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IndySam

Third Class Petty Officers
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  1. Like
    IndySam reacted to broncovet in Denied, Restless Leg Syndrome DBQ's as Peripheral Neuropathy, HLR Toxic Exposure   
    What were the reasons and bases for denial?  This is important. 
    However, It sounds like you have the cart ahead of the horse.  To get service connection, You need the Caluza elements of current diagnosis of RLS, in service event which you apparently allege is toxic exposure.  and a nexus, or doctors opinion that your RLS is at least as likely as not due to your toxic exposure in service.  You need to check for documentation of those 3 items:  Documentation of toxic exposure, your diagnosis, and the nexus letter.  Did the doc essentially state that your toxic military exposure was at least as likely as not the cause of your RLS?  
    Short cut:  (Maybe).  "IF" RLS is on the presumptive list, then check that one out.  IDK your country of service, or time of service, so I have no idea what, if any, toxic exposure would be presumptive.  Is this a pact act claim?
    Lastly, of course, there is a possibility that your RLS is related to one or more already service connected conditions, that is, secondary.  
    You always need to consider the Caluza elements first, before symptoms.  Only after you have been service connected, with either presumptive, CAluza, or secondary Service connection, will the symptoms matter.  
    I see you are at 90 percent.  Are you working?  A short cut may be to seek TDIU, its very hard to get from 90 percent to 100 percent.  Because of VA math, you have to have an additional 50 percent to go from 90% to 100 percent, not 10 percent more as your grade school teacher taught you that 90 percent plus 10 percent equals 100 percent.   Not with VA math.  
  2. Like
    IndySam reacted to Tbird in Request Military Service Records   
    Request personnel and/or medical records online. There are more ways to get service records. Learn about military service records (e.g., DD Form 214).   Request Personnel and/or Medical Records Online More ways to get service records Learn about military service records (e.g., DD Form 214) Recently separated veteran? Request DD 214/Separation Document Online What’s available online? Locate older (pre-WW I) military service records Using military records for genealogical research Other military and veteran records https://www.archives.gov/global-images/portal/medium/medals.jpg
    Replace Lost Medals and Awards Learn how to replace lost or damaged ones.
     
     
    https://www.archives.gov/global-images/portal/medium/ww2-photos.jpg Browse WWII Photos. View a sample of their extensive collection of photographs from World War II.
     
    Alternate Records Resources
    Alternate Sources of Military Service Data. When proof of military service is needed, NPRC (MPR) attempts to reconstruct certain basic service data from alternate sources.NPRC (MPR) has identified many sources, but each contains limited military service information. They are utilized to piece together (reconstruct) basic service data. NA Form 13075, Questionnaire About Military Service
    Medical-Related Alternate Records. 
    In 1988, computer tapes containing ten million hospital/treatment facility admission records were transferred to NPRC (MPR). These records, originally created by the U.S. Army Surgeon General’s Office (SGO), were discovered by the National Academy of Sciences and offered to the National Archives for NPRC (MPR) use. The source records existed in a computer code format and required extensive analysis to interpret the code into English. Between 1988-1990, NPRC (MPR) was able to salvage 7.8 million records of individual admissions for use as a major supplement to other smaller sources of medical information.
    Personnel-Related Alternate Sources. 
    A primary source of alternate data is a collection of 19 million final pay vouchers. These records provide name, service number, dates of service, and character of service. These are the most critical service data elements needed for the reconstruction process. With these and other organizational records (enlistment ledgers, service number indexes, etc.), NPRC (MPR) personnel can usually verify military service and provide a Certification of Military Service. This Certification can be used for any purpose for which the original discharge document was used, including the application for veterans benefits.
    The 1973 Fire at NPRC
    On July 12, 1973, a disastrous NPRC (MPR) fire destroyed approximately 16-18 million Official Military Personnel Files. The affected record collections are described below. No duplicate copies of the records that were destroyed in the fire were maintained, nor was a microfilm copy ever produced. There were no indexes created before the fire. In addition, millions of documents had been lent to the Department of Veterans Affairs before the fire occurred. Therefore, a complete list of lost records is not available. Nevertheless, NPRC (MPR) uses many alternate sources in its efforts to reconstruct basic service information to respond to requests.
    Related
    Agency Information Collection Activity Under OMB Review: Alternate Signer Certification NPRC To Begin Phase One To Reopen Filed Claim 1 Dec 2020. NPRC says it sent my Records to VA 21 May 21. VA says it is waiting for NPRC to send records. IBS Decision Letter Jan 2021 Deployment versus Permanent Change of Station, or “PCS move,”; deployment would not be marked as “foreign service” on a DD214; Inpatient Military Hospital Records (referred to by NPRC as “clinical records”) are not kept by NPRC as part of veterans STRs; Military Service Records
    Although recent military and medical records may not be available online, veterans and their families can still access free copies of their DD Form 214 (Report of Separation) and other official service records. There are several ways to do so; some options include…
    DD 214/ Separation Documents Official Military Personnel File (OMPF)  Replacement Medals Medical and Health Records Burials and Emergency Requests  Natural Disaster Requests You can start your request online here.

