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Found 19 results

  1. EAJA: Chances are good you can hire an attorney at no cost to you. To do this, generally, you need a BVA denial (or lowball!). Partial denials are ok, such as if you are denied for PTSD, but awarded SC for hearing loss, and arthritis. Caution: YOU DO NOT HAVE ONE year to appeal board decisions. You need to start appealing immediately, so that you can file your appeal to the CAVC within 120 days. (It takes time to hire an attorney, so dont wait 119 days. ) More details on EAJA here: https://cck-law.com/blog/what-is-eaja/ Virtually all law firms who represent Veterans will discuss your denial with you and help you decide whether or not to appeal, at no charge for an initial consultation. After discussing your case with your (potential attorney), you can decide if you want to be represented or not. Source: I have done this personally. https://cck-law.com/blog/what-is-eaja/ If you need a law firm, consider choosing one from this list: https://www.vetadvocates.org/cpages/sustaining-members-directory No, your attorney does not have to be in your state, it can be handled over the phone, email, mail, etc. No, I dont get a kickback from attorneys for saying this.
  2. My VAMC providers never disclosed to me adverse events in my care, or referred me to the benefits claim process. A VA employee told me I was not eligible for VA disability benefits in connection with VAMC delayed cancer dx. My VAMC then referred me - all at my expense (including ~ 8,000 miles transportation), to a civilian medical center for ~ 40 corrective surgery & radiation therapy treatments. Pain & scarring, depression, homelessness, bankruptcy soon followed. Eventually (2 years later) I came to know I was eligible for 1151 benefits, applied, and, after 2 more years, “won.” Currently rated 80% for pain & scarring, SC-MDD, but receive 100% due to TDIU. Subsequently I came to hear about equitable relief (38 U.SC. § 503(a)(b)(c), submitted my petition, got turned down on the basis of “such & such.” However, my VAMC medical records & c-file made clear that “such & such” was not remotely applicable to my case. I wrote VA a rebuttal > VA came up with new denial rationales.> I wrote VA a rebuttal > VA came up with new denial rationales … This pattern has continued for 10 (!) years. Calls to the White House Veterans Hot Line got me more of the same. Last year, a law school veterans legal clinic exhaustively went through my file, took on my case, prepared a petition for equitable relief for me, and sent it to VA Central Office. In response, I got a letter from way down the VA totem pole (my VARO) telling me they had turned down my petition, on the basis: “As multiple arms of the VA have already told you, you are not eligible for equitable relief. Q: How do I get a meeting with an upper-echelon VA official to go over the record/my actual file, from a-z, not merely glance at a distorted “top sheet” view. Thank you.
  3. Best military/Veteran discounts https://www.hustlermoneyblog.com/category/military-discounts/ I picked "some" of the discounts, here: Apple, Lowes, Home Depot, HP, TMobile, Chrysler, Ford, GM, Honda, American Airlines, Marriot, hundreds more. Resteraunts, phones, cars, airlines, and more. If you are not "asking" about these, when you visit these places, dont complain to me you are broke! Recently, I upgraded my computer to IMAC, and Apple gave me 250 dollars off. This was from Apple, but it was at my base exchange so I also did not have to pay sales tax. I recommend "asking" for your military/Veteran discount. It puts pressure on them to offer it, even if they dont currently! CAUTION: Beware of scams! As an example AT and T offers a "discount" for military, but its a "fake discount" because you can get PREPAID ATT at a much lower price WITHOUT the military discount. You cant get the military discount on prepaid AT and T, only the much more expensive post paid. Many other companies do that, Home Depot gives 10 percent but only if the item is not on sale or already discounted. That is why I shop at Lowes, they give 10 percent on everything, including appliances on sale.
  4. More news on the mind control front. If you recall Dr. Christine Pierce from the Kansas city VA ask for volunteers for a brain implant and I accepted. This thing can read your thoughts and make dreams reality when you go to sleep. They can also get you killed if you talk about it on Facebook I haven’t tested that part yet but I plan to soon. They got me hooked back on math using it by using carrier waves sent to the brain.
