grent

I WAS ON TDIU BUT CONTINUED TO FILE FOR OTHER SC'S THAT FINALLY GOT APPROVED THEN I GOT ANOTHER RATING DECISION THAT SAID I AM 100 % P AND T

CURRENTLY HAVE A CLAIM PENDING FOR SMC DUE TO MY SERVICE CONNECTION FOR CERVICAL AND LUMBAR ISSUES WHICH ARE CURRENTLY RATED AT 40% CURRENTLY JUST DIAGNOSED WITH OSTEOPHYTES BONE NARROWING AND BONE SPUR IN MY LOWER SPINE L 1 L2 AREA THE PAIN IS SO BAD IN MY BACK DOCTOR HAS PUT ME ON MORPHINE CAN I RECEIVE SMC N OR O/P BASED ON MY BACK PROBLEMS THANKS GT

HI GOOD AFTERNOON. MY CURRENT RATE IS 100% P AND T JUST GOT REMOVED FROM TDIU BOUT YEAR AGO MY PROBLEM IS THIS ONE OF MY SC'S WAS FOR MOOD DISORDER THEN THE VA DID AN OOPS RECLASSIFIED ME TO 70% PTSD. I KEEP APPEALING AND SHOWING MY LIFETIME GAF OF 40 PLUS MY VO-REHAB DISMISSAL LETTER SAYING IM NO LONGER ABLE TO STAY IN THE PROGRAM PLUS ALL MY PYSCH REPORTS STATING I SHOULD BE 100% PTSD VA STILL CONTINUES TO LEAVE ME AT 70% WHEN IN FACT OTHER VETS GET 100% PTSD FOR GAF OF 55 OR HIGHER BUDDY MINE SAID JUST KEEP APPEALING EVENTUALLY VA WILL WAKE UP SMELL THE COFFE ANYONE HERE STUCK IN THIS SITUATION OR FINALLY GOTTEN 100% PTSD ILL BE GLAD WHEN I FINALLY GET ADVANCED TO 100% PTSD ANY THOUGHTS HERE THANKS GT

Hi: I have a question. My problem is this I have a case waiting for BVA, been 2 years now. Problem is I have moved from America to another country what happens if I have to do a C and P?????????? Thank you for your help.

i guess i could do a recon reconsideration or a video travel board or straight bva in washington dont know what to do here 4 seperate appeals Pete any thoughts here??? havent talked to you in a while been sick in and out of the ER VA gave me 20% mood then i pointed out they where wrong they did an OOOPS and gave me 80% but re-classified my mood as PTSD and with 3 prior GAFs of 40 buddy sez when you have 80% PTSD you just document your symptoms on 21 4138 and re-file thats one of my appeals i am considering going back to the DAV and dropping this lawyer i guess some VAROS will see if they can grant some issues before the file goes in BVA mode rather than just let it sit their for years and years as mine has in closing i am very disapointed in this administration seems they just did what others have done before them just nominate a political appointee and the person comes in takes off their jacket and does nothing positive to change the system in fact the growing backlog of BVA cases is getting worse

i am currently waiting a bva hearing for retro pay based on lost records and increase from 100 scheduler to smc. form 9 timely filed and got a lawyer through va watchdog first lawyer took off va watchdog got me another lawyer new lawyer same as the last keeps me in the dark never calls me 6 -7 months go by then i usually call the lawyer never their always out the next event the varo writes back to me after year and half and says they are working on my appeals hum did i request that? i thought i filed form 9 bva for that?? i call the 1800 number for va they tell me the local varo is trying to see if they can grant all my pending bva issues at the local varo level the 1 800 va say its like they are seeing if they can grant eveyrthing at the local level thats what 1800 va tells me yeah and i believe that then couple of months go by and the local varo writes to me they tell me i did not elect whether i wanted travelling board which they state is quicker or bva hearing which is longer simply dont know what to do here can you offer some advice dont know whether to pick door number door number 1 door number 2 door number 3 ??? how many more appeals do i have??????? any thoughts here should i just go back to the DVA and drop this lawyer what a waiting period it has been been bout 3 1/2 years stilll no closer to my hearing whats the best way to go travel board or bva ?? friend of mine sez travel board / video is a sham varo court like the dro hearing better to go straight bva??? thanx grent

