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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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    • 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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Jim 501st

I Won At The Bva

Question

I just thought I would Share the good news.

I had a BVA hearing Oct. 30 2009. I got my decision on The 14th of Jan..

I had 5 issues. I will only mention the two that were granted at this time.

She used my meniere's disease which is the big one, because when I had my C&P The lady that did it gave me a 100% diagnosis in her medical exam and ( cerebral gait constant, Leans to the left and wife had to aide him for balance.) Also said I could not perform a lot of my daily activities at home with out assistance but she denied service connection. As I said the BVA judge service connected it.

Also she service connected my right Knee which at my C&p would have been rated a 40% disability due to range of motion and arthritis.

I would also like to mention that she used Dr. Bash's IMO solely for her decision which the local RO refused to acknowledge.

I had three other items that were remanded back to the RO for further adjudication which I feel sure I will win two of.

I feel sure the Meniere's will get me 100% grant on top of all the other awards that I already have (70%) plus the ones the judge granted on the knee.

This is just a brief and I will be glad to go into further detail on the decisions if anyone wants further information.

PS I found it very interesting that the BVA judge cited two CCVA cases in which my wife and my opinions were as valid as medical opinions and used them as reference in her decision.

Jim, 501st

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Congrats and nice to see that they are allowing the symptoms given by Veterans in as evidence.

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Veterans are not competent to diagnose themselves and render medical opinions, but they are certainly competent to say what the symptoms are, and what they and their spouses see.

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Congratulations. However, dont go spending your money yet. EVEN when the BVA does a "complete grant", the Regional office decides what that means. In my case, the RO decided 'complete grant' meant 0 percent. I checked, and it is illegal for the RO to do that, that is there is case law that says that a zero percent rating can hardly be considered a grant of benefits.

Your RO interprets laws however they want and nobody watches over them. They have "interpreted" fast letter 08-41 to mean that it is perfectly legal for the Regional office to illegally shred Veterans evidence as long as it was not in between April 07 -Oct 08.

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FABULOUS NEWS!!!!!

And why are our IMOs being ignored by the VAROs? As the Roakoke story shows they are NOT supposed to ignore any medical evidence-particularly an IMO .

It is all part of the stall tactic or simply overwhelming incompetence.

BVA decision are prepared by lawyers - and only the BVA lawyers seems to respect our evidence these days.

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Veterans are not competent to diagnose themselves and render medical opinions, but they are certainly competent to say what the symptoms are, and what they and their spouses see.

James,

I would have to disagree with a specific type of veterans population on this

as small as it may be.

If the veteran is certified or licensed in the medical profession

the VBA HAS to consider their testimony as such and not just

weigh it as lay evidence, this also includes any published medical

treaties accepted in the medical field, that they have authored.

Example's:

1)

The veteran (claimant) is a licensed Psychologist/ Pstchiatrist/ LCSW,

they are competent to provide medical evidence and/or a medical opinion

on their own mental health disability such as sworn testimony regarding symptoms involved and by regs/rules, VBA is supposed to weigh such as both probable and credible medical evidence.

2)

The veteran (claimant) is a licensed M.D./ RN/ ARPN, they are competent to provide medical evidence, sworn testimony and/or medical opinion on their own disability

and symptoms involved and by regs/rules, VBA is supposed to weigh as both probable

and credible medical evidence.

3)

The veteran (claimant) is a licensed Radiologist,they are competent to provide medical evidence and a medical opinion on their own tests and test results

such as X-ray, MRI, Cat/PET scans involved and by regs/rules, VBA is supposed to weigh

as both probable and credible medical evidence.

The same would hold true for a licensed Dentist or Audioloist.

If you are not familiar with this reg/rule, let me know and I will

find and post it into this topic.

jmho,

carlie

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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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