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Hucast21

First Class Petty Officer
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  1. Thanks
    Hucast21 got a reaction from Chris Barnes in Appeal To The Board   
    Get an attorney.
    At least you know if an attorney takes your case, there is a good chance he or she see an approval/win.
    edit: if memory serves me correct, law firms have a higher winning percentage for appeals than VSOs.
  2. Like
    Hucast21 reacted to GBArmy in BVA Error   
    63 Charlie I don't know what forms you need to do, but I would be looking for some other legal representation. That is exactly what his function is; to figure out legal hurdles. You might  not get another legal group to pick up the slack, but I would be ripped.
  3. Like
    Hucast21 reacted to kanewnut in BVA and M21-1MR   
    I have had to use this for my TDIU. They have repeatedly used the fact that I quit to deny me. 
    IV.ii.2.F.4.c.  Factors Not Affecting IU Determinations
     
    Determine whether the severity of the SC disabilities precludes the Veteran from securing or following substantially gainful employment. 
     
    The following factors have no bearing on a determination of whether SC disability renders a Veteran unemployable:
    age
    NSC disabilities
    injuries occurring after military service
    availability of work, or
    voluntary withdrawal from the labor market.
  4. Like
    Hucast21 got a reaction from MarkInTexas in 100% P&T - Microphone Drop   
    Congrats!!
  5. Like
    Hucast21 got a reaction from GBArmy in supplemental acceptable records   
    Those are not the magic words.
    Rewrite it with this: “After a review of pertinent records, it is my professional opinion that it is at least as likely as not that Mr. ****** condition is secondary to his psoriasis.”
    ”Highly likely” without comparing it to something else is subjective.
    Always remember this when it comes nexus letters:
    is due to” (100% sure) “more likely than not” (greater than 50%) “at least as likely as not” (equal to or greater than 50%) “not at least as likely as not” (less than 50%) “is not due to” (0%)
  6. Like
    Hucast21 reacted to WBrennan in How to appeal denial > 1 year? ER visit not in SMR C-File so denied. I just found my ER Visit paperwork   
    just submitted my request for s higher level review.  Requesting a 10% rating for pain/arthritis and the bilateral for my left knee.  I will update everyone in about 4 months. lol. 🙂
  7. Like
    Hucast21 reacted to Army57978 in Next step after BVA grant   
    Hi. 2 weeks ago I noticed on va.gov that my appeal says granted but I know that really means little and I am potentially a long way from the finish line. I researched the forum and know what to expect now but could not find an answer to these questions:
    1. My appeal was for an increase in rating from 0% to 50% for one issue. My SC date already showed the correct date back to the beginning of my claim although at 0%. The only thing my appeal asked for was the rating increase on 1 item. Usually, after BVA I know it goes back to the RO to figure out a rating but since my appeal was for a rating do I go back to the RO as well, or is there a different box for the kind of decision?
    2. Also, I was granted to be advanced on the docket for homelessness. Does that only apply to the BVA ruling or will that follow me through the rest of the process and somehow expedite that as well? 
     
    Thanks
  8. Like
    Hucast21 got a reaction from MarkInTexas in Question to forum members who have a high percentage disability rating (80% or more)   
    Yah, I just feel bad for my one friend though. He seems to have a new woman every other month...
    Has a house paid off and drives a corvette but is lost like I said.
  9. Like
    Hucast21 reacted to MKAH in Migraine Claim approved at 50% today after BVA remand   
    Hi Hucast21,
    See the timeline below for the Migraine claim.
    Looks roughly like:
    6  months for the claim to first denial
    10 months for the denial SOC on the NOD
    6 months for BVA approval
    10 months for the RO to perform a C&P
    3 weeks for RO to rate disability and send me notification via E-Benefits.
    I called the VA "Peggy" on the 800 number.  She said from her view, I will be receiving multiple retro payments, but they are still in the approval process.
    My PTSD claim has been ongoing since 11/14/15.  I have received a C&P via a remand from the BVA for the PTSD (see below link).  However, I am still waiting for the RO to determine service connection or not.



