J Basser: 0:01

Welcome folks to another episode of the Exposed Event Productions Weekly Show. My name is John Stacy, they call me Jay Basher. My co-host today, on this beautiful June 12, 2025, is Mr Ray Cobb. I have a great state of Tennessee close to Alabama, so I call it Talabama. How are?

Ray Cobb: 0:20

you doing, Ray? I'm doing great. How are you doing tonight?

J Basser: 0:24

I'm doing pretty good today. It's been a busy day, it's been hot outside, but it's getting there.

Ray Cobb: 0:32

Yeah, we had a warm day here and I ended up spending the morning at the VA in the dental office, so I got that taken and started taking it. Well, no, all they had to was, uh, just a little preliminary work today. So, uh, my big thing day is going to be july the 24th, I think so you know, we gotta go have some time here to to get ready for all that and then, uh, looking forward to it.

J Basser: 0:58

So we'll go from there well, that's hell, was house of pain. I gotta go here about the same time. You do, matter of fact, maybe a week later, and have some stuff done. And I was at the bill yesterday, I got to go back again tomorrow. It's an ever ending trip back and forth. Of course, the car knows the way now.

Ray Cobb: 1:15

Yeah, there you go.

J Basser: 1:17

I'm going to get back to basics today. What I'm thinking about, what we're talking about, discussed earlier. Let's go straight flat, basic. I'm talking step one. All you vets out there that have been discharged from service or that are in service and you're thinking about filing a VA claim, or you're been out of service for a while and wonder why you haven't filed one, or you're thinking about filing one. We're going to go through the steps today and I think it's always easy, you know, to refresh back every once in a while, to go back and you know just kind of review, what we can go into, what you know we've done or we can recommend you know what they should do. So, ray, on your opinion, what is the first basic step to filing an original claim if you've never filed a claim before?

Ray Cobb: 2:11

Well, the first thing I recommend the veterans to do is to actually call the 1-800 number. I think it's 627-1000 or 827-1000.

J Basser: 2:23

827, yeah, 827.

Ray Cobb: 2:25

Call that number and tell them you want to do an intent to file and that intent to file starts your clock. You have one year from that date to file your claim. So while you're looking in the claim and seeing what it may be, that gives you the opportunity to get in there and get it ready to go. Too many claims are filed in our area and I'm sure it must be nationally that are not ready to be filed. They're not ready for a decision. Now you don't have to file it as ready for a decision.

Ray Cobb: 3:01

I don't like that route. I like the standard route, but that's just a personal preference. But you do have to get things ready and the first thing is to do an intent to file. You don't have to say what you're going to file on. You may have two or three things, but you can just say I want to do an intent to file. You can do it by phone and they'll follow up with you within a week and you'll get a letter in the mail giving you the date that you requested the intent to file and telling you that you have one year to file your claim. That's the first thing that I recommend that they do.

J Basser: 3:36

The only caveat that I can say there on this situation is you have an intent to file. Make sure everything you file for that intent to file is on that initial 526. Correct In that way? Yeah, Because if you have any separate claims like that, then it could negate your intent to file for that area itself, only not what you've already filed.

Ray Cobb: 3:59

And that makes a difference. I mean, for example, if it takes you five or six months to see your doctors and to get all the information together and you're doing it on three or four different claims, then you need to get all those in at the same time so that your start date is that same date and you may be talking about you know, well, if you're at 100%, that's $4,000. Well, if you're at 100%, that's $4,000. If you finally get a decision after 10 or 11 months, you know that's $40,000, $44,000 in your pocket. So it's really important to get all of those claims in together at the same time. So you really need to. You know, get on the bandwagon and make your mind up. I'm going to do this and then get after it and put it together.

Ray Cobb: 4:46

One web page that I think is great for helping individuals is James Cripps' web page, va the Redneck Way. You follow his directions on how to file the claim and how to do it and you'll probably be okay. I know of three or four guys around here that had used that web page and used that direction and it turned up and they were approved the first go-around and they took eight or nine months from the time they put their intent to file in to get all the documentation and things that they wanted and felt like they needed to win their claim, and I think that made the difference between them winning it and not winning it.

J Basser: 5:31

There's other resources available too. There's a Facebook page called the Veterans Claims Assistance Group and it started by got him Doug Haynes. He's an accredited appeals agent and he started that and he's got several different sites that he uses to actually control. You know what they do and there's a lot of folks on there that are agents, even got some VA employees on there and they come on, they help out, answer questions. It's pretty good. It's a pretty good Facebook site and you can join that group. It's a Facebook group and you can join that group. It's a Facebook group and you can ask questions and you'll probably get your question answered. You can also go through the archives of the page and look and your question might have already been answered.

Ray Cobb: 6:15

Probably has. I mean, there's been thousands and thousands of cases, and so they probably have already been answered. I would hate to think there's a question that's going to come up that at least hadn't come up once before you know.

J Basser: 6:32

And he's also got another site that he made called howdisabilityworkscom how the disability works. That thing covers everything. If you go there, you ever get that site, ray.

Ray Cobb: 6:45

No, I haven't. I need to do that.

