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  2. Quoted for truth. I, too, babble. But, then your claim gets denied.
  3. Concerned

    The RO would always complain about people getting jobs for 11 months, then leaving- Keeping them on IU. Ergo: it seems to me you could be president for 11 months, resign, and still get IU.
  4. MST/PTSD Claim and medication

    DBQ is not mandantory, Caluza elements are. Caluza elements are 1. Current diagnosis 2. In service event or aggravation. 3. Nexus or medical link that numbers one and two are related. Focus on the 3 requirements above. Once service connected, your disabilities will be rated on "symptoms" in the criteria. If your doctor, somewhere in your exams did not provide you these three Caluza elements, then take action to get all 3 or you will be denied. One or two wont do, you must have all 3 Caluza elements. Read your doctors reports, dont guess on what you think the doc said. AFTER you read your file and see that you have all three Caluza elements, then you can read your file again and try to pick out the symptoms you have documented.
  5. MST/PTSD Claim and medication

    Thank you Broncovet ...like I said the DBQ seems so focused on the medications as if they directly signal how bad a vet's condition is and like you said there are many other factors why a vet takes or not takes Meds. Can you tell me what, when and where a DBQ comes in during the claim process? Does everyone eventually get or need a DBQ filled out?
  6. Normal C&P for Depression?

