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How to Get your VA C-File

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    • How to get from SMC L to R2 in six months
      Hot Damn  way to go Kev & asknod ching chang ching chang all the way to the Bank    ................Buck
    • Sleep apnea denied
      3.400   General. Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later. (Authority: 38 U.S.C. 5110(a)) (a) Unless specifically provided. On basis of facts found. (b) Disability benefits—(1) Disability pension (§3.3). An award of disability pension may not be effective prior to the date entitlement arose. (i) Claims received prior to October 1, 1984. Date of receipt of claim or date on which the veteran became permanently and totally disabled, if claim is filed within one year from such date, whichever is to the advantage of the veteran. (ii) Claims received on or after October 1, 1984. (A) Except as provided in paragraph (b)(1)(ii)(B) of this section, date of receipt of claim. (B) If, within one year from the date on which the veteran became permanently and totally disabled, the veteran files a claim for a retroactive award and establishes that a physical or mental disability, which was not the result of the veteran's own willful misconduct, was so incapacitating that it prevented him or her from filing a disability pension claim for at least the first 30 days immediately following the date on which the veteran became permanently and totally disabled, the disability pension award may be effective from the date of receipt of claim or the date on which the veteran became permanently and totally disabled, whichever is to the advantage of the veteran. While rating board judgment must be applied to the facts and circumstances of each case, extensive hospitalization will generally qualify as sufficiently incapacitating to have prevented the filing of a claim. For the purposes of this subparagraph, the presumptive provisions of §3.342(a) do not apply. (2) Disability compensation—(i) Direct service connection (§3.4(b)). Day following separation from active service or date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later. Separation from service means separation under conditions other than dishonorable from continuous active service which extended from the date the disability was incurred or aggravated.
    • Sleep apnea denied
      I was denied sleep apnea because i had no proof it occurred in service ( i was diagnosed with OSA 23 days after i ets'd thats not suffice time to develop sleep apnea) and the case was closed a year later since i didn't submit a appeal ( i was oblivious as to how appeals and everything worked). I tried once more and was denied because i had new evidence but nothing saying or showing it was in service. I was told a year after ets date is considered in service but vso's tell me that not true. Im researching cases online and iv'e seen people get sleep apnea four years after getting out and i also have buddy statements to send because i am appealing it. Any help i can get on this is greatly appreciated.
    • My Appeal in Atlanta
      j92mike, I had a C & P Exam done in Oct 2015, I'm still waiting a decision from Atlanta VARO
    • How to get from SMC L to R2 in six months
      As promised, I attach a big winner. I've never found so many CUEs under one rock. Kev's DRO reviewer called him up to tell him he knew more about SMC than she did. My name never came up fortunately. Redacted DRO for R2 for Kevin.pdf
    • Social Security disability
      Beware of the Federal Windfall Provision at where civil service employees who get SSDI lose half of their SSA and 60 percent of their retirement just because of a mistake by the congress. Even though the recipients pay into both systems. J
    • My Appeal in Atlanta
      A little on my timeline. My original claim was filed in June 2010 upon exit of the Army. In July 2012 I got 30% for TB and everything else was denied. At the time I was in a really bad place and hired a lawyer. He submitted an NOD and almost a year later my appeal was canceled because the NOD was written incorrectly. Before the deadline he had another one on the way which was accepted. I chose a review with a DRO someone I could meet with face to face.  That meeting came in September 2015. My lawyer wasn't notified and no letter was sent until after my hearing was already over. She my DRO Ms. Thomas seemed like a nice person. (I'm being treated at an outpatient patient clinic in Athens and maybe the smartest thing my lawyer has done was had my mental health provider rate my condition. I waited until the day of the DRO hearing to see what she marked....70%. I was a little sad by this but I know I have some things to work on.) At my original mental health C&P the doctor marked that I did have a mental health condition at the 10% level but the person rating still denied me and did not give a reason. Ms. Thomas said that I should have been rated on several other conditions coming right out of the military there was no way those conditions could have developed outside of service. Of course she mentioned this only after the hearing was over. It was in December 2015 when I was scheduled for additional C&P exams. At my original exams the Doctors did not have my records.  I am appealing Low back condition, neck condition, knees, anxiety and depression, elbow. I went to QTC and the doctor who did my physical seemed to be in a hurry she was almost half hr late and rushed through everything. She also made it seem like it was the size of my breasts that caused my issues. I really wanted to punch her in the face.  The Doctor that did my mental health exam was kinda laid back, I honestly was not expecting it. Because the Dr who did my first C&P seemed cold and heartless. I also got some xrays done which won't show anything cause I know I needed an MRI.  On February 3rd 2016 my case was officially ready to rate. Here I am three months later...waiting like Uncle Sam taught me to do.  I haven't been able to see my provider in a while and won't be able to for several months. So I came here. I'm a little more clear minded than I was a few years ago. I know pending case load and all the conditions I filed for will factor in how long it takes to get a decision back but sometimes I just feel like it hasn't been rated cause they set my file on fire. I feel forgotten to say the least but I know that I'm not the only one, and I know that there are people who have been waiting much longer than me. Anyway, can anyone speak on how long they've waited from being ready to rate to when they actually received a rating? Apparently that's the only thing Peggy doesn't have a timetable for.   -Natalie
    • IRS saying I owe them $$$
      Received a letter today from the IRS and they are stating that since my students loans were discharge/foregiven I now owe them some $$$ because I didn't add the student loans discharge as income to my 2014 taxes. My student loans were discharged because I became too disabled to work and I was awarded TDIU retro back to July 2013. What are my options? Should I go ahead and pay it or is there something like a benefit for disabled veterans so this should not be included as income?    
    • Will SSDI help TDIU go to P&T
      Thanks for the help, so what protection does P&T give you and is the same if you are TDIU P&T or Schedular P&T.

