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Berta

HadIt.com Elder
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Berta last won the day on February 18

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About Berta

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    PLEASE post questions in the main Forums
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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 just found this statement in 3 recent BVA decisions" "In addition, for veterans who have served 90 days or more of active service during a war period or after December 31, 1946, certain chronic disabilities, including nephritis, are presumed to have been incurred in service if they manifested to a degree of 10 percent or more within one year from the date of separation from service. 38 U.S.C.A. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.307, 3.309. I know you served "after December 31, 1946". I assume you served for more than 90 Days. Others will chime in.... those recent decision add : "In addition, for veterans who have served 90 days or more of active service during a war period or after December 31, 1946, certain chronic disabilities, including nephritis, are presumed to have been incurred in service if they manifested to a degree of 10 percent or more within one year from the date of separation from service. 38 U.S.C.A. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.307, 3.309." It often takes a Strong IMO/IME to prove the 10 percent , as an IMO/IME doctor willi read over carefully your complete SMRS, 201 files, etc, and determine possibly with medical treatises , as well, that even if the 10% is not supported by the documented service medical evidence--- some disabilities obviously manifest themselves at 10% in other ways medically, yet might not be diagnosed before they actually manifest themselves.
  2. I think you mean the dates with 38 CFR 3.307 that preceeds 38 CFR 3.309: (1) Service. The veteran must have served 90 days or more during a war period or after December 31, 1946. The requirement of 90 days' service means active, continuous service within or extending into or beyond a war period, or which began before and extended beyond December 31, 1946, or began after that date. Any period of service is sufficient for the purpose of establishing the presumptive service connection of a specified disease under the conditions listed in § 3.309(c) and (e). Any period of service is sufficient for the purpose of establishing the presumptive service connection of a specified disease under the conditions listed in § 3.309(f), as long as the period of service also satisfies the requirements to establish a presumption of exposure to contaminants in the water supply at Camp Lejeune under paragraph (a)(7)(iii) of this section. https://www.law.cornell.edu/cfr/text/38/3.307 As I understand 3.307: "The veteran must have served 90 days or more during a war period"-it does not say 'in a theatre of war' Regardless of where you served , the Gulf War is not over: "Deadline for Gulf War Veterans With Presumptive Conditions is Extended to 2021. The VA has extended the deadline to receive disability benefits for Persian Gulf War Veterans with certain presumptive conditions. The deadline was previously set to expire on December 31, 2016, but has been extended to December 31, 2021." Gulf War Presumptive Conditions: Deadline Extended to 2021 .. .https://cck-law.com/blog/deadline-for-gulf-war-veterans-with-presumptive-conditions-is-extended-to-2021/ The war in Afghanistan might come to an end and then maybe the GW period will not longer be extended. It has been extended by now for many many years. I hope others here chime in on this------maybe they have a different take on this period of war-
  3. Wait a minute-----I just realised the epilepsies are on the Chronic Presumptive list!!!!! I apologize to you!!!!! It is a long list and I sure never remember them all: and it is Very hard to find here in the search feature: https://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKB/PART3/S3_309.doc Yousaid: "They told me that if I could get my Neurologist to just confirm my diagnoses and say i was and have been under treatment since 05/25/2019 that we could submit a supplemental claim since that's the fastest route. So that's what we did. That brings us to now." And you ARE falling under the Chronic presumptives!!!!!! So as good as this sounds, some optimism is in order but we ll have learned how the VA can screw up anything. Sorry I didnt check that list sooner for you. You did the leg work you needed to succeed!
