retiredat44
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Everything posted by retiredat44
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Requesting The Va To Call Cue On Itself
retiredat44 replied to Berta's question in VA Disability Compensation Benefits Claims Research Forum
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 hav -
Requesting The Va To Call Cue On Itself
retiredat44 replied to Berta's question in VA Disability Compensation Benefits Claims Research Forum
*** 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 wit -
COVID VACCINE FOR VETERANS?
retiredat44 replied to Buck52's topic in Medication – Prescription Drugs-Health Issues
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 co -
COVID VACCINE FOR VETERANS?
retiredat44 replied to Buck52's topic in Medication – Prescription Drugs-Health Issues
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? -
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 !
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Instead of posting questions in a blog you will get a lot of more responses if you post in one of the forums.
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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?
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Keep Fighting never give up
YOU SHOULD REQUEST to see a judge at the BVA, THERE YOU CAN TALK TO THEM TELL THEM YOUR STOREY AND ADD ANY NEW EVIDENCE YOU HAVE .
THESE VETERANS LAW JUDGES LISTEN TO US. (THESE HERINGS GIVE VETERANS A CHOICE RATHER OR NOT TO TRAVEL TO YOUR R.O. OR SIMPLY DO IT VIRTUAL WITHOUT HAVING TO TRAVEL.
BUT MOST OF ALL HAVE YOUR EVIDENCE READY EVIDENCE SPEAKS LOUD AT THE BVA...CHECK MY POST OUT ABOUT A VIDEO A LAW JUDGE MADE AND WHAT TO TO DO, WHAT TO BRING & WHO AND WHAT TO EXPECT AT YOUR BVA Hearing
THEY DO RECOMMEND YOU HAVE AN ATTORNEY OR VSO, OR A CERTIFIED ACCREDITED VA CLAIMS AGENT TO REPRESENT YOU..
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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.
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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...
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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 enve
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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
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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
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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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Hi, Regarding education benefits retroactive for my child. (retroactive 100% P&T after she had filled out all the VA education benefits forms with the va during her schooling before my appeal awards for 100% P&T). I am trying to figure out how to state my problem and not mess it up in explanation. Those that have had experience with this and navigated successfully I hope can figure it out. I was only at 50% VA disability (I was filing disagreements and permanently disabled, with SSDI, but not the 100% benefits for dependents) while my daughter went to scho
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Berta, I think of you and those that got hurt so bad by the VA, but there are no words... In a big way you have stuck it to them with helping so many thousands of vets and families who would have otherwise been screwed over more than they already have. I find the phrase 'Administrative Trickery' to maybe the best phrase for all vets. Unfortunately, many of the people at the VA seem to have any shame for the hell they cause on top of the disease and injuries. Anyways, your answers are always detailed, and provide lots of wisdom, if only my brain fog could let up so I could use the wisdom more e
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Forgive me If I should move this to the CUE section. Regarding a CUE for the date, I filed a claim for intestinal disease in 1997 was denied. Then the botched surgery on the pancreas 2008. I was to sick and then I could not get an appointment when I was able to go out into the world again, in 2009 I filed again, this time it was for the pancreas disease from the 2008 surgery. it was denied. In 2012, I gave up asking for a vso to write the 1151, after I learned about it, and wrote my own 1151 claim. It was denied. Then 2019, I got an IMO from the same clinic that worked on me in the hospit
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Berta, Regarding the 297 cases in three years of necrotizing pancreatitis, for your search info. The doctor, who is now a fugitive who was my GI doctor, told me that only working conditions or alcohol could cause the initial disease, before they cut they wrong tube. But, I was so very sick I didn't have the foresight to get him to write that in a letter. When I did reach out to him for a letter, that is when I got the shocking news he was a fugitive, then that VA GI clinic wrote my IMO. Hence the 1151 win. I can speculate, on a couple things, and I say speculate, I don't want anyone to say som
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yes, I thought the date is wrong as why 2012? My rep, said he thought it was better I didn't poke the bear... but the date is wrong, And I do see on the VA benefit form it is total and permanent. So, fine (My eyes keep glossing over this va stuff), but I don't understand the 2012 at all. I will try to bring it up with John who is my rep. I did try before he pulled the legal string to get this thing over the finish line. Unless someone else can explain doing a cue. I think even though I won, John is still my hired gun. As we still have a contract. So, I am not going to try anything on my own I
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I guess some of it isn't in the letters, but in my account on ebenefits va stuff,, it said more. Anyways, thank you all. I have to figure out how to get my daughters education payment stuff figured out, not sure if they will fix it, retroactively or we have to go through more red-tape, as they were given updates every time she applied for a school and got a degree. Unless they will get a computer flag saying it needs to be done. Which I doubt.
