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pacmanx1

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Status Replies posted by pacmanx1

  1. Getting Error Code Message when checking Notification [[Template forums/front/topics/postContainer is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]]

    Actually, this message is keep coming up even when I try to respond to other post.

    1. pacmanx1

      pacmanx1

      I make it a habit to always clear my cache daily, sometimes more than once to remove all cookies.

    2. (See 3 other replies to this status update)

  2. I'm contacting you for any assistance you can give me. I am 50% PTSD and been trying to get it increased. The VA has denied my supplemental claim after a C and P exam. and are keeping me at 50%. The C and P was with VES and a Doctor with 0-1 year C and P experience. Not sure why they would depend on someone with no experience. I could tell as soon as it started it was not going to go well. The exam was teleconference ans not in person. She seem to be quite disorganize and working from a rundown office.

    I also have Migraines and opened an intent to file a claim but as of yet not summited any details, so if can advise on that I would appreciate help. Thanks Mike Walsh

    1. pacmanx1

      pacmanx1

      All disabilities depend on documented symptoms.  If you feel that you should have been granted an increase, then file an appeal but make sure the evidence is in your current treatment records. The VA loves to ignore positive evidence and an appeal may be in order. If you do not have the evidence then whenever you feel stress and or anxiety, make sure you get to see a doctor both for your mental health and your physical health. Since you are already service connected for PTSD, your current treatment records should be used in determining your current level of severity.

      When trying to help veterans, the first thing I ask them is when was the last time they were treated for their symptoms. The bottom line is that the VA will most likely ask for a medical opinion and it would be best if the veteran’s records to show continued treatment. Continued treatment can go a long way and even possibly have a decision overturned.

      Migraines are tricky because they are subjective (based on the individual), how your migraines may be totally different than someone else. Even though migraines and headaches fall under the same category 38 CFR 8100. It is the symptoms that will establish your rating percentage.  

      Not sure how you posted this question but if you post it in one of the other forums, you may get more responses. Many of us have different experience and no disrespect to Dustoff or anyone else, more responses would generate different opinions as to how to go about helping you and other veterans get your benefits.

      If you are unemployed or have been fired from your job, you can file and get SSDI along with your VA compensation. Most veterans get both. You can try to ask for a new C & P exam but keep in mind that you have 1 year, (365) days to file an appeal.

    2. (See 5 other replies to this status update)

  3. HAS ANYONE HAD THEIR CASE  REMANDED BACK TO  VA BY A JUDGE?  WHAT  WAS YOUR AVERAGE WAIT TIME ON DECISION?  THANKS FOR RESPONSE.

    1. pacmanx1

      pacmanx1

      You should post your questions in one of the main forums, you would get more responses. The average time of a remand is around 6 (six) months to a year depending on how complicated your remanded issues are and how many issues are on remand.

    2. (See 1 other reply to this status update)

  4. I was having problems searching for my posts, and my posts regarding CUE's. The servers was not working. I see there are templates listed in search, but having had time. I wanted to see if my case would fit a template. I will come back in a day or two and see if this servers works better. It would be great if a template was here to help !

  5. I have recently learned that the BCNR upgraded my discharge to General (Under Honorable Conditions).  This is under MILPERSMAN 1910-164 (BIOTS); the reason is Secretarial Authority and the code is JFF.  My BVA hearing Remanded the matter in October 2019 awaiting the decision from the BCNR.  My questions are many at this point.  To start with, will this have to go back to the BVA or will I be rated by the RO since I now have the discharge upgraded and two diagnosis along with the Advisory Opinion from the BCNR and my stressor is in my medical record.  Or will I still have to go through a C&P exam?

    Next, in 2003, I filed for compensation and was denied.  They stated; image.thumb.png.89ac2e9be48dc268dacaa28690383382.png

    My current claim has been open since August 2013 and I've been appealing ever since it was denied.  I have been reading about 38 CFR 3.156(c) and wanted to know that since I have both NEW and MATERIAL evidence, could I get an EED to the 2003 date?  Apparently, I filed a claim prior to 2003 since they are saying that it 'has not been successfully reopened'.  Could it be that I can have an EED earlier that? 

