Berta

Here are a few Essential tremor claims at the BVA: "ORDER The claim for service connection for essential tremors of the bilateral upper extremities as secondary to the service-connected traumatic brain injury (TBI) is granted." https://www.va.gov/vetapp20/Files11/20074188.txt "Entitlement to a disability rating in excess of 50 percent for service-connected posttraumatic stress disorder (PTSD) is denied. Entitlement to service connection for essential tremors, claimed as neurological issues, is granted." In part : ( and this kind of incompetent crap from the VAROs makes me sick- he should have been given Benefit of Doubt long before the BVA awarded his claim) In May 2016 the Veteran was seen by a VA examiner to determine if his neurological issues were the result of a traumatic brain injury (TBI). While the examiner was able to rule out any TBI causing the tremor, the examiner did find that the “record is supporting of the essential tremor having onset in service.” In April 2017 the Veteran was afforded another VA examination regarding his tremors. The examiner found that the tremors were “at least as likely as not” incurred in or caused by the Veteran’s military service. The examiner based his opinion on the fact that there was “abundant evidence placing development of tremor/gait issues proximate to Veteran’s Gulf War time of service.” The examiner concluded that it was “abundantly clear” that the “neurologic issue of record” was associated with the Veteran’s military service. Finally, in May 2020 the Veteran submitted a statement from Dr. M., a non-VA physician who has been treating the Veteran. According to Dr. M., the Veteran’s chronic tremor developed “since coming home from his tours of duty.” The Veteran’s tremors “should be considered a service-related disability. While not impossible, I think that it is quite unlikely that [the Veteran] would be in his current condition, with these tremors” if it was not for his “service in the Marine Corps.” Dr. M. based his conclusion on a review of the Veteran’s medical records, as well as studies from the National Institute of Neurologic Disorders and Stroke. The Board finds that the preponderance of evidence, including the Veteran’s lay statements, the findings of multiple VA examiners, and Dr. M.’s medical opinion, establishes that it is as least as likely as not that the Veteran’s essential tremors are due, or were incurred in, his active duty military service. Therefore, reasonable doubt must be resolved in favor of the Veteran and entitlement to service connection for tremors is warranted. 38 U.S.C. § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990)." https://www.va.gov/vetapp20/Files8/20053217.txt "Entitlement to service connection for Parkinson's disease, previously claimed as essential tremors, as due to exposure to Agent Orange, is granted. Entitlement to service connection for posttraumatic stress disorder (PTSD) and depression, to include as due to service-connected disabilities, is granted." https://www.va.gov/vetapp20/Files4/20026762.txt You might find more by using my BVA search feature link: https://search.usa.gov/search?affiliate=bvadecisions&sort_by=&query=essential+tremor+due+to+depression The denials are as important as their remands and awards. The BVA can read. You might find more to help with my BVA search feature:

" Depression may be a primary manifestation of the illness rather than a secondary response to disability." re: Essential Tremors https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2813410/ However more recent study by the same medical entity did not support a relationship from depression to tremors https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5607546/ Since C & P doctors often use google to find an article, abstract or medical Treatice to use to deny a claim, this shows how they often can find something on line to support their rationale, where there might well be more onafide medical info on line to support the claim. However, the word "Essential" gives a veteran a lot of leeway in proving a service connection-as 'secondary': It means the doctors do not know what caused it. "Essential: In medicine, of unknown cause, as in essential hypertension (high blood pressure of unknown cause). Also known as idiopathic." https://www.rxlist.com/essential/definition.htm I used that above medical fact when the VA had deemed my husband's HBP as "essential"-and NSC ,because they never looked for a cause- I sought the cause- and found his HBP had been malpracticed on by VA ( awarded under FTCA/ 1151) and then I found it had been caused by his VA malpracticed Ischemic Heart disease , VA malpractised ischemic stroke, and VA malpracticed DMII, the IHD and DMII finally granted as SC from his proven AO exposure, and also as causing his direct service connected sudden death. The VA seems to have lost my AO HBP claim, and the VA has awarded some of those claims -HBP from AO Vietnam)and I need to re-file it-my evidence is impeccable - all in our AO forum re: AO HBP, for I have gone through the 'lost claim' crap many times before-with my RO. If you use my google search feature a lot will pop up- 'can depression cause essential tremors' This article is more recent, from the same entity above and it focuses on veterans: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6026277/ A long read but it might help you- I assume your depression is service connected - have you searched your depression meds to see if they, as a side affect, could have caused the tremors? Could you be taking any other type of meds that can cause tremors. Meds and their side affects are on the net. This excellent vet law firm has essential tremor info and ratings here: https://www.woodslawyers.com/essential-tremors-veterans-disability-rating/#:~:text=Because neurological disorders can be,of up to 70 percent. However you might well consider getting an IME from a non VA Neuro to bolster your claim, which might be costly but might be the Only way to support a claim as secondary to your depression. The IME doc might even find a different cause of the tremors that would support service connection. I assume VA has ruled out Parkinsons, or Parkinsonia symptoms. ? If you served in Vietnam or were on a Blue Water Navy ship ,*** C 123 crew ,Korea regs .etc per the article that was exposed to ***AO( per the VA AO ships list, available here at hadit under a search ), you might want to read this carefully- In part: "The 2021 NDAA, National Defense Authorization Act, passed by Congress determined that there is a link between Parkinson’s-like symptoms are Agent Orange exposure. Parkinson’s-like symptoms refers to a condition where the symptoms may resemble Parkinson’s Disease, but have not been formally diagnosed as such. The symptoms may include tremors, slowed movement, impaired speech, and muscle stiffness. The addition of Parkinson’s-like symptoms to VA’s presumptive condition list will make it easier for veterans with these symptoms to secure disability benefits." https://cck-law.com/veterans-law/parkinsons-disease-and-veteran-disability-compensation/

