Jump to content








Most Liked Content


#360370 100% Rating - How I Did It!

Posted by ping jockey on 17 January 2015 - 06:28 PM

Greetings:

 

I am grateful that one afternoon a few years ago, I Googled "I've had it with the VA".  That simple "search" born out of utter frustration led me to "Hadit".  And there it all started!

 

As of two weeks ago, I'm rated 100% (long overdue).  And, I am still NOT done with the VA.

 

For those looking to do there own research I offer this process:

 

  1. Obtain your Military Service and Medical Records by mailing (certified, return receipt requested) an SF-180, found here: http://www.archives....d-form-180.html
  2. Obtain your full VA treatment records from the "release of information" window at the center you receive treatment at.
  3. Review the CD-rom (PDF file) for all CHRONIC medical conditions, treatments, and diagnosis - chronocity is critical!
  4. Identify the incident, event, or situation in service that "caused" this condition.  If it's in your active duty medical records that's extremely valuable. If it manifest after service you'll need to find a way to "connect" it to service - the "nexus".
  5. Next search USC 38 part 4 for your CHRONIC DIAGNOSIS, found here: http://www.ecfr.gov/...:1.0.1.1.5#_top
  6. Match up the conditions and rating percetnage to the CHRONIC diagosis in your medical records.
  7. Review the DBQ the C&P examiner "must" use to rate your current condition, found here: http://www.benefits....DBQFormName.asp
  8. Search for VA court cases on your condition(s) to understand how the VA Regional Offices is likey to "rule and rate" on your claim.  HINT, the cases tell you what evidence actually supports a claim.
  9. For example, here's a search for Sleep Apnea secondary to chronic Sinuitis: https://www.google.c...ronic sinusitis
  10. Look for evidence in these cases that would support your claim, and THEN match and find your evidence - NEVER, EVER lie!
  11. Gather all your evidence, write up a Statement in Support of Claim, found here: https://www.google.c...onic sinusitisand mail it certified return receipt requested
  12. NUMBER every single page, make copies, and wait.
  13. Make someone sign for your mailed packaged - VA has NEVER lost my packages!
  14. Before you go to a C&P review your evidence and especially the questions the Dr. is going to ask from the DBQ.  I usually hand write a list of the 6-7 items that supports my claim.  I make sure the examiner see this.  I'm so done with the VA, I walked into to my last C&P with my 4" binder and the Dr. undersood I knew what is going on.  A C&P exam is a LEGAL MEEETING, not medical treatment.

I submitted my last three claims in July and they were fully decided correctly in six months.  Help the VA help YOU!

 

And, most importantly, never, never, never, ever give up.  Be relentless!

 

Most grateful,

PJ :smile:

 

 

I got a request to see how I wrote Claims, so here they are:

 

  1. Hearing loss, Peripheral Vestibular Discorder, and Tinnunitis.
  2. Digestive disorder.
  3. Skin disorder.
  4. VA's 2015 Decision on these three Claims.

 

 


  • Tbird, USMC_HVEQ, Notorious Kelly and 11 others like this


#358923 100% P&t

Posted by Philgrenier on 05 January 2015 - 01:30 AM

Last August I talked to a legal firm who made me a lot of promises. I was at 90% and they informed me they would represent me and I'd be able to easily get 100%.

It sounded good so I went along. They filed increases for everyone of my claims. I took the C&Ps only a couple of months later. I thought this was a pretty aggressive move because it put me in a position where I could easily be reduced, but they were attorneys and I assumed they knew what they were doing.

I was denied on everything and was set up for a new reduction hearing for November 01, 2016. "No biggy", I thought to myself.

I then spent the next couple of weeks trying to contact my case manager at the firm but she was never in and I wasn't being called back. By this time I was a little worried. I finally got fed up and gave the receptionist a false name, saying I was interested in talking to an attorney. I got through. I demanded a reason for her office not calling me back. Her only response was "At this time we feel like your claim is not winnable so we cannot represent you", and hung up before I could even speak.

I was livid. I couldn't believe my ears. I felt betrayed and defeated, then I came here. I started reading thread after thread after tread. Talking, asking questions, basically picking the brains of the people who have fought these battles and won. My feelings of defeat transformed into something else. If I could describe it I suppose obsessive determination would be pretty close to it.

