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Master Chief Petty Officer
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Vync last won the day on June 30

Vync had the most liked content!

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About Vync

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    E-9 Master Chief Petty Officer
  • Birthday October 15

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  • Military Rank
  • Location
    Ft.Living Room, AL
  • Interests
    Family, fishing, movies, video games, gardening, hot rods, computer programming, electronics, music

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  • Service Connected Disability
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  1. They transferred me last week. I asked the agent the name of their department where they worked. They said, "The Dayton Ohio Call Center." I started laughing. Some dude just decided to get rid of me.
  2. Wasn't there a ruling within the past couple of years that said because the doc is a specialist does not mean their opinion carries more weight? Something about having to review all of the evidence> I'm probably wrong because my memory doesn't work like it used to.
  3. @Monching53 you might want to contact the Job Accommodation Network (i.e. https://askjan.org). They have a toll-free hotline where you can call and ask questions and get information and guidance. Keep in mind they are not an enforcement agency. That's the EEOC and those folks often take months or years to look into things (yes, worse than the VA).
  4. I agree with @USMC_VET that IMOs can make a difference if the medical rationale is solid. To deny, the preponderance of the evidence must be against the claim.
  5. @RBrogen It sounds like you might be dealing with two issues here. 1. Your c-file and any document authored by the VA is considered part of the record -- even if the documentation is not present before the person at the VA who makes the decision on your claim. I have a HLR/CUE idling at the VA for this. My C&P doc performed an exam, but misplaced the results. I was brought back a couple of weeks later for a second exam with the same doc and was granted 10%. Years later, I got my claims folder and found the original exam notes. I also found a radiologist report that they completely overlooked, so it's kind of a one - two punch. If successful, my initial rating will be increased to 20% or 30% depending on how they read the evidence. 2. The VA says when we file a claim, we must identify the benefit that is sought. My initial C&P exams from 20+ years ago included diagnosis of other issues, but the VA only made decisions on the specific things I claimed. They didn't bother to even consider if the additional diagnosis' were considered to be a secondary. It's a case of the VA doing as little as possible just to get the paperwork off their desk.
  6. @RBrogen You and I are both in the same boat and this is getting old really fast, but in my case the VA did concede CUE involving a pre-existing condition. I'm still waiting for the VA to process my HLR addressing how they mishandled my other CUE denial. For CUE , M21-1 says the VA must use the long form rating narrative and also must address each point raised by the veteran.
  7. @GBArmy yeah, that's what I have been doing. Most of the time I call they try to get me off the phone as quickly as possible. That's when I ask them to tell me the last date of activity on each of my claims and to read off the details. I like to make sure that it matches my notes.
  8. Earlier this month, I submitted a supplemental claim. Today, I went on va.gov to see if it showed up yet.
  9. @Harvey Ryan, As of today, the VA still does not require a specific form for a CUE, but does require it to be submitted in writing per VA's procedure manual M21-1. It states there is no official form to use for a CUE, but it does need to be submitted in writing and there are some requirements you would need to include. If you are within the standard appeal window, you could simply file it on the HLR form, but I recommend you submit additional documentation describing the error clearly. https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015808/M21-1,-Part-III,-Subpart-iv,-Chapter-2,-Section-B---Revision-of-Decisions#4 I submitted two CUE's last year without using the supplemental or HLR forms. When I was preparing to submit my claim, I called the 1-800-827-1000 numerous times, spoke with different VSO's, and even looked it up online. In every case, I was told to submit the CUE using this or that form. Nobody even knew about the VA regulation indicated above. I was not in an active appeal window, but was CUE-ing decisions from about 20 years ago. It took five months for the VA to complete. The VA granted one, but denied the other (not on the merits). It turns out my request was worked by the team who does supplemental claims, but should have been routed to the team that handles HLR's. I appealed the denial using the HLR form just to ensure it gets routed to the correct team. I also included a separate CUE to cover my bases. On the HLR form, you can request the VA call you to discuss your claim, which is what I did. When they call, I plan to ask them if they have already reviewed what I submitted. If they have, I am going to ask them if they agree. It might be a very short call if they did their job correctly. A while back, the VA used to allow reconsiderations within 12 months from the date of the decision. A reconsideration was not an official appeal, but allowed a veteran to tell the VA about their mistake. If the VA did not respond by the end of the appeal window, the veteran was required to formally submit a notice of disagreement or they would risk losing their effective date. I used this a couple of times to get some errors fixed really fast. I had one that took three weeks and another took about five weeks. You could even file a CUE on a letter and might be lucky enough to get a quick turnaround. All that changed early last year when the AMA went into effect when they removed the ability to file reconsiderations. After about two and a half months, I am still waiting for the VA to call me. I checked va.gov and it indicates it will take 4 to 5 months, so I'm back on the waiting wagon.
  10. Sometimes the VA will proactively consider any secondary disabilities, but it seems most of the time they only care about the items you specifically request (i.e. SC for your back). You can file a claim for your back and proactively request SC for any secondary disabilities it causes. If you are already SC for your back, you can request SC for any secondary disabilities. Typical secondary disabilities include nerve issues like sciatica, other joints, gastrointestinal issues caused by the meds used to treat your back (usually NSAIDs), mental health (usually depression due to the pain and lower quality of life), and even ED (some pain and MH meds can negatively impact intimacy).
  11. Good info from everyone. I have been through this personally quite a few years back. The VA says they want to propose cutting your benefits. You have a small window of time to respond. Don't delay! I submitted my evidence proving my rating should be continued. The VA ignored it and cut my rating a couple of months later. The reduction in payments began the month after the decision, so I didn't have to pay back anything. I filed for reconsideration (can't do that any more) and they ignored that. Before the one year NOD window expired, I ended up filing a NOD and asked for DRO review (now handled as a HLR). About two years later I met with the DRO. They reviewed what happened and said the VA employee who did it made a stupid decision. They corrected the rating and I got back pay. Moral of the story is evidence wins claims. If they propose to reduce, let the evidence determine if the reduction is warranted or just more VA red tape.
  12. This sounds promising. Does anyone know if the extra earnings are per month or per year?
  13. Which came first, the chicken or the egg? Or the claim request or the right form? Or when is a claim considered officially open? This is a case of my VSO helping me submit a new claim in April 2019 right after the AMA changes went into effect. At the time, neither of us knew we needed to submit it as a supplemental claim instead of a new claim. Years earlier, I had filed a heart claim for Afib, but I forgot about it. I have medical treatment records and a "more likely than not" IMO from a neurologist that I would like to provide to the VA. Just need to get an idea of the actual status of my claim and how I should submit the records. I never received a formal decision letter granting or denying my claim for heart condition. Instead, on July 29, 2019, the VA sends me a decision letter denying Cushing's (separate claim), but it says this about my heart claim: The VA claims "no action on this issue was taken", despite taking action on this issue (i.e. C&P exam). The rating narrative pages for the Cushing's claim make zero mention of heart issues. The VA's stance on supplemental claims appears to be that if you previously filed for any claim regarding an organ, then all future claims regarding the same organ would be supplemental, regardless of the actual diagnosis. I checked on va.gov and found the claim they received on May 3, 2019, for Cushing's and heart condition was closed. I called Peggy and they are as baffled as I am that the VA can claim to take no action, despite having taken action. Is my heart claim legally considered open? How can they take action on a claim request and not consider it open? Should I submit the IMO with a supplemental statement of claim or as a supplemental claim? Thanks!
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