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Found 19 results

  1. So, as some know I have been having a little war with the VA and my VSO, the American Legion, about getting my DBQ's. So today I went to the VSO's office in the VARO building during their "walk in" hours since I could not get them to give me an appointment. On the door was as sign saying the office was closed for the week for training and left the 800 number for Washington DC office. I knock on the door anyway. Two ladies answer. Tell them what I want and that I need them to do it today. They invite me into the office. I hand them a typed sheet with the Dates and Dr's of my C&P's and a list of documents for each one that I need. The first lady says she doesn't know why I am there. The second lady says she will help me. The first lady says show me how we do this. Okay I tell them again what I want and the 2nd lady says why do you want to file a NOD, I tell her. She says you don't need these files to file an appeal.......The VA already has them. I tell her I need to know exactly what the DBQ says and what the letters to and from VA says. I also need the code sheets as they existed at each point for each approved and denied C&P. She tells me no i don't and if I insist on filing a NOD I should just file an HLR.. I told her no, that would not work for this and the HLR results are not typically veteran friendly. She then spends 20 minutes more telling me that I need to listen to her because veterans don't know what they want and don't know anything about the VA and how to win their claim. She then says "We work for the VA not for you, and the VA knows what it is doing". this of course makes me mad and I say to her " I am asking you to get me these files. nothing more. I have heard your opinion and all you need to do is get me copies of these files." She then starts in again trying to convince me not to file. I get more insistent and tell her that i heard her but I expect her to do exactly as I requested, nothing more. She then says "Well you don't need those files so let me file the NOD" I tell her NO. Resoundingly empathically NO> She then tells me I know how to file a NOD. She then remembers I am filing a CUE and says "you shouldn't file a CUE because you will never win and then the VA will be mad at you"...... Just f'ing wow. Then I tell her once again to do what I asked her to do and to stop trying to dissuade me from what I want. I tell her she is wasting her time and mine and that all I want is her to get those documents. She then yells to the other woman to get "Bill". Man comes in and says "those are VA files you don't get to have them". I tell him he is wrong and ask who he is. He refuses to answer. I look at woman 2 and say Please tell me your full name so I have a record. She wants to know why. I tell her point blank, that the next time I speak to AL in DC I am going to reference her and what she has said and not done. I then look at "Bill" and ask his name. He tells me 'you don't need to know that". I tell him I do because saying "Bill from AL means nothing to anyone". He snaps back 'I don't work for AL I work for VFW". I ask him why he is sticking his nose into an AL situation? He gets mad and leaves. She writes down her name, at least I think it is her name, date and time . Then says all she is going to do is fill out a FOIA. At this point I decide to let her do that and get a copy to submit with my complaint to the AL. She then asks me what I want. Types that I want my C-file and the files on the attached sheet, prints it, shoves it at me and says to Sign it. I tell her no it is not accurate and ask for a pen and write explicitly what I want. She literally tries to argue with me. I tell her to stop arguing and write the FOIA the way I tell her. She writes it wrong in her own phrasing and i made her redo it. Then I made her add Time is of the essence on the form. When she handed it to me. I initialed before and after the typing and drew a line threw the blank space. She gasped and asked why I did that. I said "its blank space and anyone could add words to that blank space. She then started to say, and got half way through saying 'I needed to put more stuff...." and then shut up as she realized she was admitting to falsifying a FOIA over my signature. I am not sure which is worse, having the people with my POA try and screw me over or having the VA which is supposed to be on my side try and Screw me over.
  2. How much can they see, how much can they tell me? I seem to get almost nothing but cryptic information from my VSO. Are they restricted from telling information to me while the claim is not yet complete? Or is it possible that she withholds the information having been burned by changes in the past?