What i like about the cases is some times you can see referances to other cases and then go from their into the mind set of the VA Thanks Again! grt

PETE: THANKS FOR POSTING AG V PEAKE PAGE 8 "THE CONSEQUENCE OF A FAILURE NOTIFY IN ACCORDANCE WITH REGULATION RENDERS THE RO DETERMINATION NON FINAL THEN THEY SITE BEST V BROWN THAT S THE NAIL IN THE COFFIN ON OF MY CLAIMS WITH VA THANKS PETE 53 VERY GOOD READING WITH GOOD CASE CITES AND FOOT NOTES!!!!!!!! THANKS AGAIN!! GRT

OKAY THANKS PETE I APPRECIATE THE INFO GRT

CAN A VETERAN WHO IS 100% P AND T AND DOES NOT LIVE NEAR A VA HOSPITAL (SAY 100 MILES AWAY) GET THE VA FEE BASIS DEPARTMENT TO PAY FOR HIS PRIVATE DOCTOR AND PSYCHIATRIC MEDICAL BILLS IF HE IS NOT ON MEDICARE AT ALL. OR IF A VETERAN WHO IS VA RATED @ 100% P AND T AND ON SSD WITH MEDICARE PARTS A AND B AND AFTER MEDICARE PARTS A AND B PAYS ITS PORTION OF THE DOCTORS BILL CAN THE VETERAN THEN SUBMIT THE REMAINDER OF THE BILL TO THE VA FEE BASIS DEPARTMENT FOR THE RAMINDER OF PAYMENT? THANKS GRT

no i never worked for the va .

GOT A CALL TODAY FROM THE VA. WHEN I ASKED THE VA PERSON TO IDENTIFY THEM SELVES THEY JUST SAID THEY COULD NOT GIVE OUT ANY INFORMATION BECAUSE MY VA FILE IS A------- "SENSATIVE 7" WHAT IS SENSATIVE NUMBER 7 ???? SO I JUST HUNG UP ON THEM. I'M WORRIED AND SUSPICIOUS. THANK YOU FOR YOUR ATTENTION AND HELP. IS ANY OTHER VETERAN A "SENSATIVE 7" LIKE ME?? WHAT DID I DO TO BECOME OR HAVE MY VA FOLDER CLASSED A SENSATIVE 7 GRT

I HAVE AN APPEAL PENDING BEFORE BVA CAN I SEND NEXUS LETTERS AND NEW MEDICAL EVIDENCE TO THE BVA WHILE MY APPEAL IS PENDING FOR INSTANCE CAN I SEND MEDICAL REPORTS FROM MEDICARE DOCTOR'S WHILE I AM WAITING DURING THIS TWO YEAR PERIOD ALL THESE NEW REPORTS ARE RELATED TO MY SC CONDITIONS THKS GRT

THANK YOU EXCELLENT ARTICLE. I HAVE TBI AND SOME MONTHS BOUT A YEAR AGO I RECEIVED A LETTER FROM VA ABOUT A RETRO PAYMENT AND AN INCREASE FOR MY TBI OTHER VETERANS I KNOW WITH TBI GOT THIS LETTER TO. I HAVE SLEEP APNEA SO I WILL BRING THIS ARTICLE UP TO MY IMO / IME DOCTORS AND GO FROM THEIR THANK YOU FOR POSTING THIS ARTICLE IT IS VERY WELL WRITTEN IM GOING TO GET A LITTLE BRAVE HERE AND SAY THIS ARTICLE IS OR COULD BE USED AS A NEXUS OR A "SECONDARY" TO TBI ABRAMS REPORT>>>>> THE OTHER ARTICLE I FOUND HERE SOME MONTHS AGO WAS THE ABRAMS REPORT ON VETS WITH 100% P AND T AND HOW SMC SHOULD BE FIGURED INTO THAT AWARD ONCE 100% P AND T IS AWARDED THAT WAS AN AWESOME ARTICLE AND I BELIEVE THEIR WAS A COURT CASE THAT WENT WITH THAT TO THANKS AGAIN FOR POSTING THE TBI SLEEP APNEA ARTICLE VERY IMPORTANT TO ME!! THANK YOU AGAIN