I am a CUERINO and I jumped the gun again-without enough info- We can only try to determine a CUE when we can see the decision and the evidence list they used, and often the CUE is within the rating sheet as well. A CUE is only valid however if the disability was at least at 10% ,when the past denial occurred. I have LOTs of snow to remove so someone else will opine on the decision if you can scan and attach it here , and of course CUE regulations are explained here -ad finitum. Many here over the years have read the CUE criteria and prepared very valid CUE claims themselves. Cover your C file #, name, address, prior to scanning it.

"Can I join the National Guard with VA disability? You can join the National Guard or Reserves with a VA service-connected disability rating – if you are medically cleared. But it does affect your pay and benefits. Make sure you keep this in mind if you have a VA disability rating and you are considering joining the Guard, Reserves, or even active duty.Aug 20, 2020" https://themilitarywallet.com/join-guard-reserves-va-service-connected-disability-rating/#:~:text=Summary-,You can join the National Guard or Reserves with a,Reserves%2C or even active duty. The site has a disclaimer: "Note about individual applications to join the military with a VA disability rating: We are happy to answer questions in the comments about the overall process, but we cannot comment on individual medical conditions or the likelihood of a veteran being able to join with Guard or Reserves with their specific medical condition. Each application and medical waiver is handled on a case by case basis by MEPS, and if it gets far enough, the Surgeon Generals office of the respective branch the veteran is applying to join. It is recommended that you contact a recruiter and work closely with them on the process. Be prepared to do a lot of leg work on your own, as much of the work can only be done by you (such as getting medical notes from your doctor stating you are fit to serve in the military and coordinating appointments)." Basically this is why we cannot determine here the answer to your question regarding if you could join the NG. By MEPS they mean Military Entrance Processing Station. As someone here mentioned, you can begin your VA claim while still in the Military . If they fo not have any Vet reps or VSOs who visit the base for this purpose you can contact one hopefully, on your own, to start a claim. You said: " My base doesn't offer anything for transitioning active duty (it's a Guard base with active component)" Can you tell us the name and locale of this base?

https://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2021AR.pdf On page 39 of 47 the BVA breaks down the awards, remands, and denials by representation. As you can see unrepresented veterans or widows did not do too well ,unless their claims were remanded: No representation: 1,778 appeals allowed, 39.4 % remanded, but 1,771 denied right off the bat (27.2 %) The least # of denials was with the PVA but they only represented 61 appeals. (Fiscal Year 2021) BVA confirmed to me years ago that 1151 awards , remands, denials are absorbed by VA into the general Compensation statistics-in those reports that go to Congress and the public---- One more way VA hides their malpractice stats and one good point I made to the VA Accountability office, that ended up with S 221, which hopefully will be passed by the H VAC-this year. It is still in a medical committee. And will take my time away from hadit, this year ,if the VA medical Committee does not get it. I had to contact the S221 sponsors myself as they were preparing S221- non of them had ever served or dealt with the VA system. I am a little surprised at the denials for non representation but then again I mentioned before how I was remanded by the BVA years ago and then knocked down their C & P doctor, and then was quickly awarded at the BVA, with no representation. But I had a LOT of evidence, to include 3 IMOs and had even paid for a 4th IMO that I didnt even need or get from the forensic firm, prior to when the BVA awarded the claim. I had studied Cardiology, Endocrinology , and Neurology to get up to the level of VA's Endo doctor ,who denied the claim twice at the RO level. Awarded Direct SC death for DMII due to AO- my husband was never diagnosed or treated by VA for DMII so you can imagine how much evidence I needed to have. This award fully changed the prior DIC wrongful death award and brought many additional accrued benefits. Nothing is impossible- but if often depends on how much reading and research you are willing to do and how much you are willing to spend on an IMO/IME that will become the most thorough medical assessent you will ever get of your actual disability (ies) situation. Before I even considered getting costly IMOs I knew my evidence was surperb. But then again I was motivated by attaining Peace with Honor for my dead husband. A wrongful death (FTCA/115) holds no Peace with Honor,in my opinion, because it means that the very system veterans have created the need for, might find veterans,themselves, as victims of VA malpractice. And what is wrong with that picture? EVERYTHING!

