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Found 64 results

  1. DAV told me there is no expediting claims anymore even for Vietnam Vets. Only terminally ill vets, homeless, or going to be homeless are expedited, so it took DAV 5 months to get my claim into the system because they trashed it the first time because they are a corrupt organization. Mr. Edwards in St. Louis for DAV got Mr Stephen Kelly his 12 years of retro pay in one week without even filing a claim, the way I read it. Dan Knabe For DAV got Mike Franko’s claim “Expedited” after he had been denied once already, also got him service Connected, got his retro pay, and got him a job with DAV as well. There was no mention of homelessness, or illness besides ptsd and knee injury. Mr Kelly was just before me and Mr Franks was just after me and none of us fit the requirements except Mr Kelly and myself were Vietnam vets, and Mr. Kelly and Franko were Gulf War Vets, as best as I remember. I was permanently damaged by something affecting my entire internal body and skin(AO), and records hidden all my life. Edwards and Knabe got their clients records, scoured through them, and completed and closed the claim in one week. The VA is still withholding my records, I have used a VSO (now VFW) for the last four years, and still waiting. VFW told me it would be at least 3 or 4 years before the BVA gets to mine. Minimum 3 to 4 years, and I probably won’t even exist by then. This sounds like picking and choosing who is expedited, which is nepotism or being prejudiced against my claim. I filed in 1983 because the Army lied about my records in 1972 or I would have filed then. Total manipulation to keep me from Justice per Exemption 5 of FOIA. Any recourse? Is a malpractice suit the only recourse, unless they make it right with this last attempt? Thank you! victor ray
  2. Anita

    Rated AND Deferred

    I have just received my rating for 2 items at 20%..........Now looking at my rate, I noticed that I have 3 in deferment.....My award is the rate for 20%......What does this mean? there is no pending c&p noted on the deferred items. All it did was push my date for those items May 28- Jun 29th 2018 but I will be getting back pay from may 31 2017 for the 2 items they rated me on. But on the other hand I'm looking at this.......effective date of change.....With my other items, plus unemployable which I noted is not even listed under disabilities, but is listed under my claims.. I left out certain items intentionally since they are not what concerns me. What does all this means? Any helpful explanations would be grateful. Include? Information Value Include the information in this row You have one or more service-connected disabilities: Yes Include the information in this row Your combined service-connected evaluation is: 20% Include the information in this row and the one below it Your current monthly award amount is: The effective date of the last change to your current award was: $269.3 December 01, 2017 Include the information in this row You are considered to be totally and permanently disabled due solely to your service-connected disabilities: No Disability Rating Decision Related To Effective Date hallux valgus with hallux rigidus, left foot (claimed as left foot condition) 10% Service Connected 05/31/2017 scar, left great toe 10% Service Connected 05/31/2017 posttraumatic stress disorder (also claimed as alcohol abuse, anxiety, depression and mental disorder) Deferred pes planus, left foot (claimed as left foot condition) 0% Service Connected 09/23/2017 seizure condition Deferred spinal meningitis Deferred Pending Disabilities Disability Submitted Type Actions Seizure Disorder (related To: Ptsd - Personal Trauma) 08/16/2017 REP Spinal Meningitis (related To: Non-ptsd Personal Trauma) 08/16/2017 REP Mental Disorder (related To: Ptsd - Personal Trauma) 08/16/2017 NEW Anxiety Condition (related To: Ptsd - Personal Trauma) 08/16/2017 NEW Alcohol Abuse (related To: Ptsd - Personal Trauma) 08/16/2017 NEW Depression 08/16/2017 NEW Foot Condition Left 08/16/2017 NEW Ptsd Personal Trauma 08/16/2017 NEW Unemployability 08/16/2017 NEW
  3. i've been to the va doctors on several occasions with severe back pains. I've noticed that they never assigns bed rest but will give me a note for time off from work. Can I use the Dr's note for time off under their claim to help me when I file for an increase? Or do I just ask for bed rest.
