Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
  
 Read Disability Claims Articles 
 Search | View All Forums | Donate | Blogs | New Users | Rules 

Gastone

Master Chief Petty Officer
  • Posts

    3,448
  • Joined

  • Last visited

  • Days Won

    97

Reputation Activity

  1. Like
    Gastone got a reaction from Andyman73 in Thank you to everyone who helped me! 100% P&T   
    We're proud of you and happy for your win.
    If I sounded negative on occasion, I trust you understand that I prefer to address Vet Comp issues with an eye towards possible problems, rather than just agreeing.
    I tuned into your claim back in March or April when you posted your MST/PTSD DBQ. Had I taken the time to read your 1st post where you discussed the "In Service MST/PTSD Markers" present in your MSR's, I would have had a much different opinion of the strength of your claim.
    Of course, not knowing anything about the NEW or even OLD VA MST/PTSD Raters Guidelines didn't help. I have to say that I came away from your MST/PTSD Claim with a much better understanding of what's necessary to help another Male or Female Vet prosecute their claim.
    You can now start thinking about kicking yourself in the butt for not Filing and getting a PTSD Denial 10 - 15 years ago. The VA would have to deliver your RETRO $$ in a dump truck.
    Be Wee
    Semper Fi
  2. Like
    Gastone got a reaction from DSIG in How Is Tinnitus Tested By The Va For Compensation Purposes?   
    New Meat, Boots and VA SC Claims. There is no such thing as a "Stupid Question" post. If your not sure, ask the question, another Vet will point you in the right direction.

    Hadit is a Vet helping other Vets site. New members not making the mistakes Senior members made, is what it's all about.

    Semper Fi

    Gastone
  3. Haha
    Gastone got a reaction from Kihr in Where to find the phone number for eBenefits   
    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?
     
  4. Like
    Gastone got a reaction from broncovet in Deleted   
    Switched back to Viagra as their VA ED RX formulary back in 13 or 14.  If one gives use a problem, Secure Msg your VA PCP, they'd let you take a run at the Cialis.
    You never got more than, as I recall (2) large Pills that needed to be split. PCP could refer you to the VMC Urologist to address trying the Vac Pump or Suppository you use for the private Insertion that worked but seems to lite you and your friend/wife on a bit of a burn sensation.
    Remember, if it last past the 2/4 hrs, you THE MAN! The VA has decided that you only need to get your ashes hauled 4 times per month.
  5. Like
    Gastone got a reaction from broncovet in Deleted   
    RW, copy that. Remember the days of the old "Diamond Cutter?" We thought they'd never end. Went from walking around with a "Deadly Weapon," to a "DEAD WEAPON."
    God certainly has a sense of humor.
    Semper Fi
  6. Like
    Gastone got a reaction from usmcWARdog in Pending Decision Approval Status   
    I don't personally believe in "Luck," in regards to VA Claims Awards. The Rating you received is what you are due and is the result of your determination and perseverance.
    Be sure to avail yourself of all the "Scheduler 100% SC &/or IU T & P" associated Benefits. IE: State DAV Property Tax Exemption, VA (Under 65) Free $10K Life Ins policy, CHAMPVA , DOD Card Commissary privileges, State DAV Driver's Lic and Plate Fee Exemption. to name a few.
    Wouldn't be a bad idea to review the VA SMC S (1), Statutory Housebound Rating requirements, for future reference.
    Semper Fi
     
  7. Like
    Gastone got a reaction from MarkInTexas in How Is Tinnitus Tested By The Va For Compensation Purposes?   
    No real tests for Tinnitus. Your self-described symptoms, MOS are basically what it comes down to. If your MSRs show combat exposure and your MOS backs up your exposure claim, shouldn't be hard to get SC.

    To the best of my knowledge, all Military Branches incorporated hearing protection beginning around 1975 or so. In mid 60's no hearing protection was offered to Marines other than Air-wing. I think it was the same for Army. After 1975, Hearing protection was mandatory for all non combat firearms training. It will come down to how plausible your linkage to your Service Exposure is.

    With that said, if you've had substantial Exposure to LOUD Noise since your service days, that could be a bit of a problem.

