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Rockhound

Senior Chief Petty Officer
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Everything posted by Rockhound

  1. Looking over my DD214 I noticed that box #23 for "Servicemen's Group Life Insurance Coverage," was checked off for $15,000.00. (1) Did this mean I was covered for $15,000.00 during my time in service? or (2) Does it mean that I have a prepaid group life insurance, that will pay out upon my death? I'm wondering about it, since the DD214 isn't typed up except upon your dischargee from the service, so I am just interested at some time I had selected or the Navy did, signing me up for this group life insurance. Rockhound Rider :o
  2. Ditto on not throwing away any paper that might reflect on your inservice illness or injury. But remember this, the VA can ignore any evidence you present and get away with it only if you give up on your claim. I have on my medical evaluation summery for which my medical discharge was based on several items referencing how my illness occured, the most notable was DNEPTE (disease not evident prior to enlistment) But as you guessed it, this was completely ignored by the VARO Rater and had I known what I do now, I would have never given up on my own claim and I would have made sure that I not only got ongoing medical care, but did what I could documenting every little thing. Rockhound Rider
  3. I'm still a bit confused on this issue. When you say they are rendering a rating decision, do you mean it has been approved and they are rating the percentage of the disability award? or is it just when they type up the final draft of the decision to then be sent out? Where was the claim at, that it then had to be returned to the rating board? Rockhound Rider :D
  4. Bump: Would like more input than just one. Any discussion with your logic would be most appreciated. Rockhound Rider :D
  5. Bump: I want to keep this in the for front, hoping for input.
  6. Pete53: Don't you mean "Rock"? LoL :D :D B) Sometimes my fingers don't quite hit the right letter either or maybe your fingers are dyslexic.
  7. JayBrown1: If you have a VSO helping you, you have three ways to handle this situation. 1. Have the VSO resend the information 2. Resend the information cirtified, return signed recept with tracking 3. Take the information in yourself to the VARO and ask for a supervisor to date stamp and sign a copy for your files. Of course you could try calling them on their loosing your information and threaten to report them to the VA OIG for them loosing your information, but then again if you make to much waves, they might just stick your claim on the bottom of the pile and let it sit, to get back at you for making them look like idiots and don't know how to keep track of what's in your C-File. Sorry for being sinicle, I couldn't help it. best to start by trying one of the three suggestions and hope they don't loose it again. Rockhound Rider p.s. You could try a messanger service if you can't get into the VARO yourself and can afford their service.
  8. Anybody else want to post their opinion? If I submit two seperate claims, wouldn't this slow the claims process down as my C-File is sent back and forth to two different Raters? If I wait till one is decided, and they deny it, then I have to spend time NOD'ing it and possibly a DRO hearing, or going onto the BVA. All the while the second claim waits to be filed so it doesn't slow down the first one. It seems more productive to submit them together and show how one, if approved affects the other one. As far as I can tell, in order for the evidence to help in the second claim, the first has to be approved. Comfusing isn't it. Rockhound Rider :D
  9. Recently I sent an inquiry via "IRIS" some what complaining about the number of Notice Letters saying how sorry they were for the delay. I asked how many more of these letters can I expect? Their reply was that they did not know or could tell. However they did make one comment that I do not know what to make of it and thought someone might have had a similiar thing happen to them. This is what they told me: "Your claim was returned to the rating board on April 27, 2009." What would be some of the reasons, that it was returned to the rating board? When last I heard, it was in the decision faze of the process. Rockhound Rider :D
  10. Currently I am working on a claim for submission, however, it appears that the two claims may be so inextricably intertwind that I can not submit one with the other. One claim is to SC a cerebral concussion/TBI and it's residuals, but by doing so it would rebutt a previous decision where by the VA used PD diagnosis to find a previous psychiactric disorder diagnosis in error and replacing with the PD and then denying the claim. This involves either the VA calling cue on themselves, which I don't believe they will do, or for me to pursue the error myself. This error occured back in 1974 and I do not want to possibly mess with anything that would be in the way of an EED on the psychiatric disorder. To present the SC of the cerebral concussion/TBI and its residuals, there appears to be no way not to bring attention to the prior error. This brings me to my question, "do I submit them both in the same claim or do I seperate the error part in a CUE claim, for which I can not use any of the current evidence without loosing the EED, but in the same turn, I might loose the CUE claim with the evidence I had back in 1974. Your help, suggestions, and comments are appreciated. Rockhound Rider
