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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.
Picked By
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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glenda h, -
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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 Lemuel
How do I get an IG investigation into why the VA Medical Division cannot produce the copies of OPTR that have been removed from my C&P file. At my BVA hearing, in response to the question of how to get the needed probative documents, the BVA Judge responded, "LOL, we can't even get them." The reason is itself very probably probative. Such as we were unwitting subjects in research and the researchers were too lazy to make the double original copies. West Los Angeles VA Medical Center had its Research Credential abruptly revoked in 1999. I suspect the documents I'm trying to get from 1990 and 1991 are involved. I either need the documents or the reason I can't get them. So far, even disputing the RBA at the CAVC has garnered neither and the Clerk has closed the dispute without getting his order to the Appellee filed. Something suspicious in the way I was treated by the Clerk and the VA attorney in the hearing on the subject. They claimed documents probative to the diagnosis of seizures were not relative to an increase in the TBI rating increase in appeal because there was a diagnosis of pseudo seizures. The reason the documents are needed is to prove the diagnosis of pseudo seizures is erroneous and that I was treated with a drug, Tegretol, that was expected to often make the type of seizures I have, Temporal Lobe atypical absence and complex partial seizures, worse, even often causing generalized (grand mall) seizures. PDR 1990 through the present. The warnings are more severe in the current PDR.
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By Kay2009
I have never felt I had my late husbands complete medical records. I want to see things like why did
his Simvastatin quit showing up on his medication list, the instructions, settings and how many hours to use his CPAP,
why shouldn't he take benzo's and then he was. I asked for every page, every note, etc.. C file does not have any of his medical records
in it. So, my question is, if I feel there is more information after many requests, should I use FOIA to ask for them?
Thank you for your time.
I would like to clarify that I have sent the proper forms (5X) to the facilities and gone through the Congress women.
The Congress women had them call me and the facility told me that not all Doctors take notes, so there was nothing more to see.
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By MKAH
After the denial of my PTSD claim, I received a poorly written canned form letter, hap haphazardly pointing to all the reasons for the denial. Some of the reasons were used several times in the same letter, as if it had but cut and pasted from some master document of denial reasons.
The letter contained numerous errors, eg;
No sudden request duty assignment change, lay statements from family, service members, deterioration on work performance, behavioral changes, excessive leave, changes in your performance without explanation ...bla bla bla.
Well, that's total BS, I provided detailed statements from my wife, father, mother, daughters and the Lt. Colonel of the unit I was assigned to during the assault, all detailing deterioration my work performance, behavioral changes,
I provided documentation that I applied had for and was rejected a transfer to another unit, and also applied for and was approved for terminal leave.
However, the letter did clearly state, "VA evidence shows a medical diagnosis of of PTSD, pursuant to the criteria in DSM-V."
Anyway, I thought it may be helpful to get a hold of my C-File regarding the claim to review what was actually considered rather than what the denial form letter stated. I thought by doing so, this would allow me to better address those points and any other incorrect information in the original decision that could potentially be used in developing my appeal.
I submitted the FOIA request about ten months ago, and it remains in the collection evidence stage with a completion estimated date of over a year. Interestingly, Ebenefits lists; "Requested Documents are Past Due". After contacting "Peggy, this is not actually the case and they were not missing anything regarding my FOIA request.
Is it normal for this FOIA request process take so long?
Thank you
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By Victor Ray
I have come to learn my medical evidence was withheld all my life due to "ANTICIPATION OF LITIGATION", from what I gather, and the VA used a couple FOIA EXCEPTIONS OR EXEMPTIONS in withholding them. I am asking why the VA would anticipate me suing them before I even got discharged? Just asking. Thanks
Victor Ray
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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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For your C&P exams, did you ever have answers, but not the questions? When I reviewed my old 1997 C&P exams, I found just that. One of those actually included the original blank examination worksheet (now those are DBQs), but none of the others were included.
I sent the VA an FOIA request asking for a copy of the original C&P examination worksheet for the specific body part/system. Yesterday, I received a letter from the VA saying they could not find it, but instead sent me a copy of the current DBQ. Gee, thanks for nothing.
Fortunately, I was able to find the answer to my question via archive.org. I was able to find an exam that was a couple of years newer, but all of the questions and answers lined up and made sense. I recently posted an article describing how I found those:
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