Jump to content

broncovet

Moderator
  • Content Count

    10,611
  • Donations

    $50.00 
  • Joined

  • Last visited

  • Days Won

    262

broncovet last won the day on January 23 2018

broncovet had the most liked content!

Community Reputation

3,293 Excellent

About broncovet

  • Rank
    HadIt.com Elder

Contact Methods

  • Website URL
    http://

Previous Fields

  • Service Connected Disability
    100
  • Branch of Service
    Navy

Recent Profile Visitors

7,003 profile views
  1. Apply for a new claim for the neck injury. No, dont count on them to do it "automatically". Thats like "automatically" winning the lottery. Then ask for your migraines secondary.
  2. Caluza element 1: Current diagnosis...get that from a doctor. With PTSD it needs to be a VA doc. Caluza element 2: In service event. You cant "get" that..it needs to be documented in your records. You may be able to get a buddy letter which would suffice. Example: Your buddy saw you get shot at. Caluza element 3: Nexus. This comes from a doctor, or from an IMO. You have to pay for the IMO.
  3. Not all Vets have 5k in the bank to afford a flight to OKC, and an exam..sure it may be less, but it might as well be a million dollars if you dont have it. There are docs and attorneys who help deserving Vets get the benefits they deserve and dont require they have a bankroll to pay for all this stuff up front. My old attorney, Glover Luck upfronted an IMO, and deducted the proceeds out of my retro. I understand Hill and Pontoon does the same. Dr. Anise is a lawyer and a doctor, so he may look at your case and decided to upfront an IMO if he thinks your case has merit. I was near homeless when I applied for benefits, and, of course, VA made sure they delayed my benefits at least 3 years virtually guaranteeing I lost my home. (no income.) Its their plan. Make the Vet think he will get benefits in 90 days or less, deny him 80 percent of the time, then put him in a 5 year appeal que, hoping the Veteran will commit suicide before he ever gets them. It works far too often. Solutions are not readily available, and very difficult to find. They did not know how persistent I am...still fighting them for benefits 17 years after I applied. They thought surely I would commit suicide first. Sadly, many Vets do just that. Persistence works when other stuff does not.
  4. Yea, you can file. Whether or not it will be approved is largely dependent on your documentation of the Caluza elements: Current diagnosis of PTSD, in service event, and doctors opinion that your in service event caused your ptsd. If you have all 3 of these, you should get a ptsd rating. The percentage will depend on your symptoms, and I have no idea what those are.
  5. Yea..they dont tell you that when they ask you for a POA. In the Legacy appeals (IDK about Ramp), several years ago, my (Board appeal) also said, "WITH VSO". So, I called my (national) VSO and he said, "Aw, heck, dont worry about it..you already have a docket number, so you are "in line" while we prepare your brief before the board." So, I called the BVA to ask them what my docket number was..since the DAV said it had been docketed. The BVA responded..we dont have a docket number, until your VSO sends it to us. This means the DAV was lying..they had delayed my claim by a 18 months preparing a brief. Its just another hamster wheel where the VSO's and VA employees send us on a wild goose chase.
  6. Remember this: VA "makes stuff up" to deny. Again, if you have the requisite service (such as "in country" Vietnam), then you are "presumed" to have contacted Lupus "in service" because its on the presumptive list. Yes, they can deny you. You have to appeal. ITS sad that they deny valid claims and make stuff up to send us on a wild goose chase, but, well, thats why you need hadit. Frankly, you can not trust all VA employees, and you can not even trust what they put "in writing", either. I was denied hearing loss because "it was too long since military service". Bogus. "Time since military service" is NOT one of the criteria or Caluza elements. Also, they may well deny you absent a nexxus, when you dont need one, when on the presumptive list. You think these people all know their jobs? Think again.
  7. There are 2 different kinds of presumptives, as you learned: 1. If you served "in country Vietnam" and have one of the diseases " on the presumptive list for Vietnam service", then you are given a presumptive. There are also certain presumptives for Gulf war Vets. 2. The "other kind of presumptive" means: . You go into the service healthy, and a doctor says so. When you exit service, disorders you have are "presumed" to be service connected WHEN YOU APPLY FOR BENEFITS WITHIN A YEAR> Example: You go in the service with no broken bones. When you exit service, they note a broken leg. This is "presumed" to have occurred in service. Now, VA can "rebut" this presumption. ONE example of a rebut: SAme example, but you get into a car wreck one week after service and fracture your leg. You didnt get the broken leg in service, you got it in a car wreck afterwards. But the VA would have to have "evidence" of an after service injury. You "do not" have to apply within a year for number 1, on the AO presumptive list.
