Sgt. Wilky

I certainly do. Despite well documented evidence, the BVA used the term "equipoise" a few times in their decision. I even asked for BOD on my feet issues when a discrepancy arose in my SMRs. Naturally, back in 2009 the DRO still ignored the request and it took the BVA's decision to render equipoise and/or BOD.
"It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant."
Yea, riiiiiiiiight.

I certainly do. Despite well documented evidence, the BVA used the term "equipoise" a few times in their decision. I even asked for BOD on my feet issues when a discrepancy arose in my SMRs. Naturally, back in 2009 the DRO still ignored the request and it took the BVA's decision to render equipoise and/or BOD.
"It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant."
Yea, riiiiiiiiight.

I certainly do. Despite well documented evidence, the BVA used the term "equipoise" a few times in their decision. I even asked for BOD on my feet issues when a discrepancy arose in my SMRs. Naturally, back in 2009 the DRO still ignored the request and it took the BVA's decision to render equipoise and/or BOD.
"It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant."
Yea, riiiiiiiiight.

I certainly do. Despite well documented evidence, the BVA used the term "equipoise" a few times in their decision. I even asked for BOD on my feet issues when a discrepancy arose in my SMRs. Naturally, back in 2009 the DRO still ignored the request and it took the BVA's decision to render equipoise and/or BOD.
"It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant."
Yea, riiiiiiiiight.

Great answer, Buck, yours was a better answer than mine.  This should be a new post titled "benefit of the doubt", so that other Veterans can find these tasty gems that could/should help them win.  The BOD arguement is so strong that many VSO's use it exclusively.  While I think that is a mistake, I wont disagree that many, many a Veteran has one his claim on BOD.  

I can only address the first two questions of your post:
My claim for PTSD was approved right off the bat (first time ever for a claim for me BTW). I had looked at the DBQs and my doctor and my spouse matched my symptoms with those listed on the DBQ. I made sure to address the C & P examiner's questions as it related to my symptoms AND as it related to the information on the DBQ so that there would be NO mistake (intentional or unintentional) by the VA as to my conditions and symptoms of such. My claim was approved within 2 months.
Secondly, I was a reservist in the Marines who saw one tour, but during that tour and during my active duty time I had numerous injuries all documented in my SMRs. Although I did not receive a "final" health exam either, all my issues in my claims are documented in my SMR and I have an established history of complaint throughout my civilian life since.
It took a long while for me to learn how to put my ducks in a row, but I finally learned how to do it by the help of so many people here.
Good luck and Semper Fi!
Sgt. Wilky

This has been an amazing resource of information and has helped me win my claim. Without had it, I would not have learned the ins and outs of the system that we and I are up against. Thank you Tbird and all of you who have contributed so much to my claims and the claims of so many here!
Semper Fi,
Sgt. Wilky

If you haven't already, go the PTSD forum and read as much as you can. I was diagnosed with PTSD by the C & P exam, and from what I can tell you, just be honest about everything. Even if it makes you cry. Don't try to "force" yourself to control your emotions i.e. grab your knees so that your hands don't shake. They need to see the sympathetic responses. Give as much detail as you can and make them tell you when to stop. Also, do NOT let the examiner dwell on life before the service. I've been reading that some examiners like to try to establish a PTSD connection to something that didn't happen in service. My exam wasn't like that, but I covered that ground for him.
Do as much research as you can on this topic. This site is chock full of information. Yes, you are struggling and you need help, but it's up to you to learn the processes and there are many resources available to help you win your claim! Best wishes!
Semper Fi,
Sgt. Wilky

This has been an amazing resource of information and has helped me win my claim. Without had it, I would not have learned the ins and outs of the system that we and I are up against. Thank you Tbird and all of you who have contributed so much to my claims and the claims of so many here!
Semper Fi,
Sgt. Wilky

You guys have my thoughts and prayers!
Blessings to you guys!
Sgt. Wilky

Why is this important? Are trying to play the system, like others do? What you get is what you get. Be happy that your are appreciated for your service and have the needed medical care.