I dont know why- if you get Notifications ( I think the Notification setting is in your profile pages, you will get alerts as to replies on your recent posts, here and in email. I use that but often I just go to the 'unread content' link at top right hand of the pages here and click on it.

GREAT News!!!!! Congrats and by all means appeal the EED if you feel it is wrong.

CRDP and CRSC: https://www.military.com/benefits/military-pay/special-pay/comparing-crsc-and-crdp.html

Good advice here- I can only add, make sure your Discharge Physical covers entry of every disability you have. And make sure you have contact info and full name and Hometown of any members in your unit you know who could provide a buddy statement if you ever need one, if they might have witnessed an accident or event you had that has caused you a disabilityyet the inservice "nexus" ( cause) might not be evident in your SMRs. Also if you gained any college credits from your MOS make sure you go to the Briefings on that as well as tie in with the department that would be able to verify those credits- while you are still in. A vet rep I new had the same TS classified clearance and MOS my daughter had and she attained many college credits before she left the Mil-however the vet rep I knew had not pursued proof of those credits while he was still in the Military and told me it was his biggest regret after discharge. Also, I have no idea about how the NG service would work,but after discharge you should be able to collect unemployment insurance.It took me some time to get my daughter to do that- she had saved enough to get her through about 8 months after her discharge because the only job she applied for ( with DOD) was what she was hoping for- She kept saying she felt like the movie "The Full Monty" when some unemployed British steel mill laid off guys started a strip show because they were not happy about getting unemployent, and wanted to work.( The movie is hilarious) but she finally went to the UE office and got into a briefing with other veterans and many were officers, and they were treated separately from the civilians and she was shocked at how much unemployment benefits she got. Thank you for those long years of service! And be sure to check out the CRDP CRSC info here- My daughter did the get DOD Job!!!!!!!

This is an older thread but important and I wonder if the originl posted tried to get his SMRs and VA medical records himself. When VA says they cant find reords, in my opinion they might not even be looking for them. Rivet is right about contacting the prosthetics department-

I am a civilian with severe bilateral pronation that requires me to pay from $350 to 545 every year or more for new custom inserts. This is one thing neither CHAMPVA nor Medicare will pay for.. even though Senior orgs say one out of every 3 seniors will fall each year and pronation causes a major balance problem. You said: " ( this was my C&P exam but I was I really was diagnosed early 2006 when the VA mad custom inserts for me but the VBA is telling me the VA don't have those records, so not only did the Army lose my records but also the VA) " I have never seen a custom-made insert from the VA, and have been shown by vets, the cheap crappy inserts they had gotten from VA for a myraid of foot and balance problems- and I suggest based on the decision you posted from,that you seek a private podiatrist who will not only provide custom inserts ( at a charge like my Podiatrist does- that I need to pay myself, and will give you treatement that could prevent the situation from geiing worse because it will. But again I am making the mistake of opining on part of their decision. You can scan and attach the redacted decision here. Go to the scanner (cover your C file #m nae, address, first, scan and name the scan, then go to the Drag files here or Attach thing at bottom of the reply page ,and choose the bamed scan you want us to see, ...I just treied it myself to make sure I told you th way to do it- the Presidentil Unit Citation was awarded to my husband's unit in Vietnam -USMC 1stMarDiv.1st Amphibious Tracktor Battalionm Rolling Thunder, etc. He never knew he had it- ony rumors in the unit at Quantico but somene told him to apply for a DD 215 and the PUC and other awards he never knew he had appeared on the DD215. He died not too long after getting the DD 215 but at least he knew all awards he had gotten. Presidential Unit Citation (United States) - Wikipedia.pdf