I filed 4 NODS written by myself from information found on this site. I won everyone of them without question. Now only two months later, I am 100% P&T.

Be your own advocate. Don't let people tell you that something is not winnable. Trust that their are good people in this world who can help you. Trust in hadit.com!
  • Pete53, Jim MAC, Stretch and 9 others like this


#363310 Allison Hickey Email To The Va Employees

Posted by Closure on 11 February 2015 - 05:33 PM

Just passing on this info...


ALLISON HICKEY EMAIL TO VA EMPLOYEES

VBA Colleagues and Partners,

There is no particular reason for this email today no anniversary event, no service birthday, no major milestone just a few thoughts to share. I have missed sending you more frequent notes. Some of you might have wondered where I went the last 2 months or so except for Marines in our midst who clearly saw their Birthday message and responded in force to me!

Frankly, I have been talking to our Veterans many who have sent me emails. I cant tell you how many emails I now get and personally write everyday but you are helping me answer their questions by your actions across the nation. Many of you are completing claims for them that have been waiting some time now. Thematically, their questions are about the status of their appeals, their dependency claims and even their health care concerns. I probably do well over 3-4 hours of emails with Veterans every day (many at night and on the weekends as well.) In fact, there are so many email communications going back and forth that some have asked how we sustain this level of engagement with our Veterans. Then I remember

That is why we are here to take care of them to answer their questions and concerns. It is our whole reason for being. Its the reason we have a job, a passion to serve, a sense of purpose, a roof over our heads and food on the table we have a job to do and they are the ones we do it for every day.

Each of us has the blessing to do this humble mission. Without the needs and questions from our Veterans, their families and Survivors we have no reason for our existence. They define our very reason for being. The extra patience, kindness and transparency we can show no matter how many times they land in our email box or phone or claims receipts make all the difference in their experience and thoughts about us and the honorable mission we serve.

Every interaction you have with a Veteran, their family or Survivor is an opportunity for us to show our kindness, appreciation, and understanding that they are the reason we do this mission. I ask you humbly, please do it well. If you are meeting with a Veteran, talking on the phone, or emailing be at your kindest and most compassionate self. Understand that sometimes they are frustrated (and often rightly so) and they need to be heard. I was reminded this week that we have one mouth and two ears for a reason we are designed to hear more than we say. Lets hear them and respond in healing ways.

Thank you for all the times you are so very kind, compassionate and professional with our Veterans, their families and Survivors.

Proud to be your USB
Allison
  • free_spirit_etc, LIL-ROB, Vync and 8 others like this


#364514 Dont Let Va "develop To Deny".

Posted by broncovet on 21 February 2015 - 02:53 PM

The VA is not supposed to "develop to deny", and Veterans attorney Chris Attig suggests including this language in your appeal:

 

.a VA Nurse offers an opinion on the cause of a complex motor neuron disease she's never heard of...

 

...an Internist with generalized experience writes an opinion on the causation of a cancer

 

...VA Docs support naked conclusions with NO medical evidence

 

...VA docs use exams to Develop the Claim to Deny it (an illegal practice).

 

This is more than a one off problem....junk science has invaded the Veterans Benefits System.

 

The Court and the BVA haven't made any efforts to delineate what is - and what is not - acceptable and reliable medical expert evidence

 

But YOU can help bring this issue into the limelight...

 

 

ALWAYS include THIS language in any Notice of Disagreement or VA 9 where the VA relied on an inadequate Comp and Pen Exam.

 

end Chris Attig quote. 

http://www.attiglawf...EVERY Appeal...

 

more from Chris Attig:

 

Using this language, ALWAYS challenge the adequacy of the examiner's credentials at the NOD and VA Form 9 stages:

 The Code of Federal Regulations requires that to be competent, a medical opinion must be "provided by a person who is qualified through education, training or experience" to offer one. 38 C.F.R. § 3.159(a)(1).  Competency requires some nexus between qualification and opinion. Dep't. of Veterans Affairs Proposed Rules, 66 FR 17834-01, 17835 (Apr. 4, 2001) (citing Espiritu v. Derwinski, 2 Vet. App. 492 (1992) (stating that "opinions of witnesses skilled in that particular science, art or trade to which the question relates are admissible in evidence"), overruled on other grounds by King v. Shinseki, 700 F.3d 1339, 1345 (Fed. Cir. 2012)).

