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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. 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So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

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    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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The Whole System Fraud

24 posts in this topic

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i did a cue claim about a 93 claim it made it all the way to the bva they dissmissed it said my claim from 1994 has been in appeal status and still pending

i thought this is great i was awarded 60% for the same issue and iu 2004 by the dro which has jurdition over appeal issue even say it on decision this is a full granted of all appeal issues.

this would mean there can not be any appeal issues from 94 they were granted 2004. eed should now be 1994.

no bva granted me 10% from 1994-2004 and say the ro granted me the 60% 2004 and remaned my iu claim so a doctor to tell if i could have work 1994 i have never work since 1994 they have ssi records which states this.

i have ask for my eed dates did the reconsideration and once again ask why my eed are not 1994 what i got was appeal to courts did that

now i am at the court and the lawyer from the ogc which is the lawyer for va has drag. she has not call my lawyer and took two month to appear on the cases

during this whole process not once has any part of va denied my eed or granted them just never answer. and past the buck and now the wait and they are not even working on my iu claim. i was told because my case is with the court that put a hold on the remaned amc.

this is a bold face lie va manual tell how to handle cases like this and you are to keep developing them. amc has since for 3 different doctor statements and everyone has agree with me and now they want a 4 and still will not answer how are u developing something that was granted.

so my belief is that the whole system is shot or they have system to all this hope you mess up before we pay

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Posted · Report post

Yulooking

If it is in the hands of your lawyer you just have to wait. Is your lawyer getting paid a % of your possible retro? If they are it makes them work harder. If the lawyer is going to get 20% of several hundred thousand dollars they tend to want to make it happen. This is capitalism in action.

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I feel that the AMC is useless and should be abolished.

They did award a veteran I know of with the most bizarre award letter I have ever read.An AO award some years ago.

I even discussed the award with NVLSP and they were as baffled as I was.I think that award will come back to haunt the veteran it someone ever audits the few awards the AMC makes.

The VA strung out my last claim in many ways-one was a remand to the AMC. The AMC did nothing with the claim but farmed it out to another VARO and during the time all that took for another denial both the AMC and the other RO still failed to read a single piece of my evidence.

John is right- with a lawyer on your POA there isn't much you can do but wait.

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once i got to the court i got the lawyer for free out of new york city but before i got him on the case they send me the record of the agency

it right there in the record i pointed out to lawyer the pages everything

o yeah when i did the cue claim my vso was to have withdraw did it at the dro hearing on the cue by law your vso is not to withdraw once the appeal starts because i hard to appiont another. in the record there isnt one paper about the withdraw they are to put the papers in with the board never done.

that alone will get my cases remaned

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o yeah when i did the cue claim my vso was to have withdraw did it at the dro hearing on the cue

by law your vso is not to withdraw once the appeal starts

because i hard to appiont another. in the record there isnt one paper about the withdraw they are to put the papers in with the board never done.

yulooking,

Actually there is quite a bit more to it than that, in regards to change of representation at the BVA level.

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ulooking

If you use capitals and periods, it makes it easier for us "old guys" not all that used to texting to understand exactly what you are posting and you are likely to get a better answer.

It sounds like the BVA has already awarded you benefits, and you are trying to get the RO to implement the BVA award, and they are dragging their feet. I know, because they have done the same thing to me.

Try reading this training letter on RO implementation of BVA decisions: But, of course, I know where you are coming from...what to do when the VA just decides to go their own way and forget the regulations. APPEAL, APPEAL APPEAL. So what happens when you appeal, get a favorable appeal award, the the RO still refuses to award benefits. You have to appeal AGAIN.

If you read this fast letter on implementing BVA decisions, you will see that the VARO is supposed to implement them immediately. Obviously they did not do that, but at least you could email Brad Mayes, email address in the fast letter, and ask him why your implementation is being delayed, in spite of his fast letter.

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First, try being nice and go to your VSO and ask him to write you a letter explaining your position. If you have tried that route a few times, and the VA keeps avoiding you, Sometimes you just have to stir up a hornets nest when the VA refuses to follow its regulations. You can try any of these "hornets nest stirrers":

1. File a Writ of Mandamus. It will likely be denied, but you put the VA on notice that you arent going to put up with it anymore.

2. "Stir up a hornets nest" on IRIS. Send an IRIS email with a very bold heading such as a vawatchdog article on the shredding incident: http://www.vawatchdog.org/10/nf10/nffeb10/nf021610-3.htm

3. Go to va vantage point, and get their attention by asking your questions there, in the comment section:

http://www.blogs.va.gov/VAntage/

4. Send them a 21-4138 where you have an "eye catcher" in Bold Letters, such as:

THIS CLAIM IS URGENT. Do not put it down put "work it" or ask your supervisor about it immediately.

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Yulooking

If it is in the hands of your lawyer you just have to wait. Is your lawyer getting paid a % of your possible retro? If they are it makes them work harder. If the lawyer is going to get 20% of several hundred thousand dollars they tend to want to make it happen. This is capitalism in action.