  3. I submitted my claim 9/24, I had the C&P exams on 11/6, and I am still waiting. I talked to my VSO today and she said I was "Awaiting adjudication" and that it could be several more months and I may need more exams. I know the VA is a long process, but it has been 10 months already and I am not sure what "awaiting adjudication" means. The VSO seemed a little annoyed, I call about 1 time a month, it just is frustrating. I don't know why a claim should take 10 months, I know I have read about appeals taking years so I shouldn't complain. I just feel that 10 months is an unreasonable amount of time to be "months away"
  4. So I started my "Fully Developed Claim" 02/08/2019 had my VA Comp and Pen Exam 03/18/2019 . My original completion date was 08/05/2019. Then after my Exam 05/03/2019. This is my story I've injured both knees, both feet and back while serving In the Army in 2017. progressively my back gave out on me. Now I'm young 25 years, can't work and didn't know about my options until just recently. Lucky for me I was within my year of separation so I got a VSO to work with me and my claim. Still waiting if it's an approval or denial, however today Ebenefits updated status from "Pending of Decision" to "Pending Decision Approval. With a new estimated date 04/30/2019. What happens next. Will I know I'm approved before notification in the mail?
  5. My claim has been bounced around in a million directions (from what I read/hear is normal) but on 28 August, my claim moved to "pending decision approval" I had called the VA office about the status of it since eBenefits was not working. The guy was nice and told me that this is usually the quicker part of the claim that a decision was made but it was going to require 2 supervisor signatures and was usually a 1-2 day turn around UNLESS they find an error. For background purposes, my claim was started in February 2018, I had 23 different conditions claimed, by May 2018 I had completed 4 exams and it had been handed to the VA. My stuff went all the way to "preparation for decision" June 20th but then on July 19th it was kicked back to "initial review" and they wanted more exams. I never actually did the exams LHI essentially pulled the information out of my already completed exams and resent it to them. August my claim moved to "gathering evidence" and the VA said that LHI had still not provided them with my documents, I did call LHI multiple times where I was assured they had. I finally called the VA regional office directly where a person looked into everything and told me that LHI did submit them but the VA system did not "recognize" the files and a ticket with the IT department was submitted. On 7 August my claim moved to "preparation for decision" again. So fast forward today.... 30 August 2018. I suddenly show "documents past due" and decided to just call the office directly again because my gut was telling me it was not something due on my part. Apparently one of the supervisors put in a request for three more specialty exams, my soul was officially crushed. My question is, how normal is this and has anyone else similarly experienced this with the VA process? If so how far out were you "extended" when you had new exams? Also, I really really really need 3 of my medications and that is the thing that bothers me the most, one of them through my husbands insurance is still $200 a month.
  6. IF YOU CAN PLEASE LIKE THIS POST SO THAT I KNOW IM NOT ALONE...... ITS MY BELIEF THAT IF EACH AND EVERY VETERAN GETS A VA CASE WORKER JUST LIKE THE SOCIAL SECURITY ADMIN GIVES THENNN,,,, WE AS VETS WOULD ALWAYS KNOW WHATS GOING ON AND HAVE A PHONE NUMBER TO 1 PERSON AND BE ABLE TO SUBMIT NEW EVIDENCE TO 1 PERSON JUST LIKE THE CLAIMANTS OF SS. WE COULD STILL USE VSO'S TO FIND OUT WHAT BENEFITS WE ARE ALL ENTITLED TO AND ARGUE FOR BUT,,,,,,, WE WOULD NOW HAVE A SINGLE POINT OF CONTACT WITHIN THE VA SYSTEM WORKING ON OUR CLAIMS AND CASE WHO WORKS FOR VA AS THE CASE MANAGER FOR US THE INDIVIDUAL. PLEASE VOTE THIS AND LIKE IF YOU AGREE...
  7. I am wondering what the proper procedure is for revoking my vso's poa and representing my claim myself. I contacted my regional VA office in reference to the matter and they informed me that I needed to fill out a form 21-22 and fax it in to the office. I noticed that form 21-22 is the power of attorney form for adding a vso which I do not want to do. I looked at the form 21-22a (for adding an individual) but think it would be silly to fill out a form to give poa to myself. I really don't want the VSO that I am currently involved with to have access to my records. I understand from doing a few searches on this subject that it may be a difficult procedure, but I did not see anywhere that actually stated a procedure to accomplish this. Thanks for any help in the matter.
