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pacmanx1

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Everything posted by pacmanx1

  1. I will comply but I think all my post from watchdog are stated they are from watchdog and I am not trying to steal his work, just passing it on so more can see it.
  2. Actually depending on what your ratings are you may need between a 10 and a 50% rating to hit the 100% schedular
  3. Keep in mind that TDIU is for veterans that can not maintain employment due to their service connected mental and or physical conditions. These conditions also must have a doctor's opinion that the veteran is unemployable. It is very hard to get 100% schedular with more than one condition. It is easier to hit the 100% for one condition but if it is for a mental condition, then the veteran would be very limited in his or her income. With multiple service connected conditions the closer you get to 100% the harder it gets to get it. Have you checked out the VA rating table calculator, VA has really fuzzy math when it comes to the combined rating chart. http://www.hadit.com..._calculator.php
  4. He can ask for a copy of his VAMC mental health records but not his C-file at this time. If he ask for a copy of his C-file at this time it could delay in his decision. Since he has recently moved the only thing that he can do is get re-established in to the new VAMC mental health clinic and go from there. He is already doing that so it would depend on what the new doctor would say about his condition.
  5. I think it is very possible but unfortunately you have to get awarded your TDIU first. VA may even pay your TDIU from the last day you worked without you filing an EED claim.
  6. The rating should say something about permanent and total disability or it could say that his condition is permanent in nature. Did VA send a VA form 21-8760 along with his rating decision? Did his rating decision say anything about CH35 or CHAMPVA?
  7. After you submitted your evidence and the reason why you disagree with VA decisions, you can state that you waive the 30 days or 60 days period and request that VA process your claims as soon as possible. VA will most likely make you wait; VA will not be in a rush to resolve your claims. Keep in mind that you are appealing the claims VA have denied and it can take years before you get the final decision. Since you are just filing your NOD, VA will contact you for any additional evidence. You can also request a DRO hearing to try to resolve your claims faster but sometimes even this does not work and your claims have to go to BVA. Hope the best
  8. If you signed a POA it should be with the DAV not an individual, you can get any certified DAV VSO you want to help you with your claims. You have to do what is best for you. You are not changing your POA, you are just going with a different DAV VSO, so why would you have to fire any body. You should be able to get any VSO at that office to help you with your claims. If you singed an individual POA, you should change it as soon as possible.
  9. This is just my opinion; I do not understand his logic. By filing multiple NODs and claims that will eventually be combined and all rated at the same time, is a waste of your time. All the NODs and claims will be submitted within a month. VA does not like to do piece work. VA will try their best to combined all this information together and make one decision, yes you will have several NODs and claims but VA will try to make this as neatly as they can. When and if your claims go to the BVA you will have several issues but still one appeal. Maybe this is his way of trying to prove job security (that he is needed), by you constantly filing claims, and NODs, it shows that he is doing a lot of work when he could take care of all this at one time. As I said this is just my opinion.
  10. What are your current disabilities and their rating percentages?
  11. Unfortunately at this point, any paperwork you send VA "may" add time to your claim. You can call the 800# or send an Iris Inquiry and they will not delay your rating but again if you send in new evidence or a new statement your claim will be removed from the board area, and back sent to development to figure out if more information is needed to go with the new statement or new evidence. This is just my opinion but try not to delay your decision, give VA a chance to do their Job. I know this is hard but you really need that decision. Even if you file for an increase for PTSD right now, it "could" delay the decision that you have been waiting on. Hope the best
  12. VA TO REVIEW CLAIMS OF MANY VETERANS PREVIOUSLY DENIED AGENT ORANGE BENEFITS Akaka: "I urge veterans to determine if evidence of ships in inland waters or service on the perimeter of Air Force bases in Thailand entitles them to health care and benefits." by Larry Scott, VA Watchdog dot Org ------------------------- Please use our search engine for more about ... ... Agent Orange ... here ... http://www.yourvabenefits.org/sessearch.p hp?q=agent+orange&op=ph ... Blue Water Navy ... here ... http://www.yourvabenefits.org/sessea rch.php?q=blue+water&op=ph ------------------------- SENATE COMMITTEE ON VETERANS AFFAIRS PRESS RELEASE VA TO REVIEW CASES OF NEARLY 17,000 "BROWN WATER" AND OTHER VIETNAM VETERANS PREVIOUSLY DENIED AGENT ORANGE BENEFITS Chairman Akaka posts information on committee website to help veterans and advocates