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How to Get your VA C-File


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    • One of 11 Items remanded to AMC
      I assume you are seeking SMC? If you give us the remand Docket number, it might be posted at the BVA site and maybe we could help understand this more.
    • Finally got my 100% for Malignant melanoma
      This is Great and John Dorle is fabulous!
    • DRO hearing
      "Am I correct to say they are just trying to low ball me severely knowing it would put me over the SMC and P&T threshold?" I would assume you are Correct. I had a hell of a fight over an obvious legal error regarding SMC. They even tried to get me to accept a regulation they made up. It didn't work. But the battle took over 6 years because they are illiterate. I had a P & T issue as well but had significant evidence for that award.Did Dr Bash state any rationale in the IMO that should have warranted P & T for the 100%?   "On the original decision the RO stated it was not diagnosed. This is wrong because they had in their hands Dr. Bash's IMO which showed the diagnosis then in 2013 whenever the VA Surgeon finally diagnosed it they still are denying me but the only reason they gave so far that it was not diagnosed." Since they had the IMO in their possession,that definitely appears to be a CUE under 38 CFR 4.6. Can you scan and attach here the reasons and Bases and Evidence list of the decision that prompted the denial?(Cover C file # prior to scanning)          
    • Raynaud's / Cold Injury Claim. Need Help
      For the recent poster: This is one of 1772 decisions at the BVA regarding service in Korea and Frostbite Some of this vet's STRs were missing but the remand shows what the VA is seeking, as to his treatment records: http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files1/1603109.txt Broncovet is right -maybe a mod here can move your questions into a new topic. Since most of the burned St Louis fire records involved USAF vets, the VA often sees USAF and goes no further than that to state the records were burned. They will need all of your treatment records for this condition.  
    • CLAIM COMPLETE--Frm 80% to 100% Comb Rtg
      That's what I would call an informative post. After you get the Official Award Letter, listing all the Evidence Reviewed, decide when the evidence supporting the increases was actually in your VMC records. As it stands now, looks like your Retro pay will be back to the 05/15 Effective Date. If your VMC Med Recds indicate an earlier date, get with a Seasoned VSO Rep at your RO and discuss an Immediate Official Review for CUE on the EED. May or may not work. You will still have till 02/01/2017 to file your NOD if needed but give the Review for CUE a couple months, can't really hurt. Using only the NOD, Filed Today, you'd be lucky to have a DRO Review Decision before early 2018, DRO Hearing 3+ yrs and BVA 4+. Use your above Award Letter to sign up for VMC Dental services at your 1st opportunity. If your State offers a 100% DAV Property Tax Exemption, file for it. There's another Letter on your E-Ben account that just says your 100%, without the breakdown of conditions. That letter will be sufficient for the State Property Tax Exemption. Last but not least, get your DOD ID Card from a nearby Military base. Apply for the FREE $10K VA Life Insurance policy and complete the application for your Wife's CHAMPVA. Wouldn't hurt to apply for the VA Independent Living Program, some great benefits are available, check it out. Semper Fi
    • Sleep Apnea Claim
      VA is reluctant to award Sleep apnea claims.  There are 2 keys, as I see it, to winning sleep apnea claims. 1.  Make sure you have all of the big 3.   Check your records, dont rely upon your memory of what happened, as doctors may have written down something different than what you think or may have not written anything at all, or your records could be missing, or shredded.  Big 3:  Current diagnosis of sleep apnea,  in service event or aggravation, and nexus or link between the previous 2.   2.  Be ready to appeal and persist until you win, with the applicable evidence.  This may mean you have to get an IME/IMO if your VA doc wont give you a statement connecting it to service.  It also probably means a long fight.       In my experience, VA will provide a CPAP machine even if your disorder is not service connected.  I got my CPAP at VA, and I have not yet gotten VA to concede that my apnea was secondary to depression, even tho my sleep doc said it was.  That is, I have a nexus, and a bogus denial.  Persistence wins when other stuff does not.  
    • Raynaud's / Cold Injury Claim. Need Help
      Jlirth     Based on what you posted, your decision is bogus.  If your disorder has symptoms of 2 or more diagnosis, then they do need to go with the one that benefits the Veteran the most.  You need to file a NOD disputing the percentage(s) relative to both diagnosis.      As Berta mentioned, "your records were destroyed in the 1972 fire" is often a bald faced lie.  How does VA know whether there was another copy of the records somewhere even if they had a witness who saw your records actually burn (unlikely) ?  Its actually a logic error trying to prove a universal negative.  Its like saying, "I lost my keys and they are nowhere on earth."   This is almost universally not true.  Your keys are SOMEWHERE, even tho you may have gone to great lengths to find them.  Sure, they could be in a landfill or could even have been melted down, but even then they are somewhere, even tho they may not be usefull in their present state.   More likely, your keys, just like your records, are in a place you have not thought of yet, or not searched thoroughly enough, sometimes do to laziness.       This is the first stage of VA's "3 card monte", where they hope you wont appeal.  In my case, they denied because it was "too long" since service.  The time since military service is not one of the criteria for hearing loss.  It was a bogus, made up criteria, by the rater to delay and deny, as is yours.       To overcome this, you need corroborating evidence.  Try to find the files yourself, dont rely on VA in their weak "duty to assist".   Even if you can not find the files, ever, its still possible to get SC.  Alex Graham, for example, suffered a GSW in Vietnam.  However, there apparently was no record he was in Vietnam, at least according to early VA denials.  I think how he proved he was in Vietnam was that he was sent TAD from Nam, if he was sent from Nam, then he had to be in Nam.  Alex can correct me if I had that wrong.  I think it was last year that Alex won benefits back to 1994, which was mucho wampum over a half million.        Many/most of the rest of us here on hadit are in a similar fight to overcome a bogus denial, or, have already done so.  
    • Raynaud's / Cold Injury Claim. Need Help
      Vern     Welcome to hadit.      Please "Start a new topic" and ask your own question in a new post.  This is to prevent the confusion which arises when we dont know if answers pertain to your question or original poster.   You will get more answers than having your question buried in someone elses post.  
    • Raynaud's / Cold Injury Claim. Need Help
      "No records from Korea and my full records were in the fire in 1972" If VA said they were destroyed in the St Louis fire, best to check that your self. Go to www.archives.gov - the NARA site, and fill out an SF 180 and follow their instructions. Keep a copy of the print out thing you need you sign and mail to where they direct you to. I have helped a few vets ,who were told by VA the same thing, to obtain their complete SMRs from NARA. Sometimes VA will state the fire etc etc but never attempt to even try to get the records. They stated this to  one vet I know personally who enlisted AFTER the fire. I assume your DD 214 shows overseas service. In that time period for Korean you can obtain weather reports on line for the day and night temps and hopefully you could narrow that down to exactly where you were at. I did this type of research for a thesis I did for AMU on the weather  at Normandy area , close to and during D Day.I found the actual reports on line independent of what reports Gen. Eisenhower and what Hitler had.Lots of time consuming research but well worth the effort for my grades in school. A good IMO doc needs to follow the IMO criteria here at hadit and also state that no post service experience (like living in Alaska etc) could have caused this disability. Would the doctor who diagnosed this condition you have be willing to do an IMO?          
    • Sleep Apnea Claim
      EODCMC,   Same here, just went to gathering evidence or as we like to call it gathering dust stage!!! First of all, was it a standard claim or a FDC so called fast claim? If it was a FDC (fast claim) then the expected wait time should be posted in the claim application. Probably around 6 months. Either way, this is usually the longest stage of the game, so sit back and relax and find a good hobby that will take your mind off this process. Many a vet including myself have driven themselves crazy by looking at ebenefits every hour expecting it to change. By what you are saying you should have no problem getting your claim approved but, you never know with the VA.  Anyway, Welcome to the HADIT Family!!!!  Spend some time researching stuff here and remember knowledge is power when it comes to the claim game!!!                                                                                    Silver

