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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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    • Update 2:

      Just talked to a representative for my lawyer.

      I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence.

      The motto of “deny, deny, deny until the veteran quits or dies” is alive and well.

      It should not take a veteran to present their case before the BVA to get it right.

      It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs.

      I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018. 

      Now I know first-hand how most or some of you feel in hadit.
    • Update:

      My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA.

      I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).”

      My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief.

      Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches.

      Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines.

      I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis.

      I do no understand how the VA can deny service-connection when the evidence is cut and dry.

      The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.”

      Migraine headaches are not rated that way, which to me is clearly a CUE.

      I just feel so broken.
    • 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!  
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Andyman73

WTF, over!?!

Question

Got a call earlier this morning from the DAV, who I mistakenly made my POA.  I emailed them a month ago about my claim status, since ebennies was showing prep for decision and that the DAV had recommended a decision.  So I waited till now, to hear from them.

Man told me that the VA has denied all my claims!!!!!!!!!!!!!!!!!!!!!  I ask which ones, he said there is a bunch of stuff "in here".  He said my jaw condition is denied, Oh??? I have half a dozen treatment records from both the medical and the dental side, clearly showing treatment in service.  He said it doesn't show SC????????????  Then what does?

I ask when did this happen? He said November 23rd!!!!!!!!! Oh???? I haven't seen or heard anything from the VA and ebennefits stiill showing prep for decision.  He said he will print out the letter and mail it to me today.  Said when I get it, to go through my STR and find every instance of treatment or any mention of my contentions.

Said my MH was denied due to same.  I said it was filed as secondary to chronic pain.  Said I sent in a boat load of evidence showing over 20 years of pain and related prescriptions from in service and post service VA treatment.  Said I need to have my VA MH write a letter stating that he DX my MDD due to chronic pain.  I said doesn't the VA only take the word of the examining MH dr?  He said I still need to  get that letter. 

I told him just send me the letter and I'll take it from there, thanks and have a good day.

WTF!?!?!?!

I called my benefits counselor, he told me no such thing!!!!!!!!!!!!!!!!!!!!!!!!!!!

He said that none of my claims are decided and that they've only been at the Philly VARO since Dec. 15th.  He said it is showing him that they are reviewing the evidence and exams, and trying to see if they need to order exams for any of the claims that don't have current or recent exams.

Oh, ok, I understand that the VARO is a wormhole and who knows when or where your claim may land.

Makes me feel like the butt of some epic inter-galactic joke!!!  GGGGGggRRRRRRRRR!!!!!

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A trip to your RO VSO main office might be in order. Find out when the MFIC is in, make an appointment to see him. DAV is usually pretty tight with the VA Rating Dept, DAV NFIC should be able to get this squared away.

You may want to do a 2fer, try to get an appointment to view your C-File while your already there, or maybe that let you do it as a walk-in. Doubt it but worth a try. You really need to see what Evidence is in that C-File.

Semper Fi

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Gastone,

It's funny, tho, that the DAV said one thing, but the benefits counselor told me something else.  And what benefit counselor said matches what ebennies is showing me.

I have a copy of my C-file up to July of this year.  I was planning on ordering the next 6 months of it in the new year. 

Now correct me if I'm wrong, but all we need for SC is to have a STR showing that we mentioned what ever the issue is, and not neccessarily DX or treatment? For example I mentioned numbness in my feet and shooting pain down my legs and buttox while being seen for back pain, but wasn't treated for the sciatica symptoms.

And secondary conditions don't need to be in the STR at all, such as the sciatica mentioned above?

Thanks, Gastone.  I will call the Philly VARO and see what's up.  Are the reps at the VARO normally decent to speak with?

Semper Fi.

Andyman

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Andyman,
That is totally crazy. When I had the DAV representing me, they would be given the decision letters/SOC first. I was told it had to do with something like quality control, but it has been a few years. I seemed to always get my official VA rating in the mail about a month before ever receiving the DAV's paraphrased version.

The VARO reps I talked to seemed to be just regular people like us. I went to my VARO, signed in, waited for a little while, and then did get to speak with a VA rep. I also did the same to speak with a DAV rep, too, shortly after talking with the VA rep.

I hope your benefits counselor is correct.

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If the regional office is close by schedule an appointment is my suggestion.  Remember that this claim is most important to you.  It affects your life not the VSO's.  

I'm not here to bad mouth any service organization but if you don't like the representation you are getting then maybe you need to rethink your strategy a bit.  

The three things needed to get a claim service connected:

1   an injury or illness that happened in service documented by service medical records.

2  symptoms and documented medical treatment/history of the problem

3. A medical nexus bridging the two together using medical rationale.   

one note:  if you had a pre existing injury or illness before service the question becomes whether it was aggravated or worsened by your service.  & Still needing to meet the above three requirements.

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Andy

I believe I'd revoke that DAV...ASAP.

 

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

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  • Similar Content

    • By GeekySquid
      So, as some know I have been having a little war with the VA and my VSO, the American Legion, about getting my DBQ's.
      So today I went to the VSO's office in the VARO building during their "walk in" hours since I could not get them to give me an appointment.
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       She then asks me what I want. Types that I want my C-file and the files on the attached sheet, prints it, shoves it at me and says to Sign it. I tell her no it is not accurate and ask for a pen and write explicitly what  I want.
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    • By Kihr
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    • Update 2:

      Just talked to a representative for my lawyer.

      I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence.

      The motto of “deny, deny, deny until the veteran quits or dies” is alive and well.

      It should not take a veteran to present their case before the BVA to get it right.

      It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs.

      I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018. 

      Now I know first-hand how most or some of you feel in hadit.
    • Update:

      My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA.

      I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).”

      My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief.

      Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches.

      Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines.

      I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis.

      I do no understand how the VA can deny service-connection when the evidence is cut and dry.

      The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.”

      Migraine headaches are not rated that way, which to me is clearly a CUE.

      I just feel so broken.
    • 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!  
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