    View full record
  3. Thanks
    IndySam reacted to Tbird in HadIt.com Help You? Let Us Know!   
    Please take a moment and let us know.
  4. Sad
    IndySam reacted to pacmanx1 in You won’t believe how much money fraudsters have stolen from Veterans   
    In 2021, military fraudsters stole $257 million from service members and Veterans.
    In recent testimony to the House Oversight and Reform Committee on National Security, the Federal Trade Commission stated that this number is a 162% increase from the previous year. Further, the data indicates that the average amount of money lost by military scam victims is a 20% increase from non-military scam victims.
    You won't believe how much money fraudsters have stolen from Veterans - VA News
  5. Thanks
    IndySam reacted to john999 in Additional Claim - Flat Feet and plantar fasciitis   
    PF can really cripple you if it is bad.  I have DMII so I claimed  nerve damage to my feet.  I got 40% on each foot.  If you have DMII it is good to claim PN because you can get much more money than flat feet or PF.  The test for PN is a physical exam.  They prick your feet and ask if you feel it.   When your feet really hurt and swell it is hard to know just what is wrong.  Don't get surgery for your feet if you can help it.
  6. Like
    IndySam reacted to Dot09 in Benefit Letter today for first filing of VA claims (is this for real?)   
    Good to hear. Just prepare and make sure you have all the information on hand and medication that you take. Spoon feed it to the examiner. I like to play dumb like they are educating me that way I can get a sense of what their opinion may be. Nobody likes a know it all. So I suggest you go in there with a humble but concerning attitude towards your health concerns. Offer compliments or I didn’t know that thanks for telling me. You get what I’m saying. I wish you the best of luck
     
    P.S. Just to be on the safe side I would still write a statement in support of claim of secondary condition because the could always botch that up by leaving our sc medications and weight gain. I had that happen to me when I filed for migraines secondary bipolar panic attacks. The examiner stated that they were two different conditions that do not cause one another. However had the examiner considered aggravation I would have been awarded. I now am awarded because I had to go back and state that it was a aggravation of sc conditions.
  7. Best Answer
    IndySam reacted to rustysilverwings in SMC (r)(2) appeal won; retroactive 11 years   
    Just learned my BVA appeal from r-1 to r-2 was approved, retroactive from 4 Aug 2023 to 12 Aug 2011. VFW help was tepid at best, even not showing up for the video BVA hearing. I did all the creative stuff before and after that. R-2 requires skilled, licensed professional care at home and I've refused all such care. Apparently what won the decision was the scope of SC issues (over 500%), DNR & terminally ill, the spouse having been "oriented" as to home PT and other care, and a compassionate judge.
    I stressed throughout that regulations say a vet must be in need of advanced home care or face nursing home placement - NEED vs. actual-the plain meaning of the word is quite clear. Also stressed duty to assist and the fact that a vet need not apply for SMC because VA should have automatically considered it. Stressed that an exam by a nurse practitioner back in 2011 where she checked off the block for nursing home care should have triggered another 21-2680 exam by a VA physician, as only VA physicians' decisions are acceptable for R-2. INTERESTING: VA doesn't even list that 2012 exam for aid and attendance as one of the pieces of evidence.
    Perhaps helpful was an early decision by VHA to consider me "catastrophically disabled." While doing nothing for benefits or care, it makes apparent the overall situation.
    While the new rating is retro for 11 years, I've been R-1 all that time so compensation will be for the difference between the two ratings. Okay by me, of course        
     
    Redacted-SMC R2r Narrative Decision copy.pdf
  8. Like
    IndySam reacted to Dot09 in Benefit Letter today for first filing of VA claims (is this for real?)   
    Indysam 
    To answer your question about secondary and will the Va consider it? From my experience no the Va does not they only consider directly when filed. That is why am suggesting you send something in and mention to the examiner that it is secondary. I know bronco says they should always consider all. But should and do are two different things with the Va 
     
