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Jim MAC
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Posts posted by Jim MAC
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So far Roanoke has been hit or miss. Miss at the local level Hit at the DRO level
and DRO hearing Level. DROs have given me almost all things I have asked for
Jim
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I went for a follow up vist with my primary care physcian as we were talking he said i sounded a little depressed. We were talking about problems on my job due to SC disablties. He gave me some pills I thought nothing of it now today I get a letter in the mail for a appt at mental health. I am not rated for mental health reason I never claimned any mental condtions. What happens if I no show? Do I have to go
Thanks all
Jim
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Pilgrim
I work fridays, Will look at next week I work for US Airways Express and got them good days off. You know Monday and tuesdays lol. Well you will learn a lot from this site. its your claim to work no one cares for your claim more then you due. I know you went thru AMvets but as far as they are concerned you are rated ar 40 percent and they count that as a win, now they will move to the next group of vets going thru transation training. I went thru DAV they did a good look and filed for everything in my SMRS. can back 50 percent for sleep apena 10 percent for acid refules with hital hernia and 10 percent for tituntis. If it was not for hadit I would no nothing about appeals NODs etc ( VA must hate the internet.) Berta gave me a sample of a NOD and I been off to the races since. Now that you are SC there are not a lot of forms to fill out. if you want to file for the rest a simple letter will work. First thing you need to due is take a copy of your award letter and go to the VAMC in Hampton and register for VA care. I get all my care there. I do have a great DR. I get better care there then I ever got in the USAF. The reason I like useing the VAMC is now the VA has a record of all my care and they can not reduce letter on saying I have not been ill in a while.
Here is a copy of a NOD I have used and got got results with work on yours post it here and the good people and hadit will make some suggestions;
Jim
Department Of Veterans Affairs
VA Regional Office
210 Franklin RD
Roanoke VA 24011
Attention xxxxxxxxx
Dear Sir
Reply to xxxxxxxxxx
1, I received a rating decision dated 2 August 2008. Consider this letter to be an official “Notice of Disagreement” (NOD) regarding the following Decision. I am requesting a DE NOVO review by a new Decision review officer. I wish that the new Decision review officer use Sec. 4.3 Resolution of reasonable doubt. It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant
2. My shoulder, Sinusitis and back condition have gotten worse. I received all of my treatment both scheduled and emergency room at the VA Medical center in Hampton Virginia. Yet when I look at the list of evidence used to decide my case my records from the VA medical records are not included why?
3. My claim for tension headaches was decided without a C+ P exam or a review of my medical records at the VA medial center in Hampton
4. I have no other records other then the ones at the VA medical center please expedite this claim I have enclosed a copy of my DD form 215 which shows I am a Veteran of the Global war on terrorism
5. I fully intend to continue to appeal any further denials of this claim
V/R
JIM MAC
VA Claim Number xxx-xx-xxxx
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I guess I'll have to file a Request for Reconsideration with the X-rays and MRIs and see what happens.....
Now, since I am at 40% (30, 10), how do they re-calculate? Let's say they give me 20% more, do they calculate 40% and the new 20% or do the do the whole calculation over (30, 10, and now 20). I know they start high and go lower for the numbers.
Pilgrim
Who ever told you 30 + 10 = 40 lied to you. Your first grade teacher lied to you. You are now going to get your first lesson in VA MATH, 30 + 10 =37 in VA math but they do roundit up to 40 so you following so far. Now you are sitting at 37 percent. If you get a additional 20 percent you think it would be 57 percent oh no pilgrim. We have to use the magic VA math and start over 30 + 20 + 10 = 60 But in VA math it is 50.4 rounded down so they great VA math screws you and pays you at 50 percent.
let me give you an example I am rated at 50+30+30+10+10+10+10 that = 150 when I went to school. BUT IN VA MATH that = 83.95 so they round it down again to 80 percent.
So thats why you just got to keep fighting and fighting. You live in Hampton?
Maybe we can get together for lunch tomorow I know where u work meet up at BK on base.
Jim
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Rental
All I can say is congrats and now just get the retro they owe u
Jim
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Cowgirl question of the day
What is the formula that determines the VA waiver amount of money from retired pay? Can someone here break it out?
Thank you ~ !
Cg'up2009!
p.s. Its not the 'withheld amount'.
Cowgirl
Call this number 1-877-327-4457 when the answering machine answers press 1 twice. You will get a live operator. Be nice and saY whers my MONEY. They will send a message out to check your money and DFAS will send you what they owe you in about 6 weeks. I got 3500 after taxes last time.