    Semper Fi

    Gastone
  8. Like
    Gastone got a reaction from paulcolrain in Case with veteran law judge   
    A-N, if I had feelings, saying I "misspeak" would bruise my feelings. Somebody, not you recently talked about he was not concerned with the Award or Retro $$. Only thing I can think you might be needing, is "MO Time" to enjoy the fruits of your VA IL Greenhouse, the size of a 2nd home. 
    The clock just keeps cranking, try to enjoy some time for yourself, I'm trying with whatever time is left. Seems like all of a sudden, I'm more jamming as much with my Grandkids under 6, just for their positive memories. However, as of today, I have forbidden them to address out loud that I may be guilty of "Mispeakean."
  9. Thanks
    Gastone reacted to FormerMember in Case with veteran law judge   
    This forum is unlike any other in its civility, respect for one another and general helpfulness. Learn everything you can so you can pay it forward for others. Always remember, there was a time when I was dumber than the dumbest of you. Sadly, I remained that way from '89 to 2007. I summarized it crudely in the beginning with the logo Win or Die. Now we know how to win so there is no reason to die trying. My website teaches by finding really excellent examples of common errors. I respect each and everyone here for their interest in helping. Always temper that with the suffix "correctly". Collectively, using this site and mine, there is no reason to lose. Your contentions may fall on deaf ears for a spell but eventually, at the next or the highest level, you'll prevail. We always do or you'd see more folks here with never-ending sob stories--- after we gave them advice.  
  10. Thanks
    Gastone reacted to FormerMember in Case with veteran law judge   
    Gastone, my friend I'm afraid you misspeak. Even though I personally do not need the money due to my being blessed, think about this a little more deeply first. There is always a "back story" no one considers unless they walk the walk themselves.
    When I began doing this after accreditation, I had many waiting who wanted me to help them. A brand new lawyer would not have that luxury. He would hang his shingle out and begin accepting clients. But remember... to get that Juris Doctorate degree, he had to graduate from a four year college and then graduate from three years of law school. My son just did this. VA paid the first 4 years- sort of- at about $925 a month.. He  had to rent, eat and pay for electricity/water/trash/car insurance, gas, cell phone service-and whiskey. After graduation, he had to study 4 months and sit for the bar exam. Then find a job. If he'd gone into VA practice solo, he'd have to come up with the $ to lease a place, hire a secretary and equip an office with copy/scan/fax and VBMS access. He'd have to advertise, too. And  have to take two weeks of training for VBMS to "graduate" and then 6 weeks for the Criminal background investigation etc. It took me a year from my VAF 21 filing. I had to prove I was medically and physically capable.
    My son has a Pell grant for his education. It's about $200,000 @4.8% interest annually. A monthly payment is huge- like another house payment. Don't tell Cupcake but I "loan" him $ every time I see him. He can't even afford cable tv yet. 
    Now let's talk about making money. From my first client, a 94 yr. old Marine Infantryman who had PTSD since 1944, I filed a NOD for increase from 30% to 100%. That was after I filed his claim for free. I won with a private shrink IMO six months later. That was another $2 K out of my pocket temporarily. VA makes you wait 60 days just in case the Veteran files a complaint that the lawdog screwed him. They take two weeks after that win date just to enter it into VBMS to begin the 60-day start date. About 70 days later,  I call up my CMA Tina and ask when I'm going to see the $. A week later, she calls me back or emails and says I should be hearing from the Attorney/Agent Fee Coordinator (AAFC) soon. A week later I get that call. Dennis says there's a time lag from the time he "certifies" that it is a valid "Debt" the govt. owes me until I'm gonna get the $. Turns out, he just certified it before he called me- but only because Tina assured him it was overdue. Time lag now? Another one month and one week average to seeing it deposited in your account. Oh, and I forgot. VA deducts $100 from us for "VA processing and handling charges". So, from the day of the client's win to the day I see it in my acct. is 107 days -give or take a week. That's just one client sir. I won one at the BVA on 3/18/18. VA rated him 6/27/18. I don't even see the payment to the Vet entered yet. I'll be lucky if I get that by Christmas. Getting your $ out of the VA, if you're a leagle beagle, is like pulling teeth out of a live alligator. Imagine having to call twice a week and remind them they owe you $. That subtracts time from representing other Vets. 
    Trust me when I say the attorney or the agent needs the money just as much as the Veteran does. If it goes on appeal to the BVA, it's going to be four years from the day you filed the NOD, if you're lucky, to get to the point where you wait that extra 107 days for the retro. And to be clear, you don't get the retro for the 107 days. You get 20% -less $100- from the day of the decision in the Vet's favor. And no. We do not get EAJA fees for representation at the BVA-only the CAVC. It's not all champagne and roses by a long shot. Personally, if I didn't have the VA comp/SSI, I couldn't even imagine doing this for a real peanut butter and jelly sandwich living. If I were a real attorney, I'd have to ask myself why I was struggling to get paid 20% 3 1/2 months after a four year delay in justice when I could charge 40% chasing ambulances and get paid two weeks after the insurance co. agreed to settle out of court- and without that stupid $100 donation to the VA Christmas Bonus fund.
    But I will say you couldn't pay me enough to quit doing this. I hate what they do to Vets. I will die with my fingers on my keyboard.
  11. Like
    Gastone got a reaction from Vync in Chiropractic care   
    My VMC Pain Center opened Chiropractic, Full Acupressure Needle services back in 12/2016. You can get a Full (8 to 12 Needles) Needling about every 3 weeks, I all so took advantage of both full Needling and the Ear Combat pin insertions, about (6) Metal or Japanese ear pins.
    Besides the Acupuncture that really helps, I took advantage of the 2016 VMC Essential Oil Pain topical oil mix. A private Podiatrist sold me $30 for a 30 day Oil Mix that seems to help. When the VMC started the Essential Oils, it actually worked better for the chronic night Neuropathy pain.
    The Essential oil mix, about 5 oils mixed with an Alow Oil Carrier, is supplied within 2 days, you receive a large 60 day supply by the MH RN in the MH Dept. You have to request a referral to the MH RN for essential oil by your VMC PCP.
  12. Thanks
    Gastone got a reaction from Doc8482M8404 in Chiropractic care   
    My VMC Pain Center opened Chiropractic, Full Acupressure Needle services back in 12/2016. You can get a Full (8 to 12 Needles) Needling about every 3 weeks, I all so took advantage of both full Needling and the Ear Combat pin insertions, about (6) Metal or Japanese ear pins.
    Besides the Acupuncture that really helps, I took advantage of the 2016 VMC Essential Oil Pain topical oil mix. A private Podiatrist sold me $30 for a 30 day Oil Mix that seems to help. When the VMC started the Essential Oils, it actually worked better for the chronic night Neuropathy pain.
    The Essential oil mix, about 5 oils mixed with an Alow Oil Carrier, is supplied within 2 days, you receive a large 60 day supply by the MH RN in the MH Dept. You have to request a referral to the MH RN for essential oil by your VMC PCP.
  13. Like
    Gastone reacted to pwrslm in Which regulation prohibits the recording of C&P exams?   
    The reason you take notes when you cannot record is because then you have them to submit as support in your lay statement. If they do not have the correct tools to measure ROM, put it in your notes. If they dont test Range of Motion (ROM) according to the DBQ, put it in your notes. If they dont ask you to do repetitive stressing, put it in your notes. In the end, what you have in your notes are far better and more accurate than what you remember in a week, or two, or twenty.
     
