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HadIt.com Anniversary 24 years on Jan 20, 2021 ×
HadIt.com Anniversary 24 years on Jan 20, 2021


Senior Chief Petty Officer
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Everything posted by pacmanx1

  1. Update I did not even think about if you did decide to quit/leave your job due to your disabilities. You would most likely qualify for SSDI(Social Security Disability Insurance.) Sorry for the late post but I saw this at the bottom of the page and I wanted to make sure you knew that if your condition got/get worst this would be the next step for you. The Social Security Disability Insurance (SSDI) program pays benefits to you and certain family members if you are “insured,” meaning that you worked long enough – and recently enough - and paid Social Security taxes on your earnings.
  2. Congratulations on your win. Keep it up.
  3. Re-read your decision letter, pay close attention to the evidence used and the Reason and Bases sections. The evidence does not have to be new; they can be material, pertinent or relevant. It is evidence that was in your file but never associated with your decision which would warrant an EED. If the evidence and the Reason and Bases section does not discuss/address your hospitalization, them it was not considered in that decision. As I stated my evidence was always in my record but my record was about 3000 pages at the time of my rating decision and I knew that there was no way in hell that t
  4. I agree with Hamslice, I have a direct service-connected condition and I filed a claim for a secondary condition which VA granted. I recently filed a secondary claim to my secondary service-connected condition, and it was granted. It all depends on how the medical opinion is written. My original claimed IMO was written that it is as least likely as not caused by my military service. My secondary condition IMO was written as it is at least likely caused by or the result of my service connected condition and my secondary to my secondary service-connected condition was written as it is at least l
  5. Yes, I am positive the 90% was my combined rating but when a veteran gets a new rating VA must recalculate all the veteran’s disabilities. There may have been an off number where I was above the 90% but VA rounded down to give me the combined 90% but when they recalculated it, I hit the 95%. Remember VA dose not start with the 90%, they start all over from highest to lowest disability.
  6. Hamslice that sounds about right. I was rated 90% for a long time and then I got a rating of 40% for one condition and that bumped me to 95 where VA rounded it up to 100% schedular. Just using the numbers most veterans that are rated 100% schedular are actually about 240% or more but you know VA looks at it as they are only 100%.
  7. As long as your DBQs state that your claimed condition is as least likely as not related to your military service or that your claimed condition is as least likely as not the result of your service-connected disability. Something that connects everything together. I recently filed a claim for sleep apnea and VA sent me to a LHI Sleep Apnea Medical Exam and I asked the doctor why I was there. She informed me that the VA scheduled me for a sleep apnea medical opinion and started the exam. I explained to her that I did not understand because I just got an IMO form my VAMC doctor. She asked me di
  8. Can you please post your cite? I am a little off. 38 CFR 4.42 Does not mention a full review of records it suggest complete medical examination(s) of different body systems which a lot of VA C & P examiner don't do, not even close. 4.42 - Complete medical examination of injury cases. The importance of complete medical examination of injury cases at the time of first medical examination by the Department of Veterans Affairs cannot be overemphasized. When possible, this should include complete neurological and psychiatric examination, and other special examinations indicated by
  9. When did VA make this Rating Decision? Did you locate these records and are they in your possession? IMHO (IN MY HUMBLE OPINION). If you are going after an EED (EARLIER EFFECTIVE DATE) it is best to submit these records along with your claim and explanation as evidence. If your rating decision is less than 1 (one) year, less than 365 days then file a TIMELY NOD (NOTICE OF DISAGREEMENT). If your decision is beyond 1 (one) year more than 365 days, then you can file a re-open claim. Yes, you can file a CUE Claim, but CUE Claims are harder to win but are not impossible. 38 CFR 3.156
  10. In order to get an EED, I do agree that there must be a claimed file on record CONTINUITY OF SYMPTOMATOLOGY, NOT TREATMENT (§ 3.303(B)) § “[T]he Court notes that symptoms, not treatment, are the essence of any evidence of continuity of symptomatology.” See Savage v. Gober, 10 Vet.App. 488, 496 (1997) citing Wilson v. Derwinski, 2 Vet.App. 16, 19 (1991) (“regulation requires continuity of symptomatology, not continuity of treatment”). Unfortunately some veterans lose their ratings and or proposed reduction because some medical records show improvement but there may not be improve
  11. I know one of the best regulation to use to try to get an EED (Earlier Effective Date) is 38 CFR 3.156, if a veteran is trying to get an EED s/he should review this regulation. Also any rating decision prior to March 2015, a veteran can use 38 CFR 3.157 always keep in mind that there is more than one way to skin a cat. P.S. A veteran can also use Clemons VS Shinseki: The Clemons Court indicated that, when a claimant makes a claim, he is seeking benefits for symptoms regardless of how those symptoms are diagnosed or labeled. Found random C&P exam - Page 4 - Veteran
  12. Best wishes to all on this Wonderful Day and in the future. I hope your prayers and dreams come true. Be safe, be healthy and be happy.
