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Gastone

Master Chief Petty Officer
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    2,599
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Gastone last won the day on August 2

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About Gastone

  • Rank
    E-9 Master Chief Petty Officer
  • Birthday 08/27/1947

Contact Methods

  • Yahoo
    dgastone@sbcglobal.net

Profile Information

  • Location
    Troy MI
  • Interests
    Work-Wrenching, Assisting fellow Nam Vets, Being a Grand Father X 5,Visual Appreciation of "ALL"
    Women and computer research.

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USMC BLT 1/26 9Th MAB 68/69
  • Hobby
    Scuba Diving, EF the area!

Recent Profile Visitors

3,987 profile views
  1. How about posting redacted pdfs of the Decision Award/Denial letters and the SOC? Is there any written discussion regarding "T & P?" Was your recent Award determined by a DRO? What is the focus of your continued Appeal? With any New Decision, there is always the possibility of a VA Rating Dept Quality Review (QR) of the Denial or Award. I had a 07/15 Increase Denial reversed by mid 12/15 QR. Then there's always the possibility of the Vet's Post-Decision submission of New & Material Evidence. All N & M E would require a Review by the Rating Dept prior to the Vet's C-File being Certifed and transferred to the BVA for Docketing. This Review of the N & M E could result in an Award at the RO level. Did your Lawyer opine regarding his statement as to a possible early Award? Semper Fi
  2. PTSD/MST C&P Exam

