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ping jockey

Third Class Petty Officers
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Everything posted by ping jockey

  1. Hello Sisters and Brothers: I read the first four pages to the FMP topic, so does anyone know... Background: After relocating to Germany I had to have a root canal, which is a service connected condition on my FMP list that I obtained before relocation. I had to travel six hours and stay in hotels for 5 days to find an American trained dentist who followed American dental procedures - communicating the maxillary sinus complications aggravating my dental situation to a local national was to difficult. Issue/question: The FMP literature says "transportation and/or travel cost are not reimbursable". Does anyone know of an exception to this rule? With appreciation, PJ
  2. Hello Berta and fellow Vets: A retired Navy Vet's wife struck up a conversation with me. The hubby is in bad shape with AO conditions and she asked me to do research. Of course, Hadit is my first go to place!!! There is a new updated Ships List as of 7/2/2018. The list is named " U.S. Navy and Coast Guard ships that operated in Vietnam" and is found half way down the page on this link: https://www.benefits.va.gov/compensation/claims-postservice-agent_orange.asp PJ
  3. Hi, Here's a quote by Bronco Vet lifted from another forum: " If you discontinue treatment, especially after getting benefits, then the VA assumes it has improved, and you can expect VA to take a hard look at a reduction." Background: Rated 100% about 2013. One of the ratings is 50% for depression. Yearly, I see the psychiatrist to discuss things and renew a Rx. I always go to my appointments and VA cancelled my last one and didn't reschedule. I've been requesting Rx renewals through my local OPC pharmacy without a problem. This last year this Dr. out-of-the-blue suggested "you are doing better and we can look at taking you off your medications". It blew me away since I've been on it for nearly 10 years and it has worked well to stabilize but not eliminate symptoms, effect, and affect. Further my sister, a nurse of 25 years who's very familiar with my situation was adamant that I should "NOT" be taken off my meds. I don't want to go off them either!!! Likewise, this Dr. recently said, "well you've been working now and it's better to be employed that unemployed", which is true. The Dr. scheduled an appointment 2 weeks after our phone call and then called me to cancel the appointment on a Thursday before the Friday appointment. We rescheduled for Nov. Finally, the Dr. suggested I could write an update through My Health Vet. My concerns: Under what circumstance can VA reduce my benefits? In other words what things can they point to that could reduce my rating? Being employed long term, taking me off medication, the Dr. creating an appointment, then cancelling it, and saying I never showed UP. How do I protect myself? Issues VA/Dr. is not taking into account: I've lost 3 jobs after Voc-rehab. I've landed at a new place but only been there 3.5 months. The suggestion of being taken off meds that work interferes with my sleep - I don't want to go back into those black holes. Even with medication and a CPAP, I still have recurrent nightmare of not being able to get to the surface while under water - suffocation terrors. I still have recurrent nightmares of Boa Constrictor snakes slowly tightening their grid around my chest every time I exhale - suffocation terrors. The MH clinic essentially eased me out of bi-weekly therapy because other Vets are in more need than I. I wrote a suicide note after losing/walking out of my last job on April 4th and posted it online anonymously. SUGGESTIONS PLEASE:
  4. Hello, Happy Veteran's Day! Does anyone know if Ebenefits is shutdown? I tried accessing it a week ago and it was under maintenance. As of today, I still can even get to the "login screen? What gives, PJ
  5. I've read many of Dr. Bashes letters and would agree that what he writes is by far more superior to my "outline and claim structure". He knows what he is doing, and yes, the DBQs don't have enough room, which is why I expand all my evidence into multiple pages of a statement in support of claim document.