    P.S. be sure to tell the examiner that your sleep apnea is secondary to ptsd/medication/weight gain also be sure to list those medications. As far as the gerd it can be secondary to nsaids for pain management or possibly ptsd meds depending on the medication. You should read the bottle.
  9. Like
    IndySam reacted to Dot09 in Benefit Letter today for first filing of VA claims (is this for real?)   
    Just curious indysam but are those two secondary? Sleep apnea is very difficult to get directly. You may want to personally request they as secondary and make sure the examiner know that they are secondary to ptsd/ medication/weight gain  and secondary gerd from your meds
    P.S. Also do you get migraine/headache from bipolar/panic attacks. As stress is a big contributor to migraines. I too took a dbq to my migraine specialist in which I gave her a filled out dbq and a blank dbq and she filled it out to a t. I later was awarded for 50% from the VARO because her favorable dbq. I also was award in 3 months for a C&P examiner that has state my sleep apnea was secondary to bipolar treatment meds and weight gain. 
  10. Like
    IndySam reacted to pacmanx1 in Exercising before an x-ray, good or bad idea?   
    Welcome to Hadit.com
    The real question is does arthritis show up on x-rays? Unless there is some type of bone loss, I am not sure if the x-ray is done with some type of radiation chemical.  Don't go out and hurt yourself. Just make sure whenever you have flare ups you contact your doctor or be seen and treated by your doctor so he/she can note your increased symptoms in your progress reports/treatment notes. 
    If you have not already filed a claim for depression, file a claim for depression secondary to your service-connected pelvis disability to increase your combined overall rating.
  11. Best Answer
    IndySam reacted to pacmanx1 in Benefit Letter today for first filing of VA claims (is this for real?)   
    At the present time refiling a deferred claim makes no sense. The sleep apnea claim has not been denied, it has been deferred for additional evidence or medical opinion. Also, this claim cannot be appealed because it is still pending for a decision. The sleep apnea claims need more development like the rest of your deferred claims, the VA will send you additional information of how to proceed with these claims.  
  12. Best Answer
    IndySam reacted to Dot09 in Benefit Letter today for first filing of VA claims (is this for real?)   
    Pacman
    i too noticed that. I just got a little excited about the veterans success on his claim. Just wait on the brown envelope and post back on the board redacting all personal information. Congratulations 
  13. Like
    IndySam reacted to Dot09 in Benefit Letter today for first filing of VA claims (is this for real?)   
    I apologize wait until the deffered status is complete and the Va fully investigates
  14. Like
    IndySam reacted to Dot09 in Benefit Letter today for first filing of VA claims (is this for real?)   
    Personally I recommend that you refile vs appeal the sleep apnea. Reason being is you filed for a toxic exposure. That’s just my advice. I would file it as a secondary aggravation of your ptsd medications. 
  15. Like
    IndySam reacted to Dot09 in Benefit Letter today for first filing of VA claims (is this for real?)   
    Well you made it over the hurdle with getting your ptsd, rhinitis, and tinnitus. I recommend trying to get the sleep apnea secondary to ptsd and medications. That how I was service connected from weight gain and lorazepam. Gambling disorder I would drop. Acid reflux due to secondary ptsd medications. Forget all other mental health as that would be lumped together to avoid pyramiding a condition. As far as your physical disabilities I say appeal if it was in the presumptive period. If not in service medical records or one presumptive period then I see that as a tough time to get service connected. Secondary conditions is the way to go.
     
