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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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  • Our picks

    • 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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jbasser

Hadit.com / Blog Talk Radio Show The Basser hour Back to Basics Tuesday Jan 5 2016 2:00pm est.

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It is a new year so Jerrel and I have decided to go back to the basics of Va claims.

This is a multi part series starting on Tuesday Jan  at 2:00pm eastern. We will begin with Disability and gathering evidence and filing the claim, what forms to use, selecting a representative to assist you  and how to navigate the process. No one should have to go this one alone.

 

Join us for this show.

 

John AKA JBasser

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Please call in 347 237 4819.

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The show starts at 2:00 pm so if you are new to the process, join us.

 

Basser

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  • Similar Content

    • By Peggy-KS
      McClatchy Investigators asked the VA for cancer information among the VA patients via FOIA request.
      Now the VA says "Wrong Data" because cancer rates are skewed (elevated), you should use this data.
      VA has a problem with numbers:
          How many homeless veterans?
          How many veteran suicides?
          How many veterans are waiting for care?
      https://www.mcclatchydc.com/news/nation-world/national/national-security/article236421513.html
    • By AntiqueLT
      I have been researching this for a while and I keep ending up here at HadIt reading old threads.  So, now that I am ready to ask questions I have com to you.  I appreciate the knowledge I have acquired here already.  Thank you all.
      My situation is that I was service connected rated 20% for Degenerative Disc Disease (DDD L2-3 and L5-S1) limited mobility as well as 10% each for a shoulder, both knees and PTSD back in 2011.  50% total rating.  This was done through the Army/VA program when they told me I couldn't play with them anymore.
      Fast forward to last year and I began to have numbness and tingling in my legs from standing for more that 20 minutes at a time.  Over the course of the year it shortened to 10 minutes and I was experiencing warm and cold flush sensations in my thighs.  In November I had bad sciatic pain and a steroid pack resolved it.  Then in January this year it went precipitously downhill.  I started having numbness start from my groin to just below my knees after 5 or so minutes.  I was down to 5 - 10 minutes of stand or walk time and I started getting wobbly and falling down if I pushed it.  I had to stop working in April because I was stumbling and scared that I was going to fall off the ladder I climbed repeatedly throughout the day.
      So I have had MRIs and an EMG and fought with doctors and it appears that all the VA is willing to do is give me a shot in the back and leave me crippled.  The diagnosis is lumbar radiculopathy.  The MRIs show two herniated discs (L4-5 and L5-S1 and a bulging disc above at L3-4) as well as stenosis and multiple moderate and severe nerve impingements at these levels.  The EMG shows "electro-diagnostic evidence of L5-S1 radiculopathy.
      Given that I apparently need to grab a Snickers while the VA medical side struggles to do medicine, I figure I need to file a claim on the worsening back and the neurological deficits that it is creating.  My problem is this:  I'm not sure how I should make the new claim and what it should be for, exactly.  I contacted the American Legion rep for my county and he basically said he just files paperwork.
      I have looked at 4.71a and I get the rating for the spine itself.  I'll need to get them to do a measurement for flexion to see if I meet the criteria for that to change.  When I go looking for the neurological stuff I get lost.  Same goes for the stenosis and arthritis.  I can't seem to figure out how they get rated and what I would present from my file to establish the criteria.  I have to think the numbness and loss of strength from standing / walking leading to falls have some place in this.  If someone can give me some help and guidance I would be eternally grateful.
      Then there is the whole how do you write it up so that the paper shuffler who has a couple minutes to go-nogo the packet sees what they need to see.  But that is a separate matter for when I have the what figured out, I suppose.
      Thank you all again for any help you can provide.
    • By Victor Ray
      DAV told me there is no expediting claims anymore even for Vietnam Vets. Only terminally ill vets, homeless, or going to be homeless are expedited, so it took DAV 5 months to get my claim into the system because they trashed it the first time because they are a corrupt organization.
      Mr. Edwards in St. Louis for DAV got Mr Stephen Kelly his 12 years of retro pay in one week without even filing a claim, the way I read it. Dan Knabe For DAV got Mike Franko’s claim “Expedited” after he had been denied once already, also got him service Connected, got his retro pay, and got him a job with DAV as well. There was no mention of homelessness, or illness besides ptsd and knee injury. 
      Mr Kelly was just before me and Mr Franks was just after me and none of us fit the requirements except Mr Kelly and myself were Vietnam vets, and Mr. Kelly and Franko were Gulf War Vets, as best as I remember. I was permanently damaged by something affecting my entire internal body and skin(AO), and records hidden all my life. Edwards and Knabe got their clients records, scoured through them, and completed and closed the claim in one week. 
      The VA is still withholding my records, I have used a VSO (now VFW) for the last four years, and still waiting. VFW told me it would be at least 3 or 4 years before the BVA gets to mine. Minimum 3 to 4 years, and I probably won’t even exist by then. 
      This sounds like picking and choosing who is expedited, which is nepotism or being prejudiced against my claim. I filed in 1983 because the Army lied about my records in 1972 or I would have filed then. Total manipulation to keep me from Justice per Exemption 5 of FOIA. Any recourse? Is a malpractice suit the only recourse, unless they make it right with this last attempt? Thank you!
      victor ray
    • By jbasser
      Alex Graham Aka Asknod will be our guest speaker. His with and humor along with his vast knowledge of the VA is amazing. Join us for this show. You will learn something. 
      Give us a call and join the conversation.
      To call in dial 347 237 4819 option 1.
      To listen: http://www.blogtalkradio.com/haditcom/2018/01/19/hadit-podcast-with-special-guest-alex-graham-aka-asknod
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  • Our picks

    • 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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