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Dustoff 11

Chief Petty Officers
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Everything posted by Dustoff 11

  1. So be it they also bragged about banning Berta, myself and other Hadit members from their forum so that makes it okay I guess. Sometimes it is fun being the lone ranger in a land of.............
  2. Someone missed the whole point to my post about relying only on the advice of the other forum and not obtaining other opinions if possible from several other sources. Also I learned a long time ago that turning the other cheek only leads to more endless hard slaps to the face. This type of propaganda is like the average joe being told the meek shall inherit the earth by the elites. Those jokers on the other forum recently attacked me and other members of Hadit on their forum so not being a humble cowardly person I have also responded in kind. I also learned a long time ago no one respects you if you do not stand up for yourself. There is no dirt on me so I am not worried about that one bit. Thanks for your advice.
  3. Well will someone cry me a river for misleading dipsticks on another veterans benefits advice forum. Many of the so called wise ones over there who often belittle vets for asking certain questions regarding claims and display an abrupt arrogant attitude toward same vets are now the ones who are griping and complaining about their own serious health issues and having to pay out of pocket for expensive dental work due to overloaded VA dental service in some locations. Tough S. Their forum run by a weed head who also who styles himself as a cool joker bans other vets for taking issue (disagreeing) with some of their misleading or lying advice to newbie vets and others. I suggest all vets seeking questions to your disability questions to be wary of the other forum and to double check if possible any advice you receive from any forum on important issues of your claims/appeals. Besides this Hadit forum you can cross check advice from many reputable online veterans law firms that post free advice on their webpages and also many hundreds of public non binding BVA decisions that are very similar to your own claim or appeal. Another source is the very respected thick disability manual from the National Veterans Legal Services Program (NVLSP) that can be purchased from Amazon or direct from publisher Lexisnexis website (expensive) but well worth it. You can also purchase the manual on their DVD format and forgo the heavy thick manual. Your choice. You can of course ask questions of accredited VSO found at VA regional offices if they show proper attitude toward you and have the time of day for you. I would definitely cross check any info from them though. My information is based upon 30 plus years of successfully representing myself in claims and appeals before the VA and BVA and even the U.S. CAVC vet court. I have won claims of CUE before the CAVC court, PTSD and TDIU before the VA, Vocational Rehab before the VA, Agent Orange Heart Disease before the VA and others, etc. However, I am not an attorney, paralegal or VSO.
  4. Buck your thank you to us is much appreciated and we always wish you and family the best.
  5. Yes if the non binding BVA citation disability appeal situation is identical or nearly identical to your claim/appeal. The National Veterans Legal Services (NVLSP) a well respected veterans advocacy organization stated many times in their now discontinued "Veterans Advocate" monthly newsletters for vets to included similar non binding BVA appeal citations with both your claim and appeal. Also you can use precedent CAVC vet court and Federal Appeals Circuit court binding decisions to support your claim and appeal. NVLSP also publishes the highly used by VSOs and law firms a thick resource book on "Veterans Disability Law" that I and many others have used for past 25 years. You of course must have as you know other relevant medical evidence to also support your claim and appeal. Initial VA raters often ignore this and other important positive evidence in your favor thus requiring you to win your claim on appeal to the BVA. Welcome to our world. Beware of other dipstick moderators and lifer ex VA raters and DROs and VSOs on another veteran benefits forum run by a self confessed weed head telling their vet members that these BVA and Court decisions are garbage and crap. Those people are total jealous control freaks. My info is not legal advice as I am not an attorney, paralegal or VSO.
  6. IMHO Filing a CUE claim should definitely bring to their attention the fact that they failed to adjudicate the claim and should start the ball rolling on that claim. You can also make other inquiries to your VSO and/or local VARO about the claim using whatever evidence/documents you have to prove you filed the claim.