  13. It is your call; most attorneys have a no pay unless you win clause, but you do not have to have an attorney at the BVA level. An attorney may win a remand a little faster, but you can submit your disagreement yourself or with your County Service Officer. Either way the BVA will either remand your claim or deny it and if they deny it then you will need an attorney to file with the CAVC.
  14. Basically, the DRO/HLR was not paying attention and no one caught it. You are going to have to write a statement in support to explain that you were filing secondary to your service-connected condition and not direct, primary, nor aggravated by service. You may also have to file an appeal.
  15. Buck, due to COVID-19, I would not suggest to a veteran to just show up at any hospital and or clinic unless it is an emergency. The hospital and or clinics are scheduling appointments to keep everyone safe by not having too many people in one place at a time. Shrek just got his award letter so there is no not knowing if he would have problems with these clinics. Now due to COVID-19 there may be issues of how and where to get him in or where to send him, but it is way too early for him to contact the hospital director or assistant.
  16. My suggestion would be is to have her apply for compensation and see if she is granted a disability, depending on her circumstances, VA may or may not approve her claim. Make VA put it in writing and appeal if she has to. Am I eligible for VA disability compensation? You may be eligible for VA disability benefits or compensation if you have a current illness or injury (known as a condition) that affects your body or mind and you meet at least one of the requirements listed below. Both of these must be true. You: Served on active duty, active du
  17. Shrek prior to COVID-19, once a veteran was granted 100% P & T. All s/he would have to do is to contact the VAMC Eye-Clinic or the VAMC Dental Clinic and after they confirm the veteran's rating, they would schedule the veteran for treatment. Now, I am sure you still have to contact the VAMC but they will either schedule you an appointment to come in or refer you to fee basis which will try to set you up for an appointment with a local specialist. The local VARO has nothing to do with these types of appointments. Yes, if fee basis refers you to an outside specialist there is no cost to the
  18. I noticed that BVA currently reviewing appeals are moving backwards. At one time it was August 2017 then June 2017 then May 2017 and now April 2017. Am I the only one that noticed this or is it just me? The Board is currently reviewing appeals from April 2017 or older.
  19. 3.2500 Review of decisions. (a) Reviews available. (1) Within one year from the date on which the agency of original jurisdiction issues a notice of a decision on a claim or issue as defined in § 3.151(c), except as otherwise provided in paragraphs (c), (e), and (f) of this section, a claimant may elect one of the following administrative review options by timely filing the appropriate form prescribed by the Secretary: (i) A request for higher-level review under § 3.2601 or (ii) An appeal to the Board under § 20.202 of this chapter. (2) At any time after VA issues notic
  20. Please do not lose faith, hope, and or focus. Just because you do not have a CUE claim and I am not saying that you do not. I agree with Bronco, we would need more information, but you still have options. If you disagree with a HLR/DRO or any decision, you can always continue your appeal to the next higher level. In other words, you can file whatever form you need to allow your claim to go to the BVA and even CAVC if that is the next level. The VARO is one level, the first bump and if you disagree with their decision then file a NOD(Notice of Disagreement). There are many, many times when a v
  21. I just went through this this week with a new rating decision. Here is the bottom line and I could not find any way around it. This article is a few years old, but nothing has changed. Pay close attention to item number 4. The 4 Ways To Get A Copy Of Your VA C&P Exam Results 1. You can request a copy in person at your VA Regional Office and they should print it out for you. 2. You can submit a Freedom of Information Act Request(FOIA) to the regional office by email, mail or fax for the reports. The FOIA request must have a signature to be valid 3. You can visit your VSO
  22. Unfortunately, you are going to have to write to the Intake center to request a copy of your C & P exam. Make sure you tell them you only want your C & P exam and give them a date when your exam was done. By law you have a right to have a copy of your exams, but VA will try to hold it until after they decide your claim. That way you cannot run out and get a new IMO to refute theirs. VA will need a signature before they release your exam. (FOIA) FREEDOM OF INFORMATION ACT. Mail to: DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER PO BOX 4444 JANESVILLE, WI 53547-4444
  23. This is a little confusing because I have not gotten my rating decision. I was not even looking for this claim to be decided so quickly. I do not know what the Reasons and Bases will say. I filed a Sleep Apnea claim last month secondary and I had my LHI C & P exam last week and my claim is already completed, and rated service connected. I did have a VAMC IMO letter that my Sleep apnea is as least likely as not (50/50) related to my service connected disability but the LHI C & P examiner stated that I have hypersomnia and that my sleep apnea is comorbid with my Acid Reflux. I filed my c
  24. OK, I understand. If you submitted the evidence within one year of the decision you are correct. The only issue is that you will have to file an appeal and it may have to go to BVA and or CAVC. VA is notorious of screwing up the effective date thinking that veterans will not appeal.
  25. Not sure about any legal resources but you can have your psychiatrist refer you to a medical physician and request an IMO (INDEPENDENT MEDICAL OPINION). Even if you contact a lawyer, they are going to need a medical opinion of your condition and your ability to work. If this is a military disability you can always put in for an increase. Also, you can have your psychiatrist refer you to a VOC Rehabilitation Specialist for a Vocational Occupation Opinion of your working ability and submit that to your insurance. Others may chime in.
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