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Second Class Petty Officers
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About Bossman

  • Birthday 09/10/1954

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  • Location
    McDonough, GA

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  • Service Connected Disability
  • Branch of Service

Bossman's Achievements

  1. Hey Pete53, Its been along long time. I hope that helps, but I was told by a VSO that they don't listen to the SSA and Visa-versa. I was awarded in 2005 and I am still fighting them.
  2. The exact wording is, "After review of this veteran's Medical Treatment Records, it's my professional opinion, due to his service connected conditions, which are chronic in nature, this veteran is unable to secure or follow any (substantially) gainful occupation." Also, my numbers, do they work out to 90%?
  3. Here in Atlanta our VA is so far behind that it send simple stuff to other states to process. Recently my records were sent to Seattle, WA to be processed. Now this is funny becasue it has to be to keep me from snapping. I have been fighting VA for 6 years on this one request for increase. In February 2004 I was approved for increase from 40% to 80%. They rated me wrong so I appealed. One year later my quadricep tendons snapped, SC for knees. I never recovered. I was already rated 10% on each knee for instability. After my right leg became basically useless, I was given another 10% on my right knee. I was ruduced to 60% and with the 10% moved back to 70%. I was still awaiting my BVA hearing. As of today I am still awaiting the BVA hearing I requested in November 2006. As I stated earlier my records was sent to Seattle, WA in October to be processed. Along with my files a letter from my doctor stating that I could not work full time and no substancial, gainful employment. I filed for TDIU in 2006 also. In the beginning of December 2009, Seattle, put my rating back to where it was in 2004, 80%. They change my effective dates and still have me stuck in the VA process. I am sure that I should be rated at 90% without TDIU or 2 of my 10% ratings for cold weather injury to my left and right foot. My ratings: Left shoulder 10%, Right shoulder 20% Left knee 10%, Right knee 20%. Add together and then add 10%, that is 66%, right? These are Bi-lateral. Now combined with: 30% Eczema 30% Hypertensive Heart disease 10% Hypertension 10% cold injury right foot 10% cold injury left foot This does equal more than 85%, right? And by the way they denied me TDIU even though my surgeon said that it is not likely that I will improve. Help me to keep laughing, it is really hard. Should I be 90% or not?
  4. I was finally approved for SSDI. I took a copy of the letter to the VSO. I have been fighting with VA since 2004 over compensation and since 2005 about unsuccessful surgery on both SC knees. My doctor said that my condition is permanent but VA has been pushing my decision back. The even went so far as to say that there is no evidence of knee surgery. They have the surgery summary stating that surgery was done on both knees and a second right knee surgery 5 months later. I am in Atlanta, GA. How much longer should I expect to wait before VA do what SSA did and what I expected 3 and a half years ago? SSA decided that I could not obtain and or hold substantial employment, to VA that should equate to TDIU P&T. I filed for it more than 2 years ago. I have been on corticosteriods continuously since 1986. Why can't I get the 60% that I should according to title 38? IRIS is of no help. VA has a letter from my surgeon that my condition is permanent. It has not helped. My doctor wrote the letter in January 2007 and I hand carried it to VA the same month. Thanks for all of the postings. I read mostly and once in a while I'll post a reply/response. But thanks to everyone. I did get a lump sum from SSDI that Aenta now wants the Lions share of.
  5. Thanks for your Response Clown Man, When I requested the DeNovo Review I also requested a SOC if the review was unfavorable to me. See Below. Under the constructive-notice rule of Bell v. Derwinski, 2 Vet. App. 611 (1992), may the failure of an agency of origi­nal jurisdiction (AOJ) to consider pertinent Department of Veterans Affairs (VA) medical records in existence at the time of its prior final decision constitute clear and unmistakable error, even though such evidence was not actually in the rec­ord before the AOJ? a. With respect to final agency of original jurisdiction (AOJ) decisions rendered on or after July 21, 1992, an AOJ’s failure to consider records which were in VA’s possession at the time of the decision, although not actually in the record before the AOJ, may constitute clear and unmistakable error, if such failure affected the outcome of the claim. My information meets this criteria and Section 4.118 of Title 38 sets the rule.
  6. Thank you for your response Cowgirl, An Adverse proposal see http://www.warms.vba.va.gov/M21_1MR.html#a part 1 Duty to assist, Chapter 2, section B. My request for a hearing was submitted within 7 days, they stamped it almost 7 months later according to VA. The copy in my C-file look to me to be March 7, 2007 not August. My adverse proposal letter was dated January 18, 2007. No, I do not have any communication from the October DRO hearing. Once they found that Due Process was denied they managed to get a hearing scheduled in 7 days but they can not give me a response in 3 months. I also have a form 9 pending from November 2006, I also know that they can not or will not schedule my BVA until the SOC is issued. Since I have been waiting since 2004 for VA to close out my complaint some more time is not really a big deal right now. The information that they are not considering or looking at has been in my VA medical records and C-file since 1998. That is 6 years before I filed. I am SC for my knees. I filed for IU almost 2 years ago. VA denied me becasue they said that I needed 60% with only one SC disability or one SC disability with 40% for more than one disability. I have several and a total of 70% after the reduction and then the increase. I pointed out paragrapgh B but VA could not understand what I ment by that. One of the things that they are denying me on is 60%, a VA doctor said that the cause of my knee problems may be from the systemic absorption of the prescription presribe to me by VA for a skin condition. Title 38 for eczema states that 12 months is 60%. VA has had me on this prescription since 1986.
