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retiredat44 last won the day on December 29 2019

retiredat44 had the most liked content!

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About retiredat44

  • Birthday 04/05/1956

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  • Military Rank
    E-4 SGT
  • Location
  • Interests
    Not able to pursue many interests at this time. My health prevents me from doing much. I wish I could go back to hiking, photography, etc..

Previous Fields

  • Service Connected Disability
  • Branch of Service
    Air Force
  • Hobby
    Combat Flight Simulators. WWII, Modern, and Helos.

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retiredat44's Achievements


Veteran (13/14)

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  1. I am still very thankful to al here at Hadit, as my fight for benefits probably and mps tliektly lik e99% of positive help was given to me to help get through this crooked nightmare of disability claims...


     hope that al those stil inthe fight for their benefits, and those new ones can get the help to win, get the  benfits they deserve and hope what people like me have written with our experiences. I ahve not been here a lot, I am still fighting for health and peace... the benefits with more money were great, but the fight left me very sick.... and I need more rest than is normal... and I don't travel...... I enjoy living out inthe countryside in peace and enjoy different seasons.... getting away fromthe large cities and not inthe fight withthe va has probably saved me from dying faster,, less stress... I would say to those that can go to a smal town, go out intot he countryside, get away fromthe craziness... IMHO

  2. have had community care for a while now.. just diagnosed with basal Cell Cancer. Tricare is a PIA, when it comes to getting the ok for appoinments.. the worst bean counters.... I had no clue until I used them.. oh well.. at least I can see docotro, someof the time,, they are stil behind of some of my issues... stil ldidn't cat scan my pancreatic and liver disease for 2 years.. were suppose to at least one per year.... as usual sick laying around the house... cya laterz...

    1. Hamslice



      I hear ya. 

      Tricare says they can't tell us where my wife can go for care until we sign up (she's 30 year Multiple Sclerosis) and she currently uses about $150,000.00 of healthcare a year.  So, we will keep our private Medicare advantage plan.  Can't take the chance.



    2. retiredat44


      so with community care, the doctors are willing but their hands are tied to get approvals from tri-care. Tri-care is just a bunch of bean counters that decide if you get care, or don't get care. Then I have had the call me several times rapid fire questionss about my appointments and confusing me, trying to make new appointments, changing my appointments, and treating me pretty bad... they call several times to make sure I am doing something, or not doing something, like they think everyone is a fraud and they double and triple check,,, they are not so nice... I have had screw up my appointments thinking I made other appoitments... They do not leave you alone they ride your ass. I do like being able to go to outside doctors, but they keep us a very short leash. I am not even sure if I should add the cancer to my claims, I have no open claims, but the stress the va causes is horrible.

      It is nice not being in the claims system at this stime,, but at the same time I was screwed and feel I should put it in jsut to show them they lied.

      I have not been reading the forums lately... and am thinking that with the covid virus, that the vets in claims are probably backed up for years while they blame covid for the delays with vets sick and disabled from all the years of service and injuries. I can't imagine it is getting any better, no matter who says they are fixing the va.

      I only have medicare part A, I never signed up for part B. I am 65, but have been on disability for 30 years. I don't trust them either. I was bombarded by the medicare sales people trying to get me to sign up. I just kept my VA and went to Tri-care last year. I think if you live along distance from the va hsopitals, then it is nice going to a local hosptial, clinic. The VA told me I was on a waiting list for 8 years and I am number 800 on the waiting list for a doctors at a clinic 20 miles from me., I signed up for that local va clinic in 2013, Salem Oregon (being number 800 onthe list of course, I didn't know I was #800 until someone told me 5 years after I kept asking and was never told about the list until a coupl eyears ago, the va would jsut tel me they did not have enough doctors). That is another reason why I went to Tri-care. Also, I am scared of them screwing up and sending me the bills. I had that happen inthe past with the va, them not paying bills.

      Those that have to have care for serious health problems, like your wife, I am so many others, Each region and hsoptial has their own politics. You would think they would be the same,but they are all different. Take care, I have to go rest...