  4. Is there a way I can service connect my diabetes and my sleep apnea. I have been suffering from sometimes severe back pain from a service related injury. How can I connect the two if was never mentioned in my service records. I injured my back while on a rotation at NTC. After injuring my back i was on a profile for the last 16months, before they Chaptered me for weight control (218lbs). Before my injury I never had a problem with my weight. when I finally got my c-file i learned that i was up for the MEB, but they chaptered me before that. Again, how can I sc diabetes and sleep apnea?
  5. I HAVE A QUESTION! What is the required form to file a claim under 38 CFR 3.361 "Benefits under 38 U.S.C. 1151(a) for additional disability or death due to hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy program." required by 3.154?
  6. I'm in search of a doctor for sleep study that can write me a IMO and an attorney that represents Veterans in or around the New Orleans area. Any help is greatly appreciated. Thanks
  7. I have a C&P on March 14, and wanted to know can i bring additional information to submit to the examiner to help with my claim? And If so do they suppose to take that into consideration?
  8. I visited my local DAV ( which was a f*%&#ng joke ) for assistance with filing a claim. He was so distracted with other things like talking on the phone and playing on the computer. Anyways, when he filed my claim he did not submit all of the dr"s notes that I had and he filed a FDC. My question is how can i submit the other information without making it a regular claim or can I wait and just bring it to the c&p exam. Thanks in advance.
  9. I recently completed my C&P exam on 3/14/17. Can anyone give me some insight on this. Some information I relayed to the Dr. apparently went in one ear and out the other. Any information is helpful. ThanksDBQ ( back ).pdf
  10. I filed a claim for hypertention in april 2015. My claim was denied in Oct.16 stating that it was not sc and no evidence in my medical records. I went through my smr and found over 7 times that my pressure was taking and it read higher than 120 and numerours times in the 140. What should I do now? Any advice is appreciated. Thanks
  11. I am 70% with ptsd and lumbar strain. I have sinced been diagnosed with DMII, Hypertention and sleep apnea with a cpap machine. How or can I SC any of my diagnoses. Any advice is greatly appreciated.
  12. I noticed that the VA didn't award me anything for my anxiety. I was diagnosed with PTSD, depression, anxiety and MDD all at the same time. I looked through my records and see where it's all listed. It has been less than a year since I received my award. Can anyone tell me how to go about getting my anxiety added into my disabilities. Do I file an appeal or..........
  13. I was hoping that someone can tell me how and where I can read the notes from my C&P or any of my notes from my Dr.'s appointments. Thanks in advance.
  14. I am currently s/c for IBS, Anemia and an Eating Disorder. All of these have attributed to my issues I have to this day regarding my hemorrhoids and anal fissure. I have filed for secondary s/c for anal fissures. Since one of the known causes for this is chornic diarrhea, which is noted in my prior C&P exam for IBS s/c, I feel this warrants a secondary s/c. I have progress notes from two doctors indicating I have the anal fissure. I had surgery (twice) to remove my hemorrhoids and repair the anal fissure in one surgery. The anal fissure is still an issue and will be for the rest of my life. My current doctor states that Chronic Diarrhea is one of the causes. I am due to see my doctor this week for post op discussions from my surgery in July. Prior to filing, I read up on anal fissures and the causes for it, and one of the causes is the Chronic Diarrhea, and I also read that symptoms for anal fissure are commonly mistaken for hemorrhoids. I have suffered with hemorrhoids for years never realizing that they were associated or potential associated to my issues with IBS. Anemia, although rare from blood loss due to hemorrhoids, I have Anemia from my Gastro issues due to my Eating Disorder (also S/C for). I filed an FDC claim on July 20th, 2016 for anal fissure to be secondary s/c to my curent s/c IBS. I am sure it will turn into a traditional claim since my NOD is still in the "decision" stage but I was moderately surprised to see that I have a C&P exam ordered so quickly. On Ebennies I happened to be looking at my upcoming doctor's appointments and happened to check the calendar for C&P exams and boom there it was! That is super fast! I do not have any secondary s/c contentions so I have a few questions. When you file for a contention to be secondary to the already s/c contention do you need to bring up the prior evidence that s/c you in the first place? Meaning, I am s/c for IBS, do I need to bring that up? I did state in my FDC