However, the VA Benefits from a presumption that it has properly chosen a person who is qualified to provide a medical opinion in a particular case. Sickels v. Shinseki,  643 F3d 1362, 1366 (Fed. Cir. 2011).  Even though the law presumes the VA has selected a qualified person, the presumption is rebuttable. See Bastien v. Shinseki, 599 F.3d 1301, 1307 (Fed. Cir. 2010) (explaining that a veteran challenging the qualifications of a VA-selected physician must set forth specific reasons why the veteran believes the expert is not qualified to give a competent opinion).

Given that one part of the presumption of regularity is that the person selected by the VA is qualified by training, education, or experience in the particular field, the presumption can be overcome by showing the lack of those presumed qualifications.

I hereby request that a copy of the C&P Doc’s resume, CV, list of publications, list of specialties, etc., such that his/her experience and qualifications may be examined, reviewed, questioned, and/or challenged. I specifically request that any and all information stored in VetPort - or any other system of records - that pertains to the Examiners' credentialing as a medical professional since the Examiner's date of first employment and/or association with the VA - be included in my C-File and specifically examined by the BVA and CAVC to determine the adequacy of the Examiner's so-called expertise.  38 U.S.C. 7402; 38 CFR Part 46;VHA Handbook 1100.19; VA Handbook 5005, Part II, Chapter 3; VHA DIRECTIVE 2012-030.

Furthermore, I object to the following aspects of the VA Examiner's opinion:

a) The lack of  support in the opinion with scientific, technical or other specialized knowledge, and how it relates to the conclusion being sought
 
b) The lack of  facts, tests, or data on which to base the opinion.
 
c) The lack of evidence demonstrating the Examiner's conclusion is the product of reliable principles and methods
 
d) The Examiner's failure to reliably applied medical, scientific, and or forensic principles and methods to the facts of the case.
 

By challenging the adequacy of the exam and directing the VA to include that information in your appeal, the BVA cannot overlook that evidence without forcing a remand.  

By failing to get information that allows you to participate in your appeal, the BVA cannot fail to collect it without violating the Duty to Assist and - I would argue - violating Constitutional Due Process.


  • free_spirit_etc, Vync, georgiapapa and 6 others like this


#368900 "honorary" Veteran

Posted by broncovet on 29 March 2015 - 06:12 AM

This is mostly for Berta.  Berta posted:

 

This is my opinion on the new Secretary ,as a civilian (widow of 2 disabled vets and mother of a veteran)

so it might not mean anything to you veterans. And that's OK.
 

About 2 years ago, a very old war Veteran, (I think he said he was 90) came to my home, where my father in law, a WW2 Vet was living, or, I should say dying, at the time.  (He was in hospice).   He presented a medal to my FIL (I think it was the National Defense medal, that he never got for some reason) for his service.  Apparently he had the authority to present medals, especially to Veterans in Hospice care.  

 

And now, to Berta.  Berta, I, too, am a disabled Veteran.  I have a son who served in the war in Iraq, who has about 6 medals (but he does not know which ones they are, which is a typical, humble Vet).  We have 3 generations of Veterans in my family (altho my FIL is now deceased).  

 

If you would accept this honor, I would offer you "honorary Veteran" for the years of service you gave Veterans.  For the service and honor you gave your late husband, your other family members, and especially hadit members and guests.  

 

Yea, we do value your opinion, Berta.  You have studied and mastered VA law, and can/do answer questions related to Veterans and widows benefits for Veterans who very much appreciate your advice as I do.  

 

Thank you Berta, for your service....for your husband's service, and yours.  


  • Pete53, free_spirit_etc, pete992 and 5 others like this


#367210 Hubby 100% P&t

Posted by Kimmy on 13 March 2015 - 10:20 PM

Hubby is now rated 100% P&T! I learned so much on this site. I learned not to gripe and complain about the system but instead use that energy to learn what is needed to be successful. Clear and organized documentation wins.

