Dustoff1970

This may have already been said here but many years ago I heard it repeatedly said on other veterans forums that no Vietnam era veterans records were lost in the 73 fire but only WWII and Korean vets were affected. I have not heard or seen this from official sources tho.

Thanks guys for agreeing with me and this new AMA/RAMP system has already screwed me up on appealing a secondary and an increase claim and I may or may not have to do a reopen claim which is the intended result by VA of introducing this new phony faster system. It is faster sometimes on DENIALS. So far my grants and denials have taken a perfect year under this so called new system and this is about same as many years ago for me under old legacy system. Within past year I have received a denial and soc on an increase claim and both use almost word for word the same wording except the soc added a short paragraph of further justification for denying my increase claim. Again this same as old system but they add more wording and more detailed listing of evidence they supposedly considered. But this is as I expected. Most of time when I and others win our claims on appeal it is based on the same evidence and arguments we used in our original claims to the VARO. That tells me a lot about the whole ******* VBA claims system right there. DELAY AND DENY UNTIL YOU DIE. I am 73 year of age.

Thanks again Vync. I will check it out and learn something new.

Well you can delete my post as it is okay with me as we all know from our years of dealing with the VA how their game is played. I don't do blogs as I don't how to do blogs but it sounds like a good idea. Thank you for your suggestion mate.

For over 30 years of filing my own mostly successfully claims and appeals I have this to say. Among your many arguments and evidence in your appeal including lay statements of a VARO and/or BVA denial always make the argument for the official appeal record that the VARO/BVA disregarded/ignored your lay evidence and other evidence you (hopefully) submitted with your claim and again with your appeal. Even though VARO may or may not list your lay and other evidence in the listing of evidence section of the denial decision they still can and do choose to ignore or discount your favorable evidence when they want to even tho they may briefly mention your evidence (it is mostly a BS statement to cover their arse on their part). Upon appeal of the denial the courts and BVA will often note that the VARO rater or BVA law judge did in fact disregard or discounted or ignored the submitted evidence in spite of them quoting the presumption of regularity BS. Never assume the VARO has the important medical and other evidence in your file before them but send in your own copies of this important evidence to them with your claim (if you have the copies). Never send the ********** any originals of anything. Always use certified return mail as proof of mailing. It works as I know. I have had the VARO return duplicates of copies I sent them on my claims and asking me not to resend them again. They place a big red D on each copy but I then know almost certain they have the evidence for sure and I keep a copy of their pleading request as proof they received the docs. When I file a claim and/or appeal I ALWAYS throw everything upon the wall to see what sticks and it has worked for me. I don't give a rats *** if this makes some overpaid guvment puke unhappy as I assume they are going to deny my claim anyway and I don't care about their hurt feelings. Better too much info than not enough info. Yes the courts and BVA has stated repeatedly that the raters do not have to discuss each piece of evidence but I still make the above arguments in first paragraphs. The above info is not legal advice but only the personal opinion and experience of myself as I am not an attorney, paralegal, VSO or veterans advocate.

Everything you just said in your last post should help him receive a higher rating such as TDIU or 100% however, you have to document all this with eyewitness statement letters from you, other people and/or bosses and/or co workers detailing his actions and attitudes. These statements from you and others is considered evidence for claims purposes and also show to the examiner. Very important you get copies of his hospital stay treatment diagnosis and his VA therapy sessions to show ongoing need for PTSD treatment and for increase in his disability rating. Copies of his PTSD medications are also important for claim increase, etc. See my last post before this one for more info. Good luck. Above info is not legal advice as I am not an attorney, paralegal, VSO or advocate but posting my own personal opinions and experiences here.

You can send and receive messages to your PCP doctor and pcp team on your myhealthvet account if you have one. Just find the message tab and post your question. In order to set up a premium myhealthvet account a vet must go in person to VA hospital or clinic so they can verify your ID and they will assist you in setting up the account. This is way it was done for me in 2013. Setting up a password for ebennies and VA.Gov is a bit more involved than with other websites password requirements. I too had difficulty initially. It is very important to carefully read and follow involved instructions on ebennies to create a password as I had to write a list of their requirements for creating the PW. Once you have created a PW for ebennies then you can use this same one to log onto VA.Gov. However VA.GOV will then send you a test message to your phone with an 4 or 5 number code you will then have to add to your login info. The code is only good for about 10 minutes then you will have to start all over. For username you can use your myhealthvet username if you have a myhealthvet account. When logging onto ebennefits you will have to place a check mark in the small box above the paragraph in bold type just above the username and password blocks. I know this is as clear as mud but best I can do. Good luck.