  6. Hi lcpl: IMHO, C&P exams always have questionable items in them. What's missing is comparing your C&P Exam to the Rating Decision from the RO. Again, IMHO the VA makes numerouls mistakes by way of errors, omissions, and absences - both intentionally and unintentioinally! I am not that familiar with all the leg, knee, and foot conditions; however, as requested, I took a pass at a series of questions I'd be asking myself if I were you. I am very familiar with OSA and wether it's secondary to other conditions. The VA loves to deny based upon secondary claims saying "there is no nexus (link) between OSA and Chronic Bronchitis, Chronic Sinusitis, and other conditions". My OSA is sedoncary to CRS (Chronic Rhinitis Sinuitis). Contrary to how the VA and Regional Offices "CONTINUE to DENY" OSA as secondary to, it's well established medically and at the Board of Appeals and Court of Veteran's Claims that OSA is indeed secondary to these conditions. That said, often the VA/Examiners are correct in their medical opinion, but more often than not they try to deny Vets this one when it is SC's. Most of my research focuses on OSA secondary to CRS, but I do know there are cases supporting it seconcary to Chronic Bronchitis. It would be instrucitve to compare your Rating Dx to the C&P exam and how the Rater missed things or follwed the Examiners opinions, but ignored evidence in you your favor. Here's a copy of your C&P marked up in PDF: LCPL'S C&p MARKED UP WITH QUESTIONS.pdf
  7. Greetings: I am grateful that one afternoon a few years ago, I Googled "I've had it with the VA". That simple "search" born out of utter frustration led me to "Hadit". And there it all started! As of two weeks ago, I'm rated 100% (long overdue). And, I am still NOT done with the VA. For those looking to do there own research I offer this process: Obtain your Military Service and Medical Records by mailing (certified, return receipt requested) an SF-180, found here: http://www.archives.gov/veterans/military-service-records/standard-form-180.html Obtain your full VA treatment records from the "release of information" window at the center you receive treatment at. Review the CD-rom (PDF file) for all CHRONIC medical conditions, treatments, and diagnosis - chronocity is critical! Identify the incident, event, or situation in service that "caused" this condition. If it's in your active duty medical records that's extremely valuable. If it manifest after service you'll need to find a way to "connect" it to service - the "nexus". Next search USC 38 part 4 for your CHRONIC DIAGNOSIS, found here: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38: Match up the conditions and rating percetnage to the CHRONIC diagosis in your medical records. Review the DBQ the C&P examiner "must" use to rate your current condition, found here: http://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp Search for VA court cases on your condition(s) to understand how the VA Regional Offices is likey to "rule and rate" on your claim. HINT, the cases tell you what evidence actually supports a claim. For example, here's a search for Sleep Apnea secondary to chronic Sinuitis: https://www.google.com/?gws_rd=ssl#q=sleep+apnea+secondary+to+chronic+sinusitis Look for evidence in these cases that would support your claim, and THEN match and find your evidence - NEVER, EVER lie! Gather all your evidence, write up a Statement in Support of Claim, found here: https://www.google.com/?gws_rd=ssl#newwindow=1&q=va+"Statement+in+Support+of+Claim" and mail it certified return receipt requested. NUMBER every single page, make copies, and wait. Make someone sign for your mailed packaged - VA has NEVER lost my packages! Before you go to a C&P review your evidence and especially the questions the Dr. is going to ask from the DBQ. I usually hand write a list of the 6-7 items that supports my claim. I make sure the examiner see this. I'm so done with the VA, I walked into to my last C&P with my 4" binder and the Dr. undersood I knew what is going on. A C&P exam is a LEGAL MEEETING, not medical treatment. I submitted my last three claims in July and they were fully decided correctly in six months. Help the VA help YOU! And, most importantly, never, never, never, ever give up. Be relentless! Most grateful, PJ I got a request to see how I wrote Claims, so here they are: Hearing loss, Peripheral Vestibular Discorder, and Tinnunitis. Digestive disorder. Skin disorder. VA's 2015 Decision on these three Claims. 1 -STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS - PG-1- redacted.pdf 2 -STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS - PG-2 - redacted.pdf 3 - STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS FOLLOWED BY TINNITUS - PG-3 - redacted.pdf 4 - DBQ WITH TINNITUS - HEARING LOSS & PERIPHERAL VEST DIS - AMENDMENTS_Redacted.pdf 5 - C&P EXAMINER'S DBQ FOR EAR CONDITIONS.pdf 6 - STMT SUPPORT CLAIM - RHIODS 2014 - redacted.pdf 7 - DBQ FOR RHOIDS - FOR C&P.pdf 8 - STMT SUPP CLAIM - ECZEMA 60% - PG 1-2.pdf 9 -STMT SUPP CLAIM - ECZEMA 60% - PG 3.pdf 10 -STMT SUPP CLAIM - ECZEMA 60% - PG 4.pdf 2015 DX REDACTED FOR HADIT_Redacted.pdf