Just to add-you mentioned Special Forces and that might mean your MOS was classifiedTop Secret. In any event the Military assured my daughter, and other similarly classified Military Personnel, (her MOS was Top Secret ,classified) the VA would declassify anything needed to support a VA claim after their discharge. This vet apparently was able to prove his TS clearance ,after some time, to the VA: The Veteran's personnel records show by November 1959 he was en route to his initial assignment at the Maryland Army Chemical Center. One year later, he received a secret security clearance while with the Army Chemical Center. The Veteran's DD 214 listed him as a general clerk. His separation paperwork for the National Guard listed his MOS as Hercules missile crewman and his civilian occupation as dog handler, USP&FO for Maryland." He was on remand regarding his stressors: "Contact the RMDA or any other appropriate entity to attempt to verify the Veteran's claimed stressors. All attempts to verify the Veteran's reported PTSD stressors must be documented in the claims file. If any records or information sought are unavailable, the AOJ should issue a formal finding documenting such a fact and the reason for the unavailability." https://www.va.gov/vetapp21/Files11/21069188.txt This is why obtaining your Personnel record can be as important as getting your SMRs. They are critical to any TS Classified MOS claim.

Allan, you had a fabulous Prime Facie CUE! Prime Facie- ---on it's face, plain as day, and clearly and unmistakably a VA legal error! Maybe I can find those older posts on your CUE and they could help others. I also am hoping that many of our regular posters here have a good handle on CUE claims by now. The vet here I was leary of said VA denied his PTSD claim but he had a CAR on his DD214. A CAB or CAR , or PH, is always evidence of combat and the stressors that come from combat. At around the same time I had been trying to get a local Vietnam combat vet friend to apply for PTSD. He had 2 Purple Hearts ( GSW and was being comensated for those residuals) Finally, many years after Vietnam, and after me and my dead husband encouraged him to file for PTSD, he went to a vet rep I knew and something the rep said caused him to file the claim (this rep had PTSD from Vietnam) and he was awarded it-he didnt want PTSD but had all of the major symptoms of it and it was affecting his marriage and his friends. This vet below tried ,with 3 separate DD214s and other means, to get his PTSD service connected and he failed. "The ordinary meaning of the phrase "engaged in combat with the enemy," as used in 38 U.S.C.A. § 1154(b), requires that a veteran have participated in events constituting an actual fight or encounter with a military foe or hostile unit or instrumentality. VAOPGCPREC 12-99 (Oct. 18, 1999). Where a determination is made that the veteran did not engage in combat with the enemy, or the claimed stressor is not related to combat, the veteran's lay testimony alone will not be enough to establish the occurrence of the alleged stressor. See Moreau v. Brown, 9 Vet. App. 389, 395 (1996). In such cases, the record must contain corroborative evidence that substantiates or verifies the veteran's testimony or statements as to the occurrence of the claimed stressor. See West v. Brown, 7 Vet. App. 70, 76 (1994). The requisite additional evidence may be obtained from the veteran's service medical records or from other sources. Moreau at 395. Service department evidence that the veteran engaged in combat or that the veteran was awarded the Purple Heart Medal, Combat Infantryman Badge, or similar combat citation will be accepted, in the absence of evidence to the contrary, as conclusive evidence of the claimed inservice stressor. VAOPGCPREC 12-99 (Oct. 18, 1999). https://www.va.gov/vetapp07/files3/0726147.txt

I forgot to add- the wannabee did NOT receive 100% temp SC for the Inhouse program as the other SC PTSD veterans did. VA knew he was a BSer. But he should have never been in the 21 day program at all. Wannabees- I knew a few here in NY- but they usually seemed to me to be willing to gripe about the VA, but many did not even attemopt to file claims they could not prove. I believe the percent of vet wannabees is less than 1 % of all veterans. And if they do succeed on a SC claim that was never valid, the VA OIG proably will catch them, as VAOIG reports reveal. There was only one vet here in the past 20 plus years that I was very leary of, based on what he posted.

