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Everything posted by broncovet

  1. broncovet

    Tdiu awarded question

    Yes, there is a way to check. Go pick a sunflower, number petals odd or even and write a date on each. Then pick them out of a hat. That will be your date. Its actually more reliable than ebenefits.
  2. They could be holding off, but that is contrary to a fast letter they published on something called "partial grants". Interestingly, this fast letter has apparently been taken down, and no reason has been explained. The fast letter said that they were not supposed to withold retro, when a Veteran is awarded a partial grant, even with other stuff pending. They are suposed to pay you. As I said, this fast letter has been taken down, but I dont know why. How long has your retro been held up? If its been less than 6 months, this is not a "hold up" for VA..this is what they define as expiditious..in all cases except those involving VA employees, who get everything straightened out in 2 weeks, no matter what, leaving Veterans sometimes decades to get stuff fixed.
  3. I dont recommend submitting a new position for equitable relief. Instead, try the methods I posted earlier: Appeals, Reopen due to new and material evidence, (38 cfr 3.156 ) file a new claim or file a motion to amend the decision based on Clear Unmistakable error, in that order. The highest bar to jump over is CUE, so dont make it harder on yourself if one of the other methods work. The Secretary has already turned down your position for equitable relief (for whatever reason), and its unlikely that resubmitting that over and over will do anything but alienate the VASEC, as Alex has pointed out, there is no appeal for equitable relief. The BVA all is under the VASEC, so if the boss says no, what are they to say? You need to "win" your benefits, and to do that, use the tools I posted earlier. Dont keep beating your head against the wall. Just look at the goal and look to the fastest/easiest way to get there. If you submitted new and material evidence, then reopening may be the fastest way, while preserving your effective date(s).
  4. My advice is to wait for the envelope, and dont rely either on ebenefits or someone's interpretation.
  5. Tatoo this on your arm, if you are unsure:
  6. I would surely like to see the one Amvet's has. If its an official VA form, then those are available online. Here is one I found, that looks like it would work (second page): http://www.nd.gov/veterans/files/resource/Nexus Letters.pdf
  7. Suprise Suprise! VA docs wont (usually) write a nexus! Imagine that, considering VA pays them. YOu will need an IMO/IME for mental health conditions in order to get service connection.
  8. The trouble with this, Alex, is "Chevron Deference", aka the "Auer" defense, where Agency Interpretation prevails. So, if the VA "decides" to interpret these regulations in a totally unfavorable, and even inconsistent with the regulations as written, the agency interpretation still prevails. This is the same reason that "deemed denials" appear to conflict with 38 CFR 3.103, which requires a written decision: In pertinet part, Ingram states: The apparent resolution between these is that Agency Interpretation prevails, and VA is allowed to indefinately postpone a decision on any Veterans claim, for any period of time.
  9. Go to the facility you wish to attend, and make an appointment or call them on the phone. You may/may not (probably not) get travel pay to the new, further away facility. No, you are not likely going to be "choiced out" to the community. VA is cheap, and they dont want to pay for your health care unless they have to, that is, if you are over 30 miles from the nearest VA. They expect you to go to the nearest facility, and, if you want to drive further to a different one, you can do that but dont expect VA to pay travel pay. To accomplish a more permanent change of VAMC (after you are sure you want to do this), tell your prime care doc in the new facility you would like your records moved there. I dont recommend you move your records until you are sure you want to change. Chances are good most of the problems at VAMC facility "A" are no better than facility "B", with some exceptions. The grass isnt always greener on the other side, once you "get up closer".
  10. You wont know what it means until you get the envelope. It sounds like this is a SOC, which means you need to send in the I9 to continue your appeal to the BVA. I dont mean to be the bearer of bad news, but I see "nothing" that suggests you were granted an increase. As always, wait for the envelope as ebenefits is unreliable. Did you check the AB8 letter?
  11. We are trying to help you here. As has been pointed out, your petition for equitable relief has apparently been denied, and is not appealable. So, you have some choices, here: 1. Give up. Not recommended. 2. Try to locate, in your cfile, at least one instance where you submitted New and material evidence, 38 CFR3.156 b or 3.156 c. 3. File (again) for your requested benefits, since you posted you are apparently not interested in the retro that an earlier effective date (EED) could bring. 4. Consider reviewing your VARO/BVA decisions for instances of CLEAR Unmistakable Error. 5. If your BVA decision was within the past 120 days, you or your attorney can file a NOA. (Notice of Appeal). 6. Enlist the help of a representative (or attorney) to do the above, except, you dont need a representative for choice 1. An experienced attorney may also have a few other ways to get you your benefits. One way may be he may notice you have a "pending claim" you may have forgotten about, or that was never adjuticated.
  12. Can you scan and post the "nexus form"? I would like to see it. The Caluza elements are established Case law, omit or disregard them at your own peril, when seeking benefits. A "medical discharge" can be evidence, but does not necessarily mean you will get VA benefits. However, it could help you document an in service event, especially with your knees. (You posted that your medical discharge was about your knee). EACH condition needs the caluza trio to be service connected.
  13. VA compensation is designed to compensate Vets for an average "loss of occupational impairment". Its kinda tough to argue you have a loss of occupational function if you are working full time. However, Max Cleland, Senator Tammy Duckworth, and the Late John McCain are all 100 percent Vets who work full time, as they have overcame their disabilities. The problem lies when you have a 100 percent disability for a mental impairment, and then work full time. The VA does not seem to have a problem with people who are missing arms and legs and overcome this and go to work. However, if you look at the criteria for 100 percent for mental disorders, you will see that it says, "Total occupational Impairment". This isnt really compatable with working, unless you are working in what VA calls a "protected environment". If you watched Duck Dynasty, "Si" was an example of working in a protected environment. Most people would not hire him, but family members seemed to think he deserved it. You would have had to seen the show to understand. He was hilarious.
  14. A development letter is not the same as a decision.
  15. Yes, VA doctors "can" sign a nexus form, and you "can" also win the lottery, too. The trouble is, there is no VA "nexus" form...an intentional oversight. If your doctor is an "expert" in his respective field, he can provide a nexus. It needs to be very close to this: 1. The doctor states he reviewed your records and gives you a CV of his/her qualifications to make a professional opinion. 2. The doctor states "its at least as likely as not" that your (diagnosis) is related to "xyz" event which occurred during your military service. He then needs to explain why. (medical rationale). If your doctor does not do 1 and 2, above, expect your claim to be denied.
  16. As always, you will need the 3 Caluza elements for Service connection: current diagnosis, in service event or aggravation, and nexus, which is a medical link for the first 2. I suggest you check your records to see if you have all these. Its the same with sleep apnea. Speaking of sleep apnea, yes, I suggest you apply for both primary and secondary. However, Va is required to consider all means of Service connection: Primary, secondary, and presumptive. Mostly, if you count on VA "not doing their job" you will be correct much of the time. On the other hand, if you count on VA doing their job and following regulations, you will often be disappointed, as the VA follows its regulations pretty much only when its convenient for them to do so.
  17. broncovet