  3. have had community care for a while now.. just diagnosed with basal Cell Cancer. Tricare is a PIA, when it comes to getting the ok for appoinments.. the worst bean counters.... I had no clue until I used them.. oh well.. at least I can see docotro, someof the time,, they are stil behind of some of my issues... stil ldidn't cat scan my pancreatic and liver disease for 2 years.. were suppose to at least one per year.... as usual sick laying around the house... cya laterz...

    1. retiredat44


      with my community care, they are taking care of my checkups and tests, have not fully switched, am afraid of soemthing getting screwed up... Tricare is terrible for getting apointments ok'd, as they wil call asking questions and confusing with the way they ask questions.. they also wil put the wrong times, and get phone rmeonders witht the wrong times...... plus they constantly nag about the appointments,,,

  4. I know it has been a long while. I just wanted to make this part clear. My paid rep said he would no longer help file for me. I am on my own. I could no longer get any reason why he wil not file. if I file I am on my own. I have the papers. I filed in 2009 for the Necrotizing Pancreatitis. I have the papers. They said the VA said they would only go back to 2012. I am afraid they might find a way to screw me over if I filed. I am also afraid the pressure of the fight my give me a stroke. Yes, I know it sounds nuts, but I really feel sick and every little bit of aggravation hurts. Bad. Now I have to worry that if I die before 10 years is up on my rating, my family will not get the benefits. I have to live until at least June 12, 2022 to make it 10 years. I know I sound paranoid, but often I feel really sick. Besides just sick every day. The VA really knows how to torture the sick. ANWAYS, THANX FOR THE ADVICE. sORRY I do not stick around and I disappear for long stretches. I am spending more time just surviving. Now I was approved for community care, first appointment coming up next week. The VA stil says I casnnot get an primary doctor close to me, and they offered community care and I accepted. It is a local hsoptial 100 miles closer to my home. Also, since this pandemic, they stopepd doing al my tests and care I was receiving and was told I needed every year. I hope they help me, as I get worse, with mor echest pains, and legs pains, I often have to sleep with my leggs on the floor and my body in bed, 1/2 and 1/2. The pain is too much and horrible very often. My primary care doctor at the VA retired, and they tried to give me to a doctor who was very bad. The local hospital treats me good. I hope they don't scre me around. Pain meds, etc.
  5. *** Please, those that may understand CUE's, the VA, the VA legal system, etc..etc..., and anything to do with effective dates, and I understand the info I may receive is opinions, not legal advice..... (myself recognizing that my asking what other people think about submitting a CUE, and opinions on what I am drafting, which I may or may not use, submit,, is very undecided, as I am a little worried I could make problems that could be irreversible, due to my lack of legal knowledge.) If I took part of this CUE info, and changed a few items as as a template for my use... I come up with something like this, very rough draft... Thank you all... I appreciate your insights! ================ Veteran: ######## ######## ###-##-#### Claims and Appeals regarding Necrotizing Pancreatitis and U.S.C. 1151 benefits dated 2012. Actual VA 1151 injuries occurred at the VA Hospital that Veteran was an inpatient from March 2008, to approximately late July 2008, with additional home care nursing that followed appointed to the Veteran by the VA. Injuries occurred March 2008 during Pancreas procedures and hospitalizations at VA Hospital, La Jolla, San Diego, California. Because of extreme serious health issues, Veteran (Myself was unable to file) until 2009 for the necrotizing Pancreatitis and other related issues because of serious health and mobility issues. Also, the 1151 claim followed in 2012, after some legal counsel explaining my options during claims and appeals. I, #######, therefore, submit and ask a CUE on the effective date be changed according to the following Veterans Laws: https://law.onecle.com/uscode/38/5110.html 38 USC 5110 - Effective Dates of