Dustoff1970

With a BVA appeal you need to select the evidence submission option and not direct review option as the evidence submission allow you to submit new and/or material new evidence to support your claim/appeal. You have 120 days (??) to submit the new evidence to bva after they acknowledge receipt of your appeal. With a direct review option you cannot submit new evidence to the BVA. Important. You must also at the same time of new evidence submission request the BVA judge to evaluate the new evidence at the BVA and not send it back to VARO for their adjudication as this will greatly delay your BVA appeal and the VARO probably will again deny your new evidence and claim. This is what I have done successfully on two separate BVA appeals since 2017. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

At the bottom of your box for posting a topic you will see the option to drag and drop your computer file/s under the choose files link. Click on this link and when your file explorer on your PC pops up you then enter the search term for your file in the document search box and then click on the sought after file and it should then upload to the topic box you are posting in. You must designate in file explorer if you are searching in documents or pictures.

Since you are already 100% P&T for many years then if you receive one or more additional rating adding up to at least 60% for a single or combined disabilities then you will automatically qualify for additional SMC-S monthly rating that pays well over $300.00. The additional rating or ratings would have to be separate from your now existing disabilities. In other words different body parts or conditions such as GERD being separate from PTSD and Sleep Apnea and different from/than heart disease. I believe your VSO may be wrong in this and others can provide you with more info and the relevant 38 CFR regulations and 38 U.S. Code. I am sorry for your cancer diagnosis as I am also a Nam vet with AO heart disease. Good luck. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Since you have a current diagnosis of this presumptive condition and the VA even concedes you have been exposed under the PACT ACT and you have this presumptive condition then with copies of all the medical and non medical evidence you will have to do one or all of the following procedures. 1. Get even more medical evidence from another specialist VA or private basically stating the same thing in a medical independent opinion that you have this presumptive condition and it is due to the exposures in the Gulf war. You can use this in a Supplemental claim and later in a BVA appeal if necessary. AND/OR 2. Ask for a VARO senior rater HLR review based upon all the medical and other evidence of record now before the VARO raters and of course contest their denial decision in your HLR request. You have 1 year from the denial decision date to file a Supplemental and/or HLR. AND/OR 3. File an appeal with the BVA based upon all the evidence of record (ROA) and any new and/or material evidence you may obtain. You also have one year to file a BVA appeal. AND/OR 4. Find an experienced qualified DAV, VFW, Legion, AMVETS or Purple Heart VSO at a VA regional office to assist you with your claim/s and/or appeal/s. Their services are free to vets. My experience has been over 30 years that asking for DRO and HLR senior rater reviews has been a waste of time as they simply rubber stamp the existing VARO denial. Your mileage may vary tho. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Yes I learned a long time ago that there is more ways to skin the VA cat. One method I use is the art of overkill by sending in redundant copies of my medical and other evidence to drive home a point of contention, fact or argument. This is just one way I think outside the box and ignore certain VA rules and normal procedures. There are many other tactics I have used mostly successfully. Did require much extra work on my part but I enjoyed it. Since 1998-2000 I was P&T TDIU and then in 2017 upgraded to 100% P&T with SMC-S with no assist from VSOs or lawyers. I do have respect for some veteran attorneys such as Ken Carpenter but I never needed or wanted one.

You are correct. However I said for him to send copies of the existing evidence that they already have in the claims and medical folder in order to get there attention and to support his HLR review request. This is what I have always done with DRO and HLR reviews . In the old days they would sometimes return my copies with the word Duplicate stamped in red ink but this did not hurt my appeal procedures. I usually had to appeal to the BVA anyway and the BVA did right by me unlike chicken chit VARO raters. In other words no harm no foul and is strictly optional for each vet. May or may not help change the mind of the senior rater reviewer. Probably not. Just a long shot with another bite at the apple.

You can file an HLR review claim and highlight or emphasis in written argument/contentions the important evidence you consider that they overlooked or disregarded when they determined your rating level. Include copies of the important medical and other evidence with your review request even tho the VARO raters should already have these medical documents before them. If you have new and/or material medical evidence since their decision was made you can and will have to file a timely Supplemental Claim with this new evidence to support your claim and ask for increase at the same time. You have 1 year from VARO decision claim date to file an HLR and/or Supplemental or you can appeal to the BVA and skip the HLR and Supplemental. Remember you have one year to appeal to VARO or BVA. An experienced VSO at a VA Regional Office can be of assistance to you in this matter and their services are free to the vet. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

yes what is it you are claiming or asking for??? More info needed.