  8. Hello: Tbird, this should probably be posted elsewhere, and I'll leave that up to you. DAV, like most Veteran Organizations are very good. Recently, I got this email from the DAV National Commander, where we need to let Congress "know" we can't/won't tolerate them dragging their feet. So, sing DAV's let to the entire Congress here: Veterans should never be victims of Capitol Hill inaction or government shutdowns. One bill can guarantee veterans their benefits - no matter what. But Congress must act by year-end. Help us bring this vital measure to a vote, before time runs out by signing this petition: http://bit.ly/vetfunding DAV and a coalition of America's leading veterans and military service organizations have been pushing Congress to pass legislation that would shield all veterans' programs, services and benefits from budget gimmicks, partisan politics and government shutdowns. The Putting Veterans Funding First Act (S. 932 / H.R. 813) does that by ensuring the Department of Veterans Affairs' (VA) budgets are fully funded at the beginning of every year. Currently, the budget for veterans' programs and benefits is being held in limbo and is set to run out on December 11th. This is the 23rd time in 26 years that VA's full budget is late. Enough is enough! In the Senate, this bipartisan legislation has the support of Veterans' Affairs Committee Chairman Bernie Sanders and Budget Committee Chairman Patty Murray, and Majority Leader Harry Reid has promised to hold a vote on the bill this year. In the House, Veterans' Affairs Committee Chairman Jeff Miller and House Budget Committee Chairman Paul Ryan both support the bill, yet nothing has moved forward. We need your help to make sure that the Senate holds that vote, and that the legislation passes. Please add your support by signing this petition: http://bit.ly/vetfunding As always, thank you for your grassroots advocacy as a participant in DAV's Commanders' Action Network. Your commitment and activism makes DAV a more effective organization in Washington, D.C. Happy Thankgiving to all, PJ
  9. Hi, I hope you all are doing well these days. For some reason the "Google Custom Search" gives me search errors. Can anyone point or drop a link to the following issues: NIHL - Noise-Induced Hearing Loss; and what the hearing loss criteria are? Menieres' T-Bird when I use the search function is returns the error in the attached PDF. Thanks, PJ Error - HadIt.pdf
  10. Hi, Hadit has been a "port in the storm" for awhile now - thank you! I'm confused, demoralized, and humilated right now after two years of Voc-Rehab and getting terminated from my job yesterday after five months. Reasons: Difficulty understanding instructions; Not assimilating simple concepts; Taking to long to complete task and more. It was never addressed either, just "good bye". These difficulties and others have persisted over 15 years and always seems to lead to termination. Not being able to support oneself is very, very, depressing and demoralizing and makes me question living . My SC conditions generate social anxiety in the employment setting because of a chronic cough I have where I've been socially alienated over the years with very harsh statments both in and outside of the work setting. It always interfers with my ability to concentrate clearly, followed by the social alienation in the work place and other places. SC conditions include: Chronic Sinuitis 50% - due to a chemical plant explosion. OSA 50% - secondary to CS. Depression 50% - secondary to OSA. CFS 0% - scondary to OSA - Bronchitis 0% - direct nexus. Eczema 10% - direct necus. I am worn out and really don't care to experience this crap from "civilian idots" ANYMORE. I just want to be left alone to live out my life with comfort and diginity; If it's worth hanging around for. What would be the next step for P&T so I don't have to go through this anymore!
