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retiredat44

Senior Chief Petty Officer
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retiredat44 last won the day on December 29 2019

retiredat44 had the most liked content!

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71 Excellent

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About retiredat44

  • Rank
    E-8 Senior Chief Petty Officer
  • Birthday 04/05/1956

Contact Methods

  • Website URL
    https://www.facebook.com/steven.scott.3110
  • ICQ
    0

Profile Information

  • Military Rank
    E-4 SGT
  • Location
    Oregon
  • 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
    60%
  • Branch of Service
    Air Force
  • Hobby
    Combat Flight Simulators. WWII, Modern, and Helos.

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Single Status Update

See all updates by retiredat44

  1. The VA/BVA claims, appeals created a big problem. I was diagnosed when I was Hospitalized for 6 months 2008 in the San Diego VA Hospital for Necrotizing Pancreatitis. During the BVA appeals, someone changed some of the wording from 'Necrotizing Pancreatitis', to 'Chronic Pancreatitis'. I need that corrected as they make a lot of decisions on diagnosis and medical issues. I am awaiting for the word from the BVA through my VA representative who worked my BVA case for me.

    In Oregon they have VA representatives when you choose representation, like when you can choose a POA through the DAV, American Legion, or the VA has them too. I had no choice, a few years ago I needed help and they were the only help I could find. Now the BVA has only approved and given me the 1151 claim and denied the rest. The only claim left is TDIU, which no one would help me with because up until late last year I was only 60% (I have been un employable and totally disabled from 1995). Now I am at 90%. (it took until 2019 for the BVA to get it changed to 90%) But they low balled me badly, and I believe it is not only bad decisions at the BVA, but also because they wrote down the wrong disease in the decisions.

    I cannot move on to the next POA, until the BVA has said they are finished with my claims (so my VA representative can be let go because the BVA appeals are finished), and I believe that the next step will have to be an NOD for the BVA decisions that used the wrong term, diagnosis. And that will be corrected with help by a paid POA I have retained (highly respected professional who is going to be my POA as soon as I can fire my current POA), but they cannot help me until the other POA is no longer my POA. I am awaiting word that all decisions have been made up until this point, by the BVA, so I can bring in some very good help with my appeals. Note: I have never before appealed BVA decisions before. From this point on it is new to me. Getting these bungled screwed up mistakes corrected. I don't understand how they can get away with doing this stuff !

    1. pacmanx1

      pacmanx1

      (IMHO) you don't need to get your records changed or the wording. Look up Clemons vs Shinseki, 23 Vet. App. 1, 5 (2009) I will post it and you can research it and tell me what you think. BVA is getting a lot better with their decisions. If your claim is denied at BVA you can then hire an attorney to file a claim at CAVC where you do not have to pay and they will fight your claim.

      in accordance with "Clemons V. Shinseki, 23 Vet. App. 1, 5 (2009)" (when determining scope of a claim, Secretary must consider the claimant’s description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim”). Clemons concerned VA's failure to consider a claim of entitlement to benefits for a disorder other than the one specifically claimed, even though it shared the symptomatology for which the Veteran was benefits.  The Clemons Court found that, where a Veteran's claim identifies a condition, without more, it cannot be a claim limited only to that diagnosis, rather must be considered a claim for any disability that reasonably may be encompassed by the evidence of record.  The Clemons Court indicated that, when a claimant makes a claim, he is seeking benefits for symptoms regardless of how those symptoms are diagnosed or labeled.

       

       

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