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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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paulcolrain

DONT BE FOOLED BY NO NEXUS!

Question

NO PRE SERVICE PROBLEMS... THEN ENLISTMENT EXAM PASSES WITHOUT A PROBLEM..... THEN IN SERVICE PROBLEM..... THAT IN ITSELF CREATES A NEXUS.... DONT BE FOOLED THAT IT DOESNT.... BY DEFINITION IF YOU HAD ALL EXAMS PRIOR TO SERVICE THEN YOU HAVE A PROBLEM THAT IN IT SELF IS A NEXUS BETWEEN .... DONT GIVE UP AND FIGHT IT..... IF NO ONE CAN SAY ITS BEFORE THAN YOU HAVE WIN AT BVA AND CVAC. DONT LISTEN TO VSO JUST GO ALL THE WAY TO COURT. THE CVAC HAS STATED TIME AND TIME AGAIN THAT THE GOVERNMENT HAS TO PROVE THAT NO PROBLEM WAS AGGRAVATED DURING SERVICE. NOT THAT IT WAS CREATED B4 OR AFTER BUT THAT THE GOV HAS TO PROVE NO INCREASE DURING.. THAT IN ITSELF IS THE NEXUS WHEN THEY BOTH AGREE THAT A PROBLEM EXISTS AND IT WAS EXISTING IN SERVICE.

 

Edited by paulcolrain
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Great point!  Never give up.

 

 

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I "somewhat" agree with Paul, especially if you file for benefits in the first year after exit from service.  You are given a "presumptive"..if you did not have it prior to service, and you do after service, then the presumption is you got it from service.  

However, it starts to "fall off" after a year of exit from service.  You really do need a nexus, in no small part because activities after your military service could have caused your maladies.  For example, a post service auto accident could have caused your issues.  

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On 8/4/2018 at 2:06 PM, Holllie Greene said:

You make an excellent point about how illness/injuries did not exist before service...if illness/injuries did in fact exist we would not have been accepted into our respective branches of service in the first place.

This is correct to a certain degree. Another option for SC is "aggravation due to service". Some veterans had some preexisting conditions prior to joining the service. The entrance exam is supposed to evaluate them and determine if they would be a barrier to service. Some conditions may be acceptable, such as eyeglasses, acne, etc... When the veteran gets out and files a claim for the preexisting conditions which got worse during service, the VA is supposed to look for objective medical evidence and the entrance exam to determine a pre-service level of disability based on the rating criteria. They would then deduct that from the awarded rating percentage. If the entrance exam was silent, they are supposed to deem the pre-service level as 0%, but it doesn't always happen. Of course, having a nexus is still a really good idea.

 

25 minutes ago, broncovet said:

I "somewhat" agree with Paul, especially if you file for benefits in the first year after exit from service.  You are given a "presumptive"..if you did not have it prior to service, and you do after service, then the presumption is you got it from service. 

For some veterans, especially prior to 2000, the VA liked to deny unless the disability was diagnosed as "chronic" while in the service.

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5 hours ago, Vync said:

For some veterans, especially prior to 2000, the VA liked to deny unless the disability was diagnosed as "chronic" while in the service.

My SMR's had "chronic" listed 40 times with the back and 6 times with the neck. Below is what I was granted -

WE CANNOT GRANT YOUR CLAIM FOR DISABILI TY
VA FORM
( RO COPY)
DECEMBER 23, 1985 
BENEFITS,
THE DISABILITY LISTED BELOW IS SERVICE CONNECTED BUT IS LESS THAN 10% DISABLING AND COMPENSATION IS NOT PAYABLE,,
BACK STRAIN
THERE IS ENTITLEMENT TO NECESSARY TREATMENT BY THE VA FOR ANY
SERVI CE* * CONNECTED DISABILITY. APPLICATION FOR NECESSARY
MENT SHOULD BE MADE AT THE NEAREST VA OFFICE, OUTPATI ENT
OR HOSPI TAL, , BRI NG THIS LETTER IF APPLYING IN PERSON. IF APPLYI NG BY LETTERS PLEASE I NCLUDE THE VA FI LE NUMBER SHOWN ABOVE, ,
THE EVIDENCE DOES NOT ESTABLISH SERVICE CONNECTION FOR THE FOLLOWI NG*
SHOULDER CONDITION, LEFT
CONDITION OF THE SKELETAL SYSTEM

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Hi,

I read your post three times (paulcolrain) and it makes sense, it is logical to me.  You make an excellent point about how illness/injuries did not exist before service...if illness/injuries did in fact exist we would not have been accepted into our respective branches of service in the first place.

Now after service we have to battle again with an agency that is supposed to help.  Crazy situation.

Never Give Up.  Never Give Up.  Never Give Up.

Edited by Holllie Greene
typo
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  • Similar Content

    • 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".  

      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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