For a long time there has been conflicting opinions on the value of GAF scores in MH DSM I thru V manual among the experts in private and government/VA psychiatric profession. Since 1998 I have been continuous rated at 70% Nam PTSD and before that 30 and 50%. Been P&T since 2000. From 1985 thru 91 and into 2000 the GAF score was considered by VA shrinks, examiners and VARO raters to be of extreme importance in determining the level of disability MH ratings. My GAF always fluctuated a great deal with each shrink visit and C&P exam. In 1998 my GAF was not considered severe but my other VA/private medical treatment notes, diagnosis for long period of time was considered serious and therefore the 70% P&T TDIU rating in 2000. Then it was very difficult to overcome a low GAF score and now days it is just one of many factors the shrinks, examiners and raters look at. Very little importance now as it has always been only a brief snapshot in time of the patient,s MH functioning. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

A suspense file as in no longer active or closed out??????????

After 30 years of attending C&P exams and filing claim and appeals I have learned the only way to offset or counter a negative or no C&P exam is to provide medical and/or other evidence that you have a current diagnosis from MD or Specialist of your claimed disability and that this disability (proof) is due to your prior active service. There are many types of proof and ways to obtain this proof such as military medical and service records showing treatment or diagnosis in service and/or exposure to incident in service or to toxins at your service location, etc. etc. VA and private medical documentation is also very helpful of treatment, diagnosis, prescriptions and usually necessary for a successful claim. Another way is to claim you disease or injury is due to or secondary to a VA service connected disability that you may currently have. Will need an MD or Specialist to provide this nexus or good solid medical treatment and/or diagnosis records. An example is if you were in the Vietnam war and country at any time with boots on the gound then VA assumes you were exposed to Agent Orange chemical toxin and there are now many disabilities recognized by VA due to AO and all you need is proof you were actually there in country or on a Navy Blue Water ship close to the coast. There are other locations and times where VA will assume you were AO exposed if you were there during those times. The recent PACT ACT also list many diseases that vets develop that were due to ME burn pits, etc. Check it out with a google search. A qualified and motivated, experienced DAV, VFW, Legion, etc. VSO at a VA regional office can be of great assist to you with a claim/s. Their services are free. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

As a sufferer of left shoulder and arm painful Calcium Tendonitis I have both good and bad news for those who have been diagnosed or suffer from this common affliction. A very recent medical article at bottom of Newsmax news feed states that the long time normal treatments to cure this painful problem is useless and that in most patients the calcium deposits and pain go away after a long period of time. This is exactly what occurred to me. For at least a year I suffered from this chit and could not move my left arm in any direction without moderate to severe pain and then whoa the pain went away over a month ago and everything is back to normal. I did have a useless cortisone shot injection that only provided a few days of relief. Also went to VA rhab and learned the proper type of exercise to relieve the symptoms that I never did but instead continued to exercise my arm doing normal things in spite of the pain with no real stress on the arm or shoulder. Here is link to the article as of today. Common Rotator Cuff Treatments Found Ineffective https://www.newsmax.com/health/health-news/shoulder-rotator-cuff-pain/2023/10/13/id/1138151/

I have never seen this on any of my VA claims documents or extensive C-File of over 30 years and is a good question and thanks for asking. I will send you a PM now. As I recall vaguely from many years ago as accountant a drop file in government slang means inactive. Just a guess.

Good advice from Rattler. I also have in the past of many years ago sent in one or the other in order to get their attention on my appeal. 1. a very polite respectful letter of inquiry about the long delayed appeal. Make sure you sent the letter to the designated BVA mail address and reference numbers on their correspondence they sent to you acknowledging receipt of your appeal and you may even have a document number to go by. OR 2. Even tho time may have expired I have sent new, or repeated duplicate evidence and/or argument contentions to the above BVA judges in the form of a STATEMENT IN SUPPORT OF APPEAL on form 4138 (now superseded) just to draw their attention back to my appeal. No harm or foul and may or may not work. Nothing to loose except your extra time and work. OR 3. A VA regional office VSO may make inquiries to BVA on your behalf. They charge nothing to vets for their services. Key word is MAY. My comment is not legal advice as I am not lawyer, paralegal or VSO.

So many variables. I was this year within 6 weeks awarded by VARO 60% for GERD, 10% for Tinnitus and 0% for Agent Orange Nam Hypertension (HTN). All separate exams conducted by QTC and they immediately sent results to the VARO raters. Also a year ago I attended C&P exams with LHI for heart disease increase claim and it took a longer amount of time for them to send info to the VARO. However within that same year the BVA granted me an increase from 30 to 60% on my appeal for the heart disease increase. So their delay did not harm me. I suspect the amount of workload for each examiner determines how quickly they send in the results to VARO.

