How to determine the status of my claim

[namvet66]

My name is Gregory John Kleven (Not Jr. as on my VA medical ID) and I am a veteran currently rated at 90 disabled. In August of 2016 I asked VVA vet case worker to help me file a claim for 100% disability. He recommended that I file a claim asking for 100% disability based on "100% unemployable". So that is what we did. It's now been almost two years and I have no idea as to the status of my claim. I did all the required medical tests that the VA wanted yet they say I didn't cooperate with their medical investigation. I live in Viet Nam so I know it's hard for the VA to communicate overseas but they are also supposed to notify my vet rep in writing of any changes in my case. So even if I am out of the country my rep should have known. He tells me he doesn't know the status of my claim as he has heard nothing from the VA. My last contact with the VA was a document from them sent in September 2017. It was exactly the same as a document they had sent to me in June of 2017. They just changed some dates on it. The US Consulate here in Ho Chi Minh City have all the documents related to my medicals tests done here and the documents showing that they were sent and received by the VA. I would appreciate any help that you could provide and I can provide you with more information to prove to you who I am. If my case has been denied then I want to file a new claim.

[Berta]

Closed my ass-

The thread I linked to became an argument over established VA case law and regulations and a ridiculous idea about mega retro- not possible or realistic ,based on what you stated here.

I am not here to argue over Nehmer. I have been involved in the AO situation since 1991 and long before my husband and I ever had a dog in the fight.

My Footnote one email was from the head AO Nehmer lawyer at NVLSP.

You discredited me and NVLSP by not even reading it.

 Someone gave his daughter some false idea about Mega Retro-maybe it was you.

Whoever did that- hope she doesn't have documentation in email or Facebook-on it-  she could possibly sue them.

I will take a nice long break from hadit- as to replying to anyone and let you handle the claims questions here. ... You will learn more that way... 

Others however will continue to correct you if you are wrong.

And I suggest you purchase the VBM from NVLSP. 

 

 

 

 

 

[Buck52]

Ms Berta please stop looking at the bad in people or mistakes they make  especially me.

  I don't claim to be a top  Adjudicator like you are  and I mean that respectively.

  I do the best I can  and if I am wrong I admit it.

and here on Hadit when we are wrong about some thing it will be corrected   but some times things are miss read out of its context or what it was meant to be.

   a mistake?  yes obviously,   but you just keep on on and on about ridiculing  and it needs to stop Please!

You are highly intelligent in helping Adjudicate these claims and you know VA  Case Law Very Well  and  your well respected here on Hadit and you have been for a lot of years Here on Hadit & Every Hadit Memeber Knows this.

so please let this pass   its over as for as I am concerned. 

[Paz]

I have been lurking on the site and it has been VERY helpful. Thank you.

May my first and maybe last post be:

I very respectfully ask Berta and Buck 52 to please stop the bickering.

Many Vets need help and guidance. Let us focus on that priority, PLEASE.

 

[Buck52]

I agree with you Paz and I certainly apologize for this.

I tried to put this to rest and close this post out.

  As you can see the unprofessional manners Ms Berta has  by mentioning  ''CLOSED my ass''

Everyone here seems to be afraid to stand up to Berta  I am not afraid to, I  defend myself agianst anyone when being dis credited or disrespected as a Hadit Member.

I do respect her with her knowledge about the VA Claims process and the VA CFR's & VA Case Law the whole 9 yards she is the best you can get. Her years of expertise goes un-matched to anyone.  (jmo)

I love Ms Berta with all my heart and what she does I totally respect & honor that...that is all I can say.

 My philosophy is this,  if we can't Agree  then we need to Agree to Disagree in a Professional manner  or just hit that Ignore button.

Edited August 29, 2018 by Buck52

[broncovet]

Kanewanut posted:

Quote

 No where does it say you need a doctor's letter or a Voc Rehab letter. The M21-1 examples do not show this either. I just want to know where this comes from.

This is because there are 2 types of evidence (in regards to Veterans claims):  

1.  Lay evidence 

2.  Medical evidence.  A doctors letter, or voc rehab letter, are "medical evidence".  

     The courts distinguish lay evidence  and medical evidence.  "Lay evidence" would be something like, 

"I served with Joe Veteran and saw him fall off a truck injuring his head, and he was carted off in an ambulance".  

    The above lay stament may suffice to render evidence for "an event in service".  But this person could not provide a diagnosis, nor could he provide a nexus statement.  In other words this Veterans opinion, that the buddy had diagnosed the vEteran with TBI, and it was at least as likely as not that his ptsd was caused by this event.  Only a  person competent to diagnose and treat TBI is qualified to make such a statement, and a Veteran is not qualified to do that, unless he has applicable medical professional expericene and training.   

     In short, a Veteran may provide "lay evidence", and it will be accepted, at the BVA's discretion, if they consider it consistent with other facts known.  But the Veteran can not diagnose his own injuries, and he can not provide his own nexus.  Lay statements..yes,  medical evidence, no.  

     In the case of tdiu, a Veteran is competent to describe he has not worked at a job since 2005.  But, he is not competent to opine that the reason he has not worked is due to "service connected" conditons.  A doctor, or sometimes a trained voc rehab specialist, however, can render these opinions.  This is established case law, and feel free to look up the cases yourself.  I have read them but not memorized them.  

[Tbird]

enough, let it go. move on from it, put each other on your ignore list if need be. you are both honest, sincere folks trying to help veterans, working freely to help others. I thank you both, but please lets not have fights break out in threads that draws attention away from the members posts.