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  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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TopSecretWrapper

Hello From Texas

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Top:

Welcome to Hadit where Vets help and support each other

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Okay this is the deal, it takes a few weeks, probably two or three to get a copy of your medical records. To first file for disability compensation from the VA you'll need to read up and its not difficult to get started. Once the VA application starts, its important to know what to expect and I expect thats why we are here at Hadit, because its alot of difficult lessons learned.

Do you have a HMO or other health insurance provider? If so it would be important to consider making sure the injury (or specific injuries) that you have is specifically related to your military experience. So by getting your SMRs, you can extrapolate any care you receieved for the injury(s)while in service. For example, if its your leg or hip, you can provide your service record information to your private doctor for a diagnostic statement called a IMO* (independent medical opinion*) which its important to read up on. When filing for compensation, the VA examines for injuries claimed. If possible its helpful if you have a current condition diagnosis (IMO) to submit to the VA so they can identify a service connection (nexus) to a currently diagnosed injury for compensation.

Not everyone got a physical when they were released, if you did, then its important to review that for claimed conditions, it'll help. Medical opinions are key to claims. I had expected the va to see the injuries in my smr's, sure didnt work that way and here it is over a decade later, I'm still working my issues. Of course my heart goes out to others like Agent Orange veterans, the conditions show up so much later and the claims process most times moves so slow some vets have been known to stress out and not even try. Bottom line, there are Veterans Benefits are 'due' veterans, we have to learn the VA way to apply for them.

Hope I have given you an idea or two, best to ya, cg

Edited by cowgirl

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Welcome aboard TS. The first thing you need to do is contact the local chapter of a service organization. The American Legion, Disabled Veterans, PVA etc..... they will be listed in the phone book.

Next if you do not have a copy of your service medical records then you will need to obtain a copy of them - more on that if you do not have a copy.

Third - slow down and take a deep breath. If you did not register for the Gulf War Registery, contact the VA and tell them that you desire to be registered.

Once you contact one of the above organizations they will assign you what is called a service officer (SO). He or she should help you get your claim on the road.

Keep coming back to Hadit and update us on your claim and we will assist you in anyway we can. Good luck

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Thank you, It is great to be here. I feel like I am not alone in this new venture.

Top:

Welcome to Hadit where Vets help and support each other

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CowGirl,

Wow, I am so glad to see all of the information and guidance that you guys offer. It is normally my husbands duty to guide, gaurd and govern, but not in this situation. I really appreciate it more than you know. I am taking down the notes as fast as you all put them up here. I am heading over to the VA hospital today to see where to start here in Houston. I spoke with a Vietnam vet at my church last night, and he assured me that they would set me in the right direction. I did file for my SMR's yesturday, and I am in the process of getting an MRI on my lower back and hip. However, I went a very long time with out insurance, so have very, very few medical records. But, the last 2 years are documented with the same doctor. I did not get a physical upon release, but I did give birth. So, all of my history with the service should be recorded up until the last day. I am anxious to see the records. It has been a long time.

Now, as for the MRI, I will have to pay out of pocket for 10% of that, should I wait until my initial paper work is started in order to get reimbursment later, or go ahead and do it now? It sounds like you have been through all sorts of trouble with this, and I would rather not reinvent the wheel, I will gladly learn from your lessons.

Okay this is the deal, it takes a few weeks, probably two or three to get a copy of your medical records. To first file for disability compensation from the VA you'll need to read up and its not difficult to get started. Once the VA application starts, its important to know what to expect and I expect thats why we are here at Hadit, because its alot of difficult lessons learned.

Do you have a HMO or other health insurance provider? If so it would be important to consider making sure the injury (or specific injuries) that you have is specifically related to your military experience. So by getting your SMRs, you can extrapolate any care you receieved for the injury(s)while in service. For example, if its your leg or hip, you can provide your service record information to your private doctor for a diagnostic statement called a IMO* (independent medical opinion*) which its important to read up on. When filing for compensation, the VA examines for injuries claimed. If possible its helpful if you have a current condition diagnosis (IMO) to submit to the VA so they can identify a service connection (nexus) to a currently diagnosed injury for compensation.

Not everyone got a physical when they were released, if you did, then its important to review that for claimed conditions, it'll help. Medical opinions are key to claims. I had expected the va to see the injuries in my smr's, sure didnt work that way and here it is over a decade later, I'm still working my issues. Of course my heart goes out to others like Agent Orange veterans, the conditions show up so much later and the claims process most times moves so slow some vets have been known to stress out and not even try. Bottom line, there are Veterans Benefits are 'due' veterans, we have to learn the VA way to apply for them.

Hope I have given you an idea or two, best to ya, cg

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    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
        • Thanks
      • 6 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
      • 5 replies
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