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grent
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Posts posted by grent
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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
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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
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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.
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Lawyers are like that sometimes. However its hard to trust someone who does not return calls.
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
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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
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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
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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
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OKAY THANKS PETE I APPRECIATE THE INFO
GRT
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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
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no i never worked for the va .Do you work for VA? This is what sensitive 7 is I think. I heard this once so only a few people have access to your file. Any employee of the VA cannot access their own file and will be sent to another RO for obvious reasons.You must be a VA employee I take it.
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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
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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
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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.Man, That report linking TBI to sleep apnea, hypoxia and increased risk of Dementia really nails it.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
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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.
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Thanks, i just wanted to make sure.
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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
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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
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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!!
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Hoppy is right- newly discovered service records could change things considerably for you.
I posted a topic on this some time ago-search under Newly discovered Service Records.
Sometimes they can generate a more favorable EED along with an award.
For some reason the VBA a few years ago-clarified this situation.As I understood the VBA notice, there would be no need to file a CUE claim-even if the claim had been denied and not appealed.
It certainly can help any vet denied due to a lack of the inservice records that supported their claim-that show up years later.
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
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THE INJURIES:"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"i think in my SMR
Do you have a copy of your C. file? You don't sound real sure what evidence was used on the original denial back in the 80s. If the hospital did not send records to your command and the records were not used for your discharge exam and then later were not available for the VA decision, then finding these records could change everything. What they will be looking for is a determination by the military doctors that you had a chronic disability as a result of the injuries that occurred while in the military. If they do not find that your in-service injuries resulted in a chronic condition there is a good chance they will not consider the new hospital records material evidence. You have these records and you know what they say. If they are silent for chronicity in the military or if they say the symptoms resolved without residuals, that does not mean that you cannot have your condition service connected. What it means is that you will need to get the IMO whereby the Dr. reviews the new hospital records and links the injuries in the military to your current diagnosis. If you have post service treatment record that were not part of the file at the time of the original denial in the 80s then those also could be used as new material evidence.
"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"
You're right once a claim has been closed the new material evidence must raise a reasonable possibility that a nexus can be established. If the hospital records are silent for any issue stating chronicity or if they actually say condition healed without residuals I really doubt the DRO or the BVA will reopen the claim without a medical opinion with good supporting logic as to why your current condition is linked to the in-service injuries.
Without knowing what type of injuries we are talking about I cannot suggest a specific Dr.
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
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theyput the same wording on mine last week,congats we are lucky gis
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
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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
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Yes, it sounds like Shinseki's plan is to make Veterans homeless by delaying and denying their claims before they can get a VA loan, so it will make VA loan program look like a success, even tho there are hundreds of thousands of Veterans who COULD have gotten a VA loan if the VA would just stop delaying or denying their claims.
IS THAT APPEAL ABLE OR CAN NOD BE FILED
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IS THAT APPEAL ABLE IF YOU GET DENIALYes, it sounds like Shinseki's plan is to make Veterans homeless by delaying and denying their claims before they can get a VA loan, so it will make VA loan program look like a success, even tho there are hundreds of thousands of Veterans who COULD have gotten a VA loan if the VA would just stop delaying or denying their claims.
Ptsd
in VA Disability Claims Research
Posted
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