Yes, the VA was correct on that: "Vietnam War era (November 1, 1955, to May 7, 1975, for Veterans who served in the Republic of Vietnam during that period. August 5, 1964, to May 7, 1975, for Veterans who served outside the Republic of Vietnam.)" https://www.va.gov/pension/eligibility/ Could any of his " various illnesses " that VA treats him for have any nexus to his MOS? Allan, it is great that you continue to help veterans,but I certainly realized long ago, that there are veterans we cannot help to attain SC. I learned years ago that ( there are many veterans in my isolated locale, because the VAMC is only about 20 miles away from me,) if they showed up here or called me up ( many at the VAMC knew where I lived) I needed to see their DD 214 and also their last decision from the VA. Then I could direct them to a local vet rep on the VAMC grounds or not far from the VAMC, with a suggestion as to how to the claim should be filed.(I knew many of the local vet reps) However, my plumber who had an odd story about his discharge but did get VA medical care, bugged me for years to see if I could get his CAD service connected , and I saw no nexus at all but kept telling him to get someone on his POA to file the claim. At one point he brought with him a stack of VA records, asking me if I could "find something" in them that VA would service connect as by that time he had asked others about the CAD, and realized he had no inservice nexus nor any MOS that could have possibly caused the CAD. I dont look through stacks of medical records for "something "a veteran might get service connected for. It is hard enough for us sometimes to do that, to connect the dots, for our own claims. My woodstove cleaner and fire inspector also told me every time he was here worrking about his problems as a Navy Diver, getting his severe Hearing loss service connected. He said he also suffered from the "bends" as a diver and that still gave him physical problems. I felt he had a good chance of getting SC but that was based solely on what he told me, and yet it was often a little different story every time he was here to work and he lways forgot to bring the denial with him so I suggested he get a local POA- but he never did, as far as I know. My point (and I had many other experiences like above ones, and many were pre hadit-and others were vets who could not use a PC to come here, when hadit went on line, to include many widows of vets too) is that some situations will never garner a veteran a SC rating and none of us can perform a Miracle. Even a very close friend of mine thought I get get him TDIU -he wanted me to file the claim for him with the VA ---- I dont do that) but Never would show me a SSDI decision that he said was solely for his SC disability. And he never would take my advice to see one of the local vet reps at the VAMC or within the county. Perhaps this elderly veteran's MOS caused his other problems VA treats him for. I still believe there are Bad Water vets out there who might have disabilities from Camp Lejuene, and of course AO has been proven to have been used in CONUS and some CONUS vets have succeeded on that basis, proving their exposure to AO in the USA caused their disabilities. Nothing is impossible but it often takes a LOT of work. ( I also ws contacted by a wannabee long ago- his BVA decision was 17 pages long. The VA had the audacity to put him into the 21 day inhouse PTSD program, and the vets there contacted me -my husband was there as well with him, all combat vets with SCs for PTSD, to tell me they thought he was a wannabee because he kept asking them to describe their stressors. None of his stressors could be proven and he said he had never made friends with anyone in his unit in Vietnam, so no buddy letters. He did have a PTSD diagnosis from a VA doctor and lived in a shack in the boonies in cameos and had pungy sticks all over the place, but no valid stressors from Vietnam and I did try to find any connection at all to his unit history, and his MOS. But his BVA denial stated he was not a " reliable historian" and every attempt the BVA made to verify his stressors found nothig to support his claim.

This link will give you the eligibility criteria for VR &E https://www.military.com/benefits/veteran-benefits/understanding-the-va-vetsuccess-program.html#:~:text=VR%26E Eligibility&text=To receive an evaluation for,oline at the VA's website. Make sure the college is VA approved Most of them are.It will state that at the college web site. Also make sure you request any accomodations to your SC from the college, if needed. My husband was given 2 accomodations by Corning Community college but then again he went to the campus- I dont know how online college would handle that but I would think they would need to carefully consider any accommodation.It would depend on your SC disability. I started my degree at a traditional college campus but finished my degree under Chapter 35 at AMU some years ago. We were required to take a course after enrollment to aquaint us with the vast ifference between campus and online schooling. Also I had to immediately get my PC upgraded for the types of courses I took, one course requiring an assignent to be done on Power Point. With so much for PCs these days maybe they dont even have to have that required course now. We had some access to our classmates, on- line via the professors, set up sort of like "Go to meeting" programs and a lot of the students in the last course I took, asked the prof why they needed to use Power Point, for one assignment because it was apparent none of them had used it before. Neither had I. They were all young enllisted and on the GI bill-I was the first civilian my college ever had. The prof insisted on Power Point and I found it was a lot of fun , so much fun that I did 3 PP presentations but I submitted the best one. Also since I was a tactical warfare student, 99% of my Profs were Officers from every branch. I was glad I had a good CD player too on my PC because some lectures on Amerindian warfare were on CDs, and the prof sent me a CD of Indian war chants as well. My school ( AMU) is a wonderful school and has some VR&E vets- check us out : https://start.amu.apus.edu/military-degrees/overview?gclid=Cj0KCQiAoY-PBhCNARIsABcz773zIc1QZZoUHGl2R23FX1hfRtQqm79-6Le28b_pg7CiUw4XCUpJDJ0aAnK3EALw_wcB This might hep you : As soon as VA approved my Chapter 35 application I contacted the veterans counselor at the school and was able via her help, to co ordinate my tuition payments with VA as to Chapter 35.There were a few minor glitches at first because I was their first civilian, and first Chap 35 student. Veteran counselors at colleges however are very familiar with the G I Bill and how that works, and familiar with VA VR&E students. I commend you for considering VR&E and online education. It is far different from a traditional campus college, and I feel it is harder then campus college, but then again , I didnt have to fight for campus parking spots on cold winter nights, and AMU did have a "coffee clatch" area where a student might b able to kibbitz with another student and often their Prof might be at the coffee latch, to 'talk', as well.. on line. If you or any AMU student have a Naval course (or any military branch course )you might be given a sample thesis and it wil probably be one of mine, as my Naval prof asked for my permissions to use some of my work as examples of what a good thesis must cover, that all students could review. Gee...I wish I was back at AMU sometimes- It is possible also that you can get a book grant-----maybe at any college. USMC gave me a book grant and a free subscription to Marine Corp Gazette bcause the Gazette articles were part of some assignments I had, in assignments that required me to analyze battles. Good Luck!!!!