    P.S. Have you thought about filing for tdiu for ptsd? I recommend on doing that if you have been out of work. Reason I say only ptsd alone is because that can count for your 100 percent disability if later down the road you want to apply for SMC s housebound. Just remember with the Va it comes it comes it comes in spurts of being awarded. Keep busy and apply as you go to get that 100 percent schedular p/t with time
  16. Like
    IndySam reacted to pacmanx1 in Benefit Letter today for first filing of VA claims (is this for real?)   
    It seems that you have a rating of 70% as of December 2022 and depending on the rating you may have some retro pay. I agree make sure you keep an eye on your account. 
  17. Like
    IndySam reacted to namvet6567 in Benefit Letter today for first filing of VA claims (is this for real?)   
    Looks legit to me.  Watch your bank account.  Many times it shows up there first.  jmo
  18. Like
    IndySam reacted to pacmanx1 in Military Medical Records from Janesville Wi   
    It can take anywhere from six months to a year to get a copy of your records. Of course, this is just a guess but the sooner you request your records the sooner you will get them.  
  19. Like
    IndySam reacted to Vync in SMC S and Bradley vs Peake   
    Don't forget about how the Cantrell v. Shulkin (2017) decision changed Bradley v. Peake. Cantrell requested a TDIU rating, but was denied because he worked full-time as a park ranger. He appealed and won because he was found to be employed in a "protected environment" and the VA had not defined how it applied to TDIU.
    I explored similar application to P&T after a heart attack in 2019, but it looks like the focus of both decisions target only TDIU vets.
    For example, a single 100% rating is granted for 3 months after a heart attack. That single 100% plus separate/unrelated disabilities of 60% or more grants SMC-S only if the vet is not able to work due to SC disabilities. However, 3 months later the 100% gets re-evaluated. If the 100% gets reduced, SMC-S goes away even if the vet returns to work in a protected environment.
    For SMC-S, P&T vets are not afforded the term "permanent and total" counting as a "total disability" like TDIU does. Additionally, P&T vets cannot rely on multiple combined ratings which total 100% due to specific language in Bradley v. Peake. Even if a P&T vet is able to continue working in a protected environment due to accommodations, SMC-S would still not apply unless they get that somehow get back that single 100% rating.
    It is just like the S-DVI waiver where the VA changes the definition of "total disability" to suit its needs to deny benefits and apply it in favor the veteran.
  20. Like
    IndySam reacted to Dustoff1970 in SMC S and Bradley vs Peake   
    I recently received SMC-S back dated to 2017 based upon Bradley v. Peak and other friendly favorable U.S. CAVC court decisions.  The BVA granted me my first of two successful appeals and gave me 50% for OSA Sleep Apnea due to Nam PTSD (secondary to ptsd and VA ptsd medications for long period of time).
    I was rated at 70% PTSD P&T TDIU with 30% heart disease and the additional 50% for OSA put me over the minimum 60% threshold to automatically receive SMC-S.
    The P&T TDIU rating counted as 100% rating for purpose of SMC qualification.
    Additionally I have recently received increase to 60% for Nam AO heart disease thanks to 2nd BVA appeal and also VARO award of 60% for GERD, 10% for Tinnitus and 0% for AO Hypertension.  
    You can like me qualify with additional combined disability ratings added up to 60% or more OR one singular only disability of at least 60%.  All ratings must be for distinct disabilities of different body parts including MH as different from leg injury or GERD.
    My comment is not legal advice as I am not a lawyer, paralegal or VSO
     
  21. Like
    IndySam reacted to broncovet in Veterans Benefits Evaluations   
    To avoid scams of this nature, deal with law firms or advocates who are members of NOVA.  I agree this is a red flag.  If the company is not on the nova advocate list, then my advice is to not send your info and contact one of the companies on the list.  
    https://www.vetadvocates.org/cpages/sustaining-members-directory
    Note:  Any state's advocate can represent you, you are not limited to law firms in your own state.  For example, I have hired law firms in Texas, Arkansas, and Washington DC, and I live in none of them.  I got good outcomes from all 3.  
    Law firms which have helped me:  
    Glover Luck, out of Dallas Texas. https://gloverluck.com/
    Attig Steele out of Arkansas https://attigcurransteel.com/
    NVLSP out of Washington DC.  https://www.nvlsp.org/what-we-do/lawyers-serving-warriors.  
    An additional check on your (potential attorney) is to search the CAVC website,  where you can search by attorney name.  It will show you cases..and the outcomes.  
    http://search.uscourts.cavc.gov/
  22. Like
    IndySam reacted to GBArmy in Dependent not on award   
    It is going to go thru a different loop, financial, and it shouldn't take too long. You should be getting the increase based on dependents. Go onto VA.gov and get into the "letters" section to see if there are changes made yet. Call Peggy, 800-827-1000 ,and ask them if it in the works. If you don't get any change in a few weeks max, I'd request an audit. Most of the time, it is just a slow roll but it gets done eventually.
  23. Like
    IndySam reacted to Dustoff1970 in Toxic exposure, presumptive conditions, PACT ACT and false BS from "experts'   
    There is serious false and misleading information being given to vets by so called "experts" at another location.  Later I will give my disability claims/appeals success as an example against their lies.
    They say in a condensed version here that exposure means nothing and even a current diagnosis means nothing without a medical nexus opinion connecting the two to active service.   They must hate the Pact ACT and the presumptive clause of that ACT.
    (1)  In 2014 I was diagnosed with Ischemic Heart Disease IHD/CAD by private Heart Surgeon after extensive testing.The VARO raters automatically awarded me 30% rating for this IHD/CAD as a presumptive disability due to my "exposure" to Vietnam sprayed Agent Orange toxin under the then Agent Orange ACT as I served as combat Army medevac pilot in Nam in 1970.
    Later the BVA granted my appeal and increased this to 60% effective back to 2017.
    I had no and did not need a formal, official or unofficial medical nexus IMO opinion from any doctor stating that my current heart disease was connected/due to Agent Orange toxin exposure.  The VARO relied on my submitted medical evidence of IHD/CAD and my service records showing active duty status in Vietnam in 70.  That was it period.
    (2) My second example is my very recent automatic award of Hypertension (HTN) service connection at 0% by VARO raters under the PACT ACT and again due to my Vietnam Agent Orange exposure and based upon long term VA medical treatment records and prescription drugs for my HTN and my service records.
    As a mere formality I was required to attend C&P exams for both conditions where the examiner confirmed my identity and existing evidence records.  No private or VA doctor formal IMO medical nexus opinion was required of me period.
    The way these smart ass turkeys on another forum gives short abrupt arrogant answers misleads vets to believing they must seek out a VA or private MD doctor or specialist to write up a formal nexus opinion connecting his exposure to the active service location at the proper time.
    A current diagnosis of the presumptive disability and vets service records showing he was at the location of exposure in correct time period is all that is needed under the Pact ACT and Agent Orange Act.  Good grief.  I feel sorry for vets relying on those BS artist. Come to Hadit for more honest accurate information.
    My comment is not legal advice as I am not a lawyer, paralegal or VSO.

