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is nuts!

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About is nuts!

  • Rank
    E-3 Seaman
  • Birthday 02/17/1970

Profile Information

  • Location
    Orange Park

Previous Fields

  • Service Connected Disability
  • Branch of Service
  • Hobby
    Deep Sea Fishing
  1. That is the easiest way to do it. Most of the time they skip that step as its a little quicker. You will have to call the number from your bill and explain that it is used for a service connected condition and you shouldnt be charged for it. They will help you. Next time just make sure you ask the Nurse or Doc to check the service connected box and all will be good. Dont forget about your Travel Reembursement.
  2. I take 300mg at night and sleep like a baby. Its a mood stabalizer so it might help you. It does have severe side effects so be careful. It will raise your cholesterol and blood sugar levels. You should be monitered by your PCP while taking. I had to take meds to lower my cholesterol. It blocks the signal to the Brain telling you that you are full so be prepared to be HUNGRY. It is the only thing that has worked for me and I couldnt live without it. Just give it time to regulate your mind before passing judgement on it.
  3. Yep. Ended on a sunday and they received it on the next day Monday.
  4. This helped me out when ST. PETE DRO tried to say I was late and did not file a timely appeal. Cut and paste from the M21 22. Substantive Appeal Introduction An appellant files a substantive appeal to perfect the appeal before it is sent to the Board of Veterans' Appeals (BVA). This topic contains a information on · the purpose of a substantive appeal · what constitutes a substantive appeal · the substantive appeal time limit · computing the substantive appeal time limit, and · handling a time limit extension request. Change Date August 4, 2009 a. Purpose of a Substantive Appeal An appellant and/or his/her representative must file a substantive appeal in response to a statement of the case (SOC) in order to perfect or complete the appeal. Once an appellant and/or his/her representative files a substantive appeal, the appeal is certified and sent to the Board of Veterans' Appeals (BVA) if no other development is necessary. Continued on next page <B style="mso-bidi-font-weight: normal"><BR style="PAGE-BREAK-BEFORE: always" clear=all></B>22. Substantive Appeal, Continued b. What Constitutes a Substantive Appeal A substantive appeal is one of the following documents containing the necessary information as provided in 38 CFR 20.202: · VA Form 9, Appeal to Board of Veterans' Appeals · written correspondence containing the elements listed below, or · a statement at a formal hearing or informal conference reduced to writing. Necessary Information: The information below must be included in a substantive appeal. · If the SOC and any subsequent supplemental statements of the case (SSOCs) addressed several issues, the substantive appeal must either - indicate that the appeal is being perfected as to all of those issues, or - must specifically identify the issues appealed. · The substantive appeal should set out specific arguments relating to errors of fact or law made by the agency of original jurisdiction in reaching the decision(s) being appealed. To the extent feasible, the argument should relate to specific items in the SOC and any subsequent SSOCs. Note: BVA will · construe such arguments in a liberal manner for the purpose of determining whether they raise issues on appeal · not presume that an appellant agrees with any statement of fact contained in an SOC or SSOC which is not specifically contested, and · determine the adequacy of a substantive appeal. c. Substantive Appeal Time Limit The table below describes the time limits for an appellant to file a substantive appeal. A substantive appeal of a … Must be filed … contested claim 30 days from the date the Department of Veterans Affairs (VA) mailed the SOC or SSOC. Reference: For more information on contested claims, see M21-1MR, Part III, Subpart vi, 6.A. Continued on next page <B style="mso-bidi-font-weight: normal"><BR style="PAGE-BREAK-BEFORE: always" clear=all></B>22. Substantive Appeal, Continued c. Substantive Appeal Time Limit (continued) A substantive appeal of … Must be filed … all other claims before the later of the following dates: · 60 days from the date the VA mailed the SOC or SSOC, or · the last day of the one-year period from the date VA mailed the notification of the decision being appealed. Note: After issuing an SSOC, VA must provide a claimant a 60-day period in which to file a substantive appeal, even if the one-year appeal period will expire before the 60-day period ends. Therefore, when a claimant submits additional evidence within the one-year appeal period, and that evidence requires preparation of an SSOC, the time limit to file a substantive appeal shall end no sooner than 60 days after the SSOC is mailed. d. Computing the Substantive Appeal Time Limit When computing the substantive appeal time limit · exclude the first day of the specified period · include the last day of the specified period, and · if the time limit expires on a Saturday, Sunday, or legal holiday, include the next workday in the computation. If the postmark date is · prior to the expiration of the substantive appeal period - consider the substantive appeal timely, and - retain the postmarked envelope, or · not of record, presume the postmark date to be five days prior to the date VA received the substantive appeal, excluding Saturday, Sundays, and legal holidays.
  5. I need a little clarification on a couple of things. Here is a qoute from an email I got from my VSO The VA C&P physician is under no obligation to review private medical information; their role is to provide the VA an independent assessment of your claimed condition and to see if it is related to your active military service. Therefore, the C&P physician is required to review your Service Medical Record and to examine you and make a determination if it is “at least as likely as not” that your condition you claimed is related to active duty. The VA Rating Board will evaluate additional private medical evidence presented and make a decision if your condition is related to active duty, taking into consideration the C&P physician’s review of your condition, medical evidence from private sources and if your suffer from a condition that is directly related to service. I assume what he is saying is the C&P Docs only look at your SMR not any private records? If that is the case then I need a Lawyer ASAP and an IMO.
