Carl the Engineer

So, I gets my cfile finaly. The LHI examiner checked the box, 4b. The claimed condition is less likely than not (less than 50 percent probability) proximately due to or the result of Veteran’s service connected condition. But then in the rationale, she writes, It is most likely as not that BARRETT'S ESOPHAGUS is secondary to Left ventricular hypertrophy or hypertensive heart disease. LOL, you can't make this stuff up. So then the VA deferred it another third party for the another 4b., box checked. Carl

Today in the mail, I recieved a letter from LHI stating that they recieved a request from the VA for a Medical Opinion(s). This request was for a Medical Opinion(s) where an examiner performs and evaluation using your medical records and history. At this time, no action is required on your part. It will be done by a NP out of Tennessee. Service(s) requested, see attached.

5 months, plus 5 days. Recieved disc in the mail today. Had to sign for it. I'll spend the evening viewing, Carl

I don't believe the third parties, i.e., VES and LHI understand how the VA comp system works completely, whereas the old VA examiners did. The whole question of when you entered service, the military bought you as "whole" and that you had no pre-exsisting conditions. That is why you went to MEPPs and had the extensive physical. I can see where a (VES or LHI) doctor could think, or assume, well a person who develops this (make up a desease) probably had it as a child, etc., but the VA examiners knew that this didn't matter, as the Veteran was "born" when he passed the MEPPS physical. As with most jobs out there, there usually is a bit of time where the two work together (right seat, left seat) so that the new person(s) can pick up the intricasies of how things are done. I don't think that happened, Carl

Briefly, I had the informal conference and I made the "argument" that the examiner did not put forth an opinion on whether my service connected medications caused my new maladies and that I had claimed them as secondary. They had been denied as being claimed as direct connection. She agreed that they were not looked at as secondary, as claimed. At the end I did ask her if a statement from a medical journal was new evidence or could I enter it as an opinion, (argument, ^^^^^). She said she wanted to hear it, and I gave her three seperate statements that supported my claim from two different major medical periodicals. So, there is that and I think it helped my case, Carl

"Along with addressing the toxic exposure of veterans who served after 9/11, the bill will add hypertension to the list of presumptions. That will likely allow more access to care to veterans who served in the Vietnam War and were exposed to Agent Orange." Read more at: https://www.kansascity.com/news/politics-government/article262497212.html#storylink=cpy That is at best, poorly wrote. So, will the presumptive, hypertension, be added to post 9/11 Veteran's, or just added to Vietnam Veteran's, or to both? Need to spend a bit more time with the ABC's, Carl Spoke too soon. Looks like I might have to do some research.. "The two senators said that 23 illnesses, including hypertension, would be presumed related to burn pit exposure when it comes to providing disability compensation."

https://www.military.com/daily-news/2022/06/22/va-employee-caught-camera-beating-kicking-veteran-patient-head.html#:~:text=Lawrence Gaillard Jr.%2C a patient,and charged with felony assault. Jesus Christ!, Carl

Not yet, in the mail. I will keep checking the portal. It showed the last time, so it should this time. Carl

Just got my LHI email today. Updated my password on their portal, last one expired. Should be good to go. As the world turns, Carl

I believe that I am going to have a "medical opinion" review here shortly. Stopped by the County Lands Records and also visited the VA office there. They showed me a letter being sent my way and also a request for a exam (opinion) regards my appeal. I would definetly send them anything they ask for. And I would highlight the portions that you feel are in your favor for a favorable, again, opinion. Leave out anything that may go against you. LOL. Let them do the dirty work. The examiner can only work with what he has. How many times (before LHI and VES) did we go to a VA Hospital C&P exam only to find out the VA Doctor or NP did NOT have the pertinant records related to our claim(s) Supposed too, and reality are polar opposites with the VA, Carl

The problem is that you don't know what you don't know. I made a claim with 6 maladies, but for this discussion we will talk about 2. I claimed barrett's and hernia. I went to the C&P for both with LHI and I thought that, along with the examiner, that it would be favorable. Both were denied, stating that they were not related to my SC conditions. VSO, says don't rock the boat when I suggest appeal, LOL. So, I appealed on my own. So, I request my c-file as I have questions regards the exams and the opinions. About a year from the "one year" deadline, I go with HLR, because I don't have any records yet. That gives me a chance to do the supplemental if it gets denied again, but hopefully I will have my records by then. During my HLR interview, I find there is no opinion from the exam and that both were denied outright as they were looked at by the rater as "direct" service connection and then denied, and not secondary as was stated on my claim form. So, now will they look at my records, or will they want to see me again? I have no clue. And like Mr. Cue says, I play along with them when they want something from me. It's worked so far for me, but then that can always change. But what I do know now is that if "I" wouldn't have appealed (HLR) and left it up to my VSO, it would have not had this chance. If you are comfortable with waiting for your benifits, then you can fight them about an additional C&P. If your comfortable regards your disabilities, then just go to the C&P. I think you will get your monies a whole lot faster. Carl My c-file is in the mail according to the VA, yay!

