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GBArmy

HadIt.com Elder
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Everything posted by GBArmy

  1. Sorry Dustoff to hear that. We all are. But if I may, I have learned there are good carpenters and then there are bad carpenters. There are good cops and there are some bad cops. Just like there are good lawyers and VSO's and then there are bad. Maybe there are a lot more bad than good but, I think you are an intelligent guy (after all, you are Army),so my point is that it is up to us as individuals to do are best to make sure we improve our chances on separating the good from the bad. VSO's and lawyers serve a purpose and if we find ourselves in need of their services, we have to do our best to make good choices in the selection processes. I think we do some readers of Hadit a disservice to paint with a wide brush. Veterans should do their due diligence. Ask other veterans if they had a good VSO. If yes, ask them why. Is the answer based on facts, or is based on the results that were favorable to the veteran but the VSO for example didn't do anything to get the favorable result. What did he really do? Interview the guy. Not good enough, then start over. It all goes back to what we say over and over. The veteran him or her self are their own best advocates. We have to increase the chances that we are getting what we want. Personally, I don't like VSO's in general. For the most part I have found that they are under trained and have away too many veterans to help so it is rare that they can spend the time to do a good job. For many, it is, bottom line, just a job with very little accountability. If your claim doesn't go right, well, not my fault, it's the VA's. But, that said, I now do have a very good VSO. I know enough to be able to say that not only has she done very well for me, caught small things I didn't, but now to the point I do not hesitate to recommend her to veterans I come in contact with who are in need of a good one. But believe me, I did a lot of searching before I found her. I don't have VBMS and she really knows the system and is respected at the RO. She is a disabled veteran and loves what she does. Hard to beat.
  2. vetquest you bring out some good points. I'd probably have a rep do it ; I doubt if I could handle the stress all the BS procedure stuff there would be. What do I know about proper procedures and legal protocall? I don't hear that well either which is another point. (Actually it comes in as an advantage several times a day with my wife, but that is for another time.) If they have the evidence, which they should or I shouldn't have gotten to the BVA anyway, what am I going to do, explain the law to them. No, I doubt if I'll be in attendance at any of my BVA appeals. Not likely.
  3. Come on, Dustoff. You're just sayin' that 'cause it's true!
  4. I doubt if Alex is in favor of this tech advancement. He said he did a video hearing in P.R. and the veteran is at an disadvantage. Th positioning of the cameras did fully show body language, etc. among other things.
  5. Disgraceful. My wife asked me last night, no lie, is it possible that the VA could actually award a case that is, say, 50 years old. I told her, nah, this day and age the odds of a veteran or widow looking for a decision that long probably couldn't happen. I stand corrected. Lesson is we have to constantly remind ourselves that we are talking about the VA here. We don't know how low they can go. Disgraceful indeed!
  6. As Bronc says, it is VA-speak for saying nothing. Ebenies has to put status on there so they put ambiguous terms that don't mean anything. If you cal 1-800 Peggy, you won't get a decent answer either. Dollar to a dout you really won't know anything for real until you get your decision letter on the grant. It could mean they are figuring out back pay; or not. Probably NOT.
  7. Sec. Wilkie just put out a memo that commends VA Benefits for meeting the target of turning out claims decisions in 125 days or less. According to their figures, since Oct.1, 2019 75% of the claims have met that metric. That's terrific; but I think we would like a little more detail. Like what is the percentage of veterans' wins and remands compared to before the target was issued? Higher or lower? If they are churning out more rejects, we get to see that sooner so we can appeal faster? Is that an advantage? Faster is better only if the percentage of accepted claims go up! https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5371
  8. allan That fishing sounds awesome! How is Grouper? and are there gaters showing up to take your lunch once in a while?
  9. Great advise from vetquest here. People get so cranked up being denied that they jump to go to CUE, when another path will have a better chance because CUE is such a harder standard to accomplish. So, if at all possible, you want to do a supplemental or HLR route AT THE SAME TIME. It is legal, easier presumably than the CUE, and can happen at the same time. Probably quicker results as well. It wakes the VA up that there is a CUE also in the system so they really aught to get their act together on giving you a fair shake.; they really try to not to lose a CUE appeal. And as vetquest said, it keeps your claim open in case you need to appeal later.
  10. Valhalla0321 Not sure what your situation is, but If you have a C&P,scheduled, you must attend. If you have diagnosis from your doc, bring it with you. If this ia a follow up C&P for an already s-c condition then just tell them how things are. When asked, tell them about your most recent BAD day, not necessarily what you feel the day of the exam. I'm not sure what you mean when you say your claim is deferred, but if it is a claim you haven't yet been awarded for MH and/or PTSD, there are a lot of similar experiences posted here on Hadit. Do your research. Don't get mad at the examiner. If you're married, bring your spouse.
  11. Hi Alberti As Shrek pointed out, the RO is doing normal stuff. They don't have to have a C&P, but on most initial claims, they are going to do it to cover themselves. Read up on the dbq's and diagnostic codes for your disabilities, and you will feel more comfortable when you go to the exam.
  12. It's S.O.P. for the VA. Basically, delay (in your case), deny, and hope the veteran dies. You get door #1. Now, to compound the problem, the VA loses the key to the door, or at least misplaces the key if retro/back-pay is significant. They just can't seem to part with all that taxpayer's money to some broken down veteran. So the delay allows them to hang on a little while longer. Makes 'em feel better. Stupid is what stupid does.
