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godelocs

Third Class Petty Officers
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Everything posted by godelocs

  1. You need to write a statement to support your claim for each condition you are claiming. Whether it was diagnosed in the military may not matter completely. Example, if you know you went to the doctor while on active duty due to a consistent cough that would not go away or because of any other symptoms that could have been due to COPD, then state what those symptoms were. State what the doctor said. What medication was given to you. How long has it lasted and that you still have the problem now. For your knee and your back, state what you were doing when you first hurt your knee and your back. You were jumping on and off of trucks unloading equipment or supplies and you either hurt your knee and back or over time your knee and back began to hurt and it still continues to hurt now. Request an exam if they need further verification from a VA doctor. Make them understand that these disabilities exist and how exactly they began.
  2. I'm sure other's will chime in, but I just wanted to give you a quick answer so you won't be worrying too much. The conditions that were deferred were probably deferred due to not enough evidence. Sometimes even if there is enough evidence they will prefer for an evaluation to be done by your local VA or some other doctor that VA sends you to. This has probably already been done if you've already had C&P exams. If you've just received these letters, just give it a little time and see if you hear anything else from them. If you don't receive anything in 14-30 days, give VA a call and ask if there is anything that you can do to help speed the process along. You do want to allow them the time to get to your deferments, but you don't want to be forgotten about either. Be courteous if you call. You will get so much more accomplished if you aren't ranting and raving. Definitely, contact a representative from a veterans organization to get help if you don't feel comfortable doing things yourself. Putting things in writing is always the best way to go. You could write a short letter/memo asking if there is anything you can do on your end to expedite the process. I see that some things were rated 0-10%. Read the description below the rating to see why it was rated that number and what is necessary for it to be higher. If you feel that it should be higher and you have the medical evidence to show, you can put in for increases whenever you feel like it within one year. If you disagree with the current ratings please file a NOD stating why. There is a form you must use for that. In the meantime continue with doctors appointments to keep your conditions/disabilities up to date. I hope this helps until someone else chimes in. Be blessed. Good luck.
  3. Is anyone else having a peoblem opening the link above?
  4. Another important fact to know, but often doesn't get mentioned is this. If you receive separation with severance pay please know that when you get out and go to VA to file your claim. Whatever your rating is, the VA will first take back the total amount of your severance pay minus the taxes. I make this point to let you know that should you receive a severance pay, do not spend it all at one time. You will not receive a dime of your disability claim award until they have collected all that money. They will hold your disability claim rating funds to pay back the money that you were given for severance pay. That's just some good information for you to have. I've seen many veterans run into this problem and the become very disappointed because it could take years for the VA to collect all that money back.
  5. What about filing requesting a DRO? I've been hearing a lot about this being a first step.
  6. Sounds like a lot of extra work for the eaters to me. I'm thinking they probably don't use it much.
  7. It is my understanding that if you have a claim already submitted and add more evidence, it will just be added to your existing claim. I don't think you have anything to worry about. I'm sure other's will chime in.
  8. Reading these posts in regard to how bad VSO's are in various service organizations could almost make me not want to help veterans at all. The only reason I will continue is because I actually do love what I do. Truth be told, as with anything you have your good and your bad. I don't know how all veterans organizations work but I know that as a member of the AL, I am also the VSO for my Post. I started two years ago and have been working hot and heavy. We are strictly a non profit organization and the work that the service officer does is all volunteer. There is absolutely no money that changes hands for any claim that I do to help a veteran. I use my money to purchase folders, envelops, send off claims using return receipt, and that's just a small portion of what I do. After last year I have decided to cut back because I was literally working and helping veterans with claims everyday. I finally had to tell myself that if this was a "real" job, I would have regular hours. I would be working a regular 9-5, and I would not be working on the weekends and holidays. However; I got calls at all times. Mostly from veterans who would call in the evening when they are getting off work. This after I had been working on cases all during the day. I got calls on holidays to include Christmas and New Year's Eve. If that was a regular job, people would know automatically that there was no need to call because most business are closed. It can become very overwhelming. It's always a learning experience because the rules change so fast that it's a job to even stay up to date on the changes that come down overnight. Everyone thinks their case is the most important but you have to put things into perspective. In the midst of assisting one veteran on an initial claim, I have veterans needing assistance on requesting increases or filing NOD's. I have to explain at times that it will be some time before I can help them with theirs because I have Vietnam Veterans who are not receiving anything. When you take longer than someone feels that you should, they get disgruntled and talk badly about the organization. This makes VSO's not want to even help outsiders. For me it would be much easier to only assist veterans who belong to my Post. At least, that would keep them happy. One person can only do so much. You must also remember that just as you have issues and disabilities, 9x out of 10 your VSO also has disabilities and is trying to work around them to help you. Concentration is an issue for me, but when I'm on a case and focused, I am really good. Then again, there are days when I just can't get focused enough to get anything done. I do it because I love helping others. It gives me a sense of being useful in spite of my disabilities. I have a thirst for knowledge when it comes to the claims process. I spend hours researching and I won't send a claim in unless I feel that I have done all that I can in order to make the claim a successful go the first go around. As we said in the Army. One shot, one kill. That's my goal. I know I cannot save the world and now I know that I would kill myself if I tried. Remember VSO's are human too. If your representative takes longer than you think they should, get to work for yourself. You must help them, help you. Thanks for listening.