In this excellent article by Hill/Ponton (vet lawyers) it states in part: "But arthritis can also be presumptively service-connected. According to the VA regulations, if your symptoms of arthritis appear within one year of discharge from service and qualify for at least a 10% VA disability rating, the presumption of service connection applies." https://www.hillandponton.com/va-ratings-for-arthritis-explained/ They also have info in the article on how it can be secondary to an established SC condition. Here is the BVA's statement on chronic presumptives: "If chronicity in service is not established, or legitimately questionable, then a showing of continuity of symptoms after discharge is required to support the claim. Id. If not manifest during service, where a veteran served continuously for 90 days or more during a period of war, or during peacetime service after December 31, 1946, and the 'chronic disease' became manifest to a degree of 10 percent within 1 year from date of termination of such service, such disease shall be presumed to have been incurred in service, even though there is no evidence of such disease during the period of service. 38 C.F.R. ง 3.307. The term 'chronic disease', whether as shown during service or manifest to a compensable degree within a presumptive window following service, applies only to those disabilities listed in 38 C.F.R. ง 3.309(a). Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013)." https://www.va.gov/vetapp16/Files2/1610669.txt The list of Chronic Presmptives is here at hadit and I feel many Vet reps, VSOs etc overlook them- even when a vet files within one year after service and has a chance to possibly prove the 10% criteria with their SMRs or with private medical records, that arose withi the same one year after service,for the same disability.

Mr. CUE , yu posted yesterday (I think)= this statement: "Which are granted by the record and effective by the record. So I need the hadit legal team help. Lol I just can't seem to be able to word it right. What laws would you use and how would you word it is my ? Here is the bva decision I will be do a cue on." I referred you to my SMC CUE template here many times, that contains the proper wording for a CUE-that is a CUE filed againstt an RO decision. However a CUE Motion is required for filing a CUE aganst a BVA decision and there is also BVA Motion info here- A Motion is not a complex situation, and the RO will deny a Motion filed at the RO leve because they would not have jurisdiction over it, s it is only appropriate for filing on a BVA decision that, as the last page of the I-9 states info on that. I did not see ,when you first brought your situation here, that a prime facie CUE had occurred., at the RO level and I do not see CUE in the BVA decision above. But we are technically all of hadit's "legal team"and it appears t e that you have not realized how much help you have already received here- On your profile page it states you have made 695 posts since June 2018 and under "all Activity" on your profile page, you have every single post and reply there regarding your issues. I suggest you read over all of the advice you have gotten so far here in your "activity" section on your profile. And as I stated here before many times Re: CUE in general- a CUE will very often be found on the Rating sheet. But the Evidence list and their rational with th citations to VA uses, can also be probative to a CUE claim. I often post CUE templates here as replies to a specific post-if you use the search feature ( and that can take a bit of time) you should be able to find templates that can be used for any CUE filed at an RO. Also the VBM by NVLSP has quite a bit of info on how the VA can commit CUE.

