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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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    • 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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broncovet

Claim Basics:

Question

I have seen quite a few new people, and decided to make sure, if you are a new claimant, that your claim contains these

3 things, as you wont be getting benefits without them, and you will be forced to a very long appeal:

1. Documentation of an inservice event or aggravation. It is not enough to have an inservice event, it has to be documented, and, that documentation has to be in your C file. Its not enough that your hospital or military branch has it, you need to see to it that VA has it. (If you have not ordered a copy of your cfile, you need to do so now)

2. Current diagnosis. You need to have a doc diagnose the malady you seek as benefits, and, again, this has to be documented and placed in your cfile, or it did not happen.

3. Nexus. Contrary to what your VSO tells you, A "nexus" is not a car similar to the Camry. A nexus must be very specific, it must be documented, and VA must have it, or you will be denied. Your nexus is a link between #1 and number #2 and needs to be worded very close to "The Veterans xxx (diagnosed condition) is at least as likely as not due to yyyy event in the Veterans military service.

There are few things certain in life, but, absent one or more of the above, you can be assured your claim will be denied.

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Ain't that the truth ,

If they would just read most of it and not avoid the medical evidence or lose it or shred it....I think the backlog with claims most claims anyway is they just don't take the time to read all of our evidence they just scan or speed read and = ...denied.

jmo

..............Buck

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You are right.

Broncovet mentioned a Mandamus writ this AM....

I am thinking of filing one, that would order the VA regional offcies ,to reopen immediately, under formal request from the claimant or their POA, any claim they (VA) has denied ,that obviously violated 38 CFR 4.6.,with proof of the mailing of the evidence from the claimant, and a decision that contains no mention of or proper consideration of some or all of the evidence.

I dont have my PC yet with a new printer scanner etc so I haven't really prepared this writ yet.

Also since they had to revise their lack of proper BOD consideration , that too will be part of the writ.

But it probably would do no good anyhow...

If a thousand vets however, or maybe even a hundred, filed a similar writ at the same time, with proof they were victimized by violation of 38 CFR 4.,6, that MIGHT do some good.

For example I looked at my evidence , which I had proof of mailing for and had listed it all on my recent 5103 for my CUE claim pending.( all legal evidence as medical evidence has been established and validated by the VA) I went over the evidence they had, that was verified by a man from my RO who called me about it.

But The denial I got about a week ago on that claim revealed they had not used a single piece of my legal evidence at all.

The director acted like so what....

So I raised another legal ruckus and expect them to do what they did for my other denied claim that I got award letter on yesterday....

Violations of 38 CFR 4.6 are causing a major part of the backlog.

Buck52 is correct.

If your evidence is probative to your claim and they do not consider it, you can be sure the BVA will, but how many years from now will that take?

Edited by Berta
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Yes, Berta, Im considering a Writ of Mandamus. This will be my second Writ.

However, I would love to see yours, if you would be inclined to post it.

My writ involves:

1) Failure of RO to implement board decision (2012)

2.) RO failure to comply with 38 CFR 3.103, failure to give written notice of decision. I allege the VARO denied my "Request for special handling due to shredded evidence" WITHOUT a written decision. (My denial was buried in the RBA and was a note the VARO said that my request was denied because "it was outside of the presumptive period" which I dispute). I contend, as below, that I am entiltled to a written decision on the special request denial as it affects my benefit claims in regard to the effective date. 38CFR3.103 says:

3.103 Procedural due process and appellate rights.

(a) Statement of policy. Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right of representation. Proceedings before VA are ex parte in nature, and it is the obligation of VA to assist a claimant in developing the facts pertinent to the claim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government. The provisions of this section apply to all claims for benefits and relief, and decisions thereon, within the purview of this part3.
(b) The right to notice—
(1) General. Claimants and their representatives are entitled to notice of any decision made by VA affecting the payment of benefits or the granting of relief. Such notice shall clearly set forth the decision made, any applicable effective date, the reason(s) for the decision, the right to a hearing on any issue involved in the claim, the right of representation and the right, as well as the necessary procedures and time limits, to initiate an appeal of the decision.

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bronconvet,

I agree with you on most everything but

How do/can you prove shredded evidence?

.............Buck

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Hey, had a phone call from VA today. Tacit admission that they made a mistake in not considering evidence I submitted via VBMS in 2013. I have filed a CUE in regards to VA not considering all available evidence in making their decision. CUE was received ny VARO on 7 April, and I know it was just a coincidence that they called me today! Kelvin from VA admitted that they had problems in 2013. Hell, nothing new, they still have problems.

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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".  
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