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retiredat44
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Posts posted by retiredat44
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it's not just pain, my heart is working very hard, like it is going to explode.. and I am either going to have a stroke or a heart attack.. don't get me wrong, if I can walk I will. but it becomes unbearable often.
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I have been thinking about getting like a golf cart for around my home..
I am also looking at getting a mobility scooter.
I am 100% disabled and have issues that are causing severe blood flow issues to my heart, and have had a heart attack and swelling legs when I walk or drive not far.
I am trying to figure out what to do. I try and walk as much as I can but suffer greatly. I vowed I would never go back to a wheel chair, but I can't fight it.
Do I just ask my primary care at the VA? about an electric scooter?
Thanx.
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BTW, I had to take it to higher lever review, the first bozo at the VA was totally cluelss. and not worth going into the absolutely stupid response I got back after waiting the first a couple of months. After that, al my response back for 6 more months went to the Higher Level non-sense. Also, they send you the denials for only one item at a time. if they had told me upfront al of the items in the denials, I would have sent the further evidence all at one time. Not peace meal stretching months and months of back and forth lies and non-sense. Again, dealing with nincompoops and va employees who live to deny. (sorry, but I am holding back so much after this b.s. since the 1990's !!)
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I had to file the CUE of mine, on my own. I filed online directly the Wisconsin VA claims office. I search the filing claims, and there is no CUE claim form. I filed it as any claim would be filed and wrote it as a CUE. Since the only feedback I got was the usual denial, to which I have rebutted each denial with solid evidence that they were wrong and I am right, with the copies of al VA correspondence evidence. I never got any feedback from them with any help at all. I wish I could have had professional, help. I did get some great help her eon Hadit, using a template. But, putting on a regular claim form is difficult, as the claim form, I believe is not right for a CUE. But, the VA doesn't care and expect you to use it the way it is. It doesn't allow you to present the CUE properly. Correct me if I am wrong. I just feel it is much harder to break the mold and present the CUE as CUE, their crappy form is formatted. Terrible for CUE. IMHO.
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I have a rep, but he stopped helping me after the last two very large payouts.. I really don't want to give the name, but he is very well known and highly regarded. in any case, I know I will win, they are just dragging it out through incompetence or on purpose or both. I also put in my claim that no one is helping, me as I am not going to have him get anything for not helping me on this claim. I guess that 'duty to assist' is still b.s. as they only try to deny. But believe me, they can't say they didn't know the 1151 dates and BVA grants and dates now, they now have more copies of my documents. Unless they didn't have them or couldn't find them, which I can't believe they didn't look. They somehow made up a date 5 years later than my grant date from the BVA. They really should be fired for doing this to vets. No Justice. Sorry, but they just make me angry and rant. I also am so sick now, I could never get through the lawyer help thing every again. They all had their chance to make a fortune off my hell. and they refused. All the hell I went through begging for help for decades and decades. Been going through hell since 1990. I do appreciate the thoughts and insights on how to get through this. At least I got it going, and my family will be here if I am gone.
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Update on my Cue:
so far with my CUE claims to fix the date of my 1151 grant, the grant said for the injury during surgery, from the surgery. The VA pulled date out of their ass, 5 years later than the surgery. I filed the CUE, at my rep said he would not help me with the CUE. They would send me a denial, saying I (they and my records) didn't have any evidence of the injury, The VA sent me that 6 weeks after original filing of the CUE. I immediately sent them the info of the place and date of the surgery. Then They said they didn't have any proof of any claims before 2012 (incident of injury the BVA granted to me was for (2008) 1151 claim. They also had no mention of it being a CUE and were treating as anew claim. Again, I immediately sent them back a copy of my old claims evidence from the VA going about to 1997 update in 2009 with the Necrotizing pancreatitis from the original Intestinal disease. PLus re-enforcing it is a CUE. As they were trying to say it was a regular claim. Even though I spelling out all of the CUE and requirements (which I met) in my CUE filings. Also they demanded I had claims during the Granted 1151 claim. The CUE as far as I know doesn't required you have claims during the time of an 1151 surgery grant. But, in any case, I did have claims before then. I meet every requirement and they keep trying the change the CUE to a claim and lie about dates. Either they lost my files, or lying or both. The latest denial was January 2023. I have since them sent them evince 2 times, and no response back yet. I looked online at my claims and it says they are reviewing my case. I don't trust the B.s. They put for us to read. They have been screwing me since last year on my CUE, finding ways to deny or delay. They are totally inept, incompetent crooks at the VA.