very important

Since 1998 I was rated 70%PTSD with P&T TDIU and have over the years researched this topic extensively. If you loose your TDIU rating due to VARO raters believing you are employable then you should still have the 90% rating in place unless VA raters believe one or more of your disabilities have improved based upon a full and comprehensive C&P exam. Current and former VARO raters, DROs, and VSOs on another forum said VA raters look for a pattern of TDIU vets working (earned income) in amounts below the poverty threshold in order to evade or avoid exceeding the yearly income limit for TDIU. In other words deliberate structured employment income amounts and this sends a red flag to them. The IRS in sharing agreement with VA sends any and all reported earned income amounts to the VA on TDIU vets regardless of how small the amount of dollars. Regardless of favorable U.S. CAVC court decisions on TDIU vets earned income limits the VA raters may still terminate your TDIU benefits requiring you to appeal their incorrect rulings if they conclude you are capable of gainful employment. For more information on this read the CAVC court precendent decisions about this subject. Roberts v. Principi (2006??), Ray v. Wilkie (2019), Faust v. West, 13 Vet. App. 342 (2000) Feb. 15, 2000 · United States Court of Appeals for Veterans Claims · No. 98-100 13 Vet. App. 342 and I will search for the other court decisions. Since 2017 I have been upgraded to 100% P&T with SMC-S. I never attempted any type of work while holding the TDIU rating. Not worth the risk. My comment is not legal advice as I am no lawyer, paralegal or VSO.

Often the ****raters do not give a reason for the deferral and therefore leaving the veteran hanging in the dark. Situation Normal sorry to say.

There is a very recent discussion on VBN of codes like those appearing on veterans VA.GOV personal web page regarding disability claims. According to the VA raters and a VSO those codes are not used by VA VARO raters/adjudicators and are a third party software designation that runs/control the website and have no significance to your claim. They do not know what the codes mean say they. A good question and maybe someone knows a correct answer. My comment is not legal advice as i am not a lawyer, paralegal or VSO.

In the 80s and 90s the JSRRC was of tremendous assist to me in filing claims for Nam PTSD and other issues such as update and upgrade Nam medals to include Purple Heart, CMB, etc. The document evidence they sent me was immediately accepted by the VA claims adjudicaors and VA MH Clinic. Goodby old Paint.

Vync is very correct in his reply. Since 1985 and 1998 I have practiced the art of overkill in filing my many successful claims and appeals. I would list all my VA and private diagnosed disabilities on the form and let the VA raters sort it out. Those you know for certain covered under Agent Orange/Pact ACT you can state so on the form in capital or bold print. Just to be sure if you have any send copies of all your medical evidence from VA, private and military you have with your claim plus additional evidence you were boots on the ground in Nam or Blue Water Navy close to the coast. There is a long list of evidence documents to prove you were in Nam such as DD 214, unit orders, reports, combat badges and medals, payroll pink slips. mail to you in Nam, location photos with you in them, etc. Although you are presumptive for Agent orange i have never assumed the VARO raters will have this in my/their files or acknowledge such and sent my own above evidence with successful claims for AO. Always worth the extra work for me. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Since 1985 I have had Nam combat PTSD ratings from 30 to 50 to 70% and P&T TDIU now with SMC-S and 100% P&T combined. At no time have I ever seen the words or code in my files and VA documents stating my PTSD was due to combat. Must be something new. Just saying

Effective as of 2017 I was upgraded from 1998 P&T TDIU to 100%P&T with SMC-S and there is no longer any mention in my file or VA.GOV of a TDIU rating for me. Just saying.

Decades of frustrated veterans filing well grounded claims with solid evidence to be then denied (often quickly) by VARO raters may be due to U.S. Supreme Court rulings of old and even recent. For example. As the Supreme Court explained in NLRB v. Noel Canning (2014): “The longstanding ‘practice of the government’ . . . can inform [the] determination of what the law is.” That is in line with James Madison’s view that “a regular course of practice” can “liquidate and settle the meaning” of ambiguous constitutional provisions. Also. The Supreme court ruled in Chevron v. Natural Resources Defense Council Inc., 467 U.S. 837 (1984) Under Chevron, a court defers to agency interpretations of ambiguous statutes, as long as the judge finds the interpretation to be reasonable. If the court limits or upends the Chevron doctrine, the ruling would pull back the leeway that agencies have had in interpreting statutes. Often veterans such as me have to win our claims on appeal to the BVA and/or U.S. CAVC veterans court based upon the very same solid evidence in our well grounded claims that was denied and should have been initially approved at the VARO adjudicator level. "Delay and Deny or Die" or go away is a well founded opinion among many vets regarding VARO claims raters. Benefit of the Doubt rule under 38 CFR and 38 US Code allows a great leeway for the senior VA raters in their SUBJECTIVE judgement regarding our claims and they take comfort IMHO in the above court rulings when denying our disability claims. At least several times over many years the VARO has falsely stated I provided no evidence to support my claim that I then won on appeal. Supposedly the current Supreme court is reviewing the Chevron decision (reevaluating it) in some present cases before the court. We will see. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

According to current and former VSO, VA raters on another forum the attorneys are in no hurry and drag things out in appealing your denied decision as they supposedly benefit financially from this. How I do not know and may be more BS from the other forum. Someone who has used an attorney may provide more info.