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#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


#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


#361246 $900,000 Ftca Award Failure To Treat

Posted by georgiapapa on 25 January 2015 - 09:28 AM

I would like to know what happened to the VA scheduler who failed to schedule him for surgery at the Unversity of Washington. The scheduler should have been fired and prosecuted if criminal intent can be proven. There has to be consequences for the VA employees involved in causing harm to veterans or this type of behavior will continue and result in more settlements for VA employee neglience.

Don't get me wrong, I am glad the veteran's family received the settlement and I hope other veterans and their families receive compensation for any harm caused by VA employee negligence. However, I wonder how many more of these type of settlements are in the works. If a VA program is eliminated or reduced to offset costs for these type of settlements, veterans will suffer the consequences. If the settlement comes out of the general treasury rather than the VA's budget, the taxpayers (you and I) ultimately pay for these type of settlements. I hope Secretary McDonald has the authority and the will to rid the VA of negligent and incompetent employees. JMO
  • Stretch, Notorious Kelly, Vync and 3 others like this


#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:


  • USMC_HVEQ, Notorious Kelly, Vync and 3 others like this


#353497 This Vets Day (Nov. 11) Free Stuff

Posted by broncovet on 07 November 2014 - 08:41 AM

There are many more than "just" Golden Corral.  At my Golden Corral, the Vets day line was so long, I gave up.  Try some of these, instead:

 

https://twitter.com/militarywallet

 

You have to scroll down there are so many:  Some Examples of free stuff for Vets on Vets day:

Great Clips, free haircut

Free meals (or discounts)  from Bob Evans,Tony Roma Pizza, Olive Garden, Red Robin, Red Lobster, Shoney's, Denny's, Outback, Chili's, Lone Star, Max and Erma's, Krispy Kreme, Applebees.  See the link for details.  

 

10% off at Food Lion

11% off at Dollar General

20% off Bed Bath and Beyond to include spouses

Free admission to Jamestown, Knotts Berry Farm, National Parks, Williamsburg, 

 

And more:  Go to link above.  


  • Pete53, Notorious Kelly, Vync and 3 others like this


#357741 Unexpected Twist But Good Outcome

Posted by carolinian on 21 December 2014 - 07:13 AM

I applied for TDUI back in May of this year and yesterday my claim was completed. They granted me 100% P&T and I must admit I didn't see this one coming. Keep fighting the fight and never give up because we never know what might happen. I wish everyone luck with their current situation.
  • broncovet, MPsgt, notapb1 and 2 others like this


#355360 Typical Iris Response To Questions

Posted by rootbeer22 on 24 November 2014 - 10:07 AM

Folks:

As I read posts like these, it's really unfortunate that the system is so overwhelmed that significant mistakes are being made everyday which cause significant emotional pain and hardship for Vets. I've come to the conclusion that if a Vet's Disability Claim veers anywhere from the normal course of processig that it will take huge efforts to get it back on track. I now trully believe that it's all about the "luck of the draw" and who is working your claims at VBA and their workload/skill levels. Seeing a NOD that's being listed at over a year later (and no one saw it was wrong) than it should be is really disheartening and I'm sorry that Vets are going thru this. That said, I've learned from this Hadit.com board that you have to just keep working it and not give or let up - otherwise you lose momentum. From what I'm seeing, the people who win....just keep persevering and I think we are lucky to have some many Vets that are providing advice with this forum..good luck...
  • Stretch, Vync, georgiapapa and 2 others like this


#348342 100% P&t Today...

Posted by jdman on 13 September 2014 - 04:05 PM

Checked E-Benefits this morning and found out that my claim was closed and I was awarded 100% P&T. Went from 90 to 100%. So relieved now!!!


  • Tbird, MarkInTexas, Kimmy and 2 others like this


#321926 What To Do If Currently Employed And Not Doing Well At Work?

Posted by john999 on 27 November 2013 - 01:52 PM

Navy04

 

            The VA knows a 65 Vietnam vet is probably so sick when he gets 100% he will be dead in a few years.  The 65 year old RVN vet went 30 years with nothing but abuse and neglect and then when he is half dead gets 100%.  We RVN vets were 21 years old once, and felt just like you do about WWII vets who ruled the VSO's and ran the VA.  I remember one WWII vet telling me we RVN vets were cry babies.  Nobody ever told us we were the guys with white hats.  We were the official psychos and misfits for the media to feast on, so if we get benefits today we earned them.  I don't get my benefits any faster than younger vets to tell the truth. Case in point I have been waiting almost 8 years for one claim.

 

                          John


  • qwiksting, georgiapapa, aggie54 and 2 others like this


#267540 Nvlsp Common Va Errors For Increase

Posted by broncovet on 30 December 2011 - 09:34 PM

If you have applied for an increase and been denied, you might want to look at this to help you in your appeal:

http://www.purplehea...ease 3.2011.pdf
  • MrPain7, 63SIERRA, Buck52 and 2 others like this


#360993 Appeal With Dro Over 6 Months

Posted by asknod on 22 January 2015 - 11:01 PM

Read your fee agreement. If a VA lawyer doesn't win your claim, he doesn't get paid. Do not confuse copying fees, filing fees at the CAVC, IMO/IME fees or $120 worth of postage needed to file a huge writ as "losing money ". If you hired an ambulance chaser to file your claim, there would be some "up front expenses" unless it was iron-clad or you were homeless. 