Thanks. I have often wondered "a what if" in regard to the IRS and my SSD and Vet benefits. I paper file my 1040 every year return receipt green card and keep a copy for the past three years. Some body told me you should always keep your prior last three years Fed and State income taxes so I do. Finally glad i got my student loan discharged.

Thanks, i just wanted to make sure.

QUICK QUESTION HERE: I WOULD LIKE TO KNOW DOES THE US INTERNAL REVENUE SERVICE HAVE THE LEGAL POWER, RIGHT AND ABILITY TO SEIZE A VETERANS MONTHLY CASH DISABILITY COMP IF HE OWES UNPAID FEDERAL TAXES CAN THE IRS ISSUE A "levy" AND THEN GARNISH RIGHT OUT OF THE VETS SAVINGS OR CHECK DEBIT ACCOUNT????????? I THOUGHT THE LAW SAID SOMETHING LIKE VETERANS CASH BENEFITS ARE NOT ATTACHABLE BY ANY COURT I THINK FOR CHILD SUPPORT THEY CAN STATE FEDERAL OR LOCAL JUST SOMETHING I WOULD LIKE TO KEEP IN THE BACK OF MY MIND AS FAR AS THE IRS IS CONCERNED THANKS FOR YOUR HELP AND GUIDANCE

HOPPY / BERTA THANKS FOR THE ADVICE BASED ON YOUR GUIDANCE WHAT I HAVE DECIDED IS THIS GET AN IMO WHICH WOULD BE A NEXUS (38 CFR 3.156 CLAIM) IMO RE -- EN FORCED WITH THE FOLLOWING FROM MY MEDICARE DOCTORS DOING AN ACTUAL IME MY POINT HERE IS I SEE THEM EVERY MONTH USE MY MEDICARE DOCTORS UNDER PART A TO DO AN IME BASED ON THE IMO USE MY MEDICARE PYSCHISTRIST UNDER PART B TO DO AN IME BASED ON THE IMO WHICH WOULD BE A 38 CFR 3.156 NEXUS BASED ON CHRONACITY AND THEN HAVE ALL THAT INFORMATION TO MY LAWYER BEFORE THE BVA HEARING THATS MY PLAN BASED ON YOUR HELP AND I WILL REVIEW ALL THE CASE LAW YOU POSTED THANK YOU AGAIN WISH EVERYONE A MERRY CHRISTMAS AND HAPPY NEW YEAR WILL LET YOU KNOW HOW I MAKE OUT AFTER THE BVA HEARING THANKS HOPPY AND BERTA FOR YOUR HELP ONE FINAL NOTE ON MY PART D DRUG RX MEDICARE THIS MAY OR MAY NOT HELP OTHER FOLKS BUT MY MY STATE MEDICARE COUNSLOR PUT ME ON WELL CARE SIGNATURE PDP PART D DRUG RX PLAN FOR MEDICARE I HAVE NO DEDUCTABLE FOR RX I AM ALLOWED ABOUT $4 550 YEARLY FOR DRUGS AFTER I HAVE SUR PASSED THE $4,550 I HAVE TO PAY THE COST OF THE DRUGS I LIKE THIS PROGRAM IT COMES OUT OF MY SSD CHECK EVERY MONTH IT COSTS $32.50 PER MONTH $390 PER YEAR I HAVE NO PART C YET I HAVE TO MEET WITH ANOTHER STATE COUNSELOR THEY ONLY WORK WITH VETERANS ON SSD THEY WILL SIT DOWN AND HELP YOU FIND GOOD SUPPLEMENTAL PART C INSURANCE THEIR ARE TIME DEADLINES YOU HAVE TO MEET TO GET INTO THESE PART D AND PART C MEDICARE PROGRAMS THE STATE COUNSELORS FOR MEDICARE ARE AWESOME FOR ME I FOUND THEY KNOW THEIR STUFF ON MEDICARE THANKS HOPPY / BERTA I KNOW WHAT TO DO NOW AGAIN MERRY CHRISTMAS HAPPY NEW YEAR I THINK AFTER THE BVA THE NEXT STEP IS THE SUPREME COURT OF THE UNITED STATES NOT SURE ON THAT THOUGH