  7. These are standard questions asked of mental health disability vets by most MH providers including MH social workers, Nurse Practitioners and even MH Pharmacists consulting with you about your MH medications. They have told me they are most interested in your PRESENT DAY situation about your SI/HI feelings. I understand they ask these questions of many other non MH vets also. Past feelings or actions of SI/HI episodes are important and are noted if not already in your health records.
  8. Beware of personal hearings as DROs and BVA Judges can and have ask trap questions looking for supposed dishonesty of the vets so I have heard from knowledgeable others. When it comes to the question of honesty the VA does not give benefit of doubt to the vet but assumes all vets lie and/or exggregates their symptoms, etc. to receive disability benefits according to at least one law firm that represents vets in their disability appeals. I am by no means telling any vets to avoid a personal hearing if they want one however I have done just fine for over 30 years in my claims and appeals by avoiding DRO and BVA hearings which of course those hearings add to the length of time for your appeal to be completed. My information is not legal advice as I am not an attorney, paralegal or VSO.
  9. Well after reading hundreds of BVA and Veterans CAVC court decisions plus Federal Appeals Circuit decisions over the past many years since at least 1999 it is clearly evident to me and many others as stated in those public decisions granting veterans their disability benefits appeals that the BVA and courts consider reputable medical studies, research, treatise as reliable probative evidence in granting veterans their appeals and often without a doctor's opinion on the matter of the particular study or treatise. I will cite just a few of these decisions below after I say this. There are jealous hearted dip sticks on another veterans benefits forum (VD*) that are constantly insanely railing against the veterans use of these studies in their claims and appeals as evidence to support their claim with or without a doctors opinion supporting the treatise or study. For some unexplainable reason these dip sticks heads are exploding over this issue when in fact it is none of their damn business if the veterans enters this information along with other information and evidence with their claims and appeals. I suspect that these mostly former military lifers, VA raters, VSO lifers are jealous that many vets are winning their appeals at BVA on same evidence that was denied at the VARO level and are also bypassing the lifer VSO system that has failed me and other vets in the past many years. I became a successful DIY on my claims and appeals since 1998. And no dip sticks the veterans name does not have to be mentioned in these medical studies/treatise. The dipstick who runs the other forum braggs about banning Hadit Veterans members from his forum and his profile is that of a loser/joker and he is a self confessed weed head. That should tell you something about their forum right there and they sure don't like competition from other forums or they wouldn't be exploding their heads over this issue. One of their moderators who calls himself Mick referred to these reputable medical studies as garbage. Another responder known as Broken Record called these studies crap. I suggest they take two aspirin and call me Dr. Dustoff in the morning. They also rail against veterans using paid for outside doctors opinions to support the vets claims and appeals when in fact Broken Record the VA adjudicators routinely use outside paid for doctors opinions who have never examined the vet or interviewed him/her to render an opinion on the vets disability claim. What is good for the goose is good for the gander for you dip sticks. The lifers also gripe and complain about non lifer vets with VA disabilities are now allowed to shop at onbase military PX and Commissary and to use the base recreational facilities. Here are just two of several Federal Appeals and CAVC court decisions written in plain english agreeing with what I said above. Federal Appeals Circuit court in Hensley v. West, stated: "A veteran with a competent medical diagnosis of a current disorder may invoke an accepted medical treatise in order to establish the required nexus; in an appropriate case it should not be necessary to obtain the services of medical personnel to show how the treatise applies to his case." Hensley, 212 F.3d at 1265 (citing Wallin, supra). End of story and my advice to the jokers on the other forum is to get over it and get a life.
  10. In 1985 at Temple, Texas VA hospital undergoing treatment for Vietnam PTSD the rude and crude VA medical staff implied I was only an alcoholic and had a personality disorder and discharged diagnosed me with also histrionic traits with only brief mention of PTSD. However the VA C&P Examiner plus Army and other VA medical records confirmed my PTSD only with self medication for alcohol abuse and I was SC for only PTSD. Bottom line is some of these VA medical staff will sometimes try anything on you because they are jealous or don't like something about you. Most are professional tho. Back then it was great sport by many VA staff and civilians to humiliate and mistreat Nam vets at every opportunity.