John 999,

Have a question

I filed a 21-4138 back in March of 2010'- for earlier date of claim- they awarded the retro to 2002- but opened the claim in 98'

now they say it is CUE-and have closed it , because I sent them the original 1998 application and their stamp

they say it is duplicate evidence so they closed it Dec7-the day they sent me a letter saying they were working on it-

I even called the IRIS and spoke to the woman in Sept. and she told me what to send in on a 21-4138-What are they up to

I

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Are you saying the VA called a CUE on themselves and are admitting your actual effective date is 1998? If you proved to them that you filed the original claim in 1998 instead of 2002 then you should be paid effective the 1998 date. I don't understand what you mean by the VA closing your claim. They have to either deny it or approve it and put it in writing.

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"they awarded the retro to 2002- but opened the claim in 98'"

As long as the 1998 claim was continuously prosecuted until the award-

meaning - not Re-opened after a denial, and as long as the medical evidence in 1998 warranted a SC rating, then the proper EED would be date of filing the 1998 claim.

What was the VA's rationale in the decision for using the 2002 date?

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this is what they do now when they owe big retro. and use the amc as a holding pen. i did the cueclaim 2008 it got to bva was told my claim has been in appeal status since 1994 on july 2009. well i got a march 2004 dro decision which say full granted of all current appeal. would seem my effective dates would now be 1994. n va has been doing everything to not answer and now at the court and va still has not told why my effective date are not 1994. i will say one thing all veterans need to send letter to close amc they are not helping there is no number,the people there are rude,the bva which remand the issue to them will tell you they have no jurdition on them. so how are they than.

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ulooking

If you use capitals and periods, it makes it easier for us "old guys" not all that used to texting to understand exactly what you are posting and you are likely to get a better answer.

bronco,

yulooking had a serious head injury active duty.

Grammer is not everything but yulooking has greatly improved since March 2008.

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Yulooking

Do you have a lawyer? We are talking about a lot of retro. It might be worth to hire someone to help.

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i really dont like u carlie everybody posting u have nothing but bad thing to say i wish u would not post any more replys to my posts see as y are having a hard time reading.

the vets here have alot to deal with the ---hole at va and i use my post to vent

i dont need your comments

yes i have a lawyer and my case is at the telephone conference stag at court will be held feb 25.

hope they fix all this after and yes is alot of retro that why all these game. call 1800 and they act as if they see none of my decision which is bull

i have just talk to amc and there saying they dont have folder to make a decision. va manual say that remaned are to be process during court process.

but once again amc is doing there own thing

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i really dont like u carlie everybody posting u have nothing but bad thing to say i wish u would not post any more replys to my posts see as y are having a hard time reading.

the vets here have alot to deal with the ---hole at va and i use my post to vent

i dont need your comments

yes i have a lawyer and my case is at the telephone conference stag at court will be held feb 25.

hope they fix all this after and yes is alot of retro that why all these game. call 1800 and they act as if they see none of my decision which is bull

i have just talk to amc and there saying they dont have folder to make a decision. va manual say that remaned are to be process during court process.

but once again amc is doing there own thing

yulooking,

You might want to check your PM's.

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Posted · Report post

Yes, read your PM's. This is a misunderstanding that needs to be cleared up right now.

Basser

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Posted · Report post

what is a pm never hear that here.

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Posted · Report post

Scroll up to the top right of the screen. Find your name.

Click on the down arrow beside your name and select messenger.

Open it up and read away.

JBasser

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Many individuals, agents, attorneys, and VSO's will withdraw representation because the claimant is not being cooperative in their efforts to prosecute the appeal, or in some rare cases the claimant withheld facts material to the case which made the claim unethical, inherently incredible, or otherwise in conflict of interest. In other cases, I have found a claimant who is pending a BVA hearing and his representative is sick, cannot show up, and we take representation to assist the veteran. The latter is on a cases by case basis. The regulation, and Rule of Practice governing representation is found below, and must be filed as a motion as noted.

DAV does not withdraw representation but in rare cases, however others will withdraw if you file an appeal/NOD without them knowing, or otherwise exclude them from the claims process in which they are otherwise obligated to be involved in.

Title 38 C.F.R. § 20.608(2) Procedures. After the agency of original jurisdiction has certified an appeal to the Board of Veterans' Appeals, a representative may not withdraw services as representative in the appeal unless good cause is shown on motion. Good cause for such purposes is the extended illness or incapacitation of an agent admitted to practice before the Department of Veterans Affairs, an attorney-at-law, or other individual representative; failure of the appellant to cooperate with proper preparation and presentation of the appeal; or other factors which make the continuation of representation impossible, impractical, or unethical. Such motions must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable Department of Veterans Affairs file number, and the reason why withdrawal should be permitted, and a signed statement certifying that a copy of the motion was sent by first-class mail, postage prepaid, to the appellant, setting forth the address to which the copy was mailed. Such motions should not contain information which would violate privileged communications or which would otherwise be unethical to reveal. Such motions must be filed at the following address: Office of the Senior Deputy Vice Chairman (012), Board of Veterans' Appeals, 810 Vermont Avenue, NW., Washington, DC 20420. The appellant may file a response to the motion with the Board at the same address not later than 30 days following receipt of the copy of the motion and must include a signed statement certifying that a copy of the response was sent by first-class mail, postage prepaid, to the representative, setting forth the address to which the copy was mailed.

