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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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flow1972

How To Know What Injury Or Event Connects Current Issues

Question

Some of you know, I'm new to all of this.  I feel like I'm trying to build a 5,000 piece puzzle with no picture or instructions to look at.  I currently have 10% SC for Tinnitus.  I have a C&P scheduled for the 18th of November for my PTSD caused by MST Claim.  I have a ton of things in my SMR's as well as CMR's that I have no idea how to connect the dots on.  Is there some "place" or "person" that assists with this stuff???  I feel lost, and I'm a Data person.

I have currently diagnosed conditions:

1. Carpal Tunnel

2. Raynaud's

3. IBS/Spastic Colon

4.  Current Gastritis 

5.  Just had my Tonsils out at 46 (yep...tonsil lesion after decades of recurrent pharyngitis/Strep/Tonsilitus)

6.  Lower back disk degeneration (been on my Xrays for years)

7.  Arthritis in hands (not RH)

8.  Cold Sores

9.  Asthma/Allergies

10.  Right Hip (Injections a few months ago)

11.  Vertigo (I believe it's Motorist Vestibular Disorientation, but the one time I asked my PCP about it, they thought it may be my allergies causing it)

I left service back in 1996.  I had just had my first child and was still recovering from the affects of Pre-Eclampsia.  ( All over my SMR's.)  No physical at Separation. I have things in my SMR's where I had Asthma as a child but no issues since early childhood (on my Entrance paperwork).  I also have an entry where they state there was a review of my Medical Records (Security Review for Above Top Secret) and "No Chronic Illnesses" or something to that affect.  I literally had 9 cases of URI/Bronchitis/Phneumonia or a related lung issue in my 5 years of service logged in my SMR's. 

There was 12 cases of Strep/Pharyngitis/Tonsillitis along with a visit for some stomach issues that went on for several weeks (pretty sure this is when my IBS started showing up), a broken 9th rib (got kicked by a horse in Germany), Left Ankle Overuse Syndrome (I don't know why it says this because I'm pretty sure that's when I got sever shin-splints in both legs), Right ankle sprain, left knee strain, left hand and wrist injury, left thigh myalgia 2nd degree strain..then I started having to be given meds for allergies/Asthma episodes again the last few years in service.  I had a ganglian cyst removed from my right hand just a little over a year after I left service...I've read there isn't a "known" true cause but arthritis can be a possible cause...

I'm just overwhelmed with what relates to what and so forth.  My Carpal Tunnel...you know they'll try to say that's 100% due to my work as a Data Analyst when the "know" hand/wrist injuries as well as job duties that require repetition also contribute...I even have a note in my SMR's about my fingers being numb while I was pregnant, but I guarantee they'll attribute that to the Edema from the Pre-E.  So.....how do you work through it all in the best way NOT to screw yourself????

Edited by flow1972

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3 minutes ago, Vync said:

 

 

I can't tell you enough how much I appreciate all of the assistance and information I've been able to pick up from this forum.  I feel like an idiot going this long and just having no clue the benefits that were actually available to me. 

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1 minute ago, flow1972 said:

I can't tell you enough how much I appreciate all of the assistance and information I've been able to pick up from this forum.  I feel like an idiot going this long and just having no clue the benefits that were actually available to me. 

I'm just glad I am able to help. I had nobody to really guide me when I started with the VA in 1995.

Don't feel like that. When we got out, they really didn't tell us anything or offer any guidance. When people leave the service today, they actually help them get everything lined up before they get out. That probably happened because too many folks like us made them aware of how they were letting us down.

 

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42 minutes ago, flow1972 said:

How on earth were they able to say the injury was "Pre-Existing" if you'd been in for 6 years with no problems!!??  That's just crazy!  How did you finally get it all straightened out, and how long did it take you?

The military was able to say it was pre-existing because they bypassed the review board required for all medical discharges, it was illegal.  It took the work of the NCOA, a retired general, the Navy Times, and a case at the Board of corrections of the Navy to get it corrected.  It took five years, without benefits before I was retired.  The good news is that it shined a light on a process that the Navy was using to bypass the system and other veterans also had their discharges re-evaluated.  Sometimes the system is rigged and all we can do is our best to correct it.

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30 minutes ago, vetquest said:

The military was able to say it was pre-existing because they bypassed the review board required for all medical discharges, it was illegal.  It took the work of the NCOA, a retired general, the Navy Times, and a case at the Board of corrections of the Navy to get it corrected.  It took five years, without benefits before I was retired.  The good news is that it shined a light on a process that the Navy was using to bypass the system and other veterans also had their discharges re-evaluated.  Sometimes the system is rigged and all we can do is our best to correct it.

Wow!  No other words for that debacle.  Completely despicable to treat our Veterans that way...

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@vetquest did you ever file for VA disability due to pre-existing/aggravation? If you did, were you given a reduced rating?

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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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