This is very concerning: " I just need to figure out how to do this myself rather than pay somebody money again for no results because they give me bad information. I had no problems going to my exam, but they strongly suggested I don't. " Without a C & P exam, and even with a strong IMO/IME, the VA can and will often deny a claim,if a vet is a no show for their C & P exam. Because there is no concept of Relative Equipoise they can apply. In some cases such as recent VA medical records,submitted with the claim, some vets might not even need a C & exam but that does not happen often. My exerience with two lousy posthumous C & P exams at VA was that my IMO doctor could easily knock down the C & P results ,with a full medical rationale . When BVA ordered a third exam for that claim , a Cardio exam, I got a VA PA C & P exam- nothing wrong with Physician's Assistants but I knocked down those results myself, and sent my rebuttal directly to the BVa as the PA didnt have a clue on heart disease and BVA disregarded that exam as too speculative, and awarded. Relative Equipoise ,in my case, meant that I had 3 IMos to support my claim, and had even ordered a 4th IMO and I paid for a real Cardio exam, so the BVA wanted 3 VA exams- 3 for and 3 against-and they awarded . The forensic cardio doc had not even prepared that IMO yet so the company refunded about half of the fee I paid. Relative Equipoise ( evidence equally for and equally against the claim) is what gives us the Benefit of Doubt, as explained on page 8 of this CAVC decision: https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc/01207459408 and discussed here multiple times under our search feature. I sure wonder who charged you $ for bad advice and if they have any legal standing to even have been your POA. But best not to mention 'who' here. Many of us have gotten piss poor advice from so-called vet reps, etc. My BVA decision concludes with this statement: "Based on this evidence, the Board finds that the weight of the evidence is in relative equipoise exists in this case. Resolving reasonable doubt in the appellant's favor, the Board finds that the criteria for service connection for the cause of the Veteran's death have been met, and the service connection for the cause of the Veteran's death is warranted. 38 U.S.C.A. § 5107; 38 C.F.R. § 3.102. " I was disappointed that the BVA did not mention much of my considerable evidence in the decision, bcause it could have helped other widows/widowers, as I had studied all of mydead husand;s VA medical reords diligently and by then I had also studied Cardiology, Neurology and Endocrinology, and Dr Bash found my lay medical work was supported by the documented medical evidence,to include all VA blood chem reports,etc and even my non- medical evidence such as my husand's driver's license.

Just to add ....the DIC remarriage law changed twice and here is the recent version: https://www.military.com/benefits/survivor-benefits/2021/06/30/remarriage-rules-relaxed-surviving-spouses-seeking-va-benefits.html

I often read the guests online list to see what they are focusing on- But I ask all guests to make sure you are reading the most recent posts, in many cases, that you are focusing on, because some of the info in older posts has changed with time. The regulations and even diagnostic codes etc have changed over the years, as well as M21-1MR. I want to call attention to something else- I have seen a guest trying to post in the DIC forum a few times lately- but we cannot read any guest questions here until the Guest formally joins the site. Sometimes I also see this happen regarding AO questions, and sometimes a Guest will go to my profile, and profiles of others here, but there is no way they can avoid joining the site for answers to the help they need. I am VERY grateful to all of you Guests----- hundreds a day who come here to read the Best info on the net for VA claims. This is a secure site and we have the ability to read VA decisions, that are redacted as to C file #s, names, addresses,etc, of the claimant mfor our members. The decisions hold the Evidence list and tell us what is still needed to succeed. Many years ago the VA tried to change the way they 'speak' in decisions that were often very hard to comprehend. They have changed that way of using VAOLA but it still can baffle may vets and/or their survivors. BVA speaks a different language than the ROs, and CAVC is the highest level of VA legalize, unless the case goes to a Federal Court. Many decades ago, at the urging of the VVA-(I think I was their first Asspciate member, as a civilian ) I tried to file a claim with the VA and found that I didnt have a clue on what I needed to succeed-and the vet rep I got acted like I should not even have been there to file. It can be Overwhelming when you start to deal with VA, and specifically for widows/widowers of veteransin my opinion and experience, because vet reps and VSO really do not get many survivor claims, and some I think are too lazy to even read the DIC and accrued regulations. In 1998 a socalled former vet rep I had, did not even know what the Nehmer decision was about! Some however are superb. A VA VSO called me many years ago to come into the local VAMC to see if I could help him with a very difficult widow's situation.*** The widow had remarried, and the VA had changed her name on her DIC check, but years after that they wanted thousands of dollars back because they had made a serious overpayment. This was years before the VA changed the regulation that allows widows ( at age 55 I think- the regulations is here somewhere) to keep their DIC after remarriage...Most widows will remarry a veteran anyhow, I believe. The case above ***went to the BVA and the BVA said the widow still owed the VA thousands of dollars for the DIC she had received after her remarriage. The VA VSO was heartbroken for her and he was a great VSO ,per many of the local vets I knew, who he had helped. But like another good local vet rep I knew, he became completely burned out, by trying to do a good job and that is not unusual for anyone who tries to help veterans or their survivors. Sometimes a wonderful thing happens here when someone, as a guest, got enough info here to succeed in their claim and that is when they join formally to tell us of their success.

