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asdf

Second Class Petty Officers
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  1. Like
    asdf reacted to Rattler in As for a HLR? or no?   
    I keep seeing this posted and I think it is just wrong.  If you use a HLR right and point the reviewer to the information you need them to look at it will save you alot of time.  Example is the post in the forum below. I filed for an HLR on September 28,2022. The VA did the phone interview on on October 7, 2022. They put money in my bank account on October 13, 2022. So stating that skipping an HLR and going to the BVA will take a lot more time in getting your benefits.
     
    https://community.hadit.com/topic/89200-large-win-on-que-claim-high-level-review/page/2/#comment-528706
  2. Like
    asdf reacted to brokensoldier244th in Does time of injury matter for VA Claim?   
    If you got out and had no hearing deficiency listed, and then 20 yrs later you claim hearing loss, how do you think any competent audiologist is going to be able to derive a nexus from that? You're right, the criteria don't same "time out of service" but common sense would indicate that if you hadn't' complained about it in X yrs after, that other factors can cause hearing loss.
  3. Like
    asdf reacted to brokensoldier244th in Property Tax Exemption Visible to Public?   
    Being listed as disabled as a status is not a HIPAA violation. If the contentions themselves were listed, that would be a HIPAA violation. 
     
  4. Like
    asdf reacted to broncovet in About 8 years provision for DIC   
    I dont think it matters, John.  Your survivor can get DIC if you die of a SC condition OR  if you die of any condition if you have been 100 percent for 10 years.  (based on effective date). 
    But, see if this applies to you:
    https://www.va.gov/resources/the-pact-act-and-your-va-benefits/#information-for-survivors
  5. Like
    asdf reacted to broncovet in HERE WE GO AGAIN   
    Your c and p exam, on page 2, above states, "no current complaints".  
    I see this statement as a "benefit killer".  
    If you have no current complaints, (symptoms), then the best you can hope for is zero percent, but just as likely a denial.  
    VA does "not" compensate us for "pain and suffering" a foot fracture in service.  It hurt, but now get over it.  
    Instead, they compensate you for "CURRENT" symptoms, especially how they affect your ability to work.  
    As an example, if you had a stress fracture in the service, and you can no longer walk, or walk with a limp, or walk only in pain, NOW, those are current symptoms which are compensable.  
    But, "no current complaints" means you have no current symptoms, so why would you expect VA to pay you?
    To fix this, when you go to the next exam, explain your CURRENT symptoms, (related to the benefits you are seeking compensation for).  
    If you are expecting comp for pain and suffering in military service, you wont be getting those, sorry.  You get them for how your disabilities affect your life now.  
    So, explain to the examiner your  current symptoms.  Is it painful to walk?  Tell them.  Can you not stand on that foot more than 10 minutes?  Tell them.  They dont read minds.  
    Perhaps, you have explained this to other examiners, but the VA is going on this exam.  Its got a nexus but no symptoms.  
    Remember, you get SC for a nexus (along with in service event and current diagnosis) but you get PAID for symptoms, not for caluza elements.  You have to have caluzas, but you also have to have symptoms.  
     
     
  6. Like
    asdf reacted to El Train in Eligible for SMC?   
    Pretty sure you need one claim to be at 100% then all your other claims add up to 60% thereafter to get to SMC-S.  You could have 20 claims add up to 200% and still not get it if you don't have one claim at 100%.  Not easy to do.
  7. Like
    asdf reacted to blahsaysme2u in Please advise // get retirement   
    AMAZING! i am in Roanoke btw! if you ever need to sit and talk hit me up bud!
    go here- our state has one of the best VSO programs out there! dont waste your time with DAV or VFW in my opinion! 
     