  5. There are 4 class actions suits you should know about: (and my short summary) 1. Wolfe vs Wilkie If your bills for emergency treatment have been denied by VA, check out Wolfe, it may have been done illegally. 2. Godsey vs Wilkie If your BVA appeal has been delayed more than 18 months, then consider contacting NVLSP about it. 3. Sabo vs USA Thousands of Iraq and Afghanastan Vets were "supposed" to be discharged with a 50 percent PTSD rating, and VA denied those illegally. 4. Nehmer and Blue water Navy Vets: There are conditions which are presumptive for Agent Orange, and you may deserve benefits (retro), as the VA may have improperly denied you or given you a unfavorable effective date where you deserve more. If any of these apply to you, contact NVLSP: https://www.nvlsp.org/what-we-do/class-actions/ NVLSP should represent you at no charge if you meet their criteria, especially on the above, but their representation is NOT limited to these class action suits.
  6. Often, you can get free legal advice, here. NVLSP is a nationwide program (non profit) that helps Veterans with legal needs. Things like Nehmer Vets, (normally Vietnam Veterans), discharge upgrades, and Veterans appeals to the CAVC are some of the things they often do. You need a DD214, they screen out "fake" wannabe Veterans. https://www.nvlsp.org/what-we-do/lawyers-serving-warriors Importantly, also, IF YOU HAVE A RECENT BVA DENIAL (120 days) you can usually take your pick of a NOVA attorney to represent you at the CAVC and EAJA pays the fees. Be sure and discuss this with your potential attorney, their fee plans vary. Since EAJA pays the fees, its no cost to you. Many attorneys, if they think your BVA denial is wrong, will accept payment EXCLUSIVELY from EAJA, you pay nothing. Pick from one of these attorneys most of which specialize in helping Veterans: https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default Source: Personal experience. I have hired a lawyer several times and paid little or no fees.
  7. In 2012, I was denied for left knee laxity as a secondary condition to left knee arthritis. I recently came across medical documentation in my file regarding two complaints/incidents of a loose knee while on active duty. I know to get a previous denial opened you would need a supplemental claim form; however can I file left knee laxity on a direct service basis with intent to file? Or do I have to go back through the denied secondary connection route with a supplemental claim? All answers are welcomed.
  8. Good Evening, I have a question in regards to who qualifies as a Gulf War Veteran being able to claim certain issues under the presumptive criteria. I read that in order to have Gulf War Syndrome or to be diagnosed with "un-diagnosed illnesses" related to the Gulf War that you would of had to been part of Desert Shield, Desert Storm etc., and those that served in the Gulf during 1991. How about those that were in the Gulf in 1995. I have a friend that was on the USS Belleau Wood in 1995. They were part of Operation United Shield helping safeguard those exiting Somalia. He was given pills to take during his month there that caused very bad stomach issues that have continued his whole life. His doctors and GI docs have been unable to determine the cause of his issues. His Records state that he is a Gulf War Veteran and that he was in the GW Theater. What are his chances of getting service connected under the Gulf War Presumptions or would you of had to specifically serve during one of those specific periods they are linking everything to such as Desert Shield, Storm, the year 1991 ets..
  9. Just filed a new Claim at Va Compensation/ Pension. Service connected Vietnam era vet.
  10. In 2012, I was denied service connected for Necrotizing Myopathy. At the on-site of my disease my private doctors believed my muscle weakness was due to my statin meds. This is the reason the VA turndown my claim. I also submitted the claim under desert storm undiagnosed illness since sat time my condition was being examine to to find the try cause of the illness. After further testing, my diagnosis were Limb Girdle MD (adult onset). The reason I believe the initial, claim may be a CUE because the condition was chronic and therefore as should had fallen under presumptions. Am I correct? Or, should I just resubmit a new claim for Limb Girdle? Yes, I do have a nexus. Much appreciated!