"And let us not be weary in well doing: for in due season we shall reap, if we faint not."
  • Tbird, Pete53, SeattleShay and 5 others like this


#361258 D*** The Va, Wth Is Going On?

Posted by oldnavypa on 25 January 2015 - 11:03 AM

One vso makes you feel happy

and another one makes you feel small

and the people who run IRIS

Dont say anything at all

go ask alice, I think she'll know

the difference between logic and compensation while the paper trail goes cold

and the white knight named robert macdonald might have to get involved

 

go ask alice, I think she;ll know--at least an answer will be coming and you wont feel so so small

go ask alice


  • free_spirit_etc, kathyred, Notorious Kelly and 5 others like this


#373196 Got My Rating

Posted by puppyduks on 04 May 2015 - 12:07 AM

Filed April 2013 and just got my rating. Had a couple snafus along the way but it all eventually worked out. I was rated 70 PTSD, 40 Fibromyalgia and 10 FOR IBS. So a total rating of 80.

I can not tell in words the feeling of relief and validation I have right now. It was a long haul but it has been worth the struggle. For those still going through the process, hang in there. The tunnel may feel never-ending but keep on keeping on... the light is there at the end even if you can't see it.
  • Pete53, SeattleShay, SergeantQ and 4 others like this


#372373 I Successfully Was Award 100% Iu P And T, But They Didn't Pay Back To Dat...

Posted by broncovet on 25 April 2015 - 06:58 AM

Mpsgt:

   With all due respect, Mpsgt, I EARNED every penny of every Veterans benefit I have ever gotten, or will ever get.  Not one cent of mine is a "gift".  

Company employees get benefits, too, health insurance, retirement, etc., sometimes these benefits are far better than Veterans benefits.  If this person goes to a doctor and the company's insurance pays the bill is this a "gift"?  No, this employee EARNED the benefits, just like they EARNED their salary. If this company employee gets hurt on the job doing what his boss said, he gets workmans compensation benefits, and earns those.  These workmans comp often include a portion of the pay for time off work due to injury such as a knee injury requiring surgery.    In a similar way, I gave 4 years of my life for my country.  When I signed up, I did not expect to come home, but fully expected to lose my life for my country's service, and did so willingly.  

   Every one of my Veterans benefits came only with great effort.  First, I had to serve my 4 years, not get a dishonorable discharge, do every single thing that was required of my by my bosses,  and not get killed.  

Then I had to apply at VA for benefits and fight them for them for more than 12 years, sending in every appeal, every SOC, every bit of new evidence, attend every comp and pen exam,  every hearing, and do everything VA's way or the highway.  I had better things to do, but I did every single one and I earned every penny of every Veterans benefit, in no small part for risking my life and limb for my country.  Nobody "gave" me a "gift" as far as VA benefits.  They are earned, at least as much as any company employee, including VA employees, earn their benefits.  Why is it VA employees feel they "EArn" their pay and benefits, but we, somehow, did not?

I gave up much more than JUST time worked for my benefits, I also risked my life and limb, and even got hurt doing my militiary job.  Most VA employees dont risk getting killed or hurt, shuffling around our paperwork, while we do.  Thousands of my comrades lost thier lives serving our country, and, while I did/ do face health issues related to service, I never look at any of my benefits as a gift.  As my uncle once said, when payday comes, I dont have to back up to the pay line, ashamed I did not do any work for my pay, instead, I can look the pay clerk in the eye, and say, "thank you, for the pay I earned".  


  • jbasser, georgiapapa, GLW and 4 others like this


#370880 Pray For Me

Posted by 63SIERRA on 14 April 2015 - 12:23 AM

prayers sent,, dont give up,, we all have our burdens, only God  knows why,, We must endure our hardships, just as Jesus did all the way up to crucifixion.  Many times we box ourselves in, and create a very small world for ourselves, where things seem hopelss.God can change things around in ways that are incredible! The more you trust in God, the more he will help you.

