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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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Pockets

Are we finally being heard?

Question

https://www.armytimes.com/news/your-army/2018/12/10/retired-army-2-star-arrested-in-virginia-on-rape-incest-charges-that-were-dismissed-by-military-judge/

 

 

Whooop Whooop for Virginia..

 I believe my drill sergeant had his re-enlistment blocked for abusing his recruits but he was promoted before he retired and this article gives me inspiration for my next letter writing campaign. I believe I should be able to CUE his retirement. Especially if he admitted his wrong doing at the time!

 

I pray we see more justice for those that have been denied!!!

 

 

 

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Time will tell.  Its a balancing act.  Of course, we dont want people to go to jail when people bring false allegations, but then we dont want criminals to remain unpunished either.  

Part of it, unfortunately, is on the victim..the victim often needs some "physical evidence" beyond just their testimony.  Of course, I understand, when you are in the military its not always easy to get a "rape kit" done, or get other physical evidence verified.  I dont know the answer...the accused has a right to be "innocent until proven guilty", but the victims certainly have rights also.  

Its hard for a victim to know what to do, but it would make sense to me to provide "physical evidence" that would be consistent with the victims testimony.  

We have a similar problem often with medical records.  We have to "prove" service connection and its not always easy with VA having absolute control over our records.  One way to do this is to "hang on" to the SMR's when you get out of service.  When I exited from service, I wasnt even offered a copy of my SMR's.  I assumed the military would hang on to them.  Bad assumption.  

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Article 128, UCMJ, Aggravated Assault is modified to include strangulation and suffocation as a means to commit aggravated assault.

It doesn't go into effect until January 2019 under the NDAA FY2019. I guess until then it will fall under the guise of ignorance? 🙄

 

but yeah~ I think they are starting to listen. I

 

 

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Evidence~Absolutely 100% ! That's why I suggested we start with the Basics: Those that have admitted their crimes!  edited to say: my bad. I have two post and was thinking it was one. My suggesting may have gone unnoticed.

Some of us knew exactly what to do. Some of us were failed by our people. Some of were failed by superiors. Some of us were failed by the system.  #Someofus needed help!

 

5 hours ago, broncovet said:

Time will tell.  Its a balancing act.  Of course, we dont want people to go to jail when people bring false allegations, but then we dont want criminals to remain unpunished either.  

Part of it, unfortunately, is on the victim..the victim often needs some "physical evidence" beyond just their testimony.  Of course, I understand, when you are in the military its not always easy to get a "rape kit" done, or get other physical evidence verified.  I dont know the answer...the accused has a right to be "innocent until proven guilty", but the victims certainly have rights also.  

Its hard for a victim to know what to do, but it would make sense to me to provide "physical evidence" that would be consistent with the victims testimony.  

We have a similar problem often with medical records.  We have to "prove" service connection and its not always easy with VA having absolute control over our records.  One way to do this is to "hang on" to the SMR's when you get out of service.  When I exited from service, I wasnt even offered a copy of my SMR's.  I assumed the military would hang on to them.  Bad assumption.  

psst~ did I hashtag properly?

Edited by Pockets
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As an MST victim I don't think anyone has changed anything. I after being granted SC for MST/Depression I have been treated poorly by my Psych doctor who with a straight face asked me why I would have feared death during "my sexual encounter" with my drill instructor. I was violently raped and told multiple authority figures who did nothing. The DI got to retire and no action was ever taken. I saw a post in a forum from another one of his victims, he soon deleted it once Marines called him a liar online. I think I have suffered more mental trauma now then I did back then. 

I just would be happy if they did a investigation period, one in my case has never occurred. They need staff trained in male MST. Male mental health professionals are horrible at treating male victims. 

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On ‎12‎/‎16‎/‎2018 at 11:19 PM, mstmale said:

As an MST victim I don't think anyone has changed anything. I after being granted SC for MST/Depression I have been treated poorly by my Psych doctor who with a straight face asked me why I would have feared death during "my sexual encounter" with my drill instructor. I was violently raped and told multiple authority figures who did nothing. The DI got to retire and no action was ever taken. I saw a post in a forum from another one of his victims, he soon deleted it once Marines called him a liar online. I think I have suffered more mental trauma now then I did back then. 

I just would be happy if they did a investigation period, one in my case has never occurred. They need staff trained in male MST. Male mental health professionals are horrible at treating male victims. 

I can only assume the VA believed you enough to give service connection.  Victims are now receiving benefits for crimes that were never investigated; that's a change. I believe the MST program is a lot of lip service for men as well as women but every little bit helps and it helps some of those done wrong.

I've been denied service connection but I do know a little about military investigations.  A day or two after another drill sergeant learned about my claims against another drill sergeant, I was sent to the company commanders office and when I got there, I learned I wasn't alone. I never knew they were questioning others. 

Our company commander tried to intimidate us into silence but I was too scared to play that "pretend" and my platoon mates were too scared not to.

At Battalion, I was asked if I thought blocking his re-enlistment would be punishment. I just wanted him kept away from me. I was told If he didn't agree with his punishment than he would be given a polygraph and one of us would be court-martialed. It sounded like I'd be court-martialed if he passed his polygraph.  I never heard from them so I figured he accepted his punishment.

He says he retired with a promotion. I believe he retired wearing that drill sergeant badge but I don't know if it was before or after I received my hardship discharge.

A few years after basic training  I was picked up on base driving Darlene Krashoc's vehicle. She was found murdered earlier that morning and it took CID 23 years to talk to me. But it wasn't enough time for them to learn we were friends a few years before joining the service together.

For many years, I  thought Darlene's murder would have been solved if she was a male but I was young and didn't realize we are all being abused. male and female.  So, I'm sorry to say that I'm not sure an investigation would have helped you. But maybe the Marine would have done a better job than the Army.

Some changes are small but, hopefully, they will keep others from going through the hell you are now experiencing. Everyone that speaks out is part of the change.  You are part of the change yourself by filing for service connection and sharing your story.

 We all travel at our own pace and have different needs but I hope you continue to speak up about your mistreatment.  I wish you the best in your healing.

 

 

 

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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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