    Newly appointed PT with employee insurance.

    No. Your spouse has better coverage than you do, because dependents get coverage through Champva, but YOU (the Veteran) has to go to VA or pay dearly. I really dont understand this, but the spouses of P and T Vets, who are eligible for Champva, have it much better than Vets do, as they can go almost anywhere for care, but Vets get to choose wether they go to an often overcrowded VA, or go without care.
  18. If you were denied an earler effective date at the BVA, THIS is the perfect time to hire an attorney. Reason: EAJA often pays Veterans attorney fees at the CAVC level. So, you hire an attorney, the attorney represents you at the CAVC, and, when you win, the EAJA pays your fees. What could be better than that?? There is still time to appeal a BVA denial if that decision was within 120 days. Most attorney's who represent Veterans are more than happy to review a recent BVA decision to see if they can spot any errors, at no cost to the Veteran. Source: I personally have had 3 board decisions which I elected to hire an attorney. The first two, the attorney won remands for, which resulted in additional beneefits, and the last one, Im currently represented and await the outcome, which "could" be before Christmas.
  19. The short answer is we dont know how much or how much retro, but you can answer that yourself when you get the official decison from the VA. Your disability percentage can range from 0 percent, to 100 percent, depending upon your symptoms. If your doctor says your mental health issues prevent you from any type of employment, you should be at/near 100 percent or at least 70 percent. The criteria for 100 percent for mental health is "total occupational and social impairment". Thus, if you are working full time, its hard for VA to say your are "totally occupationally impaired". It sounds like you got your information from ebenefits, which, unfortunately is unreliable. Here are the charts on how much you will receive, depending upon the rating VA gives you. The compensation varies with disability percentage and your number of dependents. https://www.benefits.va.gov/compensation/resources_comp01.asp As far as the "retro" goes, your effective date should be the later of the "date you applied" or the date the doc says you were disabled. EXCEPTION: If you applied within a year of exit from service, then your retro (effective date) should be the day after you got out of the service. Example only: If you are single, and no dependents, and not working and rated at 100 percent, then your compensation would be $2973 per month. So, if your effective date was 20 months ago ( and I have no idea when your effective date would be), then you should get retro of almost 60,000.00. You wont get the full 2973 for all months, last year it was a bit less because of cola, as was the year before that. You get the idea.
  20. broncovet