  11. I also tried the link and my virus program flagged it as a supicious download. If you downloaded this attachment, you may want to run your virus scan just to be safe. I'm not saying it is a bad sight, just that it showed up for me as supicious. I too would like to know if this problem exists and who might be affected by it. Rockhound Rider
  12. How would you classify "if veteran had a "PD" it was most likely a post traumatic cognitive PD, caused by his injury in 19xx, while in the service? Rockhound Rider
  13. Wings: LoL Your preaching to the chior of one, me. I've been saying this ever since I came on line with hadit. I've always had the problem with rebutting the personality disorder that the VA Rater used as an alternative/correction of the psychiatric disorder. Now with this new evidence, I'll be able to finally rebutt those findings, which had no evidence to support it in the first place, but you know the VA, deny, deny until you die. Rockhound Rider
  14. I'm glad for all of you who have been labled by the VA with Personality Disorders and having them corrected, however: I believe I have been able to pass (1)(3)(4) prongs of CUE, it is number (2) in that the results would have been manifestly different but for the error. I feel at this point had they properly SC'd the Acute Schizophrenia episode and then taken into account the moderate impairment to social and industrial addaptability, then this would have manifestly changed the results. Noting how they made the error is the easy part. I am looking for feed back, if the moderate impairment of social and industrial adaptability, enough to show how the claim would have been manifestly changed had it not been for the error? (1)CUE is a very specific and rare kind of error. It is the kind of error, of fact or law, that when called to the attention of later reviewers compels the conclusion, to which reasonable minds could not differ, (2)that the result would have been manifestly different but for the error. (3)Generally, either the correct facts, as they were known at the time, were not before the Board, (4)or the statutory and regulatory provisions extant at the time were incorrectly applied. 38 C.F.R. § 20.1403(a) (2008). See also Fugo v. Brown, 6 Vet. App. 40, 43 (1993). Rockhound Rider
  15. As more than some of you know, I have been kicking around the idea that the personality disorder, inadequate type I was saddled with in 1974 by a C&P examiner and wrongfully used as a alternative diagnosis to a psychotic episode I had while in the service, by a VARO Ratings Officer. Now, nearly 35 yrs later, I have finally been diagnosed with a post traumatic cognitive personality disorder or rather DSM IV (DC) 310.1 Personality Change Due to a General Medical Condition, as a result of the cerebral concussion with frontal lobe involvement. This new News comes way to late for an EED I believe, since I can't use it to claim an error in 1974, but it does help me now to finally rebutt the prior diagnosis of the personality disorder, inadequate type. My question is, the psychotic episode in 1974 was diagnosed as an Acute Schizophrenic Episode, in remission, demonstrating moderate impairment to social and industrial adaptability. It is apparent from the records that the residuals demonstrated were never considered in lue of the wrongful diagnosis of the personality disorder. Can this be the last prong of a CUE claim showing how I was monitarily deprived of VA benefits and compensation? I'm as sure as I can be that I can show the other parts of CUE. This last part has had me in a quandry for some time now. Not that it helps my CUE claim any but the revisions over the years for the DSM has DSM IV (DC) 9205 as Schizophreia, Residual Type, Other and Unspecified Types as per 38 CFR 4.130 Schedule of Ratings-Mental Disorders. Rockhound Rider
  16. Allan The wording of this section may be correct, but I do believe that the monitary rates are last years numbers. My 10% is worth $123.00 and the other percentages are higher by as much or more. Just thought I would say something for those new to compensation amounts. Rockhound Rider ;)
  17. Berta: You have given me faith and the will to continue until the last claim is laid to rest in the win colum or my cold body is lit on fire and the ashes scattered. I would ask that they be scattered on the doorsteps of my local VARO, but that might get someone in trouble. Any way, you showed them they tried to push a widow around and lost, if they could only learn from their mistakes. LoL It's people like you that make waking up in the morning every day worth while. Luv Ya Girl Rockhound Rider ;) :) B)
  18. Check to see if your Neurologist would look over your past medical records, also any non VA medical records to see if he will write you an opinion as to whether or not those problems are as likely as not related to or the result of your TBI. Make sure the VA knows what records are being reviewed and supply them with any records that are not in or a part of your C-File. Rockhound Rider :D
