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drohde

Third Class Petty Officers
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About drohde

  • Rank
    E-3 Seaman
  • Birthday 07/30/1982

Profile Information

  • Location
    Bethesda, MD
  • Interests
    Military History, Philosophy, Commodities Trading

Previous Fields

  • Service Connected Disability
    0
  • Branch of Service
    Army
  1. hey Carlie, Carrie wanted me to pass on to you that she really enjoyed your questions and level of involvement during the web chat the other day. :)

  2. drohde

    Increase Disability Rating

    Chris, you would likely get more than just a 10 to 20% increase. Even though the process is designed to wear you down you should still try and go as far as you can with it, especially considering the injury you sustained. I work in a disabled veteran's law office and would be happy to connect you with an attorney who could, at they very least, give you information about your options. Whether you decide to ultimately go with a service officer or an attorney (assuming you decide to move forward), information is key and your most powerful allie against VA. I hope this helps. :) My name is Douglas and my number is (877) 838-2889.
  3. drohde

    Another Win

    That's great to hear. :)
  4. drohde

    First Timer

    Nice to meet you, Mr. Harvey! You have come to the right place, there is no shortage whatsoever of quality people to talk about this stuff with. Really, this is a diamond in the rough for VA-related online forums. Welcome! :)
  5. I think that Veterans should be compensated for their service if their disability is real. Thankfully, 99.99% who claim to be disabled are. Perhaps if all servicemembers who deserve compensation for their disabilities ARE compensated, then conditions for our next generation of Veterans will improve. The military will work to create a safer, more productive environment for soldiers when they realize that through doing so they are saving money down the road.
  6. These guys are great and out of Los Angeles, California. http://veteransnetwork.net/ This post has been promoted to an article
  7. This is a show out of Los Angeles, California. These are a bunch of good guys. Enjoy! http://veteransnetwork.net/
  8. The U.S. Court of Appeals for the Federal Circuit (“Fed. Cir.”) recently issued a precedental decision that involved the application of the “implicit denial rule.” Generally, when a veteran files either a formal or informal claim, the claim is pending until it is 1) finally adjudicated, and 2) the veteran is notified of the denial. There are circumstances, however, where a claim is “deemed” to have been denied and finally adjudicated even if VA did not explicitly address that claim in the denial – this is the implicit denial rule. In Munro, the veteran argued that the implicit denial rule could not appeal to informal claims. However, the Fed. Cir. held that the rule can be applied to end any pending claim whether formal or informal. In determining whether the implicit denial rule should apply to Munro, the Fed. Cir. relied heavily on its prior consideration of the rule, particularly in Deshotel v. Nicholson, 457 F.3d 1258 (Fed. Cir. 2006). In Deshotel, the Fed. Cir. held that where a veteran files closely related claims and VA explicitly denies only one of these claims, the implicit denial rule should be applied to treat the other closely-related claims as also denied. The Fed. Cir. also reviewed other cases to conclude that the implicit denial rule requires that the denial of a claim will end the pending status of any other identical pending claims. The Fed. Cir. found that Mr. Munro’s informal claims were identical to the formal claim that VA later denied, so the implicit denial rule applied here and his informal claims were deemed to be denied. It also found that from the specifics in VA’s denial, Mr. Munro should have known that his informal claim was also being denied, as the documents he submitted as the informal claims were referenced in the decision. The documents Mr. Munro asserted were informal claims consisted of VA medical records. The Fed. Cir. noted that veterans with service-connected conditions routinely visit VA medical centers and for VA to treat each medical record as an individual claim would be unnecessary and unreasonable. While the Munro decision was not favorable to the veteran, it can provide some guidance for others. First, be as specific as possible when submitting a claim to VA. Rather than just sending in some medical records and later trying to sort out the nature of the claim, explain your claim and what the records show upfront. (For instance, stating something like, “This is my informal claim for an increased rating for my service-connected PTSD. The attached VA treatment records show that my condition has become more severe.”). Also, if you receive a denial from VA that you do not agree with or understand, let them know about it immediately. Mr. Munro faced additional burdens because he did not timely appeal denials and they became final decisions. If you are not satisfied with your decision from VA, keep appealing and keep the claim alive.
  9. drohde

    Is This Real?

    Congratulations. I don't think you'll be getting any retraction letters. :)
  10. drohde

    New Guy Introduction

    Thanks, glad to be here.
  11. drohde

    New Guy Introduction

    J, So you're the owner the that vessel! Our firm has a popular monthly newsletter and we have a picture of your boat in this month's issue. If you like I can send it to you if you send your mailing address to drohde@vetlawyers.com. I would be happy to do it. :)
  12. drohde

    New Guy Introduction

    Nice to meet you, Mr. Reihs. I am fairly new to all of this, so it will be a learning experience for us both to hear from these attorneys. :)
  13. drohde

    New Guy Introduction

    My pleasure, thank you for having us. You know, if you think the members would like to have a certain topic addressed maybe next show we can have her deal with that??? It always helps to have as many perspectives as possible. :)
  14. drohde

    New Guy Introduction

    Nice to meet you, ma'am. :) I spent a year in the beautiful hills of New York back in 2003. Are you familiar with SUNY Binghamton? That area is just gorgeous but certainly has no shortage of snow during the winter months! I remember seeing only my car's antenna that winter.
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