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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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mobie16r

C&p

Question

Hello, everyone,just want to let you know whenever you have a C&P, after you finish take time to go by Release of information, and fillout form 10-5345 so you can get the result of you exam as fast as possible.I am helping a veteran and he is also my friend with his claim.He is 50% service connected for post-traumatic stress disorder and he though he was low balled so we file a reconsideration in October of 2007 and in the mean time he was diagnose with DMII march 2008,so we went ahead and file a claim for that,Ok we live in Alabama where his claim was submit and Montgomery regional office send his claim to Ronoake Va Regional office and they didn,t send all of the evidence that was send to them,so Ronoake send him a letter asking for more evidence and we apply by sending copy's of copy's that we had already send to the Montgomery regional office and in April Ronoake send him a letter requesting a C&P.OK,the C&P was schedule June 2 2008. After C&P we mail a letter to release of information and yesterday the 7 of June five days later we had the full health summary,as you know when you apply for total benefits or unemployability va pull your whole C-file and review it.Lets get to the good part,i said that his claim was send to Ronoake Va and that Ronoake order a c&p,and also we got c&p heatlh summary back in five days,so we review it and i never see so many discrepancy.The C&p was done in Tuskegee Al Vamc,but vamc in Tuskegee review his c-file back from 2002 up to 2008 and they pull out of his c-file everything they could, to get his claim denied in other words they sent to Ronoake exactly what they want to and what they sent is the only thing that Ronoake can go by,seem like Tuskegee got a email from Norma J.Perez vamc Temple Texas.We have copys of all of his treatment records and we are working on them now trying to get them in to Ronoake Va before they decide his claim.I just thought everyone should know about this and how tricky Va is so get your C&p file as soon as you can. I will keep everyone updated

mobie

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You have proof that Norma Perez sent an email to Roanoak telling them how to deny claim.

If you have the paper you should rat her out to the press or one of the Veterans groups like IAVA.org so that something can be fone about these crooks.

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Pete no i don't have proof,what i was talking about if you could have read the c&p health summary notes, and didn't know better, you would thing they had got some Norma Perez email

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....or, maybe Norma Perez was sending information/instructions to her people that had been send to her. In other words, maybe she was just passing on "the message" that her supervisor had passed to her. Maybe ALL the VA PTSD/psychology staff at EVERY VAMC got the same message from "on high" and Norma Perez was the unlucky employee that got caught passing it on to her staff................hmmmmmmm?

Then again, we know that that would never happen..............

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....or, maybe Norma Perez was sending information/instructions to her people that had been send to her. In other words, maybe she was just passing on "the message" that her supervisor had passed to her. Maybe ALL the VA PTSD/psychology staff at EVERY VAMC got the same message from "on high" and Norma Perez was the unlucky employee that got caught passing it on to her staff................hmmmmmmm?

Then again, we know that that would never happen..............

but man o man just think about the fun we could have with such a rumor!!!!! after the perez story they would be feeding on the rumor like a bunch of man hungry white sharks!!!! B)

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Wow, Was only the reconsideration denied? or reconsideration and unemployability denied?

Could be the reconsideration only required a portion of the Cfile? dunno here. To me, the whole Cfile should be used. I've had a c&p exam ala carte. No visible signs of Cfile in the room, no signed disclosure statement Cfile read by medical examiner. Meaning, I get the impression Cfile summary is located on a computer file was used and paperwork is there if needed. I believe 'ain't over till the paperworks done.'

Last time I heard, vets are due disability compensation by law. So why do great guys like you and your freind, veterans here at Hadit, have to fight the 'law' thats supposed to provide the support needed?

I wonder if your freind can get this corrected without a 'redone' C&p? I dont know, but wish you well in your good works.

I believe exam results need corrected because they are part of a C-file. Aren't Cfile's permanent until death do us part and even into the beyond??

My BIG question

"How does a vet 'swiftly' refute and correct only parts of the exam results? without delaying or jeopardzing the stage the claim is at? or even after a seemingly ok rating?"

cg'

who just drank a pot of grounds with a little water tossed in.

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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".  
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