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Mooshi

Ptsd And Ssdi

20 posts in this topic

I have a question on this combination. I am 30% disabled for PTSD and just recently got my Fully Favorable letter for SSDI after the third try. Since my VA paperwork means nothing to the SSA, does my SSDI letter mean anything to the VA? I am basically asking if I can now raise my 30% rating for PTSD now that I got a Fully Favorable letter from the SSA. Also am I eligible for anything else? Do I also file for SSI while I am waiting the 30 to 60 days for my pay rate for SSDI or what do I do?

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Mooshi

You can not get ssdi and ssi. ssdi is total disability, ssi is a supplament for ss retirement when that check is below poverty level. if ssdi is based on your service connection disability than it could help.

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I have a question on this combination. I am 30% disabled for PTSD and just recently got my Fully Favorable letter for SSDI after the third try. Since my VA paperwork means nothing to the SSA, does my SSDI letter mean anything to the VA? I am basically asking if I can now raise my 30% rating for PTSD now that I got a Fully Favorable letter from the SSA. Also am I eligible for anything else? Do I also file for SSI while I am waiting the 30 to 60 days for my pay rate for SSDI or what do I do?

Mooshi,

What is your SSDI award for, is it the PTSD?

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Mooshi,

What is your SSDI award for, is it the PTSD?

Yes. It is for PTSD, major depressive disorder(same as PTSD?), and non service connected Sleep Apnea.

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I dont think you can file for SSI since you have been awarded SSDI benefits-

because the retro SSA disability check would limit you for SSI for that retro period-anyhow

"does my SSDI letter mean anything to the VA? I am basically asking if I can now raise my 30% rating for PTSD"

Yes if they awarded solely for the SC PTSD.

Same as my husband-30% SC, then award from SSA solely for PTSD , then 100% SC P & T for PTSD from VA.

Everytime I post this as personal example- I forget and have to add-

I do not recall anywhere that the VA used his PTSD award from SSA.They didnt even attempt to get those records until we took action on that.

The SSA award he got was based solely on VA medical records.

When the VA continually ignored some extensive psychiatric tests he had done , I told his shrink and the shrink wrote a letter to the VA mentioning he had received SSA for PTSD and the shrink gave me copies of the psychiatric records the VA had not considered to send to them.The 100% SC PTSD was a posthumpous award.

Make sure that the VA does obtain those SSA records (even if they are all VA records)

as the SSA determination is in essense an independent medical opinion that they must consider.

(Washington V Derwinski)

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I just got back from VA and DAV. I even had the SSDI letter which they didn't even want to look at. I was a bit confused. DAV told me since I am 30% PTSD with SC I would have to get another C and P exam to get to 70% before I could jump to 100%. What are they talking about? Very upset right now. I made a call to my local Congressman's office and they invited me to meet them tomorrow. More to follow I guess.

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Mooshi, your SSDI letter only will help you get 100 percent. You still have toi file for it unless your within the 1 year to appeal period and you can present the SSDI award as evidence. Ask for expiditious treatment. I had to max out a credit card in order to live during the months I waited and Paid it off with the retro.

Bottom line is the VA will get ir right but they will take their time in doing so. It is a system wide problem.

Hang in there.

J

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mooshi you stated that your SSD is based on PTSD and non SC sleep apnea the VA will NOT even address your sleep apnea as a basis for TDIU and the per the rep who told you that TDIU is out until you get your PTSD rating raised to 70% the VARO and the BVA both will probably deny the TDIU SS looks at all your medical problems and decides if you are totally disabled the VA only looks at SC issues and you stated your SSD is based partly on sleep apnea that is not SC that right there is the out for the VARO to deny you TDIU get your PTSD rating increased and have the treatment notes show that you have worsened in PTSD the VA is not going to give you 100% for non service connected medical issues being mad is not going to help you calling your congressmen and senators are not going to help you need evidence to show your SC issues have worsened sleep apnea is going to be a hurdle that the VA is going to use so get the PTSD percentage increased the system works if you work with it and not against it

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My case is the same as Berta's husband. I am merely trying to get information. I now have my award letter for SSD. I am still 30% SC for PTSD. What is my next step? I have already went to DAV at the local VA office and they told me I need another C and P exam and that might be another 9 to 12 months. I think this is total BS.

Mooshi

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"I just got back from VA and DAV. I even had the SSDI letter which they didn't even want to look at. I was a bit confused. DAV told me since I am 30% PTSD with SC I would have to get another C and P exam to get to 70% before I could jump to 100%."

Technically that is correct.

"My case is the same as Berta's husband."

But my husband got SSA solely for PTSD.

In past posts here I might have confused this issue.He had been given SSA originally for a Sec 1151 stroke but we challenged that.I found that SSA had broken one of their own regulations and we filed for reconsideration.SSA then changed the award and gave more favorable EED as the evidence for total disabling PTSD prior to the stroke made the other award a moot issue.

So his standing legal SSA award was for PTSD only.

BTW-even though he died during process of his claim for higher rating of the 30% SC that VA gave him for PTSD-he got a "C * P" exam too that resulting in a 100% SC P & T rating for PTSD posthumously.

Actually he got about 4 or 5 "C & P" exams after he died.

Basically the VA did so called medical reviews of the evidence they had and the vet could not be present due to his death.

On the SSA- my husband's medical records from various VAs since his diagnosis of PTSD,as well as considerable evidence I submitted from the Dept of Labor and even an EEOC case he had filed against VA all become significant to the SSA award for PTSD.

This was evidence that VA had ignored or disregarded.

SSA also obtained his VA psychiatric test results, Combat related MMPI, Weschler, Hand , and three other types of psychological tests, as well as his medical hypnosis records.

His VA shrink had written up these test results as indicating catastrophic levels of PTSD hindering substantial employment.