    Any chance you could post a redacted pdf of the Denial Letter? The Evidence Considered, as well as the Rater's discussion of the Denial Decissionwould be very helpful in understanding your Appeal prospects. Have you received a Statement of Case (SOC) yet? As I recall, the VA Rater determines the veracity of an Inservice unreported MST Claim primarily by focusing on a List of Certain Historical "Markers," to include such things as noted personality and performance changes both in and out of Service. Hadit member NavyNurse had a very informative MST/PTSD posting in 2016, give it a read. Semper Fi
  3. Bronc, you're Appeal is from pre-12, right? As I recall pre-12 IU Claims asked us what SC's in the Vet's opinion caused us to be IU. Like most Vets of that period, if you listed all your current SC's and the eventual IU Award listed those same SC's, they would no-longer be taken into consideration for the SMC S (1) Statutory Housebound Award. Was this VA Lawyer assisted IU Award the result of a DRO or BVA Hearing? What's the future Appeal plan of attack? Semper Fi
  4. MK, go easy on the "Must be busy at the RO's." Keep in mind the VARO employee charged with filling your FOIA request is not getting paid by "piece work." I don't think anybody at the VA has to worry about any over-zealous VA FOIA Employee "Killing the Job." Then again, I could be (this hurts) WRONG. If the VA gets 70% productivity (I think is overly generous) that's 5.6 hrs for 8 hrs pay. Semper Fi
  5. Why don't they watch or check up on you? Does your employer know about you VA SC Disabilities and is making "Accommodations" for you? That type of employment might still qualify you for an IU Rating. Spend some significant time researching the VA IU qualifications and BVA IU Rating Decisions. Semper Fi
  6. My 1st C-File FOIA 9/12, filed while I was on (2) NODs 10 & 12 requesting DRO Hearings, took about 13 months for the 9" stack to arrive 01/14. most recent C-File FOIA 11/16 just arrived mid 07/17 on CD 8 months is a big improvement but certainly not the "Speed of Light." Semper Fi
  7. Thanks for the info, will give it a read. Semper Fi
  8. Depending on your current employment/Earned Income situation, start an IU Secondary to PTSD FDC on E-Ben. You've got 364 to hit the Send Button. Filing a NOD against the Recent PTSD Award, what causes you to believe the Rater was in error with the 70% Rating? Are we missing something here, was there EOR (Evidence Of Record) in your C-File that you believe the Rater missed? Remember, your thoughts and feelings play no role in a NOD/Appeal. If you actually do qualify for IU, you could have an FDC Award paying you at the 100% Comp Rate within 5+ (?) months. You can still file your NOD within the 12 mos filing window. Semper Fi
  9. Is there a County VSO Office nearby? Can't recall if you ever mentioned being Rep'd by a VSO. I think it's been about a year or so now, but any VSR; Certified Claims Agent; or VA Lawyer that has your POA can directly access your C-File. Give consideration to visiting your VSR or Switching to a County VSR. Have a list of specific dates to research and get print Copies. Have you filed the VA C-File FOIA yet? Semper Fi
  10. H, I just read your attachment, where did it directly or indirectly address IU? Have you read the actual Bill that POTUS signed? After we both read the actual Bill, we'll have to compare notes.
  11. When were the multiple C & P Exams conducted? Could you post redacted copies of the C & P DBQ's? An Appeal pending (BVA or DRO Hearing) under 3 yrs is not uncommon. Which did you choose? The only Medical Records that the RO or BVA will be concerned with will be those pertaining to the NOD'd Denied issues that were or should have been (EOR) "Evidence of Record" on the Date of your Denial Decision. Easier to ask then go back and read your prior posts, HTF did you miss the multiple C & P Exams required for your original claim? If your C-File is still with your RO, you might give consideration to requesting an "Official DRO Informal Evidence Conference." See the VA M-21 regarding the DRO Process. A DRO can make an Award at an Informal evidence Conference. Semper Fi
  12. Ms. Penn, are you rep'd by a VSO? Filing an "Official Request for possible CUE Review" of a recent Decision, worked for me in mid 2016. Within 2 mos of the Filing, the additional 2 yrs of Retro was in the bank. Most VSO Appeal Specialists are familiar with the above procedure, it doesn't stop your NOD Filing Clock, so doing it earlier rather than later is advised. I did mine within 2 days of receiving the Award Letter. I would be remiss if I didn't add, contrary to what many Vets think, the VA Rating Dept actually has a process for "Quality Control" of Comp Rating Decisions. I received a Secondary FDC Denial Decision 07/15, somewhat expected after a negative C & P Exam 06/15. Unbeknownst to me or my E-Ben site, a Sr VA Rater performed a "Quality Review" of the Denial and reversed it mid 12/2015. E-Ben updated 01/03/16, indicating 100% SA with SMC S (1). No mention of my former 90% IU, however, the T & P No Future Exams remained. The Retro hit the end of 01/16 but the Award Letter didn't arrive until 05/16. The only problem with the Award was the EED, which I planned to NOD. While discussing another issue with my VSR (Retired RO DRO), the recent Award came up. I had planned to file a DRO Review NOD that week but he advised the "Official Review for possible CUE." After I faxed him my supporting "EOR" from my "MHV" records, he filed that day as an FDC. Retro Deposit for another 18 mos hit by 07/16. IU T & P NFES" is not the end of your Claims Journey. If a possible New or Secondary SC condition is DX'd, file the claim, let the Rating Dept figure it out. What were the SC conditions listed by the Rater in your Award Letter as causing your IU? Semper Fi
  13. Are you now Rated as IU and did you receive the estimated $21K, less Attorney fee, that you discussed in your July post? Not all BVA or CAVC Remands have a positive outcome. Remands, either BVA or CAVC, generally receive Priority and are handled by a Sr Rater or DRO. Our concept of Priority Processing and that of the RO Rating Dept's is usually very different. I'm not sure but I don't recall a "REMAND" Section listed in the RO MMR (Monday Morning Report). Unless your BVA Appeal included a "Hardship Advancement," I'd say your Remand would be positioned at the bottom of your RO's Remand Pile, awaiting its progression to the top of the pile. First come, First served. If possible, a posting of your redacted Remand would be very informative. Semper Fi
  14. WM, ain't no such thing as visiting an RO and collecting your C-File. You have to either Mail or FAX the FOIA Request (Govt Form 180.pdf) into the VA. Then if you're lucky, you'll receive it in 8 to 13 months. To make this VA FOIA Request for your complete C-File, including all SMR you need to Mail or Fax the FOIA Request, I faxed mine. mail or FAX to: Department of Veteran Affairs, Claims Intake Center; PO BOX 5235; Janesville, WI 53547-5235 Toll Free FAX: 844-822-5246 FAXing got my CD (any C-File over 10 pages) in 8 months. Semper Fi
  15. What will be, will be, right. If you haven't already done so, ASAP file a VA FOIA Request by FAX or Delivery to your RO intake desk. Request "ALL your Military and VMC records in your VA Claims File (C-File). It took me about 14 m9nths the 1st time I filed A C_File FOIA back in 12. Just recently received my C-File CD from a VA FOIA filed in 11/16. An 8 or 9-month wait is not all that bad. GET YOUR C-FILE, then you'll know for sure what your VA Records hold. Semper Fi
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