  6. Berta, Thanks for the reply. All my private records do not have a connecting nexus except for the depression. All the items I am claiming were listed on my seperation physical. The medical records I have show chronicity since discharge. Also where the DRO states I have no diagnosis from a va phsych for PTSD is simply not true. In the form 9 I attached VA medical records from 3 VA docs diagnosing PTSD. ALso in the actual C&P examine the Doc does say I have an inservice diagnosis of PTSD and Depression yet the Rater and the DRO mis read or Just lied. Yes I sent the documents and they have almost all the medical records. I agree with the Lawyer and the IMO. I will upload the Form 9 as it will list more of the errors or what I thought was an error. I havent received my C-file as I thought it would slow down the process. VA FORM 9 -1.pdf VA FORM 9 APPEAL DOC 3.pdf VA FORM 9 APPEAL DOC 2.pdf
  7. Ok here is the SOC and SSOC then I can explain what I did or maybe just post the FORM 9. After I received the SOC I was in shock as they didnt look at anything. I typed a big long post and decided to delete it and just post the Form9 I submitted after the SOC. I havent replied yet to the SSOC as Im lost, pissed off and having a hard time financially and cant concentrate due to the Rage. Now keep in mind that when I went to the first C&P they had no records whatso ever and I am at fault for that. I didnt do the stressor letter as it was in my treatment records and it was really hard to go thru. Luckily I have been blessed with a really good Pshych doc and 2 awesome phsycologists. My mental C&P was a 10 minute joke and I have pretty much disprooved almost all of his statements. I know an IMO would close the deal but I feel I should have been afforded another C&P on all items as they had no treatment records after service. Any way Thanks for Looking and I will post the Form 9 later as I have to unplug my internet to plug up the scanner and edit. Pain in the butt, Carlie I sure hope you can find a hole somewhere and hopefully I didnt screw it up more than I already have.
  8. ]Here is the initial rating decision. This is what I took to all the VSO's that I could find in the area that would agree to see me or they called me back. I found one that seemed to be the Best of the Worse. He advised I only appeal the Depression, PTSD, R knee strain and develop more evidence for the Hearing Loss. I told him I wanted to appeal all of it and I could furnish way more evidence. I told him I already had evidence for the 20% requirement for the Lower Back. He said not to appeal the back as they can take it away if you piss the DRO off. After reading here I understand it to be False as the DRO cannot take away service connection unless fraud is involved. I then later filed additional evidence and NOD for the back and hearing which will spell it out in the SOC and SSOC. I will upload the SOC and SSOC tommorrow as my computer is ancient and it takes forever. Thanks for looking and your time.
  9. After doing my initial claim by myself and being totaly ignorant to the VA process I managed to get a 10% service connection for Lumbar Strain and a 0% service connection for ingrown toenails and onchymycosis. They denied my claim for Depression/ PTSD and R knee strain and hearing loss. To prove my ignorance I assumed they would obtain all private medical records when I signed and returned the ROI papers for them to get them. They never got any records at all and I never sent any. I also did not fill out the PTSD Stressor info either. So they made all the decisions based on my SMR only. When I received the first decision in May of 09, I immediately enrolled in the VA and started receiving treatment at the VAMC and the Vet Center for Alcohol, Opiode PTSD, Depression and MST Treatment. I quickly learned about finding a VSO and asking for assistance which was a disaster. I tried to find a rep from the American legion and could never get a responce from them. I soon met with a county VSO and he offered some assistance but mostly he was there to submit paperwork only. The rest of the process I did on my own with help from reading this website. There is so much I need to say but I know how long posts are looked at and Ill keep it short and answer any questions as I go. I will try and upload the initial award and denial letter, then the SOC and finally the SSOC. Please bear with me and I am Thankful for any help I can get. My PTSD is due to MST and very personal so please take it easy on me! Might take me a while to scan edit and upload! During my uploading if the mods want to edit the content please do as it is very personal and if the DRO watches this website he will clearly know who it is. Which I could give a rats a** if the RO see's it anyway.
  10. Good day all. Ive been a lurker for a while just never posted. I am very impressed at the knowledge and help that so many of you offer. I've seen all the hours and hours of people spending their personal time to help others without asking for anything in return. I wish I could find a VSO in Jacksonville that would do that. I served from 1989-1998 as a US, Navy Seabee. I had a flawless career then suddenly went to Hell in a handbasket fairly quick and received an OTH and out the door for Popping on a Pee test for cannibus. So thats my short story. Now I need help in dealing with the St. Pete RO. I thought I could beat these guys once I found this site but I am LOOSING as the DRO Review has wasted over 2 years and just like others I'm heavily medicated and broke financially and mentally. Ill start a post in the appeals section in a few and pray the Had-it Crew can guide me to success.
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