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broncovet

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Everything posted by broncovet

  1. Preparation For Decision

    Most lawyers for Vets work on a contingency basis, so you should owe nothing if denied. Did you contact your lawyer??
  2. The "winner winner chicken dinner nexus will have: 1. It will state that the Veterans records (medical) have been reviewed. 2. It will state that the nexus is "at least as likely as not" format. It will fail if it says" maybe, could be, or other "speculative" statements. 3. If its an IMO/IME, then include the doctors CV, that is, his traiing and expertise in this field. A Phd from a doctor in Social work, wont help you with your nexus. 4. He needs to state his medical rationale as to why he offered said professional opinion. Something like, "The AMA issued a statement in 2015 that linked Raynauds and exposure to cold" for example.
  3. Submit the records. Its a mistake to think that some VA employee has your back and will obtain the applicable records for you. Take charge of your own claim and ensure that its done and dont count on an unknown GS5 employee, who may not even show up that day, to validate your claim. Many a Vet on here has counted on VA to get their records for them, and many have been disappointed.
  4. Unfortunately, the VA is often not that good at explaining in the reasons and bases that the reason for denial is that you lack one or more of the caluza elements, such as the nexus. We often have to figure that out ourselves. Now that you have gone on hadit and figured it out, you can have an exam done from the doc you mentioned, and resubmit this exam as "new and material evidence" under 38 cfr 3.156 c (pending claim), and likely get benefits back to the date you applied, or the date the doctor says you were disabled, which ever is later.
  5. If you expect VA to award benefits absent a nexus, you are virtually certain to be disappointed. The nexus statement is required in all cases except the "presumptives", and neither of these are presumptive. The VA wont accept a "continuity of symptoms" as a nexus. You have 2 choices: 1. Get a valid nexus, and continue your appeals and eventually win benefits. 2. Continue frustrating yourself without the required nexus. Alex has spoke of Vets represented by a VSO who have gone through multiple appeals with no valid nexus. The VSO should catch this, they often do not. Its up to you to ensure you have the Caluza elements or your claim will not likely be awarded. With a secondary condition, you need not "reprove" the original in service event. So, you need only 2 Caluza elements for secondary condition. 1. Current diagnosis. 2. Nexus, or statement from doc, that your (secondary condition) is at least as likely as not related to the (primary condition, to which you are already service connected.
  6. Tdiu

    When VA requests your records, make no mistake, they are looking for an "excuse to deny". As an example, for many benefits you have to have the requiste period of service, such as war time service for pensions. They also want to check for things like bad discharges which may make you ineligible. You see this a lot if you have multiple periods of service..maybe you served in the Army from 80-82, then the air force from 87-90. The VA likes to deny if you have a bad discharge...even when you also have a good discharge.
  7. Help Please

    You can find a fillable 21-526 here: https://www.va.gov/vaforms/form_detail.asp?FormNo=21-526 If you have a printer you can print it and mail it in. The Senior services in your area should be able to help at least provide someone to watch while you in person authenticate.
  8. TDIU - buying duplex

    The difference between "substantial gainful employment" and income is important. You can have plenty of income from investments, stocks, bitcoin, etc, as you are not "working" to "earn" that income. SGE is defined as earning over the poverty level which depends on your number of dependents, but is around 11,000 per year.
  9. The DBQ I read is "lacking" the required nexus. Until/unless you have a doctor statement that the Veteran's (cold injury is at least as likely as not due to Reynauds' contracted in the service). I dont know if "Dr. H's" statement is probative or not. To repeat, you need documentation of a diagnosis, an in service event, and a nexus. If you read your file and find all three of the Caluza elements, defined above, then you should win benefits eventually.
  10. Tdiu

    We have no idea what they are looking for, we dont know what is in your service records. However, to be service connected you need documentation of an "in service event" or aggravation, which is often provided by service records.
  11. PTSD Non-Combat Claim

    Go ahead and apply if you think you deserve benefits. Do a good job documenting everything.
  12. If you think your MM was caused by benzene, and you are seeking VA benefits for the same, then you will likely need another doctors opinion (IMO/IME). Before you shell out the money, you should post here as the IMO/IME has to be worded correctly for Va to accept it.
  13. iu 100% p&t smc L

    Notice that, in typical VA style, the regulation, above, does not require you to be "bedridden" to meet the requirements for SMC L. Being "bedridden" is ONE of the ways to meet the criteria, but not the ONLY way. This does not stop Va from denying SMC L as the claimant is "not bedridden". I recall reading a case where the VARO actually denied SMC L and in the reasons and bases they said the claimant was "not bedridden" so he did not qualify for SMC L. (not true). The VA makes stuff up as they go along, and we have to call them out on it to win our benefits.
  14. iu 100% p&t smc L

    I suggest you continue your appeals. By the way, I am continuing a similar appeal for SMC S, alleging the VA did not use the criteria to rate me.
  15. iu 100% p&t smc L