Based upon my 35 years of experience filing my own VA claims and appeals here is my experience and opinion. From 1985 to 1991 I was service connected for Vietnam PTSD and almost every year I was called in for a VA C&P exam with a very hostile or indifferent Texas VA examiners. In last 2 or 3 years my PTSD rating was reduced and then terminated and my worthless older VSO did absolutely nothing to assist me or appeal or contest the rating and reduction in spite of my receiving frequent treatment and medications for PTSD at two VA hospitals. In 1998 I filed on my own a reopened combined PTSD and TDIU claim and underwent a more thorough professional C&P exam in Nevada VA and received a 70% PTSD rating with IU payable at the 100% rate. It is very important that your hubby continue to receive medical treatment and medications for his PTSD from the VA or private doctors and to document all this treatment and medications with copies so that you can contest or oppose this reduction if it occurs. The VA has to send you a notice of proposal to reduce and then you have 60 days to respond with your arguments. Hopefully you have a very good, experienced and motivated VSO to assist you and him in this endeavor. As to your current scheduled C&P exam (if any) he/you should make notes for him to take to exam showing his continued difficulties with PTSD and dealing with people and family and friends and fellow employees (if any). By now you probably know the recognized VA medical symptoms for severe PTSD and he should take copies of above medical treatments and medications to the exam to give to examiner. Do not ever give VA any originals but only copies. From 1991 to 1998 I received no treatment or medications for PTSD but I explained why in my written reopened claim and also to the examiner in person and gave him a prepared folder with my PTSD struggles history for past 8 years and I was granted 70% PTSD with TDIU in 2000. In 2003 my TDIU was made P&T now for over 20 years. For just about any reason VA can and routinely does call in vets for yearly exams for any and all disabilities. This is your chance to argue that his PTSD has worsend and maybe examiner will give a favorable write up to justify a higher rating than 70% such as TDIU (Unemployability) but only if he is not employed at present time. There are many arguments you can put forth in your exam and claim for this increase request. I am not an attorney, paralegal, VSO or advocate and above info is not legal advice but only my own experiences.

Setting up a password for ebennies and VA.Gov is a bit more involved than with other websites password requirements. I too had difficulty initially. It is very important to carefully read and follow involved instructions on ebennies to create a password as I had to write a list of their requirements for creating the PW. Once you have created a PW for ebennies then you can use this same one to log onto VA.Gov. However VA.GOV will then send you a test message to your phone with an 4 or 5 number code you will then have to add to your login info. The code is only good for about 10 minutes then you will have to start all over. For username you can use your myhealthvet username if you have a myhealthvet account. When logging onto ebennefits you will have to place a check mark in the small box above the paragraph in bold type just above the username and password blocks. I know this is as clear as mud but best I can do. Good luck.

To be safe I would file a separate CUE only with the VARO on your just stated issue. However if the BVA has already made a decision with your first CUE on the same claim you may have to file the CUE motion with the BVA as the BVA decision subsumed the VARO decision. It is complicated as hell if the BVA has already ruled on your first VARO CUE claim. If you did not appeal your VARO CUE claim to the BVA then I would go ahead and file another CUE claim only with/to the VARO as a separate CUE claim and not add it to your first CUE claim. That won't work in my opinion. According to VA rules and court rulings you must be very detailed specific about the errors and violation of laws/rules the VARO committed on your original claim for your CUE claim to be accepted later by BVA. The BVA and CAVC court will not accept a CUE motion/claim that list only a vague statement of error/s you allege and they will reject it with prejudice unless your are a pro se vet then you will have to refile a better prepared CUE motion with very detailed listing of the errors. (start all over again). One example of a CUE error is if there were important medical records in your service medical records that were not before the VARO when he/she made their decision on your claim then this could be CUE. This may also apply to VA medical records that was not before the rater at the time of his decision but should have been. You of course may have to prove this by careful research and reading of evidence listed in the VARO decision. Representing myself in 2005 I filed a CUE Claim/appeal all the way to the U.S. CAVC veterans court and won a remand after having been denied by both VARO and BVA. Way too much hassle at my age for me to ever do it again all the way to the court. I would use a qualified lawyer next time. I am not an attorney, paralegal, VSO or advocate so therefore the above info is not legal advice but only my personal experiences.

