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brokensoldier244th last won the day on October 22

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About brokensoldier244th

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    Acoustic guitar, newly acquired electric guitar, tech/computers, irrelevant information.

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  • Service Connected Disability
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    Scifi/fantasy reading, acoustic guitar, vocal music

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  1. 8940s are always processed as increases first- thats the only way to mark them in the system when they come in or they don't process as a new claim and they sit in limbo. Once they are classified, then they are considered for increases first before the IU decision comes into play. VIII.iv.3.B.1.e. Veteran’s Responsibility to Specify a Disability or Disabilities That Cause Unemployability II.iii.1.A.1.a. Requirements for a Complete Claim Received on or After March 24, 2015(referred to above)
  2. I did not quote 4.16b because it has no bearing on my job or what I do- its a rating decision, or has to be brought up by a veteran. My lane deals with getting the veteran's claim in shape so that it is in the best possible light for the rater, but I don't make any suggestions or decisions regarding it's outcome. I do bring items of note up for the examiner or the rater that I find, things like if you have had 8 WFH jobs in the last 4 yrs because thats what your PTSD allows you to do on good days but still have challenges with them do to (usually) medical appts timing, bad days, whatever, and I highlight the returned 4192's (when I get them back, which is rarely) sections where employers can comment (again, rarely), and I try to find things in the MH therapy notes under the Work History and Social history that might help contribute to a positive outcome. Its the best I can do, after that its out of my hands.
  3. You claimed them when you filed your 8940 In Sec 1. Generally, though, the rules are: The Individual Unemployability requirements are (1) you must be a veteran to get IU Benefits and (2) you must have one 60% service-connected disability or two or more service-connected disabilities with one rated at 40% and a combined VA disability rating of 70% to qualify for IU Benefits.
  4. yeah, my resmed s9 lasted 10 yrs. That was the one they used to use. Still have it, even though I have dreamstation. Phillips is the current contract and NO-ONE can get one not just VA. It’s an international recall. Problem is selling or buying a used cpap is dicey at best, and at ten years old it’s not probably operating at full pressure anyway, or worse, you could buy a complete fraud of a machine. Then you have to set it up or find someone to do it for you. Still, it was only replaced because I asked not because it broke. So it sits here in a bag, unused. I can’t even donate it, thus far as I’ve seen, due to its age and usage hours.
  5. Hand to God, got it a few weeks ago in response to a letter I had sent them, since phone communication has been unsuccessful. It was scrawled out, almost unreadable in places. Bill Clinton was also involved with MK Ultra, and experiments were in the water. The veteran was desert storm era. He has some other challenges going on as well. I managed to get hold of his VSO, though, and bring her up to speed a bit, so she could maybe steer towards somebody.
  6. Like I said, until we are cleared to use it by National and the infosec people figure out whatever they need to figure out so as to make it a secure method of contact (HIPAA, etc), the only people that can use it are in Outreach, and some of the MST coordinators- but not for medical stuff. We have a whole group in our RO specifically for calling veterans about things, and we (individual VSRs/Raters) can also call directly if we need clarification of somethin. This is completely different than the phone bank people- don't know about the other RO's. From personal experience over the last year and a half (wow) it would help if veterans would actually pick up the phone when I call them to ask and clarify something like "what arm are you claiming, left or right" or "what do you mean by 'body aches'- body aches isn't a diagnosable disability so I need some more info....", or "I can't read X,Y,Z on this - what years/place/whatever did you serve, or where did the event happen..." They don't, so I have to send them a letter instead, and then wait for them in many cases to ignore it and not respond. Or the ones that do respond with sarcastic or profanity laden statements that are no help. Telling me to call the Taliban to get more information on your reported incident doesn't help you, or me, one bit- plus, it all ends up in your file.
  7. Experienced vet advocates have known (or should have) that Ebenefits has been getting shut down for over a year, now. They shouldn't have been trusting it anyway- if they are a legal POA they have access to VBMS anyway and there is no reason for them to use Ebenefits ever.
  8. They shouldn't have- it establishes a personal connection to the veteran, making that claim ineligible to be worked on by that VSR again, first off. 2nd, Email has not been cleared as an approved method of contact by InfoSec at any level. The reason the email address is listed on the 526ez is so we can put it into our system here, and it gets attached to the exam request as a method of contact so the vendors can contact you regarding exams. We- VSRs and Raters, are not supposed to use email as a method of contact.
  9. If it’s not posted anywhere then you’re just speculating. They don’t need to-it’s not anyone’s business but the person who filed the claim. What do want us to do send an email every time we award someone a claim over X dollars to anybody else that’s waiting for adjudication? Put up a web page with “over 10,000,000…..paid” with a revolving number?
  10. Entered Active Duty (EOD) Released from Active Duty (RAD) Conditions rptd within a year of release of active duty generally don't need opinions for service connection. It doesn't mean that they are automatically SC, but it does mean that the determination of SC or not is made off the findings of the examiner on the DBQ, along with your service records, your Enlistment physical vs your Discharge physical, stuff like that. After 1 yr (or, to really muddy it up if you filed an intent to file within 1 yr of RAD you get until 1 yr from THAT where a medical opinion isn't requested by VA) the doctor has to write an opinion with rationale based on your STRs, anything from VAMC, your ENL and DISCH physicals, private records that we have as evidence to submit with your exam request, and send that back to us along with the regular DBQ (disability benefits questionnaire). ***EDIT*** Private medical records have to be sent to us, or you have to give us release to request them (and some providers still ignore us, meaning if you want those records as evidence you have to get them anyway. VA also does not pay providers for records- some charge). If we don't know that you get treatment from somewhere, we don't know. A 21-4142/4142a release form is good for 1 yr from when you send it. After that, even if you are still getting treatment from a particular private provider we can't just request more records because we did so "that one time.....". We have to have a new release. Also, 21-4142/4142a were updated recently and the new form date at the bottom says "JULY 2021 ". The forms immediately prior to a form update are good for 1 yr after its updated (the month/yr at the bottom), i.e. your VSO that just scans the same old sheet and emails it to you may or may not be the updated form. Same with whatever you download off the internet from "whereever". Not all those various private sites update their forms, or their information about conditions, contentions, legal stuff, VA regulations changes, etc. Basically, kids, what I'm saying is that if you need a form for something- claims, appeals, support of claims, records release, whatever- get it off the VA website (or do a google for the form name or number and it will usually take you there, too) otherwise you and/or your POA run the risk of us sending a form back to you saying "its the wrong form version, the updated form is attached, please complete and return..." . Example: https://www.veteransdisabilityinfo.com/files/va-form-21-4142.pdf Still using the form from 2012. https://formswift.com/free-write/edit.php?documentType=va-form-21-4142-6-2014&ses=75e13d123a06a126751791e8e839db8b&key=197787961 Still using form from 2014.
  11. VA does not sent records to the NPRC. We request them from NPRC, or RMC, or, after 2014, they are sent to VA automatically in digital format. Anything that goes to NPRC comes from the Services.
  12. ?? What are you asking? Those records have been at the NPRC for years. We have whatever was requested at different times for your claims, but the originals that are unscanned are at NPRC same as always. You can file a request under FOIA for your C file from VA or you can request your records directly from NPRC- but those are only medical and personnel. Your VA files have never been there.
  13. No, you log in as normal. Nothing has changed other than moving most everything to VA.gov. If you have no updated status of your appeal its because no one else does either. Every thing is taking longer, evidence gathering for federal records is taking weeks and months instead of days because one or more of the NPRC facilities are either on skeleton crew or locked down. They are not VA facilities, we have to wait for things just like the rest of you.
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