  9. Is there a specific form which should be used to file for SMC higher than K? If a veteran meets the criteria for s or r how does the veteran go about requesting consideration for receiving the SMC. Are there any tips for do's and don'ts when filing for SMC?
  10. Thank you hadit. So much valuable information is found here. I couldn't have done many claims without you all.
  11. The veteran can do a lay statement for him/her self. If the VA cannot find a veterans records and the veteran cannot find them, the VA must give the veteran the benefit of the doubt. For each condition being claimed the veteran must in his/her own words describe when (as best they can remember), where they were, what they were doing, that made the condition appear or happen. How it affected them then and how it affects them now. It may be typed up on VA Form 21-4138 (Statement to Support a Claim), or on a regular sheet of paper. Make sure to type all information pertaining to the veteran at the top of the sheet. For example, veterans full name, birth-date, SSN, address and phone number. Add to the packet all medical documentation that supports the claim such as current medical documentation. The veteran's spouse may also do a statement in support of his claim.
  12. Hi and welcome to hadit. You're in the right place to receive some outstanding information from those who have been there in some way or another. Be honest at your appt. You want the rating that your condition deserves. If your records speak for themselves then you need to speak for yourself. Others will chime in. Good luck and God bless.
  13. It is my personal opinion that she hit the nail on the head. Her NEXUS seems to cover all basis and leave no room for any questions. The fact that she threw in there that although the GAF score is no longer used, but your score would have been 30 is priceless. I think this is good for your case. Others will weigh in, I just wanted to post my thoughts to help ease your mind. Good luck and God bless.
  14. Asknod, thanks for the information. It helps a lot. It lets me know there is no need in me going after a dead end with the unemployability just yet. Instead, I will go with trying for a rate increase on those low ball ratings that were given. I will add a few more documents to the claim and make note of how long the issues have been ongoing. I will also direct attention to the fact that the veteran is receiving Social Security Disability and see if that helps.
  15. Asknod, thanks for the information. It helps a lot. It lets me know there is no need in me going after a dead end with the unemployability just yet. Instead, I will go with trying for a rate increase on those low ball ratings that were given. I will add a few more documents to the claim and make note of how long the issues have been ongoing. I will also direct attention to the fact that the veteran is receiving Social Security Disability and see if that helps.
  16. Hi Hadit. I am working on getting some ratings raised from a case that was just decided and rated on Sept. 16, 2015. According to my understanding, if we do a NOD I would need to send in new evidence which was not included in the original claim. What if I feel that they obviously did not look at the original evidence sent in? I believe that if they had looked at the original evidence the ratings would have been higher. The veteran's highest rating is 30%, but his total adds up to 90%. Based on what I have read if we wanted to make a request for increased compensation based on unemployability, at least one of his ratings would have to be at 40%. The veteran has not worked since 2010 due to his conditions. There was a statement written by his doctor (who worked at the VA hospital) stating in his opinion the veteran could no longer work because of his conditions. This statement was written in 2006. His condition has gotten much worse since that time. That statement was sent in with the original evidence for the claim. Of, course VA sent him for a C&P exam. I'm thinking that the write up from his C&P exam must have not supported that fact. The veteran has been receiving Social Security Disability since 2010. Your opinions are needed. Thanks in advance.
  17. Asknod, the veteran has not received anything from VA yet. The claim has just been rated at 90%, which was great for a first look with no military medical records. The veteran and his spouse are just very disappointed that they have to pay that severance pay back. They understand it but wish there were a way to pay it back over time. If they were able to receive some of the compensation money that would be great. I will look further into the waivers to see whats possible. Now, killemall if what you say works that way, then maybe, just maybe that will be a good thing. If the veterans current rating is 90 and his compensation would be 1825. if he were receiving it. That may mean that if he gets 100 %, his pay would be over 3000.. If they continue to take only the compensation that was awarded from the begining, then he would at least receive the difference of that amount.
