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Gastone

Master Chief Petty Officer
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  1. Thanks
    Gastone reacted to broncovet in Attorney For TBI CUE   
    The NOVA advocate directory is here:
    https://vetadvocates.org/welcome/find-an-attorney/
    Some well respected Vets advocate attorneys are Ken Carpenter, Chris Attig (Attig Steele), Hill and Pontoon, Katrina Eagle.  They may/may not have the resources or be willing to accept your claim, you often have to try a half dozen or so attorney's to find one who will accept your claim.  Rememeber, they dont get paid until/unless you do, so they have to take a chance, invest their money and time, and wait sometimes 5 or more years to get paid and sometimes not get paid at all.  
     
  2. Like
    Gastone got a reaction from sh912 in DRO REVIEW   
    S-912, when did you sign up with the VA Lawyer, pre or post NOD Filing? What or who led you to requesting a DRO Review as opposed to an actual face to face with a DRO Hearing?
    Have you or your Attorney filed a VA FOIA request for your complete C-File?
    If you still have a VSR and they have an HQ Office at your RO, make an appointment to see the Dead Honcho for a sit down. He will be able to access your Appeal File and determine wear you're at in the Stack of DRO Reviews. Your IU Appeal could already be with a DRO and/or a Decision could have already been determined. That's the problem and Main Drawback to the DRO Review, you won't know until the Retro $$ unexpectedly appears in your Direct Deposit Account.
    If the DRO Decision is a continuation of your IU Denial, it takes even longer due to need of SOC. It could take 6++ mos after the Denial Decision for the Denial Letter and SOC to arrive.
    After filing your DRO Review NOD, did you supply the VA Mandatory "New & Material Evidence," that was not available to the original IU Claims Rater for review. When did you submit the N & M E? Did you get a VA Hardship Appeal Advancement or did you file for one and haven't received anything back.
  3. Like
    Gastone got a reaction from broncovet in Sleep apena   
    What symptoms do you have, daytime somnolence, memory issues, concentration issues, etc?
    Snoring is a possible symptom of OSA (Obstructive SA), not necessarily a symptom of CSA (Central SA). Generally speaking, with OSA, Males will have a BMI in excess of 27+%, a neck in the 17++ inch, and a Large tongue.  All people that snore, don't necessarily have OSA, however just about all people with OSA do snore.
    Overnight Sleep studies can take 3 nights if Apnea episodes are detected on the 1st night. VA has started using the "At Home Sleep Study" as a screening tool. Simple hook up, no cameras or medical personnel necessary, much cheaper.
    I never got more than 4 1/2 hrs sleep during any of the (3) nights back in 2010.
  4. Like
    Gastone got a reaction from Vync in What medical cost are paid by VA?   
    If you opted out of the VA Program, good luck on getting the VA to pay anything. sounds like the VMC was never notified either by you or the Private Hospital Intake Clerk/Supervisor. What is the amount that you're on the Hook for?
    Of the (3) forms of Payment for non VMC ER services, private Ins and Medicare are much faster than VA. Biggest mistake a Vet can make is to hand over the Medicare or Private Ins cards if he wants the VA to be contacted for coverage. All Hospitals that except Medicare patients must also accept all Vets covered by the VA.
    The Hospital billing Dept is only concerned with getting their ER Bill paid the fastest way. Many a horror story has been told regarding Vet's getting $40K Hospital bills that they thought were going to be covered by the VA. Hospital Billing Screw-up or Vet Screw-up, it doesn't really matter. No quick fixes are available if the VMC wasn't notified.
  5. Like
    Gastone got a reaction from Vync in What medical cost are paid by VA?   
    Only for (no colds, head aches, bloody nose or stubbed toes) actual Emergency Room Stabilization, unless further care is authorized by the Vet's VMC.
    This is not an automatic, the Vet if conscious upon admission to the Non VA Hospital Emergency Dept or his surrogate must notify the Admission staff of his VA VMC needing to be contacted for his Emergency care. This must be done almost immediately, if not sooner. Document the VMC contact person's name and position for verification of Required Notification.
