John48 0
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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
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?
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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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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Post in Ready to be rated
Hucast21 posted an answer to a question,
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.
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Hucast21, -
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Post in NOD QUESTION
Galen Rogers posted an answer to a question,
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.
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Galen Rogers, -
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Post in I faxed my TDIU to the VA form this morning
broncovet posted an answer to a question,
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!
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retiredat44, -
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Post in CUE
glenda h posted an answer to a question,
"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".
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Post in Not Recommended: Bosley & Bratch
Tbird posted a post in a topic,
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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Jamezam, -
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By WomanMarine
I have had heart troubles all my adult life.
Up until last year I had no idea I had Ischemic heart disease. I had a CABG in August. It failed in December when I had to have 8 stents and a week later another stent AFTER a heart attack. I filed for Agent Orange connection, as that is what I believe has caused this, and this is the comment I gleaned from MHV:
"Per VAVBA/CO/211/AGENT ORANGE 1/9/2020:
DoD HAS NOT identified any location on El Toro Marine Corps Air Station,California, where Agent Orange was used, tested, stored, or transported. Therefore, Compensation Service can provide no evidence to support the claim."
El Toro was shut down by the EPA in 1990 because of contamination!
FAMILY HISTORY: Father died at age 56, congenital coronary artery disease. (I don't believe this to be true, as he had a stroke and I 'think' that is different)
Left Ventricle: The left ventricle was not enlarged. There are no
wall motion abnormalities. The ejection fraction is 55%.
8/12/2019 ECHO
Conclusion:
1. Normal left ventricular systolic function. Moderate conecntric
left ventricular hypertrophy. Ejection fraction is visually
estimated at 60%. Mild hypokinesis of inferior wall.
Date of interview-based METs test: 2/6/2020
Symptoms during activity:
The METs level checked below reflects the lowest activity level at
which the Veteran reports any of the following symptoms attributable
to a cardiac condition (check all symptoms that the Veteran reports
at the indicated METs level of activity):
[X] Dyspnea
[X] Fatigue
[X] Angina
[X] Dizziness
Results of interview-based METs test
METs level on most recent interview-based METs test:
[X] (1-3 METs) This METs level has been found to be consistent
with activities such as eating, dressing, taking" ... ETC.
###
So, it appears, they are not going to SC my heart because of AO. BUT they gave me a low METS ...
I am now 90% P&T will this add to the score since it is not SC?
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By Daughter with Chloracne
My father served in Vietnam 1969-1975, he was exposed to Agent Orange when it was sprayed to knock the jungle down-he reported the outbreak of Chloracne to the doctors at the VA, he got it on his back-most of his back. He had my first older sister who got it on her face, back and arms. My second oldest sister only got it on her chin. My identical twin and I got it really BAD, we had it on our face, backs, necks, chests, behind our ears, sometimes in our groin too-we had to take a 9 month course of Accutane back in 1994-1995. It cleared until we had our kids, mine came back with a vengeance so bad I had to get back on Accutane (generic version) just a few years ago, on for 6 months-off for 2, back on for 6 months. I have been sickly most of my life. My bones have always hurt, but it is much worse now, began getting really bad when I was 30, I have lesions in my brain, degenerating disc disease, peripheral neuropathy, arthritis all over my body, and many other issues-my daughter was born with a premature fusion in her skull and had to have skull surgery to save her life-is there help for kids of vets or grandkids? My father was denied by the VA back in the 80s when he attempted to get help, it wasn't as bad for him as it's been for me and my twin-I'm terrified my kids are going to get this terrible skin condition, for years between the ages of 12-15 I prayed every night I would die in my sleep-the sores on our backs were EXCRUCIATING, I have pictures of then and pictures of now-no dermatologist has seen anything like it. The Accutane has given me it's own side effects, it has encouraged the extreme pain all over my body to hurt more, my joints to ache sharper, my eyes hurt so much...please please say there is help for us-if not, please tell me how to set it up so we can get help. Daddy is in his 70s now, he won't live forever, he deserves the benefits so many others deserve and have NOT gotten, I am trying to help him, and we are also paying for is exposure to this toxic chemical, I cannot believe how forgotten our veterans are about this, I have suffered over 25 years because of that extreme acne...any tips or advice would be much appreciated. I pray this isn't a repeat, but if it is, I do apologize. Thank you for letting me be part of your community, I think what you're doing to help each other is so very awesome. God Bless.
