
retiredat44
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Everything posted by retiredat44
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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 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 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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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.
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totally exhausted and sick almost al the time still. Sleeping a lot,, need sleep a lot. Can't see doctors,t he VA quit seeing us, along time ago and with this virus stuff, no help at all. My legs suffering in severe pain, and sometimes for weeks at a time I have to sleep with my feet touching the floor or else I can't sleep and scream in agony. PAD? I begged them to help with my legs. That seemed to have started when I was in a hospital bed most of a year unable to eat, and on a feeding tube, and unable to walk for one year. One year ago, in the summer, I had severe bronchitis and green slime filling my airways and puking green slime with high fever, the va refused to see me, and went to a local hospital where they took xrays and found bronchitis. With this virus the va basically told us to stay away and not go there.
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Go your your local E.R...Once your there have someone with you call your vamc or ask the office clerk to call them and let the VA know your at the E.R. the person they talk with at the VA with will give the ok or they will send a VA Ambulance to come pick you up and take you to the VAMC
So be sure you have your VAMC phone #
Due to this coronavirus pandemic this is all I know to tell you. if your taking all your medications and keep warm and drink water and try to eat something that you can eat.. that's about all I know you can do,?
,if you have a fever take fever reduce meds and maybe take a wet damp cloth and place on your face/for-head.
I am sorry to hear your sick.
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for now I am just regular sick,,, last summer was the summer of sever bronchitis, and they would not see me.. other people go on summer vacation... I spend it sick in bed... just saying the va will not help, and with the virus thing,, they won't help at all.... My legs are a little better,,, but if they go back to the pad suffering.... I don't know if my legs need some meds to stop the blood from clotting... or severe muscle cramps that keep me from not being able to sleep... just that the va should be helping us, and not keeping up away and refusing to help... why punish us because of the virus... next bad episode I will not have time to beg for help... I go down and feel like the va is punishing us vets... like we are suppose to not get sicker until the virus is gone... which is crazy...I hope they get my benefits finished so they can pay my daughter's schooling before I die... once I get too sick and die my family will not be able fight for the last 10% which would fix the problems of her school costs the va never paid... or maybe there are clogs in the legs which means something will come up and give me a stroke.... it gets very bad... and excruciating... at least I have not gotten that virus.... in a very small town away from the big cities.. Thanx for caring...I will get up and go outside,,, for a few minutes... I will get very tired and come back in pretty soon,,, cya later...
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