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  • Trouble Remembering? This helped me.

    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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I do not recommend Bosley and Bratch.

When I first contacted them, I had to send in all information I had.

I am on SSD, and had received an award at 60%, which as many who would read the award letter was the bare minimum on all issues.

They told me that since their was an paperwork stating that they (VA) was considering 100 percent that they did not want to intervene till that was resolved.

I have since then been to the RO office in Indy and have talked to them (VA) 800# and their is no paperwork that they have stating that they was considering 100% especially since I did not have a single issue at or above 40%.

I called Bosley and Bratch at the Indy location and after several phone calls they said they would not represent me because none of my issues was VA service connected and I was not disabled.

Huh?

I am on SSD so yes I am disabled, and every issue that got me SSD is also on my VA claims and the combination of those got me too 60%.

The only thing I needed them to do is dot my I's and cross my T's to get what I should be getting for each of those issues.. which ultimately would get me very close to 100%

They told me before I hanged up on them, was that the only way they would represent me was if I was service connected by a VA doctor stating so.

Sounds like they want me to do the work....

Anyway, sounds like they are just lazy and don't want to take any risk.. not that there would be any really.

Edited by kevin4998

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It is lucky you found out now that they are incompetent and not down the road at the BVA. I had to shop my case around to a number of lawyers. They were just lazy and wanted a quick buck. The lawyer I got was and is willing to go all the way so far. Every time we came into contact with the VA he got more outraged since he had done SSD claims for years. When he saw my C-File he could not believe the state it was in compared to SSD files.

John

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Many competent VA lawyers turn down more cases than they take. They "skim the cream" and only take those they know they can win, and I dont blame them. The VA makes lawyers wait 5 years for their money also. How many people do you know who would work, and only maybe get paid in 5 years? The delays get to attorneys, too, and I met one who no longer takes VA cases as they just take too long to get their money.

Yes, you are going to have to have a doctors nexus statement, the lawyer can not do that for you. If you dont have a statement close to "The Veterans xxx condition is at least as likely as not related to xxxx that happened in military service, you are very unlikely to get service connected unless you are willing to get an IMO saying the same. This is not the lawyers fault, its a VA requirement.

When shopping for a lawyer, often you get turned down 2 or 3 times before you find one who likes your case. Many lawyers have a "market niche" and like certain kinds of cases, likely because they won those before, and yours may or may not fit in their criteria. Yes, they have criteria, too.

I have had at least 3 lawyers not return my calls...they are just to busy to take on new cases. Case in point: Mr. Carpenter in Kansas. He has won many and carefully screens new cases to meet his criteria. Another example: NVLSP. They win about 90% of their cases, in no small part by screening out the ones they think they cant win.

Edited by broncovet

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And if they did charge you money, or try to, contact the Bar Association in your state.

I did that once, had a lawyer who snookered me.....he tried to cut me off the phone after he got my money ,when I complained at his lack of expertise , but I managed to get him to hear me clearly say that my next phone call would be to the NJ Bar Association.

Within hours that same day my money was refunded to me in person by a courier.

(which is really funny because his office was directly diagonal to my backyard when I lived in a city.He could have made the check into a paper airplane and thrown it into my backyard and called me to tell me to pick it up.)

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I understand fully what your saying, that being said this wasn't a case of proving SC. That has already been done by the VA and I am at 60% for that. All I need to do was get the current rating percentage to what is more inline with what I believe they should be. I know what I think they should be and what they will end up to be are two different things. I believe fully that the first rating decision was a low-ball and just to clear their back-log.

I have been looking for specialty doctors for each of my issues. I want to make sure I get the right doc for each issue and ones that are familiar with what I need done.

Easier said then done.

This particular lawyer's office advertises that they would send people to those kind of doctors. And, I have dual insurance at the moment to help with those doctor fees if need be. Figured hiring them was my best to way too find those kind of doctors. I don't really care about ANY retro I could possibly get. I just want to get too the point where my ratings reflect what they should appropriately should be.

