Sgt. Wilky

As a former 0811 (field artillery) Marine, the VA denied my tinnitus claim while granting 0% for reduced hearing. Go figure. My MOS is a "high Probable" on that list and they still denied it. They referenced my post-deployment health survey which DID state I did not have tinnitus. Yes, I marked "no" on that survey because the Navy doctor who issued the survey to us said to only mark conditions "...that ONLY incurred IN THEATER". I already had tinnitus at that point so I marked "no". It cost the VA a years worth of back pay after I got a couple buddy statements backing up my claim.
Instead of granting equipoise to the fact that I was an 0811 versus one (1) document that stated no, they sided with themselves and against the veteran in clear violation of the law. I stated so in my NOD and the de novo review agreed and called it a CUE.
Semper Fi,
Sgt. Wilky

Funny you mention that. I logged into ebenefits for the last check of the day, and I went from 30% to 60%! They granted SC for PTSD at 50% which I'm pleased with!!
No pending deposit (I can see ACH pending deposits) yet, but it just got updated within the last few hours. I expect the back pay for that increase to be within a couple weeks.
Still waiting on the BVA appeal grants to be implemented! So glad this is nearing an end!! Keep fighting!!
Semper Fi!
Sgt. Wilky

Great News Bud, wish you the best, and God Bless!!!

Congratulations!

Congratulations, Semper Fi!

Good for you Marine.

Congratulations ?

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

As a former 0811 (field artillery) Marine, the VA denied my tinnitus claim while granting 0% for reduced hearing. Go figure. My MOS is a "high Probable" on that list and they still denied it. They referenced my post-deployment health survey which DID state I did not have tinnitus. Yes, I marked "no" on that survey because the Navy doctor who issued the survey to us said to only mark conditions "...that ONLY incurred IN THEATER". I already had tinnitus at that point so I marked "no". It cost the VA a years worth of back pay after I got a couple buddy statements backing up my claim.
Instead of granting equipoise to the fact that I was an 0811 versus one (1) document that stated no, they sided with themselves and against the veteran in clear violation of the law. I stated so in my NOD and the de novo review agreed and called it a CUE.
Semper Fi,
Sgt. Wilky

Congratulations!  The VA bringing the "no dependents" is just more BS.  They assume all Veterans divorce their spouse and leave the kids fatherless in order for them to save money.  Naturally, tho, VA employees will want to provide their own famalies with health insurance dental, retirement, life insurance etc.  Its "just Vets" who dont care about their families.  I wonder what happens to the Vets who are Va employees..do they get the VA employee presumption that they are all good honest people who care about their families, or the "negative" presumption that Vets dont care about their families and abandon all their kids? 

VA forms are just those forms to fill out, if the information cannot be filled out, they wont kick it back because of that YOU provide the information to them, THEY need to determine.  The form is required etc but the system doesnt look at every box to make sure it is filled out.
 
When i filled out mine i wrote down the names of a few, but some others i didnt know them like you, I knew they were Marines, and i could reasonably guess who they were based on locations of unit on our flank, etc, but i didnt have their DD214 to make sure.
Looking at the form, if there were any specific stressfull incidents that were worse or more bothersome, stuck with you, than others, i would write those down in incidents 1&2 and then i would attach another sheet explaining the gravity of the situation. that these were just 1 or two incidents out of hundreds that you dealt with.  That you never knew the names, other than what might be showing on a name tape or a unit patch on a shoulder, etc.
Dont get anxiety ridden over this brother, they have their little forms, but the gravity of our experience in combat doesnt fit in nice little boxes.

My NOD was filed in March of 2009 and my Appeal hearing was in July of 2015, so that's a little more than 6 years. But after the hearing, it was less than three months from hearing to notification, and that was with six issues before the Judge.
hang in there Marine!
Semper Fi
 

Hey All!
 I received my Big, Brown, Dreaded envelope today and it was met with trepidation. I've had several issues whose claims had gone all the way back to July of 2008, and went to appeal in March of 2009. There they sat for years.
 I had my BVA hearing in Denver via teleconference with a VSO at the state level, and my wonderful wife on July 27, 2015 nearly seven years to the to the day of my original claims. The decision was reached on six claims and mailed to me on the 16th of October (which is less than three months from hearing to notification).
 I read that I had won three of my six claims at the BVA level, one remand (which in this case I think is good, I am supposed to get an SOC on how to increase from 0% to 20% and the judge it sounds like, believes I should be at 20% and not 0%),and two denials. One of my grants, it is for some back issues, which my rep said I should be rated for three separate issues. The other two issues, after nearly 7 1/2 years of fighting and waiting patiently, equal tens of thousands of dollars of back pay, which I think should come pretty much at any time, not including the pending back issues which are of the same original claim date.
Just wanted to let everyone know, thanks for your words of encouragement! I was ready to shrug my shoulders and say, "screw it," but most of you said to keep at it and I did, and it paid off! I had to hound my PCP a little bit for evidence and I had to have patience, but those of us who have hung in there and come out victorious know what it means to have that awesome feeling in the pit of our stomachs!
 I still have some battle to fight, but I now have some renewed vigor to meet those challenges head on! Thank you to all for your service to our country and to those of here on these boards. I know I'm not very active, but I hope to be here a little more to offer some encouragement! Keep fighting, as you owe it to yourself, to your family, and to your fellow veterans to not let the VA get away with their shenanigans!
Semper Fi,
Sgt. Wilky