  7. Berta and Rentalguy1, I did something today to try it and see if it could be done. I filed a CUE based on the constructive-notice rule of Bell v. Derwinski, 2 Vet. App. 611 (1992). There is medical evidence in my records that should have increased my compensation and it has been there for 11 years. I have filed claims a couple times for increase but have been denied. There is evidence in my C-File that show that the information has been there. It is my hope to bring attention to what is happening here in Atlanta, GA. I have file a 21-4138 to request a hearing to fight an adverse proposal. I submitted it at the end of January 2007 but it was stamped August 2007 several months after submitted (Denial of Due Process). I submitted a request for a Denovo Review (CUE,because the medical information is there to support an increase)in June 2007 before the reduction or a SOC. I did not receive either. All of this happened in 2007. And all of this happened before the reduction. I am also considering getting my local Newspaper involved (the AJC). I know that this will cause some delay in my decision from a DRO hearing in October of 2008 but I thhink that it is important to try to bring attention to what is happening here in North Georgia. Is there a good chance that this will suceed? It sounds good. By the way I was awarded SSDI this month. VA denies that there is loss of use of right leg. They deny that I had surgery on both SC knees eventhough they have a copy of the surgery summary and a letter from the Doctor stating that I had knee surgery.
  8. So far that has not happened. I had a rush DRO October 17th 2008. Once I showed them that I was denied "Due Process" they set up a hearing within 7 days but my counselor was in school so they scheduled it fourtheen days later on the 17th. But they have not forwarded the Monies that they discontinue from July 2007.
  9. Yes I can. The form is in my C-file which I have a copy of. It is dated January 25, 2007. To me it looks like it was entered or stamped on March 7, 2007 but VA said that it is August 7, 2007. I believe that I am right because it was placed before some paperwork from April and May of that same year. Thanks for your response.
  10. I am sorry. The efective date was July 1, 2007 but they did not reduce it until September 1, 2007.
  11. September 30th this year VA finally listened to me and said that I did request a hearing in response to a adverse proposal to reduce. I received the proposal on January 18th 2007 and responded January 25th 2007. They say that it was not stamped in until August 2007. They reduced me effective September 1st 2007. Can I file a CUE because I was denied my due process because of their error? I was harmed by the VA because they did not give me and opportunity to show why I should be increased even more but certainly not reduced. Rentalguy1 started at it but at that time I needed to find out the effective date. By the way, when they found out they scheduled a DRO hearing on all issues within 2 weeks (October 17th 2008). I have received the transcript (November 17th 2008) but I have not received any further communication. They did say that they do not need anymore information from me. Hopefully, I will hear something further around December 17th but I am not holding my breath. The 13 months of reduction was not paid back to me which they took in error. What should I expect to happen now? Happy Holidays everybody!
  12. I could not agree with with getting a copy of your C-File more. It helped me provve that I was denied due process and a DRO hearing was scheduled for me 14 days later. They tried to schedule it 7 days later. I requested a copy of my C-File while having an appeal pending. It took 3 weeks and that is 4 folders, stuffed.
  13. They are telling me that BVA is still pending. My rep told me not to bring anything with me but the doctors note that states that what I had was knee surgery. They have the surgery summary in my C-File and they denied that I had knee surgery eventhough it says: Surgery, Right Knee and Surgery left Knee. My doctor sent them the surgery codes and they still denied me and told me later to get a letter from the doctor. This letter eventhough handed in never made it to my C-File. I also have Hypertension, Cold weather injury to hands and feet, Bi-lateral shoulder problems (Arthritis, Bursitis, ruptured bursa sack, nerve impingement and in service surgery to repair a separated shoulder). There is a lot of things that they have messed with me about and have denied me when I knew that I am right. They also have a release letter from my doctor stating the the residual from surgery is permanent with poor outlook for improvements! I also have a torn Meniscus. He also said that I should not attempt to make the hearing officer aware of what Title 38 says about my condition. I have been continuously on Corticosteriods since the late 80's. Certainly more that 12 months before I filed for an increase. All drugs issued by VA. I started out at 80% and was reduced to 60% and then raised 10% to put me at 70%. My point is that they reduced me eventhough the evidence was there to increase eczema to 60%. Yeah, I am worried about their truthfulness.
  14. I finally got someone to recognize that I was denied Due Process. I showed my form 2138 dated 1/25/2007 and it showed that they accepted my form but reduced me without a hearing. The dated stamp was 3/9/2007. The appeals team said that it was dated 8/9/2007. They further stated that, "Since this was received following the final reduction, it is considered a post-decisional hearing request and a DRO will need to hold the hearing. They reduced me after my request was received, and they did it without a hearing. They did setup a hearing for October 17th here in Atlanta. I am very suspicious! The hearing was originally for two SC items but they want to hear all 9 items at this hearing that I initially appealed in August 2004. They said that if I am not satisfied I still have a BVA hearing request pending from 11/06/2006. I that true?
  15. I had been following this on Joshua Kors. This article released in NYT today. http://query.nytimes.com/gst/fullpage.html...752C0A961948260
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