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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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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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I ain't heard a word from my DAV  so I been thinking about getting his POA Revoked.  Just handle my claim myself..if I need a attorney I'll hire a good one One that's for the veteran....my problem is getting one that don't really care how much retro I got coming  but just to wants to help a veteran.

 

..........Buck

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Sorry to hear of what you are going thru. One quick note, is that you must be Treated or Diagnosed for a condition while in Service, not just your words on the exit exam. Also, the VA will always ask for a VA Doc to Diagnose and Treat MH conditions, we all know that on here. You cant wake up one day and say a New Diagnoses of PTSD is due to my Neck hurting, just an example, as I had a Vet that I was helping try this, and boy the VA denied SC in about 2 Mins. Just make sure that, DRs Diagnoses, VA Treatment and Your STR mach completely to what you are filing for. Physical Evidence is Evidence, no matter what C&P Doc, or VA says, Evidence that can be Touched and Read will always win in the End. Just try to calm down and relax. Good luck and Keep us posted. God Bless and hope you have a Happy New Year!!!

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Andyman

    You make a good case for the many people who say your VSO is not your friend...he works for the enemy, when he gets "free rent" at the Regional office/ VAMC's.  We know there is no such thing as "free rent" so the DAV has sold you out to pay their rent.   My DAV guy conviently "sat on" my appeal for about 18 months before sending it to the BVA.  I sure could have used money 18 months earlier by not having a VSO, when I have to do all their work for them anyway.   

 

Navy,  

     Gee, I wish I had half  the people skills you have.  You reek of compassion and that is great.  

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Buck,

I will be revoking their POA ASAP!  Haven't done one single thing for me, that I'm aware of, beyond recommending a claim decision that resulted in "denied everything".

Navy04,

While the sleep issues and shoulder was only mentioned on a health questionaire, the sciatica symptoms were mentioned during visits to the medical clinic to be treated for back pain. 

And I filed the secondary depression a few months after my VA MH dr DXd me with MDD.  And for that I submitted copies of all STRs showing treatment for pain in my back, knees and feet, during AD and at the VA afterwards.  I also showed where I was prescribed various pain meds during each visit as well.  And I sent a copy of the complete VA prescription list showing the NSAIDs I was prescribed, and how often they were refilled.

I was able to regain some level of calmness after speaking with my benefits counselor and Peggy, both confirmed that my current claims are still open.

broncovet,

I have only contacted the DAV twice, and both times they wanted me to do something before they would do anything for me.  Hmmm...I can do that with out them just as easily.

Semper Fi.

Andyman

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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.
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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.  

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      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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