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Common Veterans Affairs Disabilities: Tinnitus - Hearing loss - PTSD - Post-traumatic stress disorder - Lumbosacral or cervical strain - Scars - Limitation of flexion, knee - Diabetes mellitus - Paralysis of the sciatic nerve - Limitation of motion of the ankle - Degenerative arthritis of the spine - TBI - Traumatic Brain Injury

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Berta

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Berta last won the day on December 9

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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. A Win? still have questions

    I would be glad to help but need to see the VARO decision for this: "When I spoke with the gentlemen on the phone he shows my appeal initial starting in 2011 but this decision was from an appeal arguing the EED of my ptsd during 2013."
  2. Please post your questions and attachments in the pubic forum.

    More will be able to reply.

     

  3. Berta, I recently posted my BVA order within the success stories. I had a few questions in regards to this form. I have been told this was a BVA order and not so much a final decision. I know I have 120 days from the date of receiving this to appeal the decision. This issue is the vagueness of the EED for the TDIU.  I have written NOD for a CUE, and was wondering if you would look over it.  I have called my DAV regional office and all I seem to get are the fact that they are confused as well. Does my RO get a different letter than I or will theirs be just as vague. Attached below is my write up. Thank you for any input you are able to provide. 

    NOD TDIU.docx

  4. I thought they gave you C & P exam recently for the knees....and would send a SSOC or something. I am completely lost here and I am sorry that I cannot help .
  5. To ardodd’s wife : I thought he did file the 1-9 in time---or I thought he still does have time This is how the deadline works: “4. HOW LONG DO I HAVE TO COMPLETE THIS FORM AND FILE IT? Under current law, there are three different ways to calculate how much time you have to complete and file this form. The one that applies to you is the one that gives you the most time: (a) You have one year from the day your local VA office mailed you the notice of the decision you are appealing. (b) You have 60 days from the day that your local VA office mailed you the SOC. (c) Your local VA office may have sent you an update to the SOC, called a "Supplemental Statement of the Case" (SSOC). If that SSOC was provided to you in response to evidence you or your representative submitted within the one-year period described in paragraph 4(a) of these instructions, above, and if you have not already filed this form, then you have at least 60 days from the time your local VA office mailed you the SSOC to file it even though the one-year period has already expired. See 38 C.F.R. 20.302(b)(2). “ https://www.va.gov/vaforms/va/pdf/VA9.pdf I am more confused than I was, over 80 replies and maybe 3 threads -ago. Did you recently set up a meeting with your POA vet rep , per one of the threads here? (Maybe I am so confused I just thought you did) If not I suggest you set up a meeting with his POA, or call him/her and ask if a timely I-9 Appeal was filed,by your husband or the vet rep, ask for a copy of it ,if it was, or ,if not, how much more time do you have to file it.? I believe Gastone mentioned applying for TDIU and I concur with that . The vet rep can handle the TDIU claim. I think I already asked here- if, when he hit 70%, the VA had sent him the TDIU form, or if they didnt ,why not....
  6. By all means scan and attach your CUE here ( cover C file #, name, etc, and we will look it over,to make sure it complies with CUE criteria. We would need to see the decision you are filing CUE on. That is concerning about the altered records...the worse thing they could do, in my opinion, is alter C & P exam results...and in one of my claims ,a cardio doctor crossed out a neuro's diagnosis notes in my husband's medical records... That's OK I could figure out what was crossed out. It was a critical part of one of my claims. The neuro doc left the VA and started private practice and he gave me a freebee brief IMO.He was the only VA doctor at that VAMC who was not trying to cover up malpractice that started at the local VAMC.
  7. Our wonderful member Carlie is deceased. Perhaps the BVA ombudsman could give you some idea of what dockets they are working on now. bvaOMbud.bvaOmbudsman@va.gov The regulations are here under a search for Advancement on the Docket,if the criteria applies to you, that is something to consider and to apply for. My BVA case took many years...years in which I continuously sought evidence and I sent my evidence directly to the BVA.
  8. Citing VBA Decisions

    They wont help because the VA will say they are only probative to a specific veteran's claim. BVA decisions can hold a wealth of info however- if they are similar and for the same disability, those decisions will show why they were awarded amd what you will need as evidence. I found two of your other posts...this is a cardio issue and you got some excellent input from Gastone. My advice would be the same as his. The topic is entitled: "Coronary Artery Disease Secondary to Hyperlipidemia" Hyperlipidemia is a symptom.I highly doubt there are any awards at the BVA for CAD secondary to hyperlipidemia. (unless they had quite an IMO/ IME) Please post a link to one if it is in fact like yours. If so ,the non VA doctor's initials will be in the decision and this doctor could be narrowed down to where they are located ( usually in th same state the veteran is in, and maybe the IMO doc gave the veteran direct treatment for the disability anyhow.) There is some relationship between them but you will need a IMO/IME from a cardio doctor, as Gastone said, and also the inservice nexus ( the inservice cause, treatment for, or etiology of the heart disease). The IMO/IME format they need to follow is in our IMO forum and they will need your SMRs and all available medical records. I hope you did not file the claim the way the topic title reads. Gastone correctly mentioned the AO presumptives. They apply to vets who served outside of Vietnam, dependng on wehere and when they served and what their MOS was etc etc. There are 2 CONUS AO vets as well.
  9. Secondary Claims