     
    VA sent you a claim decision
    on July 12, 2018  
      VA received your Notice of Disagreement
    on July 30, 2018  
      VA sent you a Statement of the Case
    on May 28, 2019  
      VA received your Form 9
    on June 14, 2019  
      Your appeal was sent to the Board of Veterans’ Appeals
    on July 20, 2019  
      Board of Veterans’ Appeals made a decision
    on January 09, 2020
  10. Like
    Hucast21 reacted to GoNavy1775 in Higher Level Review works   
    Roger.  We did ask for a senior level reviewer.  I'm guessing that just pisses them off.  I guess I have about 50 more days to see what happens.  Then I'll find a lawyer to move forward.
  11. Like
    Hucast21 reacted to pacmanx1 in Acquiring SSDI at 38   
    IMHO, you might want to go with one of the bigger law firms, you see their commercials on all the time.  They have lawyer partners all over the states that can do a face to face and go with you to your hearing and they are pro-bono.  You may have to shop around. If one attorney says no, you don't have a case, try to get the opinion of another attorney. They also have vocational rehabilitation specialist that they work with.
  12. Like
    Hucast21 reacted to john999 in Acquiring SSDI at 38   
    I got SSDI when I was 52 years old.  I had a doctor who knew how to write a report for SSDI that they had a hard time denying.  Mental conditions are easier to win I think because they are hard to measure.  If your shrink says you can't work will they get a shrink who says you can if you are TDIU or 100% from the VA?
  13. Like
    Hucast21 reacted to pacmanx1 in LAWYER FOR APPEAL & COST   
    After BVA remanded and then denied my claim I had to get a lawyer for the CAVC.  The CAVC remanded my claim and then BVA granted my claim after 15 years.  The local VARO screwed up my rating percentage and my effective date.  I filed a NOD and the local VARO increased my rating but not my effective date.  I filed a NOD to that decision and BVA granted my EED.  It took an additional 6 years to get my correct effective date. My lawyer was gone after my CAVC remand but I  had enough evidence from my CAVC remand and my BVA grant and remand to win my EED. So I agree that there will be times that a veteran will have to get a lawyer to win their benefits even if the claim has to go to the CAVC.
     
    I keep thinking what if I had gave up and not file a disagreement after my denials and after the VARO awarded me 100%  scheduler P & T and ask me if I wanted to withdraw all my appeals.
  14. Like
    Hucast21 got a reaction from GBArmy in LAWYER FOR APPEAL & COST   
    I would always seek representation at the BVA level. 
    Also, I can attest to broncovet’s opinion of Hill & Ponton as I am represented by them. Hill & Ponton will upfront the cost of an IMO if they feel your case is very strong. The IMO will be paid out of your retro.
    Godspeed to you Galen Rogers.
  15. Thanks
    Hucast21 got a reaction from GBArmy in Please welcome gbarmy he has just become a forum maintainer   
    Congrats GBArmy!
  16. Like
    Hucast21 reacted to samclemmons in Requesting Increase in existing ratings   
    Success. 100% P&T as of April 9. 
  17. Like
    Hucast21 reacted to deedub75 in Acquiring SSDI at 38   
    I applied in September 2019 when my FERS disability retirement was approved and I just found out yesterday that I was denied benefits. I was disappointed but I expected it to be denied. I haven’t received the letter yet so I don’t know why I was denied.  
     
    I’m 45 years old and I’m 100% P&T. I had a finance type job for CBP and my health declined so much over the last 3 years or so that I couldn’t even do a desk job anymore. My primary care doctor and my neurologist both wrote letters for my FERS disability retirement saying that with my conditions I could no longer work and there was no chance of me getting better. Since I can’t do a desk job anymore, I don’t know what SSA thinks I’m capable of doing. 
     
    It’s very difficult to get approved for SSDI if you’re under 50 and SSA doesn’t care about the fact that a veteran is 100% P&T. The bar to get VA benefits is much lower than SSDI. 
     
     
  18. Like
    Hucast21 reacted to brokensoldier244th in Acquiring SSDI at 38   
    Very. I'm a 100% disabled veteran rated p and t. I was about 38 when rated. I was denied SSDI, appealed with a lawyer, and still lost. According to the ALJ and the occupational person that was present chicken counting is still a thing and I could be doing it. Oh, and since I had in the past sought to increase benefits while having the gall to also sometimes not be working at the time, that meant I have a history of seeking out benefits. So, denied again. Funny, I am 100% with smcs but according to the judge "I feel happy....I feel happy...." 
  19. Like
    Hucast21 reacted to 63Charlie in VA "bogus reasons for denial"   
    The VA's favorite reason for denial of service connection for a lot of my claims is: " No diagnosis of the condition was found in service medical records".
    A diagnosis of a condition in service is NOT a legal requirement to establish service connection.
    This rationale will NOT prevail.
     