claim (VA21-4138) why I felt it should be secondary to IBS. CODE 7336: Hemorrhoids large are swollen veins inside or outside the body near the anus. They are created from a lot of pressure being used to pass feces and can be very painful. If the hemorrhoids cause constant bleeding that leads to significant blood loss and anemia, a decrease in the number of red blood cells, or f they cause fissures, it is rated 20%. If there are blood clots inside the swollen veins, the swelling can’t go down, and there is a lot of redundant tissue, it is rated 10%. If they are only moderate with occasional bleeding, it is rated 0%. If I stated that it should be secondary to IBS but maybe it should be secondary to Anemia or my Eating Disorder, do I need to add those comments to ensure that the secondary contention doesn't get denied? Obviously the secondary contention was not in-service related but is aggravated by the current s/c contention. Also, anyone who has had a C&P exam for this type of claim, can you tell me your experience with this exam? It's a bit embarrassing already but understand I have to go through it. Anyone with knowledge on secondary contentions? UPDATE: I filed for secondary to my IBS but I have since found documentation in my SMR's that I had medical notes indicating I had hemorrhoids in-service as well. I also had colonoscopies in-service that discovered hemorrhoids internal/external. I did not provide that evidence to the VA b/c I am going under the assumption it should be secondary to IBS. Now I am wondering if I should submit that SMR's evidence showing I also had hemorrhoids? All my SMR's for many years show chronic diarrhea and issues relating to all of this. I know I don't need to supply those SMR's b/c I am already s/c for Chronic diarrhea/IBS. I filed an FDC claim, but since I am under a DRO decision, I was told that it wouldn't be an FDC claim anyways, but rather a traditional claim so what do I have to lose right? I think I would rather submit the concrete evidence sooner than later.
  15. New here, My claim status just got updated to: Preperation for decision. I am looking for recent time tables for the claim steps. So far my claims has been much faster than what I have seen years past. Although maybe I was able to avoid pit-falls. But as things get closer to the end my anxiety is also ramping up. How much longer should it take if my claim does not get kicked back that is. Please help me get a grip on this obsesive checking of of e-benefits semper fi, desert
  16. Well good afternoon my fellow Vet's!!! I am really deflated right now....It's going on 3 months since I had my DRO review hearing with no end in sight. I was told that it could be weeks to months to up to a year for the decision. What erk's me is the fact that I had my hearing why can't the DRO take the time to review and come to a ruling? It's so frustrating! I am going on 3 years since my initial claim and almost 2 years since I filed my NOD. I understand there are others in the same boat or worse boat and I do sympathize with all my fellow Vet's! Now on top of this, most of you know my story.....I broke my right foot in two places on Christmas Eve. I had surgery on January 6th, 2016 and I filed an FDC January 12th, 2016. I filed that my left ankle was the cause of my right foot injury. I was granted 100% temporary convalescence for 4 months due to my left ankle giving out on me and causing my right foot injury. Now if you all remember, I have my NOD since 2014 trying to get my right foot/ankle and left toe S/C which was denied in 2014. My medical records back up my s/c as well as my doctor's letters (IMO) that state my injuries are directly related to my active duty. But here I sit awaiting the NOD decision. Well yesterday I took a bad tumble and fell down the stairs causing sever bruising and swelling to my left ankle and left leg. I am sitting here at the West Palm VA as we speak awaiting to see my Podiatrist for the results of the X-rays BUT while I had my visit with him today, he had another doctor come in and look at my X-rays for my right foot and both of the doctor's state I need revision surgery to my right foot because the bone graft is not "uniting" the bone together. The Podiatrist I had do my surgery in January put pins/screws/plate in the one fracture but only bone graft in the other. Since then the bone is separating and the doctor feels the surgery is necessary and will require me to be out about 2-3 months once again! It's my right foot so I can't drive and it's frustrating! On top of this, my left foot/2nd metatarsal toe has two screws in it that are "coming up to the skin" and they feel that at the same time they do the right foot surgery they need to look into that! I literally just got back on my feet and was feeling okay! My feet/ankles SUCK! I feel so depressed! I just want to cry! I will update you with my X-ray findings but I needed to VENT!!!