Good Luck
jim
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HAH! Pete, I pay (WITH my exemption!) $4500 a year in taxes on a $105000 house. That doesn't include garbage or water (another $80 a month). I don't know Texas taxes, but I have friends in LosAngeles that can see the ocean from their condo (that is worth $400000) and they pay less than I do.
Quint
I did a tour of Duty as a Recuriter upstae NY (Owego) Always wanted to retire there but you scare me with the taxes. I thought 3600 a year was a lot here in VA. My brother and sister live on Long island and pay over 10,000 a year. No way would I do that. My sister paid off her house after her husband died and she still has almost a 900 a month bill. I would never live there
jim
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Thanks, Pete!
Pilgram
Let us know what you were rated on and what the rateing is. Then we can attack from there.
Jim
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Everyone,
I also called AMVETS to ask them a question and the lady that helped me file my claim said I should never call or contact the VA and to only go through her. I didn't ask her if I was legally bound though because she did help me get the current rating that I am waiting on. I didn't want her to feel as if I used her services, now I'm gone. I wonder if I filed my appeal through the DAV or whatever, would AMVETS take any kind of action?
Jim Mac, do you know?
Pilgrim
Never heard of that. I still have the DAV as my POC. But I do all my research and my own NODS and have been very sucesuffly useing hadit. Remember nobody cares more about your claim then you.
You can keep amvets informned. I call the 1800 number 2 times a month.
Jim
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Congrats
I love to read about wins
Jim
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When you get your award letter let me know. I am about 4 miles from where you work. I have a template I use for the NOD (bertha gave it to me.) We can meet for lunch You buying of course and due your NOD. Then we post it to hadit they make some great suggestions and off it goes. Have you spent anytime in the gulf? If so go get a gulf war physcial ASAP best thing I ever did.
Jim
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Pete992
Congrats I need to right down that number
jim
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I had a great FIRST DAV rep. After that I just use the great people here at hadit.
I do use DAV for moral support at my hearings. I did screw up and listen to them the day of my traveling hearing for one of my claims. Search my post how to screw up a BVA hearing
Jim
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I honestly don't see what a small amount is going to do .
I will use mine to pay my State Income Tax.
Oh, Well.
Betty
The way cigs taxes are going up I may use mine to buy 4 cartons of smokes
Jim
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Thanks, all!
Broncovet, that long of a wait does not apply to a person just retiring from the military.
Sharon, what's funny is I asked her if she could see anything regarding my rating and she said "no". She was really nice. She actually told me that I should hear something in the next couple of weeks. Go figure. :-)
I'm going to use IRIS now.
pilgrim
I have lots of sucess by calling the 1800 number and asking them my curent rateing. Call the 1800 number and ask them what your curent rateing is. Remember as a retire you need 50 percent for CRDP.
Jim
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Sleep Apnea is hard to get SC for I was lucky I was arguing with my wife ( we were marriead about 1 year at the time) she said that I snored so loud and stoped breathing. I was on active duty then so I went and saw a DR who sent me out for a sleep study. This Dr (Air Force) was the first Dr who did more then give me mortrin and send me back to work. O had my sleep study dodne while I was on termnal leave. I was grantes 50 percent for sleep apena with use of a CPAP it does take awhile to get used 2. Sometimes I go to bed without wearing it and my wife will wake me up to put it on. Its going to take some work to get yours SC but I would try it get lots of buddy statements. Did you get in trouble in the military for oversleeping? Falling asleep on duty.
Jim
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If it take 10 years its a disgrace. This is the way I look at it. I started my claim in 2004 when I was 42 years old. Its now 2009 and I am 48 years old. So it took 5 years so far but guess what I still be 48 years old if I had given up. Never give up I had the DAV talk me out of one claim the day of my traveling board that will never happen again. NEVER GIVE UP
V/R
Jim
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There was no legal standard set there, it worked for the OP and the judge bought it, besides the child graduated so I suspect the kid was coming upon age 18 very soon so the support would end anyhooo.
My x also kept the support when the last moved out upon age 18 to the day, boy was the X pissed to find her check no longer in the mail.......it also went into my daughters hand until the last day of HS, then Chptr 35 kicked in and they lived happily ever after.
R
Some states like NY make you pay child support till the child is 21 years old. Others like NJ make you pay intill the child is on there own and finshed colleage god help you if they goon the 8 year plan for a 2 year degree
jim
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Too many cancer patients suffer financial hardship way way too long because of the VA's long lengthy claim system. The peak's and valleys, doing better-doing terrible, the VA Regional Offices just can not keep up. Once service connection is granted (especially) they need to expedite payment of benefits. Possibly--the solution partially may be to centralize cancer claims within two or more regional offices?? Regardless, doing better or worse in level of disability--I would much rather see the VARO error on behalf of the veteran, such as paying them 100% until they have been in remission at least 5 years (example), then pay permanent rating of a fair percentage(?)
