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Berta last won the day on April 22

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About Berta

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    Beautiful hills of NY andwidow of  2 vets, 2 HD each and mother of USAF vet-my daughter, 7 years Top Secret Intel
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  1. I meant the October decision at 90%, as to their Reasons and bases and then also the Evidence list and the rating sheet-for the 90% prior to this newer award you scanned and put here.
  2. I feel the only way VA might consider the NSC disabilities is if you can prove that the SC disabilities aggravated them. This is a good link as to how that can be done. It would probably involve a very strong IMO/IME, however. http://www.vesservices.com/VESWP/wp-content/uploads/2015/10/Course_DMA_Aggravation-Opinions.pdf This M21-1MR link mght help too: https://www.benefits.va.gov/...1/.../1-15-16_Key Changes_M21-1I_1_SecC.docx I believe both Matt Hill and Chris Attorney -great attornys for vets might have more info on "aggravation" claims at their web sites. Others will chime in..... and I need to point out that the GWV presumptives must have been at a level of at least 10% ( by medical evidence) to conform to that part of the Gulf War regs.
  3. Thanks ...I did a restart but ads still there- I have to leave for a few hours or more and will do a full reboot when I get home. Porgee I will follow that advice too.
  4. We aren't here to judge anyone and some members here have had bad paper changed (OTH discharges) changed but fortunately you have an Honorable. Still , as Bronovet said, you will need a stressor and there is an article here under a hadit search I did, as to what a stressor is: ( cant find it but will try later) and also this article by Tbird: https://www.hadit.com/ptsd-stressors/ The stressor will have to be proven. With the problems you had in the Mil, there might well be something in your SMRs or your 201 file ( Inservice personnel file) that would possibly reveal a stressor.
  5. Broncover is correct. There is a lot more to a valid IMO than the key 'as likely as not " wording. It must comply with the main points here: https://community.hadit.com/forums/topic/53826-read-first-if-getting-an-imo/ You mentioned in the profile request to me quite a few disabilities and many chemical exposures. The IMO doctor would have to have expertise to opine on each of them and give a full rationale why they state 'it is as likely as not". Also they should rule out any possible other etiology. Can you scan and attach the remand here (cover C file #, name, address) prior to scanning it. Also can you scan and attach the IMO/IME as well?
  6. They are still popping up Tbird. When I tried to finish some info for Sailorman , ( I had to do research first at google, 7 more popped up, when I tried to give him more info-and had to figure out what I posted before,because I could not read it. Broncovet I appreciate your offer and the subscription price is no problem for me-after all I spend a lot of $$$ 3 every year to have the best access, lots of PC security, Win10 , Office 365 etc, etc primarly to be here every day if I can. I use amazon too ,but it often takes me more time to check regulations, and to research things tht might help someone with a reply. I put it all ito Word and think about it and then it takes mere seconds to post a reply I might have spent considerable time on.My phone calls into the Blog radio shows from time to time, or to Jerrel if I miss his call, cost much more than the subscription. I am not complaining about the ads. It isnt the ads -it isn't the price - it is the fact that they began to cover my posts. I guess if someone reads the post and dont have a subscription they see the ad in the post too...I wonder if Buck still sees them.
  7. Geez- they denied my AO IHD claim at first saying the veteran never had heart disease in service. I sent an IRIS complaint ,the same day I got that, reminding the VA that probably NONE of these first Wave (Ops Rolling Thunder/ Starlight, USMC 1stMarDIV) or,in fact probably no Vietnam vets ever had IHD during their service because they were basically all KIDSwhen most of them went to Vietnam. That denial was reversed in 3 weeks and also awarded not ony the IHD but 2 CUE claims had
  8. The decision definitely seem to show that they considered you as a Gulf War veteran. I dont see that as an issue at all. If the statin drug was prescribed by VA and caused, as they state, the fibromyalgia, you could file for Service connection under 38 Section 1151 for that….or file as secondary to a VA prescribed med. They even denied the necrotizing myopathy for the same reason- statin use- They are correct that hyperlipidemia is not a ratable disability. What do your doctors attribute the hyperlipidemia too? “FYI, just so you that know the muscle weakness due to statin induced medication is incorrect diagnosis. After further genetic studies I was diagnosed with an adult unset of MD. I’m also service connected for Knees, ankles and my back (since 1996). “ (Actually I would go with the 1151 aspect for the fibro and necrotizing myopathy if this was from a VA Prescribed statin med but I think you mentioned here in a past post that all of your medical care is from private doctors…??? If so, 1151 wnt help) If, by MD, you mean muscular dystrophy- is that diagnosis in addition to the necrotizing myopathy and the Fibromyalgia? Muscular Dystrophy has many types- Becker’s MD is a genetic based disease, and regardless of that you have adult onset of MD which means there is probably nothing in your SMRs to prove you have manifestations of MD in service. I am thinking that maybe the fibro manifested the same symptoms as the MD and maybe the fibro diagnosis was all wrong. I hope you realize that VA won’t SC genetic conditions-what is the service nexus for the knees, ankle and back? And the exact diagnosis for each….