    I am surprised that the rep said not to file a NOD- If you have medical evidence , that VA also had, that would warrant a higher rating, then the NOD would cover asking for an increase. Has the rep or you received the actual decision yet? Do you have a copy of the C & P exam they based the 10% on?
  10. You have 3 separate threads here on CUE. I suggest you carefully go over the requirements of 38 USC 5109A and all of the other info in our CUE forum. I can simplify that info thus: The CUE must be a LEGAL error, not a disagreement with any medical statements in a C & P exam etc. However the results of any erroneous medical statements can involve the wrong rating and wrong diagnostic code and if that was to your detriment in any VA decision, that would raise to the level of CUE. A CUE is based also on the established regulations ,in place at time of the alledged CUE decision. CUE is also like the Watergate question- what did the VA know and when did they know it. For example-say a vet gets SSDI solely for PTSD. The vet files a SC claim, his/her nexus is proven, and the VA rates the claim at 30%. Because the veteran has failed to advise the VA that she/she gets SSDI solely for PTSD. That is not a CUE. Or say a vet gets SSDI solely for PTSD, advises the VA of this award and even makes it clear with a TDIU form attached to the claim. Then the vet gets an award----for 30% or 50 or 70 % SC PTSD , and the VA does not list the SSDI award as evidence, and disregards the TDIU form, although the the veteran can prove they received both submissions. That is a CUE under 38 CFR 4.6. A Cue also must have had a manifested altered outcome..... meaning -if the CUE had not been made, the veteran would have received a proper $$$ comp award. I learned a lot by reading BVA CUEs- the denials there are as important as the CUE awards. The decision being Cued should be sent along with the CUE using templates I have posted in the CUE forum. The date of that decision should be in the wording of the CUE. Keep it as simple as you can.Most of my cue claims were a few very brief paragraphs. One I had was only about 3 sentences ,filed as a complaint with IRIS and resolved within a few weeks. My only evidence was the 2010 Nehmer Court order,which the rater could not read. I often wonder how many other AO IHD claims he messed up. CUEs are found within the exact words of the VA in their Reasons and bases, and/or their Evidence list, and more often than not, within the diagnosic codes, and percentages on the rating sheets.
  11. DROs are not doctors.They hang onto anything a VA doctor says. I feel you will definitely need an IMO/IME for this claim- they re -characterized the initial disability and it will take a non VA doctor to tip the scales in your favor. Gastone always makes good points----what did the NOD cover and what additonal evidence did you bring to the hearing? "I had 2 arthroscopic knee surgeries" amd that should have been claimed , as to any residuals, (if any) as secondary to the original diagnosis- but their re-characterized diagnose will follow you until a Real doctor is able to determine what the initial disability was, and what has affected you from it , since leaving service. I think you have had a P TSD Exam recently ? If that awards you SC for PTSD and retro, the retro could help you obtain an opinion (based on all medical records you have) from an IMO/IME doctor, whose expertise is beyond that of the C & P examiner. There are three different threads here on this issue...I am going to respond in the future to your wife's comments because she is try so hard to simplify these issues. Others will chime in on this new thread.
  12. They are supposed to work on the award first. There is a Fast Letter on this at hadit..... https://community.hadit.com/topic/52276-bva-appeal/#gsc.tab=0 That FL came out in 2010 but the backlog has increased so much, since, that I am sure these BVA grants are part of it AGAIN. I will post it- that is better then the link, because anyone with a BVA partial grant, should be aware of it- I suggested here in the past to even send a copy of it to th BVA when more than 2 months had passed: "DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420 January 6, 2010 Director (00/21) All VA Regional Offices and Centers In Reply Refer To: 211B Fast Letter 10-02 SUBJ: Implementation of Board of Veterans’ Appeals Decisions Purpose This fast letter provides clarification of the existing procedural guidance for implementation of Board of Veterans’ Appeals Decisions. The instructions provided in this fast letter supersede all prior guidance on this issue. Background It has come to the attention of the Board of Veterans’ Appeals (BVA) and the Compensation and Pension Service that there is inconsistent processing of claims involving implementation of BVA decisions with partial favorable findings. It was determined that some regional offices (ROs) were delaying implementation of these BVA partial grants until expiration of the 120-day period within which a veteran may appeal to the United States Court of Appeals for Veterans Claims (CAVC). Delayed implementation of favorable BVA decisions is inconsistent with the Department’s long standing pro-veteran position and unnecessarily delays payment of benefits to the claimant. Procedures Complete Grants and Partial Awards ROs are required to review all files returning from BVA to determine the type of action to be taken. ROs must expeditiously implement favorable decisions rendered by BVA in all cases, including those decisions that may also contain unfavorable findings subject to appeal with CAVC. For processing purposes, a partial grant or an increased evaluation less than the schedular maximum available is considered a “favorable decision.” Partial grants rendered by BVA are subject to expedited processing. Although a claimant may elect to appeal the evaluation assigned by BVA and continue to pursue an increased or total evaluation for the same disability before CAVC, the partial grant should still be implemented immediately. In many instances, the claims file will not be required to complete the grant or partial grant of benefits ordered by BVA. If a decisionmaker needs the claims file to accurately comply with the BVA mandate, he or she should follow the instructions regarding locked CAVC files provided in M21-1MR, section I.5.J.48.e. Denials Denials of entitlement to benefits rendered by BVA should continue to be processed in accordance with the procedures outlined in M21-1MR, sections I. 5.G.33.c and d. Questions Questions concerning this fast letter should be e-mailed to VAVBAWAS/CO/ 21FL. /S/ Bradley G. Mayes Director Compensation & Pension Service" (PS Bradley is no longer with the VA) I am sure this FL has never been recinded.
  13. Did the show go dead at 7: 30 or just for me?????
  14. Call ins 1-347-237-4819 Click on # 1 on your phone to get into the call in queue. http://www.blogtalkradio.com/haditcom
  15. 1151 Claim

    geez I forgot Click # 1 on your phone after the English woman speaks---to get into the call queue.
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