Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 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.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • 0
Sign in to follow this  
autumn

To RAMP or legacy appeal?

Question

recently one of my claims was denied and attorney is appealing it. the VA C&P agreed with the claim and attorney mentioned the denial was bogus/bs.  pretty sure that was at the DRO level. 

attorney asked me if i want to RAMP this appeal or legacy appeal.  we already waited almost 3yrs when this denial came in and likely another ~3 years when it is legacy appealed, not  on the RAMP system. my understanding is we don't lose appeal power going with RAMP, is that correct?  attorney isn't getting worse results with RAMP than say the legacy appeal way i'm told.  before i green light RAMP i want to ask, are veterans choosing the RAMP path now & finding it worth it say vs the legacy appeals?

  • Like 1

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

long posts don't bother me. it would take me a day or two to verbalize this so writing is easier.

i concur regarding your writings on VSO's. i have known quite a few goods ones and situations they face. so hats off to the good ones. with the USA finally winding down some of these insanely long "wars?" the VSOs will be even more flooded.

the lawyer aspect is a double-edged sword for me. most that i have contacted over the years wouldn't even take up my claims/appeals. some returned some really outlandish reasons too. i would think many veterans have had this happen. seems they wanted slam dunk claims that if they were that slam dunk why even get an attorney? so the ambulance moniker(sic) is a correct one. i believe the VA legal system & congress designed the legal gauntlet to just what say, towards veterans attempting due claims rewards. even following that gauntlet to the letter like most veterans do, along with evidence, claims process falls into their black hole round-robin for years. VA says its simple, a veteran doesn't require an attorney but for some its almost impossible without. and i think VA is trying to do away with veterans having the option/opportunity to make use of an attorney though i may be mistaken on that thought. and the rules VA misuses as you say, for me and others, only an attorney would be able to spot that and counter it. i don't have the ability to get educated on VA legalese and VA legal mazes. maybe if i were youger and faster but certainly not now.

and we veterans know all this and it drives us nuts, really. especially when we have legitimate claims with evidence to back them up and fill out the forms and dot all the i's correctly...and still, the VA draws one into their legal maze adding beaucoup levels of frustration. supposedly, i think its written that Title 38 document, that VA is supposed to help the veteran with their claim to some extant. they never helped me in that regard, how about anyone else?

CUE's are tricky. took me a few years to understand that world. no one would touch mine except current attorney. so attorney see's merit in it. lucky i had my mil records and claims records and had filed a claim day after i was discharged from service. so its all there, mistakes and all. but VA has and will twist it around. that is their job so to speak. and they pride themselves on beating the veteran.

>>And o ff we go chasing the wrong thing and our CUE gets denied because we argued something that wasn't even suppose d to be to point.

more reason for me having an attorney. no way do i have the current skills to fight that as it is. look around hadit[.]com and your own VA history. it becomes a full time job that takes into the years to see through. how much frustration, money, lost opportunities, etc., veterans put up with along with their families dealing with this supposedly "easy process that favors the veteran"? so called friends and relatives don't even believe many of us. sad but true

 

 

Share this post


Link to post
Share on other sites
  • 0

So true so true.😀

The only reason I know as much as I do is not because I am smart but because of places like this forum and all the great people here.

What we as veterans could really use I think is a paralegal to help us find the legal documentation.  Not so much as the legal representation (at least in the beginning).

When you get to the board stage you either have it all together for your case (like mine) or you know that you will need legal representation to help you win (like it sounds in your case).

Any vet that has any doubt whether they need legal representation should get one.  Otherwise they are setting themselves up for disaster (unless you have dumb luck like I have had at certain points).

I should say that my whole experience has been one of learning, good and bad.  Learning tricks the VA pulls, like they did with the first denial of my CUE.  The denied it based on a totally different reason than what the CUE was about.  I remember reading about that somewhere that bait and switch game and don't get suckered into it.  If they are denying you for something else other than what you specified call them on it.

Unfortunately many vets get snookered with trick and loose their whole CUE because everything got indistinguishable and mixed up.

Share this post


Link to post
Share on other sites
  • 0

Well, my soap opera continues...

They denied me again...

Time to start contacting my representative and possibly Mr. Spechler's office (not that they can do much but enough squeaks might just get noticed).

Share this post


Link to post
Share on other sites
  • 0
On 3/7/2019 at 3:24 PM, OldJoe said:

So true so true.😀

The only reason I know as much as I do is not because I am smart but because of places like this forum and all the great people here.

What we as veterans could really use I think is a paralegal to help us find the legal documentation.  Not so much as the legal representation (at least in the beginning).

When you get to the board stage you either have it all together for your case (like mine) or you know that you will need legal representation to help you win (like it sounds in your case).

Any vet that has any doubt whether they need legal representation should get one.  Otherwise they are setting themselves up for disaster (unless you have dumb luck like I have had at certain points).

I should say that my whole experience has been one of learning, good and bad.  Learning tricks the VA pulls, like they did with the first denial of my CUE.  The denied it based on a totally different reason than what the CUE was about.  I remember reading about that somewhere that bait and switch game and don't get suckered into it.  If they are denying you for something else other than what you specified call them on it.

