tax exemption? In fact, check the states' website for disability benles also. You earned them, get them. As I tell people who are looking for VA disabilities: " They don't give VETERAN benefits to anyone but Veterans. So, if you have a benefit that is worthwhile to you and you have it coming, get it. Otherwise, they will drop it because no one uses it and you're hurting the next guy coming up that could use it.

Vync It sounds like they are trying to get you on the hamster wheel again, doesn't it? I like the IRIS question/complaint; save that response whether positive or negative also.Your doc is at least equal to the VA's opinion; eventually, you should win out. It would be nice if you can do it this go round though. One question I have is are both LHI examiners working out of the same office/facility? Not the same doctor both times?If so, maybe that could be part of your appeal if you have to do this again. Question that facilities track record for being incompetent.

Wow, Shrek, 6 years. Was it a tangle of denials and "lost your records", or just they don't like guys from Nebraska?

CapnHaddock There is usually more than one way to approach the VA claims process. We way the different options carefully and then, hopefully, we make a decision that is the best for us personally. That is the strength of Hadit; to provide insight so you can make the best choices that will work for you. You have done that. And there is nothing that says you can't revisit the situation latter if things change. Good for you, and good luck going forward.

Break a leg, Mike. You'll do well!

MarineLCpl Short answer is you have been granted P&T. This comes up a lot because of the stupid way veterans are notified as being P&T. Why they just can't have it plain and simple is a mystery to me. Your decision letter says Chapter 35 for your grant. Bingo! You won the lottery! Get into Va.gov and claims. Scroll down and get into the "letters" request and print out your new status. It should say you are now P&T. Don't forget to apply for the free life insurance waiver. Congrats!

dwbell99 I don't know, but it is interesting as it is a major problem with most of us. I would first issue an IRIS request because they are supposed to respond within 1 week. I also would try to find something on timeliness in the VA M21-1 manual also. But this is something to post here for people to follow your progress

Compensation issue simply mean your claim is for disability compensation as opposed to some other kind of claim Maybe upgrade for discharge for example. Most claims that are submitted are designated ci. Nothing to worry about.

Yes, she should file. Remember the 3 elements of the Caluza Triangle needed for a claim. Diagnoses of an existing condition: does she have foot problems now? If not, forget it. If so, she needs to get a doc's opinion that her current condition is a direct correlation to the bunions while in the service. This is called a nexus. The third element is she needs records that show her service time and medical. If it was a medical discharge you need those records.Was the surgery done while in service, or civilian? Need evidence. Length of time in service isn't the driving factor as there is a "presumption of fitness" rule. In other words, if she was discharged from the Army for foot problems, but didn't have any foot problems found in her initial induction physical, the Army has to grant that the injury occurred while in service. But all that said, you have to have a good package because they will try to say she wasn't in long enough for benefits. That is inaccurate for disabilities. I once got a veteran a 50% disability for hearing because of his activities in 87 days of basic training 50 years prior. Work the Caluza!

CapnHaddock I agree with Buck; you have to find the EED requirement. Try looking in M-21 manual first. But make no mistake, you will be in for a fight on this one. Going from 70%, or 80% to 100% will be a few back-pay bucks. It is what a friend used to say, "is the juice worth the squeeze?" In other words, risk v. reward. If you're P&T, they are supposed to leave it be. If you challenge, they have to look hard at your claim. Shouldn't matter but... So, again, why pursue an increase for your existing claims? Will your symptoms now result in such an increase that you will be eligible for SMC's? Otherwise, why are you considering submitting a claim for worsening conditions? You don't want to do that IMHO if there is nothing to gain.

Buck I believe you are correct. You need a second unrelated s-c disability that is 60% or higher for Level S. Best explanation I have seen is CC&K's See https://cck-law.com/blog/special-monthly-compensation-explained/ Very complicated/confusing for my tiny brain cells.

CapnHaddock I'm a little confused on the sequence of events. You appealed and got approval to 100% P&T on the first claim right? Before it was approved you submitted an ITF on the second claim? If the claim was less than a year, you don't submit ITF but submit the claim. ITF is on new action, not appeals still open. Not sure what's going on.

The latest "commitment" from the Sec.of Navy and BVA on BWN A.O. claims for submariner is a turn around time of 153 days. That compares to a regular Navy veteran claim average of 113 days??? (Must be pre-covid19 data.) Letter from the Sec of Navy to Congressman Courtney here https://courtney.house.gov/sites/courtney.house.gov/files/2020-07-17--SecNav Response on Blue Water.pdf

Be sure to go to the exam. Make it perfectly clear that you received your 100% 4 months ago and you are totally stressed out by doing this again. Give examples ex. couldn't sleep the last several nights, panic attacks, the concern about the DEA issue, trying to get answers and no one can give an explaination, etc. As for getting screwed over back pay; par for the course. Expect it to be low-balled and that way you won't be surprised. You deal with it after you receive what you do. One step at a time.

HTVnerd As broken said, your general discharge isn't, or hasn't prevented you from getting a VA disability. Not to worry. Do a good job in submitting sound evidence for your claim; that's what should be your main concern. What happened 30 years ago can't be changed. What happened in the past is in the past. I would even suggest that the Army board realized you were given a tough sentence and that is why you received a General. There is no judging going on here. Go forward and good luck.