  18. First I would like to thank you all for all the input you have given during my time on hadit. You have been my go to whenever I've had questions on claims that I work on. I can always get answers fast because you know that time is very important. That being said, I have completed a claim for a veteran who had absolutely no military service medical records. I did his claim based on the rule of the VA giving the veteran the benefit of the doubt because they could not find his service medical records. I typed up the veteran's statement to support his claim, a statement from his wife, sent in pertinent medical records to support the claim, and waited. The veteran received a letter from VA stating that more evidence was needed in order to make a decision. I responded back with the fact that all medical records necessary to support his claim had all been sent in with the original claim. I asked VA to refer to the records which had been sent and if more evidence was needed to please schedule C&P exams for the veteran and move forward with his claim. The claim was submitted as a FDC and was received by VA the end of March 2015. E-Benefits has shown that the decision has been made and a rating of 90% has been given. The veteran received a lot of low ball ratings but they did total 90%. Not mad about that. We are now waiting on the Statement of the Claim to come in. At that time I will review it to see where the ratings could have been different. The downside to this is that the veteran had received a lump sum when he separated from the service and that has to be paid back. VA will keep all the money until the total is paid in full. The veteran and his wife are already living pay check to paycheck so this was a huge blow. I have explained to them that the mere fact of being service related and at 90% at that is a huge victory. There are many benefits that come with that alone. Does anyone know of any programs out there to assist a veteran who has a hardship to assist with paying that debt? I know it's a long shot but I am trying to make sure I check out all sources available. Again, thank you all so much for all you do to help our veterans.
  19. By filing the intent to file within the one year you should be good as far as being paid from the time you got out of service. If I were you I would make sure to list the conditions you plan to file for on your intent to file. That way those conditions will still hopefully be easily service connected because you stated those issues before the one year mark. As long as you have all if your medical records there is probably no reason you can't be ready to file an FDC. It will take longer if you have to wait for VA to request those medical records, especially if there are any from private doctors. If you have them, send them with your FDC. Get everything together now. The hardest part is getting started. Decide your approach and move forward. You will be surprised at how things flow. Take it step by step and ask questions as you go. Just make sure you ask questions with each step to stay on track. More Hadit members will chime in. This is only my opinion. Hope it helps.
  20. That's an awesome idea. It would definitely help. I know as for myself, sometimes I need to type up a memo or letter but don't know where to start. Once I buckle down and start it, the end result is pretty good. Sometimes though to takes a little time to get myself focused enough to get it done. Letters that others have done would really come in handy at those times. I can also add any that I have done in hopes that it can help someone else get started. Thanks.
  21. Hi all. This may be in the wrong forum but since Gaston mentioned it I have a question. If a claim has been submited using the 526EZ does another form "Intent to File a Claim" need to be officially submitted? If a claim has been submitted with all documentation wouldn't that mean that you are officially filing a claim? I feel like VA keeps coming up with new things to confuse veterans.
  22. Hi Hadit members. Is there a phone number to call the intake centers? The only numbers posted connect to fax machines. I am assisting a veteran. I sent all documentation in as a FDC to the Roanoke office before the change occurred. They have scanned all documents but have scanned them to the wrong folder. Now they are saying they don't have the documents. I have sent them a letter directing them to look in the Unsolicited Documents folder, which is where all those documents are located on ebenefits. My question is, should I now send the complete claim again and this time send it to the Newnan, GA Intake Center. I don't want to confuse them any more than they already are. Thanks for any advice.
  23. I am so glad that I found this again. I knew I had seen it, but when I needed it, I couldn't figure out how to locate it again. This is really good information. Below is a post that I posted yesterday. My main question is, do I send all correspondence to the intake center as well? With so many changes going on at the VA it is getting harder and harder to keep up with things. I am assisting a veteran with his claim and need to submit a letter informing VA that all documentation has been submitted along with the FDC VA Form 526EZ. When the claim was sent in to VA it was sent to the Ronoake Regional Office. Today when I went online to what was the Roanoke Regional Office I find that it is now referred to as the Roanoke Loan Office. I called the number to verify and the message says it is the Roanoke Regional Loan Office and if you need to apply for a home loan it is the right office, however they were closed at the time. I know there was a posting a couple of weeks ago stating that the offices are being combined. Does anyone know how I can find the office that I need to send this letter to? I am in the state of Virginia. Thank you for any information you may be able to provide. This is all so nerve wrecking. Thank God for HadIt.
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