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Gastone

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Everything posted by Gastone

  1. Gastone
    Only your Bank offers real-time Account Transaction info, not your E-Ben account. With your Bank, log into your Direct Deposit Checking/Debit account. Up at the top should be a drop-down menu for preferences, including notifications. The real-time texts are great not only for your long-awaited Retro Deposit heads-up but also for the everyday info on all Deposit and Debit Transactions as they post.
  2. Gastone
    Nav4, I can only imagine. However, where there is a Public or Government program offering Compensation, there will always be a segment of the population attempt to take advantage by making false claims. I have no actual False MST Claims Data indicating Denials due to "Malingering." However, I do feel safe in saying, "The 10% Rule" disturbing as it might be; probably applies here as with most other aspects of life.
  3. Gastone
    Good for you, 51/2 years of Retro will definitely take the edge off your problems. I trust you have set your Direct Deposit Bank/Credit Union Account to both Text and Email you real-time regarding "ALL" Financial Transactions. Did you check your E-Ben site today? Historically, E-Ben Claims and Appeals Awards updates have trailed the actual Retro Deposit by a few weeks. It wasn't unusual for the actual Award Letter to arrive anywhere from 4 to 6 weeks after the Retro Hit. Semper Fi and have a Happy 4th of July.
  4. Gastone
    D, can't say I've ever read about E-Ben having timely BVA updates that would assist in the tracking of the Appeals progress. What kind of status updates were you seeing? Your BVA Appeal journey can be an education for other Vets. Four years ago (mid 2014, you receive a Denial and immediately Retain a VA Lawyer who advised you to request the BVA Appeal Route, as opposed to RO, DRO Review or DRO Hearing? Approximately mid-2015, your Appeal should have been Certified Complete by your RO and transferred to the BVA for Docket Number Assignment. Does your Docket Number start with a 15, 16, or 17? Did your VA Attorney file for the Hardship Advancement Pre or Post Docket Number assignment? What type of BVA Hearing are you waiting on, Travel Board, Video Hearing or DC Hearing? Any info from your Attorney as to how many BVA Hardship Advancements were ahead of yours?
  5. Gastone
    D, didn't intend to step on your feelings. Based on your above posting, more info is always better than less, it's clear now that you're certainly not new to the VA Claims and Appeals system. The fact that your Appeal (VA lawyer POA) is at the BVA, were you really expecting your E-Ben Account to have BVA Updates? Your POA-VA Lawyer Has Direct Computer access to your C-file and obviously all BVA Documents and requests for additional Medical Evidence, he's your go-to guy for movement Status, especially on an Appeal that's been granted an "Advancement on the Docket." Your former VSO-POA is out of the Appeal picture. I still have to ask, who told you or where did you read, that your E-Ben Site would carry BVA Appeals movement up-dates.info? Especially after sharing your current situation, the last thing you need is someone pointing you in the wrong direction for information. Demeaning was not my intent, however, wasting one's time chasing E-Ben for accurate updates by any Vet, is ill-advised. Good Luck with your Appeal!
  6. Gastone
    An IU Rating based strictly on the MSA/PTSD Rating and being 35 makes a T & P a difficult sell. All VA MH Clinicians and probably most civilian Clinicians believe all MH Conditions, including Combat PTSD and PTSD/MSA are treatable and will improve over time. You can expect your C-File to be "Diary Dated" for Re-exam at 3 to 5-year intervals up to age 55. Of course, filing a New Claim any time prior to holding the PTSD Rating for 20Yrs automatically opens your SC's for review. What was your Award Date? Spouse & College age kids should be a determining factor in Filing or Appealing. If, in the future, you file for and receive additional SC's not involved in the IU Award, that have a separate CSC of 60%; the Rater should also Award SMC S Housebound.
  7. Gastone
    I'm aware of what you address regarding late MSA reporting. When there is no actual MSA official Report Filed, no private or Service medical records supporting the MSA Claim, it all comes down to the VA Raters determination as to the veracity of the Vet. To the best of my knowledge, all MST associated MH Awards are rated as PTSD. All VA PTSD/MSA Psychiatrists and Psychologist Ph.D.'s are trained forensic examiners. Eliminating the possibility of a malingerer making it thru the C & P process is just as important for the MST Vet as a Combat Vet. The Vet's recent PTSD C & P Examiner made special mention of administering the MMP1-2-RF Psychological assessment test that is a tool in verifying a Vet's Veracity. The results indicated "Non-credible Memory Problems." There was also a mention of the Vet over-reporting his PTSD Symptoms. Do you think there is a better than even chance that this Vet may be viewed by the Rating Dept as having a Veracity and Over-reporting Problem? As to his IU Denial based on this DBQ, after reviewing what limited information the Vet has presented, do you believe he is IU, unable to do even Sedentary Employment that would provide in excess of the SGI $12,440 per year?