J Basser: 6:47

You need to go into that site. You want some actual information. Go into that site. I mean, this is probably the most comprehensive, easily explained website when it comes to those issues and you can get an education like no other if you read this, because this guy's pretty sharp.

Ray Cobb: 7:10

Good, I'll get that from you or shoot it to me in an email and I'll look at it and see where we got going there. Yeah, that's great and that's good information to know, because you know everybody may not you know what you and I both have seen these guys will think they'll look on the VAgov and they'll think and they do make it sound easy that they know how to do it or they're going to do it the way they want to do it. And that's the first rule too. You can't do it the way you want to do it. You have to do it the way you want to do it. You have to do it the way the VA requires it to be done Right, and you've got to do it in the order they require it to be done. You immediately, for example, can't go and hire an attorney or go to the Board of Veterans Appeals until you've been denied. A guy told me well, I'm just going to go right straight to the court. You can't do that.

J Basser: 8:10

You can't pass the same monopoly.

Ray Cobb: 8:12

Right right and so you know, for the web page that you mentioned and VA, the Redneck Way, those web pages are great to help give you directions. But, guys, I can't point out the importance of following those directions, following those steps step by step and you'll be okay.

J Basser: 8:34

Okay. Once you get the situation going, they say you got your intent to file done and you've got what you want to do. You know, you know what you want to file for, but now you're just trying to gather what records you need, what you want to do, you know. You know what you want to file for, but now you're just trying to gather what records you need. If you go to the VA for treatment, folks go ahead and file your claim Because all they need is your service records and the VA records. If you go outside the VA, it would be better off if you did this. Contact your doctor's office and get copies of all the records pertinent to your issue that you're having. You might have to send off an the mail to do it because it could be far away. It could be local. Do the premium information request and do whatever it is. Some places will charge you probably a certain amount of money, unless it's basically the first copy. It depends on which doctor's office it is, because they're all different. Get that information, scan it into a computer Okay, and it's assign it a file number. Once you get it in there, each issue is going to have a separate file number and you take that file number and you name it whatever you know and attach it to that claim. As far as what it's all about, then when you go into your 21-526-EZ that's the phone number you filled out for the initial claim on VAgov It'll tell you what you're doing and you start filling it out.

J Basser: 9:51

There's a section under the Upload Information. You can highlight the file for this section and upload it. Next section upload it. You can upload everything electronically, so you know they'll get it. A lot of folks trust the US mail. I for one don't, and there's a long history I'm an old fart anyway, so there's a long history behind that right.

Ray Cobb: 10:17

Yeah.

J Basser: 10:19

And you can upload that information and it'll make things go smoother. But now you've got a decision to make. Once you get her done and get her turned in, the waiting game begins. Peer is probably one of the most stressful, I guess you'd say, areas that you'll go through, especially if you've got a lot of serious disabilities and you can't work and you're waiting on this as your livelihood. You know you can. Actually you've got to make a decision. What am I going to do? Do I get help or do I not get help? Or what? Do I drive this vehicle myself or does somebody help me drive it?

J Basser: 11:04

And we had these shows before, guys. But personally I'd recommend you get an accredited veteran service officer through one of the state agencies or the American Legion or the VFW or the DAV, or an accredited appeals agent that does do initial claims but doesn't charge for initial claims, which they really can't charge for initial claims. But you've got to find one that doesn't. One of those people that are accredited that's the key word is accredited and they have to have access to the Veterans Benefit Management System or VBMS. That way you're not calling the VA every two days hey, what's going on with my claim? All they've got to do is sit back and you can call them once a week or so and talk to them and they can give you an update, or they can call you when they see an update. That's like watching your claim in real time. So that's what I recommend doing.

J Basser: 11:54

I don't really recommend anybody go alone do this alone, because I've seen so many people destroyed because of that. I've seen so much. That's carnage, that's what it is, because them folks definitely know what they're doing and they know, you don't, you know, and they turn into PT Barnum. They just sucker-borne every minute. You know what I mean, right?

Ray Cobb: 12:20

Oh, absolutely. I mean, guys, there's one thing there that I found that was helpful for me. You mentioned getting your VA medical records, which is what I had. I took those VA medical records and when I was ready to file my claim on a 4138, I put a note please look at page such and such, paragraph such and such. Or then I made a copy of just that one page I wanted them to look at and I highlighted or I circled it.

Ray Cobb: 12:58

And the one that you definitely want to make sure is a diagnosis, because they have a tendency to overlook a diagnosis or a lot of times and this is what I've seen recently in the VA medical system they're not giving a direct diagnosis. I have a gentleman here locally in Winchester, tennessee, who has been just recently, after more than a year. They kept saying well, you have Parkinson's symptoms. Do you have Parkinson's disease? Well, we're not ready to say that yet, but you have symptoms. Can we see you in 90 days, or come back next month, or let's go do this. Well, because if you don't have that diagnosis, they're not going to approve that.

J Basser: 13:52

They're not going to approve that they change it to Parkinsonians, which is a symptom that mimics Parkinson's that are not totally all Parkinson's, because it's all in the head. You know how that issue goes.