I would guess it would show up on ebennies as a regular claim with a very brief note of issues. You can file multiple CUE Claims with different contentions about your claim to the VARO at anytime with no time limit. For instance if you discover other CUE errors on same claim then you can file yet another CUE to the VARO. However you can file a CUE claim/motion about a BVA decision only one time per claim and you must file BVA CUE motion directly to the BVA and not the VARO. Strict requirements for CUE motions is that a vet must be very detailed specific about the CUE error/s as BVA will dismiss with prejudice a motion that contains only vague reference to a VARO or BVA error. Also must accurately described which rule or law the VA violated in denying your claim. Courts require BVA to sympathetically read CUE claims by Pro se veterans representing themselves in their CUE motions/claims and not dismiss with prejudice a pro se veterans CUE motion for lack of specific details about the errors committed but is better to always be very detailed specific in describing the alleged errors committed and laws/rules violated. Dismiss with prejudice means a vet cannot file the CUE motion again.

Back in 80s I was recommended for the then new inpatient PTSD program but did not attend as it was many states away from my home in Texas. I would recommend anyone following doc advice and attend if you can do so. As a side note being recommended for this program is considered for claims purpose to be indicator of severity of PTSD or whatever and can help you in obtaining a higher disability level. Get everything documented and save a copy of recommendation as medical evidence for claims purpose. First priority of course is to get well and follow doctor's advice then worry about filing claim later. I still have copy of the inhouse PTSD program application form that I did fill out for claims purposes.

If a vet feels he must use a VSO then I would use only an accredited professional VSO that is located inside of VARO regional offices and do this full time for pay. However some if not many of them are full of prejudicial opinions of other vets. For example in 1985 on my first claim I used an older Korean War DAV rep at Waco VARO with an indifferent to hostile attitude toward me as a younger Nam vet and he did nothing for my claim. I did receive a 50% PTSD rating because I took things into my own hands and years later filed a CUE claim in 2000 that I won as a pro se vet before the U.S. CAVC vet court thru a remand awarded me many years of 100% P&T back pay due to 1985 to 91 VARO CUE errors. In 1973 I entered a VFW post in a large city and was told to get out by a much older drunk vet running the post who told me Nam vets were losers and dopers. At that time I was flying as a part time civilian helicopter pilot for the Texas Governor and serving as a assist training officer and pilot in the Texas Army Guard with a letter of commendation from the CG of the Texas Guard. Based upon my unique personal experiences I have a low opinion of most VSOs with only one exception in 1998.

Having read a few comments on this thread I have this to say from 35 years of experience mostly successfully filing my own claims and appeals. All Bva and U.S. Cavc veterans courts decisions are public record and every year the courts and bva has found thousands of errors in thousands of VARO and BVA decisions by both VA raters and BVA law judges. Year after year these raters and judges make the same type of common errors in their denials over and over for over 35 years. These errors are NOT accidental errors but intended and intentional for obvious reasons. The U.S. Government and politicians do not want to pay for the full cost of their constant and many never ending wars for decades. All of my claims and appeals were based upon medical treatment records and both weak and strong C&P exam diagnosis from indifferent to hostile examiners both real doctors and PAs. It was not easy. No GD VA doctors were willing to write a formal nexus letter on my behalf and only my family doctor wrote such a letter that the GD VARO ignored. Another private heart specialist also refused but his test were extremely helpful to my claim so I still use him. In spite of this lack of cooperation from lazy doctors and their staffs I still prevail in my claims and appeals and this battle with VA is still ongoing today. I have never been a teacher's pet and never a member of a pet group. I only read the first sentence of apologist opinions for the VA raters and C&P examiners and then move on. In the army we had a saying for these apologist.

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!!!!!

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.

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).

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.

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.

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.

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.

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

More bad luck for many vets. Will someone give us a break.

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.

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.