    Once the Emergency is stabilized, a VMC Admission Honcho will determine if the VMC has a Bed and facilities/DR's to address the Vet's post Emergency Care. The VMC will arrange ambulance transportation to the VMC if necessary. Failure to follow the required VMC Notification requirement with in a couple days of the Emergency Admission could result in a Denial of VA Emergency care payment.
    I get all my general  care and Rx's from my VMC but when it comes to invasive medical procedures or life threatening surgeries, I'd opt for the Pros located at the Top Private Hospitals with 1000's of procedures under their belt. Medicare with a full boat B plan (no Rx coverage) covers everything with no Deductibles or Co-pays, for about $150.00 a month thru ARRP's United Healthcare
  6. Thanks
    Gastone got a reaction from JFizzle in Should veterans place the percentage desire as part of the initial claim or let the VA decide?   
    JF, as is sometimes the case, it seems some of us missed the part of your original question, "Initial Claim."
    Unless the VA SC Claim (paper or E-File) has changed, there really isn't a section for you to ask for a specific SC % Rating. If in your opinion, your Medical Evidence is somewhat vague or less than strongly supportive, completing a VA 21-???? "Statement in Support of Claim" may be beneficial.
  7. Like
    Gastone got a reaction from seminoles in They had no Voc evidence   
    That SSI Denial Letter is quite comprehensive and appears to cover the Denial Decision.
    Don't mess around, get the SSI Attorney. For $1500+ he or she will write up the Legal Brief and accompany you to the SSI Appeal Hearing. The "Free Consult" will determine how strong your case is and determine if the Legal Fees will be deducted from the Award.
     
  8. Like
    Gastone got a reaction from broncovet in They had no Voc evidence   
    That SSI Denial Letter is quite comprehensive and appears to cover the Denial Decision.
    Don't mess around, get the SSI Attorney. For $1500+ he or she will write up the Legal Brief and accompany you to the SSI Appeal Hearing. The "Free Consult" will determine how strong your case is and determine if the Legal Fees will be deducted from the Award.
     
  9. Like
    Gastone got a reaction from Rocket1949 in What medical cost are paid by VA?   
    Only for (no colds, head aches, bloody nose or stubbed toes) actual Emergency Room Stabilization, unless further care is authorized by the Vet's VMC.
    This is not an automatic, the Vet if conscious upon admission to the Non VA Hospital Emergency Dept or his surrogate must notify the Admission staff of his VA VMC needing to be contacted for his Emergency care. This must be done almost immediately, if not sooner. Document the VMC contact person's name and position for verification of Required Notification.
    Once the Emergency is stabilized, a VMC Admission Honcho will determine if the VMC has a Bed and facilities/DR's to address the Vet's post Emergency Care. The VMC will arrange ambulance transportation to the VMC if necessary. Failure to follow the required VMC Notification requirement with in a couple days of the Emergency Admission could result in a Denial of VA Emergency care payment.
    I get all my general  care and Rx's from my VMC but when it comes to invasive medical procedures or life threatening surgeries, I'd opt for the Pros located at the Top Private Hospitals with 1000's of procedures under their belt. Medicare with a full boat B plan (no Rx coverage) covers everything with no Deductibles or Co-pays, for about $150.00 a month thru ARRP's United Healthcare
  10. Thanks
    Gastone got a reaction from MikeHunt in Regional office does not have my claims file   
    The 800 Rep gives the same directions to all Vets regarding the RO Walk-in to view and print sections from the respective C-Files. M thru Fri 8am to 4pm.
    IT DID NOT WORK IN 2015 AND IT DOES NOT WORK NOW!
    Think about it, the RO has to assign a VA Employee to accompany you for the computer viewing and to authorize any copies you want to make.
    Just to see if the 800 Rep was correct, I tried the old walk-in at 9am on a Tuesday. 2 clerks and 1 supervisor all stated the same thing, the 800 Rep has to be HIGH. They would make an appointment for a specific day and time and needed to know if and what C-File Documents I wanted to make copies of.
