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Dustoff 11

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About Dustoff 11

Profile Information

  • Military Rank
    Army Aviation Warrant Officer CWO
  • Location
    High Sierras
  • Interests
    Fishing, camping, hiking, kayaking, travel, chess

Previous Fields

  • Service Connected Disability
  • Branch of Service

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35 profile views
  1. Nothing changes as the "new claims/appeals" system seems to be taking as long as the old legacy system for many of us. All the confusion in the change over has not helped me one bit as I filed claims and appeals during this change over and as a result my 35 years of claims filing experience was of no benefit as I made two errors on choice selection of which way to appeal and selected wrong forms. VSOs have never been of any help to me ever. This was the intended result planned by VA as many 1000s vets like me have been adversely delayed/effected by all this crap. SNAFU!!!!!
  2. I have had very good luck calling the 1-800 hot/help line (Peggy or Henry) and asking them the same question about an appeal ebenefits said was incorrectly closed. Henry spent over 30 minutes obtaining info from me and doing research in the VARO data basis on my claims/appeals and one week later everything was corrected showing my two appeals were still open. I was put on hold for a long time before I could speak to Henry.
  3. Thanks Richard for proving my point in my previous response that CUE claims are winnable and without having to appeal in spite of what former VA DRO adjudicators say on other veterans benefits forums. You may have set a record with 3 out of 4 CUE wins and no appeals. If as Vync said that CUE claims are now processed as HLR claims then the decision "should" be about 125 days or so as the VA has claimed recently for HLR claims. I have my doubts tho. Over 35 years I have found VA and BVA denials to be fairly quick although I have been mostly successful with my several claims and two appeals (so far).
  4. As a follow up to my own answer CUE claims are winnable if you are prepared to appeal these claims. Same is true of many disability claims that you have to appeal in order to win your benefits. Rubber stamp denials by VARO is almost as common as dirt so always you and/or your VSO should anticipate having to appeal to BVA or even the CAVC. In a few of my previous claims both the C%P examiner (a PA) and the VARO rater flat out ignores/disregards the hard scientific medical evidence support my claim and in this instance substitutes their "own estimates and opinions" in lieu of my Bruce Treadmill stress test which is their way of lying BS and a case for my winning the claim on appeal or as CUE. The VA raters have not changed their way in over 35 years. All BVA and CAVC court decisions are public record and every year thousands of VARO denials are overturned by BVA and CAVC on basis of same type of common errors being committed by the VA raters for past 35 years. Delay and Deny is VARO motto.
  5. Many years ago (2003 to 2005) I successfully won my CUE claim/appeal representing myself before the CAVC veterans court in D.C. (Case No. 30-2067 Dec 23, 2005 Appellant AD). Back then it took the VARO a few months to automatically deny my CUE claim and it took the BVA rubber stamp denial about 2 to 3 months. As of recent times I heard on another veterans benefits assistance forum that it takes as long or longer as a regular claim as the VA adjudicators hate these CUE claims (they always have nothing new there). This veterans benefits forum I just mentioned is same one that is always telling vets that CUE claims are impossible to win (FALSE) and constantly discouraging vets not to file claims by misleading them that they have to have extremely high level of medical evidence to win a claim (FALSE). The forum is run by present and former VA lifer claims adjudicators and VSOs and way to many chiefs and not enough Indians and this is same attitude as when they were denying claims at the VA (arrogance). I guy calling himself Cruiser is putting out this BS about CUE claims. With the huge backlog I suspect your CUE claim will be a long time before decision but I hope I am wrong as I may be filing another CUE claim myself soon.
  6. As a follow up under the presumption of soundness rule you can also argue that the military took you in with a documented pre existing MH condition and that your military service (Vietnam????) aggravated or worsen your pre existing MH condition. If you served as a combat scout in Nam and have the CIB, PH, etc and other proof of combat such as valor awards, unit orders, ops reports, etc. etc. then this should also help you to service connect your MH condition in spite of C&P examiners report. I was able to overcome a negative C&P examiners report and medical treatment notes from 1985 to 91 that stated I was mostly an episodic alcoholic. An experienced motivated VSO should make these type of arguments for you on your claim/appeal. I am not an attorney, VSO or paralegal.
  7. Cavscout there are U.S. CAVC and Fed Appeals Circuit court cases going back to the 90s etc stating that alcoholism and alcohol abuse in Vietnam veterans suffering from PTSD is attempted self medication for PTSD by the vet and also an indicator of the severity of his/her PTSD. This same argument can be used for depression and other MH issues. The important Federal Appeals Circuit Court decision Allen v. Principi, No. 99-7199, February 2, 2001 is one such ruling stating what I just said in a more legal way. You can find this easy to read decision with a simple google search. In 1998 I used my PTSD alcohol abuse self medication argument for a TDIU claim. Until these court decisions the VA always for decades considered alcohol abuse by vets to be willful misconduct. There are many BVA decisions that agree with the court decisions because now they have too.