  17. I came across this blog and it really helped me understand my NOD process.... http://www.blogs.va.gov/VAntage/25738/the-appeals-process-appeals-at-the-regional-office-level/
  18. Good day all, in dec 15, I used a county VSO to help me submit paperwork, medical files and evidence, etc, and I was assigned the American Legion as my POA/representative. Since then, my VSO quit, so any question I have gets answered by a random other VSO at the office. It isn't exactly the best feeling, but my claim is prep for decision and I think I've completed all of my C&Ps and I definitely submitted any and all supporting medical documents and evidence to support my claim. I know eBenefits isn't accurate, but I've routinely noticed updates, such as my status moving backwards to gathering of evidence. I would call the 800 number that day and sure enough I would have another C&P scheduled for later that month. Anyways, my concern isn't so much with the accuracy of eBenefits. My my questions and concerns are: what should my expectations be of my VSO, or I guess that office. Will they be able to provide me updates before anyone at the VA? how often should I check in with them? I'm concerned because I've seen other folks post about how amazing their VSO is. I do understand it varies widely though. Also, what is the purpose of the American Legion? Should they be in contact with me? Do I expect to hear from them? The VSOs haven't answered my questions about the American Legion. I get the feeling it is a check in the box or just a formality. I just don't know what their purpose really is. I know it's a little late to be asking, but other than checking eBenefits often, I try to let it run its course. Any insight would be appreciated. Thanks.
  19. For anyone interested in getting an overview of the VA claims and appeals process, check out the link below: http://dav66.org/VeteransUniversity/
  20. BoneyWV

    Is eBenefits up to date

    First time post, long time viewer. Quick question. Is eBenefits typically up to date? For example, my TBI claim is in the prep for decision phase, and has been for some time. Will I see an update on eBenefits before I get something in the mail, or are the chances high that I will randomly receive an envelope in the mail with the VA's decision before the site even updates? Seems like i check at least five times a day for an update. Or, is this another "case by case" or "depends on the region" etc. Thanks. Btw, love this blog/forum. Waiting has made me nearly insane, but I have a little hope after reading some of the success stories and other vets' stories. Though, trying not to get my hopes up.