Ray Cobb: 14:04

Well, yeah, that's true. I use that as an example because that's what's going on, or what went on here. But when I first went in concerning neuropathy, it took them almost a year before they agreed and put into my records that I had diabetic neuropathy and then it was Before or after you had the test. Oh, that was even after I had the test. They had already stuck needles in the bottom of my foot. Okay, okay, and I got the same situation he stuck needles in the bottom of my foot.

J Basser: 14:44

Okay.

Ray Cobb: 14:44

Okay. And then I got the same situation. Well, I need to see you and let me see you next month or let me see you in three months. And then finally, once the guy finally after about I think he did the test three times or three different appointments, so probably over a six-month period of time he finally came in after that last one and says okay, yeah, you definitely. Now I'm sure you have diabetic neuropathy, so I'm going to put you in for some diabetic shoes. And that was another big clincher for me winning my case, because now I had an official, not only the diagnosis, but I had treatment for the diagnosis. And those were important things to point out. And then another thing that I did here I think it's always a good thing to do. I know James recommends this. I know in a way you recommend it too. We recommend Bethany for some of this, but sometimes it's good to get a second opinion. Now, if you get a second opinion, this is the way I have done it and been successful with it. I don't know if it'll work every time or not, but I know it has worked for me. I will take my diagnosis like I took exactly that final report that he said I had diabetic neuropathy and recommended AFO braces and new shoes and all of that.

Ray Cobb: 16:19

I took that medical report for that, that visit, which was two pages. I highlighted where he said the diagnosis. It said diabetic neuropathy. I highlighted that and then down at the bottom where it said treatment, recommended afo braces and diabetic shoes.

Ray Cobb: 16:38

And so I took that and I went to a local podiatrist and I went into him I said headed him there and I said this is what they say I have. Will you check me and concur with that diagnosis and do you recommend the same type of treatment? So he got me on the table. He stuck some needles in the bottom of my feet, took a molyfilament and ran up and down my feet and over my ankles and he said uh, yes, you have diabetic neuropathy. I said would you write me a letter and um recommend the type of treatment that you would recommend? So he wrote the letter and he said I concur with the VA Dr Penn, podiatrist, dr Penn, he does have diabetic neuropathy, but I think the treatment might need to be a little stronger. Instead of the, I call them fiberglass, but it's some type of a fiber brace I recommend yeah, I recommended a I'd recommend a metal brace which goes underneath the heel of his shoe and his arch.

Ray Cobb: 17:59

So other than that, that was the only thing. Now here's a clencher. It cost me $120 out of my pocket because I had no other insurance except VA, so I paid $120. But that actually got me $700 or $800 a month. So that was $120 well-invested, along with about six or eight months of back pay, along with about six or eight months of back pay. So you know that was a pretty good chunk of money for $120 invested. Now, be honest with the doctor when you schedule your appointment. I've been diagnosed with this. I want a second opinion and make sure they know that at first, because some doctors will not give second opinions. Some doctors will only see you if you're going to use them as they're taking care of that.

Ray Cobb: 18:52

Yeah, if they're going to do the treatment. So make sure you understand that, so you don't waste your time and money, because you'll get there and they'll check you out and they'll agree with what you got and then they'll send you on your way without a letter or they'll write you a letter and if you do get a letter it says no, I disagree, he doesn't have this, he has this instead. Uh, and whatever he says you had doesn't agree with what you, what the doctor says, what your claim is. When you walk out the door, find the nearest trash can wad it up and throw it in and take that $120 as expenses.

J Basser: 19:28

Rod it off what you're talking about. Anytime you have to have AFOs, you're getting into higher levels of special monthly compensation, which is over and above 100%. Of course we discuss that all the time anyways. Of course, if you have diabetes and you're serviced next to your diabetes and you're still pretty new to the game and you don't have all these issues, but eventually you probably will. So it's better to keep this stuff in mind.

J Basser: 19:54

Now I'm not an osteodontist so I don't know how to prognosticate what you're going to do down the road, but things will probably change. You know, in the scope of the VA, as far as ratings, you know 20, 30, 40 years from now. It's because I always have, and I always will, maybe no major changes, but you know, once you get to that level and you have, you start to say they have to give you braces and that's basically considered a lost use of a feet foot and that requires a higher level of aid and attendance. You know, because you're going to have to have help anyway. So once you get to where you can't walk, you've got to have somebody to help you.

Ray Cobb: 20:31

Now, when I got my first one John, when I got my first one, I just had diabetic neuropathy and diabetic shoes, but I still went to the doctor in Tullahoma just to confirm that I had diabetic neuropathy Did they give you an extra K for that. Well, I'm not sure I got a 60% rating on one foot.

J Basser: 20:58

That's the same as loss of youth.

Ray Cobb: 21:01

Okay, they didn't give me the L at that time. They didn't give me the L until that time. They didn't give me the l until I got they might give you a k they might give you a k no, but they rated biggest issue but.

Ray Cobb: 21:14

But they read yeah, they rated me at 60 with diabetic neuropathy and then later on they gave me an l for loss of use of the foot. But that was two years later. It was two years after I first was diagnosed with diabetic neuropathy, before I had to start wearing, before I had foot drop and I had to start wearing braces. So that was two years later.