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Depression Secondary To Shoulder

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Citation NR: 9615910 Decision Date: 06/06/96 Archive Date: 06/18/96DOCKET NO. 95-36 296 ) DATE ) )On appeal from theDepartment of Veterans Affairs Regional Office in New York, New YorkTHE ISSUEEntitlement to service connection for a psychiatric disability, secondary to a service connected right shoulder disability.REPRESENTATIONAppellant represented by: Veterans of Foreign Wars of the United StatesWITNESS AT HEARING ON APPEALAppellantATTORNEY FOR THE BOARDK. Johnson, Associate CounselINTRODUCTIONThe veteran served on active duty from August 1976 to February 1978.This matter initially came to the Board of Veterans’ Appeals (Board) from an August 1993 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida, which denied service connection for depression secondary to the veteran’s service-connected right shoulder disability. Although the RO in St. Petersburg, Florida made the initial determination, in February 1994, the veteran’s claims folder and claims were transferred to the RO in New York, New York, based on the veteran’s change of residence. The Board also notes that the veteran has raised the issue that his depression, claimed to be secondary to his service-connected right shoulder disability, has rendered him unemployable, and has filed an unemployability claim. The issue of veteran’s entitlement to unemployability benefits based on service connection for depression secondary to his service-connected right shoulder disability is not inextricably intertwined with the current appeal, and the RO has made no determination regarding the unemployability claim. Therefore, it is referred to the RO for the appropriate action. REMANDIn 1977, during service, the veteran sustained an injury to his right shoulder, and underwent surgery. In 1988, the veteran underwent another surgical procedure to improve his shoulder mobility. Since that time, however, the veteran has experienced residual pain and loss of range of motion. In February 1988, the veteran was granted service connection for his right shoulder disability. An April 1988 VA medical report noted that the veteran was hospitalized after an attempted suicide, and was given a diagnosis of adjustment disorder, with depressed mood. In July 1988, the veteran was afforded a personal hearing regarding his service-connected right shoulder disability, and raised the issue that his depression was related to his shoulder surgery. He testified that he had been under the care of psychiatrist.An August 1988 VA examination for rating purposes noted that the veteran had been suffering from depression. The physician who conducted the physical examination, reported that the veteran had a status post reactive depressive personality disorder, maybe related to his continuous pain and limited mobility of the right shoulder. The psychiatric examiner noted the veteran’s reporting of several months of intermittent dysphoric periods associated with stressors, including bills coming due, the inability to work due to his right shoulder disability and pain, car troubles, and not adequately providing for his family. The examiner noted that all of those social circumstances combined to produce intermittent periods of dysphoria. The examiner gave a diagnosis of continuous alcohol abuse, adjustment disorder with work inhibition and the presence of depressive features. This is the last VA examination of record that included a psychiatric evaluation.A January 1989 VA examination report noted that the veteran had chronic pain syndrome. It was also noted that there was a 15 year history of chronic ethanol abuse, and a history of adjustment reaction with depressive state. A February 1989 VA medical report noted a diagnosis of chronic pain syndrome of the right shoulder, and reported that there was the possibility of the associated depression bearing on the pain syndrome. Private physician reports, dated from June 1992 to August 1992, noted the veteran’s medical history regarding his right shoulder and chronic pain. The reports noted diagnoses of depression and anxiety, and the August 1992 report noted a diagnosis of recurrent depression with delusions. VA outpatient treatment reports also note that the veteran continued to seek treatment for his depression and anxiety. In view of the need for an evaluation which clearly defines the nature and onset of the veteran’s depression and anxiety, and since the last VA psychiatric evaluation was conducted in 1988, the Board has determined that, the veteran should be afforded a VA psychiatric examination. The claims folder should be made available to the examiner prior to such examination. In view of the foregoing, and in order to fully and fairly evaluate the veteran’s claim, the case is REMANDED to the RO for the following development:1. The RO should obtain the treatment records from all VA and non-VA medical care providers, which are not currently associated with the veteran’s claims file. After securing the necessary release for any private records, the RO should obtain these records, and associate them with the veteran’s claims file.2. The RO should schedule the veteran for a VA psychiatric examination. The claims folder should be made available to the examiner for review prior to the examination. The examiner should give a diagnosis of each psychiatric disorder that is present. For each disorder that is present, the examiner should state a medical opinion, based on the entire medical record, as to whether it is more likely than not that the disorder is the result of the service-connected right shoulder disability.3. The RO should readjudicate the veteran’s claim for service connection for a psychiatric disability, secondary to the service-connected right shoulder disability. If the determination remains adverse to the veteran, he should be provided a supplemental statement of the case which includes a summary of additional evidence submitted, any additional applicable laws and regulations, and the reasons for the decision. The veteran and his representative should be afforded the applicable time to respond.Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if appropriate. The veteran need take no action until he is further informed. The purpose of this REMAND is to obtain additional information and to afford the veteran due process of law. The Board intimates no opinion, either factual or legal, as to the ultimate conclusion warranted in this case. G. H. SHUFELT Member, Board of Veterans' AppealsThe Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741 (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board.Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1995).- 2 -

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