    The lay statement attesting that the examiner failed to perform according to the requirements in the DBQ that comes from an eye witness is enough to get a new C&P exam. Or you can go get one on your own and prove that the original examiner screwed up. Then you destroy his credibility and its a sure fire win.  

    In Florida, both parties must agree to allow the recording. If you ask and the examiner agrees then go for it. Most of them will not allow it. I have been told by the examiners at my past exams that my spouse cannot go in. That means no witnesses. That leaves you and your notebook and pencil with the guy that does not want accountability. They can not stop you from taking notes during the exam.

    Edit
    I would go so far as to say taking a copy of the DBQ form into the exam with you to use for note taking would be a very good idea.
  14. Thanks
    Gastone reacted to FormerMember in Sending out an SOS   
    The metric now is layered, First, for PTSD, you would have to be in a place where there was a reasonable chance of bodily harm-either by incoming ordnance or being attacked/overrun. Being in Saudi Arabia at an Air Base and getting PTSD from fear the Taliban was going to fly over to Riyadh, rent a car and suicide bomb you would not be considered a credible stressor. That would probably be to Afstan now, maybe Iraq. That is called your stressor. The JRRC will run you to make sure you were where you say you were. Step One completed ( VAF 21-0781). If it were a MST claim, you  don't need proof of in-service event. Just the 0781. 
    Next, I let VA's shrinks fly at it with the "independent medical exam" to discover... yep... not at least as likely as not related to service. You lose. I then get my private psychologists/psychiatrists hired guns to review all the records and I do mean ALL. C-file VBMS, Virtual VA, any paper, VistA, CAPRI- the whole nine yards including STRs/ combat medals, # of deployments/ time total in country. The psych opines yes but uses VA's exam to cite to what they (VA) did wrong or forgot to take into account. That's the art of rebuttal in the ex parte arena. You always make sure you-Johnny Vet- get the last word in. Figure out why you lost and rebut it. If VA tries to rebut you, you re-rebut them.
    Now you have equipoise. One IMO for and one against. Both parties have read the entire c-files and have no superior position. Mariano v. Principi says you cannot develop negative evidence against my client. Since the evidence for is in equipoise with to the evidence against, there is no need to gather more evidence. §3.102 is for application which gives you the benefit of the doubt and you win. 
    That's really how simple this is.
    File.
    Lose.
    Figure out why.
    Hire agent/atty. or go pro se.
    Get IMO. 
    File NOD and new IMO.
    Sit back and remodel the kitchen or convert the garage into a bedroom and rent out to Air B'nB.
    Win.
    Get new c&p to determine first rating
    File NOD with rating and ask for increase.
    Win higher rating but file new NOD for higher rating.
    Get SOC.
    File VA 9 w/i 60 days.
    Sit back and redo back patio. Put in waterfall and Koi pond.
    Opt in to RAMP (no new evidence)
    Win at BVA several years later. 
    One thing I note. If you file for bent brain, you need, at a minimum, a psychologist. A medical doctor cannot opine on mental issues. 
     