  8. To list the many many Tags would have been ludicrous. My case is relatively new. I joined here last year, this place has always been great to calm burned out nerves. I sometimes don't make sense to myself let alone anyone else. But when I got out, I went tearing away from anything and everything that even REMOTELY resembled authority. People being able to control my life terrified me to the point where it has literally affected every single part of my life. I came here seeking help and I got it. So, if my story can help anyone else, and my opinions on what you can do to help your own Battle, because that's what this REALLY is, then I will feel like I have done a small and meager effort to pay it forward. My C-File isn't stuffed to the gills with medical records because I didn't serve long enough to qualify for VA Medical. My Claims were handled fairly fast compared to the average. My Story is simple, I got kicked out of the US Army Infantry, after Basic, but I did not finish my A.I.T. We were OSUT. How and why is my business, and I have completely accepted that now. I wasn't even aware I had "issues" until about 9 years after I got out of there. And, a further 6 years before I swallowed my pride and went and finally asked for the help, that I had been convinced by every Veteran I knew, that I now have. I filed my initial claim for PTSD with Anger and Depression. 5 months later they denied me without a C&P, oh gosh gee wilikers was I disappointed. But, once again, fellow Veterans pointed me the way. I went to my Second VSO, and they filled for Depression, and I was scheduled for a VA C&P Exam. Why do I emphasize the VA part, well, I had learned from reading here at Hadit that C&P exams don't show up on your VA website thingy. Which, I thought to myself, that IS kind of important, you know, so no one can "lose" your record of that particular exam. I must admit that my best decisions I have made after getting my actual 50% Service Connected decision letter last year was to continuously educate myself. Not just about me, but the VA itself. IT IS IMPORTANT THAT YOU BRING YOUR COPYS OF YOUR PERTINENT INFORMATION WITH YOU. Sure that really friendly guy on the phone making your appointment is probably say it's not necessary to bring any documents, the Examiner will have ALL your evidence. Bullshit, don't ever leave your case DEPENDENT on ANYONE else' actions! Seriously, I took that advice from someone here, and it saved my ass. A actual Lt. Col. in the US Army Medical Hospital Diagnosed me with exactly what i was filing for. Match the Words, don't try to guess, don't try to infer. Take all your important verifying information with you. Don't leave out anything that you feel may hurt your case, if you think the VA is going to not use any excuse to take away what they give you, you are DEAD wrong. They will dig for it and hunt it down. Be honest, give them everything. But remember, you are literally not DEFENDING yourself to these Raters, you are pressing your case base on verified fact. They will work harder to rip your benefits away, than they are supposed to help you get them.Tell them something is wrong if you don't know exactly, and make them give you an examination, it is your right as a Veteran. I see too many Vets who are always asking others for help, guess what, it's up to US. DO YOUR HOMEWORK Seriously, you need to know more about your Disability's then the people who wrote the books and TREAT you for it. No one knows your Disability's like you. Because they are literally YOURS, not as a statistic or a Roster Number. Because remember, these are not minor discomforts or passing ailments. These damages are severe enough to make us DISABLED. You are LEGALLY entitled to the compensation for the damages done to you, maybe that's why the VA Denies us so consistently. No matter how many changes in Technology or public opinion, they have NEVER done it at a pace that allows most of us to barely maintain our composure and dignity. As far as the Law goes, if you have evidence, you're solid, it is not the RATER who is processing your claim wrong, it is YOU. Every "T" must be crossed, every "i" must be dotted. You have to make your case so solid,that it would literally be a breaking of the Law not to Service Connect you, or a fair Scheduler Rating, or TDIU. You have to SLAM THAT Claim DOWN ON THAT RO's desk, and CHALLENGE him to find flaw in every single interpretation of the Laws, Rules, Regulations....... Become your own greatest weapon, by realizing that you personally can't do that, you have to show it through your work, every page has to be meticulous, don't give them any reason to take the scalpel to your pages. I have a theory, based on how fast I was Denied the first Claim, how fast I was sent for a C&P for my second and winning Claim, and the fact that I was approved the DAY after my C&P exam. I personally