    1. pacmanx1

      pacmanx1

      Effective dates are very difficult to determine, since you posted that you have a pending claim with BVA it is even more difficult to say. I do not want to mislead you, it is really up to BVA to make that determination. What I can do is share what happened to me. This has nothing to do with an upgrade just an effective date. I filed an original claim in 1998, it was denied and I filed a NOD. Around  2005, I reopened my claim and it was denied again and I filed a NOD and this time the VA processed it and my claim went to BVA and then to CAVC. The CAVC remanded my claim and then the BVA granted my claim back to 2005. I then filed a new NOD asking for an EED back to 1998. The VA denied my NOD but BVA granted it back to 1998 because that was When I filed my original claim and my claim is still pending. So I know it can work 

    2. (See 6 other replies to this status update)

  6. I have recently learned that the BCNR upgraded my discharge to General (Under Honorable Conditions).  This is under MILPERSMAN 1910-164 (BIOTS); the reason is Secretarial Authority and the code is JFF.  My BVA hearing Remanded the matter in October 2019 awaiting the decision from the BCNR.  My questions are many at this point.  To start with, will this have to go back to the BVA or will I be rated by the RO since I now have the discharge upgraded and two diagnosis along with the Advisory Opinion from the BCNR and my stressor is in my medical record.  Or will I still have to go through a C&P exam?

    Next, in 2003, I filed for compensation and was denied.  They stated; image.thumb.png.89ac2e9be48dc268dacaa28690383382.png

    My current claim has been open since August 2013 and I've been appealing ever since it was denied.  I have been reading about 38 CFR 3.156(c) and wanted to know that since I have both NEW and MATERIAL evidence, could I get an EED to the 2003 date?  Apparently, I filed a claim prior to 2003 since they are saying that it 'has not been successfully reopened'.  Could it be that I can have an EED earlier that? 

    1. pacmanx1

      pacmanx1

      D1ray, since your claim is at the BVA, you can send/fax them this evidence directly.

      I have several pending claims at the BVA and I faxed my evidence both in November and December and I am told that it could take about 90 to 120 days.  I am hoping for the former than the latter.

      Board of Veterans’ Appeals

      P.O. Box 27063

      Washington, DC 20038

      Fax: 844-678-8979

    2. (See 6 other replies to this status update)

  7. I have recently learned that the BCNR upgraded my discharge to General (Under Honorable Conditions).  This is under MILPERSMAN 1910-164 (BIOTS); the reason is Secretarial Authority and the code is JFF.  My BVA hearing Remanded the matter in October 2019 awaiting the decision from the BCNR.  My questions are many at this point.  To start with, will this have to go back to the BVA or will I be rated by the RO since I now have the discharge upgraded and two diagnosis along with the Advisory Opinion from the BCNR and my stressor is in my medical record.  Or will I still have to go through a C&P exam?

    Next, in 2003, I filed for compensation and was denied.  They stated; image.thumb.png.89ac2e9be48dc268dacaa28690383382.png

    My current claim has been open since August 2013 and I've been appealing ever since it was denied.  I have been reading about 38 CFR 3.156(c) and wanted to know that since I have both NEW and MATERIAL evidence, could I get an EED to the 2003 date?  Apparently, I filed a claim prior to 2003 since they are saying that it 'has not been successfully reopened'.  Could it be that I can have an EED earlier that? 

    1. pacmanx1

      pacmanx1

      You should post your question in one of the forums, you would get more responses. 

       

      Quote

      My current claim has been open since August 2013 and I've been appealing ever since it was denied.  I have been reading about 38 CFR 3.156(c) and wanted to know that since I have both NEW and MATERIAL evidence, could I get an EED to the 2003 date?  Apparently, I filed a claim prior to 2003 since they are saying that it 'has not been successfully reopened'.  Could it be that I can have an EED earlier that? 

       

      I am not trying to discourage you or mislead you, but I fully suggest that if you have an open, pending claim at the BVA that you contact them and inform them that you received a military upgrade and go from there.

      Now with that said, your post also shows that you failed to successfully reopen your claim back in 2003 and the VA may or may not grant you an effective date back to 2003. It would only be speculation on our part to say if the VA would or would not. You can search the BVA web site for other decisions, but it is up to them. You can try searching BCNR upgrade.

       

      The Board of Veterans' Appeals Decision search results (va.gov)

       

    2. (See 6 other replies to this status update)

  8. i just wanted to tell everyone thank you for your help and support. i got a call from the PVA yesterday and it was great news.After 10 years i have been rated 100%P&T with smc k and smc s. its be so long since i felt whole it brought tears to my eyes. and as hard as it was for me to believe they are giving me retro for 118 months i was floored. prayers are answered in Gods time frame, Over the past 10 years i have read success stories and i always wander how they felt in that moment and it was one of the greatest feeling and my prayer is for every veteran to  feel how i did in that moment. my prayers are with you all. i was granted i think 22 of my 24 issues some were at zero but thats ok. i was granted 100% for ms with brain leasions and major depression with anxiety, 60% for chronic fatigue, several 30% several 20% annd a couple 10% snd the rest were rated at zero. It was a good day for me and my wife this nightmare is about over. I got love for all my brothers and sister on hadit and around the world.

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    1. pacmanx1

      pacmanx1

      Congratulations!

