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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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SwiftSig

Ready for Decision

Question

All of the claims have been decided except two that were deferred I’ve received the notice from Service officer that they’re now ready for decision and in D-Map it looks like everything is good to go and just waiting for the final decision.

 

How often does this happen?

 

is there a quota for pushing through claims for the RVSR?

 

SwiftSig

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They try to push everything as fast as they can, but they are getting held more accountable it seems like.  I am on my first deferral so we will see how this goes. 

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RSVR's have quotas.  Their job is to delay the claim as long as possible, and they get bonus points if they succeed in losing some/all of your evidence, more if its never found again.  

Berta calls it the "MF"..the "mystery Force" that makes Veterans evidence mysterously disappear from their file.  

I call it "laziness".  Its fast.  (RSVR finds file, hits "delete" 3 times and then)  The Veterans claim has been denied as there is no evidence it hapened in service.  Done.  Next Veteran. 

THe "MF" has gotten this RSVR a point for a claim, and it took him 30 seconds, now its onto the water cooler where there is a really hot girl and the rating specialist wants to talk to her again. 

The Veteran gets at least 5 years (probably 10 or more) years added to his claim.  He first scratches his head and wonders..."But I know that WAS in my cfile..I mailed it myself????"  

So he orders a copy of his c file, which VA delays for 12 months, then naturally they include several pages of an unrelated Veterans claim in it.  

So, the Veteran receives his cfile..noticing there is stuff from another Vet in his file.  Gee what do I do with that??

So he calls his VSO, and his VSO, of course, never returns his calls.  

The Veteran decides to be nice and returns the other Veterans files to VA. 

Then he gets to read his file.  That is, after he ask several questions on hadit where someone explains you "need to get your files and see what is in there".  

So, he reads his file..and there it is..black and white..its there.  So why did the VA not read it???

Well because VA raters are illeterate, and are given a rubber stamp that says, "Claim denied..no evidence in file of this disorder in military service."  

They get paid for inputting this garbola into the computer via cut and paste.  They are required to know how to use a mouse in order to play solitarie for the other 5 hours a day to look busy doing Veterans claims.  

So, you resend the information to VA..via 38 CFR 3.156..and it arrives on a DRO (now called SCL lane).  

The SCL, naturally finally awards..but at the wrong effective date, as he "forgot" this was a reopen under 3.156 B.  

So, its back on the hamster wheel again, and again.  Repeat until the Veteran has PTSD from dealing with VA.   

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Wow Bronc! That’s a really rough time you just explained I tried to read it all in one breath but needed at least five.

 

Quota is dialysis noted. I’ll let ya know what comes of my claim I had two good exams for both deferred conditions along with in service events which C&P examiner mentioned in his report and drew a conclusion of more likely than not. So we will have to see how the caluza plays out.

 

SwiftSig

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Bronco you are dead on with this assessment of what happens.  I know one way I have really improved my claim is to take the VSO for the most part out of my claim.  I submit all the evidence now on Ebenefits so there is a digital foot print of this information.  I have found they are having a much harder time denying my claims right out the gate.  I am waiting for an RO to say oh hey I never saw that as I have screen shots for everything now.  I have not had to use it as they have not denied anything yet!?!?!

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Shrek, 

I took everything into my own hands as well with information from here and have nothing but success. No denials yet just deferred on 2 out of 14. They other 12 obtained SC.

 

SwiftSig

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  • Our picks

    • 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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