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ShrekTheTank

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Everything posted by ShrekTheTank

  1. I will add this, We do not know what will happen to us years down the road from this exposure. So in my opinion if it is something that could lead to the cause of your demise. I would for sure persue it. Let's hope this does not happen, but we always plan for the worst. Say the said condition you did not put in for does call your number, and you did not get it SC then this could put your family out for any DIC benefits. I am at 100% P&T, and if I had a presumtive issue and I know there was a chance of it doing the above I would put in for it even if it did not change my compensation. I have two issues, that I do not believe would cause the and I am not going after these issues. This is a CYA for my family and I know my wife does not really care to hear this, but there is a chance what we were exposed to could come back and get us. We are always here to help in anyway we can.
  2. I had no idea the health problems we could have after service. I also had no idea what the VA would really do after service. They really never laid it out well other than here is an exam and here is 10% for your knee pain. I never really thought it would last and when it went away I thought oh well I guess I only get it for a certain time. I was paying for all sort of medical issues out of pocket. I had no idea I could keep going to the VA hospital or that I should file for benefits. I had a friend who said I should look into it and found the Presumtive issues that others had already been fighting for and I was able to get a lot of mine connected pretty easy. If this work had not been done, it would have been very difficult. My issues have gotten worse over the years and there was no way to know they were coming. If I would have had to get them within that first year there is no way I would have caught them. When you have a progressive disease and or many of the other issues. This is why I talk to every veteran I can, because they need to know these things. They need to know there is help. There are people who can help guide you and not tell you to just keep what you got and be happy.
  3. For the Year after seperation, they will typically use your medical records to see if it was present. You could try Lay statements, as they do hold water. As long as you brought it up and is in the records, this should work. So I am dealing with my first claim still and I am in the BVA with a remand back from the CAVC, where I won my rating , but did not get the EED. I learned a lot from this one. I found that when you go in for the C&P and submit online, you only send them the infromation they need. Then Highlight that information, they can see right where the issues are and they can see the event. I have not had to appeal any of my other issues as I learned my less and I am 8 years into mine. As for the last one, it depends on how the Va decides to count it. If they decide that getting any time of decision (grant, denial, remand) they can then say they have addressed all of the appeals. I highly doubt they will go off of when the case is finally done. I think mine is at the BVA and should be at the front and is taking so long is because they are working any old cases that have had nothing done with them. Like I said above, if they can work the claim and even just give a denial, then they can say the appeal has a decision.
  4. ShrekTheTank