This was part of the last C & P in his lifetime as the VA had to separate the organic brain damage he had from strokes from his PTSD.

Of course the VA ignored all of these critical medical records for years but could not withhold them from the SSA.

I think I incorrectly focused here on your first post

"have a question on this combination. I am 30% disabled for PTSD and just recently got my Fully Favorable letter for SSDI after the third try. Since my VA paperwork means nothing to the SSA, does my SSDI letter mean anything to the VA? I am basically asking if I can now raise my 30% rating for PTSD now that I got a Fully Favorable letter from the SSA. Also am I eligible for anything else? Do I also file for SSI while I am waiting the 30 to 60 days for my pay rate for SSDI or what do I do?"

and I must have assumed the SSA was solely for PTSD and I apologise for that.

The sleep apnea- have you filed for that as secondary to the PTSD? Has any doctor suggested that this is it's cause? or are there other factors causng it?

VA will probably get the SSA records. They could reveal that SSA determined your level of PTSD would warrant a higher rating from the VA.

If you can get your sleep apnea service connected to your PTSD then your SSA award would have more probative value with the VA.

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A few thoughts, take them as you will. When I applied for SSDI the SSA clerk said office procedure was to apply for SSI first. Thought about that, only makes sense. After denial came in for SSI she processed me forward for SSDI. That worked. Approved for ssdi with SC condition rated at 60%.

With the VA, its timing, regulations and medical proof. So if you file for increase, do it soon, think 'compensation for the average impairment in earnings capacity resulting from the disability' my paraprhase from 38 CFR 4.1, Essentials of evaluative rating. Meaning, I think, ratings are measure of income lost or displaced.

Note, if you have any other confirmed or unconfirmed but suspected health conditions that result of ptsd, add those specifically as well.

If you have urgent needs, unable to work or get income, ask for swift consideration (or ask you DAV vso the correct wording that works best). If you aren't working, don't have income, thats urgent, isn't it?

Best to ya,

Cg

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I already tried for the SSI and and my attorney immediately told me to drop the claim for it. The reason being was that I wasn't working and it would affect my SSD. The only thing the SSD has me for is the PTSD. Even though the VA gave me a CPAP machine for my Sleep Apnea, they said it was not service connected. Sounds dumb, but that is what happened. So my SSD is based on PTSD and NOT Sleep Apnea of any sorts. Just clarifying the information here. So, if my SSD is based solely on PTSD and so is my 30% service connected PTSD, what do I do next?

Mooshi

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OK-I was worried that I had misunderstood your post-

"So, if my SSD is based solely on PTSD and so is my 30% service connected PTSD, what do I do next?"

File for TDIU and wait for them to address that claim.

My husband got the same crap from the DAV years ago. The day he got the SSA award solely for PTSD,I called his DAV rep and the rep acted like the award would not matter to his claim.

An SSA award is actually an independent medical opinion and it should be addressed by the VA as highly probative medical evidence. (Washington V Derwinski)

Have you formally applied for TDIU yet with the 21-8940 form?

The DAV should have given you this form as soon as they learned you are getting SSA solely for the PTSD.

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I went to the VA and DAV when I got my Fully Favorable decision. It was before I got my award letter. The DAV rep would not even look at my letter and never offered me ANY form. I have no idea what TDIU is but will look into it and the form you mentioned. Thanks for all the help! More to follow.

Mooshi

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You need another Rep.

Can you work?

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No, I cannot work at all.

Mooshi

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No, I cannot work at all.

Mooshi

Ask for 100% TDIU and Social Security

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I went to VA today and was told since I am only 30% SC PTSD I can't even apply for TDIU since I am not at least 60%??? The lady "helping" me didn't even want to take and make a copy of my fully favorable letter or my award letter from Social Security Administration. I finally told her I wanted to submit the paperwork as evidence to try to get an increase in my rating.

What the heck is going on there in VA? I am getting more and more frustrated every time I go there. I feel like every time I go to VA the people with the cushy jobs could give a crap about the rest of us. No wonder a lot of people just give up. I love how we got used for our service and then just tossed to the side when they are done with us. I feel like an NFL player that never made the monster salary but got used for all the work!

Mooshi

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For those that know a lot more about this than I do...

Since Mooshi's at 30% and doesn't seem to be getting anywhere, could he ask for a PTSD rating increase based on his SSDI determination and the exams they did?

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The point is lost on the VA numbskull the rating of 30% needs to be looked at. Your social security award should indicate even to a moron that 30% is not enough.

Ask for a reevaluation or appeal your award if less than 1 year

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