  21. I very much appreciate the Hadit Forums. It is an excellent resource of all Veteran's. What I want to talk about is my experience with the Veteran's Administration. I served in the military from 1985 until 1988. Immediately after beginning basic training, I began having major back pain. However, I soldiered through it. Once I was in Berlin, it was discovered that I have Scheuermann's Kyphosis in my lumbar spine, spondylosis, and scoliosis. I was sent to Frankfurt where they took lots of x-rays and built a back brace for me. For three long years I was in and out of aide stations and hospitals. Somewhere around four or five army physicians recommended over and over that my MOS be reclassified or that I be medically discharged. I was kept in my same MOS 11H (Heavy Anti-Armor Weapons Infantryman) for my entire active duty service When I got close to ETSing, I was instructed to file a claim for my back issues with the VA. So like a naive good soldier I did. In May 1988, I had a medical exam and they took 23 x-tays. The conclusion (what for it). The VA see's no medical issues with your claimed back disability. CLAIM DENIED. Thus began my lovely journey with the VA and my local VARO. Over to past 28 years I've had a tremendous education about the VA, the VARO, and Title 38. Why is it that we once had a sense of tremendous pride (which I still do) in serving our country and yet we all kind of lay down and take it when it comes to the VA? I know we all fight the good fight. My point is that we all need to fight the good fight on our terms, not the VA's. I believe we all believe that we have a sense of accomplishment when we file a claim that gets denied then we file an appeal, etc. etc... However, the same process the VA uses to fight against us is the same process we use to fight back. I don't know about you, but that's not what I was taught or learned in basic training or during the rest of my service. In fighting an enemy, if they shoot at us we shoot back at them and both sides end up with many casualties. Sometimes them more than us. In the context of the VA, however, it's not as simple as just shooting back with appeals, quoting Title 38 or submitting citations with examples where the VA has approved others for the same claim that we are denied for. I learned in basic training, that we must work as a team, we must support each other and Hadit helps us do that. What I believe MUST happen now, is that we must change our strategy. We must stop focusing on how long the claims or appeal process is and somehow get Congress to begin forcing the VA to do the right thing by us Veteran's. The how is the biggest battle as those of us who have communicated with our Congress person(s) are familiar with the "Thank you for your service" standard line and how much they "CARE" about Veteran's issues. We are all wise enough to know that they are just blowing smoke up our *sses. Look at the bigger picture here. Primaries, media, statements from Congressional members about the outrage of how the VA is treating its Veteran's. What has really changed? Long story short (that's what we say after ALREADY telling a long story ) Anyway, what I want to say is that while the Hadit Forums are incredibly helpful, the MUCH bigger issue is that nothing in the VA is going change, until every Veteran actually declares war on the VA. I'm not talking about a physical war I'm talking about a legal war and a congressional war. Reading a feel good story about how the VA is changing this or that isn't helping us. Reading the Monday reports is just more smoke and mirrors. Remember everything we were taught in basic, remember all of the comradely we felt with our fellow soldiers, and if you fought in a real war, remember how much you relied on your team to have your back. And, let's figure out this thing (VA) as a team and come up with REAL solutions for every single Veteran. Lets make "Leave No One Behind, Not on a Desert Trail, Not on a Jungle Trail, Not on a Paper Trail.™" a reality... Thanks for listening and for having my back because I have yours too!
  22. I've noticed whenever I file a NOD and it ends up as an appeal on eBenefits, the contentions I disagree with from the VARO's decision letter end up being listed as new claims. So for example, I filed a NOD for my denial of Chronic Pain Syndrome, Fatigue, Sleep Disturbances, and Spondylolisthesis. And, now all of the disabilities are listed as New under my Pending Disabilities list. Can anyone tell me what's going on here? In adding, why in the hell is the VA continuing to treat some of my disabilities as PTSD? I clearly marked "NO" in eBenefits when the Claims process asked if you want to file a claim for PTSD! Thanks...
  23. Folks: Anyone have recent experience with how long the Pending Approval Decision Phase is now taking? I know that are a lot of variables by location, # contentions, and complexities but it's clear that the "big push" to clear the claims backlog is on. Also, today I saw something said that claims prcessing accuracy is almost at an all time high?
  24. I have a 100% disability rating, non-permanent. I was diagnosed with pre-glaucoma, and also was referred to a sleep apnea doctor while on active duty, and are noted in my medical records. These two issues where not on my initial claim when I retired. I have since been diagnosed and with both (Glaucoma and sleep apnea). I am hesitant to submit a claim for either, fearing it my somehow reduce my rating (VA horror stories). What would your guidance be?
  25. Well yesterday marked one month since my DRO review hearing. I was told that it could be months. So I am prepared to sit this out. I do have a question though, is it true that they have to wait at least 60 days to ensure I do not submit any other evidence? If that is the case, can I let them know by submitting a VA21-4138 stating I have nothing further to submit? My DRO hearing went well and I provided everything at the hearing that I need to provide.
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