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ruby

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ruby last won the day on January 10

ruby had the most liked content!

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About ruby

  • Rank
    E-7 Chief Petty Officer
  • Birthday 09/19/1950

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  • Location
    Florida

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    Marines

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731 profile views
  1. I believe your thoughts are correct. Unless his wife uses all her benefits, then if she Needs assisted living or nursing home, income becomes an issue.
  2. I ask my Psych doctor who said my sleep apnea is probably due to my PTSD but will not write it. She won’t buck the system its not her job to make those decision. And I probably won’t get it since the VA doesn’t recognize the connection. The sleep apnea doctors said your fat that’s the cause and yes he said that however I wasn’t fat when I was dx. I chose not to challenge him at this time but I will. Someone I know gave me the name of a specialist to get an IMO.
  3. I have used the patient advocates numerous times and I have always gotten a call from the Chief of that dept. People were reassigned due to 2 complaints of severe rudeness. Now that Trump has said they can be fired I’ve noticed a difference in staff rudeness.
  4. If the muscle injury caused the neuropathy I’d think it’s probably pyramiding. What symptoms do you have that are different from the neuropathy? with that said I really don’t know the answer.
  5. Going the BVA route to me is the way to go. What happened to you is similar to my situation. But I won on the DRO level.
  6. I haven’t a clue what you can do but I would file a letter in your file that the examiner stated they would hospitalize you if you admitted you have had suicidal thoughts in the past . I would call your psy doc or your mental health professional get an appt and have them put it in your file you were afraid of beIng hospitalized so you said no never. i have those thoughts all the time and I do have a plan and it’s all documented in my file. But I’m not suicidal at my psy visit just severely depressed at times and I have a pact that I will call her first before I execute my plan and I will. I believe I was asked if I was currently suicidal in my C&P. I would get it corrected immediately. I’d file addition evidence titled statement of correction saying that your understanding from what she said you would be hospitalized if you admitted to suicidal thought within the past 3 yrs. I don’t think the patient advocate can help. Go to medical records and tell them you want have a statement put in your records. Get a copy when it’s done and send to VARO or your VSO im sure it’s documented in your records you have these thoughts and now your saying no basically you lied. Get it corrected!
  7. Dust off, I have a complete copy date stamped by the VA. thanks
  8. Buck, if the VA acknowledge they recieved a claim but never adjudicated the claim is that a cue.
  9. Deebbud, the section your looking for 3.159 (5/08) duty to assist. 1. Competent. Medical evidence means evidence provided by a person who is qualified through education, training or experience to offer medical diagnoses, statements, or opinions. Competent medical evidence may also mean statements conveying sound medical principles found in MEDICAL TREATISE. It would also include statements contained in authoritative writings such as medical and scientific articles and research reports or analyses i always wrote see section etc. duty to assist then I would type that section, number, it as evidence and provided a copy. I did this because no one could say oh I didn’t know, if it went to the highest court every piece of evidence would be in my file to support my claim.
  10. I’m fortunate that I leave near a VARO, I took my claimed and had them date stamped (each piece of paper) some times. If I needed to file something by mail it was numbered and sent return receipt.
  11. Would like to think I worded my case properly and throw everything at them. There wasn’t a medical treatise or a medical opinion that I didn’t have. They imos were from world renown physicians.(I was lucky). I think any time you can prove your drs, IMO have more knowledge then time at any level the VA examiner has it’s a win. Your 100 years or expertise far out cedes the va 10 yr examiners base knowledge-significant theyre refuseal to accept the info to make them knoledgeable showed disdain /laziness for the vetereran. Nor would he read the medical treatise. I had at least fifty article or cases and the rules that applied to the eveidence ,such duty to assist. The DRO read my case @nd I won. He only kind of understood but enough to figure I made my case. i took the denial apart word by word.always demand a hearing in person. good to anyone appealing. Ruby
  12. They ignored my VA doctored and private MDs IMOs unti it went to the DRO but I also stated in my appeal that my medical va doctors and private IMOs experience equaled 150yrs of experience to 1 DO with 15 yrs. Plus I included every rule or regs that applied to a equal or greater than evidence. I also complained that the examiner was not aware of my condition and refused to accept additional medical treatise to education himself on my condition or review the IMO or VA specialist statements. complain about it being the same examiner (np) who has less knowledge and expertise then a specialist. Put in in writing!
  13. I totally agree. Some people/VSOs say the least the better but Carlie always told me more is better. If you get your claimed first time around at the RO level great 99% don’t. You want your evidence everything from day 1.
  14. If he just applied for kidney disease they would deny at the RO level.I haven’t researched this but I’m sure there are plenty in the BVA. If he applied for kidney diseases as a primary and didn’t specifically state secondary to medications prescribed to me by the VA for my Sc back problems. Motrin 600 mg as evidenced by my SMRs then attach those pages the ro will deny. I would fight the decision, then I would attach any BVA cases related to Motrin and kidneys first then I would attach medical literature to support. Any medical articles that state Motrin is a known or has been shown to cause kidney damage is evidence that can be used to support. The RO will deny but a good DRO will look at the articles. It happened in one of my claims. I inundated them with case law, BVA decisions, Rules and Regs and medical articles. I was denied at the RO level but approved at the DRO. Had it gone to the BVA I would have had more then enough evidence to win. My condition was not in the VA conditions ( can’t think of the CFR section). I was awarded additional secondary conditions at the same time related to this condition. granted I had mds state more likely then not, the RO denied because the VA examiner didn’t look at anything just a basic denial. The DRO needed the medical articles to under the secondary conditions. all my literature I attached said that people with this condition are known to have etc. the DRO said it’s similar to an auto immune disease and I said kind of.
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