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brokensoldier244th

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Everything posted by brokensoldier244th

  1. Sometimes a few weeks, but usually within a week or two. My psych notes from weekly spots, too.
  2. Just go to release of information, or download it from MyHealthVet blue button. It's usually under the section for VA notes.
  3. If they back it up with sound rationale then it will be fine. A doctor is a doctor, all other things being equal, though if your civilian doc is a spine doc, for example, it would have more weight than, say, a general practitioner or family medicine doc if put in equipose to a VA spine doctor.
  4. I usually assume anything that is not P&T is subject to possible exam at some point in the future. You can look on MyHealthVet to see recent upcoming appointments but otherwise if they want to schedule an appointment for something they will tell you if its a C&P re-evaluation (ive never had one in 12 years)
  5. What does your doctor say? Just because you have SA doesn't make it service connected. None of the listed conditions have a direct link to SA. You may be able to connect it secondary to spine but only if you are overweight because of it, and even that is a stretch. It can happen, but for me it took an appeal and about 5 years.
  6. You can usually get the results of medical tests/visits from MyHealthVet under the "Blue Button" download. I get my weekly psych notes this way so that I have them. I just download them as a PDF and then save them in a file.
  7. Not sure you want to order yoru Cfile if you are in the middle of a pending claim- woudln't that just jumble it up some more? Also, what 'good authority' is telling you this? That information may be useful for other vets because normally we have to wait until the decision letter because the 1-800-PEGGY number agents normally can't really see much in the way of claim activity that specific.
  8. So, you didnt apply, he didnt apply, and its VA's fault? I don't follow the logic.
  9. EED is not a denial, its just not as early as everyone would like. I feel they are necessary. Why should someone, even a veteran, be able to claim something like Sleep Apnea or some kind cancer based on service if there is not a direct correlation 15 years after service? They give you a year to get your claims and ailments in a row, and for those other diseases and disorders that are already tied to presumptives those are already accounted for. I don't think just because someone is a veteran that they should be able to claim everything under the sun (what one of my Sgt's told me to do when I got out in 2002) years afterwards. Sometimes you get diseases, sometimes parts don't work right- its not always applicable to service. Sometimes its just getting old, or bad choices. I think the 1 yr is pretty generous as it is.
  10. Usually you can't get it back dated to onset, or in your case, to your last service date, unless you filed within a year of leaving service. NOD-ing for the other conditions is really a judgement call. Are they conditions from which you could potentially die? Then you would want to file for them so that if they were granted then your spouse would qualify for dependent compensation. At 100% your other conditions are all treatable under VA medical even if they aren't service connected, and you potentially won't net any more in compensation at 100% unless you are really messed up and housebound or need constant attending.
  11. Your depression could be rated 0%, making it service connected but not affecting your overall rating. You can't really call the VA until after it says your claim is closed. It could be pending decision for days, weeks, months, yet. Once it says 'closed' you can go and download your AB8 (service connected benefits/summary letter, under manage documents on Ebenefits) and it will reflect the new percentage if there has been a change. That sometimes takes a day or two after a decision is finalized and closed before its updated, though.
  12. VA pays student, not school. Tuition is on you unless you go to a state university that has a partial or full tuition remission program for dependents of disabled vets. Not one time use.
  13. It's in your best interest to keep your records and periodically update and scan them yourself. It's in VAs best interest to digitize and get rid of 100 thousand pounds of paper storage. It's no more realistic to hold them to a standard of absolute perfection than you hold yourself to. Yes it sucks that old guys have paper records, yes it sucks that sometimes they get lost. Sometimes they get scanned badly. You know what? Millions of pages are scanned with no problems, too, making the Secretary correct that the failure rate is somewhere around 1 percent. That is acceptable to me me and a standard to which many of you wish to aspire to. So, if you are that worried about it then go get your file, stop requesting it by mail and get of your ass and go GET IT and scan it yourself and stop blaming everyone else. They more than fulfill their duty to assist every damn day.
  14. Were I to swear at you, you'd know it. That you are a woman doesn't even enter into it.
  15. So, I have now read Johnson> The court found for Johnson so what is the problem? The statements made by the representative for Macdonald? Any hospital would say the same thing- you are approaching this on the assumption that something is always wrong, or will be wrong, or was done wrong, with no basis on which to base that assumption. The Court did its job and ordered all paper records to be produced within 15 days. Case closed. Stop spreading FUD.