  11. I see a Neurologist, in the Pain Clinic. I asked to see a Neurosurgeon, because the muscle pain under my shoulder blade. The Neurologist, said that if he referred the Neurosurgeons would laugh at him. Basically, there is scar tissue, and sevre muscle knots, and trigger points, which I get injections for. I take pain meds, but the muscle pain is not getting better. My spine pain is managed with pain meds. I want to get a specialist to gut this muscle, nerve block, or something. I can't keep on like this? The Patient Advocate is no help.
  12. Thank You for this site and anyone that can help me. Also Thank You all for your service !!!! 1. I need to see into how I can get the (Star Marked and commented in Red on the picture Attached below) Staph (MRSA) added to my claim as service connected. It started in Iraq and I had many removed. The Doctor thought it was gone when I took mid-tour leave I had another infection this time in my arm (Every time I got a new one it was in a new location on my body...joy). I couldn't get on the plane to return to Iraq because my arm was swollen after the flight from near my home to Atlanta. We still were wearing DCU's so swollen and cant move my sleeve over my arm really is swollen. 2. I was told I was being rated for PTSD and it shows me having Major Depression with Anxiety Disorder (See Picture Below). I am at 50% for that. 3. I have had these ratings and no one has tried to get me to get new MRI's etc the whole time. Does this mean they don't plan on ever reducing them or will I just be randomly supposed when I am pulled off of this? 4. I am somehow not rated as permanently and totally disabled by the VA. The doctors said other wise but when I look at the documents section on eBenefits it says I am not. Personally after the Sleep Apnea was a complete failure and I went from waking up around 30 time an hour to 135 times an hour pre and post sleep apnea study evidence. This makes it so hard to keep a normal sleep schedule because the stupid machine wakes me up more then choking to death...I feel like a zombie and have only held a part time job (10-15 hours a week) for just over 2 months of the whole time since I have been out of service Jan 30 2009. The sleep apnea isn't the only issue either. I am in constant pain from my lower back and I cant stand for too long because of my back and ankles. Also most people are put off by the way I act because I am a bit jumpy and I have variable mood issues thanks to my sleep issues and my issues from things that happened to me. I know that I am not the worst off of injured veterans, but there has to be a line where you get to it and your taken care of and not expected to work etc anymore. It is depressing and I totally understand why old people that don't have enough money to vacation a lot just sit around and die...I'm only 34... Oh and off topic.... My wife and child haven't been added to my VA Rewards and I have had a claim and its been over a year and they haven't touched it yet.... I have another son on the way soon as well.
  13. This has probably been posted before, but I was thinking about starting a thread on businesses that are pro-military and veteran friendly. I have run into a couple of them so far, and will try to post when I find others. Ok, here we go: 10% - Lowe's (hardware, lumber, plants, outdoors, appliances, etc.) Awesome service, and very friendly. They provide a 10% military or veteran discount when presented a VA ID card. The location I was at had one of their attendants run out and load my truck for me, and then he thanked me for my service. (I've tried Lowe's about 3 times so far, and they always grant the 10% discount with pleasure.) A+ 10% - Raising Cane's restaurant chain. Quick service, and gave a 10% veteran discount immediately when presented with my VA ID Card at the drive-thru window. A+ Ok, hope this helps, and looking forward to hearing from anybody else who has had good experiences with military or veteran friendly establishments. Have a great week! Mark
  14. Hey everybody, my name is James. I am an Afghanistan Combat Veteran who served February-September of 2011 in Kandahar Province, Southern Afghanistan. Mainly in the districts of Panj'waii, Arghandab, and Maiwand, with the U.S. Army, 52nd Ordnance, 20th Support Command. I would love to meet some other OEF vets and of course any fellow Warrior of any conflict, or any Veteran at all for that matter :)
  15. Veteran plus one in for FREE and up to 6 tickets at a discounted price. Last year it was $19. https://www.knotts.com/article/media-center/Military-Tribute-Days This is last year's advertisement, but around October they should put out the one for this year Knott's does this every year usually for the whole month of November. My father has been taking my family since 1994. Now my kids haven't missed a year. It's a great way for those on a budget to take the kids on a great outing. If I'm not mistaken, they also allow snacks to be brought into the park. A word of caution though, try to go during the week as there will be less people. I went with my family on a sunday and had to leave early. I pretty much had a mental breakdown in one of the lines. Caused a big ruckus and embarrassed the hell out of my wife and kids. I'm just saying for those of you with PTSD, be careful.