J Basser: 21:45

Well, that's good. The biggest issue is when you get rated for anything, regardless if it's diabetic neuropathy or hypertension heart disease, you have to make sure you're rated correctly. That's right. And so you've got to know what's wrong with you. You've got to know and you need to read your stuff. You need to get on to the notes in VAgov. You need to read your notes that the doctor's right Go down toward the bottom, bottom and all the diagnosis stuff you learned in the last two or three paragraphs.

J Basser: 22:16

You can see that you can look through some of the stuff. You know it's kind of to me, it's a different language but you get down to the assessment and the plan and that's where you start seeing the gravy and the gravy and the dumplings and the chicken. You know that's what you got to eat. You know you got to look at that because that's what controls the environment. That's how you stay on track and it helps you get your clan notified. You can look at that Then.

J Basser: 22:46

What I'd also do if you have time on your hand, which you need to make time I do it on evenings or weekends or whatever I'd get on the computer and sit down and I'd start looking up Title 38 CFR, part 3 and Part 4, and I'd start reading. You're going to have to read it more than once because again, it's a different language and you won't understand it the first time reading. You won't understand nothing. Once you get a little more comfortable reading it, start understanding little sections. It's kind of like reading the Bible. You know all the vowels and this and that Once you read the Bible enough, you understand what it's about. Very similar, kind of get a handle on it. It's okay, here's what I have and here's what the rig says. You should know about what.

J Basser: 23:28

You're going to be rated in the neighborhood anyways for what they say and the Quaternary Department believes the regs are boss. That means that it's a federal statute and yet they have to abide by that. Of course the VA uses an internal thing called the M-21, which is their working copy and basically it's a derivative off the Title 38, but you can't use it in the higher level appeals like the BBA or the court. They'll be like magic or lots of things to kill O'Neill. You're trying to shoot a shot over to kill O'Neill. They'll slap it out of there and get the thing out of here. You know I've seen them get mad and say get that out of here, I don't want to see that. So we don't want to take the M-21 to the board of the court, do we?

Ray Cobb: 24:16

Brad, you know, matter of fact, I wouldn't even look at the M-21. John, I found a good place for referencing the 38 CFR codes and the ratings is Princeton University Law School.

J Basser: 24:34

Oh yes they are very, very good.

Ray Cobb: 24:36

And for me, it put it in language that I could read and understand and you can go down through there, you can put in your diagnosis or what you want to look up, do a search and it'll pop up and you can read about it. But I found that that was, for lack of a better term, the easiest one for me to read and understand and you can get to it right there. You know you can Google it and it'll come right up and click it on and start looking and reading.

J Basser: 25:07

Occasionally they'll take a claim. You know that those students will take a bachelor's claim.

Ray Cobb: 25:13

No, I did not.

J Basser: 25:16

Yep, they used to. I don't know if they do it now or not. There's so much stuff going on now with these schools. You know things a little bit different, but I checked into it, you know. But so you got your help, and your help is telling you this and that they're doing this and that, and so they say, well, we got to send you out for an exam. So you get a little notification and, joe, veteran, you're going to go out to an exam and it's going to be exams that are going to be performed by let's use one out of there Veterans Evaluation Services, ves, and they'll contact you and they'll set up your exam.

J Basser: 25:52

You go through the exam, you have your exam, you go back home, you wait and you get your mileage check in the mail. So when you get your mileage check, you know it's already sent back to the VA. So then you call your rep up and say, hey, any movement on this claim. They'll tell you what's going on and he'll give you the information and you know you'll have your decision fairly soon. It depends on how complex your claim is and what issues you have and how fast they work it. And once you get your rating, look at it and make sure you're rated the way you think it should be rated and look at all the information that you get in your decision, because if you tell you what evidence they use and things like that and you know the evidence you submitted, so you can A, b, c, d and you see something that's not right, you can talk to your agent and you can appeal it. Or if you get denied you can appeal it. That's a big question.

J Basser: 26:39

Once you get a denial letter or you disagree with the decision, the appeals process goes to a whole different ballgame. They offer you three levels of appeal. Okay, the first level is called a high-level review, which means a high-level reviewer will look at it and it's sent out to a different office. It's the same person that did your thing. They look at it and they make another decision, send you for another exam or send it back to the regional office, or they deny it. If they deny it, you're going to have to go to the other pill process called a supplemental pill. Okay, well, basically, supplemental pill means that under a high level review, it's on its face of what they have. You can and you cannot submit new evidence but say you got some more medical tests you want to submit. So if you're in the supplemental end, you can now submit them. Okay, and they'll make a decision based on that.

Ray Cobb: 27:39

Well, another good point is that this needs to be explained. When you're at that higher level review, you're not allowed to point out anything that they may have missed. We're on a supplemental review. If you have an agent, or perhaps you can talk to the regional person yourself or you can at least submit 4138 that directs them to something in your medical records that you think or you wasn't mentioned, that they have overlooked, that you think or you wasn't mentioned, that they have overlooked. And to me that is a tremendous advantage with that supplemental claim, because you do have some input, whether it's new evidence or whether it's pointing out existing evidence that they did not look. I mean, come on, guys, when I first got into this working my claims, when I was about halfway through, I went down and asked for my medical records and they said well, we can't give them to you today. He said we'll have to burn you a CD. I said, okay. When I got that CD, it had almost 3,000 pages of medical records and notes.

