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hp1030

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  1. Hello and health to all: I recently received my determination with approval of my disability benefits. The month of December as instructed by a SS tech, I filed a letter with SS to get rid of my attorney. To my surprise they still paid her!!!!! $5000.00!!!!! How do I fight his, My attorney did almost nothing to help my case. My sons did all the work. Looking forward to your help. P
  2. Thank you very much Carlie.Just read the regs. Very useful.
  3. Just to clarify, Please. Is it true that all active duty personnel stationed and submitted to this deadly water at Camp Lejeune are prevented and excluded to claim due to the Feres V. US doctrine?? That seems to be the answer to my claim on a Form 95, The Department of the Navy sent me March 2007. Basically the answer was a "We deduct You were on active duty, Sorry" If you were not we need more info.
  4. I would like, as I think many others,to see this regulation in regards to the rules governing a change of diagnosis. I think I might need to use it very soon.
  5. I am a battle seasoned hospital corpsman and special warfare operator. I just saw the youtube video on Camp Lejeune, I have cried my eyes out in compassion and empathy with this gunny and his family. My prayers and deepest sympathy to him and all proud veterans affected. We can not allow this to continue. We have been to hell once too many times and continue to pay a very high price.
  6. Rock: I contacted this firm on January 2007, to this date I have no response from them. Not even a Phone mssg. I've included copy of the letter sent to them with a signed form 95. Thanks for the accurate info. I will keep trying. HP January_17_Carta_Abogados_watersurvivors.doc
  7. No improvement at all, the condition continues to worsen.
  8. I submitted a claim to the federal tort claim litigation on a Standard form 95 January of 2007, Since, they have answered and in essence they told me that since I was on active duty at the time I could not claim. they cited Feres v.US, 340 US 135 (1940. Any advice? Thanks in advance.
  9. Can a VA doctor on a C&P evaluation change the diagnosis, of a previously rated skin condition? The same condition he underrated on a previous evaluation? I've had a diagnosis of Mycosis Fungoides-Ecxematous Dermatitis rated at 50 % over 12 year, this Doctor deduced it to 10% on a previous C&P evaluation. Now he pretends to change the diagnosis to Alopecia Areata, I understand with the intent of not been able to go over 10% disabling, Is he allowed to do that? Is there any recourse to prevent this?How accurate are VA biopsy's since they are ordered to prove the Doctors case? On previous biopsy's the results are the same as the possible(rule out) diagnosis, always!!!.Now he wants Alopecia Areata, and I am sure he will get it. How can I fight this? Thanks in Advance, And Happy Birthday to all the great US Army fellows.
  10. Thank you guys: I think I am ready now for this C&P eval. I will bring progress notes, psych progress notes an IMO and the last evaluation by my private dermatologist. I will also bring the last blotched C&P exam by the dermatologist who reduced my benefits (soon to retire!!!) and copies of previous C&P exams and determinations which granted SC and 50% disability rating since 1994. I will hand deliver this info to the RO with a statement of the case. I do not think any of this info was ever considered appropriately. Berta,,,, Jay,,,,Vike,,, any new advice? Am I on thwe righ path????? Thank you so much.
  11. Berta: I agree they have not considered even half of the information provided. If we went by the Schedule of Ratings for my skin disability I would have to be rated at 60%. My private doctors states that the skin involvement is over 60% with constant corticosteroids treatment according to this info, It should be rated at 60% disabling. Correct? My main diagnosis is Mycosis Fungoides a type of T cell lymphoma,but VA call's it Dermatitis.???? 7806 Dermatitis or eczema. More than 40 percent of the entire body or more than 40 percent of exposed areas affected, or; constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs required during the past 12-month period 60% 20 to 40 percent of the entire body or 20 to 40 percent of exposed areas affected, or; systemic therapy such as corticosteroids or other immunosuppressive drugs required for a total duration of six weeks or more, but not constantly, during the past 12-month period 30% So I do not think there was a scheduling error. Just a contrary to law rating reduction. Thanks in advance.
  12. Jay: I have to see a "regular" doctor since my condition continues to worsen. All this information has been provided to VA. Is there a criteria or a format to prepare a CUE claim??? Should I wait for the resolution of this matter?? recently I called the regional office and they said I only had my appeal on file no more claims, and this is not true.Do they stop all claim to go ahead with the appeal?? Thanks in advance to all. HP
  13. Jay: I have appealed. This C&P evaluation(next Friday), I guess was ordered by the RO, before deciding if they send the appeal to the board(?).Problem is, it will be the same evaluating doctor who reduced the benefit in the first place. Yes, all the opinions were done close to the C&P exam. The RO had information with contrary evidence against the C&P evaluation at his disposal.They allegedly did a "di novo" review!?. They based the reduction on the % of skin involvement, the C&P doctor said it was 10 percent,with a progressive condition involving face, trunk, upper and lower extremities and the buttocks.???? Please describe "right documentation" and what a "proper case" is if you will. Because there is nothing more I want right now, with you guys help; than to win. Thanks to all in advance.
  14. Vike 17: Nothing random about my reduction, I agree. My Service connected disability was brought to light when we requested IU(2004). I received a C&P evaluation shortly after and the benefit was reduced; On a single examination, with evidence from my private doctors and VA doctors that my condition had not improved and continue to worsen. This is not correct. right Vike??? I contend that they did not follow procedure and never complied with 38 C.F.R. Section 3.344. We have appealed, that bring up this next C&P eval.Friday.Same doctor.(Juror and part???) We have submitted all available evidence , records, biopsies...etc,etc to the RO. Should we send again now? My prior C&P was done in 1994..!I have copies. Jay: The doctor did not meet ANY requirement, But they still went ahead and reduced my benefit from 50% to 10 % after over 10 year without improvement and the condition worsening. I have many medical opinions stating so. What else do you think I might need to do? What else can I Do before Friday?? I thank you guys.
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