  8. I have also had good luck and positive experience with the Peggy (Henry) 1 800 number. The dude spent 45 minutes taking info from me and searching the IRIS system and one week later my problem was solved with Ebenefits. This was so far only time I used Peggy about one month ago. Cheers
  9. More bad luck for many vets. Will someone give us a break.
  10. I became a life member of MOPH many decades ago but never used them for anything as they never reached out to me for anything and I successfully represented myself in claims and appeals since 1998 due to poor representation in 1985 to 91 from another well known VSO organization. Until recent years I never knew MOPH even had offices inside VAROs and assisted vets with claims and if I had known this I might have used them.
  11. In 2000 I filed a CUE Claim with VARO using a standard form 21-4138 Statement in Support of Claim with many attached pages of evidence and arguments as also part of the 21-4138 form. Although my claim denied by VARO and BVA I appealed immediately as a pro se (representing myself) appellant with the U.S. CAVC court in D.C. Today I believe we have to use VA Form 21-526 or 21-526EZ. I have used both 526 and 21-4138 together in recent claim filings. Berta is probably up to date on this. By the way I won my CUE Motion/Claim at the court thru a remand they issued instructing BVA to adjudicate my TDIU claim they and VARO failed to do in 1985. My court case is listed under Appellant AD with N0. 30-2067 and dated December 23, 2005 and my name was not listed due to my request to the court. As a pro se non attorney veteran the court grants me/you a great deal of leeway in proceedings before the court.
  12. Beginning in 1985 I have had nothing but negative experience with VSOs so in 1998 I started successfully representing myself in VA disability claims and appeals including a successful 2005 CUE appeal as a pro se appellant before the U.S. CAVC veterans court in D.C. I have also filed successful VA Injury Section 1151 claim and other claims such AO Heart Disease, TDIU, etc. Besides UT Law library in Austin, TX (Year 2005) I also made great use of the heavy thick LexisNexis Manual written by NVLSP and it covers everything in plain easy to read english as to how to file for every type of disability claim and appeals with step by step guidance for both advocates and vets like you and me. I still have my old manual. You can get this same info on their DVDs. It is expensive but well worth it to me. The present VSOs and former VSOs on another veterans benefits forum mislead a lot of vets about their disability claims with pure BS and I recently departed from them for this. They act like Gods and will not tolerate any disagreement from an experienced DIY vet like me. I am not a lawyer, paralegal or VSO.
  13. It would be nice indeed if you can find a private or VA doctor to give you a positive statement/opinion that your OSA is caused by or worsened by your PTSD and also state the same on a DBQ. I have to rely on medical treatment notes and test etc as none of my private or VA doctors will do this for me as they flat out said they will not take time of themselves and staff to do this even when I offered to pay for the DBQ. IMHO they are just lazy. So here is what I did and this is my response on another forum "Although BVA decisions are non binding on VARO adjudicators I still use them among my other arguments and evidence I submit with my claims/appeals to the VARO/BVA as it makes me feel good. In order of importance I do list them and mention them toward end of my wordy claims/appeals processes that have been mostly successful. You of course must have qualified medical evidence/opinions to submit in your favor to the VARO. Here are just a few that the BVA granted Obstructive Sleep Apnea (OSA) as secondary to PTSD, etc. There are quite a few others that I have copied and saved and you can also find searching the BVA decisions on their website.BVA decision citation 1506771 and dated Feb 13, 2015. BVA decision Citation Nr: 1648003Decision Date: 12/27/16 Archive Date: 01/06/17. These BVA decisions along with CAVC court decisions almost always discuss how they arrived at their final conclusion/orders and this is most useful to me. A win by any means is still a win and thinking outside the box sometimes wins the day. Cheers and good luck to you. There are also recognized reputable studies by outfits like Mayo, Harvard and others that conclude that Obstructive Sleep Apnea is caused and/or worsened by PTSD and somewhere I have saved this information to disk. These studies can also be used as medical evidence in support of your OSA claim. Note on another forum the VSOs and former VSOs are constantly telling vets that only being obese or overweight causes Obstructive (OSA) Sleep Apnea and that is pure BS. I am not an attorney, paralegal or VSO.
  14. Thank you T-Bird for assisting me and you have a very professional looking organized website and forum that covers everything. I can only login with Facebook but that is okay with me. I received a msg that my email address belongs to another member and I have only one email address?????
  15. Thank you T-Bird and I would like to use Dustoff 11 or VNDustoff and do I still sign in with Facebook or how????
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