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Rivet62
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Posts posted by Rivet62
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On 4/2/2022 at 2:06 PM, Buck52 said:
Have severe Rheumatoid Arthritis just as about as bad as you can have it...
I swear by bone broth. Not just any old bone broth, but from an organic dairy farm is where I get the bones. It must be fresh cut bones from a real pasture fed dairy cow farm all organic because butchers often get sides of beef shipped in then they make their cuts from that. It has little to no positive effect for me. And the packaged stuff sold in stores is no good. But just half a cup of bone broth from the bones of my local organic dairy farm practically eliminates all my arthritis pain for days. You can drink it straight or simply use it in a recipe. It's amazing. I have persistent arthritic pain on a level of 7 or 8 on a scale of 1 to 10 daily, but with the bone broth I feel like I'm 15 years younger and the pain reduction effect is nearly immediate.
I want to add that starch consumption completely reverses the positive effect of the bone broth. I discovered this when I tried using corn starch to thicken the bone broth as an alternative use, like for making gravy. Boy the pain ramped up to like a 9 or 10 for me. So part of my solution is eliminate starch from my diet in whatever form. If I do consume a starch it is like maybe once a week and in a very limited amount.
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On 3/30/2022 at 2:46 PM, broncovet said:
Its a very rare event when you get SC "without" a valid nexus statement. It could happen (anything can happen at VA). But, if VA discovers their error, your benefits could be reduced by the VA CUE'ing their own decision.
I didn't have a nexus statement
I think the only thing I had was the "as likely as not" from a C&P examiner. Which causes me to think that can be undone easily by the recent C&P exam I had for my TDIU claim. Right? I mean, all it would take is another examiner saying "less likely than not" to undue the prior C&P examiners opinion. Right?
I have in-service treatment, and current diagnoses, but i don't have a nexus statement per se.
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23 minutes ago, pacmanx1 said:
when filing a CUE claim the veteran loses his/her benefit of doubt.
That says enough right there. If a claim is won by the "as likely as not" then a CUE can wreck that. I'll stick with what I'm doing, which is submitting the TDIU claim for in January 2022 and then argue later for an earlier effective date with the BVA. Thank you so much for pointing that out.
But for clarity, I don't have an active NOD now. I did have an NOD and VA's response was a shuffling of service-connected issues such that I remained at 80% anyway. I didn't appeal it. Instead, I filed the official TDIU claim form which is now pending. I hope to appeal an earlier effective date if they grant TDIU.
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It was my understanding that VA would not rate Obstructive Sleep Apnea (OSA) as secondary to Major Depressive Disorder (MDD). I thought VA would only rate OSA as secondary to the PTSD mental health condition, but on the Chisholm Chisholm & Kilpatrick website it appears that VA can rate OSA secondary to MDD.
https://cck-law.com/blog/secondary-conditions-to-depression-va-disability/
I know we were discussing this elsewhere on Haddit, but try as I might I cannot find it. I was left with the impression, from that discussion, that VA will not consider OSA as secondary to MDD. I could be wrong...
Does anyone here have knowledge or experience of VA granting OSA as secondary to MDD?
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8 minutes ago, pacmanx1 said:3.326 Examinations.
For purposes of this section, the term examination includes periods of hospital observation when required by VA.
(a) Where there is a claim for disability compensation or pension but medical evidence accompanying the claim is not adequate for rating purposes, a Department of Veterans Affairs examination will be authorized. This paragraph applies to original and supplemental claims as well as claims for increase submitted by a veteran, surviving spouse, parent, or child. Individuals for whom an examination has been scheduled are required to report for the examination.
Right. I put in a claim for increased compensation. What's shown above shows that the CFR section 3.326 trumps M-21, Part IV. Right? When in doubt, look to the CFR. Right?
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On 4/2/2022 at 8:28 AM, broncovet said:
There is a specific criteria for reductions, in the regulations, and "applying for an increase" is NOT a criteria for reduction. They cant reduce you "unless you meet certain criteria", which generally means your disabilites have "actually improved under ordinary conditions of life".
Sometimes, the VA "tries to reduce you anyway", but, "it wont stick" unless you meet the criteria. https://www.law.cornell.edu/cfr/text/38/3.951. and
Thanks for easing my irrational panic attacks on my pending TDIU claim.