I got to 100% with LHI and VES exams. So, there is that. I also saw where they worked on my claims during weekends and yes, even a Holiday. So, "I" think you are putting the cart before the horse. Wait for the rating letter, then go from there, The wait is terrible, but it's part of their plan. Way too many Veteran's have given up way too soon. Carl

Status Closed, June 16th, 2022. Now we will see how long for the mail to get here from the VA, Carl

Next, "VA identified an error that must be corrected" So, there is that, Carl Moving right along.....

Latest, On MyVA, it says, "Your Higher Level Review was closed" This review is now closed. So, I will call my CVSO tomorrow and see if there is another letter in my file to explain this. Dosen't look good, Carl Too quick!

George v. McDonough https://lawandcrime.com/supreme-court/justice-gorsuch-dissents-as-justice-barretts-majority-opinion-rules-against-veteran-unlawfully-denied-disability-benefits/ Here is the link... Carl

Went down in flames.... Carl

We looks to be on a roll, just sayin, Carl 2020 251.361 251.935 251.375 249.515 249.521 251.054 252.636 253.597 254.004 254.076 253.826 254.081 2021 255.296 256.843 258.935 261.237 263.612 266.412 267.789 268.387 269.086 271.552 273.042 273.925 2022 276.296 278.943 283.176 284.575

Two of my conditions on my last set of claims which were denied, were done by LHI were re-done by VES. Both LHI and VES have online portals where you can see you appointments and who the doctor is. If they have not recieved what they need from the VA, you would be hard pressed to get them to tell what their plan is for you. And, I believe VES is just an administrative organization and they farm out the exams and labs to third parties, etc. I have come to believe, that the VA uses LHI first, and then VES if it is too complicated or a higher level of knowledge. As LHI was a NP, and VES was a DR for my cases. But, I could be all wrong, Carl My VES C&P exams were records only, not in person.

Well, in 20 days, half of 2022 will be gone. So, you can make an arguement with what is known so far. There is probably not enough time for everything rebound, so I think we will be in for a another good year for ssi, ssdi, VA comp, gov retirements, etc. But, in the mean time, 30 bucks to fill the lawn mower is getting old, Carl

Winner, winner, chicken dinner! Congradulations, and I agree, claim it, the sooner the better, Carl

I have to do a bit of research while I wait for the letter to come. The rating sheet now has a date for Barrett's as 2009, which would be my very first/original claims, and very strange, shows a date for Hernia as 2012. Keep in mind, my secondary claims for both are from 2019, so not sure what the hecks going on. What I do know, and I think, may have a bearing on this is, I was medevaced while in Iraq and sent to Kuwait City Hospital for about a week. Those records were not available when I made my original '09 claim, but because of a congressional inquiry, they showed up at my house in '11 or '12, and I sent them to the VA at that time. Maybe my denied gastroenteritis from '09 is what she is looking at? IDK, Carl More work!

Update, Stopped by the Court House to get a building permit, wandered over to the Veteran's Service Office. They printed a few things for me. Judging from the last time, I would have seen these in about a month. Where it stands today, Carl As I was posting these two images, I just realized she went back to the original denial for gastroenteritis from my original claim from 2009. Well, that's big...

The way I just did it was, HLR, then if that fails, Supplemental. HLR, you get your original EED. Supplemental, you get the new date of the new evidence. Then Board, Then US District Court, Etc., Carl

https://www.google.com/search?q=1954+Veterans+Compensation+rates&rlz=1C1CHBF_enUS919US919&oq=1954+Veterans+Compensation+rates&aqs=chrome..69i57j33i299l2.12075j0j15&sourceid=chrome&ie=UTF-8 the one you want to open is vvvvvvvvv 8/5/75 HR7767 Veterans Disability Compensation and ... You have to open the Bill to read the rates, etc. 9 bucks a month for 10% back in the day.. Carl