  9. It sure looks like the SSDI award is for the SC conditions. If so That would be excellent evidence of TDIU and also if Voc Rehab documented that ,due to your SCs, VOC Rehab is no longer feasible. Sorry I didnt get to this thread sooner. And yes I will sure pray for you! You said: " WE are our BEST Advocate, I learned that the hard way!" Me too , when I had lousy reps in the past- they sure are not all bad, but you are so right!!!
  10. As I requested, when you posted in my profile- please post your questions here in the main forum. Or maybe someone here, who can deal with claims questions by email, will get in touch with you. When you post your question here please give us a hyperlink to, or the Citation # and Docket # of the remand. BVA has them posted for the first 1/4 of 2018 and it might be at the BVA site by now.
  11. "During that time I spoke to a VSO and was told to appeal the decision because my notes from C P Exam were more in line with a higher rating." I agree with the great advice from Broncovet But there might be a third way to handle this.The 90% rating sheet might contain a CUE. ". I was awarded the 100% rating for generalized anxiety disorder and persistent depressive disorder with sleep impairment and bruxism but they effective date is 3/5/2018 instead of 6/27/2017 like my original claim. Is there a way to get the date changed to my original claim." Can you scan and attach the rating sheet here ( cover C file, name ,address prior to scanning it.) With the 90-% did they consider you for TDIU? Or were you employed when they rendered the 90%. Was that a 100% combined rating? Maybe it would be best to scan and attach here the entire older decision to see their Evidence List and how they rationalized the 90% rating.
  12. No- it just means that they have reopened the claims. But it Great that they did. " I have theater service but the VA did not apply my wartime service towards my presumptive disabilities. This error has caused the VA to deny my many benefits. Most recently, my Specially Adapted Housing Grant and Specially monthly compensation claims that were denied in 2014. " Do you mean the Gulf War Presumptives? I gave you a link to them in a prior post you made.... "I recently requested for the VA to reopen based on N&M evidence (being my evaluations proving that I was in desert storm at that time." Was that in your military Personnel Record? I am surprised they missed your incountry GW proof. You might have the basis for a 38 CFR 3.156 claim- Newly Discovered Service Records- searchable here. Is the100% you have now based on one SC or on a combined rating.? SMC is discussed at length in our SMC forum here. Can you scan and attach the SMC denial? (Cover C file, name, prior to scanning it)
  13. Geez- they denied my AO IHD claim at first saying the veteran never had heart disease in service. I sent an IRIS complaint ,the same day I got that, reminding the VA that probably NONE of these first Wave (Ops Rolling Thunder/ Starlight, USMC 1stMarDIV) or,in fact probably no Vietnam vets ever had IHD during their service because they were basically all KIDSwhen most of them went to Vietnam. That denial was reversed in 3 weeks and also awarded -not only the IHD but 2 CUE claims I also had pending for many years. You stated "The PTSD was 30% but should have been 100% from the get go but the information was not looked at. " If they had significant medical info they never considered that is a CUE. I had the same experience. My husband died at 30% PTSD. He had received a SSDI award solely for PTSD ( based on his VA medical records) and they said SSA refused to send them the award info. They lied. VA never sent SSA any authorization form at all- which was still in his C file when he died. I already told the story of how I got this claim awarded. Posthumous accrued award for 100% P & T PTSD with an EED back to 1991 (he died in 1994) and very sizable accrued check.........BUT they coud have made this award in his lifetime, he had 2 hospitalizations for PTSD and considerable other medical info.And the SSDI award.They never read any of it until I went to see his shrink at the VA. The award came a few days before my baby girl left for Lackland AFB. (7 years INTEL USAF). Anything wrong the VA states can be appealed but we all need to watch out for the deadlines.
  14. Thanks Broncovet- I was very hesitant to try it and won't. The thread so far has had 7 ads that cover part of my replies. I dont mind the regular ads but I sure wont pay for a subscription get them off of my replies.....that sort of defeats my reason to be here. If they pop up again in any threads I am in and want to post a reply- I will just not even bother to leave a reply.
  15. Ben Krause ( vet attorney/advocate, just sent out some more info on this- https://www.disabledveterans.org/2018/04/21/anthrax-vaccine-five-things-need-know-leaked-army-memo/

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