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On 4/1/2022 at 6:04 PM, harry59 said:
I know the M-21, Part IV, states that "with only rare exceptions, veterans over the age of 55 will not be recalled for reexamination." but I'm not sure if that pertains to mental health claims.
I called VA about this. My question for them was, why am I going to C&P exams for my unemployability claim when I'll be 60 this year, and do I not fall under M-21, Part IV? They said since I submitted a claim for increases (TDIU) that section doesn't apply. My understanding is that M-21, Part IV applies only to VA's initiation in its random selection of C&P requirements, but since I initiated a claim then I have also initiated the C&Ps that VA requires to process my new claim. Mind you, I am 80% not 100% P&T like you so undoubtedly there is a difference there.
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On 3/27/2022 at 11:37 AM, Dustoff 11 said:
This comment is not legal advice as I am not a lawyer, paralegal or VSO.
Ha... no but you're everything else. Wow your credentials...
But it appears you've used VA vocational rehabilitation twice. I didn't know that was possible.
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4 minutes ago, Whodat said:
What about ppl that don't have either?
Yeah that's a good question, but maybe ID.me is authenticating by consumer reports similar to DS Logon verifying a users identity when the password is forgotten... I dunno
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1 minute ago, Whodat said:
I know just know that I don't like the idea of uploading my driver's license or passport.
Right. Then I think... wait the government already has that. They have authenticated me on DS Logon, and also on MyHealth eVet for a premium account. Between the VA and SSA they know me better than me knows me.
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On 4/3/2022 at 8:22 AM, Whodat said:
Greetings all,
For the hadit members that uses myhealthevet, be aware of the new log in changes that is being implemented on April 11. You can no longer use login name and password. You must us I'd.me or ds login.
I could be wrong, but ID.me is not a governmental portal. It is my understanding that ID.me is a private and/or perhaps quasi-governmental portal.
DS logon suits me better I guess. I'm looking for my tinfoil hat... oh darn where did I put it...
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42 minutes ago, broncovet said:
Mr. Cue is already receiving SMC (levels higher than S), so delays wont add to the retro
Ahh...
43 minutes ago, broncovet said:In other words when the Veteran is already SC for the condition, any delays wont add to the retro, because its a fixed period of time, not open ended to the future.
Oh ok
43 minutes ago, broncovet said:More on point: The attorney is pro bono, so he doesnt get paid no matter how long it takes.
Ah yes, I realized that in his comments on another post.
45 minutes ago, broncovet said:..Now, on to Howell.
Food for thought.
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Is it possible, or advisable, to file a CUE for a decision that excluded TDIU consideration, while concurrently having a new claim filed for TDIU?
I should have filed a CUE, given the success of a case posted here by the member named Dustoff 11, (posted Tuesday at 10:26 AM):
Some back story here:
I filed my original claims in 2016, for which I was granted 80% combined. My attorney included "failed to consider TDIU" on our NOD following that decision of 80%.
Yet again, the response to my NOD from the VA made no mention of TDIU.
Fast forward to January 2022, I filed the TDIU request form, VA Form 21-8940, the official VA form to apply for Total Disability Based on Individual Unemployability (TDIU).
However, it appears I may have a CUE concerning TDIU based on what was said by Dustoff 11 on the thread linked above. Based also on the fact that VA has ignored my issue of TDIU twice. First, in its failure to respond to an inferred claim of TDIU in my original claim and second in its failure to acknowledge TDIU stated on the NOD.
My question is, is it possible (or even advisable) to file a CUE for failure to consider TDIU in the original claim and again on the NOD? All VA health records repeatedly show employability issues that VA could not have missed, given the evidence they cited in their response to my NOD. Can I file a CUE on this matter of TDIU even while I have a pending TDIU claim filed as of January 2022?
What should I do?
How long do CUEs take? Should I withdraw my TDIU claim filed in January 2022? The difference is BACK PAY, one with an effective date much earlier.
What should I do? What can I do?
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49 minutes ago, Riplip said:
OK so I know my thread got compromised but I hope some are still following.
Oh gosh I didn't realize... Sorry. I will delete my posts straying from your topic. Very sorry...