  8. Gastone
    Post a redacted copy of both the C & P PTSD DBQ and the actual Denial Letter. Have you filed your NOD Yet? AskNod pointed you in a possible successful direction, yet you're still jerking around calling locally for a DBQ. You're at what now, called (WTF) 80 Psychologists Ph.D.'s with negative results, you have to be into pain. Do you even get to talk to the Drs when you call, or is it the screening staff member that's in charge of setting up New Appointments?
  9. Gastone
    You're relying on E-Ben for timely Appeals Updates? That's a questionable decision in itself. Someone told you, or you read somewhere, that you can contact E-Ben by phone? What's your source? Contact your POA-VSO and request he accesses your C-File and sees what's going on. Now, how about posting a redacted copy of your Denial, so we can get a grip on your appeal situation. When did you file your Claim and subsequent NOD? What type of VA Appeal Route did you choose, BVA, DRO Review or DRO Hearing?
  10. Gastone
    T, I know you're familiar with the Miranda Warning about what you say, can be used against you in a court of Law. Same goes for what you Author, for the most part. Contact the Hadit IT Help dept, there has to be a way to pull your postings which you failed to "REDACT," regarding all your ID and Dr's ID Info. This info can only hurt you, nobody needs to see it. You want the $2974 IU Comp, but just maybe you should be satisfied with the 80% $1587 and VA Medical. Pushing the IU Denial could get you a Reduction. Possibly even a call in, by your PO, remember your on 5 yrs Felony Parole. Sedentary or manual labor may be the only jobs you can currently find. This is a result of choices you've made.
  11. Gastone
    It's time to go back to work landscaping with your Childhood friends. The 2018 IU Claim, if not already, will be Denied the near future. Was your MSA reported and investigate while you were on Active Duty? Did a VA Forensic Psychiatrist do your PTSD/MST Exam? Your recent 06/2018, self-reported suicide attempt, discussed your continued use of Drugs. You're currently doing (5) years Felony Probation, has your Probation Officer been made aware of your continued Drug use? Your failure to redact your 2018 DBQ (posted on the other thread) of all your ID info could become a significant problem. Ther is one Bright side to your situation, not many Convicted Felons are release from prison and almost immediately start collecting VA 80% Comp/Medical care. I know to want that IU Comp $$, just keep in mind, the PTSD Award is subject to reduction for (5) years after the Award Date, based strictly on a single DBQ or MH Clinicians recent Treatment Note or a Quality Review of your Initial Award.
  12. Gastone
    You really are only concerned with his success rate handling cases identical to yours. What is his experience with your Appeal issues?
  13. Gastone
    As long as you don't bring an attorney on Board. the Appeal remains non-adversarial, but you've got a long uphill battle here and it's way beyond the means of a DIY Appeal Project. Way too many negatives working against you. Right now, you're not IU, regardless of the Rater's Decision. You will need Professional Representation to counter the negative reports. There seems to be a reluctance on your part, to post ID Redacted Award and Denial Letters. Just be sure to remove all your Personal Identifying references.
  14. Gastone
    An Appeal is your only course of action. You might be well served by having an Appeal consult with a local VA Accredited Appeals Lawyer. I don't believe this Denial will be successfully adjudicated at the RO Level, nor should it be considered a DIY Appeal Project. I think there was mentioned in the PTSD DBQ something about you being "Goal-Directed." One of your Goals is the hunt for the IU Award, right. A 06/18.2018 self-reported suicide attempt could be viewed with some skepticism. The C & P also contained the Clinicians discussion regarding your results of the MMP1-2-RF Self Reported Psychological Assessment Test. The results indicating "over Reporting of Symptoms" and reference to "Non-credible Memory Problems," definitely doesn't support your IU Claim. Might be time to go back to the landscaping Job, I didn't see any mention of problems with that line of work. Definitely pays in excess of the $12,440 SGI per year.
  15. Gastone
    The C & P Clinician's discussion regarding over-Reporting of PTSD Symptoms has to give one pause. She indicated you didn't quite make Malingering cut, but it sounded like you got fairly close, that is not good. You certainly have some MH issues, but your employment/lifestyle choices and Drug usage, appear to be the same as before you entered the Navy. This recent PTSD DBQ certainly doesn't support a VA IU Award. You're obviously capable of some/any sort of "Sedentary Employment" that would provide in excess of the VA SGI $12,440 per year. That's $249.00 per week, $6.22 per hr for 50; 40 hr weeks.
