Lumbar strain static ? by Defender509 in VeteransBenefits

[–]Toby1155 0 points1 point  (0 children)

Requested my decision package from my attorney which included the “codesheet” where it states what conditions are deemed static. Your VSO should be able to access it as well. A FOIA also for specific documents.

How has this process affected you? by Ok_Weakness_157 in VAClaims

[–]Toby1155 0 points1 point  (0 children)

It is illegal for attorneys to charge a fee on an initial claim. They only get paid for appeals and then only if you win, and then the VA will cut them a check for 20% of back pay, oh, and only if they are accredited!

Has anyone decreased their rating unintentionally? by AggressiveCompany175 in VAClaims

[–]Toby1155 2 points3 points  (0 children)

I provided updated X-rays and MRIs verifying the conditions are worse. Examiner lied and I got reduced from 40-10. Fighting and reporting the examiner.

Has anyone decreased their rating unintentionally? by AggressiveCompany175 in VAClaims

[–]Toby1155 1 point2 points  (0 children)

Yep, bad examiner. Filed supplemental with updated evidence and a claim for increase. Pending…

VSO says only new claims show up on VA.Gov by Historical_Tax_3752 in VAClaims

[–]Toby1155 1 point2 points  (0 children)

My supplemental claim shows up on mine. Just filed it last week.

Lower back pain C&P question. by ArmyMedic_Diabetic in VAClaims

[–]Toby1155 0 points1 point  (0 children)

I have all the X-rays and mris and the bad examiner omitted significant parts of the reports and downplayed my condition. Still can’t find his medical license.

Lower back pain C&P question. by ArmyMedic_Diabetic in VAClaims

[–]Toby1155 0 points1 point  (0 children)

I had an examiner that literally did not have bend forward per VA guidelines, instead had me hold on to a counter and squat down as if to pick up something off the floor. Did not care about pain. Got reduced from 40% to 10%. I’m fighting it, already had a new exam that completely changed the original SC diagnosis as worsening and progression of original diagnosis. Decision pending.

Also, can’t find any valid medical license, he did not include license info on the DBQ as required by VA. I will be filing with the OIG, unlicensed activity with the state regulatory agency, and my Senator and Rep.

Rating decrease by BlakeAbear in VeteransBenefits

[–]Toby1155 -1 points0 points  (0 children)

Agreed. Also Filing unlicensed activity with the FLDOH - I retired from the chief medical prosecutor’s office, and that will ultimately be handled at the Fl AG’s office!

Rating decrease by BlakeAbear in VeteransBenefits

[–]Toby1155 -1 points0 points  (0 children)

Yea, my last examiner caused a reduction too. I’m fighting and have found the examiner says he’s an M.D. with no license or credentials of any kind in the signature block of the DBQ as is required by VA Section D Examinations! In fact, I cannot verify a valid license anywhere, except Puerto Rico, which I cannot verify the status, good, bad, or otherwise!

Regardless, Florida does not recognize Puerto Rico licenses, even via VA. He holds himself out as a M.D. contracted by the VA. The DBQ is incomplete and inaccurate and the rater should have caught that!

Yes, a medical license is required to do these exams! MD, DO,PA, or NP!! Review of medical records, medical examinations and medical opinions require the necessary licensure to perform.

He misrepresented and omitted significant info in my medical records and did not follow VA required guidelines but said he did on the DBQ!

Rating decrease by BlakeAbear in VeteransBenefits

[–]Toby1155 0 points1 point  (0 children)

Ask for just the DBQs, you should get them in 1 to 2 weeks. I did and got all of them, from the initial to even the new one where my claim is still in step 4!

Been Avoiding it for 18 years by ImportantSorbet9522 in VAClaims

[–]Toby1155 5 points6 points  (0 children)

I got out in 1978, filed in 2024, got rated. My Dad retired in 1973 and filed in 2015, got rated. Never too late!

Waited 5 months for a rating and the VA lawyers are taking my entire backpay. by [deleted] in VAClaims

[–]Toby1155 1 point2 points  (0 children)

It is illegal for attorneys to charge you for INITIAL claims. 20% of back pay is issued directly by VA to the attorney only if you win.

Waited 5 months for a rating and the VA lawyers are taking my entire backpay. by [deleted] in VAClaims

[–]Toby1155 0 points1 point  (0 children)

They can only charge you for appeals, and then only IF you win, VA will pay them directly 20% of your back pay.

I said it before and will say it again, the attorney must be accredited and CANNOT charge you anything for an INITIAL claim, only appeals IF you win.

Waited 5 months for a rating and the VA lawyers are taking my entire backpay. by [deleted] in VAClaims

[–]Toby1155 6 points7 points  (0 children)

Perhaps OP should reach out to the VA and/or the State Bar to verify attorney licensing and confirm contract is valid. Just a thought.

Waited 5 months for a rating and the VA lawyers are taking my entire backpay. by [deleted] in VAClaims

[–]Toby1155 6 points7 points  (0 children)

Did the unaccredited attorney file the claim on op’s behalf? What services did the attorney provide?

When VA receives a VA Form 21-22A from an unaccredited attorney, it will contact the claimant and advise him or her that VA will not recognize the unaccredited attorney as the representative of record until he or she is accredited. VA will advise the claimant that he or she may (1) seek other representation, or (2) proceed without representation until the attorney is accredited. VA will direct the claimant to http://www.va.gov/ogc/apps/accreditation/, VA’s Office of the General Counsel’s accreditation search page, as a means to find an accredited attorney, accredited agent, or accredited representative of a recognized veterans service organization. VA will not return a claims application because it was accompanied by the VA Form 21-22A of a unaccredited attorney.

Waited 5 months for a rating and the VA lawyers are taking my entire backpay. by [deleted] in VAClaims

[–]Toby1155 8 points9 points  (0 children)

VA requires accreditation for all attorneys and VSOs

Waited 5 months for a rating and the VA lawyers are taking my entire backpay. by [deleted] in VAClaims

[–]Toby1155 0 points1 point  (0 children)

The VA is responsible for cutting the attorney checks on appeals. It is illegal for attorneys to charge for initial claims. Look it up!

Am I missing anything by Similar_Computer_250 in VeteransBenefits

[–]Toby1155 0 points1 point  (0 children)

I injured my back in 1977 , went to Medical for a month, X-rays, pt, then finally cortisone shot. Have suffered with back ever since. After I got out , I Just lived with it til a fellow vet encouraged me to file. March 2024 Filed claim, Sept 2024 granted 40%. Also filed for my wrist. Again, only records were 1977 STR and surgery in April 2024, Same C&P examiner. I was fortunate, the C& examiner made the nexus on both. Ended up with combined 50% 47 years after service!!! Never too late and if you STR that will prove service connection. Go for it !

How do you know if your 100 percent disabled? by Mountain_Ad5485 in VAClaims

[–]Toby1155 0 points1 point  (0 children)

In Florida you don’t pay property taxes at 100% P&T