  16. Hello everyone, I wanted to get some information about how to rebuttal the veteran administration’s decision to rate me as incompetent. The VA rated me for incompetence back in October because of my severe memory loss due to a traumatic brain injury. I feel that I can manage money quite well, in fact much better than most without a tbi. I am young with a large amount of money invested for my age, I own 2 vehicles that are paid off with no debt whatsoever. I manage my money and pay my bills by direct deposit so I don’t have to worry about forgetting any payments and I supervise my accounts with a website called mint.com. I have no kids, no wife, no ex-wife and no drug or alcohol addiction. One day I received a letter in the mail saying that I have been rated incompetent. It also included the brady act information and the works. I imminently called my federal recovery coordinator for help but she had none. She told me just to wait until my year of supervised direct pay is over and if found competent I will be magically off the brady act and able to go hunting again (you all know that’s not true. I also called the VFW and their advice was to wait as well. I’m afraid if I go turkey hunting this year ill bag a federal offense! Hunting and shooting is the most enjoyable part of life for me and I've done nothing wrong to be demonized as a person that shouldn’t own a firearm. This is extremely wrong that our government can hurl power like this. -I need help geting off of this list so I can go hunting again please help!!!
  17. I am currently 100% TDIU with smc (K) for Deformity of the Penis which is rated at 0% I have Lumbosacral or cervical strain 10% PTSD 70% Vertebral fracture or dislocation 20% Hiatal Hernia 10% My symptoms have not improved and have only gotten worse especially my PTSD w Depression, anxiety, panic attacks, Insomnia etc. Also I have stomach problems and I was told by a doctor in California it could be CVS (cyclic vomiting syndrome) I vomit almost everything I eat , I suffer from stomach pains, and Also I need the aid and assistance of my mother daily to take care of hygiene , To eat properly, To use the bathroom, and because my PTSD is bad enough to where I cannot focus on what I am doing such as crossing the road, I don't pay attention and have escaped being hit several times , She is also taking care of my finances I cannot deal with any amount of money. I am mostly sad or angry , cry almost daily , I lose track of my mind , when I have bouts of vomiting it empties my stomach then I dry heave until the Nausea goes away... My back is also hurting really bad. I have more to say but cannot go into too much detail as that would take me hours to do , I have medical evidence and service treatment records with these illnesses . Thank You for reading this.
  18. The CAVC case, Jones vs Shinseki, is instructive. http://www.veteranslawlibrary.com/files/CAVC_cases/2012/Jones_11-2704.pdf This Veteran complained that the Board did not rate him strictly by the criteria. The CAVC stated it plainly: As this Court has made clear, "[t]he Board's consideration of factors which arewhollyoutside the rating criteria provided by the regulations is error as a matter of law." This comes very close to saying that, when the VA rates the Veteran OTHER than by the specified criteria, it is CUE. In this case, the Veteran won a remand, because the VA considered the effects of the meds he was on, when the rating criteria did not specify whether the Veteran should be rated on symptoms with OR without medication. If you have been recently denied, then you might look over the rating criteria, and then re read your decision to see if the VA used non criteria. I know for a fact the VA does just that. They denied my hearing loss ten years ago because it had been a long time since I was in service. The length of time since service is not one of the criteria for rating hearing impairments.
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