Ray Cobb: 28:48

Well, what is it to time, john? Records and notes. Well, what is it to time, john? I think you know the time length that they usually give a guy 15 minutes, 20 minutes at the most to look at a case and build it or whatever. They don't give them very long. They can't sit there and take the time that you and I do, or someone else, to make sure that it goes right. So you know, you got to kind of look at yourself at that point and then, if you find something there, that's when you reach out to John Stacey and say who do you recommend to work this type of a case or who do you know that would be interested in this type of a case, and go from there yeah, you might give up 20% of your back pay, but it's better to give up 20% of the back pay and get $2,000 or $3,000 a month rather than to get zero.

J Basser: 29:45

He's talking about the accredited claims agent or appeals agents.

Ray Cobb: 29:48

Correct.

J Basser: 29:50

These guys are specialists in what they do. They basically have the same education level as most of the employees do. I mean, they take the test and they know what they're doing, and a lot of them are very successful. And you know, I know several of them who've had a bunch on the show and I'm friends with several of them. So you know, I know the ones that are, know the ones that are good at what they do. They're very busy. Don't get me wrong, though. A lot of guys have a lot of clients, but they're extremely busy. If you guys are looking for one, go ahead and send in a question to expose that at gmailcom and ask, and Rare R1 will jump on there and we'll put you in the right direction. Anyways, in the right area.

Ray Cobb: 30:32

Yeah, maybe even a couple, and that's something else. You're 100% correct. I would actually interview them or talk with them and you've got to feel comfortable with them and they've got to feel comfortable with you. And that's another important thing. I know that a couple that I had here locally didn't go with the first person I recommended A couple of different reasons. One I have no idea what was said, but anyway they just didn't quite match up. So the second one they matched up great and it worked out great and the guy won his claim. So there's sometimes. Another one was so busy he couldn't take it, but he referred him to another agent that was able to take him and help him. So it's a networking type of a thing that we can help the veteran do.

J Basser: 31:26

That's a good deal you know, and of course, I know several. It also depends on what the claim is all about too. Yeah, Because some. Of course I know several.

J Basser: 31:31

It also depends on what the claim is all about too, yeah, because some of these guys have got a certain level of expertise and you know you've got to focus on that because you know they've already done so many of these claims. They've already been to the court and been everywhere else, you know, or to the board. They've got a couple that can actually go to the court and practice in front of the court. So you know it's all pretty good Anyhow. That's the claim situation and going into appeals process in kind of a nutshell. We'll talk about the Board of Veteran Appeals. That's the third and final option you have. You can take the BBA claim. You can file straight to the board after you get a denial. You don't have to go through the HLR or the supplemental claim, like if they screwed your claim up. Go straight to the board after you get a denial. You don't have to go through the HLR or the supplemental claim, like if they screwed your claim up. Go straight to the BBA. Okay, and the problem is the BBA. They've got different avenues too. They've got direct docket review, which basically right now is probably 16 to 18 to 24 months, depending on the claim itself.

J Basser: 32:29

As far as the veterans being seen, there's the. You can go to DC. That's supposed to be the fastest route. I don't know the time limit on it yet, but you can take a trip out to. I'd go to Northern Virginia and ride the train in. I wouldn't go nowhere near DC. You can go over there and you can go to your hearing there at the Board of Veterans Appeals. You can rep and go with it. Of course you're not paying his way, but you know that's what it is. I used to have a travel board, ray. You remember the little travel board.

Ray Cobb: 33:02

That's what I went to the first time. That's where the guy played basketball in the room, remember? He threw the wadded-up paper around and bounced off of four walls before it landed beside my chair.

J Basser: 33:19

I thought he was trying to hit that guy in the head.

Ray Cobb: 33:22

Well, he does, and he missed and almost hit James Cripps who was sitting behind him.

J Basser: 33:27

Yeah, but James was busy kicking that chair. He was.

Ray Cobb: 33:32

We probably need to tell that so these guys would understand what we're talking about. Folks, I was in this travel board with a judge. My wife Pam was in there and a gentleman by the name of Milton Sweeney who was supposed to be my state rep, and then James Cripps was there as a supporter. I couldn't take an attorney but I could take a supporter, so James was there to support.

Ray Cobb: 34:02

Well, we started off and mine because it was Agent Orange exposed in the continental United States, had to be a direct exposure. It could not be an assumption. Well, milton Sweeney, my agent, started down the road of assumption and we were about halfway through it and James recognized where the judge was going by the questions he was asking and the way it was being answered. The judge was about ready, wasn't too far from making the decision on an assumption. And James keeps kicking the chair, kicking the chair about the fourth or fifth time, kicked it pretty hard and the guy jumped and the judge heard it. He said are we talking about an assumption or direct exposure?