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I may have mistated the P&T. I am a little confused on why they chose 2012, when I filed for the pancreas in 2009, as I couldn't walk or do anything in 2008 when I was completely disabled and in a hospital bed 6 months.. The letter I downloaded says combined 100% with both service and non-service disabilities, but my paid gun said I would be getting p&T no more exams. Plus I got special compensation.
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Short note: It looks like I won, was told it is %100 P&T with special compensation added. I don't have the official letter yet, but I received my more retro deposited, and my hired gun says that what I got. I need to find out about the education payments retro for my daughter who got two MB's, and owes a lot $$$$$$. We always kept those forms filled out while she went to schools, so not sure when and how they will pay those, or the amount that the va pays for the disabled vets children's education. So, while I have many of the signs it is a done deal, I need to see it in stone. My hired gu
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I may have some very good news coming soon ! Until it is written in Stone, I can't say anything, and don't have much info yet.
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thanx,, but I would feel bad if I said something that did not pan out, I can say, I was a told by a very reliable source that my fight is coming to an end and on my side... I paid for expert help and they came through. it was a big chunk of $$ but worth every bit. But, until it is in stone,.... etc..etc... I would be able to spread some wisdom if it al works out,,, otherwise,,, it not worth much... I would be very happy to tell others some of what I learned, if it helps them. I hope I will be able to share the experience.
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I kept getting told no, they will not help me with tdiu, said I didn't qualify, this went on 20 years.. I filed 10 years ago, and they denied me, and still deny me, now they want a history of my last employer. That was in 1995. They no longer have that office, and I was a temp for that agency, because I was to sick for a regular job. The temp agency no longer uses offices and is mostly online, and so my POA just said write a statement that I was working for a temp agency that no longer has that office and is online, and that the company I did the work for was not my employer. The VA just kept
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I have retained John Dorle to represent me. I have spoken to him for a couple of years. I believe he can fix many of the issues I have been through with the VA, BVA, and getting my full benefits. I fired the VA claims reps. I am in the low 90's in my ratings and purely believe the VA stonewalled me at every turn. I have al confidence Mr. Dorle can bring it al home and I am happy to let him have everything he earns. It is an extreme hardship load off of me to have someone that is so good at this work for me. If I could have gotten him years ago I would have but I tried to find people and interview many, many legal people and no one came close to understanding, and they are were just greed and didn't have a grasp on how much I could win and was being stolen from me by the VA. I myself with a really bad mind and body won an 1151 by myself when no one else would help. Imagine what a pro could to. It maybe a while, bit worth the wait. I have waited decades already, plus if something happened to me, during this long fight, my family can continue getting the benefits the va withheld and stole.
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I am in an area of Oregon where there fires and evacuations. Right now I am good. No need to evacuate at this time at Level 1. Thank you all.
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yews, but the request for the reasoning is a nightmare, just getting the request to be takes, accepted, then the venue, then recorded officially... who makes al that happen? how? those are the questions us peons can't get through because they do not listen to us. Back to paying for a legal process to get answers.
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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 !
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First things first, you should have one of the elders or moderators move your post to one of the other post where more can see and comment. I got called for another C&P, I think it might be for the TDIU, I try to apply for so many times and was told no... I was too low a percentage (they said I had to be at least 70%), though I have been unemployable since 1990. Again your post is a little off. There is no set rating for a veteran to file and or be considered for unemployability.
4.16 Total disability ratings for compensation based on unemployability of the individual.
§ 4.16 Total disability ratings for compensation based on unemployability of the individual.
(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.
(Authority: 38 U.S.C. 501)
(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.
[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13, 2014]
Based on section B it states "but who fail to meet the percentage standards set forth in paragraph (a) of this section". So at any prior of time to your upcoming rating, VA should consider you for unemployability. We always say that evidence is key but we also have to did into the regulations and use it just like VA does.
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OK, so I went to the latest C&P exam, 3 days ago. The VA says they are going through my appeals and adding the pain I have been through, as pain is also suppose to be rated and added to your rating, so I brought in my medical records going back to t he 1980's showing the pain I have suffered from the injuries and diseases going al the way back and have been on morphine and narcotics for 40 years for severe pain. I brought in the medical records, even though they have had copies I submitted in the 1990's from outside hospitals that treated me and operated on me. So, I have a trail of constant medical care for both diagnosed and undiagnosed severe pain. If they rate me properly it should put me over the top, no problem. But, I don't trust them, even with the stacks of medical records, they will find a way to screw me, but I guess after a few months I will find out how they rate the undiagnosed and diagnosed pain. These are not just a few sheets of paper from the doctors, they are boxes of medical records showing al the exams, procedures, diagnoses, and medications. For decades. They also took my blood to check my liver for the C&P, since I have pancreatic disease.
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Great Job, I am in your corner. I will say that in the past VA has been very lazy and inept to review and comprehend most document. I am hoping that they are better at these processes now. You Know getting rid of all the dead heads and lazy folks. Just keep them on their toes and make sure if you don't get what you want try your best to get as close as you can.