  11. The VA will only service connect a vet for one mental disorder regardless of whether it is PTSD, OCD or Depression or BiPolar or whatever the VA calls it. The problem list that VA MH doctors and nurses and social workers and even MH pharmacist write up can include and do all sorts of info about your current and past conditions and sometimes they may not list PTSD as the first mention in your present situation. Your diagnosis of PTSD from VA shrink is the main item of interest to VA adjudicators and other mental problems mentioned in your problem list usually helps and supports your main PTSD diagnosis. I certainly know this from my recent and 30 years plus experience in being diagnosed for PTSD by VA shrinks, psychologist, MH nurses and MH social workers. Taken any documents (copies only) of any medical notes from VA and others that you think will help you in interview with your DRO including family doctor PTSD diagnosis as additional weak supporting evidence. You have strong case for continued PTSD SC disability.
  12. If a VA psychiatrist or VA psychologist with PHd in Clinical Psychology has ever diagnosed you with PTSD then you are good to go and show this documented info to the DRO even though they are SUPPOSED to have access to your VA medical records and exam results. If only your family doctor has ever diagnosed you with PTSD then the VA will not SC connect you for PTSD. I think I understand your question but maybe not. My info is not legal advice as I am not an attorney, paralegal or VSO
  13. The stubborn VA may still require some type of proof on your part as to correct dates is why I made my earlier post as my methods have worked for me in the past. Doing everything by the book and CFRs does not always work with VA but plays into their hands but former military members like me were brainwashed extremely well in the service. Well now BG I am a civilian for over 30 years and have reminded VA of this on several occasions. Sometimes you simply have to think outside of box and try different approaches at the same time. Again it has worked for me.
  14. I have not read other responses but out of desperation you could contact the VBA Central Office Undersecretary for Benefits and your congressman and tell them you have proof (copies) of documents with the correct dates (if you have them) and of course ask them for their assistance. It is pure BS if a VARO VSR tells you they cannot see your C-File or at least part of it on their office PC. There is a pro bono National Legal Veterans Consortium of free veterans disability lawyers that may be of assistance. They are listed on the links page of the CAVC veterans court website. Give the DAV or another VSO another try at assisting you. Many inquiries by other persons may get the ball rolling. Good luck to you.
  15. In addition to calling the helpful 1 800 827 1000 help line I also sent short one page letter to VA Intake Center in Janesville, WI and also same letter to adjudicators of local VA regional office and within one week my incorrectly closed appeal on Ebenefits was shown as open. I have learned over 30 years of doing this to try everything at the same time and it usually works for me.
  16. More than a few VA doctors need to be fired and run off and not just transferred to another region. In 2000 and years 1985 to 91 there were several psychiatrist that were extreme bad actors to me and other vets. One was found guilty in 2000 in an Austin Travis County Court of law with multiple sexual assault against VA staff and vet patients. He tried some hanky panky with me and I left immediately with a threat to report if he did not give me my important medicine. Six months later he was convicted. After his conviction his wife divorced him and his son drove a car over a cliff in Colorado. In 1985 the Chief of psychiatric used me and other vets as a cruel training aid in front of room full of medical students at Temple, Texas VA hospital and other patients and visitors, staff were able to view us thru one long window facing the hallway. He moved or transferred several years later to Arizona where I am happy to say he died at age 62. As most of you know this is just the tip of the iceberg.
  17. As I and other experienced vets of many years have said give the help line a call at 1 800 827 1000 and they may be able to assist in finding out status of your claim. They have been most helpful to me and many others on numerous occasions in very recent times like yesterday. You may be put on hold before you can speak to someone and then they may put you on hold as they access their VA computer data bank on your behalf. You will need to give them date of claim and C-File number, last four of SS and DOB, etc. If you have a competent VSO he or she can also access the VA VBEMS system to answer your questions. MY info is not legal advice as I am not an attorney, paralegal or VSO.
