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asdf

Second Class Petty Officers
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  1. Like
    asdf reacted to pacmanx1 in The VBA processed my CUE as a supplemental claim and now it's in limbo   
    I know this may sound a little confusing but IMHO (IN MY HUMBLE OPINION), since your last rating decision was/is dated September 09, 2022, instead of filing a CUE Claim, simply file a timely disagreement. Simply file an HLR or Direct BVA Review disagreeing with the decision made on or around September 9, 2022. Filing a timely appeal will/would get the veteran the same benefits as filing a Cue Claim if awarded.
    CUE Claims are harder to win but not impossible, but they must be specific and state the cause and the regulation that the VA violated at the time of the decision whereas filing a timely disagreement the veteran just has to prove that the VA failed to properly process his/her claim. Keep in mind that you must prove that you have a current disability and file for disability that will support your claim. Filing a disability for your skin if you have no residual symptoms may be a straight uphill battle but filing for a particular injury or injuries with medical evidence would be a lot easier.
    As stated, since you are within your appeal timeframe within one (1) year, just file a disagreement stating that you disagree with your last decision and make sure that you spell it out. List the injury or injuries of your first enlistment and your current symptoms and go from there. You do not have to mention that you are filing a CUE Claim because the VA will most likely mess it up.
    To give a little more insight, I filed a CUE Claim, and the VA reopened my claim and sent me to a C & P exam and the examiner gave me a favorable medical opinion, but the VA denied my claim. I then filed a supplemental and the VA once again denied my claim. I finally filed a Direct BVA Review, and my claim has been at the BVA waiting to be reviewed by the BVA judge for close to two years. It is going to take some time, but you should have a better chance at getting a better decision from the BVA.
    P.S. Don't waste your time or breath calling the VA, you have to file a new appeal to get this straighten out. It must be in writing. 
  2. Like
    asdf reacted to jamescripps2 in Agent Orange Award for Hypertension Granted, but at 0%   
    In reality, we never expected hypertention to be awarded at anything more than 0%, except in extreme cases where it might be awarded at 10%.
    The real benefit comes into play when the vet is awarded at 0% and later claims conditions as secondary to the hypertention. The posibilities are endless. Heart disease, stroke, vascular imparement etc.
  3. Like
    asdf got a reaction from ArNG11 in Higher Level Review   
    Can you back up your claim with medical evidence? If so, include that in your claim so that the decision is not just based on a C&P exam.
  4. Like
    asdf got a reaction from Vync in Heart attack   
    The VA requires certain conditions in order to expedite a claim they can be found on VA Form 20-10207. They include homelessness, financial hardships, terminally ill, 85 years or older, MOH or PH, ALS.
  5. Like
    asdf reacted to El Train in TBI claim for SMC-T   
    Pretty sure the original poster has left the forum shaking his head.  Can we stay on topic?
    If I was original poster, there is no reason to file for TDIU.  If the VA determines he's TDIU, it is what it is.  Sounds like they can't work anyhow.  I'd prefer the opportunity to work in limited environment/capacities (which I do) and not have TDIU.  TDIU may take this away from you.
    First off, he needs to be approved for TBI.  He is not.  All this talk about TBI-T is for naught.  The VA is supposed to assume TBI-T if his situation is bad enough.  We all know this would have to be a case of 24 hour nursing home care and bedridden (worse case scenario).  So get the TBI approved, then go after TBI-T.  As it stands now, communicating in a logical way on a forum probably disqualifies the VA assuming TBI-T.  As it should.  But that is a fight fought later down the road.
  6. Like
    asdf reacted to jamescripps2 in TBI claim for SMC-T   
    If you are infact 100%p&t then why are you filing for tdiu?
  7. Like
    asdf reacted to allansc2005 in What are VA disability reduction methods?   
    I'm ONE person giving my own personal experiences. That's what this Forum is about.
    What the IG found is the end result of THOUSANDS of cases.
    If you feel this discussion is "pointless" then that's your choice.
     
    I might direct your attention to your own Quote "I am not a lawyer, and nothing I write is legal advice, it is just how things appear to me..."
     
    Good Luck,
    Allan 2-2-0 HOOAH!
     
