I can help with your Veteran benefits or social security benefits claim by providing and nexus letter which is also called an independent medical opinion (IMO) for Veteran benefits.
Please call my cell @ 925-381-7561
Please copy all of your veteran benefit records and sign the form at the bottom of this email.
My motto is... help is on the way for your benefits! My process is described below:
My oldest retroactive win goes back 56 years--- see some of my wins at the bottom of this e-mail.
Please call my cell 925-381-7561 after 0530 and before 1900 east time zone
I will ask you for a list of your medical problems and your goal for your veteran benefit claim. Then we can establish a flat fee for my second medical nexus opinion for your veteran benefits.
Please copy all of your veteran benefit records as I shred my copies--- if you do not have all of them please see: The National Archives, but this can take 1 year...if you have been waiting 6 months or more please write to both your senators and congressman and simply ask them to ask the VA to provide your records ASAP--- in two weeks ...this can be done if Congress gets involved!!!
I shred all veteran benefit record documents as the VA has the only original of the claims file. The VA has very strict rules about claims file duplicative records control due to the recent loss of a VA laptop with thousands of veteran's files and the shredding on claims files in New York in 2008. In fact, on 16 Oct 2008 Secretary Peak and retired Rear Admiral Dunn (Undersecretary for Benefits) reviewed VA policies in shredding and stated that "…duplicate paperwork no longer needed are appropriately disposed …." which in most cases means shredding. I therefore do not maintain this veteran's duplicative VA records in my office because after each case I shred copies of the veteran's claims file as per my web site notifications and in accordance with the Privacy Act and VA rules
The VA has rules about release or veteran benefit records from the master claims file and permission from the VA would be needed for release of any master claims file information (Meg Peake J.D. is a VA headquarters Freedom of information officer [FOIA] and details of VA claims file records - veteran benefit records- release can be obtained from her at 202-461-8108/8107 or fax 202-656-9733))
It is important to know that in addition to medical/hospital care/benefits the VA Rating schedule goes above 100% ($+/-3000/mo) into categories called special monthly compensation (SMC) which max out at about $8000/month (see DVA Special Monthly Compensation Table).
I charge a flat fee for my services. Please note that I am a Board Certified licensed physician because there are nurses and unlicensed practitioners/lay personnel who also try to do this work for discounted fees and whom does the VA not recognize as medical experts and therefore discounts these reports as not probative concerning veteran benefits.
Philosophy and information
I have a similar philosophy as attorney David Hoffman and that is to " help as many people as I can---- for as long as I can."
Another attorney, Clark Evans, an Arkansas attorney, who handles veterans' disability and pension claims, says there are three steps that must be met for a veteran to satisfy the VA's requirements for a "well-grounded" disability compensation claim: "The first is medical evidence of a current health problem. Secondly, you must prove that an injury or disease occurred or was aggravated while in active military service. The third is proving a nexus or link between one and two. VA turns down thousands of claims each year by saying "no nexus"."
The need for a doctor's medical opinion linking the veteran's disability to military service is critical. Evans noted essentially that only the opinion of a doctor will establish that needed medical link. That's the rule--it's been upheld in court--like it or not that is the way it works.
How to organize your VA claim for the VA raters? I suggest John D. Roche's The Veteran's Survival Guide: How to File and Collect on VA Claims. (You can use this format for the VA raters but I can simply review all your medical benefit records without need for specific organization.) Please see pg. 218 for an excellent technique for organizing a VA claim. You can purchase Roche's book from Potomac Books, Inc on line at Potomac Books Inc.
The Electronic Code of Federal Regulations (e-CFR) for veteran benefits is located Here
I can help with malpractice, 1151 and tort Claims and the veteran benefit awards from these claims are inter-related with compensation benefit awards as follows:
There can be circumstances under which benefits other than disability pensions will be offset against a recovery in the setting of the Federal Tort Claims Act (FTCA). He provided the following example:
Let's say that a veteran is the victim of a medical mistake on the part of VA healthcare providers, and he or she applies for non-service-connected compensation, also called 1151 benefits. If granted, that application can result in a monthly compensation payment, which is usually modest.
If the same vet goes on to recover a lump-sum payment under the FTCA, then their monthly 1151 payments will be stopped for the period of time it takes to offset the larger award given under the FTCA. Not surprisingly, Uncle Sam doesn't permit a double recovery of disability benefits and tort damages for the same injury. Also, need-based pension payments, including aid-and attendance payments and widows or survivors benefits, can sometimes be offset against a lump sum recovery from a tort claim.