    As of about the last year or so, your VSR/POA has the ability to access your C-File from the VSO HQ Computer, can see and copy anything you need.
    Then again, you can file a VA FOIA requesting your complete C-File on a searchable CD. Got mine in 8 months mid 2017.
  11. Like
    Gastone got a reaction from broncovet in What medical cost are paid by VA?   
    Only for (no colds, head aches, bloody nose or stubbed toes) actual Emergency Room Stabilization, unless further care is authorized by the Vet's VMC.
    This is not an automatic, the Vet if conscious upon admission to the Non VA Hospital Emergency Dept or his surrogate must notify the Admission staff of his VA VMC needing to be contacted for his Emergency care. This must be done almost immediately, if not sooner. Document the VMC contact person's name and position for verification of Required Notification.
    Once the Emergency is stabilized, a VMC Admission Honcho will determine if the VMC has a Bed and facilities/DR's to address the Vet's post Emergency Care. The VMC will arrange ambulance transportation to the VMC if necessary. Failure to follow the required VMC Notification requirement with in a couple days of the Emergency Admission could result in a Denial of VA Emergency care payment.
    I get all my general  care and Rx's from my VMC but when it comes to invasive medical procedures or life threatening surgeries, I'd opt for the Pros located at the Top Private Hospitals with 1000's of procedures under their belt. Medicare with a full boat B plan (no Rx coverage) covers everything with no Deductibles or Co-pays, for about $150.00 a month thru ARRP's United Healthcare
  12. Like
    Gastone reacted to broncovet in Six Attorney's   
    Gastone...well lawyers need to make a living like everyone else.  
    Im not unhappy when the lawyers got a remand the last time, because the last CAVC decision was a remand which resulted in an award for benefits, when the Board readjuticated per the Remand.     What it meant to me was that when I finally did get paid, the attorney has to refund the EAJA fees she received from the remand.  So I paid 6000 less. 
    CAVC reversals are somewhat rare.  The most common is a remand.  And, what happened in my case BEFORE the CAVC judge remanded this, the VA offered a JMR (Joint motion for remand).  We accepted the JMR, (eventually, that was negotiated between the lawyers.  My lawyer made it clear that (she) would be able to submit new evidence.  We got a voc rehab IMO,
    and then won the remand at the BVA (well won it but I dispute the effective date).  
    Now, Im appealing the effective date, as I allege the BVA got the effective date wrong.  
    Effective dates are very complex, and some attorney's dont even take "claims for eed".  
  13. Like
    Gastone got a reaction from abnrgr88 in awarded TDIU, 90% overall. seeking P&T   
    Then ther's the MI Nam Vet, 72 yrs old, Awarded IU T & P No Future Exams Scheduled, back in 2015 after getting a PTSD Award of 70%. I posted about his Reduction Dilemma, about a month ago. He filed his appeal but will have to wait for a final Decision.
    Everything was fine, 100% Comp monthly, then he file for a New Secondary issue on behalf of his 25 yr old daughter with a learning disability. On the advice of his DAV Rep, he filed even though her condition isn't listed as AO Vet Child's disability. The VSR talked him into filing, hoping for a Hail-Mary Retro Award "IF" the condition ever gets associated with AO in the future.
    The filing of the New Claim got him scheduled for a PTSD Re-Exam C & P. He claims the reduction Letter indicated his PTSD Rating was being lowered to 0% from 70% SC. I can't believe it but I saw the Negative DBQ. The Psychiatrist stated that he still has PTSD but is no longer experiencing any symptoms.
  14. Like
    Gastone got a reaction from broncovet in Should veterans place the percentage desire as part of the initial claim or let the VA decide?   
    Every SC Claim filed is considered by the RO Rating Dept as a Claim for the Maximum Award available, to include 100%, IU and any SMC that the"Evidence of Record" supports.
    You asking for a specific SC % has no impact on your Claim but if it makes you feel better, do it. If eventually you get Awarded an SC at a Rate Lower than you believe is supported by the "EOR", then you immediately file an Official Request for Rating Review attaching the "EOR" that supports the SC % you think is correct.
