Founder Tbird Posted March 22, 2014 Founder Share Posted March 22, 2014 rpowell01 congratulations this is good news indeed, truly wonderful Tbird Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997 HadIt.com Veteran To Veteran | Community Forum | RallyPoint | FaceBook | LinkedIn | About Me Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years I am writing my memoirs and would love it if you could help a shipmate out and look at it. I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life. The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans. Link to comment Share on other sites More sharing options...
rpowell01 Posted March 22, 2014 Author Share Posted March 22, 2014 BERTA, This is what Dr. Bash wrote in his July 2013 IMO, the same IMO that RO used to grant the TDIU "This illness is permanent in nature and thus is not expected to improve with time." Link to comment Share on other sites More sharing options...
Berta Posted March 22, 2014 Share Posted March 22, 2014 (edited) "I was thinking about this and realized I could file a Request for Reconsideration and submit the evidence the RO lacked in using such as the EMG on my legs that shows I have Right and Left Leg Radiculopathy coming from my L5-S1 which alone should give me P&T status. Yes Good Idea.... the Reconsideration request however does NOT stop the NOD clock and it would be good if your VSO supports that request. I marked my calender for my last Recon Request.Sometimes they react to these requests fauirly quickly, as a few vets here have experienced...others they just seem to sit on ,hoping we will not file a timely NOD. "your dependents will get CHAMPVA which is wonderful, as well as Chapter 35, wonderful too." "Again this is not exactly true Berta. You have to be P&T." Right! My point exactly on encouraging you to try to OBTAIN the P & T status.. So that they WILL get these benefits. "I want to add one more thing. The Vocational Rehab sent me a letter back in mid February that stated they are changing my status to ILP and that I am not able to go back to work. I am going to use this letter as part of my Reconsideration as evidence that shows I cannot go back to work and that I am in the ILP with them." GREAT...that letter is Golden. "My pending GCYclaim ( go cue yourself) is based on their violation of 38 CFR 4.6. "Can you explain this one in detail because I don't understand the meaning of this CFR...Confused after reading it." "§4.6 Evaluation of evidence. The element of the weight to be accorded the character of the veteran’s service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. “b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. “ Source: September 23, 2004 M21-1, Part VI Change 118" Also found athttp://www.warms.vba.va.gov/Regs/38CFR/BOOKC/PART4/S4_3.DOC -------------------------------------- Basically it means VA MUST consider every piece of probative evidence. I think this link contains one of the way I have successfully used 38 CFR 4.6 to attain my proper benefits.....sooner then later in some cases. In one case I used 38 CFR 4.6 ( both the actual reg and the M21-1MR rendition) because VA made a CUE on their denial of my AO IHD claim. Dec 2011. I was livid at their absolutely ridiculous and illegal basis for denial. It was the worst piece of personal VA evidence I have collected so far that shows how incompetent they are. (or how smart they are.... to definitely stall on what was to become a probative five figure award) . I raised alot of cane, filing a request that they CUE the denial immediately under 38 CFR 4.6. I faxed my CUE request to my VARO and followed it up with a scathing IRIS complaint. In 3 weeks the denial and become an award.Maybe less then that .... I found that out from VA Central in DC in December before the 800 # showed the January award. 38 CFR 4.6 is one of the most powerful weapons we have to combat any decision based on their ability to overlook and ignore probative evidence they have received. . Most of those decisions, in my opinion, can be CUEd in the appelate period as I have done. We claimants cannot prepare an adequate NOD if the VA sends us a decision that contains legal errors. A violation of 38 CFR 4.6 ,when the ignored evidence is probative, is a CUE. I have a claim like this pending now. ............. ....It took me some time to make this reply ...My PC was upgraded and seems like a whole new learning process. and you asked additional question.......I almost missed........ YES, that statement in the IMO from Dr. Bash is proof of the permanent and total nature of your disability. That is why they ignored it. It means more $$$ in ancillary benefits. I dont see how the VA could come up with any significant medical opinion to alter that fact. As long as they had that IMO and listed it as evidence, the decision contains a clear and unmistakable violation of 38 CFR 4.6,in not even considering you for P & T... let alone awarding it. Edited March 22, 2014 by Berta GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
me.plum Posted March 22, 2014 Share Posted March 22, 2014 All the time he is !! Congrats to you and your family ! I dont know why the men and woman at hadit do what they do.But may God bless you all for the lives that you have helped. bugguy 1 Link to comment Share on other sites More sharing options...
Computer Tech Posted March 22, 2014 Share Posted March 22, 2014 Congratulations. Rick Take nothing but pictures Leave nothing but footprints Link to comment Share on other sites More sharing options...
63SIERRA Posted March 22, 2014 Share Posted March 22, 2014 (edited) Thanks very much for posting this, this gives me renewed confidence. because my scenario is almost verbatim with this. And to all the superstars like Berta, Asknod, jBasser, Tbird, and all the rest who contribute, even if its encouragement, thank you. You never know the info you post could lead to something, that leads to something else, that leads to victory. I salute each and everyone of you ! Keep on keepin on.! Our lives are so short, so to be blessed with financial and medical security truly is a blessing. Edited March 23, 2014 by 63SIERRA Shyne-I 1 Link to comment Share on other sites More sharing options...
Recommended Posts