  11. Hi Berta, Thanks for responding! I'll dig out the material tomorrow. I got terminated from my job today, so not feeling up to it. After this experience, I never want to look for another job. My conditions always seem to manifest negatively in one way or another in the employment setting leading to these miserable experiences. I feel nauses and like throwing up right now....going to bed. Again, Thanks
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  13. Hi, I hope everyone is having a great Memorial Day weekend. As always, thanks to all the Elders and everyone who make this place possible! I have to submit my NOD by June 18th, 2014 - soon, I know. I'm hoping Berta, Carlie, Bronco Vet and/or the others can weight in on how/whether to file my NOD. First, do I have a legitimate NOD for either or both: My OSA rating being combined with other ratings, when OSA is supposed to stand on its own? Seeking a 60% rating for CFS because the decision letter cites "no compensable symptoms"? Regarding CFS, my symptoms rise to the 60% level, as they stand all on their own. So, am I missing something here? In other words, does the CFS being secondary to OSA neturalize the 60% rating, rendering that condition a 0% rating? I am puzzled; however, NOT SURPRISED if this a V.A. overisght - in their favor of course. Decision Letter of June 18, 2013: I TRIED UPLOADING MY LETTER; but, it was 11MB. T-bird is there anyway I can post it? I will e-mail it to those who can help, if not. With appreciation, PJ
  14. LMAO; "how do you spell relief?" See Bronco Vets post above! Gotta love that one. Congratulations. Ping
  15. Hello Brother and Sister Veterans: I am happy to announce that after thirty months of waiting, and with exceptional guidance by way of the resources here at Hadit; The V.A. granted my claims for Chronic Rhinitis Sinuitis at 50% and Obstructive Sleep Apnea secondary to CRS at 50%. When combined with 50% for General Depressive and 10% Rhinitis my total rating is now 90%! I am reasonable sure, the V.A. has wrongly combined the CRS and OSA ratings instead of treating them indepedent which would make the rating 100%. Regardless, my wife and I are estatic as this is the only "good news" in the last four years. We are going out to dinner tonight! Your Grateful Veteran, Ping Jockey ps Never, never, never give up! Understand your medical Issues, read the rules (the law), do an analysis matching your facts and circumstances to those rules (the law) and put forth your conclusion in a clear, complete, and concise conclusion. It's called the IRAC method in law: Issue(s) Rule(s) Analysis Conclusion Since the V.A. must follow the law; it behooves you to know it too!
  16. The VAOIG and Auditors take fraud against the Government very seirously folks. People will get caught eventually. Look here at how active VAOIG is: http://www.va.gov/oig/publications/press-releases.asp
  17. Carlie, Apologies for not seeing this sooner, for some reason, I'm not getting those "auto-notices" from Hadit. From the facts above it appears you have $32k of "cancellation of debt" income; unless you meet one of those exceptions in U.S.C. 26 Sec. 108(a) of the Internal Revenue Code. Although the $32k is taxable income, and you're in the 25% tax bracket, then yes the tax owed is $8k. Paying taxes is never fun, but $8k is much less than $32k. If I knew more of the facts of "why" you were lucky enough to receive a student loan cancellation of debt, I could look at the exceptions in I.R.C. Sec. 108(a) and see if any fit. Keep in mind, we have three years to file an amended claim to recover those paid taxes if you do qualify for an exception. The relief for 100% P&T Vets is amazing; because student loan debt is NOT dischargeable even in a Chapter 7 liquidation bankruptcy. Email me personally, if you want to. My best, PJ
  18. J92 and PR, Thank you. PR, my claim is far from fraudulent; with loads of evidence of the checmical plant explosion, medical entries, continutity of tx, etc.. I wouln't even enter the "grey zone", it's simply not worth it, as I like my freedom to much. I sleep very comfortable at night knowing if anything is ever questioned, I can provide documents, and if any thing is off base, it is simply a "mistake of fact", which I would admit immediately and correct. I would suggest any other Vets do the same, because the V.A. does/is scrutnizing claims. J92, it's good to hear this is routine, too. As we all know, and you can see in the attachment from what transpired at my C&P Exam in 2011, there are some in the V.A. system who don't know there scope of authority, whether intentional of not, who clearly extend themselves beyond the authority vest in them. Thanks, you guys help put this at ease. Regards, PJ SLEEP APNEA C&P EXAM MAR 21 2011 - Copy_Redacted.pdf
