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halos2
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Posts posted by halos2
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Congrats and I too wish to find out how you proved exposure as I have a Vietnam vet brother-in-law who was also dx with this condition. His file was put in over 1 1/2 years ago and he has yet to have a C&P exam appointment. Are you on oxygen therapy? He is and has to pay for own care thus far..
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Took over 7 months for a vet I know to get 1 months worth of 100%. He was in the hosp for 24 days the first month and continued thru 22 days the second month and he got 100% for only the first month...no break in time during these 2 months and they denied the second month, and he put in a NOD and is appealing this...hope you fair better and sooner.
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Me too at first esp as I was in the Air Force...
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Whoop there it is! Congrats and enjoy a little breather.
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Never give up or give in! You are valuable and your family needs you! Suicide is not the answer. Your feelings and issues can be dealt with. You cannot rationally make any decisions currently so follow the advice of others here GO TO THE HOSPITAL! ASAP! GO NOW!! Survivors of suicide victims NEVER recover..so don't do it and think what it would do to your family!
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DeLuca v Brown 95 criteria is supposed to be used with pain related claims but they sure didn't relate it with mine! Good post here on hadit search by Allen for those who want to read DeLuca v Brown US Court of Appeals No 94-242.
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Are you working? When my claim was remanded back to my VARO from BVA it took around 7-8 months for my decision. I was awarded PT No future exams...The retro dates sucked though........
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You state " I took the time to carefully read the letter that proposes to reduce my..." Some years back I had put in for an increase and some dingbat rater decided she would change things around from what my SMR documented as dates and who said what and when things were noted and injury and physician statements to suit her "own mind" but not factual...and I got my letter to propose to reduce my rating...(mind you this was a few months after they claimed I was deceased and I had to prove I was alive!!) No cue written on my papers just "proposal to reduce......"
I immediately put in a NOD and requested a personal hearing with a New DRO and Denovo review...took 7 months to get the hearing (make sure you request transcript of hearing too) and another 7+ months to get my results...The VA cued itself and stated basically they made an error in trying to propose to reduce and that original award was too low of 30% it should have been 50% for this claim...they denied my other claim which was ignored with the first go around...
When I got more of the records during the waiting I could not believe how the rater who made this big fat mistake ignored my new claim and saw where the deceased thing happened and she switched dates around from the factual written dates and treatment and all...What a piece of crap, and her bogus notes are all in my files too. Name included!!
BTW I had 30 days to file my NOD to preserve my $ till they made a new decision post route I chose. They will drop your rating down in a heartbeat if they think they can get by with this!! 30 days!
Get your NOD filed and choose your method you wish to follow, as I prefer face to face as I think the person can put your face in the claim process and the evidence presented can be related to the emotion expressed and tone too. I had some IMO's I handed in too for the other claim that was denied then too...but I could sense the new DRO was totally on my side when I PROVED the other idiot did indeed change my record dates/times/occurance's/evidence to suit herself...
Good luck with your claim.
You can take your spouse and VSO in with you too...if you use a lawyer that person can go in with you also. It is very informal, and they let you take a break if needed when you are presenting your evidence. They set it up for 1 hour and I called ahead and requested 2, as I had evidence for the old one and the new one to present. Be organized with your evidence!
I took the time to carefully read the letter that proposes to reduce my cervical radiculopathy or actually combine it with my Carpal Tunnel Syndrome. Here are some of the important paragraphs. Thanks in advance if you take the time to read and comment.
The VA states: This assessment clearly shows that the end disability results in weakness and decrease in grip (incomplete paralysis) of your hand which is basically the same result as your service connected carpal tunnel syndrome.
But earlier in the decision letter it clearly states that results of an examination on Dec 12, 2010 I complained of paresthesia/dysesthesia episodic decrease sensation extending down both upper extremities along radial aspects. It also goes on to say shooting pain along radial aspect. My detailed VA reflex examination noted right and left hypoactivity in the biceps (C5-6) and pinprick. The examiner opined that opined that your secondary bilateral cervical radiculopathy is at atleast as likely as not caused by or a result of your service connected degenerative spine condition. The examiners rationale indicated that your VA record notes multiple complaints of cervical spine radicular symptoms since 9/13/2009. Radiographic findings also indicated increased degenerative changes as compared to studies one year prior. However only C3-4 shows neuroforaminal encroachment, but the examiner noted that you reported radicular symptoms travel along C-5 and C-6. The service connected bilateral median nerve paralysis is the apparent cause of the episodic weakness, pain and decrease in the hands .
That is where he comes to his decision and states: This assessment clearly shows that the end disability results in weakness and decrease in grip (incomplete paralysis) of your hand which is basically the same result as your service connected carpal tunnel syndrome.
Like JBasser and Scsrewed said, how can this guy make these decisions/assumptions?? I guess I now need to get an IMO contradicting what he says since he said it even if he doesn't have the authority to make this determination?