    SMC K backpay

    I would say you should fight the EED. If the medical records are showing this, then they should be looking at this to give the correct date.
  5. If you’re claiming your child who became permanently disabled before they turned 18, you’ll need to turn in all private medical records relating to the child’s disabilities with your application. If your dependent is a child who’s between 18 and 23 years old and attending school full time, you’ll also need to submit a Request for Approval of School Attendance (VA Form 21-674) with your application.
  6. Bronco is right. Always ask as I got all of mine except 1 that I needed an IMO. I did this at the VA also. All of my doctors notated that my issues were caused by and or worsened by issues caused while I was in the military. The reason I needed the IMO was my PTSD kept getting lowballed at 10% (I am now at 50%) but this is what they do is give you something to shut you up. They hope you will not fight it as it is something, but it is not where you should be at. Also use your Lay statements! Document everything you can remember and tell them how bad it really is.
  7. I used Barry Law Firm and they are local to me here in Nebraska. They did a great job at the CAVC and the BVA. I was turned down by two of the above and BLF took my case.
  8. You can ask all you want. Mine was added when I hit 100% and they gave me P&T because my doctors had put notes that my condition will never get better and will only progressively get worse. I know you can get it with TDIU, but I am assuming it has to be a permanent and total disability. If you have your doctors' notes and or are going to see them, you can ask them if your condition will ever improve or will always be permanent. Ask them to add it to their notes. 3 of my doctors did it for me.
  9. Yes it can be. Unless you have a hardship. I know these will move faster and there could be hardships that have to be done, that will push others back. Here is an overview of mine right now. I had to send it back to the BVA because the RO gave it the wrong EED. July 08, 2014 – June 03, 2021 VA sent you a claim decision on July 08, 2014 VA sent you a claim decision on July 09, 2014 VA received your Notice of Disagreement on July 09, 2014 VA sent you a Statement of the Case on November 12, 2014 VA received your Form 9 on November 18, 2014 VA sent you a Supplemental Statement of the Case on November 17, 2015 Your appeal was sent to the Board of Veterans’ Appeals on March 02, 2016 Board of Veterans’ Appeals made a decision on May 24, 2018 VA sent you a Supplemental Statement of the Case on July 22, 2019 Your appeal was returned to the Board of Veterans’ Appeals on August 20, 2019 Board of Veterans’ Appeals made a decision on November 08, 2019 U.S. Court of Appeals for Veterans Claims made a decision on August 03, 2020 Board of Veterans’ Appeals made a decision on January 08, 2021 VA sent you a Supplemental Statement of the Case on April 23, 2021 Your appeal was returned to the Board of Veterans’ Appeals on June 03, 2021
  10. Mine has been at the same stage as you since June 3rd 2021. We just passed the 1 year threshold and this is a prior BVA decision, so it should have gone back to the front of the docket. I know things changed since I went the frist time, but it sat at the BVA for almost 4 years.
  11. I would bring it copies, and you can also upload it to your case on VA.gov. I would do both. That way there is a record.
  12. Can you get onto Myhealthevet? You can contact your primary care and see how they can help you. Make them aware of the issues you are having and see what resources there are. I know the hospital here has a great program to help and they do a great job with it. If you need to go down to the VA hospital and ask them for some help if you can. Be as safe as you can
  13. To answer the question as I have had a few of these now. They should look at all of the documents related to your PTSD and your sleep apnea. Depending on the amount of time they are allowed to look at them and what the RO has sent to them, they don't always connect the dots. My claim just like this took me 3 times to get right, but the BVA did service connect me. I did have to send all of my paperwork into the VA with highlighted sections of where the connection was. I also sent Citations from the BVA and Studies done linking PTSD and OSA together. In their decision they did not talk about any of this information, but I know twice before the RO was not service connecting me. If you search my prior posts, I have shared a document I sent to them. The letter goes into depth and really nails home the point.
  14. I have had two bad experiences with LHI and 7 good ones. It is a crap shoot on which one you will get. I have had my 2nd C&P done where they read the records only about 4 times. I have seen once where it was done on a Sunday. It might have been they had to get one more in to hit their goal or quota. They could have read it prior but forgot to close it. Or they skimmed over it and did not do their job. Until you get the decision back, it is very hard to find out. They give a run around and there is no real way to fix it. There is one thing that has worked for me in the past. They can give an answer, and it a long shot. Go to your local VA hospital and they have a C&P office. You can go there and ask the status and see if they can see the notes. If they will talk to you and you feel there is a problem, they could schedule a New C&P if they want too. They do not have to do this, but it does not always hurt to ask.
  15. So I had to do this with my Dercum's disease and with my Fibro. I went outside the VA as they would not say this is what I have or not. I was getting the run around, so I called a local doctor and they scheduled two hours and at the end they diagnosed me with both of the conditions I thought I had. They also gave me a drug that has helped me a lot. I had to reach outside the VA for these two issues. As for the rest the VA did diagnose me inadvertantly. As Bronco stated above the VA is the only one to do PTSD.
  16. I am glad you are getting the benefits you deserve! I got lucky to a point, but had to get a lawyer to push me over the finish line. This does not mean you need one, but IMO it was worth it. Congrats!!!
  17. I know for mine, the rep when for me or did that part of the work. I really did not have to go anywhere or do anything other than wait. I know you can have your day in front of them, but it depends on what route you decided to go.
  18. I think you still need to send it in even if you do not owe. As this could result in a late filing and then you could owe. I am not a professional at this, I just know when you read each one they should have the instruction on them. I think your son is correct, but I think you still need to file. But your taxable income should be 0.
  19. VA disability is not taxed. It does not matter how you obtain it. Retirement and SSID are both taxed.
  20. Looks like this fight is moving forward. I received a letter from the attorney three days ago and looks like I am a part of the 29,000 cases being called to the active docket. I am wondering if anyone has done a deposition? What should I expect if I am called on? I have never done this before, so I am not sure what will happen.
  21. I am not sure on this as I just submited mine. Interested to see
  22. This is great if they do. I have had two who did not even come close to this. I thought the exam went great and they only put in their opinion. It does work out sometimes, but I always prepare for when there is a firefight, and I am going to need all my ammo.
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