Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Soc In My Hands

Rate this question


Josh

Question

For all here to know, I have now received the SOC and they included only what they wantd to look at what but nothing regarding objective laboratory evidence including the MRI or CSF finding that are absolutely key to this case.

The total number of pages was 28. I am amazed at what was said. Thay want war to be sure. For them to have begun counting -the days is rediculous when they took the time that they did and to lie like they did is amazing. I used to believe in the US system of justice but I am having my doubts at this point. I will never stop this claim.... I will try to reduce the page sizes and get at least part of the SOC here. I am amazed they could actually find a doctor who would say the BS that was said. They do not think except what is best for them. This is war now......My energy is down and now with Gio being treated for cancer and I going with her for her treatments is getting to the limit of my abilities. I will answer and go on to the next step that is for sure but it tears my heart out to see the lies I have seen.

JAH

Edited by Josh

[font=Verdana]

Joseph Hertrich (Josh)

Cartagena Colombia

Boulder Colorado

Link to comment
Share on other sites

  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Stretch,

My wife and I have been together since this escapade started as she brougn me here to Colombia to get the medications I needed to survive. I have found more than enough evidence withing the file to denounce this doctor´s opinion basically from the start. It will be posted here before to long.

I need to ask a question of the group; Can I file the appeal with an incomplete Form 9 with regard to more information to be filled. I.e. A notice of intent to file or must it be totally complete from the beginning of the NOD submission?

I did note one thing Stretch in you post regardng a video conference, how was that arranged and how would I find out if it can be made at a consolate or US Embassy.. Probably a good question for the IRIS system.

Josh

[font=Verdana]

Joseph Hertrich (Josh)

Cartagena Colombia

Boulder Colorado

Link to comment
Share on other sites

  • In Memoriam

Josh,

The VA told me that the BVA hearing could be my choice of Video or Washington DC. I took the Video Conference hearing.

The VA sent me a notice saying that my video conference would be within about 30 days, and to show up on the date at the noted time.

I called them an told them that I would show up.

I did show up.

As far as requesting a hearing in other than a Regional Office (RO) I don't know if the VA will do that or not. You can ask them at their 800 number.

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

Link to comment
Share on other sites

Stretch,

Going to ask through the Iris upport page about doing one in Miami rather than Houston. FRom my location it is a hardship just to get there and I still would have to go through the Miami area.. Hmm Need to check on the VARO´s in that area.

[font=Verdana]

Joseph Hertrich (Josh)

Cartagena Colombia

Boulder Colorado

Link to comment
Share on other sites

Just a note...also it seems if you check Box B in the I-9, question 9 and then identify the specific issues you want to contest, it seems better than indicating you want to contest "all" as you can then be very specifec in your analysis forcing them to be likewise specific in thier reply. Using this method seems to put you, the appellant, into the "drivers seat". Any thoughts?

[font=Verdana]

Joseph Hertrich (Josh)

Cartagena Colombia

Boulder Colorado

Link to comment
Share on other sites

Those are the points to focus on-as well as breaking down anything wrong with the medical opinion they got.

This part to Berta........It took me awhile and I start out slow, but I see how the proper use of the specific topics to be contested are the key to wittle through the Reasons and Bases. At first sight it is overwhelming but then the knock downs come easy as the key issues are identified.

Getting there and moving forward at this point.

Thanks to all here for your support for each other all and hope I can learn, win, and then share that knowledge and really be of service to the Hadit community.

Josh

Edited by Josh

[font=Verdana]

Joseph Hertrich (Josh)

Cartagena Colombia

Boulder Colorado

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use