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broncovet

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broncovet last won the day on January 23 2018

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About broncovet

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  • Service Connected Disability
    100
  • Branch of Service
    Navy

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  1. The "Overuse of ebenefits" (OOE) should be classed as a mental health disorder, and rated like OCD. (Which it is). It should be service connected, since no one ever checks ebenefits unless they are SC, or are trying to be SC. Its caused by a natural desire for Veterans to support their family's and excessive delays by VA. Thus is should be SC. OOE Schedule of ratings: Checking ebenefits 1 time per week or less. Mild OOE, rated 10 percent. Checking ebbenefits 3-6 times per week Moderate OOE, rated 20 percent. Checking ebenefits daily. Moderate to severe OOE, rated 50 percent. Checking ebenefits more than 2 times daily: Severe OOE, rated 70 percent. Checking ebenefits more than 3 times per day. Interferes with work, 100 percent P and T.
  2. Silly me. How could I make such a mistake? You posted, again, that I made the mistake based on what you posted, above! My opinion can not be any better than the opinion YOU posted. This is why attorney's want to read the decisions, they dont make judgement calls on "the opinion" of the Veteran. Please dont attack me for trying to help you!!! Now that you have corrected me, stating, If you have a medical opinion, well, you dont need my opinion, and the VA also does not need your opinion to substantiate that of a qualified medical opinion. You should be good to go with a valid IMO, provided you have all Caluza elements! Good luck to you!
  3. You posted: Ok. Here is the deal. To get SC, the Veteran needs 3 things, 2 of which are "findings by a compentent medical professional". And, unless a Veteran is also an MD, he can not make "medical determinations". He can only offer "lay opinions" and those opinions are insufficent to meed Caluza elements of "diagnosis" and "nexus". In some cases, "lay opinions" can suffice to provide evidence of an "in service event", also a Caluza element. In other words, your buddy "could" testify that he witnessed you, for example, have to watch while one of your comrades was beheaded with a grenade. The statement you made suggests you can just send in medical literature and the VA must regard that medical literature as medical evidence. NO. It does not work that way. You have to have evidence YOUR in service event caused YOUR disease..not one cited in the medical study. The medical study is valid "provided that" your doctor opines that this medical study is rationale for his opinion on the etiology of your injury. You can not cite the medical evidence, the doctor must do that. For one thing, you are not competent to opine on the "worth" of this medical study..it may be quite compentent medical study, or it could be useless scam used to sell products. The doctor is competent to decide that, not you, unless you are actively working as a compentent medical professional.
  4. Very well. I do have a few comments on your letter which it is my desire to help. First, there is a regulation which permits you to amend your records in error. It is here: https://www.law.cornell.edu/cfr/text/38/1.579 I suggest you cite this regualtion to make corrections to your records, and follow this regulation TO THE LETTER. Secondly, you are apparently challenging the competency of the examiner. This is good. But read Chris Attig's opinion on challenge to said examiner: https://www.attigsteel.com/va-advocacy-skills/va-medical-examiners-competence-presumption-rizzo/ Also, your letter has an error, that confuses me. In your letter, you wrote: These dates are the same, so it made me confused. Finally, I think this letter should be amended, as I and Chris Attig suggest, and put on a NOD form. You could also try filing it as CUE, but I think you will ultimately need to file a NOD anyway before the year is up. I hope this helps.
  5. The procedure is to file a nod, disputing the effective date, within a year of the decision, not to file a "new" claim for an eed. While I agree with fearless, that it sounds like the effective date should be the date of claim, there is an exception, which I dont know if it applies, since I have not read fearless' records. Your effective date is the later of: The date you applied or: The facts found (which is the date the doc said you were disabled.) Now, I have no idea "when" the doc said you were disabled. You can check your own records and find that, hopefully. There are exceptions to the general effective date rule, which I paraphrased, above. Its even possible for you to get an effective date BEFORE Jan. 2019 in at least 2 circumstances, which I will bold, below:
  6. You can try going to your local VAMC where your records are stored and ask them for a copy of the exam. They may/may not give it to you. Also try asking the doc who provided the exam.
  7. Short answer: We dont know. However, did your doctor opine that your lung cancer was "at least as likely as not" related to an in service event? Also, its possible that lung cancer is "presumptive" to your service in Vietnam, but I dont know that for sure. Here is the presumptive list, you can look at it and see if the specific type of cancer your doctor diagnosed you with is on this list: https://www.publichealth.va.gov/exposures/agentorange/conditions/
  8. Yes, but I suggest: 1. You white out your name address and other things which reveal identity. 2. For brevity, mostly give "reasons and bases" for decision.