     
     
     
  8. Like
    asdf reacted to Whodat in Optum Serve, has anyone used them?   
    OPTUM is just a new name for LHI.
  9. Like
    asdf reacted to brokensoldier244th in Veteran sues after being arrested for holding a "God Bless Homeless Vets" sign   
    With all due respect, why would the VA be involved? 
  10. Like
    asdf reacted to jamescripps2 in Chronic Pain   
    I don't care what Hill and Pontoon or anyone else says. The VA is going to put you under a magnifying glass when you apply for loss of use. They are not going to give you loss of use because you need to slide a coin to the edge of a table in order to pick it up, or the fact that you can't hold on to your favorite pot and pan.
    If you do your home work, get your ducks in a row and lawyer up, you are still years away from winning a loss of use claim. You will at the least go to the BVA and probably the CAVC and back.
    Not trying to discourage, but if you do intend to file for loss of use of hands and/or feet you need to get serious about it. For the most part, what H&P wrote is intended to attract customers but can't be supported by law.
  11. Like
    asdf reacted to brokensoldier244th in retroactive back pay   
    What do you mean by deferred? Deferred are temporary situations , usually where more information is being requested or gathered.
    Are you saying it was deferred for something in 2010 and there never was a decision? That shouldn't be, since you filed an 0995 later. A decision would have had to be made prior for an 0995 to be valid. If your claim wasnt  in continuing or appeal status the whole time since 2010 then the effective date of the 0995 is valid. 
  12. Like
    asdf reacted to john999 in What are VA disability reduction methods?   
    VA has so many new claims to deal with I don't think they go on witch hunts to reduce 100% vets.  I think it is much easier to win claims now than back in the 70's and 80's.  Getting an increase in those days or maintaining a rating was harder IMO.  Since I was P&T I must have filed 6-7 claims for new conditions and increases.  No problem with VA wanting to reduce me.
  13. Like
    asdf got a reaction from 30percentermovingup in 30 percenter went to 50 now 90percenter but question   
    You received the rating for pain for both right and left hip with the 10% for osteoarthritis.  The 0% are all for ROM.  The VA doesn't grant a pain rating for every motion of the hip just the overall.
  14. Like
    asdf reacted to broncovet in CAVC DECISIONS, AFFIRM OR REMAND.   
    Agreed.  
    "Fear of reduction" is a gimmick used by lazy VSO's, lazy VA employees, and even well meaning Vets advocates to prevent Veterans from getting all the benefits they deserve.  
    Unfortunately, "fear" is a powerful motivator.    
    This said, even going to the military is fearful.  I mean, not everyone who joins comes out of the military alive.  We never know if we will be sent to war or not.  
    So, remember why you went in.  And control your fear.  
    Many times, 
    F.E.A.R.  = False Expectations Appearing Real 
    This is mostly the case with fear of reductions.  Its very hard for VA to reduce you, "unless" you have "actually improved under ordinary conditions of life", and this improvement came since your LAST VARO decision (which continued your benefits).  
    You see, the VA cant issue a decision on a new issue (thus continuing old issues at the present rate), then decide later you improved, when they already decided you did not improve and continued your rating.  
  15. Confused
    asdf reacted to Mr cue in My va story an why I have no trust in them   
    Ok I thing I need to post this because I am not a newbie to the claim and appeal and cavc.
    Let start here my old Id on hadit was why you looking. You can search it i been around.
    Let start when I was release from service like many I was injury told to go to VA they will help you. Here is the boot.
    I got the VFW and file my first claim they handle it I didn't understand the process. Like many 
    Well I got granted 10% for a gunshot wound rating. I don't have a gunshot.
    98.00 a month 
    VFW disagree. the appeal remaining pending form 1993-2001.
    Fast word I get my first computer internet 1999 2000.
    I find hadit. I educated myself.
    Apply for tdiu an increase on the 10% rating. I had not work do to my injury 1994
    Well I got granted tdiu and 60% at the regional office. No appeal.
    Many would have been happy an walk away.
    My feeling was that was to easy they did something wrong 1993.
    So I educated myself on cue claims
    An cue the 1993 decision.
    Well it go to the bva an they rule my 1993 appeal from service had remaining pending from 1993-2001.
    Granted extra schular tdiu from 1993-2001. After a little battle. 8 year retro cue.
    Ok during all this the va never address or look at smc.
    I wait until I was 25 years protected because I understand the VA games.
    I apply for smc benefits get granted smc l regional office again. But they only address the time period I apply 2018.
    He we go again.
    Well during the process there were e 4 rating reduction requested. All told that I am protected. Smh.
    So I don't believe in the va will not try that.
    Well anyway I continue the fight I was granted 70% mental health along the way.
    Well they push me up to smc l and half.
    I appeal to Cavc.
    Well come to find out my claim for mental health 2003 has remaining pending in appeal status.
    Ok here is we're it get crazy.
    Ok I got granted 70% for the mh 2018 on appeal.
    They will not address that the appeal is no longer pending it was granted 2018 it's final 
    One issue.
    I get a soc dec that stated the appeal was closed that it.
    Well how was the appeal or claim reopen.
    I used service records from 1993.
    They will not address this or the effective date. By law smh
    Ok now the reason is if they address either. My smc benefits is retro.
    1993.2003 they don't want to do that.
    Ok the mh I was send to a mh exam after a dro hearing 2019 All part of my record.
    The exam was favorable. They have my in home care plan. Socialization etc.
    They have ch31 independent living records.
    They will not address the smc l for this condition because it give me the smc o and r for in home care.
    So am I to believe all this was a mistake or was it and is it been done on purpose.
     