    Hypertension C&P

    To add, you can only rebut medical evidence with medical evidence. Lay evidence does not rebut medical evidence. That is to say your opinion does not matter. You need medical opinions to rebut medical opinions.
  21. broncovet

    Hypertension C&P

    Pretty much, the VA does not "do requests from the Veteran for C and P exams", with few exceptions. The VA orders a C and P exam, pretty much at their own discretion, but sometimes the Board or CAVC will order the VA to provide an exam. If the Veteran could chose when/if/who to examine him, for benefits purposes, it would be pretty simple: Look online and find out which examiners give evidence to award, then have VA give you a c and p exam from that examiner. It does not work that way. VA, because they pay for the exams, hires an examiner at their sole discretion. However, you can hire an IMO/IME from an examiner of your choosing, which can be sufficent to rebut a VA paid examiner. This is precisely why most Vets who actually get benefits wind up hiring their own IMO/IME. Its the way the VA works. You dont have to like it, in fact, the more Vets an examiner makes mad, the better VA likes him.
  22. broncovet

    Rogue C&P Examiner?

    Well, yes. The VA lets C and P examiners keep their job provided that they mess over you and other Veterans. C and P exams are very lucrative..examiners get paid big bucks for doing an exam, but if they provide evidence for an award, then the VA simply stops ordering exams from that examiner anymore. In other words, the guy who signs your checks gets to tell you how to do your job. C and P examiners get checks from VA so they are obligated to perform their job the way VA specifies. This is precisely why many Vets who get benefits eventually hire their own private examiner (IMO or IME) to get benefits. When you employ the doctor, then you can ask him to do the job in the way you like. People have a strong tendency to do as their employer so directs, so they can keep their job.
  23. broncovet

    Connecting social media accounts - error

    It sounds to me like you (had) previously saved your passwords/user id, but probably cleared them at some point so they are not saved anymore. To fix this, you will likely need to re enter your username and passwords for either hadit or one or more of the social media's. If you no longer have your old username/passwords, you may have to do the password recovery.
  24. Berta has helped Vets for years, but no, she does not accept private emails. Apparently, one or more persons in the past has messed that up for the rest of us.
  25. Let me check my crystal ball, and I will predict what VA will do: Errriie music...........whewwwwewer..... Ok, I predict VA will deny 85 percent of first time claimants, usually for bogus reasons, just like they have done in the past. Then you will wait years for appeals. Finally, they lowball you, which also has to be appealed. Then, they hornswaggle you on the effective date, and, after you die they try to con your spouse out of DIC. This is what VA calls a "pro claimant, Veteran friendly, claims system". For me, its taken 16 years and I probably have at least 2 more years to go, that is, if everything goes like clockwork from here on. (unlikely). Once you have a condition service connected, its always service connected. This said, if you injured your back in a car accident while you are not in service, dont expect VA to compensate you for injuries sustained in this accident. Further, I will predict VA will fight you at every turn for every dime, delaying and denying every chance they can. Or, worse, loose all your paperwork. Your best bet is to keep a copy of everything you send VA (better is to send them the copy and you keep the original. Persistence will win out, as long as you have a legitimately winnable claim. (one that has all three caluza elements.)

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