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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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  • 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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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      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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    • 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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Eddie6464

Alcoholism Secondary To Anxiety/depression

Question

I'm currently rated at a combine rating of 60% and 30% for anxiety/depression. I submitted a claim for alcoholism secondary to mental health issues and had my C&P exam last Wednesday which I think it went well since doctor seem to be understanding and caring enough to tell me to get into the VA substance abuse program and also recommended I fill out application for domicillary housing since I'm unstable from house to house. He was also the same doc who did exam for my initial 30% for anxiety/depression. Hope it all goes well!

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Good luck Eddie and you should ask for TDIU 100% if you are not wrking or making less than 900 a month.

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This type of claim is controlled by Allen V Principi and explained in the recent BVA case:

Generally speaking, compensation shall not be paid if the

disability was the result of the veteran's own willful misconduct

or abuse of alcohol or drugs. 38 U.S.C.A. §§ 105, 1110; 38

C.F.R. §§ 3.1(n), 3.301©. There can be service connection for

compensation purposes for an alcohol abuse disability acquired as

secondary to, or as a symptom of, a service-connected disability.

However, a veteran can only prevail if able to "adequately

establish that their alcohol or drug abuse disability is

secondary to or is caused by their primary service-connected

disorder." Allen v. Principi, 237 F.3d 1368, 1381 (Fed. Cir.

2001). Such compensation would only result "where there is clear

medical evidence establishing that the alcohol or drug abuse

disability is indeed caused by a veteran's primary service-

connected disability, and where the alcohol or drug abuse

disability is not due to willful wrongdoing." Id.

The simple drinking of alcoholic beverage is not of itself

willful misconduct. However, the deliberate drinking of a known

poisonous substance or under conditions which would raise a

presumption to that effect will be considered willful misconduct.

If, in the drinking of a beverage to enjoy its intoxicating

effects, intoxication results proximately and immediately in

disability or death, the disability or death will be considered

the result of the person's willful misconduct. Organic diseases

and disabilities which are a secondary result of the chronic use

of alcohol as a beverage, whether out of compulsion or otherwise,

will not be considered of willful misconduct origin. 38 C.F.R. §

3.301©(2).

http://www.va.gov/vetapp11/Files1/1101336.txt

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Ive thought about it Pete but I believe I don't meet the percentage requirements needed to apply for TDIU. Thanks for the well wishes! Have a great day!

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Great info Berta!! Let's hope my claim doesn't turn into a battle. After my friend committed suicide life changed for me and I was admitted to a military mental health ward for about 2 weeks for major depression and after transferred to an inpatient alcohol abuse program at naval station Norfolk which I was discharged for not complying.I was still battling depression and was not on meds to help do I self medicated with drinking and as a result got discharged HONORABLE for alcohol rehabilitation program failure.

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Eddie when you ask for TDIU the VARO has to look at bumping up your current rating to match not being able to work. If you can find a Doctor to opine that you can't work and that you can't work due to a service connected disability I think that you will do it.

Good Luck

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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      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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    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      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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