    https://www.dvs.virginia.gov/benefits/disability-compensation-pensions
     
  8. Like
    asdf reacted to john999 in If you are having problems with the VA ordering unnecessary   
    If you don't go to an exam your claim is automatically denied.  Can you get that through your head.  You encourage people to not go to exams and then deny it.  Have not you been warned about this before on Hadit?
  9. Like
    asdf got a reaction from blahsaysme2u in Please advise // get retirement   
    A non-retired disabled Veteran can still use the commissary, PX/NEX and MWR.  You don't need to be retired.
  10. Good One
    asdf got a reaction from Tlomax in Please advise // get retirement   
    A non-retired disabled Veteran can still use the commissary, PX/NEX and MWR.  You don't need to be retired.
  11. Like
    asdf got a reaction from Carlos C. Parscal in (CAVC|BVA) Remands & (10) year rule in effect.   
    Most high blood pressure is controlled by medicine. I deal with veterans everyday with it dating back to the 60s and 70s and I guarantee they are not long dead.
  12. Like
    asdf reacted to Lemuel in you don't need a private doctor imo to win a appeal or a claim   
    CUE, all of us can read your bad advice and decide not to follow it.  You give no reason for avoiding the examinations that will have any chance of getting another remand with proper remand orders.
    I have seen others get SC for secondary conditions they did not expect simply because they attended the examinations and had the good fortune to catch a physician who ignored the examination order by the RO or an RO that issued the order properly to do a complete examination. 
    I personally had a VA physician who did that in 1985 which was the cause of the recognition of my TBI brain injury and subsequently confirmed complex partial seizures I was unaware was happening. (atypical absences of just staring in an "altered state of consciousness which, for me seemed like a momentary inattention when actually they were lasting up to 45 minutes) 
    There is far more benefit from attending every examination possible because at least some will do a thorough examination as required by the CAVC Decision, “Once VA provides a VA examination, it is required to provide an adequate one, regardless of whether it was legally obligated to provide an examination in the first place. Barr v. Nicholson, 21 Vet. App. 303 (2007).”
    I missed two "private physician office" C&P exams after the really bad NP VA examination that sought every unfavorable remark in my record while avoiding mention of all of the favorable remarks while she avoided the BVA remands and stood by the exams as ordered by the DRO.
    I did not make the exams because it was early in COVID, and I did not think it was worth the risk after confirming the examination orders were the same as the ones that caused the remands in the first place and the "private physician consult" by the DRO was going to be followed without deviation meaning I was still going to have to get another remand from the BVA.  Not going will make it harder for me to get the remand. 
    All I have going for me is not wanting to repeat the examinations that would just have to be ordered over because the DRO copied the previous orders instead of following the remand orders and taking an unnecessary COVID risk.
    I am still fighting to get the temporal lobe epilepsy SC and to get compensation for the mistreatment of it with Tegretol.
    I agree with you, CUE, that there is a problem with RO and DRO examination orders and we would not have to appeal if the awards and examinations were according to CFR instead of whoever is causing the limitations in the orders.  The referral by the RO and DRO to private physicians that have to follow those limitations the save as the VA physicians had to in the past and the NPs in the C&P examination do now, and even write bogus examination reports often copying errors in earlier exam reports that are easily proven "arbitrary and capricious" by the record in appeal.
    Yes, it is hard to see a good examination turned bad by a later examination.  But the good examination, solidly based in the record is cause for claiming the bad examination is "arbitrary and capricious" and should be ignored and redacted from your record so it will not be copied again.  That is the subject of my motions to the BVA this time up.
  13. Like
    asdf reacted to pacmanx1 in P&T   
    I would not refuse to go to a C & P exam, we all have our own experiences but refusing a scheduled C & P exam could put your claim in appeal and be a serious headache. Even if the VA tried to doctor shop for a negative opinion, it will/would only put your claim in relative equipoise which simply means (a balance of positive and negative evidence) in your records and the benefit of doubt goes to the veteran and he/she wins.
    As for a reduction, if the VA would even try to reduce a veteran’s rating while on appeal it is called a Mischaracterization of the issue on appeal and the veteran still wins but refusing an exam would most likely cause you to get a denial of benefits and then you have to go the appeal route which is taking too frigging long.
     
  14. Like
    asdf reacted to brokensoldier244th in Beware LHI Bold Face Lie   
    Good luck with that *smh* If they do  schedule someone that just 'calls in' then they are the ones not following policy. Please feel free to report those, too.
     
    IV.i.2.A.1.c.  Mandatory Use of the ERRA Tool
  15. Like
    asdf reacted to brokensoldier244th in Beware LHI Bold Face Lie   
    So your experience with one location requires a missive from you that condemns everyone in all of them nationwide? Bit much, maybe?
     