  15. Thanks
    Gastone reacted to Berta in Accredited Agent   
    Yes- anyone can represent a veteran on a  one time basis but cannot charge for their help::
    https://www.mcguffey.net/pdf/Who Can Legally Assist With Veterans Claims.pdf
    In part:
    "The law is very specific. Only the following persons may legally assist a claimant in filing
    a claim for veterans benefits:
    • A VA accredited attorney;
    • A VA accredited agent;
    • A Veterans Service Organization;
    • A VA Regional Office representative;
    • A private individual with one-time permission to assist only one claimant. "
    The info is from 2012 but as far as I know, has never changed.
    I think the private individual has to get "permission" from the RO  or maybe General Counsel.
    But if the private individual has no solid understanding of  VA case law, what help could they provide?
    If it is a fairly easy claim, all the help you need is here.
    If it is a complex claim, you do not want anyone with a lack of VA 101 knowledge 'helping' you.
    You asked:
    "Is there any prohibition that a veteran is helped or advised on filing disability claims by a friend who is not charging the veteran and is doing so on a  friendly basis without any expectancy for compensation."
    That is exactly what we do here and have been doing since 1997.
     
  16. Like
    Gastone got a reaction from Ddsr in IU and Employment Questionaire   
    The Income/Employment Verification Letter just came back on-line in 2015. Got mine 7/15/15, my IU anniversary date was 06/29/14.
    The requirement of the Vet to supply the Verification form, was never suspended, the VA just stopped mailing them out for about 6+ years. If a Vet is 69+ he is no-longer required to file the form.
    If you haven't filed the form in years, and the VA hasn't jumped ugly, good for you. BUT, failure to file it, is grounds for the Rating Dept to propose a Reduction back to your Pre-IU SC Rating. The Form takes less than 10 min to complete, better safe than sorry.
    Many Vets think the T & P, No future Exams Scheduled, on their IU Award Letter, refers to the IU Award. It only refers to your Medical SC's, IU is never Permanent till the 20Yr Anniversary date. You show or it gets reported that you've had 12 consecutive months of above SGI level earned income, you'll be up for an IU Reduction.
    Semper Fi
  17. Like
    Gastone got a reaction from Ddsr in TDIU Question   
    At my VA DRO "Informal" Hearing 06/14, the DRO & I were discussing IU qualifications, after he had advised me that he was awarding my IU from 12. He said that the VA gets a large number of IU Claims from Vets that are just out of work, on unemployment and/or are under employed. In general, none of these Vets meet the IU requirements, primarily being their SC precludes them from being capable of doing even Sedentary work that "COULD" provide earnings in excess of the VA SGI $12,400 if under 65 yr. That's $238.46 per week, $5.96 per hr for 40 hrs, an unlivable wage I'd say but that's the number.
    Is your MH SC for PTSD 70%? You could request that a VA Psychiatrist in your VMC MH Dept complete a PTSD DBQ. VA Directives back in 14, stipulated that your treating Psychiatrist or Psychologist PhD, couldn't complete the requested DBQ, they had to hand off your request to another Psychiatrist that was not involved with your MH treatment. VA realized a Vet could get pissed of at his Dr for a bad DBQ. Use your MHV Secure Msg to request the PTSD DBQ.
    Lastly and as far as I'm concerned, the most important thing you could and should do is, apply to the VA Vocational Rehabilitation Dept. In as little as 2 meetings, a Professional VA Employment Councilor could determine if you are "Currently" Unemployable and unable to do even Sedentary work, which would qualify you for an IU Rating.
    The VA Voc Rehab Denial Letter, submitted as N & M Evidence, got my DRO IU Award.
    Semper Fi
     
