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    • yes thats correct brokensoldier244th Also I usually check my appointments in MyHealthyvet   by useing the ''bluebutton'' and clink on VA Notes  & future appointments.
    • As for Dr. Gail Poyner, I was convinced she did my initial C&P exam, but after receiving my C-File, I learned it was from a Dr. Rosco. I'm not sure if I saw her during another visit or if they just look alike. Sorry for that bit of erroneous information.
    • Berta,  Thank you so much for your reply. Yes, I have filed a NOD for the latest PTSD rating and effective date and for my TBI rating decrease. Here is my 2009 decision letter.   2009 - Decision1.pdf
    • Yes , this article quotes her as saying she was fired: http://www.scpr.org/blogs/health/2014/08/04/17100/are-some-veterans-exaggerating-or-lying-about-thei/ I guess she was a QTC doctor? You have the CAB and even if it was issued after VA knew you had it, this is a disgrace. How many other combat vets ( men and women) did she screw for  PTSD claims? if we can see their words in the PTSD denial, we can help more. Personally I think any C & P done by someone who has been "fired" should be a good cause for a better EED. But I saw her name in many articles and cannot determine if QTC or the VA itself fired her and if the firing was specifically for misinterpreting PTSD claims. You certainly should try for a better EED. The diagnosis was obviously wrong from her, but the diagnostic code might have been right.      
    • I just found one of your past posts and regret I never read it that time: Holy S---! in part:
      "Hi Everyone, I am a first time poster. I have been reading this site for a few weeks now and have found it very helpful. This is my story. I served 9 years in the Army National Guard. I deployed to Iraq in March 2003 until March 2004 as a truck driver and witnessed many things. I received the Combat Action Badge (a year or two later when it was created). I was on several convoy's that were attacked with IED's and small arms, including one IED that hit my truck directly. I was not wounded, but was very dazed afterward. It took me several years to come to terms with the fact that I was suffering from PTSD. I was also afraid to seek help due the stigma that I felt it would have created in the Military at the time. In 2008 I ETS'd from the Guard. In 2009, My husband ( a combat vet as well) finally convinced me to seek help from the VA. I went to all my initial appointments, but was very disappointed with the level of care I received. Especially in instances where I would have to drive 3 hours to Oklahoma City, just to be told that one or more of my appointments would have to be re-scheduled. I was told that I have PTSD and TBI in some of the appointments. Later that year, I filed a claim for PTSD, TBI, and gall bladder residuals. (I had to be flown to Germany July 4th 2003 to have my gallbladder removed, then returned to Iraq. ) In my 2009 claim, I was denied PTSD, received 10% TBI, and 0% gallbladder residuals. I did file a NOD for the PTSD, but after that I did not follow thru on anything else concerning the VA. The C&P examiner for PTSD acted like it was impossible for me to have been in combat because I was a woman, and blamed everything on my hormones. I was done with the VA after that. Fast forward to 2013. I was still dealing with PTSD. After years of pleading with me, my husband finally dragged me back to the VA. Since we live on the Oklahoma / Texas line, My husband enrolled me in the North TX VA system. I started receiving treatment there and I was very impressed. I have even started to feel like I am making some improvement. In March 2015, I filed a Re-open PTSD claim and TBI increase. My ebenefits has been bouncing back and forth from "prep for notification" to "prep for final approval" to "gathering evidence" and up and down for three weeks now. It sits at "prep for notification" today. I called the VFW VSO a few days ago and they said that they can see where I have been awarded 50% for PTSD effective March 2015 but my TBI was decreased to 0%. I can see my C&P exam notes in blue button, and the PTSD examiner states that it is the same symptoms that I presented with in 2009. I am very elated that I am receiving 50%. While surfing the web doing some research on VA claims in the last few days, I discovered an article about the OKC C&P mental health examiner (Dr. Gail Poyner) being dismissed in 2010 for not following guidelines and performing test for malingering and pretty much denying most PTSD claims. After more research I discovered that it was the same examiner that I had. She has also written an article stating this out right. While I'm sure that malingering does happen, I wonder if she just assumes that everyone is faking. Although it took me a long time to come forward for help, my symptoms are real and her out right dismissal just made me feel like no one could help me and I just had to suck it up and drive on at the expense of my mind and my family. Does any one feel that I might have a case to appeal the effective date, or should I just leave well enough alone? All advice is appreciated." I definitely feel there is a CUE here and the C & P would have been different (in my opinion, if the new July 2010 regulations for PTSD had been applied-if not by the C & P examiner,but  by the RO when they rendered the decision. Are you able to scan and attach here the 2009 decision, as to their Reason and Bases for the PTSD denial? And what Evidence they used? (Cover C file # name, etc prior to scanning)                           http://www.va.gov/vetapp16/Files3/1621642.txt      