    If the above doesn't result in an SC Increase within 3 - 4 months, it's then Time to File your NOD requesting a DRO "HEARING!" You actually have to request the DRO Hearing in writing, otherwise you get a Review, no face to face.
    There is a  a New Fast Track RO Appeal procedure that Buck52 posted about last week, it appears to be similar to the DRO Review, minus the DRO. Once you choose it, you're locked in, DRO Reviews or Hearings are off the table. If Denied again by Fast Track Rating Dept Review, your next stop is the BVA Hearing, some 2 to 4 years down range.
  15. Like
    Gastone reacted to broncovet in Should veterans place the percentage desire as part of the initial claim or let the VA decide?   
    While it probably does not matter, I tend to favor asking for the highest percentage allowable by law.  The VA is supposed to do that anyway.  However, its possible to hornswaggle oneself by trying to be "too smart" and telling the rating specialist how to do his or her job.  Some will be offended at that suggestion.  While others may find it helpful, I think its likely to backfire.  
    Reason:
    You dont have the training of a "Rating Service Representative" You may not know about bilateral factors, and a bunch of other stuff, too.  
    While I wont insult any Vet who does this with success, sometimes its better to be thought a fool in silence than to open ones mouth and remove all doubt.  
    Sometimes, less is more.
    Remember, the VA "does not care" what YOU think the rating should be.  Supposedly, its all about whether or not you meet the criteria.  
    However, it may be helpful to point out how you meet the criteria for x percent, by citing medical evidence (Dr. "z" on an exam dated..11-12-2008 stated the Veteran "has abc symptom" consistent with the criteria for x percent)
  16. Like
    Gastone got a reaction from broncovet in ed and more?   
    ED is an SMC K Award, why are you dragging your feet on filing the ED Claim? Start the FDC on your E-Ben site today, don't lose anther month of SMC K, just don't hit the Submit Button yet.
    Have you ever asked your VA Urologist why your Johnson doesn't work? Ask him/her for an ED DBQ, should do the trick, even if your DD won't.                  Semper Fi
     
  17. Like
    Gastone got a reaction from Vync in Will the VA Reduce a rating if you don't stay in therapy for mental health?   
    Check out the VA Rating Reduction requirements for SCs held less than 5 yrs Vs 5+ years, big difference. If you're under 55, your C-File will be Diary Dated for Review every 3 to 5 yrs. If you file a New Claim, your SCs are reviewable at the discretion of the Rater.  You might want to pull all your MHV MH Clinician Treatment Notes, do your Clinicians indicate an improvement?
  18. Thanks
    Gastone got a reaction from Grumpbox in How to OBTAIN C-FIle??   
    Was the PTSD C & P conducted at your VMC? If so, within about a week or so the C & P exam and DBQ should show up in your VMC Medical Records and be available for copies.
    If you have a MHV (My Healthy Vet) account, you can check and download from the Blue Button Med Recs section after about 3 business days, so next Thursday.
  19. Like
    Gastone got a reaction from WomanMarine in Phone call from VA - Appeal Closed - Check on the way?   
    No Bank Account? VA Direct Deposit regardless of the amount is the only way to fly!
  20. Like
    Gastone reacted to broncovet in Ugh applied for tdui and at 90 right now   
    The short answer is we dont know.  
    A guess would be that you have been awarded an extra 30 percent for an increase OR you got a new disabilty rating which resulted in an additional 30 percent.  
    You have  at least 2 choices to find out:
    1.  You can wait for the BBE.  (recommended)
    2.  You can try to call your VSO, who may or may not know, and who may or may not tell you the truth.  
  21. Like
    Gastone got a reaction from broncovet in IU or other options   
    At 2014 DRO Hearing (opted for Informal), after the DRO had told me he was Awarding all my issues including IU, we discussed the large number of IU Claims pending at all ROs.
    He said there has always been an extremely large number of IU Claims filed by Vets who were simply unemployed due to Lay offs, voluntary and involuntary terminations and simple withdrawals from the work force for personal reasons. He believed the Vets simply didn't understand what the IU Rating was all about.