Lay statements for veteran benefits
Can be useful under certain conditions as per court decisions. (U.S. Circuit Court 3 judge decision Jandreau Vs Nicholson 2007-7029 [Judges Michael, Bryson and Dyk])
"...lay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a layperson is competent to identify the medical condition (2) the layperson us reporting a contemporaneous diagnosis, or (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional..."
Please see some of my veteran benefits wins below:
The nomenclature employed in this portion of the rating schedule is based upon the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, of the American Psychiatric Association (DSM-IV). Rating agencies must be thoroughly familiar with this manual to properly implement the directives in §4.125 through §4.129 and to apply the general rating formula for mental disorders in §4.130. The schedule for rating for mental disorders is set forth as follows:
Schizophrenia and Other Psychotic Disorders
9201 Schizophrenia, disorganized type
9202 Schizophrenia, catatonic type
9203 Schizophrenia, paranoid type
9204 Schizophrenia, undifferentiated type
9205 Schizophrenia, residual type; other and unspecified types
9208 Delusional disorder
9210 Psychotic disorder, not otherwise specified (atypical psychosis)
9211 Schizoaffective disorder
Delirium, Dementia, and Amnestic and Other Cognitive Disorders
9301 Dementia due to infection (HIV infection, syphilis, or other systemic or intracranial infections)
9304 Dementia due to head trauma
9305 Vascular dementia
9310 Dementia of unknown etiology
9312 Dementia of the Alzheimer's type
9326 Dementia due to other neurologic or general medical conditions (endocrine disorders, metabolic disorders, Pick's disease, brain tumors, etc.) or that are substance-induced (drugs, alcohol, poisons)
9327 Organic mental disorder, other (including personality change due to a general medical condition)
Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name
Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships
Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships
Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events)
Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication
A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication
9520 Anorexia nervosa
9521 Bulimia nervosa
Rating Formula for Eating Disorders:
Self-induced weight loss to less than 80 percent of expected minimum weight, with incapacitating episodes of at least six weeks total duration per year, and requiring hospitalization more than twice a year for parenteral nutrition or tube feeding
Self-induced weight loss to less than 85 percent of expected minimum weight with incapacitating episodes of six or more weeks total duration per year
Self-induced weight loss to less than 85 percent of expected minimum weight with incapacitating episodes of more than two but less than six weeks total duration per year
Binge eating followed by self-induced vomiting or other measures to prevent weight gain, or resistance to weight gain even when below expected minimum weight, with diagnosis of an eating disorder and incapacitating episodes of up to two weeks total duration per year
Binge eating followed by self-induced vomiting or other measures to prevent weight gain, or resistance to weight gain even when below expected minimum weight, with diagnosis of an eating disorder but without incapacitating episodes
BOARD OF VETERANS' APPEALS Decision
If the decision is not favorable to you:
(1) You may file a motion for reconsideration of this BVA decision at the following address: Board of Veterans' Appeals, 810 Vermont Avenue, NW., Washington, DC 20420. Your motion may be in the form of a letter. It should state clearly and specifically which issue or issues you want the BVA to reconsider and the specific reasons why the BVA should reconsider the issue or issues.
(2) You may have the right to appeal this decision to the United States Court of Veterans Appeals (the Court). You may appeal to the Court a final decision of the BVA that follows a notice of disagreement filed on or after November 18, 1988. A notice of appeal must be filed with the Court within 120 days from the date of mailing of the notice of the BVA decision. The date of mailing is the date that appears on the face of the BVA decision. The Court's address is: The United States Court of Veterans Appeals, 625 Indiana Avenue, NW., Suite 900, Washington, DC 20004.You may obtain information about the form of the notice of appeal and the amount of any filing fee from the Court. You should also mail a copy of the notice of appeal to the VA General Counsel (027), 810 Vermont Avenue, NW., Washington, DC 20420. However, the VA General Counsel is not a part of the Court and filing a copy of your notice of appeal with the VA General Counsel or any other VA office WILL NOT protect your right of appeal.
In addition to these rights, you may also reopen your claim by submitting new and material evidence to the Department of Veterans Affairs (VA) office where your claim originated. VA may not consider another claim on the same factual basis. Reopening your claim will not affect this BVA decision, but your reopened claim may be granted on the basis of new and material evidence which supports your claim.
Fax Form Download
Please download the Fax Form by clicking Here.