Buck, before I lose Internet again- I certainly want you to know that we need you here-- And I sure do-I find myself inside an enormous cloud and will probably lose satelittle access very soon as I did many times yesterday and twice this AM already. It is like when you are flying and the plane gets into a cloud.Everything is white. I have three enourmous windmills about 200 feet from the highest point of my farm and I cannot even see them and that tells me I will lose access so I sure need you here because it prevents me from getting here-this situation might last for days- my whole satelitte system was checked out a few weeks ago-everything on my end works fine. But clouds affect the signal from the satelitte. Thanks Buck

I thought it was current up to December, 2021 when I clicked on the link. The BVA's Annual Report to Congress should be published soon and that might give you some good info on 2021 Metrics. The BVA is in DC and DC has been hit with some strong weather this month. The Fed Gov often shuts down for snow- they are not equipped in DC to handle snow and ice like they do where I live in NY. Also I managed to get some good info under FOIA from the BVA. They were able to highlight all of the 1151 claims there from widows/widowers of veterans , for me,over a long period of time.

"I think you need to call Glen Johnson, of the CHAMPVA program: Glenn Johnson 303 331 7864 He has done many show here on how CHAMPVA works." I posted this here in 2015 to a CHAMPVA recipient, but this might still be his contact # at CHAMPVA. Buck, as a widow of 2 vets (27 years from one death, and 41 years from the other death,) two young men with 2 Hds each, the grief never goes away but gets so much easier in time to deal with. I was in shock for years at my USMC husband's sudden death and actually still am. But those deaths prepared me for God's path for the rest of my life. If Rod ( USMC Combat Vietnam) had not died I might not even have been here because we were both on other vet sites , in the limits of the internet 27 years ago. Like the Prodigy Vets BBS , with a former BVA lawyer, but then again ,once we discovered hadit- if he had lived he would now be right here with me helping vets. He knew more about DIC than I did long ago-I never gave DIC a thought -I focused on PTSD vets, and by 1991, I foused on Agent Orange (Nehmer)too. BUT within a few months after he died, my neighbor asked me to go to the local volunteer fire Department with him, as they had an Open House display for the public. My neighbor (20 years Ret USAF) by then had been their prime ambulance driver, for years and had taken another ambulance call, the day Rod died. We have 2 ambulances, and they always called for a standby from another ambuance corp when both ambulances are in service. I ended up joining the Fire Department auxillary and my daughter became a junior fireman before she entered the military. I stayed for 8 years until I enrolled into AMU.But still responded to many calls after I quit-if they needed me. Once a volunteer fire dept member- always a volunteer fire dept member. It changed my life- when we are doing something for others, we can often easily put our grief aside and begin to not dwell on it too much. Buck You have helped so many here and that is one way to deal with your grief- and of course volunteering for a church was always part of my life -but often never doing something that could have the positive affect of being on web site like this one,where what we do ,with the best advice we can possibly give others, emphatically can change lives for the better, for veterans, for their dependents, and for their survivors. I am not suggesting you join a volunteer fire Department! ( athough most of our members and many Chiefs were veterans)- I am suggesting you continue to help vets here- because your help has been invaluable to hundreds if not thousands ,including the many many guests who read these posts...hundreds every day.

https://www.va.gov/health-care/family-caregiver-benefits/champva/ This site has the CHAMPVA booklet- We had a question about CHAMPVA from a spouse not too long ago and she said she would print off the Booklet- but I advised her that it is a very long pdf and best to keep the lin n a good spot on your PC, and copy and past those parts of it that are most important to you and save them in Word or Office org. etc. This and other sites of you google CHAMPVA has good info too. https://www.benefits.gov/benefit/318 I think it has been years since Glenn Johnson was interviewed on many of our past radio shows-I dnt know if he is still with CHAMPVA and will try to find his contact info for you. But if you search here for his shows at hadit, he probably answered your question as to the deductible already there- Personaly I wishCHAMPVA was V&CHAMPVA 'Veteran and Civilian' because it is a far better program than the way VA often handles any veteran's medical care. VA saves lives every day-I absolutely believe that- but not every veteran, in my long years iof investigating the VA, as to 1151 and FTCA issues, and being a survivor of a wrongful death of my husband,(granted) know not every veteran gets the best care they can get, from the VA. My Incurance man had handled my H/O and Car insurance for years and one day long ago he asked if they could sell me medical insurance. When I told him I had coverage from CHAMPVA he said 'Oh -we could never do better than that.'