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    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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  • 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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glashutte

Filing Claims During Presumptive Period

Question

Can someone please clarify these concerns?

1. During the presumptive period after my ETS, do I file everything under one claim? Is it better to file everything under one claim or separately under multiple claims? I'm afraid of the doctors and staff looking over my claim and think I am 'malingering' even though they are all true. 

2. I do not have my actual medical record packet but do have a generalized medical data (still quite detailed) from Tricare Patient Portal via downloading from the Blue Button. Has anyoe had experience with this?

3. When do I submit my nexus? 

4. Do I need a nexus if I was seen during service by doctors and diagnosed for the condition I am claiming?

5. Do I submit proof (being seen by doctors during service, diagnosis during service) a long with my claim? Do you just send them the entire medical record or do you organize it so they can easily match up your medical history and each claim? It would be a pain for them to search through your whole medical history and at that point they may not even want to bother anymore...I assume.

 

 

Edited by glashutte
forgot something

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I think you should read this article from the VA carefully- and click on the "chronic presumptives" to see if you fall into that criteria for any of these disabilities.

https://www.benefits.va.gov/compensation/claims-postservice-one_year.asp

This article and the regulations state :

"The post-service disease must be at a compensable degree (i.e., 10% or more disabling) within one year after the date of separation from service, with certain exceptions."

I assume many of these disabilities , maybe all of them would be listed on your Discharge Certificate.

Are you still  in the ETS process ?

and mentioned Tricare- meaning you have many many years in service...?

You can get a copy of your SMRs now, while still in service.Ask for copies of your Personnel records too.

If you are already ETS and out- did you attend the VA briefing?

If you do have "chronic presumptives" as identified in the links above, diagnosed while you were in the Mil, all you would need to prove, is that that they  have raised to a 10% level(which VA would determine  when they begin to work on the claim)

If not a "chronic "presumptive, then the disability (ies) would have to be filed for Direct SC as Gastone said.

I agree that you should try to get a good vet rep because some of the disabilities you want to claim might well be 'secondary' to something the VA would SC.If so those disabilities should be filed as secondary to the prime disability.

Also -if you have not been discharged yet , Now is the time also to get contact info from any Buddies in your unit- who might have to prepare buddy letters for anything you claim ,that would require an eye witness account. ....to prove it happened.,,,

If you have not formally left the Mil yet-do you expect a medical discharge and if you do, do you have contact with a PEBLO?

Lots of questions I know but we need more info.....

Maybe you are seeking comp under the Gulf War Presumptives:

 

Presumptive Illnesses and Military Service

For Gulf War Veterans, VA presumes that unexplained symptoms are related to Gulf War service if a Veteran has experienced them for six months or more. The “presumptive” illness(es) must have first appeared during active duty in the Southwest Asia theater of military operations or by December 31, 2016, and be at least 10 percent disabling.

This is from the latest Gulf War info at VA

https://www.publichealth.va.gov/exposures/publications/gulf-war/gulf-war-spring-2015/gulf-war-presumptives.asp

Gulf War SE Asia benefits have been extended to 2021:

https://www.stripes.com/news/va-extends-deadline-for-seeking-gulf-war-illness-benefits-to-2021-1.434547

There is more info here on the Gulf War presumptives.

The VA article mentions the nine infectious diseases as well as the 3 prime presumptives...I did a radio show on that -available in our Podcast archives.

This extension " applies to veterans who served in Southwest Asia from 1990 to now, including ones from Operation Iraqi Freedom and Operation New Dawn."

https://www.stripes.com/news/va-extends-deadline-for-seeking-gulf-war-illness-benefits-to-2021-1.434547

More info will help us direct you better.

 

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I would file one claim as they all get put together.

Try to get your medical record and copy it before separation, it helps a lot, you are allowed to do this.

No experience with the blue button.

Your nexus would be the military medical records that show you have this condition.

Anything that you submit should be copies and it cannot hurt to support supporting medical documentation with your claim.

Good Luck

 

 

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Agree.

File everything at one time. The VA will separate out all 10 issues. Being in the service, getting sick, and having to go to the doctor just once is often enough for some to believe you are malingering. It's like you are not allowed to get sick without permission. You are on the way out, time for you to look after yourself.

VA uses Blue Button via their myhealthevet site. Not sure if it has access to service records. You should be able to go into it, select all dates, place checks in all boxes for what to pull back, and then it should give you an option to save records to a PDF file or a text file. Do both. Trust me. It comes in handy to have it in both formats.

If you needed any imaging like CT scan, x-rays, or MRI's, try to get CDs with the actual digital images from the locations. Having the radiology report in your normal medical records is one thing, but I can't tell you how many times a doc told me they wish they could look at the actual imaging itself.

Never provide the VA with original copies of medical or service records.

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19 hours ago, vetquest said:

I would file one claim as they all get put together.

Try to get your medical record and copy it before separation, it helps a lot, you are allowed to do this.

No experience with the blue button.

Your nexus would be the military medical records that show you have this condition.

Anything that you submit should be copies and it cannot hurt to support supporting medical documentation with your claim.

Good Luck

 

If my nexus is in my military medical records, do I need to attach this in an organized manner relating to each condition or will the VA figure this out themselves?

In otherwords, if I was properly diagnosed with the condition I am claiming during service within the past year (still in presumptive period), do I need to do anything extra to complete the nexus form?

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I WOULD ATTACH IT

 We can't depend on VA to get our medical records  and the ones they do get may or may not be your nexus....so to be sure....> yes attach it to your claim as evidence (make copies) if you use  us mail  always get a return signed receipt.(presumptive period or not)

Actually any thing you have to support your claim  attach it.

Although they do have the duty to assist  sometimes they either over look things or just get what records they can get!

you want your nexus to be there.  for sure.

The way I look at the adjudication of claims I look to see what they may deny me on? not enough''medical'' evidence to make a ''decision'' is the norm...so medical evidence is an absolute key to win your claims.

Edited by Buck52

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    • By weep4souls
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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".  

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