feel, as if the moment a Rater can find a reason, and Literally the first reason, he denies and kicks out. Because I was denied without even a C&P exam. Then, when my second claim got sent up, they took one look at it, and knew they were caught out, so as soon as they got my results, they gave me 50% and expected me to be grateful for it. Never stop, always press on, continually advance, and when you can't advance, you bear down, shield up, and dig in. You are now in the Trenches of the VA, and we are literally all here because we are STILL Brothers and Sisters in Arms, against our own people. My OPINION of VSO's and LAWYERS A VSO, no matter where he works, is not gonna fight for you, oh they will file paperwork.....if you tell them what to file, you see, they just mostly don't have the balls for you, because they have balls for EVERYONE. A Lawyer, on the other hand, is motivated by Passion, and Profit. Think about it, if you were to Arm yourself with a Hypothetical Spear-like weapon, would you not want the one with the longest reach, sharpest point, and stopping power? A Lawyer, will fight, because he will look at your Claim, in whole, at ALL the FACTS, and take your case ONLY IF HE BELIEVES THE LAW IS ON YOUR SIDE AND HE CAN WIN IT! That alone, is a boost of confidence that will sustain your Hope, while unfortunately also being a two-edged sword. If he doesn't take your case, then do MORE HOMEWORK. If you can convince a VA registered Lawyer to take your case, you're fairly solid. ONCE AGAIN, MY OWN PERSONAL OPINION. Always Dig Deeper than the Surface Picture that the VA forces on you,If the Law is on your side, stand firm, and advance,Remember that you are right, and you need not defend against their No, but insist on your Yes. Good luck y'all
  9. When filing for SMC do you have to indicate which one on the 21-2680? I don’t know how to fill it out and I have to look it up to see what it looks like the 1800 emailed it to me but says it cant find but I can google search it. If I go to the RO tomorrow ask to get a VSO and help filling out this form will it take longer since they drag their feet or will I have to fight everyday for whats rightfully mine..
  10. Hi everyone! Hope all is well. I just wanted to stop in and say hello. I haven't been on here since late last year. Life is going good. As most know my story and it was a doozy, I finally got everything I deserved! Overall 90% and I couldn't be happier. It took a lot of hard work and sleepless nights and a lot of C&P exams and fighting the VA but I prevailed. I was thankful for this sight b/c without it I would have never met a great guy that helped me with the final phase of my rating. I am now just waiting on an EED for my contentions but I am really not really worried about it and if it happens great and if not, I am good. Don't give up EVER!
  11. Ok folks, In the midst of researching attorneys to replace my VSO, I got a call from the VSO who was working/not working on my claims. He wanted to get a few more details to work up his Form 646. After a week of speaking back and forth with him, he came to the conclusion that the VA had not reviewed several medical reports, including some of my active duty USAF medical records. (If the VSO would have woke up years ago, and saw that, maybe I would not have had to scream from the mountain tops for the past few years.) I know that it has been my fault all along though for keeping the VSO there. Meanwhile, I get a call from the Houston VARO, who wants to discuss a couple of my FOIA requests for the curriculum vitae of the C&P nurse practitioner and family practice doctor (who from a Google search is actually a Family Practice guy who specializes in collagen and beauty cream treatments in Florida.) They also wanted to discuss my FOIA request for the complete bloodwork lab results and x-ray reports from my last QTC C&P examination (with the collagen guy). The thing they wanted to "discuss" is that they can't seem to obtain the curriculum vitae for either medical practitioner, one from Veterans Evaluation Services and the other the QTC Collagen King. They also wanted to discuss that they can't seem to find the bloodwork lab results, nor the x-rays (and x-ray report), which were all done at the same QTC location near Fort Polk, Louisiana at the same time as the C&P, even though "some of the information" is actually described in the C&P report, which was half completed, with no "rationale" filled in, and excerpts of my time in the Army, although I have never served in the Army, and have always been USAF riff raff. Meanwhile, my VSO guy calls back and says that he will send me my Form 646, and recommended a DRO hearing, and that I request one in writing, so I did. I'm also still kicking myself for still riding this VSO wave, when I should have pulled the ripcord and hired an attorney early on as about 90% of you recommended (and I'm still looking into it). I send one to Janesville in writing. I wait. I wait. I wait. Then I take a chance and call the Houston VARO back and request an update on everything. They tell me they will call me back. I wait. I wait. Then, they do call back and let me know they are still having trouble retrieving records, but that they received my request for a DRO hearing, and that they will forward the request on, warning me that it could be a year or more, and that they are still having hearings from requests from cases filed in 2008. I tell them that I filed mine in 2010, but I'll keep riding the wave. While this is happening, I get a letter from the VA stating that they have addressed one outstanding NOD regarding my dependents, siding with me. So I go back to waiting on the DRO Hearing notice. I wait. I wait. I wait. Then I call back. They say that the hearing request has been submitted, but cautioned that the wait time is still tremendous, and that if I wanted to, I could let them know that I would waive the hearing, and they would get me back on track for the BVA certification, which is still forever away also. I thought it over for about 5 seconds, and said no, I think I'll stand by my DRO hearing request. They seemed disappointed, and once again cautioned it could take months to years. I said it's already been like six and a half, so let the dice keep rolling. We parted ways with them saying that they would let "them" know that I still wanted a hearing, and that I could call back in a few months to check out the status of the request. I said thanks, and they gave me the usual sigh and "Thank you for your service." Such a tender moment. Then three....yes, THREE days later, I get a letter from the VA stating that a VA DRO Hearing has been scheduled for June 6th. I called the MIA VSO to ask him about the hearing, and to see what I needed. He was surprised, pulled me up on the computer, and acknowledged that he saw it too, still surprised, and advised that I need to wear a tie and show up an hour early to visit with him. I plan to be there, and will bring my medical records (hopefully orderly), and see what happens. Any advice on what to do? What not to do? What a ride! Mark
  12. 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.
  13. December 31, 2015...had a DRO for an appeal on a "1151" claim. The "1151" for malpractice/negligence has been pending since May, 2011! Obviously, the DRO was denied for the same wrong reasons as before. My prior VSO had filed a C.U.E. previously...and, that was denied. Currently, have no representation. Question?: Do I give up...and, say the VA has won? Is this what the VA wants me to do? Do I have it certified and go to BVA? Do I opt for representation? VSO? VA certified lawyer, etc? Referrals? If I opt for representation...may I pick anyone from anywhere in the states? Also, what's the difference between "1151"and filing a complaint with the OIG? FYI, currently residing outside of the country, permanently. Thanks for the input.
  14. 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.
  15. Greetings all, I started a new thread because I felt this topic was a separate issue from my last post, but was a factor regardless. I will try to keep it brief. I was PEB/MEB'd from the USAF in Minot, ND on Nov. 2007 for DDD and Osteoarthritis (four herniated/bulging discs). The week prior to separation, I was mandated to attend a TAP Briefing (Transition Assistant Program), where a Veteran Affairs Rep briefed us on the importance of filing a claim, and had us fill out from 21-526. They indicated that we should receive a phone-call regarding our C&P Exam in approx 30 days. And sure enough, on December 22, 2007, I received such a call from the Fargo VAMC calling to schedule me for my CP&E. However, I had already returned to my Home of Record (Dallas), and they informed me that my claim/records would be transferred to the Dallas VAMC, and that I should call the Dallas VAMC in 30-45 days if I do not receive a call. 47 days pass, and I call the Dallas VAMC. No record of me, at all. So I call the Fargo VARO and VAMC. Also no record. The Waco VARO had no idea where my C-File was, and I was instructed to file another claim. So on March 26, 2008, I filed a claim with Hood County VA Rep in Granbury, Tx. Did the mandatory wait, checked back, NOTHING. This continued a few more times until I gave up and just used my Private Insurance for all future MRI/Treatment of my conditions. I made so many mistakes in the beginning, got apathetic towards the middle, and now I'm down right pissed when I should have been years earlier. Complacency is Deadly. So my question is, would it be possible, or even worthwhile, to request Special Handling as my issues fell squarely in the timeline of Shreddergate? The VA has ZERO record of me from 2007-2012. No claims, calls, or STRs prior to Jan. 3rd, 2012.