    Yes, a C and P exam is often "normal" when you apply for benefits. I dont think you should worry about your C and P exam. Instead, get your hands on a copy and read it. If its favorable, and says something close to "the Veterans MST is at least as likely as not due to xx experience while in military service", then you dont have to do anything but wait for your award letter, and be ready to appeal. An "unfavorable" exam means the examiner did not attribute your MST to service, or sometimes did not diagnose or confirm a diagnosis of same. You must have all 3 Caluza elements for benefits: 1) current diagnoisis, 2) in service event (stressor), and 3) nexus statment. Focus on those basic 3. If the exam is unfavorable, then take some action: 1. Find out the credentials of your examiner. Was he board certifed in treating sexual trauma? If not, challenge the compentency of the examiner. 2. Consider getting an IMO/IME to refute the bad exam. Worry wont fix anything, taking action will.
  7. Today
  8. The VA generally does not "infer TDIU" when the VEteran is working. I told the VA I was "not working" and they still did not infer TDIU. Im still fighting VA for TDIU after 15 years.
  9. When you were medically discharged, did they give you a percentage at that time?
  10. Because they CAN. WE havent put enough pressure on elected officials to do anything about the VA "Kangaroo Court", aka the VAOIG. And, that is the only accountability for VA employees. They are not held accountable for bad service to Veterans, they can lie to us, and nothing is done. The VA votes with their dollars, and they are consistently given more money because the VA always has an answer to any criticism: WE need more money. Congress gives it to them, the VA squanders it, as usual, and when Vets complain, the VA says again: We need more money. One example is the Veterans choice program. Vets complained because of the long wait time, where many Vets died. Congress responded with another 8 billion or so of money for Veterans choice. After VA got their money, the VASEC announced that most of that money would be used to fund a VA hosptial that was more than a billion in cost over runs, instead of Veterans choice. It was a perfect example of how VA makes sure any money goes to favorite contractors, VA exec bonuses, VA exec parties, but not to Veterans, and the VAOIG nods off and looks the other way. Did you notice in the VAOIG reports they "make recommendations"? Well our police force does not "make recommendations" they arrest bad guys. VAOIG does not arrest bad guys because they are bad guys.
  11. Kent, what was the date of your PTSD Award? The VA has to send you an Award Letter. Keep in mind the Award Letter can arrive a few months after the Retro $$ Deposit and E-Ben SC update. You don't get a PTSD C & P copy automatically. If your PTSD C & P was performed at the VMC, check your MHV Med File download, a copy of the DBQ should be in the "Treatment Notes" section. Semper Fi
  12. How can the rating officers make completely false statements, and those overseeing those decisions answer to no one, totally unaccountable to anyone. They are "untouchable", and I no longer believe any of the regulations, UCMJ, or any other regulations. It is the biggest farce ever pulled on veterans, and one form after the other can continue for a lifetime, and sometimes does. I hate to have this attitude, but after what I have seen over the last three years, you realize that things are exactly as they appear to be. When you feel deceived, you are. When a file is missing, it was intentionally removed. When a record can't be found, it was destroyed. You are not imagining things, and you are not delusional, but you are being played for the suckers. Your research, documented illness, injury or disease, your evidence of occurring in service is useless if the VA doesn't want to man up. It will just lie, like the WACO, TX VARO, and finding an honest judge may be impossible. I have been told by the TX varo that the Army's own medical documents don't exist. I have them because they gave them to me after 46 years, but they don't exist if the VA doesn't want them to. I have learned a lot, had my eyes opened to some real truths about our governments employees and how low they willingly go, and what they will do. Fake news, fake UCMJ, fake regulations, fake laws basically describes the VA because it is not accountable. Those you believe in at that administration office will be the first to gut you, to deceive you, and make sure you are deprived of any benefit, truth, or justice. This is more of a statement than a question, and I have actually answered myself. Do yourself a favor and get a lawyer, not a VSO. They are sales people. Do sales people work for you or the product manufacturers? Go buy a new car and see how hard that salesman fights for you a lower price from his boss. Think about it. I don't need a response, I got it. Thanks. victor ray
  13. I was given a medical discharge for depression from the service about 20 years ago and have a 20 year history of ongoing mental health treatment. I finally decided to file for VA benefits (I've always worked) and had my C&P exam a couple weeks ago and wondered if this was a normal experience. The exam lasted almost three hours and I had to take a long test of a couple hundred questions. The doctor (psychologist) was very nice and he seemed interested in my case but asked a lot of questions about my childhood. My case involved childhood MST and repressed memories of it until a flashback while I was on active duty brought everything out. I was tossed in the hospital and given a medical discharge for depression, existing prior to entry, service aggravated condition per the medical board. I'm a bit worried the doctors focus on my childhood means he was trying to say I was depressed prior to the service which isn't the case. With the repressed memory of the rape I had a pretty normal growing up experience after the event and had friends and a stable family. He seemed to be trying to get me to say my current problems with trusting people were related to what happened then. Obviously they are but I was concerned he spent hardly any time on the in-service stressor that led to the flashback or the fact I've been pretty miserable since then. I had a friend tell me not to worry that it's normal and he may be trying to figure out what percentage of my disability was existing prior to entry versus how much was service aggravated. I've got the service connection thing taken care of with the "service aggravated" note on the medical board and my private psychiatrist wrote a nexus letter and completed a DBQ stating my conditions are related to my service. I'm thinking I have enough medical evidence to show it but I'm concerned about the C&P examiners report. Do you think I need to worry about this? (I have anxiety issues too). Is a three hour exam normal? Do you think the examiner was just being detailed and it'll be OK? He said it would be a couple weeks to view his report and I'm still waiting but I'm a nervous wreck. JW in MN
  14. I'll do my best to stay employed.
  15. I never got an award letter in the mail. I didn't get a c&p exam copy.
  16. Iraq vet Burn pit/ Oil fire award

    Great post Berta. Its amazing how Proper Preperation Prevents Poor Performance, and this Veteran either probably did so, or had a rep who did it for him. It sounds like he had the diagnosis, the nexus, and the in service events all documented. I almost wish this was a CAVC case so it was precedential.
  17. MST/PTSD Claim and medication