Based off my recent PTSD exam, I'd say you and I have a long road of NOD's and BVA land...my doctor took almost zero interest in my issues and instead talked to me about ways to deal with them. "Thanks Doc," I wanted to say, "but I'm pretty sure all that information would come from the VHA side of things. How about you stick to what the DBQ says?"
Time to dig another fighting hole. At least this one will be farther up the beach than the last one. The VA is it's own worst enemy. I've fought through one BVA hearing and won decidedly; and now I'm a lot more keen on how those jerks play...
Semper Fi Andyman
Sgt. Wilky

That should not ever happen. I work for a government agency, and they too, find out a couple days in advance when the OIG shows up. It should never be announced.
I should say, I work as a contractor for a government agency...so I never actually am involved with an OIG (at least, not yet).

The highlighted, bolded, and underlined term in Vync's post is exactly what the BVA stated in my case and underhandedly chastised the VARO for not weighing in several of my claims. Let's all hope that the evidence will be "enough" for the VA to adjudicate fairly and precisely for Havalina's claim; and, that what Vync said about the the C&P doctors just trying to confirm responses is correct! (Wow, I must be pretty optimistic today. WTH is wrong with me?)

I have found Senator Bennett's help in other areas unrelated to veteran's issues to be extremely unhelpful. I certainly hope he shows a little more sophistication and initiative in his helping of Colorado's and our nation's veterans. Good for you for staying on top of it and fighting for what is right on your behalf.
Semper Fi,
Sgt. Wilky

Yes, congratulations!
I too was increased: from 30% to 60%, and am waiting for the back pay to arrive along with the increase. Please keep us posted on  your progress as it will be a great source of information for the rest of us waiting too!
Semper Fi,
Sgt. Wilky

Same here. I had a couple of claims where the doc said they could not opine either way without resorting to mere speculation. Won them via relative equipoise, but I did have a lot more evidence for than against and the VA C&P doc did not want to admit it.
Optimistic? Lol, that's good for a Monday!

My husband, also a Vet, recently had a BVA appeal for increased major depressive disorder and TDIU. The BVA granted the MDD increase to 70% from the initial rating through the entire rating period and remanded the TDIU back to the RO for consideration with the new MDD rating.
This increase to 70% for his MDD now puts him at 100% total rating and will be getting backpay to 2009. We know that it can take forever for the backpay to process, especially considering how large of a sum it will be so while we're hoping for it to be on the shorter side of time, we are not holding our breath.
Our question is this: could he start getting his increased monthly comp amount before the backpay hits or do they always process both at the same time so we'll likely either see the backpay first or at the same time?
 
Thanks!

The highlighted, bolded, and underlined term in Vync's post is exactly what the BVA stated in my case and underhandedly chastised the VARO for not weighing in several of my claims. Let's all hope that the evidence will be "enough" for the VA to adjudicate fairly and precisely for Havalina's claim; and, that what Vync said about the the C&P doctors just trying to confirm responses is correct! (Wow, I must be pretty optimistic today. WTH is wrong with me?)

I object to the VA billing my private insurance for anything.  I am 100% vet who has Housebound SMC.  I have at least five AO related diseases.  I don't see how they can even take my blood pressure without it involving my AO disabilities.  The money the VA may save by billing our private insurance they squander in bonuses or hiring people who do no work.  Recently my VAMC was outbid on two pieces of property by a university and by a community group.  The federal government allowed themselves to be outbid on property to be used to treat sick veterans because they made low ball offers.  I don't want the VA getting any money from me or my insurance.  The way vets are treated by the US government is criminal in my eyes.   They can take all the parades and monuments and just shove them.   Just give me a true cost of living increase that takes into account my loss of quality of life and pay me travel pay without the deductible.   If those cheap bastards would build a outpatient facility in my part of town I would not have to drive 40 miles round trip just to give blood.

Ha ha, you're an ebennies junkie!!!
Semper Fi.
Andyman
 

Congratulation on your discharge upgrade.
You have now every right to persure your MST..if you have already filed  you can check on your status. via IRIS
if you have not filed for MST do so ASAP.
You have every right to receive ALL your military benefit's and compensation 
 
Sorry for what happen to you  this kind of thing makes me sick!
Keep trying never give up!
 
..............Buck

Welcome to Hadit!
Congratulations in having your discharge upgraded to honorable! That is some seriously major progress. Stay strong and I wish you the best of luck in your claim!
The VA hospitals and clinics are not the only place you can seek counseling. MST and combat veterans can also seek free counseling from Vet Centers, which are located all over the country. It's a more casual atmosphere, free coffee, and no doctors walking around in white lab coats. They don't prescribe meds, but they provide an honorable service.