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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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kent101

How does it look for my BVA appeal to you?

Question

I looked at my C-File and the reason they denied my sinusitis was that they said I had no treatment for it in my medical records. In one of my medical records it shows that I told my doctor I had sinusitis. The doctor didn't treat me for it after I told him about it. So the VA says because the doctor didn't treat me for sinusitis that it doesn't matter if I mentioned I had it. At my C&P exam the doctor said it was more likely than not that my sinusitis was caused during basic training. The C&P doctor said also that I had allergic rhinitis. On my last claim I applied for rhinitis and they denied that too. The C&P doctor years before then said that my rhinitis was more likely than not caused during my service too. It's been 5 years so far waiting for my BVA appeal. When I wrote the letter I said "How's it my fault that the doctor failed to treat me for sinusitis when I reported it"? Do you think I'll be giving this sinusitis disability rating or not?

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At my C&P exam the doctor said it was more likely than not that my sinusitis was caused during basic training.

How did the doctor come up with that if there is no treatment records???. 

while in service. You may have a hard battle to win but Good Luck.

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Based on what you posted, you should win this appeal.  

The criteria for service connection, is as follows:

1.  Current diagnosis (of sinusitis).

2.  In service EVENT or aggravation.  You dont have to have a in service "treatment" or an in service diagnosis.  This is a bogus denial, that some VA rep "made up".  There is no requirement for in service "treatment", but rather an in service "event".  There is a difference.  The Caluza elements makes the requirements clear.  

3.  Nexus, or medical link between 1 and 2, above.  

     VA does this all the time.  In my case they said it had been "too long" since military service.  Do you see "length of time since service" as one of the criteria?  No.  The VA has to rate on criteria, and the BVA and courts are required to enforce the Caluza elements for service connection.  

     This said, I did not read your file.  Is your nexus solid?  I dont know.  There are criteria for a valid nexus, too, and I dont know if you met that criteria.  

     The VA can not deny you because of "non criteria".  That is, they can not deny you because you have blue hair.  This is not one of the criteria.  That does not mean that they wont try, it means that the BVA/CAVC will stop this rinkus dinkus, but only if you timely  appeal and call em out on it.   

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One caveat:

    If your "in service physical" shows you had sinisutis, it will make it more complicated as you will then have to show "aggravation".  That is, you will need to show the military made your condition worse than it was before service.  

    If you "dont have it" when you enter service, but "you have it" when you exit service, there is a presumptive you got it in service.  The docs notes shows "you have it" but you still need to prove the other 2 Caluza elements I defined, above.  

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how can you win with no treatment records???  If I tell a doctor I had heart

disease in 2000 but no treatment records how can you win ,hell you cant win

with evidence and you have none waste of time. jmho

 

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I really don't know how you can come  with this he will win have you won??

An Imo cant help this JUST SAYING and what its worth. Now you know

why the appeals line is so long no evidence and filing

Edited by porgee

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

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