  8. You need to appeal. Dont feel like the lone Ranger, my claim was denied "even tho" I had all 3 CAluza elements: 1. PTSD diagnosis 2. IN service event, or stressor. 3. Nexus, or doc opinioin that your PTSD is "at least as likely as not" caused by your in service event. Now, VA is not always "straight forward" with us on denials. That is, they lie. Go through your medical and STR's and see to it all these are documented. Make sure you have a "stressor" documented. You see, the nexus will be invalid UNLESS you have a stressor. The doc shouldnt opine its related to military service it's related to an "event" in miltary service. There is a difference. Military service does not "cause" PTSD. A horrific event causes it, and you have to have that event documented. My advice is to look over your records (get your cfile), and make sure you have all these Caluza elements. If DOC A, says its related to service, and Doc B says NO, then the doctrine of equipose should work in your favor. However, VA "can" choose one opinion over the other, but must give a reason and bases as to why. For example, one doctor may know you better and spent years with you, while another saw you 10 minutes. They could also provide other reasons as to why one c and p exam was selected over another. My advice is to get a copy of your cfile and go over it. If your C and P examiner made a mistake, then you can have your records collected. The procedure is here: https://www.law.cornell.edu/cfr/text/38/1.579 You could argue that there was an error in the exam if the same doc offered 2 conflicting opinions. Then appeal by filing a nod.
  9. Download and send in multiple signed and filled out 21-4142. You wont get benefits until/unless you do. Send a seperate form for both VA, and EACH civilian doctor or applicable hospital, where their evidence may substantiate your claim. (If a doc in in a medical group of 4 doctors, then send one for the whole group.) Vets get denied if they dont send in the required release forms. They can not compel you to fill out and send in each form, but they deny you if you dont. You have "abandonded" your claim if VA asks for information and you do not sign a release for them to get it. I do not know which doc, which claim, but you simply have to send them the filled in and signed forms for all of them. We dont have to understand it, we simply have to comply.
  10. The VA manages to pay their employees every other friday, without a hitch, ever. What they need to do is either: 1. Pay "0" VA exuctives until every Veteran is paid, OR 2. Transfer the people who do "employee" payroll to do "Veterans benefits". Then, we would get paid in 2 weeks or less, every single time. 3. Shut off congress pay until all Veterans benefits are paid.
  11. With fertility, you need the same basic things as with all claims: The Caluza elements of: 1. Current diagnosis (infertilitiy) 2. In service event or aggravation. 3. Nexus or doc opinion that your infertilitiy was at least as likely as not caused by your in service event. However, "loss of use of a reproductive organ" would USUALLY be tied with some other service connected injury. SMC K (loss of use of a reproductive organ) is about 104.00 per month, unless you have something else with it that is Sc.
  12. You have been spending "too much time" on ebenefits..with the expected result: Worry. I suggest worrying about something else..like your house falling into a sinkhole this evening. Or, you could just try not worrying at all. Ebenefits, plus $10 will get you a cup of coffee at almost any place in town. Or, you can get coffee for $5 or less in most places without Ebenefits. Sometimes VA removes dependents. The reason is they think all Vets will abandon their kids and spouse after they get on drugs and alcohol if they have not already done so. If VA removes your dependents, send back in the form again, so VA can lose it again. Every time I go to VA they ask me if I drink, smoke, take drugs, etc. and my answer is consitently no. Of course, they dont beleive me, because everyone knows all Vets drink, take drugs, and abandon their spouse and kids, right? For me, they are 0 out of 4 correct.
  13. Welcome to hadit. Your posts are "hidden" because we do that to prevent spam. After you have posted about a half dozen posts or so, and you dont do things like put up links to porn sites, then Tbird will take you off the trial membership, where posts are "hidden" until a moderator, such as myself, approves them. Its nothing against you, everyone new gets their posts hidden until they kinda show they are posting Vets issues, and not using hadit for spam or scams. We welcome Vets with their questions, but we dont permit political talk, or advertising stuff. (Its ok if you post a link to things that will help Vets...you know, like maybe an attorney's site that represents Veteran claimants, such as this one: https://www.vetadvocates.org/cpages/sustaining-members-directory You probably dont need an attorney now, but if you get denied, that is a different story. Most of the time, I approve posts as soon as I read them. One time, a poster put up a link to where to purchase FAKE id's, and I immediately deleted the post. You dont want to be insulting other hadit members. Its ok to disagree with them, many times there are disagreements on how to best proceed with VA benefits. For example, there may be disagreement on whether or not to file a CUE, a NOD, etc., etc. Its okay to have a different opinion from the moderator or others. But name calling is rarely justified. We dont call each other "stupid" because we disagree with them. For example, well respected member, Berta, suggests filing a CUE much more than I do. She is very smart, and very, very good at helping Vets. Sometimes I do tell her why I would not recommend a CUE, but I dont tell her that is stupid. I may give my reasons why I think filing a nod is better than a CUE, and she may post hers. I was on another Vets website years ago, and there were cat and dog fights. One of the moderators was a former VA employee, so he thought he knew everything and you were an idiot for not agreeing with him. We have some posters here with EXTENSIVE experience at VA. We have had several attorney's post here, Alex Graham is a "non attorney" practioner (Vets representative who is not an attorney). And Berta...gee...she sometimes provides evidence to Congress, (if I remember right). Neither Berta nor Alex need a law degree..they site VA regulations from memory. Ask them what 38 CFR 3.156 C is..they will know immediately, without even looking it up.
×
×
  • Create New...

Important Information

{terms] and Guidelines