Awards (a) Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. (b)(1) The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran's discharge or release if application therefor is received within one year from such date of discharge or release. (2)(A) The effective date of an award of disability compensation to a veteran who submits an application therefor that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal shall be fixed in accordance with the facts found, but shall not be earlier than the date that is one year before the date of receipt of the application. (B) For purposes of this paragraph, an original claim is an initial claim filed by a veteran for disability compensation. (C) This paragraph shall take effect on the date that is one year after the date of the enactment of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act. (3) The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date. (4)(A) The effective date of an award of disability pension to a veteran described in subparagraph (B) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran. (B) A veteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled. (c) The effective date of an award of disability compensation by reason of section 1151 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date. Included are the copies of submitted Documents and received (by the VARO, BVA, and all parties). Dates of related documents regarding medical evidence, issues, dates, places. Copies of claims, appeals, showing dates of filings and received by, and dated. To reiterate: Veteran is asking for CUE for the effective date to match the date of injuries, the date of filing claims for those injuries and illnesses. And not just to the date of filing the CUE as : 38 USC 5110 - Effective Dates of Awards. ============= Department of Veterans Affairs Original Agency of Jurisdiction *** Regional Office TBD******* =============== REQUEST FOR VA TO CUE ITSELF REGARDING PART OF THEIR 2019/2020 DECISIONs. I respectfully request the VA to call a clear and unmistakable error on part of the above 2020 decision from the Portland Oregon VARO/BVA and to correct it. The VA's CUE lies within this statement on page ## of the December 2019 decision : “ Entitlement to accrued benefits or 1151 incident under 38 USC 1151 is granted with an evaluation of 100 percent effective from: ***Date. Exhibit A (attached decisions, dates, and documents with the dates of actions by the VA Medical Staff. ***wording to be determined before final draft.) That the effective date used was wrong based on all evidence in VA's possession at the time of the BVA award. The veteran, ###### ######## was totally and permanently disabled by this March 2008 Section 1151 _________ **** not yet sure of the wording to use, if any. The VA's failure (CUE) to consider and evaluate the evidence VA had in their possession manifestly altered the outcome of the decision referred to above , December 2019, to my detriment as the claimant. CUE regulations are found within 38 USC, #####. ==========================
  6. update,,, while at the va, had to take a pee test, I no longer have a va doctor, my va doctor retired, the clinic made me take a pee test,, anyways, while there at that va clinic, they signed me up for my vaccine shots,,, so, in the coming weeks I will get two shots... even though I will not turn 65 until April of this year, the nurse gave me the appointments for the shots this month. it will help my anxieties. I am scared of the hell I will go through if I get sick from the covid. A friend I grew up with, his wife got covid a while back and was so sick they put her in an induced coma for a couple weeks or more.
  7. so no more news on when we get a vaccine shot? I am 64, will be 65 in a 3 months. Pancreas and liver disease, Guillen Barre, and much more. No vaccine shots, no letters,... I came here hope someone would know. I know people in other states who got there a while back. In Oregon, nada... is it me or is the gov all screwed up?
  8. I was having problems searching for my posts, and my posts regarding CUE's. The servers was not working. I see there are templates listed in search, but having had time. I wanted to see if my case would fit a template. I will come back in a day or two and see if this servers works better. It would be great if a template was here to help !