  4. Great advice!!!! I have a wonderful friend ( 100% P & T 1151 plus SMC, for GSW, and also PTSD) who lived within one block of the little bridge that is the entrance to the Bath VAMC. I had to intervene on his behalf with the Patient advocate a few times, with his permission- he can be difficult to deal with- he is the vet they almost killed right after my husband's wrongful death. He now uses the Canandaigua VAMC quite a long ride from his home , a short walk to the VAMC, and feels far more comfortable there. "Top Secret: You can do that also. You cant change people, but you can change the people you choose to associate with. " I had to do that recently because I was being pressured to return to a volunteer job I have locally because the person could not accept that I had the Flu, and was still in the post viral syndrome phase-the fatigue after the flu and also I had 3 severe snow and ice events to deal with-when I was sick.Most of my neighbors could not get out of their driveways for 3 days. After 7 years I simply dropped out of those two volunteer jobs , saw the person yesterday and they seem to have garnered more respect for me and still hope I will return ,but as I told them, the doctor, who gave me a the flu shot did not give me a crystal ball, that could determine when I would get well. They also live a good 400 feet lower than me and the climate is far different and they have never shovelled snow themselves- they have a living spouse. I saw it as a control issue they have. You are right- and this is something that PTSD vets like my deceased husband had to learn-he felt some people we new were taking advantage of him due to his SC PTSD , and learned to avoid situations like that. Your statement bears repeating: "You can do that also. You cant change people, but you can change the people you choose to associate with. " When we change our behavior to people whose own agenda is uncomfortable, or controlling or whatever, etc etc, to us, they are forced to change how they behave towards us. If we even want to deal with them again. The Flu in NY is serious and the new senior flu shot will not prevent the flu but if you get it, it might not be as bad as it could be. And it has killed between 17,000- 22,000 Americans already this year.
  5. About 1/4 down in this VA article, are the regulations regarding claims filed within one year of service.: The regulation they cite is linked in the article and also available at hadit under a search https://www.va.gov/disability/eligibility/illnesses-within-one-year-of-discharge/ https://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKB/PART3/S3_309.doc If the disability is not a "chronic Presumptive" under those regulations you will need to try to find an inservice nexus in you SMR , and/or your military 201 Personnel file, and/or with strong buddy statements and you might need a strong Independent medical Opinion based on review of your inservice records. But you do not have a decision yet and if it is a denial and if you can scan and post the decision here when you get it ( to include the evidence list) we can help more. cover your C file, name ,etc prior to scanning it.
  6. Many here over the years have had bad results from C & P examiners who lied on the exam results. Broncovet has posted here many times how to get those situations corrected. I have advised complaining directly to VES , QTC or LHI and posted their contact info here-available under a search, if you get a lousy and inaccurate C & P exam from one of their contractors.* Also a few years ago the VA did a C & P exam on a claim I had as a survivor of a veteran , and when I got the exam it said it had been in "in person" exam. In person? ????My husband had been dead by then for about 20 years.I raised hell and also filed CUE because the VA again ignored a medical opinion I had. for the claim. The opinion was from the top cardiologist at VA in DC Central Office. They awarded the CUE and reversed their decision in 3 weeks. We need more info- Has the VA diagnosed you with an MH disability? Do you have proof that the disability is related to your service?