AFTER TALKING TO OTHER VETS AND READING NUMEROUS BVA LOST RECORD APPEALS UNDER 38CFR3.156 IM GOING TO ASSUME THE WORST AND GET AN INDEPTH IME NEXUS FOCUSING ON CHRONACITY DURING AND TYING THE LOST RECORDS WHICH VA NOW HAS BACK TO MY INJURY THATS ONLY PIECE OF EVIDENCE I NEED OUT OF THREE REQUIRED TO WIN MY APPEAL AND IN FACT THATS WHAT THE SOC IS STATING IN AN AROUND ABOUT WAY OF LEGAL JARGON IN THE DENIAL SO MY LAWYER BROUGHT THAT TO MY ATTENTION WHILE I WAS LOOKING AT 38CFR3.156 DENIALS AT THE VA WEB SITE I HAVE TO FIND AN IME WRITER WHO IS INEXPENSIVE BUT GOOD TRACK RECORD ON 38CFR3.156 RE-OPEN ISSUES I KNOW WHAT I HAVE TO DO BEFORE THE HEARING NOW ANY DOCTORS YOU MAY HAVE TO RECOMMEND PLEASE LET ME KNOW MY LAWYER TOLD ME BVA HEARINGS ARE RUNING BETWEEN 14 TO 20 MONTHS WITH HIS LAW FIRM TAKE CARE IM OFF TO GET HELP WILL LET YOU KNOW HOW I DO AGAIN MERRY CHRISTMAS HAPPY NEW YEAR TO ALL BEST ARTICLE I READ FROM HADIT IS THE ABRAMS HOUSE SUB COM REPORT ON SMC THAT WAS AND IS DEFINATELY A STOCKING GIFT FOR CHRISTMAS !! I WOULD LIKE TO SEE ABRAMS DO MORE REPRESENTATION BEFORE THE HOUSE VERY COMPELLING SPEAKER!!

based on my ratings listed below can you recommend a ime / imo doctor that deals in 38CFR3.156 claims also involving lost records involving claims that were submitted but VA did not take action on do you have a web site to go to for an ime expert that deals with these claims on daily basis thanks for the reply happy holidays

THE INJURIES: TBI / ALREADY RATED CERVICAL / ALREADY RATED LUMBAR / ALREADY RATED DAMGED BROKEN BONES / SOME RATED / SOME NOT PTSD / ALREADY RATED HEARING ALREADY REATED TINNITUS ALREADY RATED EYE SIGHT / ALREADY RATED HEADACHES MIGRAINE ALREADY RATED THEN THEIRS A BUNCH OF 0% PERCENTERS SOME DEFERRED ISSUES SOME NON SERVICE CONNECTED CAN YOU RECOMMEND DOCTOR FOR NEXUS IME? THANK YOU FOR ANSWERING MY QUESTION MERRY CHRISTMAS HAPPY NEW YEAR