    The VA has to rate you "on the criteria". If the VA fails to use the criteria, its error. You can read the "criteria" for A and A yourself, and see if it includes a mandantory schedular 100 percent, but I dont see it. Tatoo this on your arm in case you forget: ...Just ask Berta how many times VA lied to her... And now, the criteria for SMC L (A and A is one way to get SMC L, but I included other ways in my previous post)
  16. Generally, you probably dont want to do a "reconsideration", at least not without "new evidence". Have you ordered your cfile so you KNOW what evidence the VA has? If not, there is a good chance VA is missing key evidence. According to at least one attorney, you dont want to do a "reconsideration". You file a Nod, resubmit new evidence under 38 cfr 3.156, etc. The reason is that its often confused with filing a NOD (which its not), and Vets miss the appeal deadline thinking they have "filed for reconsideration", when often VA just delays it until the appeal period is over. Its what they do. Res judicata prevents you from getting someone else at VA to "reconsider" your claim using the same facts and arriving at a different conclusion. In other words, you cant just keep asking for a do-over until you find a generous judge to award. Of course you can still appeal to a higher authority, up to the supreme court. Now, there is a "DRO" review/hearing, that is a "middle step" between VARO and BVA. In other words, a DRO is a "higher" entitity than just a regular rating specialist. Submitting new evidence changes all this because, now you have a new fact circumstances (maybe) not known to the previous judge.
  17. iu 100% p&t smc L

    Your eligibility for SMC L depends on whether or not you meet the criteria. A common way to get SMC L is if you need "aid and attendance". Here is the criteria, you tell us whether you meet it or not, and whether or not your doctor has documented the same: b)Ratings under 38 U.S.C. 1114(l). The special monthly compensation provided by 38 U.S.C. 1114(l) is payable for anatomical loss or loss of use of both feet, one hand and one foot, blindness in both eyes with visual acuity of 5/200 or less or being permanently bedridden or so helpless as to be in need of regular aid and attendance. (1)Extremities. The criteria for loss and loss of use of an extremity contained in paragraph (a)(2) of this section are applicable. (2)Eyes, bilateral. 5/200 visual acuity or less bilaterally qualifies for entitlement under 38 U.S.C. 1114(l). However, evaluation of 5/200 based on acuity in excess of that degree but less than 10/200 ( § 4.83 of this chapter), does not qualify. Concentric contraction of the field of vision beyond 5 degrees in both eyes is the equivalent of 5/200 visual acuity. (3)Need for aid and attendance. The criteria for determining that a veteran is so helpless as to be in need of regular aid and attendance are contained in § 3.352(a). (4)Permanently bedridden. The criteria for rating are contained in § 3.352(a). Where possible, determinations should be on the basis of permanently bedridden rather than for need of aid and attendance (except where 38 U.S.C. 1114(r) is involved) to avoid reduction during hospitalization where aid and attendance is provided in kind.
  18. I will post, below, the criteria for reductions. If you have been rated P and T, or have been rated over 5 years, its difficult for VA to reduce you:
  19. I dont know if the VA "will give you a second year" on the 100 percent convalescent rating (temp for up to a year), if you get a new surgery. I suggest you apply for it, if, indeed you are getting the other knee replaced. Yes, I know you would like a more difinitive answer, so you can plan, but still I suggest you apply but plan on it not happening. VA "may" not fight you as hard for a temporary rating as they do for permanent ones.
  20. I checked, and Mr. Krasnegor apparently does not belong to NOVA. However, as you pointed out that is not necessarily bad.
  21. va accountability

    You have identified a serious "leak" in the accountability issue, and that is because the only real accountability they have is to the white house, a first. It takes time to fix these serious issues, so be patient. If you have not had return/followup calls from the white house, then call again. If I have learned anything about the VA its that persistence wins when everything else usually fails. Its not unusual for a claim to take 20 years anymore. Alex, a couple years ago, got benefits back to 1994, which meant he had his 20 year protections in place when benefits were awarded. The VA sings the song, "every claim is different" so there should not be a time limit put on VA. Of course, every claim is different, but their procedures are supposed to be consistent, so there should be a time frame! It is absolutely wrong that VA has an unlimited amount of time to process your claim, while we have to file our documents timely or they are thrown out. (Try filing a NOD, or I9 untimely and you will find out what I mean)
  22. If a VA employee is corrupt, or treats us badly and we fail to do anything to even report it, then we have to bear some of the responsibility for a corrupt and broken VA. We can not expect bad people to "raise their hand", volunteering to be fired at VA. This said, I do think we should be "generous" when it comes to reporting VA employees, and only report serious obvious violations. If they are busy seriously serving other Veterans diligently, then leave em alone. We also need to tell VA when an employee does a particulary nice job, too. Remember, most/all of these we have contact with are probably earning under 60,000 per year (except doctors), and the VA execs (management) CAUSE MANY/MOST OF THE PROBLEMS, AS THEY ARE OFTEN DOING AS ORDERED.
  23. The VA can not "reduce" you without following the proper procedures, or it can be voided by the courts. Did they give you 60 days notice of the proposed reduction? Did they offer you a hearing? Do you have documentation (that is, the letter of proposed reduction)? If you moved and did not give VA your new address, then this may not apply as its not VA's duty to "locate you", but instead your duty to keep VA informed of your addresses. I have not had a TKR, but, have been informed by VA doctors I need one, and am considering same at this time. Im not currently sc for knee problems even tho I applied in 2002, and the VA never adjuticated it. Since Im at 100 percent, it seems unlikely that TKR would be enough to make me eligible for SMC S, altho, I have not ruled this out in the future. For that reason, I have not persued my "non denial" of conditions for my knees, noting the only thing VA did was list my knees as "not service connected" without a decision. While I know this is error, I doubt this will affect my compensation, so I "leave this alone" and try to free up resources for other Vets where it will make a difference.
  24. Obviously, we need to complain about rude, or corrupt VA employees. Probably to the white house hotline as Trump promised to get rid of dead wood.
  25. CHAMPVA no reply?

    I have had good luck with Champva...they are better and faster than VA, thats for sure. I suggest you call them and ask them your question.
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