(Authority: 38 U.S.C. 5901–5904, 7105(a))

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Posted · Report post

that what i am taking about non of that was done

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this why veterans need to no the law i will use this after this judge play with my claim.

this should get atleast my case loo at again

my vso withdraw right as my cases was going to bva

and i have not been able to get a rep since my cases has been at bva

and bva is a hard place to get to look at info with out a rep.

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Posted · Report post

well i guess the va will get away with what they have done.

the informal iu claim that was found during my cue has now been remaned 2 nd time to amc. i have iu since 2004

amc has closed my elbow claim which was pending for 18 yr got granted by bva and amc granted 0% effective 2007 closed the cases cant nod told to appeal to court.

this was my first rating form services done this way.

well i just have the courts cases been there a yr now got about 6 month more.

and when every my iu claim come form amc denied again and go back to bva.

i will give it up to va if they done want to do something they just send it around.

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"closed the cases cant nod told to appeal to court."

I hope you do appeal this to the CAVC.

"the informal iu claim that was found during my cue has now been remaned 2 nd time to amc."

Hopefully that too can be referred to in the CAVC case.

Unless things have changed- once you get on the docket at CAVC they publish your address etc and you will hear from CAVC lawyers.

That is what happened to me when I had filed a Mandamus writ.

Once they found out this was a mandamus filing (no money involved) the lawyers who I responded to were not interested in the case. Except Ken Carpenter- he didnt want to handle the mandamus (things have changed in that respect because a few Mandamus cases have given some vet lawyers a lot of good 'press'in the past years ) but said to contact him if my claim ever went to the CAVC.

So you should hear from lawyers if you file at the CAVC.

It might be a good idea yulookin' to write up a brief description of why you feel the elbow claim decision was wrong and try to get into this write up- the explanation of that CUE claim (give them the BVA Docket and Citation number).

Thia way if a lawyer contacts you due to a new CAVC filing- you have the basis of the case at your fingertips or could email it to them.

I know a vet who had 12 years of BS with the VA- went to the CAVC twice- had 2 lawyers (whose fee I prepared NOD on)

and he unfortunately stuck it out with them but they didn't help him at all.

Most of the CAVC lawyers are not like this at all.

They don't want bad results that vets can post on the net.

Still they can only work with evidence they have.

Finally he won his claim.No one-not even his lawyers had really accessed and read his SMRs.

His nexus was in them.

He refused to give up!!!! By the time I met him (I was doing volunteer claims work for my former reps) this vet was

angry and very difficult for me to deal with.

But he refused to give up and won a very large retro amount.

It goes to show that Persistence pays off. There are plenty of good CAVC lawyers around. But the last thing any vet should do is give up.

"well i guess the va will get away with what they have done."

Yulookn' when I got my award letter last year (based on my BVA award) the VA tried to give me some BS unlike anything they had ever tried to pull on me before.

Since I had been an active claimant for most of the last 17 years- I was used to fighting back to their BS but this one was a doozy -and whoever prepared the decision ad even made up a regulation!

I had an award letter and the VA owed me cash. It took me almost a year to fight for the cash.

The reg they made up said 1151 DIC awards were the same-=regarding ancillary benefits as direct SC awards!

This was outrageous! They also refused to refiund a FTCA offset I had. (Direct SC trumps 1151)

By fighting back I got about $100,000 in ancillary and additional benefits due to me under direct SC.

They wanted me to give up or die. No way on that.

I hope you continue to pursue your claim.

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Posted · Report post

i will never give up

i did the cue i post the bva decision here before

bva stated my claiim form services has been appeal status since 1994 dissmissed my cue. say there was never a appeal decision made on theses pending appeal this was false and they no it

they say buffalo never cretify my appeal they sat there.

during these pending appeal i put in paper which va treated as and increase rating claim during the appeal of this i was granted 60% for the same issues that was pending and iu by the decision review officer which stated in bold letter this is a full granted of all currenty appeals gave me the effective date i put in the paper 2001.

did the cue 2008 of the 1994 decision

bva turn around adjudcated my appeal that were to b pending granted me 10% from 1994-2001 and remanded the informal iu claim to develop 1994-2001

call my dro decision and ro decision to do this. and ro decision can not made a pending appeal final only a appeal decision

they aware that why there stoping 2001 and will not tae anything i send to bva will not even take my reconsideration

i won a cue goin back to 1994 and they found the informal iu claim in the record i have iu how are you developing something i have.

yes i am at the court and they can grant my effective dates because all this became final 2001 for both issues just been a whole yr and va has not even say this was a cue in there brief

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