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On 4/5/2022 at 10:26 AM, Dustoff 11 said:
4. The VA committed CUE by failing to adjudicate and award me TDIU or IU as an implied claim for IU based upon all the medical evidence in my VA and Army medical records.
The great Court agreed only with my #4 CUE contention and remanded my claim back to VARO for a P&T TDIU adjudication which they did. They said this was a due process error on part of VARO and also stated the BVA failed to read my CUE and TDIU claim in a sympathetic manner as a pro se self represented veteran claimant according to Roberson v Principe.
38 CFR 3.105 Revision of Decision (CUE) definition.
"Definition of clear and unmistakable error. A clear and unmistakable error is a very specific and rare kind of error. It is the kind of error, of fact or of law, that when called to the attention of later reviewers compels the conclusion, to which reasonable minds could not differ, that the result would have been manifestly different but for the error. If it is not absolutely clear that a different result would have ensued, the error complained of cannot be clear and unmistakable. Generally, either the correct facts, as they were known at the time, were not before VA, or the statutory and regulatory provisions extant at the time were incorrectly applied."
I really should have considered filing a CUE, because I had the same circumstance. Instead of filing a CUE I filed the original TDIU claim form, wiping out my effective date for large back pay. Everyone I talked to said "no you need to file the form." No one said CUE. So now I guess my only recourse is to argue for an earlier effective date IF I am approved for TDIU based on the form I filed in January. Just wow.
I wonder if I can file a CUE while still having the TDIU pending as of the January 2022 form submission?
This is actually a really good question that deserves a new thread, but your post here puts that question into context.
I will post that as a new question on a new thread.
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10 hours ago, Mr cue said:
Only thing that bother me is he is not showing that I have not been able to leave my home to make a income since 1993.
But hAy I could get it all address.
Something bothers me about this statement. I am assuming you now have an attorney? "he is not showing that I have not been able to leave my home...But that [sic] I could get it all address." That sounds similar to what my attorney told me about my desire for TDIU. It was like the attorney was not addressing TDIU. I could only guess that he was trying to build up my back pay by delaying the issue. If I had a greater back pay (TDIU) he would get a greater percentage in the future. I asked him how he could afford to work these vets disabilities claims and wait so long for his money. He said it was like money in the bank for the future and in the meantime he also worked cases outside of veterans disability law that paid quicker (like auto accident, etc). The bad thing about my attorney is that he presented himself as working exclusively as a veterans disability law attorney, when in fact his attention was very divided working primarily on cases having nothing to do with veterans disability law. Could it be that your attorney is doing the same with your SMCs? In other words, could it be that your attorney is deliberately adding unnecessary delay to your SMCs claim(s)similar to the delay tactic that my attorney employed?
My attorney told me the exact same thing when it came to my concerns for my TDIU, oh it will get addressed and the way he wanted to go about it was by adding YEARS to my TDIU outcome when in fact all he had to do was submit a form at the earliest opportunity.
CORRECTION: I see in your other posts that your attorney is Pro Bono.
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Based on a DBQ, would a C&P examiner be pressed by the VA to give an opinion on the nexus of an existing rating when the exam is for an increase (unemployability)?
I filed for unemployability. During my C&P exam for my Major Depressive Disorder (MDD) increase (unemployability claim) the examiner seemed to be asking questions or making comments that would suggest a re-determination of a nexus for my MDD. Have any of you seen where VA might ask the examiner for their opinion of the nexus on an existing rating when the exam is for an increase (unemployability)?
My head was swimming with anxiety and my back issues flared up to the point where I could hardly pay attention, but I think I had asked her point-blank if the exam included a nexus re-evaluation and she said no, but her line of questioning and her comments suggested to me that she was questioning the nexus. I think at one point she had to correct herself when I asked her is this an exam for the nexus and she seemed startled and looked down at her paperwork and said "oh that's right. This is for an increase." But then she just continued later in the exam with nexus-like questioning and comments.
My question to everyone is, have any of you experienced a re-evaluation of nexus following C&P exams for increases?
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On 3/22/2022 at 8:02 AM, shrekthetank1 said:
If you have any paperwork from your doctor to show your issues, I would take it with you and highlight the important parts. I had to do that with Dercums disease as they have no idea what it is.