  19. Hello, After two plus years of waiting, my claim was sent to the Denver R.O.. I was notified it would get worked in the next few months. Sounds good to me, finally. I'm concerned about an out of the blue call from my local OPC, "one week" after I got the call saying Denver received the hard copy file. The call was from pulmonology and they said "Dr. x needs you to come in again for a pulmonology visit, because something got over looked on the last exam". I asked if it was for C&P reasons and the rep said no. This has never happened before and it makes me uneasy because this is the type of Dr. the V.A. would want and need to start building a position now. They have no prior position, and I think they are trying to build one. The event, tx on active duty, nexus, and chronicity in my records is pretty solid, and I think they want me to see a specialist in this area so they can make medical entries upon which the V.A. would be able to deny a claim. Just because you're paranoid doesn't mean they are "not" out to get you; And, with their track record, would anyone here be surprised? Any thoughts? Ping Jockey
  20. What does "SOC" and "ROM" stand for?
  21. Hello Hedgey, I can apprecaite most folks look to IRS Publications for information and guidance; however, those Pubs are NOT Tax Law. They are the IRS's opinion on how the Tax Laws apply. In order of precedential legal treatment is: The Internal Revenue Code, The Treasury Regulations, and Case Law. The good news here is, Veterans Administration Compensation is "excluded" from gross income under I.R.C. Sec. 104(a)(4). And, considering it's the I.R.C. it's binding upon the IRS and the Courts. In other words if you meet the definition clearly, your position is rock solid. The below is offered and should "ONLY" be viewed "in genearl", as many tax issues can be based upon individual facts and circumstances. 26 USC § 104 - Compensation for injuries or sickness: http://www.law.cornell.edu/uscode/text/26/104 And here's an annotated copy of I.R.C. Sec. 104, as it applies to Veterans Disability Compensation: Similaryly, Income from discharge of debt is gross income; UNLESS excluded by law under I.R.C. Sec. 108(a) - there's a list of exclusion here: 26 USC § 108 - Income from discharge of indebtedness http://www.law.cornell.edu/uscode/text/26/108 My best, Ping Jockey Ps I'm completing my Masters in Taxation at Golden Gate University under Chapter 31 this year. VETERANS' ADMIN COMP EXCLUDED FROM TAXTATION.pdf
  22. Hi Carlie, Hope your Holidays are going well. I am looking forward to final exams being over. Say, my facts and circumstances nearly mirror this case except that, the V.A., simply "declared" my eye condition was congenital. My entrance exam(s) reflect perfect health and no one in my family wore glasses before forty years old for presbyopia. I have to pull the adjucation letter from 1995; however, I believe the R.O. Simply declared my condition congenital with zero medical evidence to support their position. In other words, they ignored the presumption of a clean bill of health afforded me by reason of my MEPS exam, and their position is nothing more than opinion with zero support. With zero evidence supporting their "congenital opinion", it seems to me this would be a CUE. Would you consider this to be on the right path, or does the "congenital" element point in a different direction? With appreciation, PJ
  23. Thank Carlie, Your assessment makes a lot of sense in context. Maybe I provided to much info and should have stuck to ONLY the "medical facts and nexus" stuff. If this is a mistake: [Does submitting a BVA Case with similar facts & circumstance hurt the Vet? ping - YES it could hurt the vet as right away the decision maker can refer to it in support of a denial, because of the two things I posted above. - carlie JMHO] If so; Then, I will have to follow the NOD/Appeals process below by Bronco Vet. In other words, the error of my ways, may cause me to wind up on the long Appeals road, b/c the V.A. can seize upon an opportunity and reason to "NOD" me. That would really be disappointing! Time to prepare for the worst and hope for the best. I will NOT give up though, never, never, never! PJ
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