    Report the site and drive on. Request a new exam that’s not LHI. I see, and fulfill, requests like this all the time at my lowly level-if the veteran lodges a complaint before a decision is made. What did you with that long if you had problems at the site? 
  16. Like
    asdf reacted to Tbird in (CAVC|BVA) Remands & (10) year rule in effect.   
    @Mr cueI didn't take it as cheerleading another site. Look if you get the information you need to get your claim granted then that is a success.
    We don't want to get into a pissing contest with another site, but i'm not seeing a problem with this post.
  17. Like
    asdf reacted to john999 in (CAVC|BVA) Remands & (10) year rule in effect.   
    I think you hurt yourself by not going to the exams!  Co-operate with the bs. You are fighting the game. If BVA judge says to get exams again then do it.  You could be going around and around for decades with appeals.  Be a good soldier and just obey orders just this once.  Just my thoughts.  Getting to the Court could take years.  It took me six years between BVA remands.
  18. Like
    asdf reacted to pacmanx1 in (CAVC|BVA) Remands & (10) year rule in effect.   
    Not to burst anyone’s bubble or start a debate but this is not illegal, and the VA is within their rights to order a new exam or exams and here is the reason why, after anytime a veteran is granted/awarded a service-connected disability or an increase in their service connected disability, the VA has the authority to request an exam or exams to determine the veteran’s severity level of his/her disability or disabilities prior to rating. This exam or exams maybe necessary to help the rating office make their decision.
    Now with all that said, the VA could rate the veteran’s new rating based on the veteran’s records but that is still totally up to the VA and if the veteran refuse to attend any new exams, the VA can still rate the new decision based on the records or the VA could simply just deny the veteran’s request due to the veteran refusing to attend any new exams.
    As to the 10-year rule, the VA cannot reduce or propose to reduce a veteran’s rating based on one C & P exam. The VA must prove that the veteran’s disability or disabilities has had marked improvement.
    What surprises me is that veterans play the VA game all the way through and finally decides to stop playing the game and refuse to go to anymore exam(s) and fail to realize that the simplest way to get the benefits they request is to go through their last exam or exams. Prior to any other decisions, you already went through the exam process and these final exams will be no different.
  19. Like
    asdf reacted to pacmanx1 in RE;What VA Form should I use to file a QUE Claim   
    Cue claims can be filed at any time and there is no time limit but as VYNC already stated it would be a lot easier simply by filing a disagreement and go from there.
  20. Like
    asdf reacted to brokensoldier244th in FOIA Request   
    Be done all you want. I see this stuff every day. Its in your C file. You can't make up your own facts, Cue.
  21. Like
    asdf reacted to brokensoldier244th in FOIA Request   
    You haven't made one, yet. *smh* 🙄
  22. Like
    asdf reacted to broncovet in CUE for back & neck   
    Here is the deal:
       Cue is an onerous standard difficult to meet the requirements.  
       However, a "regular appeal" (timely filed) means the Veteran keeps the "benefit of the doubt".  
       So, unless you want "practice" filing CUE, then take the short cut, the easy route of filing an appeal, instead of deliberately making it harder on yourself.  
       I always suggest filing an appeal when you are within the appeal period (1 year for VARO decisions)
        File it on the applicable form, dispute the effective date, and go for it.  I advise to file direct to BVA (board of Veterans appeals) and not to waste time with a "higher level review" at the Regional office. 
        If you have evidence to support your position, such as a denial letter for the same condition, by all means submit it.  
        It sounds like you were actually in service, this probably means you applied within a year of exit from service, and are entitled to a presumption.  
       So, you got an exam before you got in service.  Then, within a year of getting out, you have some sort of malady.  The presumption here is you got it in service AND your effective date should be the date of exit from service.  Here is the regulation:
     
    Source:  https://www.law.cornell.edu/uscode/text/38/5110
        Its not unusual to get the wrong effective date.  
  23. Like
    asdf got a reaction from Ali in Information for Widows of Veterans   
    You can find all accredited VSOs, attorneys, and claims agents at this link and you can search by city and zip code.
    https://www.va.gov/ogc/apps/accreditation/index.asp
  24. Like
    asdf reacted to Carl the Engineer in Avoiding VA Contact   
    Simple.
    Go to your local County Veterans Service Officer and have him/her look into your file and have them print out what you are looking for.  Don't get too gready, just what you need.  Their resources are more limited than the VA.  And, they don't work for the VA, they are appointed and paid for by the County or State.  In WI, I believe every County has one.  
    About the only bitch I have with the VA is they are slow moving.  A lot of Veterans on Veteran's forums have legit complaints, however, I think that they are fewer than one would believe.  Not many come to forums to say every is great, i.e.  I came to HADIT to get past a couple sticking points and a better understanding of the VA comp system.  Too many Veterans don't get the benifits they deserve or apply for increase when they should, and a bunch won't do anything at all (like my brother) to even start the process for compensation or benifits, because "someone" told them to avoid the VA at all costs, etc.
    I treat the VA health system and the VA claims system, while seperate, go hand in hand when getting care and getting additional compensation for my maladies.  I got to about 60% when I was using private doctors, but when I went to only VA doctors, with their medical reports on my conditions, I was able to ask for increases, and went to 100% P&T over time.  If they were in cahoots, I doubt I would have gotten any increases.
    Go talk to your CVSO and get your stuff,
    Claim it,
    Carl
     
     
     
  25. Like
    asdf reacted to brokensoldier244th in HBP Claim   
    So what? Kind of a lousy delay tactic when its not delaying anything.
    Its not holding up his claim- he has his exams. 
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