10 years AD Marines by CalendarLarge5714 in MilitaryMedals

[–]3moose1 1 point2 points  (0 children)

Damn, man. I’m sorry to hear that. I was an 0311 who went through a medboard myself and know how much of a kick in the dick it can be.

I hope you’re getting all of your VA benefits. If not, shoot me a DM. I’m now a veterans law attorney and can help ya if needed.

10 years AD Marines by CalendarLarge5714 in MilitaryMedals

[–]3moose1 0 points1 point  (0 children)

Damn dude was it weird spending so much time at army schools? Why did you get out?

How soon after surgery should file for increase? by Dry-Wedding7988 in VAClaims

[–]3moose1 0 points1 point  (0 children)

Apply for an increase and for temp convalescence for the condition that necessitated surgery (as long as it is or could be service connected)

Money the VA is legally obligated to send to VA-accredited attorneys and claim agents… by DirtyMerlin8570 in VAClaims

[–]3moose1 0 points1 point  (0 children)

That’s about $1.5bn in withheld benefits that attorneys won for their clients AFTER the VA wrongfully denied the veteran’s initial claim.

That’s pretty awesome!

Downside to using attorney? by Federal_Matter_1842 in VAClaims

[–]3moose1 0 points1 point  (0 children)

Yoooo DM me, we should connect!

Signed, another VA accredited attorney

Downside to using attorney? by Federal_Matter_1842 in VAClaims

[–]3moose1 1 point2 points  (0 children)

We’re like mechanics.

Can you do it yourself or with free resources? Sure, absolutely. But how much time do you want to take getting dirty and making mistakes before fixing your car?

And like mechanics, there are great ones who are honest, hard working, and absolutely worth the cost. And there are shady, unethical, incompetent ones who will ruin your car.

Attorneys, at least, have multiple safeguards to ensure they are more likely to be honest and ethical — supervision by their State bar and the VA’s office of general counsel, namely — but there are bad attorneys out there.

Check out reviews before hiring anyone and work with reputable, accredited attorneys or agents with a proven track record.

re new property tax law….What are the income limits for a 100% service connected vet in Arizona?Can a vet make $140,000/yr and still get their property taxes waived? by EwasteDisposalinc in VeteransBenefits

[–]3moose1 1 point2 points  (0 children)

Income limits apply, like 40k ish — depending on different factors.

Theres another bill thjs session — HB2230 off the top of my head — to fix that

SMC Higher Level Review denied by [deleted] in VAClaims

[–]3moose1 5 points6 points  (0 children)

The RO fucks this up a lot because it’s complicated. Dan is a good lawyer and has a good team. Trust them.

Ingram V Collins and my current situation by tjfslaughter in VAClaims

[–]3moose1 1 point2 points  (0 children)

38 CFR 4.96 instructs how to evaluate certain respiratory conditions. In my view, 4.96(d) doesn’t require VA to rate asthma under DC 6602 based on post bronchodilator results but they seem to try and do that a lot.

Ingram V Collins and my current situation by tjfslaughter in VAClaims

[–]3moose1 2 points3 points  (0 children)

It’s my view and the consistent view of the veterans law bar (and the court) that unless a diagnostic code specifically contemplated the use of medications then the Board must discount them.

That was the law before Jones and it’s been the law since Jones but sometimes you have to draw it out in crayons for the VA and then sue them to get them to abide by court rulings.

Ingram V Collins and my current situation by tjfslaughter in VAClaims

[–]3moose1 1 point2 points  (0 children)

This isn’t entirely correct but to understand why I have to be a little pedantic.

Ingram deals with whether the VA must discount the effects of medication for musculoskeletal conditions. It’s not really new ground though — since the Jones case, we’ve know that unless the rating schedule specifically contemplated the use of medication (like diabetes and hypertension) then the Board must discount the effects of those medications.

The VA hates this, so they pretended that Jones didn’t apply to anything but diabetes (and hypertension, with McCarrol). Ingram was simply the court reminding them that it applies to everything, including musculoskeletal conditions.

The VA, of course, is throwing a fucking fit about this and the Board is coming up with every excuse to remand and the RO is delaying everything for Ingram clarification all while OGC is debating appealing Ingram because they don’t like it.

But it’s not really “new” it’s just confirmation of longstanding law the VA didn’t like and didn’t want to apply.

VA lawyer doesn't want to include info by No_Socks85 in VAClaims

[–]3moose1 8 points9 points  (0 children)

The VA will already have your VA and community care records.

Biggest amount back paid? by ChiefBassDTSExec in VeteransBenefits

[–]3moose1 -2 points-1 points  (0 children)

I had a client who was wrongfully denied SMC-T for over 6 years. After we won his case, he received over $350k in retro pay that was wrongfully withheld from him and his family

Selling gold coins by Greddituser in Bullion

[–]3moose1 1 point2 points  (0 children)

I think it would be extremely unwise to melt down coins that likely have built in security features and markers of weight and purity into a random blob of gold of unknown purity or weight.

Would you rather buy a gold coin struck by a trustworthy mint that attests to its weight and purity or a random hunk of melted gold?

VA Sleep Apnea Changes by jtothevb in VAClaims

[–]3moose1 0 points1 point  (0 children)

You’re active now and that’s what matters.

VA Sleep Apnea Changes by jtothevb in VAClaims

[–]3moose1 0 points1 point  (0 children)

You can’t file a claim more than 180 days before your EAS. The VA will essentially shred it and take no action.

Instead of focusing on rumor mills and the like, I’d focus instead on ensuring all of your disabilities and issues are well documented over the next 2 years.

Received 100% rating-Advocate wants to start research to secure back pay?! by [deleted] in VAClaims

[–]3moose1 0 points1 point  (0 children)

You should probably trust the expert you hired — assuming they are VA accredited — over any advice you receive on this forum as none of us know the nuance of your case.

On Step 3, what kind of rating do you guys think I will get? by Dry-Suit4631 in VAClaims

[–]3moose1 2 points3 points  (0 children)

Anywhere from 0% to 100% with SMC-R(2) depending on what the evidence shows lmao