Ray Cobb: 34:49

James and I both spoke up and said direct exposure and that state agent just sat there like huh, you know, deer in the headlights, look. And he whited that sheet of paper up that he had been taking these notes on for 30 minutes, reared back and threw it at. That agent went beside his head, bounced off of two walls. James had to duck and it landed in the chair beside me and he said let's start over. Open a desk drawer and this time pulled out a blue pad. The other was yellow Pulled out a blue pad and he said we're going to start all over again. And he started asking and the questions were totally different. But I ended up winning my case for Agent Orange exposure in the continental United States at Fort McKellar.

Ray Cobb: 35:41

But yeah, that's yeah, and that's the way it worked. That's the way that traveling board worked, and it was pretty good. You could go to Washington or you could do it on the local level, yeah.

J Basser: 35:54

Now they've got video conference right.

Ray Cobb: 35:56

That's correct. I've had two or three people here who's gone the video conference route.

J Basser: 36:01

That's the other step. Basically, I think that's taking the place of the tribal board. Is that correct?

Ray Cobb: 36:08

That's my understanding and it sounds like that's how it works, because the individuals that I knew here went down, they went down to the same office that I went to in the regional building and um went into a little room and they actually had a computer set up on a uh, you know, probably a oh, I don't know. I think mine's about a 29 inch tv screen here in front of me that I have on a large tv screen anyway, and that's where where you see the judge and the judge sees you. They have a split screen, just like we have now that you and I are watching, and so you can see the reaction. As things are said, you have a, if you have an agent, like the two people that I recommended here had an agent, and the agent is the third person on that screen and he takes the place of the local state agent, which I had, a local state agent, but now he took the place of that state agent and can really kind of except for a couple or three questions, handle the entire claim.

J Basser: 37:18

Yeah, they the entire claim. Yeah, they drive the truck.

J Basser: 37:21

I mean that's their job and they do it. Grandfather's very similar. He had his wife and his daughter to help him ambulate into the hearing. He had his rep, john Doley, who's a good accredited claims agent folks, but bad news is he's kind of retiring so he's not taking new cases. Then he had another guy that worked with him, dr Bash, and they had their hearing and let Dr Bash speak and he kind of explained his situation to the court or to the judge and it worked, and so they treated him pretty bad throughout his years either one or two of that and he got.

J Basser: 38:09

Of course he won and didn't live long enough to enjoy the money, but still, you know, the money helped the family out a whole lot and so we started with that and that kind of makes you, you know it makes you feel better. You know you don't want lot and so we started with that. That kind of makes you, you know it makes you feel better. You know you don't want to give up because basically, if you're down and out and your livelihood depends on this and you win your claim, that's probably the most happy you'll be in your entire life, besides the birth of a child.

Ray Cobb: 38:36

That's right.

J Basser: 38:37

And, but in your entire life besides the birth of a child. That's right. But the situation reverses after a period of about one to two months, once it sets in and you've done what you have to do and you realize you've got a good income coming in, you know you've got some money or whatever. Then you're going to go through a period of depression because now you realize that you're part of the boogered up boys club, and it does, because your first, next decision is what caused you to have a certain amount of depression, because you can't do what you used to do anymore.

Ray Cobb: 39:08

That's for sure.

J Basser: 39:09

And that's also a little rightful issue. Yeah, correct, but just keep in mind that's going to happen. It's not going to happen to me, it'll happen.

Ray Cobb: 39:22

And you know that's another thing. Great, john, I'm glad you brought that up, because what you need to do, guys, when that happens and it will happen, there's no question, I don't know what severity, Everybody's different but seek out some counseling. I mean, your primary care doctor is supposed to have a social worker assigned to you. Get with that social worker, get to working on that, because you may end up. If you end up like I did, I was so angry and so upset about it that I actually end up with what they called depression, with high anxiety attacks, and they gave me 100% for that about two years after that and said it was permanent and it still is. There's.

Ray Cobb: 40:14

Sometimes things can happen, not necessarily just with the VA, but the other day I had something happen with an insurance company and I flew off the handle just as if it was with a VA. Oh, I did so. It doesn't go away. You just learn. You try to learn to control it. Yeah, I recommend that you reach out and then, depending on what that social worker and primary care doctor says, you may even have a claim there. I know a lot of guys that have 30%, 40%, 50%. Then there's two guys I know have 100% Right.

J Basser: 40:49

I'm similar to both you, ray. They get mine on. They call it an adjustment disorder, depression anxiety but then they finally got it worked out and they changed it to full-fledged PTSD. They did it a couple years ago and of course, I got the stress report. So you know it took a long time for them to understand it, but it works out. Guys. I mean you know, and don't be listening to everybody. Talk, okay. If you've got a question to ask, get on them groups and ask their questions. Talk. If you've got a question to ask, get on them groups and ask their questions. Don't listen to nobody else. If you're 100% PTSD, the first thing people tell you they're going to come and get your guns?

J Basser: 41:29

No, they're not. The only way they will come and confiscate your weapons is if they determine through a viable source that you are not able to handle your finances and can't pay your bills. That changes everything a little bit as far as that, but most people with PTSD can pay their bills and they have somebody that does it.