  16. Got a call earlier this morning from the DAV, who I mistakenly made my POA. I emailed them a month ago about my claim status, since ebennies was showing prep for decision and that the DAV had recommended a decision. So I waited till now, to hear from them. Man told me that the VA has denied all my claims!!!!!!!!!!!!!!!!!!!!! I ask which ones, he said there is a bunch of stuff "in here". He said my jaw condition is denied, Oh??? I have half a dozen treatment records from both the medical and the dental side, clearly showing treatment in service. He said it doesn't show SC???????????? Then what does? I ask when did this happen? He said November 23rd!!!!!!!!! Oh???? I haven't seen or heard anything from the VA and ebennefits stiill showing prep for decision. He said he will print out the letter and mail it to me today. Said when I get it, to go through my STR and find every instance of treatment or any mention of my contentions. Said my MH was denied due to same. I said it was filed as secondary to chronic pain. Said I sent in a boat load of evidence showing over 20 years of pain and related prescriptions from in service and post service VA treatment. Said I need to have my VA MH write a letter stating that he DX my MDD due to chronic pain. I said doesn't the VA only take the word of the examining MH dr? He said I still need to get that letter. I told him just send me the letter and I'll take it from there, thanks and have a good day. WTF!?!?!?! I called my benefits counselor, he told me no such thing!!!!!!!!!!!!!!!!!!!!!!!!!!! He said that none of my claims are decided and that they've only been at the Philly VARO since Dec. 15th. He said it is showing him that they are reviewing the evidence and exams, and trying to see if they need to order exams for any of the claims that don't have current or recent exams. Oh, ok, I understand that the VARO is a wormhole and who knows when or where your claim may land. Makes me feel like the butt of some epic inter-galactic joke!!! GGGGGggRRRRRRRRR!!!!!
  17. THE VSO JUST WANTS TO GET YOU REGISTERED SO THAT THEY GET THERE MONEY EVERY YEAR FROM CONGRESS. THATS THE ONLY REAL REASON OF THE BACKLOG... THINK ABOUT IT FOLKS!!!!!!
  18. hasnt anyone figured out that the best way to decrease appeal time is to urge congress to stop allowing money for the VSO. as long as they are paid by the amount of people they have through the government coffers than we will never get what we need think about it folks. they need lengthy appeals so they get there money every year. if they fought and won every week than they would be brok because they just dont have that type of inventory and thats all we are to them is inventory and numbers. HEY HEY HEY,,, VSO MUST GO !!!!!
  19. I recently received my letter of denial for increase on the grounds that I needed to have more than one prostating migraine in 2 months and even though my VA medical records never mentioned the word prostrating the Neurologist does say on multiply times that the patient is unable to work during attacks and he has also stated that I needed to lye down in a dark room. The only problem is that it is a teaching hospital so each time I see a different resident and maybe a different attending also. I have become a test dummy for the Neurologist because I have been on multiple medications and have failed therapy but I still try. My attacks can be from 2-5 headaches a month with each one lasting at least 2 days the only reason I haven't lost my job is that the neurologist filled out a Family Medical leave paper which allow me to miss periods at work without being fired but believe me my job is ready to dismiss me if they can find the loophole. With everything in my medical records I thought I would at least get 30%. Can anyone help me understand what to do? At the C&P the ARNP asked me all the questions and said that she could only write what was in my doctor notes the only thing I could think is that she read the resident notes without reading the attending notes. I have sent back my NOD already highlighting what the attending notes say in my VA medical records for the last two years. Also I have no idea what the C&P notes say because they did not send me that and I can not find it in my medical records. Please Help
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