  9. Yes, the VA can reduce your benefits. However, once you are P and T this means "no future exams are scheduled". This does not mean the VA can not schedule an exam, it means they consider it permanent and no future exam is needed. In all cases the VA must comply with its own regulations, or you can get (a possible future reduction) void ab initio. Here is one regulation the VA must comply with: (Notice, because you are P and T, you meet the criteria in the last paragraph): Pay attention to BOLD
  10. Well, as I said before, this sounds like "forward positive movement", whether it happens in days, or months. If you want to increase your chances of getting awarded, I would "make sure" that the physician they send you to fully complies with the VA remand directive, which you quoted. Did the BVA give a reasons for remand? Currently, you have no choice but to wait on the completion of the remand order, you can not appeal a remand. After you attend a c and p exam, per the remand, (or if they contact one of the old exams and ask the examiner to render the requisite opinion) read the exam and see if it does as the remand board requires. If it does, you should be good to go. If it does not, you may need still another IMO to feed the Goriya, he must still be hungry.
  11. Your entire file would need to be reviewed to find a CUE, and that is possible, or even likely, since many claims contain CUE errors. However, you posted: Statements made by a VSO are not Cue. Now, read the decision, and dont worry about what the VSO said or didnt say. The VA is allowed to give more probative weight to one doctor vs another, but must give a reasons and bases for doing so. And, one reason sometimes cited is that more weight is given to a doctors exam who stated he reviewed your records vs a doctor who did not review your records. See if the decision states that one doc's opinon is preferred over another. And, the reasons why. Strictly based on what you posted so far, I dont see a bases for CUE.
  12. Good luck with that. Chris Attig explains 38 U.S.C. § 7107(1)(C) for other sufficient cause shown here: https://www.veteranslawblog.org/how-to-advance-your-va-appeal-on-the-board-of-veterans-appeals-docket/
  13. The VA gets away with this, the same way it gets away with EVERYTHING ELSE: There is no such thing as accountability for the VA. As far as "fixing errors" in your medical records, there is a regulation which allows that: https://www.law.cornell.edu/cfr/text/38/1.579 I suggest you follow this regulation to the letter, disputing anything contained in the exam you beleive to be in error.
  14. I dont know if you can find God in another country, if you can not find him here, BUT, if you think God is compelling you to visit another country, then there is no reason you can not do so as far as benefits are concerned. You will have to deal with treatment issues in another country, and I have no idea how you will do that. Check your PM.
  15. Interesting. I have not heard of an appeal "going to the BVA" absent a Form 9 filed by YOU (or your representative) I wouldnt have advised contacting your senator, instead I would have advised simply downloading the I9 form, filling it out print it and mail it certified mail return recept requested. That has to be much faster than getting in touch with a congress critter. Its the Form 9 which gives the board jurisdiction over your appeal. You have to sign it, and designate whether you want a hearing or not. However, lets assume your attorney filed it for you. (He may have..he doesnt need your permission if you have given him POA.) Now, onto your question of whether or not to stay in legacy appeals or opt into the newer AMA, formerly called RAMP. To accurately answer that, you should either call the BVA or your attorney and find out if you have a docket number. If you dont have a docket number, then you are still a very long ways from a decision, so opting into AMA (aka Ramp) may well expidite this. If you have a docket number, then you can find out your place in line. The docket number is yy-xxxxxx, where yy is the last 2 digits of the year it was docketed. Now, if your docket number is year 2019 or even 2018, you probably have years to go, and it may save time to opt into AMA ramp. However, if you have a 2014, 2015, or earlier docket number, you should stay put. Grey area is 2016 or 2017. Of course, I would never advise going against your attorney's advice. While you may be displeased with the delay, unless you qualify for an advance on the docket, BVA's legacy typically take 5 years. Your attorney can not fix that. So, my suggestion is to contact your attorney and ask him the docket number for BVA. Unless there is a compelling reason, take the attorney's advice...not mine. Your attorney has a much bigger stake in this than I do, and he has read your file while I have not. So, take his advice over mine every time. However, lets say your attorney has given you a compelling reason(s) to fire him. You are gonna need to contact him and I feel anyone deserves to know why the are being fired. It may well be a misunderstanding OR, often Vets "expect way more" than attorneys are willing to give. Example: Lets say your attorney files an appeal for you, and you come up with a new whiz bang sure fire appeal idea. You email him. He does not respond. Do you fire him? Probably not. If you want someone to hand hold you, and encourage you, then speak with your spouse, your girlfriend, or a hadit memeber, or maybe your psychiatrist. Your attorney is not a crying post. He is also not a teacher in Veterans law, so he doesnt always owe you an explanation as to why he did it such and such way. If you want that, then attend law school. Remember, if the attorney does "everything" like you think he should, then you probably dont need an attorney, you could have just done it yourself. So, he is bound to do stuff differently than you think it should, else you would be a veterans law attorney.
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