      If you are not getting SSDI, you should apply for it. It has been awhile and I did not read through all your post. Just wanted to let you know you can get both. Every little bit will help.

    2. (See 2 other replies to this status update)

  9. The VA/BVA claims, appeals created a big problem. I was diagnosed when I was Hospitalized for 6 months 2008 in the San Diego VA Hospital for Necrotizing Pancreatitis. During the BVA appeals, someone changed some of the wording from 'Necrotizing Pancreatitis', to 'Chronic Pancreatitis'. I need that corrected as they make a lot of decisions on diagnosis and medical issues. I am awaiting for the word from the BVA through my VA representative who worked my BVA case for me.

    In Oregon they have VA representatives when you choose representation, like when you can choose a POA through the DAV, American Legion, or the VA has them too. I had no choice, a few years ago I needed help and they were the only help I could find. Now the BVA has only approved and given me the 1151 claim and denied the rest. The only claim left is TDIU, which no one would help me with because up until late last year I was only 60% (I have been un employable and totally disabled from 1995). Now I am at 90%. (it took until 2019 for the BVA to get it changed to 90%) But they low balled me badly, and I believe it is not only bad decisions at the BVA, but also because they wrote down the wrong disease in the decisions.

    I cannot move on to the next POA, until the BVA has said they are finished with my claims (so my VA representative can be let go because the BVA appeals are finished), and I believe that the next step will have to be an NOD for the BVA decisions that used the wrong term, diagnosis. And that will be corrected with help by a paid POA I have retained (highly respected professional who is going to be my POA as soon as I can fire my current POA), but they cannot help me until the other POA is no longer my POA. I am awaiting word that all decisions have been made up until this point, by the BVA, so I can bring in some very good help with my appeals. Note: I have never before appealed BVA decisions before. From this point on it is new to me. Getting these bungled screwed up mistakes corrected. I don't understand how they can get away with doing this stuff !

    1. pacmanx1

      pacmanx1

      Great Job, I am in your corner. I will say that in the past VA has been very lazy and inept to review and comprehend most document. I am hoping that they are better at these processes now. You Know getting rid of all the dead heads and lazy folks. Just keep them on their toes and make sure if you don't get what you want try your best to get as close as you can. 

    2. (See 6 other replies to this status update)

  10. The VA/BVA claims, appeals created a big problem. I was diagnosed when I was Hospitalized for 6 months 2008 in the San Diego VA Hospital for Necrotizing Pancreatitis. During the BVA appeals, someone changed some of the wording from 'Necrotizing Pancreatitis', to 'Chronic Pancreatitis'. I need that corrected as they make a lot of decisions on diagnosis and medical issues. I am awaiting for the word from the BVA through my VA representative who worked my BVA case for me.

    In Oregon they have VA representatives when you choose representation, like when you can choose a POA through the DAV, American Legion, or the VA has them too. I had no choice, a few years ago I needed help and they were the only help I could find. Now the BVA has only approved and given me the 1151 claim and denied the rest. The only claim left is TDIU, which no one would help me with because up until late last year I was only 60% (I have been un employable and totally disabled from 1995). Now I am at 90%. (it took until 2019 for the BVA to get it changed to 90%) But they low balled me badly, and I believe it is not only bad decisions at the BVA, but also because they wrote down the wrong disease in the decisions.

    I cannot move on to the next POA, until the BVA has said they are finished with my claims (so my VA representative can be let go because the BVA appeals are finished), and I believe that the next step will have to be an NOD for the BVA decisions that used the wrong term, diagnosis. And that will be corrected with help by a paid POA I have retained (highly respected professional who is going to be my POA as soon as I can fire my current POA), but they cannot help me until the other POA is no longer my POA. I am awaiting word that all decisions have been made up until this point, by the BVA, so I can bring in some very good help with my appeals. Note: I have never before appealed BVA decisions before. From this point on it is new to me. Getting these bungled screwed up mistakes corrected. I don't understand how they can get away with doing this stuff !

    1. pacmanx1

      pacmanx1

      First things first, you should have one of the elders or moderators move your post to one of the other post where more can see and comment.  I got called for another C&P, I think it might be for the TDIU, I try to apply for so many times and was told no... I was too low a percentage (they said I had to be at least 70%), though I have been unemployable since 1990. Again your post is a little off.  There is no set rating for a veteran to file and or be considered for unemployability.

      4.16 Total disability ratings for compensation based on unemployability of the individual.

      § 4.16 Total disability ratings for compensation based on unemployability of the individual.

      (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

      (Authority: 38 U.S.C. 501)

      (b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

      [40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13, 2014]

      Based on section B it states "but who fail to meet the percentage standards set forth in paragraph (a) of this section".  So at any prior of time to your upcoming rating, VA should consider you for unemployability.  We always say that evidence is key but we also have to did into the regulations and use it just like VA does. 