WASHINGTON, D.C. – Following oversight requests from Senate Veterans' Affairs Committee Chairman Daniel K. Akaka (D-Hawaii), the Department of Veterans Affairs has agreed to review the cases of nearly 17,000 "Brown Water" and other Vietnam Era veterans who claimed disabilities related to Agent Orange. VA had previously denied a number of claims without properly determining whether veterans served in Vietnam's inland waterways ("Brown Water") or otherwise served in locations where veterans may have been exposed to herbicides, such as Agent Orange. "I commend VA for responding to data showing that many Navy vessels thought to have stayed at sea actually traveled into the inland waters of Vietnam. As a result, veterans who served on these vessels are eligible for the same benefits as Vietnam veterans who served on land. I urge veterans and advocates to visit the Senate Veterans' Affairs Committee website to determine if evidence of ships in inland waters or service on the perimeter of Air Force bases in Thailand entitles them or someone they know to health care and benefits," said Senator Akaka. Akaka successfully urged VA to reconsider cases in which claims by Vietnam veterans potentially exposed to Agent Orange were denied without obtaining relevant military records, such as deck logs. These claims had been held in abeyance by VA while litigation was pending concerning so-called "Blue Water" veterans and their exposure to Agent Orange and other herbicides, and were subsequently denied. Akaka discovered that many of these veterans actually served in so-called "Brown Water" or inland waters of Vietnam, and should have received the same presumption of service-connection as veterans who had "boots on the ground" in Vietnam. By law, VA presumes that veterans who served in inland waterways were exposed to Agent Orange or other herbicides. Any of those veterans who suffer from certain diseases, and their survivors, may qualify for monetary benefits and health care. With this review, certain veterans who were previously considered "Blue Water" veterans will have their claims re-evaluated for evidence of "Brown Water" service, or evidence of service in other locations where VA acknowledges that herbicides may have been used, such as the perimeter of Air Force bases in Thailand. The Senate Veterans' Affairs Committee website provides a list of the ships VA has acknowledged traveled in inland waters, as well as evidence about other ships that the committee has received. A list of the ships identified to have traveled in Vietnam's inland waters by VA is available here: LINK Akaka's committee staff has compiled an additional list of ships with evidence or suggestion of service in Vietnam's inland waters. That list is available here: LINK For a list of the conditions Vietnam veterans are presumed exposed to, please click here: LINK In addition, monetary benefits and care are provided to Vietnam veterans' offspring with spina bifida, and to children of women veterans who served in Vietnam who have birth defects (more information here: LINK).
  13. It will be a review of the evidence and no hearing. I was told that I maybe contacted but the evidence was submitted again within the last year and my file went back to BVA and BVA returned it to the local VARO for review or Issuance of SSOC. I do feel good about my claims even if I do not get a call or hearing.
  14. I have been told for the last several weeks that my appeal claims are with the DRO. Both the 800# and the iris inquiry say that my claims are still waiting their turn to be reviewed.
  15. It seems that you are doing the only thing you can do and that is getting another mental health opinion.
  16. Not really sure what you are talking about. Are you referring to your back claim or other claims that you filed? A little more information would help.
  17. If you file a NOD within the one year time frame and those claims are awarded, then VA will change your overall rating to have the effective date of the claims that were awarded due to you filing the NODs. The claims will have the original claim date as the date you filed the claims. VA will most likely only focus on the claims that you file a NOD on. Hope this makes sense
  18. 4.9 Congenital or developmental defects. Mere congenital or developmental defects, absent, displaced or supernumerary parts, refractive error of the eye, personality disorder and mental deficiency are not diseases or injuries in the meaning of applicable legislation for disability compensation purposes.
  19. Once a veteran is rated 100% service connected, the only claims that really needs to be filed are life threatening conditions or claims that could lead to SMC payments. All claims that are on appeal should be continued until awarded, sometimes VA will award a veteran 100% service connected hoping the veteran will drop all appeal claims and lose any type of retro payment. Of course a veteran should consider any type of CUE claim if warranted. The bottom line is it could be more money.
  20. We should give every veteran the benefit of doubt. The original post could possibly help another veteran provided they file a claim and the evidence or incident can be verified by VA.
  21. You will have to get a doctor's statement that your Chronic pain disorder is greater than your non service connected depression. It would be better to get a VA psychiatrist or a non VA psychiatrist.
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