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By jamescripps2
This WRDW News Investigates broadcast was aired on the 6:00 & 10:00 news in Augusta Ga. on 9/25/2019. This is the first of a series, more will follow.
This link will work, click on the link, when page not found comes up, look five stories down on the right side of the screen and click on
I TEAM INVESTIGATES OFF SPRINGS. If you have trouble, see my next post in this thread.
https://www.wrdw.com/content/news/I-TEAM-Could-the-children-of-those-exposed-to-Agent-Orange-at-Fort-Gordon-als
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By Ledeaux
I’m helping my MIL who refuses to call but once a month or so to check on her deceased vet husbands claim. She keeps getting conflicting information. She was told in June her claim packet would come in July and that he was going to be paid out on at least 5 claims dating back from Vietnam. He was exposed to Agent orange and ultimately passed 4 years ago from complications. He’s been fighting for this for almost 15 years. In July she was told her claim was in Demand to Pay status. Still nothing. We’ve searched all over the web and found no information about what this status means. Anyone heard of it?
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Post in Ready to be rated
Hucast21 posted an answer to a question,
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.
Picked By
Hucast21, -
-
Post in NOD QUESTION
Galen Rogers posted an answer to a question,
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.
Picked By
Galen Rogers, -
-
Post in I faxed my TDIU to the VA form this morning
broncovet posted an answer to a question,
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!
Picked By
retiredat44, -
-
Post in CUE
glenda h posted an answer to a question,
"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".
Picked By
glenda h, -
-
Post in Not Recommended: Bosley & Bratch
Tbird posted a post in a topic,
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
Picked By
Jamezam, -
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On Appeal Remand: Sleep apnea, Vascular Disease, Sciatic Nerve Paralysis, Cerebral sinus Thrombosis and amputation of right leg, below the knee. After 4 failed bypass procedures on my LEFT leg, my vascular doctors-VA and Civilian, have told me that amputation of my remaining {LEFT} leg is imminent! It will happen once the blood flow to my leg becomes so reduced that I will no longer be able to withstand the pain and/or when my leg literally begins to die which will lead to gangrene and possibly sepsis. CLOSED and GRANTED: Anxiety disorder. {50% rating} DENIED: Traumatic cataract, Coronary Artery Disease, Arterial Aneurysm, Penile Deformity and DIABETES II, of all things!! And for some reason, they put on finger amputation which I NEVER claimed--I have all of my fingers! I worked on Naha port loading and unloading ships with AGENT ORANGE and MANY other barrels that were leaking or broken open. In addition, I visited Kadena AFB frequently. I remember the names of 2 of the ships I regularly unloaded--One was the Comet, and the other was the Trans Global. There were others that I can't recall, and I have not found any info as far as cargo with the 2 I do remember. I am hoping that other Vets that were there can send me letters to verify that's what happened everyday, and I will do the same for them! I can not believe that the VA will not will not say that Agent Orange, and multiple other chemical barrels were on Okinawa. I SAW them. I unloaded them--I worked in clothes all day long that were soaked in these chemicals, and I truly have HAD IT! John48 ** Here is a brief list of my medical conditions: DIABETES MELLITUS TYPE II; 5 HEART ATTACKS--the first was in the late 80's; SKIN CANCER--not yet claimed as I only found out from a VA dermatologist about 3 years ago; 4 STROKES--the first 2 happened in the mid-late '80's, when I was age 40-41,still active duty stateside. The last 2 happened in November 2016, one on November 1, the other one on November 16 while I was in the hospital for the stroke that happened 2 weeks earlier. These strokes have greatly damaged my short-term memory; OPEN-HEART CARDIAC BYPASS SURGERY--2008; 21+ STENTS in my heart, legs, and right arm; COUNTLESS ANGIOGRAMS AND ANGIOPLASTIES; NEOPLASMS being removed from my face/back; PERIPHREAL NEUROPATHY-FINGERS/TOES. * I have left some things out, but what I listed gives everyone an idea. Like ALL of my Brothers and Sisters, I dedicated my life to serve my country. For me, it was 23 years in the Army. I do not want pity; I want JUSTICE for all of us! I have been fighting to get my benefits for 10 years, with ZERO assistance from the VA. * In addition to all of this, my wife and I may be homeless in 2 months as a result of Hurricane Irma in 2017, and a verbal contract that was broken by our mortgage servicer. Some days we just feel like giving up.
Edited by John48added info.
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