    2. (See 6 other replies to this status update)

  11. The VA/BVA claims, appeals created a big problem. I was diagnosed when I was Hospitalized for 6 months 2008 in the San Diego VA Hospital for Necrotizing Pancreatitis. During the BVA appeals, someone changed some of the wording from 'Necrotizing Pancreatitis', to 'Chronic Pancreatitis'. I need that corrected as they make a lot of decisions on diagnosis and medical issues. I am awaiting for the word from the BVA through my VA representative who worked my BVA case for me.

    In Oregon they have VA representatives when you choose representation, like when you can choose a POA through the DAV, American Legion, or the VA has them too. I had no choice, a few years ago I needed help and they were the only help I could find. Now the BVA has only approved and given me the 1151 claim and denied the rest. The only claim left is TDIU, which no one would help me with because up until late last year I was only 60% (I have been un employable and totally disabled from 1995). Now I am at 90%. (it took until 2019 for the BVA to get it changed to 90%) But they low balled me badly, and I believe it is not only bad decisions at the BVA, but also because they wrote down the wrong disease in the decisions.

    I cannot move on to the next POA, until the BVA has said they are finished with my claims (so my VA representative can be let go because the BVA appeals are finished), and I believe that the next step will have to be an NOD for the BVA decisions that used the wrong term, diagnosis. And that will be corrected with help by a paid POA I have retained (highly respected professional who is going to be my POA as soon as I can fire my current POA), but they cannot help me until the other POA is no longer my POA. I am awaiting word that all decisions have been made up until this point, by the BVA, so I can bring in some very good help with my appeals. Note: I have never before appealed BVA decisions before. From this point on it is new to me. Getting these bungled screwed up mistakes corrected. I don't understand how they can get away with doing this stuff !

    1. pacmanx1

      pacmanx1

      OK, thanks but I still think other veterans should hear about Clemons V Shenseki.

    2. (See 6 other replies to this status update)

  12. The VA/BVA claims, appeals created a big problem. I was diagnosed when I was Hospitalized for 6 months 2008 in the San Diego VA Hospital for Necrotizing Pancreatitis. During the BVA appeals, someone changed some of the wording from 'Necrotizing Pancreatitis', to 'Chronic Pancreatitis'. I need that corrected as they make a lot of decisions on diagnosis and medical issues. I am awaiting for the word from the BVA through my VA representative who worked my BVA case for me.

    In Oregon they have VA representatives when you choose representation, like when you can choose a POA through the DAV, American Legion, or the VA has them too. I had no choice, a few years ago I needed help and they were the only help I could find. Now the BVA has only approved and given me the 1151 claim and denied the rest. The only claim left is TDIU, which no one would help me with because up until late last year I was only 60% (I have been un employable and totally disabled from 1995). Now I am at 90%. (it took until 2019 for the BVA to get it changed to 90%) But they low balled me badly, and I believe it is not only bad decisions at the BVA, but also because they wrote down the wrong disease in the decisions.

    I cannot move on to the next POA, until the BVA has said they are finished with my claims (so my VA representative can be let go because the BVA appeals are finished), and I believe that the next step will have to be an NOD for the BVA decisions that used the wrong term, diagnosis. And that will be corrected with help by a paid POA I have retained (highly respected professional who is going to be my POA as soon as I can fire my current POA), but they cannot help me until the other POA is no longer my POA. I am awaiting word that all decisions have been made up until this point, by the BVA, so I can bring in some very good help with my appeals. Note: I have never before appealed BVA decisions before. From this point on it is new to me. Getting these bungled screwed up mistakes corrected. I don't understand how they can get away with doing this stuff !

    1. pacmanx1

      pacmanx1

      (IMHO) you don't need to get your records changed or the wording. Look up Clemons vs Shinseki, 23 Vet. App. 1, 5 (2009) I will post it and you can research it and tell me what you think. BVA is getting a lot better with their decisions. If your claim is denied at BVA you can then hire an attorney to file a claim at CAVC where you do not have to pay and they will fight your claim.

      in accordance with "Clemons V. Shinseki, 23 Vet. App. 1, 5 (2009)" (when determining scope of a claim, Secretary must consider the claimant’s description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim”). Clemons concerned VA's failure to consider a claim of entitlement to benefits for a disorder other than the one specifically claimed, even though it shared the symptomatology for which the Veteran was benefits.  The Clemons Court found that, where a Veteran's claim identifies a condition, without more, it cannot be a claim limited only to that diagnosis, rather must be considered a claim for any disability that reasonably may be encompassed by the evidence of record.  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.

       

       

    2. (See 6 other replies to this status update)

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