    I had to overcome this hurdle by obtaining independent medical examinations from private medical professionals that opine that the symptoms found in my service medical
    record  "at least as likely as not"  established the onset in service of a current diagnosed medical condition.
     
  20. Like
    Hucast21 got a reaction from Michvetinfla in New claims went through   
    Congratulations! I too, also am planning to assist as many veterans as I can.
    It is so blatant how VA keeps us vets on the hamster wheel with denials until we finally win.
     
  21. Like
    Hucast21 got a reaction from Carl the Engineer in 1st VA claim, presumption of soundness Q's   
    I agree with Hamslice. My two friends who are 100% (one TDIU - 7 years, the other P&T - 15 years) started off at 50% and 0% respectively after their initial claims.
  22. Like
    Hucast21 reacted to Carl the Engineer in 1st VA claim, presumption of soundness Q's   
    Well, this is my opinion, and my opinion only,
    You need to file a claim for your feet, and only your feet initially. 
    You need to get for foot in the door, (see what I did there?)
    Once in the door, i.e., service connected for something, then you get to go there for care and start building your medical record with the VA.
    After service connected for flat feet, you can go for secondaries, like the back, degenerative arthritis, and on and on.
    I know nothing about PTSD, however, from what I read, you need the VA to say you have it to get comp, so as soon as you get in the system, start burning it up.  Squeaky wheel gets the grease.
    It sounds like you want to go from not even being in the system to 100% in one move.  It can happen, I'm sure, but not very realistic.
    As like others, I went from 30 to 40 to 60 to 70 to 80 and finally to 90%, in about 11 years of claims.  I would have to look, but I think in have 5 or 6 denied claims, and am pondering another secondary and another increase.
    So, start!,
    Hamslice
    OK, I had to go back up and read your post again.  I do not mean to upset you, but to be a teacher.  I see where you rated yourself for your flat feet by looking at the rating schedule and how that compares to your actual findings.  Two things you need to know.  First they are going to low-ball you on your first claim(s).  You think 50, they think 10 and bilateral.  Second, they use tricks like not rating what you claimed, exactly.  Sometimes, they actually help you, sometimes not.  Most of mine, I got better rating using Range of Motion, so you need to use what gets you the most.  And lastly, they will low-ball you on your first claim.
     
     
  23. Like
    Hucast21 reacted to ShrekTheTank in Question to forum members who have a high percentage disability rating (80% or more)   
    Until there is a vaccine things will not go back to normal.  Also normal will never be the same again.  My wife has asthma and we have never been worried like this.  I mean every time you hear someone died they have an underlying condition.  
    So for my family we will always be more cautious as one day she will get it and we will have to deal with it.
  24. Like
    Hucast21 reacted to pacmanx1 in Question to forum members who have a high percentage disability rating (80% or more)   
    As you can see a lot of us has turned to faith and religion for peace of mind and spirit.  You are here and your experience can help and encourage others.  When I was granted 100% P & T, it was a real let down. I had to realized that I would never work again and that was not in my plans. You have to find something to keep your mind.  Helping others is a great blessing but beware to help too much.  We still have to allow people to learn through their own experience.  Keep in mind that you can't help someone who doesn't want to be helped or pull you down. Don't lend money that you are not prepared to never get back. Spending quality time with your family and helping them is something that time nor money can replace.
  25. Like
    Hucast21 reacted to GBArmy in Question to forum members who have a high percentage disability rating (80% or more)   
    Hucast21 we all are pulling for you to get P&T. Hopefully you will. The fact that your lawyer didn't ask for the IMO $ up front is a MAJOR boost to your chances. I'm sure you are aware that they don't take these claims expecting to lose; they take the sure ones!  Then, in time, you will get over the unfairness in life and what you were dealt. Maybe it will be religion, maybe your spouse and family, maybe it is just time that will heal. Whatever. But you never will be at peace until you learn to accept what has happened and move on. One of the things I have learned in life is you don't have to look very far to see someone a whole lot worse than you are. You'll make it. Keep the faith my friend.
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