    Last I had the VFW From service wouldn't you think they understood that the VA had never acted on the claim and appeals from service. That they were handling. Smh 
    I had a different vso when I won the tdiu 2002 I handle it. Tho Why didn't they see the pending appeal.
    It was granted by a dro you think he didn't see the appeal pending when he made the grant.
    Why didn't the VA inferr.smc benefits during any of these appeals or increase rating.
    So I am not one to believe the vs will grant smc benefits when a veteran become eligible.
    So no I have no trust in the va process or them following the law.
    I will tell ever veteran educated yourself and look at your rating code.
    An look at what is need for the increase.
    Because the VA might but nine times out of 10 not going to maximize your claim or appeal. Or address smc 
    As they are to do but law 
     
     
  16. Like
    asdf got a reaction from ArNG11 in Kicked out of the system   
    The Pact Act made VA healthcare accessible to many combat veterans without a disability regardless of income. 
  17. Confused
    asdf reacted to vetquest in Can't believe what VA Billed my insurance!   
    Wow.  I have never heard of such a thing.  I would complain to the White House hot line about that.  It sounds very excessive. 1-855-948-2311.
  18. Like
    asdf got a reaction from broncovet in Hadit is "Staying Alive"   
    Some of us are accredited
  19. Like
    asdf reacted to jamescripps2 in DBQs Submitted - Now They Want C&P Exams   
    The VA makes the rules and we are required to go by their rules.
    It seems that you want to be allowed to circumvent VA's rules and make your own rules.
    I guess that you can do that, but if you want the increase, then be willing to put in the time that it takes to comply with VA's rules or be prepared for a denial and a long drawn out appeal.
  20. Like
    asdf reacted to john999 in What are VA disability reduction methods?   
    I have been P&T for 20 years and VA never tried to reduce me.  I must have filed 8 new claims during that time.  VA has their hands full with new claims rather than try and reduce existing claims.
  21. Like
    asdf reacted to brokensoldier244th in I am just so tired   
    Fine, Cue. You are right, everyone else is wrong. *smh*
    Claims and transaction suspense dates are not just monitored by humans, and attempting to game them is more work than it would be worth rather than just working the claim. I've tested it as part of various software upgrades to VBMS over the last three years. 
    The chances of successfully gaming them is low to almost non-existent. Those that do get a warning and mandatory retraining on suspense dates. After that, you are fired. There is no benefit to a rater repeatedly pushing a claim off without rating it. 90% of their job performance and scoring is based on rated, completed claims, not claims pushed off into the ether. You can't just assign a random suspense date to a claim that isn't tracking an action- a letter, and exam, a request to the veteran for information - all of that is tracked, not by humans. Did a letter go out? Did a phone call get made? (the can track our individual phone records, even working at home). Is there an exam pending? Its all tracked multiple ways. Please reference the report you are talking about- Id be interested in reading it.
    OIG can find anything if it looks hard enough out of millions of claims. They literally justify their existence by finding things wrong.
     
  22. Like
    asdf reacted to denzaldeer in Has anyone successfully gotten an ergonomic chair through Voc Rehab?   
    I’m not sure if a vocational rehabilitation counselor is supposed to help with finding a chair, but you could prove that it’s important for your classes. Unfortunately, the healthcare system is not as inclusive as it should be, even when dealing with clients who face physical and psychological challenges. But an ergonomic chair can help with postural control, as it offers full support for your back, your arms and head.  Additionally, a voc rehab counselor should help you find the right accommodations at your workplace or classes, including finding the right office setup. You can find ergonomic chairs here https://eurekaergonomic.com/gaming-chairs/ if you’re still looking.
  23. Like
    asdf reacted to brokensoldier244th in VA different higher normal HBP/HTN for vets   
    But My non VA  doctor does that too. It's not unusual. Outlier readings aren't used by any doctor/insurance company/ whatever. 
  24. Like
    asdf got a reaction from Vync in Chapter 35 (DEA)   
    You are not guaranteed 4 years of free college. You are eligible to receive the CH 35 monthly payment which is currently $1298 but will be increasing.  This may or may not cover the entire expense of the college you attend.
  25. Like
    asdf reacted to john999 in HERE WE GO AGAIN   
    Just go to the exams!  If you don't you lose.
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