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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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23 minutes ago, Buck52 said:

I believe Alex is in court helping a 19 year  plus Veteran

glad he is in court...at this point that is a count of what? 1 suspected case?

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Not sure what you mean  but I would think  its just one out of many cases that  thre VA has on there agenda 

I am not sure if Alex got this all straighten out or not this has been a while? but if I ever get a Proposal to reduce  or get called up for a Needless C&P  I  WOULD SURE CALL ALEX FOR HELP. IF MY EMAIL TO THE VA UNDERSECTUARY DON'T HELP.

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7 minutes ago, Buck52 said:

Not sure what you mean 

it is a follow on from your other post on this topic. it is one case that you "think" is about this topic and we have no details as those would be legally protected from disclosure.

Sure if you do get a proposal to reduce, at any time, definitely seek legal help from Alex or a competent attorney.

But it is not a reason to lite your hair on fire with worry until it happens. It is not a common event. If it was a common event it would be all over the news. Instead what it is is a one-off event that occasionally happens and is strictly related the individuals specific circumstances.

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GeekySquide Quoted

''So do you really think that for shits and giggles the VA is gonna come after someone on the cusp of 20 year protection?  ''

 

Yes I do think  it or thought of it and I have for as long as I been SERVICE CONNECTED.   its been in the back of my mind for years  although I try not to let it worry me  but it is there still in the back of my mind and it will be there until I surpass the 20 year protection (why do you think they call it the 20 year protection rule?)

I THINK ALL VETERANS HAS THIS WORRY...DEPENDING ON THEIR S.C. Disability  its just a Natural thing for Veterans to worry about for 20 years.

(jmo)

 

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2 minutes ago, Buck52 said:

I THINK ALL VETERANS HAS THIS WORRY.

everyone is entitled to their opinion and that is yours. great. Mine is that the odds of any random vet nearing 20 years of getting a proposal to reduce is vanishingly small.

Worry? I wouldn't and won't. My SC is legit and unless Congress changes the Laws, there is no legal reason to reduce.... if they do try, it would just be one more blip on the path with VA. If you are legit you don't have anything to worry about. I believe you are legit. I think any worry you have comes from your view of the VA and hearing about these one-off events.

Please don't stress yourself. Worrying about it will not prevent it from happening. Worrying about it will not change what the VA is going to do. Making stressful situations for yourself is not a healthy thing.

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    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

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    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
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