  18. Like
    Gastone got a reaction from Ddsr in Individual unemployment. Want to work   
    Once your Rated IU, the VA promotes you attempting to return to work. Not only would it be good for your Head but you may actually be able to come off the IU Rolls.
    This is the critical part, if you have Earned income above the SGI ($12,400 under 65) for (12 Consecutive Uninterrupted Months), you could find yourself up for a reduction back to your 90% Rate.  If you have to take time off due to your IU Issues or your employer has to make Special Accommodations for your SC Disabilities, you're still good to go for IU.
    You don't have to go back to a job that was giving you grief, try your hand at something else. I was IU for 4 yrs, working part-time at my Self-Employment before I retired at the end of 15. A few mos later got an SC Bump for SA to 100%.
    Each year you're rated IU, (up to age 70) you are required to complete a VA 21-2140 within 60 days of your IU Anniversary Date, even if you don't receive it in the mail. Failure to complete and return can put you up for a reduction back to your 90%. Be very accurate and timely in your filing. Request Verification of Receipt, why take a chance. Semper Fi
  19. Like
    Gastone got a reaction from acesup in It's Official! Awesome BVA Decision Received. Appeal for EED?   
    The BVA Decision Clock Appeal for the CAVC Starts Ticking! Your VA lawyer should have addressed the trip to CAVC already, this is where Legal Fees get Awarded on outright Wins or Remand Decisions back to RO.
    A friend got his BVA Denial (repped by VLC, DC) for SMC K Remanded by the CAVC, Legal Fees $16K paid by VBA, his final RO Remand Award netted him about $7K for the 6-year Appeal wait.  No, For Fee legal Firm would have ever signed on to rep him, he was turned away by (2) well-known Firms.
  20. Like
    Gastone got a reaction from acesup in After 9 Years, BVA Finally (Mostly) Granted, Drop Remand Issues?   
    You should "Always" listen to your Attorney's council. I think you forgot to mention the "VA Lawyer," Representation. 
    Just for discussion purposes, what prompted you to seek outside non-Lawyer opinions regarding moving forward with BVA Remands? 
  21. Like
    Gastone got a reaction from Kelly Severance in BVA granted PTSD -REmanded TDUI   
    Much clearer, you are not IU Yet. Your MH Conditions that were Remanded must be re-examined and Rated by your RO. At that point, If you have filed an IU Claim Based on the "Inferred IU" notification, your IU Award can then be determined.
    These are the problems that are caused by limited BVA Decision information. Post a redacted copy of your BVA DOCKET Decision, let us do some interpretation for you.
  22. Like
    Gastone got a reaction from Vync in After 9 Years, BVA Finally (Mostly) Granted, Drop Remand Issues?   
    Wait for the actual Award Letter for clarification, there's no reason to rush anything on the Remands. What SC's got the IU Award? Did you receive the SMC S Housebound Award? Any mention of "T & P No Future Exams" or eligibility for Dependant CHAMPVA ?
    You're 64, the yearly filing of the 21-4140 is required till you hit 69. The IU Award is not etched in Stone until you hold the Award for 20 Years. Before you hit 65, file for the (1) Free $10K Whole life policy. You can get (2) more DAV $10K policies at prices you can't currently touch in the open market. 
  23. Like
    Gastone got a reaction from broncovet in DRO Hearing Aug. 6 in WACO, need advice   
    You're at the 11th Hour, way to late for FOIA Filings.
    As to the Twins at the Legal Team, don't count on them if you've had no contact or request to sign a Retainer. Probably not enough estimated Retro $Ks to interest them.
    If you don't already have a POA-VSO located at your RO, that's something you can address immediately. All RO POA-VSO's have DRO Hearing Specialists that will attend the Hearing and assist you. Just don't expect the VSO Hearing Rep to request to meet in advance of your Hearing Date. Don't sweat it, if it doesn't go your way, you still have the BVA.
    I did this and it might serve you well. Before the DRO Swears you in, ask if you could have an Informal Evidence Conference. We stayed Informal for 35 min, he awarded all issues from a 2010 NOD and an IU NOD from 2012. I had a copy of the DRO Award Letter the same afternoon at 3:00 pm.
  24. 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.
  25. Thanks
    Gastone got a reaction from Navy4life in what the heck   
    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?
×
×
  • Create New...

Important Information

Guidelines and Terms of Use