  13. I filed a supplemental with additional evidence this spring. Came back in about 3 1/2 months. Denied. I think third time's the charm though (I hope.) No matter; if it is denied, I will just keep working it until they figure it all out. My favorite saying I tell veterans is "You don't lose until you quit trying." I believe it!
  14. Hyrb is right on. When in doubt, and you have the evidence, list multiple causes. Let the RO sort it out. It sure helps if you can get an IMO from your doc that lists rationale and that any one or combination is more likely than not to have caused your disability. But making the RO rater having to deny all of them and their combinations is a tough thing to do sometime.
  15. I for one don't know the name of that site and, I do not want to know. Just based on witness statements from you guys is enough for me. Why would I want to get advise from a site that is one-sided and not open to differences of opinion. That is how you learn, by listening to what others have experienced. To be punished (banned) because you said something that goes against the brotherhood when proving your proof of the argument, kinda sounds what those despots in Iran do. No thanks. Besides, I'm beginning to like you guys. (Well, most of you:))
  16. Buck, I usually agree (mostly ) with you but I really don'e agree on your comment that you will leave it for another who needs it (a disability comp) more than you. I'm not disagreeing with your decision about VA math, etc. just the comment. The disability is for EVERY veteran who (unfortunately) deserves it. I feel very strongly that if we don't use VA benefits, we will not only lose it because the gov't will take it away because of lack of use. It will be another justification not to provide more benefits we deserve. With the VA and the gov't, it is a numbers game. Look at A.O. 50 years later we are still fighting for adding 4 more presumptives to the disability list. Granted, some by their very nature take a long time to show up to be diagnosed. They will get listed (eventually), but only because the numbers are there now. The veterans from the Gulf War and current conflicts have to show up and be counted on their problems. If no numbers, no disability recognized by the gov't. for breathing, nurve problems, blood disorders, etc.The VA has a $200B budget this year. Do you really think that if a veteran decides not to claim and receive a disability so "someone more deserving" gets it is going to make a difference in the VA's budget? I contend it is just the opposite; by not making a justifiable claim you are possibly hurting your brothers and sisters. IMO
  17. Buck, go to the head of the class! In fact, I doubt you can come up with any advise today that would be better! Great post. Common sense stuff but it really is important to pay attention. Sometimes what the examiner DOESN't say is just as important as what they do say. By saying or not saying these things, or acting this way the examiner is giving you a heads up that you got to give him more info on your disability.
  18. Reading your letter, I think I would agree with Vetquest. I'd file the HLR and if it should fail to get you satisfaction, then the BVA. The letter is so damning to the examiner that the HLR would seem to me to be the smart move by the RO. It would seem to me that the VA would recognize that the BVA will eventually rule in your favor if just half of what you stated were true, and at the very least have a remand for further discovery. You can still appeal to the BVA if you don't win at HLR anyway. It could be a lot quicker route to take. I usually don't like the HLR but your letter is pretty convincing.
  19. Donating is a personal thing. Many of us were brought up with the idea to help those who are in need when we see it, AND, if we can. If you're reading this blog for a while, I ask one question: why? The answer is obvious. You see that there is a tremendous amount of knowledge and experience that can help you with your disability claim. No other reason, unless your intent is to also pass on your experience and help others too. So, if you are reading Hadit to help yourself, why not donate to help keep it going. Ms tbird isn't independently wealthy; she has a great mind and a vision to help her brother and sister veterans, but she needs financial hel to keep it going. If you can, donate a little. If you can't be sure to remember how much Hadit helped you get a new or increase in disability comp.
  20. I believe that Shrek. Fits right into my thinking they are delaying whenever to push out the cash flow a little further. I wish we knew how the VA quota/commission incentives system works for real. Just the upper levels get the bonuses, or how far does it flow down? Maybe there isn't one, but it sure would explain a lot of obvious errors if there was one.
  21. Vync You are probably right; VA padding the numbers. But my point is that the VA takes liberties with payments delays on claims just to slow down the outflow of their funds whenever they can. Just like other artificial barriers they use. An example was they would take a year or two just to certify that a claim could be forwarded to the BVA for appeal before the AMA went into effect. There was no added value by the VA; just a time delay. You know the montra, delay, deny and hope the veteran dies.
  22. MarkP Since it is a form of cancer, the VA will usually require another or current C&P to verify that your condition hasn't improved since the last. You have nothing to fear unless that is true. More than likely, I'll bet you wish it were true, but it is what it is unfortunately. Be sure to go to the exam. And, as Richard said, if the VA has updated the diagnostic codes for your condition since you started your claim, they have to give you the highest possible rating between what the old code was and the current one. That's also a good thing for you. Take care.
  23. JKWilliamsSr Appeal to BVA. Too much of a legal hurdle to try HLR; they won't change their decision. IMO.
  24. Berta I received this listing from my Congressman's office yesterday. I don't know if it is a later update than what you have, but I thought that at the very least it should be a good thing to re-post the Navy Blue Water ships list again. https://www.va.gov/shiplist-agent-orange.pdf
  25. awfullsharky, Vync is right on all his comments, but it is a damn shame the way the VA messes with the veteran's money. Why in the world should it take 4 months for obtaining management's signature and paying the man. Only because the VA can. Can you take 4 months to pay for your Mastercard bill? If that was a private business, it would have to close their doors in no time. Even when the veteran wins a disability they have to wait an extraordinary time for them to get around to sign off. Totally wrong. That's something I would write a letter to Sec. Wilkie about personally. I'm totally serious. What would you have to lose; they going to delay it further?
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