  16. Its not a red herring, its reality. I've worked in health care and seen it. You assume that this is some formalized effort to cheat you out of money, whereas the the raters have no vested interest one way or the other whether you get benefits. They only get credit for time spent on a file if they make a decision so its in their best interest to find something to grant you, otherwise the hours they spend are not credited as 'work' I read Rule 10. Its pretty clear. No I didn't listen to the hearing-I have little desire to do so. The rule 10 clearly states that digital copies are just as relevant as hard copies, and once the case file is copied and certified no other evidence is usually admitted. YOU may not like it but that is the rule as stated. Don't like it, change it, but don't complain about something that is already in black and white. https://www.uscourts.cavc.gov/rule10.php (Note: material postdating the Board decision on appeal generally will not be included in the record before the agency);
  17. Yes I get it, however it is not a VA problem. Its endemic to the entire health care industry, and any other that uses paper and digitized formats. Its not a personal vendetta against 'you'. Your hospital records at your local doctor are handled the same way. Im not saying there arent problems but im tired of always reading about how 'this' organization or 'that' one are out to get someone. Its tiring to read and not really on point. This forum is to assist with filing claims not to bitch about how the VA is out to get someone. 900,000 veterans are in the system somewhere, and a good many of them you never hear about because they had their evidence, they filed correctly and accurately, and they waited and were eventually granted benefits.
  18. Do you guys ever get tired of only looking at the negative in everything? So much wasted energy. It always a conspiracy against you. Good grief. Sometimes some of you sound so ungrateful that the system even exists. Perhaps the government could have just said "once you are out you are done". Scanners misfeed sometimes, paper records fall apart. What's the difference? Every hospital, every state agency, federal agencies- all use digital documents, yet you want to mistrust them and complain about length of claim resolution but insist on paper documents only? There is no pleasing some of you. Rule ten says nothing about copies. Some of your claim files have been electronic already. It has no bearing on CAVC. CAVC has an entire set of rules specifically for electronic case files. Paper records only is not how it works. Only Mayberry would still be using and requiring only paper records.
  19. Courts of law have recognized that faxes and digital documents are valid, even as source document, for years now. The only person seeing a derp dark conspiracy here are some of you.
  20. I wasn't asking for citations of shredding, I know about those.
  21. Im well aware of that. I have a MS in InfoSec. But you also assume that the users of the computers (the VSO's) have no protections in place under the law for those computers, regardless of whether or not they are within the same domain. Don't make assumptions based on supposition- it just feeds the conspiracy theorist and ultimately creates noise and drama that don't need to be there. You don't KNOW how the VA has their rules set up for those users in the building, and you don't KNOW that the VSOs don't have their own sub domain. Ultimately, you assume the worst of us, the IT people, to have no scruples or knowledge of our own protections over whether or not to hand over information. Ive lost jobs before because I would not circumvent IT policies for the whim of some manager or HR person. Many others of us in the profession have, and will continue to do so. Some of the certifications I hold require me to adhere to a code of conduct or face removal of those licenses. No licences/certifications, no job, for example.
  22. Unfortunately im not going to go down this road with you, Bronc. Unless you have cites for your stats, and the reasons why they were denied, they are meaningless.Not every one wins, or deserves to win their first go around. There are like, 900,000 veterans in this country, and some of them persistently file claims and appeals because they feel owed benefits yet they have no evidence to back up their claims. Others don't know the proper procedures- they can be helped. Some dont have the evidence 'right now'- they can usually be helped too. Its not a popular opinion but its also one that I refuse to relinquish. I want to win the lottery, I DESERVE to win the lottery, but I don't. Must be the lottery's fault, right? You had a bad go. It happens. Im sorry for that. That doesn't make your opinion of the VA having a vested interest in causing Vets to lose any less confirmation bias than mine that is based on supplying good evidence and a well constructed claim that you will usually win, albeit sometimes after an appeal.
  23. Thats like saying that your public defender has it in for you just because their office is in the City County building, and just about as absurd. Most of the time there is good information here. This isn't one of them.
  24. I suppose, but its not in their best interest. They can charge for you for anything they want to normally, but they won't represent until an initial denial because there is nothing in it for them to do so. A lawyer is prevented from charging fees by law until after a NOD is filed. Legally you can ask an attorney for help at any time in the process but they can't charge you for it, so, most don't. And, again, there are so many resources with free information that have been vetted by others, or the veterans community, that there is no reason to spend money on something that is pretty simple. The backbone of any VA filing is evidence, and lots of it. Not "this one time in the Army I had a........" and then file. Consistent treatment records are a necessity. A lawyer can can't get your records any faster than you can. The forms are pretty self explanatory so there is no need for a lawyer then, either.
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