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Was This Another Trick?


mrsvet28

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Question:

After the VA issued the final 100% decision for PTSD-leg disorder-and TDIU-I sent back Appeal status election and said satisfied with these 3 that were decided-Nov 09

Along with that they sent a seperate SSOC for hypertension related to PTSD- that was under remand pending the CP exam-which was favorable 50-50 or greater Dec 2-09

I replied to the SSOC with no further evidence-to be returned to be decided/as soon as possible 12/01/09

In March I called because never got a reply for the SSOC decision

They told me it was withdrawn on 12/22/09 because of the appeal status election form for the 3 issues/ and I never got notified about it being withdrawn

I explained they were seperated by the VA last year in 08 and I didnt understand why they did that-

Now they are telling me to submit 21-4138 again-I have a copy of the CP exam and will submit that as well as evidence-according to 19.38 Sec 20.302 the case will be returned to the board for further appelate processing unless the appeal is withdrawn or review of the response to the SSOC results in the allowance of ALL BENEFITS sought on appeal .

I know what they did even if it isnt compensable-it still is related to me being able to collect benefits, heaven forbid if Mrvet dies of hypertension in relation to his PTSD-correct?

How do you guys feel which way I should go with this- Thanks Mrsvet :rolleyes:

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  • HadIt.com Elder

I think that you are handling this very well. Thank you for standing with your Veteran to insure that he gets his earned benefits,

The VA's sneaky way of not taking the evidence as a whole and gyving a competent rating is distressing to me.

If the VA is what it claims to be many would not have to go through this Voo Doo application of Federal Regulations.

The VA acts like the troll guarding the treasury from Veterans who served and played by the rules.Someone has to fix this broken machine.

The VA should help Veterans with their claims and quit using sneaky tactics and rabbit punches to make many I am afraid give up.

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I think that you are handling this very well. Thank you for standing with your Veteran to insure that he gets his earned benefits,

The VA's sneaky way of not taking the evidence as a whole and gyving a competent rating is distressing to me.

If the VA is what it claims to be many would not have to go through this Voo Doo application of Federal Regulations.

The VA acts like the troll guarding the treasury from Veterans who served and played by the rules.Someone has to fix this broken machine.

The VA should help Veterans with their claims and quit using sneaky tactics and rabbit punches to make many I am afraid give up.

Pete53,

Thanks for your reply- do you think I should submit the statement in support of claim-when it could set it up to be started all over /or just keep going and resubmitting title 38 and the other evidence/

and I agree with you/we have to obey all forms and rules- and only for them there are no rules!

did you read my post how we settled with the lawyers?

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  • HadIt.com Elder
Pete53,

Thanks for your reply- do you think I should submit the statement in support of claim-when it could set it up to be started all over /or just keep going and resubmitting title 38 and the other evidence/

and I agree with you/we have to obey all forms and rules- and only for them there are no rules!

did you read my post how we settled with the lawyers?

Yes I did read about the lawyers. I am very disappointed that that happened to you but yours is not the first claim that a Lawyer was hired and did very little and yet was there to get as much as 20% of Veterans back pay.

They are scum sucking bastids in my opinion but it appears that you did your best and pretty much prevailed.

I pretty much agree with your tactics but I suggest you wait a couple of days and see what others think about your tactics. For whatever it is worth I think you are on the right track.

Thank you for helping a veteran

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Question:

After the VA issued the final 100% decision for PTSD-leg disorder-and TDIU-I sent back Appeal status election and said satisfied with these 3 that were decided-Nov 09

Along with that they sent a seperate SSOC for hypertension related to PTSD- that was under remand pending the CP exam-which was favorable 50-50 or greater Dec 2-09

I replied to the SSOC with no further evidence-to be returned to be decided/as soon as possible 12/01/09

In March I called because never got a reply for the SSOC decision

They told me it was withdrawn on 12/22/09 because of the appeal status election form for the 3 issues/ and I never got notified about it being withdrawn

I explained they were seperated by the VA last year in 08 and I didnt understand why they did that-

Now they are telling me to submit 21-4138 again-I have a copy of the CP exam and will submit that as well as evidence-according to 19.38 Sec 20.302 the case will be returned to the board for further appelate processing unless the appeal is withdrawn or review of the response to the SSOC results in the allowance of ALL BENEFITS sought on appeal .

I know what they did even if it isnt compensable-it still is related to me being able to collect benefits, heaven forbid if Mrvet dies of hypertension in relation to his PTSD-correct?

How do you guys feel which way I should go with this- Thanks Mrsvet :rolleyes:

Just an update this claim has been resolved, they never withdrew it- it was a seperate issue as I said and I keep mailing facts and calling and it was decided August at 0%compensable - due to PTSD, but I was able to prove the error was made.:biggrin:

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  • HadIt.com Elder

then you won hypertension is at most a 10% issue but it is a gateway to heart disease so getting the 0% SC is a huge win in case the vet has a heart attack given his other rated conditions the 10% would not make a difference but you were right in pushing it blame lawyers as blood sucking all you want but 80% of a win is better than keeping 100% of a loss there have been more wins for veterans with lawyers especially on complicated issues where if the veterans loses do does the lawyer if a VSO loses they don't lose anything they still have their paychecks, their meals, their vacations, their cars and their homes of a claim is lost the vet and their family lose it all

I used a lawyer and won a battle I had fought for 7 years and the entire time the VSOs all told me I could not and would not win American Legion, DAV, PVA they all told me to forget it and start over and ask for hypertension and then file a claim for CAD after they hypertension was granted at 10% I was to stupid to give up on a claim I filed in Dec 2002 and start over I kept the claim alive thru NODs, DROs, reconsiderations and pissing off Senators and Congressman, President Bush and VP Cheney, before it was over I found a lawyer in July 2007 that due to the rules could not take my claim under the new rules for the 20% but she could take it pro bono and she did, she even paid for a last minute IME she felt was necessary to push the claim over the top showing how the high triglycerides my medical records had showed for decades were a precursor to CAD written by a Chief of Cardiology at a prominent cardiac center the BVA Judge used my 3 IMOs and 1 IME to say my evidence put the VAs into relative equipose amd granted my CAD and hypertension secondary to PTSD this was before this was a common connection and it still is not as easy as some people would like to think, many of these claims are still denied.

Lawyers for Vets earn their compensation, they do it on faith, faith they can help you and your family obtain a lifetime of benefits and they have no guarantees they go in with the idea they can prove that the military caused your medical problems and they work hard finding doctors to substantiate their opinions, they spend months in additional classes to learn the VA claims process CFR 38s the VBM manuals, they meet about every 3 months for continuing education classes and they have some great organizations where they work together to help each other work out strategy, tactics and how to present evidence, few of them make a lot of money doing this, some earn a decent living with large clientele's I don't begrudge them a nickle they make they took a lot of stress off my wife and I and in less than 2 years took me to SMC S with a back pay check of 20,000 NOVA lawyers have it going on and I will recommend them until the day I die.....

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