Ray Cobb: 41:51

Yeah, or has somebody that works with them.

J Basser: 41:54

Family member son daughter spouse Sort of fiduciary.

Ray Cobb: 41:58

Yeah, they work with you. And another, the only other ways in which I've unfortunately experienced this with someone. A gentleman called me one night. He had PTSD. I'd helped him win a couple of claims a year or so earlier and he said I want to call you and I want to thank you. You know, but I'm fed up with this. They just denied me on this and that and I'm not going to go through all this again, I'm just going to end it. And I wanted to call you and thank you before I shot myself. I said shoot yourself.

Ray Cobb: 42:32

So we started talking and I was on the phone with him about 15 or 20 minutes and there's a knock at the door talking, and I was on the phone with him about 15 or 20 minutes and there's a knock at the door. Somebody's at the door hold on, let me see. So he gets up and he leaves the phone. I'm thinking, oh gosh, who is it? What's going on? And fortunately, before he called me, he called the VA and told them what he was going to do and the knock on the door was a gentleman with the sheriff's department and the guy picked up the phone said this is deputy Sheriff with Franklin County Sheriff's Department. Is this Mr Cobb? Yeah, this is Ray Cobb. Well, just wanted to let you know. We're here now and, yes, he did have a gun sitting beside him. We're going to take the gun and we're going to take him and get some help.

Ray Cobb: 43:14

So that's what happened, you know, don't know where he is. That was actually the last time I talked with him and that was at least three years ago, so I have no idea where he went or what happened to him. He was talking about moving out of state earlier to me, moving out of state where his brother was, so I don't know if that's what he ended up doing or not. I hope he did.

J Basser: 43:39

Yeah, I had a good friend in that situation and it's kind of sad. I mean, I helped him get his 100%. He actually got murdered in Alabama. He had PTSD and he blew up on somebody and the guy shot him. Yeah, he didn't make it. You know, he's a good guy too. He's a good guy too. He's a big fisherman. So it's pretty sad.

J Basser: 44:02

But one thing about having PTSD and these issues you have to train yourself not to let it run your life. That's how you have to do it. You gotta train yourself and always give yourself something to look forward to. You know, but that's how you have to do it. You've got to train yourself and always give yourself something to look forward to, you know. But you were talking about your issue. I'll tell you a little story about mine. I don't think Razor ever heard this story. I'll tell it. I'm not going to tell the whole thing because it's got a lot of bad stuff involved with it. Of course I was a good guy. I wasn't a bad guy.

J Basser: 44:43

I had several episodes of super high blood pressure and service. I had like seven, eight readings and six of those with bottom line was over 100. And that's class two hypertension. You know, any time your bottom line is over 100 and that's class two hypertension. You know, any time your body number gets over 100, that's pretty much hypertension. And then the first full service year I went to see my doctor and he said, son, you got hypertension. And he diagnosed me with that and told me I was fat. And he said we're going to control your blood pressure, we're going to try it with diet first. He said come back tomorrow and we'll check it again. I went back the next day and it was higher. So he told me what to eat and things like that, and then come back and see him.

J Basser: 45:27

Well, I actually had moved. I got a job with the government and moved with their physical things like that and couldn't go back to him. I went to another doctor here in another town in Kentucky my father would be that and couldn't go back to him. I went to another doctor here in another town in Kentucky. I filed a BA claim and they denied it because they didn't have the service records the old 3.156C issue, right? You remember those? Those don't have the service records and deny it. Yeah, I've seen those, yeah, and this went on for seven or eight years they couldn't find them. They finally found them. So I asked to reopen a claim based on the evidence you know and do it right.

J Basser: 46:04

I got a letter back saying that those records are not relevant anyway, so I became very depressed and let it go Give up on it.

Ray Cobb: 46:19

And that's what they want you to do.

J Basser: 46:22

Two years later I filed it again with a CFP exam and got rated and got back to a certain date. Didn't get everything I needed. But so later on I filed a. Couldn't have a mistake by error, claim a Q claim, stating that they're wrong by law. So they denied it, goes to the BBA and I sit there for 25 months waiting. They just looked at it and denied it. We asked them to reconsider it, denied it again. So I found me a lawyer, took it to court and they're still writing briefs. So the next one is due sometime this month. This is June, right, yes, but basically what they're saying is hypertension has to be measured three times on three separate days. That's well and good for now, but in 1990, god, almighty, I can. Good for now, but in 1990, god, I can't remember that. Back in the 1980s and 1990s the only three readings was basically for anything over 10% and you had to be compensable within the first post-service year and that should be a presumptive right, ray.

Ray Cobb: 47:35

Correct, that would be my understanding or my thinking anyway.

J Basser: 47:40

The regs changed and they started doing that. This is before the regs even changed. So that's the issue with the court. So we'll see how that goes. There's some other stuff going on too we're hobbling about, but I think it's fixing to work out. But I just finally got tired. I said, okay, let's just take it to court and see what happens. So we're seeing what happens and one of those agent attorneys I'm talking about is working on it Him and another law group and they're pretty good. So once everything gets settled and done, I can talk more about it. I'll give you guys some information if you need to contact them or whatever. I'm sure they'll appreciate it, and that's just one of many information that I have as far as service connections.