A Vet lawyer makes more if it takes less time, not more. By law, they cannot charge more than 20% and you have to agree to that up front. Ambulance chasers get twice that (40%). Truth be told, I don't see why they even do it at all. By law, every lawyer must contribute 30 hours per year in pro bono work. Many do even more.

 

Lawyers only get EAJA fees it they "substantially prevail". It's possible to win an increase for you and still get stiffed on EAJA by the Court or VA. Besides, they usually whittle down the attorney's remuneration by 30%. After that, they usually wait six months to get paid. Sounds pretty glamorous, huh? VA pays based on the lodestar or going rate for a locale. NYC VA attorneys are going to get more EAJA than one from Bugtussle, Arkansas. Lodestars range for $175.oo/hr to $350.00 hr. Newsflash. That's not big money for someone with $150K worth of student loans @ 3% interest to get his juris doctorate.

 

I know a lot of them personally and they get some of your cases after a VSO has turned it into hamburger helper. Some are almost impossible to salvage at the CAVC. When they lose, everyone says "See. I told you so". I just wonder why they don't say "See. I told you so"when the MOPH agrees with the DRO and says you're faking it. Or  s/he agrees to 0% for tinnitus without asking you first. A VA law dog is your best friend when it comes to bargaining. Most don't like the VA and they don't have their office at the RO with the VA paying their rent and phones. Think about that. Who do you want repping you? Your hired attorney or someone with 40 hours of "legal training" for free who is best friends with the guy rating you? I'd take the hired pit bull any day. Just one content contributor's opinion, mind you.


  • Pete53, GatorNavy, ArNG11 and 1 other like this


#360802 Unbelievable What Can Be Done With Only A Short E-Mail. Success.

Posted by me.plum on 21 January 2015 - 06:25 PM

Unbelievable is spot on ! Don't mention any names, no hate mail. I just said who I was and what my issue was and the next day I get a email from the honorable Mrs. Allison Hickey saying she will look into ,why my appeal is so old?why over five years at BVA? Also gave me a
contact name from the BVA who will let me know about my claim. WOW!! Unbelievable after almost nine years emails from the top. My claim was put in 11-01-2006.
  • Pete53, georgiapapa, Thadine and 1 other like this


#360769 Unbelievable What Can Be Done With Only A Short E-Mail. Success.

Posted by Thadine on 21 January 2015 - 12:36 PM

Well, I sent Allison an email yesterday and got a prompt response this morning. She is on it! If nothing else but to just check on my appeal status that has been looming since December 2012. She said:

 

Thadine, I noted by your note that this is an appeal - not a claim.  As such there are two different organizations that work these two different issues.  I will ask for the status of your appeal and ask them to share that information with us both.

 

Hey, this works for me and guess what, I just found me another Hero!

 

Again, i'm not expecting a miracle but I certainly appreciate the response. Thanks BigSarge for posting and i"ll keep everyone posted.

 

T


  • Pete53, georgiapapa, NavyWife and 1 other like this


#360706 Unbelievable What Can Be Done With Only A Short E-Mail. Success.

Posted by georgiapapa on 20 January 2015 - 08:32 PM

Big Sarge,

Good advice by Navy. You probably were low balled. You should google 38 USC part 4.130 which is the Schedule of Ratings used by the VA for Mental Disorders including PTSD and Anxiety. Also Google VA form 21-0960p-2 which is the Mental Disorder DBQ (including anxiety) and VA form 21-0960p-3 which is the PTSD DBQ. All of these are good sources for you to determine if you were low balled and the info you find will be good ammo to appeal the low rating and justify an increase. Read them carefully and compare the symptoms noted with your PTSD and Anxiety symptoms. Don't hesitate to seek the rating you have earned and deserve as a result of your military service. JMO

Again, good luck to you
  • me.plum, Buck52, coastie72 and 1 other like this


#360697 Unbelievable What Can Be Done With Only A Short E-Mail. Success.

Posted by BigSarge on 20 January 2015 - 06:40 PM

Been lurking for about a year and recently saw someone suggest e-mailing Allison Hickey. So I send her an e-mail Friday the 16th of January, She responds same day and says that she's on it (holiday weekend mind you) and today my claim is complete! WOW makes you wonder how many cases are that close to being closed but are simply forgotten about. Only got 10%, and I'm wondering if they low balled me because Allison got on their asses? Oh well, good enough for now.

 

Anxiety/PTSD

 

Claim filed - June 2014

 

Closed - Jan 2015

 

I cannot believe a simple e-mail was all I needed to get my case closed. Thanks to whoever provided her e-mail, hopefully I can get someone else's case closed too.

 

Allison.Hickey@va.gov

 

If you do e-mail her, make sure you provide your last 4 and regional office to save an e-mail.


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