Hi i asked a question about P and T a while back I GOT AWFUL MEMORY I was on tdiu then some lost records were located and i just sent them into VA because the DAV said the VA knew bout them and i later found out the DAV never filed the lost records so i filed the lost records with VA 5 months go by 1 800 says they are working on them NO DRO HEARING NO REQUESTS FOR MORE EVIDENCE NO LETTER SAYING WHERE WORKING ON IT IT WAS A FRIDAY THE THIRTEENTH ABOUT 16OO I OPEN MY MAIL BOX AND I SEE THAT BROWN MANILA ENVELOPE I OPEN IT UP AND TO MY SURPRISE the letter lists 6 new sc s on page one on page 3 it says YOUR OVERALL OR COMBINED RATING IS 100% WE DO NOT ADD INDIVIDUAL PERCENTAGES OF EACH CONDITION TO DETERMINE YOUR COMBINED RATING. LINE 4 SAYS WE ENCLOSED A VA FORM 21 8760 " ADDITIONAL INFO FOR VETERANS WITH SERVICE CONNECTED PERMANENT AND TOTAL DISABILITY" TALKS ABOUT CHAMP VA COMISSARY TALKS ABOUT WHAT TO DO IF I LIVE IN EUROPE OR ANY PLACE ELSE IN THE WORLD BUT DOSE NOT COME OUT AND SAY YOU HAVE BEEN MOVED FROM TDIU TO 100% SCHEDULAR PERCENT PERMANENT AND TOTAL SO TO THIS DAY I JUST DONT KNOW SO ILL JUST GO WITH THE FLOW BUT WOULD LIKE TO KNOW SOME DAY THKS GRT

Have a case before BVA on lost records recently found at NPRC. CURRENT FACTS Back in the eighties the VA knew about my injuries but based on a small note i think in my SMR gave me just a complete denial on claim i filed. This was very scanty unclear one line information information in medical file Located lost hospital records from NPRC St Louis MO recently Then requested my old denied claim to be re-opened pursuant to 38 CFR 3.156 and the lost hospital records had DRO hearing did 60 days form 9 now at BVA the BVA judge is going to come in and say thats great you located your hospital records (thanks for your service) but it"s re dun dant and not new or remarkable evidence Im trying to fight them and argue that VA made a mistake because my one line smr entry of injry notation were used instead of my hospital records which were lost (but very in depth of my injuries) at the time but just found at NPRC these hospital records were not in my SMR because the hospital did not put them in their, when i left the military hospital usually the records are sent from the military hospital back to the service members smr at their duty station / command / that did not happen the military hospital never sent them back to my command duty station how can i prove the VA did not use them in the prior rating decision i dont think that matters only the fact the VA new about it is what matters so now im going to have to prove that the lost material / hospital records located at NPRC is new and material evidence and not redundant I plan on using an IMO as a nexus to state the conditions in the lost records are not only new and remarkable but relate back to my in service injury and had these records been made available to the VARO at that time i would have been given a 100% rating based on the VA ratings dealing with those kinds of injuries at that time i have been told these nexus letter imo"s are a must for these type 38CFR3.156 re- open rior claim cases, with out it the BVA judge is going to rule in favor of VA and say the records were lost thats true (glad you found them) but the evidence is not new they are redundant also can i submit current doctors report and can the nexus letter take all my current injuries and relate them back to my re-opened claim as SECONDARY which they are or can i only have the IMO NEXUS LETTER state what i asked for in the original claim can you recomend any doctors who do these kinds of special re-open claim IMO NEXUS letters should i use an IMO? / NEXUS?? WHAT I HAVE READ SO FAR ON THESE TYPE BVA CASES i read a lot of appeal cases at the VA web site all the arrows BVA DECISIONS say yes yes over and over a lot of claims i see were denied and the BVA judge's state over and over and over "i see no indication of "nexus" to re-open this claim" the BVA Judge's will state yes the records were lost but not new or remarkable then they always say roughly the same thing "I WE SEE NO NEXUS BETWEEN THE RETRIVED MATERIAL BACK TO THE ORIGINAL CLAIM" claim denied. QUESTIONS FOR HAD IT am i headed in the right direction ? am i doing any thing wrong? can i request the BVA to put my case on hold through my lawyer until i have everything i need, evidence wise ready to go? i currently have a lawyer Do i need to change anything here? thks for your help if i'm doing anything wrong please let me know Merry Christmas Happy New Year

IS THAT APPEAL ABLE OR CAN NOD BE FILED

IS THAT APPEAL ABLE IF YOU GET DENIAL