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Cavman

70/iu & 100 Difference?

21 posts in this topic

Is it worth the effort filing an appeal from 70/IU asking for 100 P&t?

Also, my award says 70/IU p & t. I didn`t even know a 70 iu p&t existed.

Cavman

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Caveman,

This came up on my claim many years ago. It is my recollection that if you can get 100% schedular that this is the best way to go. However, if the 100 was to be based on an extra-schedular rating then it is the same process as 70% + IU. They just do the IU rating if you have not worked in a long time. I got the P&T also. When I was rated I had not worked in over ten years and told the DRO their was no way that I would return to work.

It is my understanding that if you are 100% schedular for a medical condition that you can have earnings from employment without risking a reduction in you rating. If you were 100% schedular for a psychiatric condition that was based on employment functioning, returning to work could reduce your rating. Hopefully, other folks have the M-21citings on this readily available.

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It really depends in the situation. But in most cases you will not get to 100% schedular. I guess the question I have for you is what is the addition disability that you have that makes you think you can get to 100% schedular.

Normally unless you have a life threating condition, or loss of use of limbs, it is almost impossible to get to 100%.

Remember too that 100% and tdiu pay the same thing.

I`ve read many BVA cases where vets have been moved from 70 to 100. They all do not have an IU rating though. I guess there really is no advantage to being 100 p & t to being 70 w/IU p & t. They both have the same benefits. My main concern was getting school help for my daughter which because of illness I would not be able to afford. Now I can, so I am a happy man. I have decided to leave well enough alone.

Cavman

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Caveman

It is worth filing an appeal to get the P&T. That is what I did and got P&T one year later. Now my wife has ChampVA. For shcool it would be good and if you appeal and win the P&T status goes back to your initial IU claim date. I was 70% IU and appealed for P&T. Now 5 years later I am up to 80% but never will get 100% because of the reasons Rick expressed. It is only for SMC housebound or A&A that 100% schedular might be useful. I think if you go at it from the back door by being approved for HB they might bump you up to 100% to justify giving you HB. A friend of mine did that.

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rickb54 and

fla_viking

When I got bumped up to 70% with TDIU, for PTSD, I got my P&T at the same time, so it does happen on occasion, then about a year later I put in a claim for panic attacks with Agoraphobia , I had a C&P exam, without the VA telling me I was getting a C&P, so was approved for that, then they bumped me up 100% scheduler for PTSD. I guess it all depend on how bad the VA feels your disability is, in getting the right percentage.

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Caveman

It is worth filing an appeal to get the P&T. That is what I did and got P&T one year later. Now my wife has ChampVA. For shcool it would be good and if you appeal and win the P&T status goes back to your initial IU claim date. I was 70% IU and appealed for P&T. Now 5 years later I am up to 80% but never will get 100% because of the reasons Rick expressed. It is only for SMC housebound or A&A that 100% schedular might be useful. I think if you go at it from the back door by being approved for HB they might bump you up to 100% to justify giving you HB. A friend of mine did that.

john999:

My 70/iu says p & t with chapter 35, champva etc. At least thats the way I read it.

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