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it just occurred to me that those looking for hospital records from civilian hospitals, in the State of California, if you have not been a patient there for 7 years, they are no longer legally responsible to keep your records. You can go to their records and find out. THis may not still be the law, as I haven't looked into it in many years. Hope it helps someone.
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Thank you! without al of the help I could have not found all of this help anywhere else!
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I think you left out one thing about Mac, vs Windows. originally, Mac processor architecture were totally different from Windows OS architecture. One works better with running some types of software and machines than the other. Hence why the MAC software could not be flat out ran on a windows machine. Without code changes, and Vice Versa. Each is great in their own way.
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My claims was decided/finalized at the BVA level. And it has been a couple years, since the claims were settled. So, mine has to go to either where the bva office was, or the regional which then was moved to the BVA appeals for many years. In my case the BVA was out of Portland, Oregon. So, I believe the regional is not part of this, but please show me if I am wrong. This is why I hate trying to be my own legal rep. Everything contradicts every other thing. A mind F***. I am at least referencing the last decision made. I don't not believe this is re-opening a claim. Only a correction. Just the wording and where to send it. Thank you, I really do appreciate the help.
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Ok, so I have decided now or never as my health is still going downhill.
Looking at a cue, using some info from these forums reqarding examples of CUE's.
I put together the following draft :
(I wasn't sure about the including of all the paragraphs in the dating decision, so while P printed them all in that last letter of entitlements granted, I emphasized the one that is more to the point of the CUE.)
Veteran:
XXXXX XXXX
XXX-XX-XXXXLitigation Support Branch
Board of Veterans’ Appeals
P.O. Box 27063
Washington, DC 20038
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, Sand Diego, California.
Because of extreme serious health issues, Veteran (Myself was unable to file) until 2009 for the necrotizing Pancreatitis and of the related issues because of serious health and mobility issues. Also, My heath diagnosis changed from
one diagnosis to another during the 25 year constant changes in severity of the original conditions for which I suffered, starting from Active Duty, to the onset of total disability illnesses. All the way to present.Also, the 1151 claim (several claims included before this date) followed in 2012, after some legal counsel explaining my options during claims and appeals. I had no knowledge of my full rights, and taking many years of legal help searches and some representatives that were not fully qualified to represent my case.
I, XXX SSSSS, therefore, submit and ask a CUE on the effective date be changed according to the following Veterans Laws:
“clear and unmistakable error” (CUE)
Under 38 CFR §3.105
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 : “clear and unmistakable error” (CUE)
Under 38 CFR §3.105 - Effective Dates of Awards.=============
Department of Veterans Affairs Original Agency of JurisdictionRegional Office
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REQUEST FOR VA TO CUE ITSELF REGARDING PART OF THEIR 2019 DECISIONI 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 the first statement, " Evaluation of chronic necrotizing pancreatitis... " . on page 01 of the Rating Decision: November 3, 2020 decision :
“ Evaluation of chronic necrotizing pancreatitis, which is currently 60 percent, disabling, is increased to 100% effective July 24th, 2012. "
“ Evaluation of psychiatric disorder, to include an anxiety or depressive disorder, which is currently 30 percent disabling, is increased to 50% effective July 24th, 2012. "
“ Entitlement to special monthly compensation based on criteria being met is granted from July 24th, 2012. "
The veteran, XXXXX XXXXXX was totally and permanently disabled by his March 2008 Section 1151.
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 , November 2020, to my detriment as the claimant.
“clear and unmistakable error” (CUE)
Under 38 CFR §3.105Note:
No one is currently representing me, I am currently representing myself. As no one else has any claims (Legal and/or Monetary) to any claims of mine at this time.
note(1) My Wife (XXX XXXX) is legally my Caretaker, and is recognized as such by the VA.
XXXXXX XXXXXX
09-06-2022
=================thank you in advance for any help in writing this.
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not really going to get any more benefits,, the 1151 got me to another type of 100%, not the benefits. although I do have the full medical. I am wondering if anyone else has this issue and what happened.. even if the person didn't have the same medical issues as me.