  7. In the post 10 years old by "ZOE", we never learned if they were exposed to AO, and since then the presumptive list has grown as well, as the addition of Blue Water Navy 12 mile limit veterans, who now have the same equity as all other AO veterans. I expected a lot of Blue Water Navy AO claims questions to be at hadit since those regulations became law last summer. The VA is certainly working on any BWN claim, whereby the veteran had been denied in the past for an AO presumptive but has since proven they were in the 12 mile limit- those vets hopefully will get a proper decision and retro- such as one BWN vet we have here at hadit. But I bet THOUSANDS of BWN vets and/or their survivors , still have no idea at all of the Blue Water situation under Nehmer. The average Vietnam Vet these days or their surviving spouse would probably be in their 70s, ny now and may not ever use a PC or google and ever week I slowly receive news of the BWN AO Victory from newspapers scattered over the USA, news that often appears in small newspapers instead of the main ones. Sec.Wilkie mentioned this extraordinary victory last summer at Fox News and so far I have never seen it mentioned on the Prime news channels at all. VA. in the past ( 2010) was also supposed to be contacting any IHD, Parkinsons or Hairy Cell B vet or their survivor, whose past rating sheets revealed a AO ,that was NSC then , but the Veteran had served in Vietnam.And ostensibly contacted the veteran about Nehmer 2010. They forgot some vets here as well as me a widow of an AO vet. Only because we were aware of the new 2010 AO Regulations were we able to succeed with our claims, and most of us had a NVLSP contact lawyer checking over our retro awards. My new VBM has not arrived yet and that too will have BWN AO info in it- but I have already been in contact with NVLSP ( they won Nehmer) and the most important info in this new VBM , is what I have already posted here in the AO forum as to Deck Logs and the map of the 12 Mile coordinates. The VA ,in my opinion after dealing with the since 1981,wants veterans and their spouses/survivors, to always remain in the dark about any new issues that would provide compensation or higher ratings ,to many. Unfortunately those who represent us as VSO , NSO, vet reps etc....often do not have a clue on AO as well as many other types of VA case law we discuss here. My lousy state reps had never heard of the well established Nehmer -when I went to them in 2003. I donated an additional VBM I bought to them so vets could peruse it but found it later hidden in an upstairs office most of the VAMC PTs could not get to and none of their reps ever even opened it. There is much good advice here at hadit, but some of it needs taking the time to get the full 9 yards, by using the search feature here and doing some research via google, BVA, CAVC etc. to properly give the vet the info they need. And then hope they take our advice. Some never return.
  8. The info Buck posted is from: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/ However, as I have noticed lately the VA parses their info at their web site,- and they forgot to mention the Thailand AO directive in the article. The recent poster is named Hoytt Rummels= maybe someone can fix this confusing thread. Buck stated: "SO THIS MEDICAL SPECIALIST'' WAS NOT GOOD ENOUGH TO RENDER HIS MEDICAL OPINION? THAT MG WAS GREATER THAN 50% IT WAS CAUSED BY AGENT ORANGE?" Trying to get SC for AO exposure is very difficult if the disability is not an AO presumptive, or in this case, the disability is not a Chronic presumptive , without exposure to AO. It can be done but it is VERY difficult! I have posted here over the years those cases whereby the veteran was proven exposed to AO but their disability is not an AO presumptive one. It takes a lot more than a doctor stating "more than likely".
  9. This thread is out or order. The recent new member Hoytt Runnells stated: "I even included in my claim copies of court cases (VA) where claims were approved yet they still denied it." Where were you exposed to Agent Orange and when? Can you link us to those court cases that were approved for AO exposure causing myasthenia gravis? I have been involved with the AO issue since 1991, AO Settlement fund 1992, my husband, me as his widow 1993, and also am a widow due to his two AO conditions at death. I am surprised that VA has service connected myasthenia gravis as due to AO exposure. If you give us the Cases or links it can help us help you as well as help others.
  10. I hope you have appealed those denials within the proper time frame. The denials had to reflect , from VA, what was missing in the claim-that missing info could be a inservice nexus, current documented diagnosis, many reasons for denials, , that the decision should state. I believe you will have to re open those claims ( if you did not appeal them in time ?) with "New and Relevant evidence"- meaning whatever evidence VA did not have, in the past, that caused the denials. Are you in the Burn Pit Registry? VA has not determined any burn pit presumptives yet but there is a vet here ( forget who) that I gave some current Burn Pit info to, as many vets are claiming sleep apnea from environmental hazards ( aka the burn pits). All of your disabilities will need a service nexus as far as I can tell here, and that would be found within your SMRS and/or strong buddy statements, meaning eye witness accounts from members of your unit same time, same place, with their contact info and their notarized signature. They should give as many details as possible of what inservice cause, event, stressor, they witnessed ,that involved you and the specific disabilities you have claimed. Can you scan and attach the denials here to include the Evidence list? Cover our C file #, name, address prior to scanning that.