  18. Over the years I have read many BVA decisions granting veterans service connection for OSA Sleep Apnea as secondary (caused by and or aggravated by) PTSD and this includes those vets that have weight gain and or overweight. Although not binding on the VA the reasoning and wording in the decision by BVA law judges can help you to properly word your claim/appeal. As stated by the others a good quality IMO opinion from one of your treating doctors or a private doctor will greatly improve your chances of successful appeal. Note it is very common for VA raters to ignore any and all strong evidence including IMO opinions you submit and deny your claim forcing you to appeal where you have a good chance of winning appeal on same evidence that the initial GD VA raters ignored. If you cannot obtain an IMO from a doctor (common) then you will have to go like we did in the old days with only your diagnosis and medical treatment notes from VA, private and or military medical records to submit in the claim. Even with an IMO you still need to submit these other records with claim just in case VA raters want to say you did not submit evidence or that there is no evidence and they do this constantly. There is another low life veterans benefits forum run by active and former VA raters, DROs and VSOs that always constantly tell vets that they cannot win OSA claims and are not entitled to OSA service connection if they are overweight and this is just plain lying BS. Following their advice on this and other issues is like following advice from an opposing lawyer in a courtroom. Many vets including myself have paid for private IMOs in recent years. My info is not legal advice as I am not an attorney, paralegal, or VSO
  19. Very often for many of us both VA.GOV and EBenefits websites info is confusing, not up to date, delayed or just plain inaccurate. For example in the USPS mail I have received the hard copy decisions before Ebenefits posted the final decision on my web page. This has happened at least twice and on another incident Ebenefits falsely showed my appeal as closed when it was not. I was able to correct this by calling Henry at 1 800 827-1000 and they fixed it within a week. As GBArmy said nothing is for certain until you get the BBE (big brown or white envelope) from VA in the mail. My info is not legal advice as I am not any attorney, paralegal or VSO.
  20. Congratulations on your win and yes quite often Ebenefits and VA.GOV websites put out conflicting, delayed and inaccurate confusing information and Peggy at 1 800 827 1000 was very helpful to me. You were right in getting confirmation from Peggy. HOWEVER, nothing is for certain until you receive in the USPS mail the actual hard copies of decisions, appeals confirmation and or other items from VA such as forms that may need to be filled out. For the benefit of broken record my info here is also for other vets in addition to this OP. Regards.
  21. Richard, Vync, Broncovet, Vetquest and I have given you experienced advice and thank you for your question.
  22. In order to obtain IU it would be helpful to argrue that all you sc conditions render you unemployable and then in the next paragraph argument to select that condition/s you think renders you the MOST unemployable. For example only if you have 70% PTSD and 30% for Heart Disease and 10% for something else then you could argue with your best medical and other evidence that it is your PTSD that renders you the most unemployable for a TDIU claim or you could simple forget TDIU and file for an increase on one or more of your or combined total conditions for an increase to 100% scheduler rating. Your choice My info is not legal advice as I am not an attorney, paralegal or VSO.
  23. Well are you rated at near 100% and what is your total combined ratings. TDIU or IU is a possibility if one or more combined disabilities cause you to be unemployable from any type of gainful employment. Need more detailed info from you to more correctly answer your question. 38 CFR 4.16 will give you exact ratings you need to be eligible to apply for TDIU along with other criteria.
  24. Very good advice from Buck and I will say to keep a copy/s of your online filing on VA Ebenefits or VA.GOV and also copy of anything mailed by Certified return Receipt Mail via USPS to the VA Intake Center at Janesville. Sometimes VA will claim they did not receive or have evidence of vet sending anything to them and CRF mail is your evidence that you did according to a CAVC court judge who ruled in my favor on my CUE appeal to his court in 2005. I have not read all responses to the OP post so this may have been already been mentioned. If so my sincere apologies to broken hand or broken records etc., etc.
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