I am working on the CUE for effective date change, in another forum thread.
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Ok, long story short, ever since I had a feeding tube through my skull, into my intestines in 2008, removed after 6 months, I have had sinus issues. I complained shortly after discharge about the problems, swelling, discharge, pain. Now they finally are taking me serious after all this time. The discharge pain, and other nasty symptoms got me another cat scan. Now they found growths or tumors. They have to look some more to decide what to do. I have had double and triple vision for a long while. (been seeing some strange things too) Intolerable suffering of the space behind my nose and face, sever numbness and pain, especially when I wake up every day. Apparently, the scans show it right at my eyes socket, and they haven't done the better scans yet. The discharge has been horrific, but I don't want to gross people out. Has anything here gone through anything like this? I have no clue if there is cancer yet. As I wait for another appointment.. Thanx.
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I was told by my rep that after I was awarded 100% they would no longer help me file any more claims. They shorted me several years and pulled a date out of their butts. I have the paperwork, but am unsure if it was purposely overlooked and seeing the rules for CUE's there must be new evidence. The evidence was when I went into the VA hospital in 2008 (for 6 months), but they started with 2012, and I never got a reason why. My Que would be to change the effective date from this out of the butt date or 2012, to the date of 100% from 2008. I spent to many years fighting got my life and my family, and let it go because I needed a professional's help. I am too sick to fight these people at the VA. I am really interested in watching claims and CUE's like yours. I know they only thing they can say is no. But I was really afraid they would have screwed me totally over if I had not waited until at least ten years went by with a 100% rating, so they could not screw me out of that. That took from 1997 and thousands of nightmares and illness, and totally disabled nightmares, plus 20 years of appeals, and the BVA 10 year long nightmare. So, I really don't want to go through all that again, I was originally given about 2-3 years to live, because of my illness. So, I will keep hashing this over, hoping an epiphany strikes on how to do this without the VA screwing me some more.
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On 7/20/2022 at 3:11 PM, Whodat said:
Get an IMO. Lol. That's what I have been reading here on Hadit. Strong IMO wins claims without a lawyer or remands. Lol.
not so much, they will fight your imo with one of their imo mills on retainer. They did with mine. It was a pure b.s one, they had the credentials but the imo was cookie cutter. So, they will not give up they will fight you to your death. I am not being sarcastic, I am telling you the truth of my experience plus what I learned over decades of their abuse.
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I am not saying anyone lies, but I don't believe they read the records... or they lie either way... in my case I have more than enough,, I know this looks liek I am being flppant about my records, but without stating again all the issues, llok at some of my medical records with the va... (I say some because, yes there are some more) photo of records attached (for those that don't know me.. sorry if you have already seen them)
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On 3/28/2021 at 6:57 AM, Berta said:
I am not going to put the name in public. I am sure he would not appreciate it. Yes, he said he would not help file the cue and date change, and nothing I can do about that. I wish had a better reason, but I cannot get a better answer.
i really don't want to ruin it, and also do not want the pressure of a fight on me in my current state. I would probably have a stroke from the b.s. they put me through... A doctor said I am currenty at high risk, so it is just not my imagination I can feel it. I knew the blood wasn't pumping correctly....
Here are all of your posts I could find:
https://community.hadit.com/search/?q=retiredat44&quick=1
Your VSO had suggested that you file for TDIU to get the 60 % SC higher so that a 100% P & T would garner your family more benfits
You have 100% SC under 1151- I do not know if it really is P & T as you first had told us-
100% 1151 plus the 60% SC gave you correctly ,SMC.
You said" . 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. "
What do you mean by a "paid rep" ( the Main vet orgs DAV, AL, VFW, VVA, etc) are not paid by any claimant.
Maybe your paid rep came to hadit to read my last response to you,in late 2020 or early 2021 here.
I hope someone can find it and opine on it.
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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.
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*** 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!
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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*******
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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, #####.
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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.
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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?
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23 hours ago, kanewnut said:
I just got TDIU P&T at the beginning of November. I got the deposit and looked on eBenefits. In the letters section I could print off the various letters. If you have already gotten a deposit for your P&T I would think you should be able to go to eBenefits and print off the letter. I just took mine this week to the tax office for my house.
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 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.
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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
The BVA is our friend
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
same here. BVA, the lower levels hate vets