  11. Broncovet, your advice here is superb.And certainly others have helped. I have no more to add to this thread but am posting the following info as it might help someone else. "In response to the Veteran’s December 2015 notice of disagreement and January 2016 substantive appeal in which he stated he had obstruction of the nasal passage, the Veteran was scheduled for a VA examination to assess the severity of his service-connected disability. An April 6, 2018 Report of General Information reflects that the Veteran called to reschedule the VA rhinitis DBQ because he forgot the date of the examination but that he would make the rescheduled exam. An April 23, 2018 exam scheduling request shows the allergic rhinitis contention was cancelled because the Veteran was a no show for the VA examination. " Entitlement to a compensable rating for allergic rhinitis is denied." https://www.va.gov/vetapp19/files11/19186772.txt Th BVA in this case did award an EED for sleep apnea because the veteran did attend that C & P exam and the exam warranted the proper EED rating.I thought maybe the BVA would remand for a new exam for the rhinitis, but they didn't. This next 2019 decision ( ten years after the claim was filed)went to the CAVC then back to the BVA and luckily this "no show" C & P vet got another remand for a C & P exam,probably because of the CAVC decision, adding more months and maybe even years, to his claim. https://www.va.gov/vetapp19/files8/19167297.txt This vet did not attend three C & P exams and BVA stated : "Furthermore, the law has long held that the duty to assist a claimant in the development of an application for benefits is not a two-way street. If the Veteran wishes help in developing this claim, he cannot passively wait in those circumstances where he may or should have information that is essential in obtaining the relevant evidence. Wood v. Derwinski, 1 Vet. App 190, 193 (1991). As the Veteran failed to report to the scheduled VA examinations on three occasions without providing good cause, the Board must adjudicate his claim based on the evidence of record. " This BVA statement (' not a two way street')appears in only 4 BVA decisions since 1992, because the veteran's VCAA letter and/or 5103 waiver , if legal ( mine were not legal but that is often not the case) tells the veteran exactly what they need to do to comply with the regulations that will garner an award. This vet's claim was denied. https://www.va.gov/vetapp17/files5/1729487.txt I overcame the VCAA errors with evidence and the 5103 error I had is something the Va is presently looking into.
  12. I , as well, did not catch the recent info- If the VA did not adequately inform you of any C & P they scheduled, that caused your claim t be denied, I feel you should call the White House Veterans Hot Line at 855-948-2311.
  13. The recent VA decision you attached above clearly states: "We have been informed that you have missed the VA examination scheduled in support of your claim. There is no infonnation presently indicating good cause for absence on the scheduled appointment date. As a result, medical evidence that could have been used to support your claim was not available to us. (38 CFR 3.655) Please notify us when you are ready to report for an examination, or you may submit a disability benefits questionnaire (DBQ) which must be completed and signed by a health care provider." The infonnation" typo is theirs not mine. The closest VAMC to you might well have a DAV Van, that could possibly transport you to and from the C & P exams. Or you could take their advice as to the DBQ or get a private IMO/IME. The lawyer you has is an expert in SSDI and also handles VA claims issues. But when he got the copy of the decision I read here , I know he was concerned about the "No Shows". There are a few VA Accredited agents here at hadit- forget who- but someone will know and post their contact info. Perhaps you should contact an accredited agent to help you.
  14. Vetquest-you are 100% correct. The very first member here who welcomed me to hadit decades ago got that same PD BS from the VA. He fought back and finally got 100% P & T due to SC PTSD.
  15. "BVA also awarded me an additional disability that I have never claimed." "Can I ask for an earlier effective date back to in service just because it was in my record and now the BVA has awarded me that disability." I suggest that you file the claim. Use the new forms that are here under a search. But I also suggest that you get a copy of your C file to see if in fact you did file a claim for this, or that possibly VA inferred it, due to the BVA decision, but then never adjudicated it. I found a decision at the BVA the other day ( and think I posted it here somewhere) whereby the BVA found an unadjudicated claim the veteran had filed long ago and with the claim the BVA awarded , the case was remanded for a valid claim that could bring MEGA retro to the veteran. I do not foresee the VA awarding a better EED on a claim that was not formally filed. But seeing what the BVA stated might help more. Can you give us your BVA Docket and Citation numbers?
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