I really have a hard time understanding how VA justifies their position that "all Veterans are alcoholic, drug addicted losers seeking to con the VA out of undeserved benefits, by abusing hardworking VA employees.  All Vets also divorce their wives and abandon their children due to their drug and alcohohol abuse, and should be treated as such."  

This was exactly my situation. In my initial claim in 2008, I put down all dependents including my wife. When I was granted at 30% in 2012, they decided I no longer had kids and my wife left me. When to the VSO and re-submitted that paperwork and was told to wait. A year later, I got fed up with the stupidity and went to Ebenefits and did it myself and two months later had the back pay and the updated beneficiary information in my file.
Again, the VA does this with the belief that 20%-30% of the veterans won't notice or won't care. It's ridiculous, but that's the game we're forced to play.
Semper Fi,
Sgt. Wilky

Yes.  Im having the same problem, fighting over dependents effective dates.  I put all my dependendents on application in 2002, the VA assumes all Veterans are going to get a divorce and abandon their children due to all Veterans alcohol and drug abuse, according to them.  

The interview is here.

The interview is here.

If you haven't already, go the PTSD forum and read as much as you can. I was diagnosed with PTSD by the C & P exam, and from what I can tell you, just be honest about everything. Even if it makes you cry. Don't try to "force" yourself to control your emotions i.e. grab your knees so that your hands don't shake. They need to see the sympathetic responses. Give as much detail as you can and make them tell you when to stop. Also, do NOT let the examiner dwell on life before the service. I've been reading that some examiners like to try to establish a PTSD connection to something that didn't happen in service. My exam wasn't like that, but I covered that ground for him.
Do as much research as you can on this topic. This site is chock full of information. Yes, you are struggling and you need help, but it's up to you to learn the processes and there are many resources available to help you win your claim! Best wishes!
Semper Fi,
Sgt. Wilky

I checked for you.  Yes, my computer says that "login is not available".  Sorry, Buck.  
My suggestions:
I have been around hadit a long time.  Not quite as long as Tbird and Berta, but a long time.  
One guy suggested "getting a hobby" and not keep checking ebenfits, and that makes sense to me.   You know, you can go fishing, or send grandchildren Christmas cards.   Call em, if you cant afford a stamp.   You can go on your computer and "estimate" your retro, and what you would do with each amount.  Lets say you think you might get SMC S, maybe for 10 years (30-40k) , maybe 5 years (15k) , maybe one year. (4000).  Then make a list of what you would do with 5k, what to do with 15k and what to do with 30 k.  You dont have to tell your family, but maybe you got a son who needs 1000.00 and you plan on giving it to him.  Write that down, and write down 500 if you only plan on 500 if you dont get that much.      If you cant hear on the phone, then go to your VAMC and tell em you need:
1) An assisted listening device.
2)  A phone with close captions (CapTel).
3)  Your hearing aids, cleaned/reprogrammed/ new ones, that are better and have "noise cancelling".  I get my new ones in April.
4)  Try to find out if a CI (Cochlear Implant) will help you hear.  
    In other words, dont worry about "when" your retro arrives, just concentrate on what you will do with it, and how you can help others and yourself.   
The "watched pot never boils" kind of a thing.  Checking ebenefits too often stresses me out.  Its usually wrong, or down.  

Yep.  Most of the rest of us dont have "letters from the president" to sell.  We just have broken promises, and scandals.  

One of my biggest gripes with VA is broken, battered and senior veterans and their families enduring long and dangerous drives to keep the union workfare facilities open.

Sounds like broken promises

Congratulation on a good win.
\
...........Buck

Congratulations!!

Great new man i am happy for you. Hopefully after appeals i can get where i belong right there with you. Stay strong! 

Hey all,
Just wanted to fill you in on my PTSD claim progress. Filed in July of 2015 at the Denver RO. Went through my PTSD C&P exam and the doctor diagnosed PTSD on October 30, 2015. December 1, 2015 I logged in to Ebenefits and they have granted SC at 50% for PTSD, putting me at 60%. Keep fighting guys and don't give up!
Semper Fi,
Sgt. Wilky