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    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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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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Guest Jim S.

Can A Hearing Be Requested While Processing A Claim

Question

Guest Jim S.

I was reading that a Veteran can request a personal hearing while the Claim is still being processed. Can a personal hearing be requested in a CUE claim as well? It seems that if I can get the hearing officer to answer the question, "where is it stated that the in-service diagnosis was in error, prior to the VARO Rating officer assuming an alternative diagnosis was the correct one, which denied service connection?" It would sure save a lot of time and effert on both sides of the issue and the CUE claim could be withdrawn so that in light of this information, the claim for compensation can be finally and properly be adjudicated for Service Connection. Or can it be that simple?

Jim S. B)

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4 answers to this question

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Guest Berta

Jim- you can certainly request a hearing if you want but the HO is going to go over the same points that I keep suggesting in my posts here to you-

what is date of final VA decision? (bring the final decision you have CUED to the hearing)

what is the specific legal error from the US Code or Congressional Federal Record in 38 (prevailing laws at the time of alledged CUE)that the VA broke in that decision and how did they did it-

(specifically restate -as it had to be in your CUE claim anyhow- the actual regs they broke and how they did that)

how did that error -if it occurred- manifestly changes the outcome- ie: what specific amount of compensation or other advantage to you did the error- if committed- prevent you from getting?

(For example -for one of my CUES- I alreadyhave figured the SMC retro they owe me under SMC s for one year, SMC r-2 for two years and some other stuff in 1114 on vision loss I forget but will be prepared to rattle it all off to them when I need to-)

the many examples of CUE here at hadit, at my blog, at the BVA and the CAVC show you exactly what you need.

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Jiom

It would sppear to me that the basis of your CUE is that the RO made a 'medical' decision, without the authority, or expertise, to do so.

If they failed to comply with the requirement of obtaining, and stating, a medical decision that the rating was incorrect, then that is the legal basis for a CUE.

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A personal hearing can be requested at any time. It is one right a Veteran has available to them. I requested a personal hearing when my claim sat at BVA for 2 years and it was treated like it was a remand.

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When the DRO denied my recent DMII claim I asked for a hearing. I did not believe that I could actually get a hearing with a DRO but I did and I was successful. The evidence was exactly the same for the first denial and the hearing but I won the hearing. I am not sure why except maybe they just wanted to get rid of me.

When the VARO realizes you are going to stay in their face it is easier to just grant a claim and be done with you.

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      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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