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Broncovet, Wow this is so interesting and so familiar with my old denied claims. Unfortunately I can NEVER EVER request my claims be reviewed or challenged or new claims as the "Deal was take the PT 100% with no future exams" for life...retro 1 year and not for over 6 more...or we will keep you bogged down with our own physicians appointments and deny you forever basically......bummers, but I still got it even as the creeks cost of retro years............
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Great to read, and greater for you to receive these benefits and the compensation funds. Now you can breathe a little easier. Enjoy your win and buy yourself a treat for beating the beast.
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I am glad you asked the fastest way to proceed...I had always used the DRO and Denovo way and one time even a Personal Hearing with a DRO ( all were requested with a new Dro as a new perspective I thought would be the best...one I received an increase post DRO hearing one granted increase per DRO review and others went to BVA/remanded back/ 100% PT no future exams...
However just a few days ago I had a VA employee(pretty versed in VA law) tell me he has ALWAYS used the Reconsideration mode with all of his claims and has gotten increases each time!!
So I hope others will post here their favorite or most beneficial route they have taken to achieve their maximum award/benefit.
I think there are definite variables like the diagnoses, how much documentation you have, whether you are proceeding alone or use a VSO,EVIDENCE you have, etc...
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Have you put in a claim for PAIN? DDD? DJD? Do you have diagnosis's for these? Do you take prescribed pain medication? If so who prescribed them? What were they prescribed for? VA or civilian physician? Do you have Fibromyalgia? Chronic Fatigue Syndrome? Do you work? What diagnoses do you have other than PTSD? Lots of times one may have PTSD with Depressive Disorder or PTSD with Major Depressive Disorder...What does yours state?
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Welcome to Hadit !! Glad you joined here and post any questions or/and comments at your leisure.
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This is more than ideal! I bought one last year as a Christmas gift for a family and it does everything they all want and more. Personally I use a Gateway. But I would NOT get anything smaller than a 14" or 15" !! I hated the smaller one's, I mean HATED them !! Way too small. Even though the normal sizes are heavier, a few pounds, it is worth it too see and operate, especially for a novice. I both this one and it was and is a good buy for a very good computer, BTW this is JMHO and speak from direct knowledge.
How does this laptop look for a beginner who will probably do nothing more than emails and surf the net a little.
Also - I guess an important thing is will she be able to watch DVD's on it and burn duplicate dvd's and burn music CD's ?
Does this have enough RAM for a beginner ?
She won't be doing any type of work on it - just mainly entertainment.
Also, is this set up for WI-FI.
Thanks for your help.
carlie
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May the daughter and mother rejoice in this award. Years passed and the daughter was able to help her mother, through her fathers military service. The VA got this old claim right!(Even though recently filed) Hope they can enjoy some comfort in this award.
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Yes Virginia, There Is A Santa Claus ! So good to read this.
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Government branches all like to take a hand in denials and decreasing one' benefits. Check with your attorney and find out the FACTS and let them do the work and get you what you deserve. Pretty sad when one who has that many severe disabilities has to endure the added stress of fighting them too. Don't be discouraged and impatient. You won your VA claim, and all folks here are backing the same for you on your social security one. May the new year bring you this award and may you enjoy some peace in your life.
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Carlie or another Mod can you bump this request to the proper arena?
What is Chapter 35 reg. and how does it apply to Vocational Rehabilitation
thanks
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Glad to see another new member. Can you clarify what area you may have expertise in? Former or current VA employee? Curious one that I am...
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The link posted did not open for me...
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Great to read another vet gets their granting and award. Glad to see you were able to proceed with the help of these fine folks here @ hadit. Knowledge is power! The power of the people here give freely of their own will and help all of us find justice! Congrats, and enjoy. Don't know if you are still going to work or not, but I am sure others told you about TDIU too.
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I got SSDI in 03 after a few weeks post exam. Was 53 then. However VA was another story. Took 7+ years and many NOD's, C&P exams, Proved I was not deceased, Proof of not to sever claims. and finally got 100% PT No Future Exams. It was a constant fight but I was determined to NEVER GIVE up and had help in the later years here and Jim Strickland over the last few years. Effective 09 but decision 10. Never went back to original date of claim 03 and 04...
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Being unable to be employed could help you get SSDI, however remember as long as the Parkinson's Disease can be attributable to your service connection that is why you could get TDIU. SS can grant on any illiness's or diseases they see is attributable to your incapacity to be employed, but VA only cares about Service Connection. You don't have anything to lose by application to SSA.
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You get SS or SSDI? How long you been receiving SS benefits? When did you put in your original VA claim? Military records validate any of your diagnoses? Are you AO related?
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gooz87 welcome to hadit. I see you are 90% and have put in for a rate increase...did you put in for TDIU? Total Disaility Individual Unemployability? Are you working? Fill us in a little about your diagnoses and when you originally filled and how long it has taken you to get this far. You will find many folks here with vast amounts of knowledge to help you along the way from their experiences. Welcome aboard!!