    Every one of the merit-less IU Claims filed had to be afforded the same time and effort by the Rating/Appeal Dept.
    I don't recall ever seeing VA Data regarding Yearly IU Claims Awards, Denials and IU Appeals. Might be interesting.
    Anybody have the  yrly BVA or CAVC IU Reversal numbers?
     
  22. Like
    Gastone got a reaction from broncovet in cp exam said i cant handle money   
    Have you received notification from the VA of a Fiduciary Appointment?
    There is the possibility that you Actually do need a Fiduciary, but you have some options, you aren't necessarily locked into a "For Fee" Fiduciary. A trusted friend or family member that meets the Background and Financial check could be appointed by the VA.
    Once the VA notifies your Bank/Credit Union of the Fid. Appointment, you won't have direct personal access to your account. You should be set up for a VA Fiduciary In-home Social Worker interview in the very near future. Be Prepared.
    I wouldn't be sitting with a Large $$ balance in my Direct Deposit Comp account waiting for the VA Lock-Down to hit.
  23. Thanks
    Gastone got a reaction from EODCMC in Claim started, got diagnosed during process   
    Nothing is brisker than 4 to 6 mos on an FDC Decision. It's your Claim, your Decision to send in more Evidence. You know the Risks of your FDC becoming a Reg A44 Claim which could take up to 18+ months for an Award/Denial Decision.
    Keep in mind, the Rating Dept has had your FDC for "X" months and you haven't been advised of the need for any Additional Supportive Evidence, correct? You really want to take a chance on derailing an about to be, Decision.
  24. Like
    Gastone reacted to broncovet in IU or other options   
    I agree with Gastone.  To get TDIU, you "not only" have to be not working, but your doctor has to say you are "not working" because you have sc disabilities which render you unemployable.  Unemployed does not mean unemployable.  Many people get laid off due to various reasons, and you have to show YOUR reason is because your service connected condtions render it impossible for you to maintain Substantial Gainful employment.  
    I certainly undrstand why you would want to apply now.  After all, you can "see it coming" and you also know it takes a very, very long time for VA to process your claim, and I doubt you want to become homeless waiting on benefits like what happened to me.  
    However, resist the temptaion to file until you are unemployable.  I was finally awarded TDIU..in a BVA deciison in August, 2017.  When did I apply?  Well, 2002.  It took the VA 15 years for mine.  I hope yours does not take that long, and it should not.  
    Filing for TDIU while working "virtually guarantees" you will get stuck in appeals for 5 years.  You "may" be one of the lucky ones who applies for TDIU and gets awarded in a few months, the first go around, but if you apply now, while working, a denial for VA is super easy!  
    Im sure you dont want to hear this, but you need to prepare for battle with VA.  Build up you a savings account equal to what you need to live on for 2 years.  Longer is better.  Example:
    If you are 80% and get 1550 per month, but you need 3500 per month just to pay bills, then you need to have 2000 per month times 24 months, or 48,000 in the bank to keep you from going homeless.  And that wont guarantee it, but you probably have a 50/50 chance.  
    You need to cut your expenses back and sock away a couple grand a month to get ready for battle with VA.  Remember, their employees get paid 2 weeks after they start, but they want you to wait an average of at least 2 years..more if you have to appeal.  
    Remember, dont buy what the politicians say.  The VA's homeless program consists of making as many Veterans homeless as possible, by delaying their benefits as long as possible.  
    Once you understand VA is not a "claimant friendly non adversarial" buddy, but a ruthless foe who will do everything to deny you, then you can go into the ring with VA knowing they are not there to "hug" you and shake your hand.  That is all a ruse to get you to let your gaurd down, so they can knock you out with one punch.  
  25. Like
    Gastone reacted to Berta in CFR's to infer the SMC S.-H.B.   
    http://www.purpleheart.org/ServiceProgram/Training2012/10-M- SMC final.pdf
    and 38 USC  1114 (s)
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