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  • Our picks

    • My claim went back to gathering of evidence after I had my second c&p exam for tbi initial. My vso the Dav said it was a dbq to differentiate the symptoms of tbi and PTSD as far as social and occupational impairment. I recieved at least as likely as not on all exams, PTSD, both tbi exams. Has anyone experienced this or know what it means? Is this a good sign my claim will be granted ? Thank you.
      • 20 replies
    • VA Claims requires a lot of note taking - What  I use for note taking
      Trouble Remembering? This helped me.

      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.

      Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.
      • 1 reply
    • Do I have to quit my job?
      Hello everyone. See Below for what I received from VA

       

      A little about me currently. I have a job that is very low stress (work nights no people no stress) very secure because I work in a mountain so im surrounded by granite. I work on computers so it engages my mind and keeps me as active as possible and is my passion. So my question is do I have to quit my job? Thanks!

       

      June 23, 1999 June 30, 2019

      VA Benefit InformationSummary of benefit informationYou have one or more service-connected disabilities:Yes         Your combined service-connected evaluation is:100%               You are considered to be totally and permanently disabled due solely to your service-connected disabilities:Yes           The effective date of when you became totally and permanently disabled due to your service-connected disabilities:July 01, 2019

      major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS


                         100%


                               Service Connected



       

      SMC-S1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

      SMC-K1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

       

      Thanks all!

       
        • Thanks
        • Like
      • 61 replies
    • Progress Notes on C&P Exam
      Hey guys, 

           I don't know if I'm in the right place but i was needing some clarification. After fighting with the military for six years, the C&P examiner stated that my condition precludes me from any physical occupation. 

      I developed asthma back in 2012, while in service. Is that typical wording for pretty much everyone? I guess my English isn't that great and i would like someone to please explain to me what that entails? The examiner 

      also stated that there is a 50% chance or greater that my injury was incurred in the line of duty, does that mean that they service connected me? 

       

      thank you for responding. 
        • Thanks
      • 29 replies
    • I have a 8 year appeal that was granted in May 2019. Entitlement to service connection for acquired psychiatric disorder, to include  post traumatic stress disorders and depression, is granted.

      I live in Missouri, but it looks like the San Diego RO has been tasked with assigning the rating. I am already SC for 10,10,and 10 for shin splints and tinnitus which adds up to 30%. I was trying to determine what would my rating be and timeframe backpay would be paid.

      My symptoms include : nonetheless the examiner opined that is not to say that his issues with pain and tinnitus have not exacerbated mental health symptoms. In this regard the examiner opined that the veterans chronic pain and tinnitus contribute to several depressive symptoms, including depressed mood, sleep impairment, irritability, diminished concentration and interest in activities, relationship problems, and outburst of anger.

      As such the examiner concluded both his tinnitus and issues with chronic pain (not simply limited to shin splints) Are judged to have aggravated and contributed to multiple mental health symptoms. Therefore the examiner concluded that “it is at least as likely as not” that the diagnosis of bilateral shinsplints and tinnitus has  aggravated depressive and overlapping PTSD symptoms beyond their natural course. My diagnosis includes Anxiety disorders too. 

      My grant is secondary to existing disabilities.

      There is a Remand for Inextricably intertwined with the grant of service connection for an acquired psychiatric disorder, granted in the boards decision herein, because it may be affected by the assignment of the disability rating and effective date for the grant of service connection. Once the disability rating and affective date for the grant of service connection for an acquired psychiatric disorder has been assigned, and after completing any other development deem necessary, readjudicate the claim of entitlement to TDIU are you in light of all pertinent Evidence  and legal authority.

      I am not sure but I hope my rating and backpay would be issued before they decide in another possible year for TDIU?

      I am also one of the ones who constantly check Benny’s for a rate change or any updates, but it is the same since May 23rd 2019. Has anyone received a deposit before benny’s Update. Since the new process has been implemented?

       
      • 14 replies
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