Unfortunately many vets get snookered with trick and loose their whole CUE because everything got indistinguishable and mixed up.

this learning you/we speak of, takes years. almost like a college stint or part-time/full-time job. may be some folks can get right the first try but for most i don't think so. otherwise no need for a hadit or vawatchdog sites. or the numerous so called veteran legal services out there.

for me and my hard knocks of trying over the years, i ended up with legal help. the current one is really good. but i've spent/wasted time on others i had to let go. like many other veterans.

>>Unfortunately many vets get snookered with trick and loose their whole CUE because everything got indistinguishable and mixed up.

absolutely.  so odd but congress and VA like keep passing things telling us how things will be simpler, but it never happens.  the VA took a play out of the dare i say it, the fed playbook,  its a rigged system all about $. thus, it's not about the veteran at all. they let some $$ trickle out to appease but that seems more like a smoke screen. 

Share this post


Link to post
Share on other sites
  • 0
On 3/11/2019 at 8:16 AM, OldJoe said:

Well, my soap opera continues...

They denied me again...

Time to start contacting my representative and possibly Mr. Spechler's office (not that they can do much but enough squeaks might just get noticed).

sorry bud, really. empathy abounds on this site though. doesn't help the sinking feeling much i know.

it is a good idea to contact your rep and get that paper trail in existence. sometimes it does help too. all one has to do is watch congressional hearings over the last few decades and see there isn't much any of them can or will do about the average joe & sue citizen in America anymore. unless they have a political bent to grind with you and of course then you're screwed. humor aside, i think it good to notify them anyways. it does show up in the paperwork of hearings and decisions...i can only speak for myself, i have seen them in mine.

hang in there and as others always say here, don't give up and keep fighting.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Yes 

      After a PTSD/Unspecific MDD Diagnose From the VA Dr's

      The gold standard for diagnosing PTSD is a structured clinical interview such as the Clinician-Administered PTSD Scale (CAPS-5). When necessary, the PCL-5 can be scored to provide a provisional PTSD DSM 5 diagnosis.

      Any clinical clinician such as MD ,Psychiatrist even a L.C.S.W. (Certified)can perform the Diagnostics Evaluation Employed by the the VA

      ...They just need to figure out your symptoms and put together a list of your symptom's that you possess or show from the evaluation...I am not 100% Sure just how they do this ?

      being I am not a Dr or clinical clinician 

      Once a Diagnoses of PTSD is given they try to set you up with a Therapist to help with your New dx And how to adjust or cope with the Anxiety and Depression the PTSD can cause.

        you learn the tools to cope with and depending how severe your symptoms are ? 

       They test /screen you with phychoeducational type therapy treatment usually at first.

       Warning  some of this therapy can be very rough on a Veteran  from holding on to guilt  from the trauma its self or you maybe in a  ''stuck point''from memories and guilt or from the stressor's or anything that reminds you of the trauma you endured.

      The therapy works  even if we think it don't,  I recommend Therapy for all PTSD Veterans  it could very well save your life once the correct therapy is in place and the Veteran makes all his Clinical Appointments.

      I still have Combat PTSD it probably will never be cured completely but we can learn the tools it takes to cope with this horrible diseases 

      even learning breathing techniques  Helps tremendously during a panic attact.

      I have guilt from the war in Vietnam  ( I ask my self what could I have done to make a better outcome/difference?..and also I am in what the therapist calls stuck points. working on that at present once a week for 90 minutes.  I am very fortunate to have the help the VA gives me and I am lucky I have not turned to alcohol or drugs to mask my problem.

      But I have put my family through a living hell with my angers of burst.and they all stood by me the whole time years and years of my family life was disrupted because of me and my children &spouse  never deserved it one bit.

      That's all I want to say about that.

      At least I am still around. and plan to be tell my old age dying day.
    • No timeframe gotta love that answer it’s even better when you ask 1800 people or call the board directly they’ll say you’ll know sooner then later. I had mine advanced and it was about 2 months later until I had the decision in my hand which seems forever but in the present system in 2016 lightning fast...
        • Thanks
    • I am serviced connected for ankylosing spondylitis back in 1985. I had a C&P exam on 7-7-19 since I am asking for an increase in my cervical, thoracic, and lumbosacral ratings. After speaking with the DAV to find out progress and info on my exam, the Rep. noted sort of what I expected. Radiculopathy was noted and ROM was 0-15 for cervical, and 0-25 for back. I am currently rated as Cervical 30%, Thoracic 10%, and Lumbosacral 40%. The main question that I have is relating to the thoracic 10% and lumbosacral 40%. I am confused on these two. Is Lumbosacral separate from the thoracic/others ? Since my back ROM is at 0-25, does this mean that my thoracic might increase from the 10% to a higher rating ? I am confused how they break down my ratings from cervical at 30%, Thoracic at 10%, and Lumbosacral at 40%. Also, with the radiculopathy, is this something that they will rate also ? I am currently at 90% total combined for all my disabilities. I hope this helps for someone to give me advice/answers.
      • 4 replies
    • Thank you @GeekySquid for your reply. 

       

      I have redacted personal information for my documents listed below. 

      I look forward to your reply. 

      HEADACHE STR 2006 copy_Redacted.pdf

      HEADACHE-DBQ.pdf

      Pages from Original Denial-Grant Reasons_Redacted.pdf
    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 14 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines