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Whodat
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Posts posted by Whodat
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@Vync you are absolutely right, Vets often do self medical treatment as to where we were to do self treatment while in military. Hospital was the last resort. Now our brain is train to do so.
But Department of the VA isn't hearing that. There is no proof that you had to pressure dress your own wound and taken a Motrin. Not in your records. Or, your scar from your wound was self inflicted due to your self treatment so therefore the claim for scar is denied.
Just so much red tape to claim a disability.
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Another discovery while going through my VA notes.
My primary care Dr. had uploaded a letter in my VA notes stating that she have been treating me for x years for my chronic neck, back and knees, also pointed out events or injuries that are in my record, and used the magic statement as least as likely caused by an event or injury while in service.
The c&p examiner trumped my primary care doctor and her magic statement is less than likely than not.
Although treatment records shows an invent or injury, it was an acute injury and had been resolved. Lack of continuity while in service and immediately after service.
C&P Nurse practitioner have power.
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1 hour ago, USMCVMO said:
i dont know. It does not say if its waiting on a judge for a hearing. My appeal was submitted for a previously denied claim. He filed the appeal a couple of years ago. This appears to be waiting for a judge to make a decision but I have no clue.
Is this a legacy or ama? Legacy, you should have already had a hearing. AMA, may take awhile. If your attorney withdrew, I have heard from Hadit family that some have appeared BVA without a lawyer and won. Some say that you do not need an attorney until you reach CAVC.
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I agree with all. If you had no hearing, try and find another rep/lawyer. Now you might get a notification that you have a hearing within the next 90 days. You have to work hard and fast to find your right rep.
Now if you have already had your hearing with your attorney, sit back and wait for the decision. If it's a positive decision, congratulations, you don't owe your attorney.
Now my question is, does the VA knows that your attorney withdrew? We don't want your backpay flapping in the wind.
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Greetings Hadit family,
Sorry that I have been offline for awhile. After Christmas, I have made a big move from Missouri to La.
Hitting back on this topic that I had started. BVA is on a roll with delays. Had my hearing in April 2022 and as of today, no decision or nothing. I thought hiring more judges would speed things up. Not.
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The original posting have me a little confused. But I think that what Kolls is looking for is his VA ratings.
Now sounds to me, he does have ratings and is receiving benefits. Sounds like his rep bamboozled him.
I think that he thinks that is is 50% combined and total but is probably not.
He is getting billed.
The first thing Kolls need to do is call Peggy or see a Vet rep to see if he can get a copy of his sc disabilities.
Once he get a copy, share it with the Hadit family and we can go from there.
His VSO may have filed a claim for headaches but he may have gotten a zero rating.
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7 hours ago, freebearphil said:
the people at this number 800-827-1000 have been great will answer all your questions. they will explain the whole prosses if you need them to. just remember they are helping many vetrans so be patient & courteous it will get you farther. merry Christmas & good luck.
Bull shigaty. Most of the time, they just read on the computer what you see as well. They can't and will not give out any more info.
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Dedication is not just for your immediate family and friends, dedication is for all families and friends. Who will take time for that? Looks like Sgt Wilkie, John, and T Bird have time for our Hadit members, yes we all have family, but we also have reached out to our extended family. Only 3 responded. But most have checked their email or texts. Not important, we will respond tomorrow. Oh happy late Merry Christmas. I didn't see my email or texts. Usually the answer but how many times today did you checked your texts or email?
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3 hours ago, Tbird said:
Oh Whodat I was spiraling down a dark hole when I looked up and saw this Merry Christmas to the HadIt Family, and I realized I created that family.
Honey, I have read your Bio, seen what you have did in the past and what you are doing now.
I love and respect you so much for not focusing on that rear view mirror but keep focusing on that front windshield. You have did that for millions of people. Look at the grounds that you have built. Hadit. That's all you. The devil tries to take ppl down but God has a mission for you. Never give up. When you have completed your mission that God intended for you to do, then he knows when for you to come home.
Hang in there, God Bless
Got the number -Tbird.
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Thank family for the education. Wish I had known all of this sooner
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I am not sc for headaches.
Filed for tbi but was denied as well. Denied because of no diagnosis or treatment. My medical records following my vehicle rollover showed no report or injury to head. I can't win that one.
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And to add to this, I have requested of a copy of the DBQ but never received it. Being that the second exam was a NP contractor, I am definitely going to question that exam.
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I was actually diagnosed with migraines. Listening to barracks lawyers, was to claim it as a secondary being that I was not diagnosed while in or 1 year after service.
A Neurologist actually diagnosed me.
Claimed it secondary to tinnitus and other service connected conditions. Of course denial. I understand I should have kept it simple and say headaches. Now all of that is in past.