Ray Cobb: 48:20

The main thing, john, that you and I did and James Cripp did and Alex Graham has done. You don't give up.

J Basser: 48:56

Do what you gotta do Anytime you have an issue that aggravates you every time you think about it, because this situation, I mean the more I thought about it, the better I got. It's not healthy, guys. I sit down, what's going on? I went and collected every blood pressure Reed never had in every doctor's office that I could get him from. So I sit down anded and made a chart. I put the date, the blood pressure, where I had it done, at what they said, and I did over 98 of them throughout my entire lifetime, from the time I was an 18-year-old or 16-year-old or 17-year-old or whatever. Of course they had two readings I didn't know I took. I guess they just put them in there to make the numbers look lower. You know, I don't know how they did it, but to me that's kind of shady. And out of all those blood pressure readings, the bottom average is over 100. That's over 30 some years. I'm lucky to be here, you know. Yeah, of course that's Mm, hmm, mm-hmm, mm-hmm, mm-hmm.

J Basser: 50:57

So your blood pressure. Have you got your paperwork? Have you got it? It's time to get busy and ask for it. It don't matter, we need to see that. Basically, you're writing correctly, right? You're writing correctly now, because you don't get no higher, but, okay, mm-hmm, within the first post-service year, because you get out when what? Year 71. The regs basically were the same as mine were at the time. So, yeah, I'd get it, just for kicks and giggles anyways.

J Basser: 52:05

And look at it, you know. Yeah, I mean Mm-hmm, right, mm-hmm, yep, it was that situation. They didn't look at it and it was evidence that was in possession of the government and not submitted. That's a 3.156c claim. No, you can't use him until they deny it. And you've got to fight it, but you shouldn't have to. They deny it then, you've got to fight it, but you shouldn't have to. Well, when did they deny it? Okay, and what were you writing before you got your? Okay, okay, okay, okay, you need to look at that decision. You still got the decision, I know you do. Well, now you can go on to VAgov and look it up, read the evidence that they had and see if it's got it on it. Then you find that evidence that you've got and you see if they don't have it. Guess what? That makes it 3.156C. That's legal error. Okay, that's awesome. That is awesome. See, we learn something every day, right, yep, yep, mm-hmm, mm-hmm, mm-hmm, mm-hmm, mm-hmm.

Ray Cobb: 54:37

Mm-hmm, mm-hmm.

J Basser: 55:07

Mm-hmm. In my years doing this I've only come across one or two people that had an idea. The one that I think that's the most educated on this situation in the title 30 at CFR Park 3 and Park 4 is a guy named Bill Krieger. He lives in Virginia and he's an ex-Marine. He's fully retired now though. He's had some issues, but and the reason he knows this stuff is because he wrote most of it so and he's pretty sharp. He wrote most of them and he's pretty sharp. But I do want to say something, guys, before we close out the show. We've got about four minutes left.

J Basser: 55:47

We'll talk about independent medical opinions real quick. If you've got some medical issues and you get denied and you say you want to go into the supplemental lane, you need some help. Of course you've got a year to file your appeal. You know you can go ahead and do that, but I would think about getting an independent medical opinion at that time, because the VA is not going to help you. I can't come out straight up and say here, you do this or that one, but the one I do recommend is Valor for Vet. It's Bethany Spangberg's company, and you can ask for an IMO or an IME. The difference is the independent medical opinion is the O and the independent medical examination is the E, so you might have to go up and see somebody and be examined. I've seen her work. She does good work. She also has a team of doctors that do stuff and she's got people all over the place and she has a doctor that actually looks at her work and goes along with her and also, like Ray said, make a concurrent opinion and that kind of stacks it, because all you need to do to prove your claim is to prove 50 percent of the evidence in your paper. It's called the benefit of the doubt, relative equipments. That's the word that the VA uses.

J Basser: 57:10

And another quick point there is a bill right now in committee at the US House. This bill is probably going to go to the floor here pretty soon. It's going to be put out because some high-ranking officials are on top of it. It's a bipartisan bill, republican and Democrat. It is going to take the new and relevant evidence section out of the VA. It's going to do it and it's VA. It's going to do it and it's going to make them basically rate every veterans claim on its own merits.

J Basser: 57:49

Did you know that right? Okay, okay, okay, mm-hmm, mm-hmm, mm-hmm, look into it. Yeah, look into it. Yeah, it'll work. Yeah, better work. Mm-hmm, that's good. Okay, I'll send it to you. I'll just send you the. I'll send you the Stars and Traps article. It's got it on there, okay, but, folks, that's about all we got for. I'll just send you the Star. I'll send you the Star and the Traps article once I've got it on there. Okay, but, folks, that's about all we got for tonight. I hope you enjoyed the show. We'll see you next week with another guest and another VA topic. You know we don't run out of VA topics, do we, ray? Okay? Well, on behalf of Mr Ray Cobb and John Stacy, we'll see you next week. We'll be signing off for now. Good night.