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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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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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pete

Knees

Question

Good morning, I'm going to file a claim for problems in my right knee that I think are due to imbedded shrapnel-it's sore all of the time. I went to VA Doc and he gave me Vicodin which says on the label "Don't drive" while taking. I also have arthritis issues with both knees. Any suggestions on filing this claim? Thanks.

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Guest Berta

Pete- welcome aboard-

You should certainly file on the knee problem and also add the arthritis as secondary as I imagine it is affecting that knee.

Since this might be your first claim- do you have your service med recs to prove the injury in service-like X rays-or treatment notes. If the PH is on your DD 214 that would do it without those records.

If you still have a visible and painful scar put that in the claim too.

Veteran- now is the time to consider something else - schrapnel comes from the known stressor of receiving incoming- if you believe you might have PTSD from that or anything else in service put that into your claim too.

Thank you for your service!

Edited by Berta

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Hi Berta, thanks for the reply. I've been on this board before about my PTSD claim and have had some dialogue with you. Your knowledge is amazing. Anyway, my previous SO never suggested I file a claim for the knees. My scars (10-12 of them) are only about an inch long. Should I file this claim while my ptsd claim is pending? It supposedly is at the RO's desk. Supposedly being the key word. Berta, back in October you posted that although your time is limited, I could contact you for advice for a NOD on my ptsd claim when it comes. May I still do that? Thanks.

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Guest Berta

Sorry about that Pete- some of you look different to me on the new board.

I certainly would add the scars to the knee claim-if they are tender scars put that in too-

and email me or post at my message thing here at hadit- if you need NOD help-

It is a shame that we always have to anticipate filing a NOD-even if we have a solid claim- one never knows what the VA will do.

But a denial under Reasons and Bases,will state exactly what the VA needs in order to award the claim.

If the veteran can satisfy what they want with additional evidence, they cannot come up with more reasons and bases.

Also the List of evidence used could be leaving something out that is critical.

And an assignment of the wrong diagnostic code could get a rating lower than it should be.

I was just talking to a VARO employee- they are under so much pressure that they are skimming through some of the claims-

One of my vets had a 6 page statement he was going to submit as NOD-

all he needed to send was the evidence they wanted-which he had obtained.

His NOD was reduced to one brief page referring to attached copies of VA medical evidence.

I should talk- I had sent them a lot for my present claim-17 submissions of medical evidence and 2 IMOS-

that has all been reduced significantly-

but it all lent to a preponderance of evidence. I know they will never read it all.

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Hi Berta, on my c&p report the VA Psychiatrist (resident) put on axis I that I had ptsd AND major depression. The RO asked for a second opinion to see if the ptsd and mdd were related or separate. The addendum report said he (the second resident psychiatrist) couldn't separate the two and that the mdd was "as least as likely as not" related to the ptsd. The first va doc also said in he report that i had no friends and significant problems with relationships. Then she gave me a GAF score of 69. I looked that score up and it says with a score of 69 a person is functioning well and has good interpersonal relationships. What's up with all that? While I'm at it they gave me Vicodin for my knee pain-8 a day- it says don't drive-how do th

ey expect you to function? Thanks. P.S. I'm particularly interested in your opinion of my first question about the ptsd and mdd.

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Guest BobG

Pete, I read of your current situation(s) with my deepest regrets. A lot of what you're going through is where I'm at right now. Many of you fellas and gals always seem to ask the questions I have, so thankfully you don't have to hear of my ongoing woes too. So many of you rate higher than me on the pain threshold and my heart goes out to you. Many of you are really even an inspiration to me.

Anyway the point of my submission this morning is Berta. I have to throw in my admiration too, Pete.

I'm not sucking up to her mind you B) but I gotta offer another Thank You for us ALL.

Lady, you are not only an encyclopedia of knowledge about our common adversary, The Veterans Administration, but you've been offering more than that. MUCH more than that. YOU GIVE US HOPE .

Carry On and

Semper Fi

Edited by BobG

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  • Our picks

    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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