  19. livingrock21: Check out the following to find your particular C&P exam worksheet. http://www.vba.va.gov/bln/21/Benefits/exams/index.htm Should give some idea what your exam will be like. Rockhound Rider :D
  20. Dropped in to see my AMVET Rep, to see if she has heard anything, but not go or not yet, but she knows me pretty well by now and how I present my claims in an orderly way, despite my problems. She mentioned I should check with the Rehabilitation Dept at the VARO and get evaluated as to what type of work I may be suited for. If I met certain standards she told me I might make an application with one of the VSO orginizations that might have opening for a SO. telling that although their were no opening in the AMVET office here, the State VSO currently has one and so might the other VSO orginizations and if I could manage through the training, I might eventually make a fiar VSO. Go figure! I hadn't thought of such a job, since I feel I have a lot yet to learn and I don't know how the pressure of the job would effect me. Also I don't want to loose my SSDI benefit by being found able to work after taking such a job. Does anyone know how this type of job would affect SSDI or maybe TDIU? It might be worth a shot, what do all you think? Rockhound Rider ;) :D
  21. P.S. Signal6: I reread your post. My ming isn't working like it should, went into town today and I must be tired. Send them 1. evidence of your TBI while in the service, find all related medical records, buddy statements from friends and family who whave witnessed your problems and how the manifest theselves. If you have had reports generated by the TBI tests you took, send those two. but most of all, you need the nexus statement that says the problems you have been having since your TBI are the same or as a result of the TBI you had in service. Sorry, I tend to rant, I just hope I am making sence and it is of some help to you Rockhound Rider :D
  22. First you must show you had a head injury while in the service, then you must show at the very least, symptomology of your problems, medical records would be much better. Then you must show that you have current problems associated with your TBI, ie. Neuropsychiatric tests showing cognitive dysfunction associated with the head injury, that is to say that the person giving you the exam states that your problem is due to your post traumatic head injury, Also you may consider an MRI and a special EEG test, although these can come up showing nothing, but that doesn't mean you don't have a problem. The nexus statement from the examiner who gave you the neuropsychological test is probably your most crushal evidence and hoping it is backed by your PCP. You say you had all the TBI tests, what where they and what were the results? Check with the New TBI schedule for disabilities to compair your results of these tests you say you have, using the schedule and your results to justify your problems. Make sure if they do make a diagnosis of a TBI that it is noted as an Axis I Diagnosis on your DSM IV Axis Chart. The medical evidence is crushal, you just can't say you have this or that without the medical proof or report that says you had a head injury during service. I probably didn't do this subject justice, but I am in a similiar position that has been going on now for 30 plus years and only of recent have I been able to get the evidence I believe will prove my claim. 1. I had a psychotic episode in the service, that the VA called a personality disorder, now I have evidence that first question this diagnosis, then more evidence that states I do not have any personality disorder per the DSM manual, and then I have a psychologist Phd, that showed how a neuropsychiatric exam proved that the personality disorder was due to the TBI I had shortly after my psychotic episode and an EEG showed some abnormal frontal lobe pathology that was indicative that the personality disorder was actually a Post Traumatic Cognitive Personality Disorder or a Personality Disorder due to a medical condition and not as the C&P examiner had opinioned 30 plus years ago. 2. With the Personality disorder rebutted, the psychotic episode diagnosis should be reinstated as SC and any residuals from that SC. It's all about how your evidence, however slight, proves that at least as likely as not, your claim should be SC. Rockhound Rider :D
  23. I'm sick and tired of getting these apology letters saying they are still working on my claim and apologize for the delay. Give me a break already. I know they are just computor generated letters, but think of the mailing cost not to mention the number of trees that are being cut down to make the paper. Even recycled paper has some new wood pulp in it and unless it says 100% recycled, then it's not. I wonder what the VARO would do if every Veteran who has a claim that is being processed, makes a copy of everything they mail to us, take it and bundle it up and drop it off at their office and tell them to pay to have this trash picked up and dumpted or recycled. What ever happened to the paper reduction act. LoL LoL LoL ;) Rockhound Rider :D :D p.s. the VARO has my E-mail, why not just send my an E-mail instead???
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