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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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bolt_vet23

Cancer linked to Agent Orange Exposure

Question

My father was diagnosed today with prostate cancer and the doctor found cancer on his kidney.  The doctor (private) said that the prostate cancer is connected to his service in Vietnam and exposure to Agent Orange.  Since the cancer was found in two locations, it makes things from a medical perspective a bit more complicated.  I believe my father has 10% disability for hearing loss…should be more for several other issues, but he was too proud to complain or be completely open with the VA doctor during the exam. 

I’ve tried to call the VA today to figure out what they can do from a medical and compensation perspective, but the main 800 number just goes in circles.  Based on my understanding of the Agent Orange process, the cancer is clearly related to Agent Orange based on the VA’s list of presumptive illnesses and no proof is required other than service records.  My question is should we just submit a fully developed claim online or schedule an appointment with his VA doctor? 

Hopefully this makes sense.  Appreciate the help.

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I am typing this on my cell phone so i apologize for any typos. 

The VA is not going to answer the call center line today because it is a federal holiday and they are not working. 

A fully developed claim denotes that you are submitting everything needed to process the claim other than federal records. 

Under CFR 38 3.309 (e), prostatectomy cancer is a presumptive condition conceded to herbicide (agent orange) exposure. Kidney cancer is not  

What I would suggest is looking through your father’s personnel file  Look through anything that would concede Vietnam service in country.  Start with his DD 214. Some DD 214s have a box that will or will not be checked that mentions service in Indochina (Vietnam.)  If not, look for what unit he was attached with; sometimes it denotes that he was in Vietnam.  If not, look at any medals he might have been awarded. Awards such as a combat infantry badge, combat medic badge, Purple Heart, bronze star with valor device, Silverstar with valor device, etc.,  will concede combat exposure which would mean that he was in Vietnam. Vietnam service medals, Vietnam campaign medals,despite the name, does not concede service in Vietnam as there are several veterans that receive those that never stepped foot in Vietnam. Failing that, look throughout his whole personnel file; if he was in Vietnam, there will more than likely be a record of him having gone there for a period of time (look for something like “RVN”.) Failing that, look through his service treatment records; dental records are more likely than medical records have stamps denoting placement in Vietnam. 

Do not send pictures of your father in Vietnam.  We can’t use those.

As far as medical evidence goes, I would send in all of your private treatment records from the the doctor that your father saw that diagnosed his prostate and kidney cancer.  It will be imperative to include medical records showing biopsy records records of each cancerous region!

If you want to get ahead of the game, have the doctor fill out the appropriate cancer DBQ for prostate cancer and bladder cancer.  If the medical evidence shows, or the examiner opened that the prostate cancer metasticized ro the kidney, he could claim the kidney cancer secondary to the prostate cancer. 

Have the examiner also examine him for any other potential secondary issues that could arise from prostate cancer ie erectile dysfunction and claim that as well.  Make sure that you have the C file as the doctor will need to say that he saw that before filling out the DBQ.  

 

Best of luck

 

 

 

Edited by dajoker12

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I hope you filed the claim.  If not, do it ASAP.  Prostate cancer is presumptive condition and it's pretty easy to file.

My husband was diagnosed in 2017 with prostate cancer ~ vietnam vet (in country with DD214 showing so).  Erectile dysfunction claim also. 

Claim filed 12/17 was granted in 2/18.  $3336.15  per month ~ it is a lot of money to not file the claim. 

My husband was like your father ~ really didn't want to file the claim.  His doctor point blank told him to do it & did all the DBQ's immediately following diagnosis.

Filed online through ebenefits.  You might have to go through VA.gov now.  Submitted DD214, DBQs, surgery papers, pathology report.

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