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broncovet

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broncovet last won the day on January 16

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About broncovet

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  • Service Connected Disability
    100
  • Branch of Service
    Navy

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  1. Dont panic. Is he over age 55? Go to the exam. They cant reduce you unless you have had "actual improvement under ordinary conditions of life". Source: https://www.law.cornell.edu/cfr/text/38/3.344
  2. Its rarely a good idea to "cancel claims" and almost always regretted when it happens. You would only cancel a claim when there is a "compelling reason", such as sometimes, VA will offer to "award condition A if you withdraw condition B". I have withdrawn claims and regret it, because "I thought" it would speed up other claims. It didnt. VA would "love it" if you withdrew (cancelled) your claim, and they would especially prefer if ALL Vets withdrew all claims then they could take a vacation and have a party on taxpayers dime.
  3. Like before, "you cant count on ebenefits or VA.gov". While its okay to follow up with your lawyer, as broken soldier explained, ebenefits/va.gov is a third party site, and it does not bind VA. My advice is to "not worry" about anything, until/unless you get a letter in the mail. Then, take action. EXCEPTIOn: If you look in ebenefits "letters" section, check to see if you can print a letter with a disability percentage. If that percent is different than what you are getting now, its usually pretty accurate. VA does not want us running around with Official lette
  4. There are 4 class actions suits you should know about: (and my short summary) 1. Wolfe vs Wilkie If your bills for emergency treatment have been denied by VA, check out Wolfe, it may have been done illegally. 2. Godsey vs Wilkie If your BVA appeal has been delayed more than 18 months, then consider contacting NVLSP about it. 3. Sabo vs USA Thousands of Iraq and Afghanastan Vets were "supposed" to be discharged with a 50 percent PTSD rating, and VA denied those illegally. 4. Nehmer and Blue water Navy Vets: There are conditions which are presumptive for Agent
  5. broncovet

    KbvetAgent

    NVLSP This should be "at no cost to you" provided that, you meet their criteria for representation. Generally their criteria is not all that "tough", you need to have a dd214 (which proves your service), and, you will likely need to provide them a copy of the decision denial, if available. They can decide if your claim "has merit", obviously, they dont want to represent you if they think you have no chance of winning. However, "even if" you dont meet NVLSP criteria for representation, you can persue another attorney who may see it differently than NVLSP lawyers. I have been tu
  6. Short answer: We dont know if its 1151, we have not read your file. Im not sure its "medical malpractice" for the VA doc "not" to disclose stuff to you. I recommend you think about "what you have to gain". As far as new claims go, The only way to increase your compensation above tdiu is to get SMC. Remember, if you have a single 100 percent (TDIU counts here, per Bradley VS Peake) plus an additional 60 percent, you should get statuatory SMC S housebound, which is about $370 per month. So, if you may get SMC S, or other loss of use (SMC) then apply. You can just
  7. You are asking we "interpret" what is a "incapacitating episode" or if allergy shots are considered "treatement visits". While I wont attempt to interpret the regulations, I do know that 38 CFR 3.102 requires the Veteran be given the benefit of the doubt. My advice: If you think you deserve a higher rating GO FOR IT.
  8. broncovet

    KbvetAgent

    Good question. "Counting on VA" to always do what is right is often at odds with maximizing your benefits. My advice: Dont count on VA. Pick all or some of these things: 1. Contact NVLSP and ask their attorneys about it. 2. Send a new supplemental claim. 3. Send "new and material evidence" 38 CFR 3.156 explaining that your denied claim is now presumptive. You can send that on a 21-4138. This means your claim would be "reopened" or SHOULD be reopened. 4. Worst thing to do: Do nothing.
  9. Someone explained "VA.gov" and "ebenefits" are third party applications, and they are not binding on VA. That makes sense, I often wondered how could these sites be so unreliable, and out of date. I guess VA can "blame the third party" for it.
  10. Excellent questions. I got a student loan discharged several years ago, but "may" be eligible for a refund, but probably not, because I dont recall making very many, if any, payments on my student loans. Im sure they wont refund money I did not pay. However, and I dont recall this, they may have "taken" my tax refund checks, which amounts to payments, even tho they were late. I do know that, after I got my 100 percent, I went down to VA and eventually received a check for repayment of copays/deductables on meds. (I didnt pay those either, but they did take money from my tax re
  11. Submit the claim so VARO receives the claim BEFORE Feb. 1, then your pay, if awarded, will be effective March 1. Submitting the claim later, always means less retro. As far as "slowing your claim down", your claim is already progressing at a slow crawl, as someone pointed out the records departments are on a skeleton crew and that comes very slowly. I know you want your claim done quickly. We all do. Looking at the bigger picture, tho, file now. We really dont know, for sure, if it will slow your claim down or not, it could even make it go faster! As an example, your claim "could
  12. As always, you need all 3 caluza elements for SC. (Its reduced, to 2, however, for secondary SC.) For secondary you need: 1. Current diagnosis. 2. Nexus, or doc opinion between your present SC condition and your proposed new Secondary. Example: "If" your doctor(s) opine that your arthritis and other knee problems are "at least as likely as not" related to your SC Degenerative disk disease, then you should be able to get rated for secondary conditions. If your VA doc wont make such a nexus statement, then perhaps a private IMO will. Rememb
  13. This is "ONE" of the reasons why "you" need to keep a copy of your Service records and "dont depend on VA" to do that for you. To answer your questions: 1. No. "In service treatment" is NOT required. What is required is Caluza elements: a. CURRENT diagnosis. b. "In service event" (not necessarily treatment. ONE example of this may be parachute jumpers. They jump out of airplanes. Often, years later, knee/ankle problems show up. And it does not take a rocket scientist to connect these dots. c. Nexus, or doc opinion your current diagnosis is "at least as l
  14. Your private doc is probably good at TREATING your conditions, but getting them SC is a new ball game. My advice is to get your medical records, and see if you have the caluza elements for each new condition. This means you would need a nexus statement, and a diagnosis by the doctor. (The "in service event" has to be supplied by your military records, your doctors can not create an in service event back while you were in service. If, however, your doc is familiar with "what VA wants", then you can have him provide that. Some, well meaning private phyisicans m
  15. This is a great example of why "NOT" to wait on stuff in order to apply. You waited, went to numerous doc visits, and how are you repaid? YOU STILL have to go to a c and p exam. (more waiting) Figure out how much retro you lost by waiting to apply. "Waiting" to apply (or for an increase) is like "waiting" to check your bank to see if your deposit cleared, or never open your mail with checks. Waiting to apply almost always costs you money.
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