VMO
Every six months the VA claims I am cancer free. Only the VA says you are cancer free after 6 months.
jim
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Uh.....wow. There would be hell to pay if my ex-husband tried that. Sorry. School money is for school, support money is for support.
Purple
My ex wife kept the child support money after my daughter moved out. I went to court and the judge alloweed me to pay my child support diretly to my daughter.
The only person who lost out was my ex and she is still bitter about missing part of my miltary retainer pay by 8 days.
Jim
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I assume this is the 30 response form?
I think it is a Very good idea to list on this form and tell them exactly what evidence they have (or should have)
amd make sure you tell them of anything they did not list as evidence in the decision and then refer to it and enclose it again.
I agree completely with broncovets advise -the NOD should be separate from this response form.
A NOD can become a very viable avenue of attack.
You did raise some good points in the NOD you posted here-
send any evidence you can to support what you stated.
Sharon is right too- send them any evidence that your home is in jeopardy etc-
so many people these days are behind in mortgages etc that they might not consider what you said to be strong enough for hardship. Tell them anything else they need to know- has your electric co threatened shut off? things like that- enclose the shut off notice etc.
Also this appears to be a TDIU claim so as Sharon said-
focus on exactly why the SC disability renders you unable to work.
Such as side affect of meds,--- do not take and drive, do not use heavy equipment, can cause confusion., etc and personnel problems that ypur disability might have caused you at work, etc-any accomodation problems to your disability, and if VA Voc Rehab has ever turned you down DUE solely to you SC-make sure they know that and provide those records.
A vet who is un Voc Rehabable per VA voc rehab solely due to their SC is a TDIU vet who should receive TDIU 100% comp.
Thanks All
But we have been overcome by events. When we did the intial NOD in January I never thought Roanoke RO would move this quick. He got a letter in the mail today advsing him that his hearing is scheduled for April 30th. Man he got a hearing date in less the 4 months we did send in copys of his late house payments thou.
Jim
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Clown Man
You explanied it better then I could. First VA retro check was 15,560 said they were paying me for housebound? Was not housebound but since one Disabilty was rated at 100 percent and they combined other disabiltys were rated at over 60 percent I got some extra money. Could not figure that out thou.
Jim
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any suggestions on this NOD would be greatly appreacted
jim
Department Of Veterans Affairs
VA Regional Office
210 Franklin RD
Roanoke VA 24011
Dear Sir
RE xxxxx
CSS xxxxx
1, I received the 2 letters both dated February 12, 2009. This letter is to inform you that I have no other evidence to submit at this time and to please rate my appeal as soon as possible.
2 xxxxxxxx, Provost of xxxx University said in her statement that my employment ended in the Voluntary surrender of the xxxxxxx Center FAA certificate which resulted in the closing of the center. What she did not state is that my staff and I were fired and that the center is in the process of being reopened. xxxxx UNIVERSITY SURRENDERD its FAA certificate I did not. I was replaced due to my inability to run the school on a day to day basis. The xxxxxn University xxxxx center is now is the planning stages to be reopened and under a new director. This can be verified with a simple phone call to the xxxxxxx center the number is (xxxx) xxxxxxxx
3. Please consider this a hardship request as and make my decision ASAP as I am unable to find employment due to my service connected disabilities and I am now 2 months behind on my house payment. I fully intend to continue to appeal any further denials of this claim
V/R
xxxxxxxx
VA Claim Number xxxxxxxxxx
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As some of you might know I won my claim for 100 percent temporarey rateing for my skin cancer ( still fighting the effect date thou.) I was rated 100 percent from january 08 thru January 09 Got my back pay from the VA I was fat dumb and happy. Then yesterday I got a statement in the mail from DFAS for over 4,500 dollars taxable thou. It seams under the CRDP I got back the difference from 80 percent to 100 percent for the year, Since I was 100 percent there is no DFAS offset. Needless to say that made my day and another credit card bites the dust. Thanks hadit. If I did not find this website I still be at 60 percent and my 1 year time line for appeals would have been gone. Like you all say we are responabile for our own claims. Now the DAV was good for just doing my intial claim but hadit is responabile for all my winning claims.
V/R
Jim
Mental Health
in VA Disability Claims Research
Posted
Thabks All
Guess I take my coca pops and go, Got to laugh at myself. I always said as far as medical care my DR at the VAMC beats the health care I had for 24 years in USAF hands down. The pills he has put me on is paroxetine. anybody know anything about them, Berta can't afford to retire right now child support to high
jim