Dont live too far in the future.. live day by day,, hour by hour if you need too. Rarely does things turn out the way our minds conjure up the projected outcome to be.. Break life down to its simplest terms.. what do you really need to live.. food, shelter, clothing... We are not gauranteed tommorow and many people on this planet will not be alive tommorow.. Death is so final.. Your life is a gift from God.

Accept, endure, and continue to live.        your special and the life you live is special..   God has a plan, let it materialize..


  • georgiapapa, glider222, Slowlane and 4 others like this


#363416 Allison Hickey Email To The Va Employees

Posted by Vync on 12 February 2015 - 03:17 PM

I try my best to stay positive and hopeful when I deal with the VA, but it is difficult.

Looking back at previous VA leaders like Shinseki, etc..., they all made promises to make a difference for the better. A few things changed, but most stayed the same.

There is a real disconnect between the people at the top and the people who work directly with us Veterans. This is evident by the chronic failures that affect us frequently and directly. This disconnect is a prime reason why many of us can confidently say that the VA system is a stressor. When someone has been screwed over repeatedly by the VA, it definitely shows.

Answering the phone or replying to emails is one thing, but we should not have to resort to such specific measures in order to get timely attention. This is just a squeaky wheel gets the oil tactic. Because someone calls a VIP, their issue will get attention it needs (good for them), but it pushes them in front of someone else. As more claimants jump on this wagon, it too will start to slow down. This also will likely not change things at BVA or CAVC level because they are probably out of their hands.

The real change needs to occur further down the line. I am not talking about poorly planned options like the choice card with exciting names, but fail to deliver. The VA needs to get rid of employees who are part of the problem and hire the right people to be part of the solution. We should not have to wait for years on appeals because someone screwed up a claim from the start. We should not have to wait a year for a copy of our C-file. We should not have to learn the LPN just injected you with an overdose of medication. We should not have care providers who dont listen and lie on paperwork. Nobody should die or lose their home because the VA screws up. I know there are processes and procedures in place to deal with most of this, but the amount of red tape is staggering. After you spend a few years with the VA, you start to realize what it is.
  • Notorious Kelly, GatorNavy, SergeantQ and 4 others like this


#362630 Hubby Is Now Part Of 100% Club, Plus P&t

Posted by NavyWife on 06 February 2015 - 08:36 AM



Well it's done!

Hubby is now 100%, plus P&T.

When I read the news, I dropped to my knees. Hubby started crying. I never hugged him so tight before!

1 year and 5 months ago, I logged on to Hadit and started ferociously reading the material. At first, it was every single day for most of the day.
Then Philip Rogers told me to buy the VBM. I did, but I was intimidated when that huge 2,000 page book arrived.
Next, I went after the C-file. VA sure didn't want to hand that over! In it, I saw all the injustices that had been done to him since he was medically discharged from the military. I saw that he had been wrongfully denied 4 TIMES. But this gave me an understanding of how the process works.



I can't thank enough each and every person on this website that takes from their own time, to help other veterans.
Tbird
Asknod
Berta
Philip Rogers- for telling me to buy VBM
John999 -without you pushing for IME, this never would have happened
Navy04- for lifting up my mood, when I got discouraged
Veldrina
JT
K9MAL
Georgiapapa
Notorious Kelly
Lotzapotz
Gastone
Broncovet
Jbasser
Mariorivera
Arng11
63SIERRA
Chuck75
Add55p

Pete53

Vync

aggie54

Stretch
And everyone else who is part of this community.

For those of you waiting, don't give up. But most importantly, get good medical evidence and good lay evidence to support your claims.


  • Pete53, Vync, aggie54 and 4 others like this


#358878 The Va Secretary, Honorable Bob Mcdonald May Be Looking

Posted by mariorivera830 on 04 January 2015 - 02:09 PM

What about putting these "hidden under the rug" benefits? If it weren't for people like people on this site, people like my wife and I would just be another family who lost their job because of service connected disabilities, who loses their home and get divorced. My being 100% is only because of the kind hearted people here who have helped us with research and answers to questions that nobody else would explain,and being lucky enough to have a wife who didn't give up on me when any sane person would have.