  9. I am resting,,, sick, but ok.... paid some bills, taking care of things at home. Play on computer, walk the dog. Take morphine for continuous pain. I hope everyone is ok. Not sure if I want to continue the war the va put me in. It is too much...  I found out a lot of things they weaseled out of through 'Administrative Trickery' coined by a woman who does legal stuff fighting the va. I am not sure of who knows about this stuff hidden you do not find out until they pull it out and beat you down with it. Like hidden clauses, where you think you won, but they put clauses that basically say if you won by this method you do not qualify for these benefits. So, basically an 1151 win is not a full win, they withhold lots of key benefits. Who knew? Who knew they can deny a date you file and use some trick language that says that date is not going to be used. Yes, they did that, they cut several years out of my filing dates. Yes I have the stamped papers that clearly shows the filing dates. The list goes on, but the cost maybe my death from the hell it causes on a sick person with the va beating you down. I am at a crossroads, with just fading away with some level of peace, or trying to continue to get wrongs righted. Those that have yet to get through the war, be warned they have a large bag of tricks they do not let anyone see until they hit you hard. After all, it is the way of life in those building to screw over the claims. Are they on commission?

    1. Buck52


      Keep Fighting   never give up





    2. retiredat44


      My paid legal rep says he wouldn't try any more. I am not sure why, as the filing were clearly received on dated several years before the date they gave me for the start of benefits. I filed in 2009 (I was in the hospital 6 months of 2008, too sick and could not go anywhere, in bed or wheelchair the rest of 2008, then my DVA rep left his job and I could not get help with my claims until  2009, but they started the benefits date in 2012. I left off in a conversation here about a possible 'CUE' to get the date changed to when I fist refiled in 2009. But my legal rep (whom gets 20 percent of anything I win) says he 'would not continue with pursing the date change in benefits, but I can do it on my own'.

      I know I can send it to the va, but as far as I know it was all closed and settled with the BVA when I accepted and did the deal he made with the va. of course I took the deal 100%, but the date of the start of benefits should be when I first filed. I do not know my rep would not continue, I am confused. I can no longer fight this stuff. I really am going downhill with the ability to think and fight the va. I am not even sure which part of the va I would send a cue or fight the date they yanked out of the air. I know this sounds paranoid, but I am kind of afraid they might find a way to screw me if I continue the fight. That is the state of mind I am left in. I need to go rest, I woke up sick, at 4 a.m. Anyways, thank you for the support. On a day when I can think better, I might try to figure out  what to do.

  10. I can print letters, no problem, but they do not say p&t...... I am trying to figure out where they say it, or if they say no further exams... etc.... but like I said, they are still not closed,,, someone is still working on things and so things are still open. I don't understand what those things are.... back fill? that is one of them there are a few more...
  11. I am starting to work on the benefits and when I send forms to people, they say they need one that says I have P&T. Then I go to the va account pages, ebenefits and vahealth websites with my account, they are all buggered and say they are in the process of completing my claims files, and not finished with ratings. I could swear I saw they had finished then I see that they are not finished. Plus, with the virus, they closed everything and non of the va employees have access to the va computers and are working from home. The whole thing is a huge mess! I guess I have to wait for another envelope from the va,, an award letter? I guess the ratings letter is just not finished. I guess They are confusing me. I wish they could just send us a letter telling us they are finished, not finished, or if I am to expect another letter. I guess everyone that has VA benefits and is in the middle or end of something is being screwed around while the va blames the virus for them not being forthright with information. What a mess. I thought I was fished and could rest. I was trying to get the benefits letter and forms to my daughter and wife so they can get their business done. Now, I am stuck until This is cleared up. And everyone who comes to these forums is probably have to deal with the va offices closing and info not complete. veterans can only call their offices, and leave messages and business is left unfinished, until they decide they can work again. I was hoping I could figure it out and print the form that shows P&T, but apparently it is not completed yet, not updated by the va, as they are not working in their offices because of the virus. Maybe we will have the vaccines ready soon and then they can go back to work. Is there another letter coming, a new awards letter coming? Another rating letter with updates? Is it just me, or does this happen more often? Is 100% good enough for the benefits? or do they have to say P&T? I am going to stop pestering everyone and wait. I guess I expected it to be all finished when they sent me the latest rating letter. I guess I was wrong, and started trying to work on the benefits before they had really finished. Me so confused. Oh well, I hope all of your get some quality time away from all the va stuff and do what you want for Thanksgiving. I just want and need peace and quiet. My daughter is coming up to see us on Xmas. So, just going to be quiet here.
  12. looks like they are still not done.... in the reviews for my final rating.... my rep told me it was P&T 100% and I have special
  13. now I can't find any of my letters that says permanent and total. I know I saw it before, but they also say they are not finished and and backfilling, etc... it never ends... **sigh** I looks al over my accounts in ebenefits and my myhealthVet both, and they say they are working on more evidence to finish the claims,,,, other ones said they were finished.. The letters to download
  14. she is done with school, it's all retro now... from 2012 to 2020. The damned va will not answer the phones here.... thanx.. I will tell my daughter which forms.. I already sent her a bunch of links...
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