I had to find a Skin specialist to tell me what it was and what kind of lipomas I have. I did not to this to start with and it cost me 10 years of fighting.
Anything you can do to help them will help you in the long run
My C&P examiner for my back issues told me that he looks at all records after the exam. I had records in hand. I had uploaded the most recent radiology reports. And yet, he said he had not looked at the uploads prior to the exam. He said he reviews all the records after the exam. I dunno... I think it was a good exam. He said he used to work as a doc at the VA and had a few negative things to say about VA's treatment of vets. I think it was a good exam, but because of the way he does it he reviews everything after the exam before submitting his opinion. I dunno yet...
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19 hours ago, Mr cue said:
The private exams no phone contact with bva.
No copy of comp exam before decision is made.
I been doing this VA thing seen 2000.
An I watch all this change.
We use to have osbudman to get help with the bva
We use to have phone numbers to call different regional office an bva
You could go to the VA hospital 3 days after your exam an get a copy.
No more dro hearings. U will be luck if you get the telephone call.
Do I need to list more changes.
I just see the future lol it is over
You will be fighting years on some case.
Right. I feel like I'm hopping on one foot, hands tied behind my back and blindfolded. I filed for TDIU, and I'm not at the 5 year protected status yet on my 80% combined rating. I had C&P exams from filing for TDIU. The C&P examiner raised the nexus question for my MDD. I find it amazing that a C&P examiner is given so much weight in an opinion that can turn my life upside down.
Shortly after the appeals process change (from legacy to...) the BVA then started refusing to take calls from vets. Coincidence? I personally suffered the consequence of appeals process changes that were not made clear to public, and further compounded by BVA no longer taking calls to clarify the process. Coincidence?
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On 4/5/2022 at 7:37 AM, Mr cue said:
You will get reduce before you even get a copy of the comp exam results.
To see what is going on.
Now you are fight for your rating back.
So if you appeal a reduced rating then will it protect your monthly money until it is decided at the appeal level? Or, do you lose your monthly money until you win appeal?
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On 3/15/2022 at 11:30 AM, Vync said:
Well, how about that...
The Hampton VAMC is a beautiful site with waterfront, a truly peaceful and timeless place, and historic buildings that give you a sense of Navy history. From the park area of the waterfront walk it overlooks the Norfolk Navy base. I am truly saddened to see this go.
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7 minutes ago, brokensoldier244th said:
We still have to request it but the lack of the offcial package shouldn't hold up exams/etc- at least on our end.
I've had the two C&P exams they requested.
The final decision on the claim has to wait for the official package, right?
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3 minutes ago, pacmanx1 said:
These records are not hidden, they are marked, labeled or flag as sensitive and VA employees need a special authorization to view these claims and or records.
Well then, I wonder if that adds time to my TDIU decision? No doubt it will. I know that my Official Personnel File (OPF) at the VAMC where I worked went directly to the OPM upon my resignation and they have it stored there at the OPM. What I thought would be easy, since I worked at a VAMC, is more complicated since the VBA has to request my OPF from the OPM, and we all know how delayed things are now. I uploaded all my VA personnel records I had on hand in support of my TDIU claim, but I think they are getting the file from OPM nevertheless.
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On 3/16/2022 at 4:19 PM, asdf said:
Have you ever worked for the VA? VA employees and contractors usually have their files hidden.
I worked for the VA at a VAMC and my attorney could access my VBMS. I have since revoked his representation and made the DAV the representative (who submitted the 21-22 on my behalf). When I went on VA.gov I could see that the attorney was still showing as representative, for like nearly two weeks after submitting the 21-22. I called the VA 1-800 number and they could not see the submission of the 21-22. So this time I had made the change myself on VA.gov, being sure I had the correct street address for the national DAV office in my state to submit the rep change. The representative change occurred within 24 hours.
I'll update whether or not the DAV can see my VBMS, because just this morning I requested copies of my C&P exams through their VBMS access.
Not Sure - Would Really Like a Consensus
in VA Disability Claims Research
Posted
Yes. My impression is that VA decides by process according to regulation (law) by what is put in front of them to do, but the judges interpret the law.