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    • Do you know why they would retro me 1200 and then pay me my previous award amount this month. I checked my account and I have a pending deposit for the same amount I was when I was 90%. Trying to make sense out of this all.
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    • Folks: C-File Experience Update.....Despite all of my emails, letters to senior VA officials, phone calls, filling out new forms and etc over the last year.  The only thing that worked for me  was old fashioned time and waiting? After almost 300 days of waiting, I was informed this morning that my C-file is on the way to me via CD and USPS? Of course, last month, I had to file my first NOD without he benefit of reviewing the C-File which I believe put me at a big disadvantage.  But, I keep feeding new evidence into the NOD so the extended review/DE novo timeline may help me inn the long run? The NPRC in St Louis says that they currently have an over 80,000 C-File request backlog and are working 2 full shifts of 25 people to get it done. As we do the math, it's clear that it may eventually get a little better but as long as the requests keep coming in at this rate, it's going to be a long wait for everyone. It would be nice if the smc were  just linked it directly to MyVet Blue button, but I imagine that may be a security nightmare/ On the other hand, it's no different than the information that is already displayed on Bluebutton anyway if a vet is part of that system...? Anyway, I'm learning to be much more patient these days and maybe it's because I'm getting older....   Godspeed  Rootbeer22
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    • In my heyday, if someone told me I couldn't get there from here, I took that as a personal challenge that demanded that I try to prove them wrong. That's exactly how I got my computer and greenhouse on appeal. I read here often that a VRC said "Ain't gonna happen". Do you believe that? You're talking to a gomer GS-11 with no authority. They are spouting the party line and M28 R.  Let me explain. M28 is a manual-not a rulebook. It is a guide on how to interpret Chapter 21, 38 CFR. The law was laid down by Congress in 1982 in 38 USC 3120. There are 2,700 souls who are extremely disabled who entitled to ILP services every year. There is no limit on how many ILP you can have in a lifetime. Congress did not rule out greenhouses, woodworking shops or riding lawnmowers-VA's VR&E did-with no authority, I might add. This is a decision to curtail "freebies" to us that they think we do not deserve. You will find no law that says we are forbidden to get anything avocational. If you just roll over and accept what they say, you become another victim.  When they told me I was never going to get a computer to use for Asknod.org, I filed an administrative appeal. Six months later, I had a state-of-the-art Dell with all the bells and whistles and a teacher for 2 months. I call this the Win or Die technique. Never give up. Eventually, they have to deal with you or they have to go to the BVA/ CAVC and explain to them why you don't get a woodworking shop. Sorry. The M 28 does not trump the BVA  or the CAVC judge. I've proved that in spades. Follow the Yellow Brick Road.This isn't rocket science. Never accept no for an answer. ILP laws and regs were written to help us-not hinder.  https://asknod.org/category/independent-living-program/

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Stu Pidasso

Mental Health C&p Exam

5 posts in this topic

Hello everyone,

I have not been on here to post anything in a while, but I have been reading and learning. I had my physical C&P done today and my Mental Health exam done in February. While I was at the VA I figured I would go ahead and stop by the release of information office and get my C&P write up. I would appreciate any insight on what my rating may be, and any guess on when I may get my rating. I know none of us every really knows what the system is going to do, but a little peace of mind goes a long way. Thanks.

post-10064-0-56724700-1300756129_thumb.j

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Stu,

I read your attached C&P letter and it is obvious that the doctor beleives you have severe PTSD. His 'More likely than Not occured due to Iraq service" comments gives you the benifit of doubt that the PTSD is service connected, thus the VA will be hard pressed to not accept this as a valid claim.

As to your rating that will be determined using all evidence the VA has, including this C&P and any military or civilian medical records it has. I would hazard a guess, using the VA rating tables (see this LINK) that you lie between the 30% and 70% range.

As to how long it will take? Could be as little as a few months. Could be many years. Really depends on your specific case, how many other issues you are claiming, wether mistakes are made on the claim (by you or the VA) and wether you have to file a NOD or appeal.

I wish you good tidings in resolving your issues so that you can properly function again. That has been my goal from day one with my depression. Has been a 10+ year battle, but I am gaining a little ground each day.

Take care.

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Stu,

I believe this came from a MH professional which is good.

For clarification, regarding a post in this thread "the benefit of doubt" is

not for application in this situation or with the evidence shown in the post.

This progress note clearly shows a diagnosis of PTSD and a nexus that it

is the result of active duty service.

Here is a link to the schedule for rating MH disability's at the different

percentage levels.

These were not addressed very well in the Progress Note, in my opinion.

http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/38cfr4.130.pdf

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Are you working and if nt how long since you were able to work. Do you get Social Security and if not working you should apply for it.

Good Luck

It appears that you have PTSD linked to your service by this C&P.

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I have not worked since last March. I am currently in school trying to change my skill set so I can get a different job. I have some physical issues as well. My C&P exam was done for the physical stuff yesterday. It was discovered from an x-ray yesterday that I have arthritis in my spine. In my claim letter I mentioned a ruptured vertebrae in my cervical spine area. I was not aware of the arthritis. I hated to hear that. My mental health C&P exam was done by a psychologist. She works for the the VA. I did not think that she like me very much and she had me worried. I suppose I made her a bit nervous.

Are you working and if nt how long since you were able to work. Do you get Social Security and if not working you should apply for it.

Good Luck

It appears that you have PTSD linked to your service by this C&P.

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