My wife has had to "figure out" how the VA plays, and we aren't law school educated, so my "advice" to the secretary would be to make it easier to access the information needed to get the benefits people are eligible for. And to be able to read that information.
  • SeattleShay, foreveryoung, Jerrel and 4 others like this


#357779 Free National Parks Pass

Posted by Mikemmlj on 21 December 2014 - 04:40 PM

Anyone who has documentation of permanent disability (civilian or veteran) can obtain free access to national parks at www.nps.gov
  • Pete53, halos2, Notorious Kelly and 4 others like this


#357585 The Sec Bob Mcdonald Really Cares About Veterans!

Posted by Dinnard on 18 December 2014 - 09:03 PM

I emailed Sec. McDonald the 2nd week in October and sent updated info and Motion to Advance to BVA Oct. 17th.  Today I spoke with BVA attorney after I saw our appeal was pending dispatch, he said we won our appeal and that it was P&T.  He said we should have our copy of the decision by the first of next week.  Will post in Success Stories once I have it in hand.


  • Pete53, foreveryoung, halos2 and 4 others like this


#353306 Not Everything In The Va Is Bad. Got A House

Posted by ArNG11 on 05 November 2014 - 08:14 PM

I can't really say that I have had a large number of victories with my fight with the VA.  However, I have to give credit when credit is due.  Even though I am fighting the VA on the bogus ratings and denials I received, my mighty enemy had made a possibility come true.  On Veteran's Day, this disabled vet will close on his first home purchase using a VA Home Loan.  It does make me happy and sad, but mostly happy and elated for this to be a reality.  It's bitter sweet, but I have to give the VA its kudos.  VA home loans is a great benefit.


  • Tbird, Vync, Rover and 4 others like this


#352187 Suscess Story

Posted by Hollis on 24 October 2014 - 12:00 PM

man the last 3 months have be rough, however, today I got the BIG BROWN ENVELOPE in the mail. I am now rated 100%. man this has been a long hard up hill battle. I like to thank each an everyone on here who has given me courage and hope, thank you very much.


  • Tbird, Pete53, Gastone and 4 others like this


#334201 Fdc Complete Woohoo 100%

Posted by Navy04 on 23 April 2014 - 09:23 AM

UPDATE 4/23!       WooHoo WooHoo WooHoo   100%   100%  100%

 

 

Thank you all so much on here, this whole process has been such a struggle over the last 7 months. In the last month God has been good to my family and I. Starting next month I will receive my 100% VA, SSDI, and my wife will be paid 2K a month to be my caretaker. I am so grateful to guys on here like USDART, 63Sierra, NavyWife, Carlie and Berta. God Bless each and every one of you. I am so emotional right now, and I feel like I am floating in the clouds. Thank you guys again and I hope that each and every one of you will post a Success Story on here very soon. Love Ya


  • stillhere, TNengland, Shyne-I and 4 others like this


#370631 100% Schedular

Posted by K9MAL on 11 April 2015 - 02:50 PM

I joined Hadit in 2012 and had been rated at 60% since 2002. Prior to joining I had no idea that some of the issues I had were considered presumptive and tied directly to my military service. As of this morning I received a notice from my bank that a large sum of money had been deposited in my account and jumped right on ebenefits to find out that my rating has moved to 100% schedular!

 

I haven't received an official letter so I don't know if it's P&T yet but I'm hopeful that it is. I also think the amount of retro that's been paid is far under what it's supposed to be. Will they send a breakdown of how they got their figures or am I just supposed to accept what's been proffered? Do they break it up into payments or is it typically an all at once type of deal?

 

Without the Hadit members, the information contained within and hours on top of hours of research this wouldn't have been possible. I'll continue to try to help out here as much as I'm able and steer others in the right direction. I hope that each and everyone reaches their destination in the shortest amount of time possible and with the least amount of headaches.

 

My sincere thanks to anyone and everyone who's helped me along the way!


  • Tbird, Pete53, SeattleShay and 3 others like this


#370320 Pissed About Call From Rater

Posted by Notorious Kelly on 09 April 2015 - 05:59 AM

What pisses me off is they can pick up a phone, ask questions and get answers.

 

Can WE do that?!?


  • TiredVeteran, Vync, georgiapapa and 3 others like this