I do have favorable findings such as vehicle rollover, explosion etc while in service. I do have CT scans of the head shows what could cause my headaches.
My issue is now that VA will not consider headaches, just migraines from my previous claim. Last time I checked, migraines are headaches. But I didn't say headaches just like my medical records don't say headaches. It says migraines.
When the VA found the DTA, I was sent to another c&p exam. Now this examiner said I didn't have migraines, I have clusters.
All I want to do is open this claim right without going around the hamster wheel because VA is being picky on what verbage is being used. A headache is a headache. Migraine, a headache, cluster, a headache, sinus pressure, a headache.
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I know that this is a site for education only and I really do need to be educated a lot on claims procedures. Lots of you all have been a great help to me and I thank you all. Most of you are better help than my attorney.
This is what's going on and I am aware that I have went about it the wrong way and now I am trying to clean it up.
1. I filed a claim in 2018 for migraines secondary to tinnitus and other service connected conditions. I know now that I should have filed for headaches.
2. C&P exam completed 2019. Examiner stated tinnitus don't cause migraines. Did an HLR had another exam in 2020. Came back with a DTA, another exam was ordered. 2021 denied.
3. Assuming that my attorney appealed that decision, that didn't happen.
4. I have now lost my eed but it's ok.
Now I want to readdress this issue but uncertain on how.
If I file a new claim for headaches, VA will kick it back and probably say that I have open a claim for headaches and I need to do a supplemental which isn't true. I opened up a claim for migraines.
This is where I am lost.
Now my thoughts which I have the proof of a bad exam. Do I open up a supplemental claim for migraines and challenge my last exam?
Thank you all.
Merry Christmas
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Congratulations Bronco. Now you have another one to spoil. Lol.
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Well, how about contacting Dateline or CNN and expose the VA on the delay process. 25 years is too long. I think that it's a great story.
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You are still a baby Broken. I can smell the Similac milk on your breath. Lol.
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35 minutes ago, Mr cue said:
Last I am not upset at broken info and posts they help me with my fight.
An understand how the VA think.
I have stated this many times.
I am just no one who accepted the VA is doing everything they can.
I have to much experience with the VA to feel that way.
I have had the VA created errors to not address issues I have had the VA leave appeal pending for 10 year. Tdiu from 1993-2001. Because of there errors
I just got the court remand and bva remand because they did it again an have left my mental health in appeal status from 2003. 20 years
I got granted the mental health 2018 do you think all the VA ppl who touched the granted claim and appeal including a bva judge.
An no one seen the appeal had been pending since 2003 or do you think they thought I was stupid.
Then I got a bridge to sale you.
I know you are not mad at anyone. Not even broken. We all need to vent. Luckily all of our brothers and sisters here on Hadit allow us to vent and not take it personally.
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I don't think that Broken is making any kind of excuses. I think that we are all frustrated on how VA handle things. I do think that Broken is doing his job best to his ability.
I am wrong which I have done in the past was aggressive for members that sided with the VA but I had to re assess myself and I do apologize. Members quoted the reg. Now it's up to the VA to follow the regs which sometimes they don't.
I understand Mr Cue's frustrations along with everyone else's, but I must say that Broken is putting out great info.
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I hear you. I am sorry for your bad experience as well.
Maybe you and your team follows protocol correctly. We need more experience and performance like yours.
In my opinion, it's about how a claim is filed. If you have a private dbq, fine and dandy. But why waste the time. Let VA do their job and order an exam if needed.
Stay away from the sugar honey ice tea lawyers, get familiar with the cfr.
I have learned the hard way.
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Roger that. Thanks. I guess I need to do more reading and research.
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I do agree with you broken. Some VA facilities still perform c&p exams. Mainly larger cities like Detroit. Now on the other hand, I do not have a VA hosp, just a clinic.
The advice that I get is try to get a DBQ from your private doc to help support your claim. As stated, examiners get the training, not clinicians. Agree. Now where do some vets go, a clinic.
No it's not that hard for a clinician to perform and exam and properly fill out a DBQ. So some will short cut it or like my private doc told me, that's VA business and he will not do a DBQ . The ones that are improperly filled out triggers the VA and then VA orders an exam, right?
Now this is where the vets get fed up, hire a lawyer. The lawyer is familiar with dbq and wording and will send the vet to the law firm examiner. That dbq is reviewed by the attorney, sent forward and now the rater takes a look, research and find something that will trigger another c&p exam.
I have seen it happen.
Pact Act / Presumptive
in VA Disability Claims Research
Posted
@Sgt. Wilky great answer. In my past experiences, I had an open claim and then decided to file a new claim on top of the open claim. The open claim was delayed being that VA wanted to combine both together. Did not mess up the effective date, but was a little delay.
But I do agree, file asap being that lots of vets are in the same boat.