  16. Gastone
    Where is the redacted IU Denial Letter? We need to see the Reasons for the Denial, as well as Evidence Review. A very large majority of IU Denials are based on Evidence of ability to do any type of "Sedentary Employment" that would provide Earned Income in excess of the VA SGI of $12,440 per year if under 65, $11,440 over 65. Post a redacted copy of the IU Denial Letter. Have you Filed your NOD yet? consider Applying to the VA Vocational Rehabilitation Dept on E-Ben. Get a Professional VRC's opinion as to your Employability. A VRC Denial Letter could make or break your Appeal and would be considered as the Mandated submission of "New & Material Evidence" required for both the DRO Review or Hearing route.
  17. Gastone
    Might be wise to do a VA C-File FOIA. Ask him to send you an ID redacted copy of his 10% SC Award Letter, might just answer some critical questions regarding the Whys and the Evidence Reviewed in making the Award Decision. If Rated at 10%, the Rating dept viewed no evidence indicating a serious effect on his Earned Income, posed by this single SC Disability.
  18. Gastone
    Oral Surgery, just because there was a tumor removed, not necessarily a Cancerous growth. A Naval Oncologist wasn't involved with the post-surgery Treatment, right? What did the Tumor pathology report indicate? I think he needs a face to face with a POA-VSO. He may or may not have a Ratable Comp Condition. Didn't he get a DOD Rating for the cause of his Med discharge?
  19. Gastone
    L, appears this C & P was completed by a Private Contractor, Exam Notes and/or DBQ won't appear in your VMC Med Recs, they'll be forwarded directly to your RO Rating Dept. You reference "Reopen," how about posting redacted copies of those Denials so we can better understand your Claims situation. How long have those Decisions been Final? Are you SC'd for any conditions? Your CSC (Combined Service Connection) Rating is? Do you use a POA-VSO or are you attempting these Claims as a DIY project? From your above post, I'd recommend using a VSO with an HQ Office located at your RO. Besides having direct Computer access to your C-File, the Rep could walk down the hall if he's acquainted with the Rater handling your claim.
  20. Gastone
    Have your Dad's Cancer Records been downloaded to his VMC? If he's a Nam "Boots on the Ground Vet," he doesn't need a DBQ completed for the MM Cancer Claim. An MM Cancer DX by a Private or VA Oncologist is sufficient for the AO Presumptive Claim. His DD214 does verify his Nam Boots on the Ground, right? The MM is the BIG SC 100% Claim at this point and should be expedited due to the Nehmer Rule. The other Issues Claimed ar low hanging fruit and will be addressed in due course by the Rating Dept. These other Claimed conditions will not hold up the MM presumptive Award. The one thing you might consider, ask his private Oncologist to address his C & P Exam Exposure to infection due to his compromised Immune System. A VMC Oncologists review of his MM DX and treatment notes should be adequate to order VMC Medical Transportation services.
  21. Gastone
    As of 04/19/2018, the VA has updated the Poverty Level Income per 2017 US Sensus Data. Throughout 2017, $12,486.00 from 2016 Census Data Poverty Level for (1) Person, was considered the VA Marginal Income for IU Awards for Vets under age 65, $11,44?.00 65+. The New Single single Vet Poverty Level/Marginal Income is now $12,752 for Vets under 65, $11,756.00 65+.
  22. Gastone
    John, from one Zipper Club Member to another, the Surgical Scar left after cracking your chest is Ratable, if it is Chronically Painful, emitting pus or considered disfiguring (Not Likely). 12 years down range and it's just there, no pain and really not that much of an appearance problem. I really don't recall the 10in scar ever being a real problem, it was the breastbone initial, then sporadic pain that was a real butt kicker. That and worrying about overdoing and injuring it before it was completely healed, about a year or so post surgery.
  23. Gastone
    HBP, SA, DM II (to a certain extent), and PTSD Symptoms are usually present for a rather significant period of time before an actual Medical diagnosis is made. Any IMO or Clinician Treatment Note regarding a Reverse Nexus would be considered strictly speculative and Medically Unsupportive of your Secondary Claim. The VA Religiously (per VA Reg & 38 CFR 4) uses the Date of DX for all SC Secondary Claims. I have never read about a Reverse Nexus Secondary Appeal Claim or Award.
  24. Gastone
    Something else to consider, Special Monthly Compensation, Scheduler Housebound SMC S (additional $34?.00 per mos) if his other SC's have a CSC (Combined Service Conection) Rating of 60% independant of the (1) SC Rated at 100%. If appropiate at this time, request that his Private Oncologist complete a VA Aid & Attendance Medical Questionair.
  25. Gastone
    While you're waiting, File an Official Request for an "Informal DRO Evidence Conference." The "Conference" should take place much sooner than the actual DRO Review or Hearing. Besides the chance for a Face to Face discussion with a DRO regarding what Evidence that has been submitted Post Denial Decision, his opinion as to what additional New & Material evidence is necessary to reverse the Denial would remove any guesswork. Keep in mind, DRO's can make an Award based strictly on the "Evidence Conference" results. Certainly worth a shot, right!
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