     
     
     
  24. Like
    IndySam reacted to pacmanx1 in Free Financial and Credit Counseling   
    OK, I was expecting a letter to update me on the status of my recent CAVC remand, instead I got a letter talking about Free Financial and Credit Counseling. I don't need free financial and credit counseling, what I need is my corrected benefits. You know the old proverb, feed a man a fish, he eats for a day but teach a man how to fish he eats for life. My thought is to feed a veteran a meal he eats for Veterans' Day but award a veteran his correct benefits, I can eat any dang where and when I want to. 
    OK, my bad, is the VA just sending these letters out or is it my paranoia messing with me about my upcoming benefits?  Since the CAVC remanded my appeal, it should not take that long.
  25. Like
    IndySam reacted to Rattler in Missed filing a VA claim within one year presumptive...   
    Let me give you some guidance. But first I have to ask some questions.
    Did you file an "intent to file" with the VA. What this means is you filed with the VA saying I want to file a claim for XX. An "intent to file" claim basically says you are going to provide the VA with more information with in one years time. (Service Medical Records, Doctors Reports outside of the VA Etc.)
    If you did not do an "intent to file" you filed a direct claim and you have started the claims process. Each can be time sensitive.
    Hopefully I can give you a step by step on how to do this. 
    1. If you have not done so you will need to get your military records including you military medical records.
    You need to do this now. You military records can take 1 to 3 Mo.
    Your VA records can take 8 to 9 Mo.
    Without them you are kind of shooting in the dark.
    You need to sign-up with the VA at https://www.va.gov/?next=loginModal .
    I recommend you use Login.gov to get your login above the others as it seems to work better than the others
    https://secure.login.gov/sign_up/enter_email
    This way you can track you claims, apply for other VA benefits'.
    2. Go to the Non-VA doctors that have diagnosed you with XXX and get there medical records. Go through the records and pull out ONLY the ones that say you have XXX and submit ONLY THE RECORS THAT PROVE YOUR CLAIM. I can not stress this enough. The VA people who review your claim do not have the time to read through 500 pages of your medical history to pick out the 2 pages that says you have XXX. This will hopefully speed up your claim.
    3. The quickest way to submit stuff to the VA is at this address. https://eauth.va.gov/accessva/#forVeterans . This is why you need to get the VA access through Login.gov.
    Use the Quick Submit button and follow the instructions. 
    This should get you going in the right direction.
    Two words to the wise.
    1. Do not rely on Youtube or other videos on the internet. There is a lot of misinformation out there. There is a lot of old information that doesn't work in today's VA.
    2. When seeking a VSO with a veterans service veterans service organization the first words out of your mouth should be, "Do you have VBMS access." VBMS access is real time access to your VA claims file. There are a lot veterans service organization that have suto VSO that kind of only do intake for veterans service organization. What I mean by this is they are not "VA Certified Claims Agents." they are only trained by the veterans service organization to fill out forms and submit them via fax or mail. Only "VA Certified Claims Agents" have VBMS access.
    Please don't hesitate to come hear and ask your questions at Hadit.com
     
     
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