    YOUR TREATMENT for PTSD/MST is something you discuss with your Doctor, and you 2 decide on what treatment is best. VA does not say, "You have to be taking 200 milligrams of Xanax, 500 Miligrams of Prozac, etc. to get benefits for these conditions." Medications are prescribed by a doctor who knows your conditions, what you are allergic to, and hopefully, the course of treatment that has the best outcome for you. Once service connected, the VA rates your conditions on "symptoms", not on the milligrams of x or y medication you take. Your doctor may prescribe therapy, such as talking it out, or other stuff. While many PTSD/MST Vets are on medications, it is not one of the criteria for VA to rate you with the conditions on the number of or type of meds you take. Unless the criteria says that your rating will be determined "after taking medications", then your rating will be based on your symptoms without meds. In other words, if taking Prozac or Xanax means you dont have panic attacks anymore, but you had panic attacks prior to being medicated for them, then you still get compensated for panic attacks, as a symptom of PTSD or MST. The VA can not reduce you because meds help you UNLESS the critieria for your condition specifically so states. One of the reasons for this is because meds often no longer work over time, and you need to try other meds. Think about it. VA fits you with a wooden leg, and you can walk. So the VA says, "Gee, we arent going to compensate you for a missing leg, you seem to be walking just fine on the wooden one we gave you." They cant do that, you still have a missing leg, and you would likely prefer your own to that wooden leg. Diabetes is an example. You may be treated with diet, pills, shots, etc. Your diabetes will be based on your symptoms, not on the medication you are on. You still have diabetes even when medicated. Your doctor can/will change the meds based on your insulin levels and other things. That does not mean you get reduced because one day your sugar was good.
  18. ptsd Special Monthly Compensation, Please help

    Persistant: Please Ask your question in a "new Topic". Its confusing when you ask it in someone elses post. THIS ONE TIME I will answer, tho you will have to start a new post in the future AND you will get more and better answers if you ask your question in a new topic. Based on what you posted, you should get SMC L for A and A. The reason is because you said you cant do daily activities without help. You will need a doctors statement to the effect that you need help with daily activities, and what it is you cant do, and why. You can still get A and A if your caregiver is related to you. See item C, below: 38 CFR 3.352 - Criteria for determining need for aid and attendance and “permanently bedridden.” eCFR Authorities (U.S. Code) What Cites Me prev | next § 3.352 Criteria for determining need for aid and attendance and “permanently bedridden.” (a)Basic criteria for regular aid and attendance and permanently bedridden. The following will be accorded consideration in determining the need for regular aid and attendance ( § 3.351(c)(3): inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.); inability of claimant to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment. “Bedridden” will be a proper basis for the determination. For the purpose of this paragraph “bedridden” will be that condition which, through its essential character, actually requires that the claimant remain in bed. The fact that claimant has voluntarily taken to bed or that a physician has prescribed rest in bed for the greater or lesser part of the day to promote convalescence or cure will not suffice. It is not required that all of the disabling conditions enumerated in this paragraph be found to exist before a favorable rating may be made. The particular personal functions which the veteran is unable to perform should be considered in connection with his or her condition as a whole. It is only necessary that the evidence establish that the veteran is so helpless as to need regular aid and attendance, not that there be a constant need. Determinations that the veteran is so helpless, as to be in need of regular aid and attendance will not be based solely upon an opinion that the claimant's condition is such as would require him or her to be in bed. They must be based on the actual requirement of personal assistance from others. (b)Basic criteria for the higher level aid and attendance allowance. (1) A veteran is entitled to the higher level aid and attendance allowance authorized by § 3.350(h) in lieu of the regular aid and attendance allowance when all of the following conditions are met: (i) The veteran is entitled to the compensation authorized under 38 U.S.C. 1114(o), or the maximum rate of compensation authorized under 38 U.S.C. 1114(p). (ii) The veteran meets the requirements for entitlement to the regular aid and attendance allowance in paragraph (a) of this section. (iii) The veteran needs a “higher level of care” (as defined in paragraph (b)(2) of this section) than is required to establish entitlement to the regular aid and attendance allowance, and in the absence of the provision of such higher level of care the veteran would require hospitalization, nursing home care, or other residential institutional care. (2) Need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. Personal health-care services include (but are not limited to) such services as physical therapy, administration of injections, placement of indwelling catheters, and the changing of sterile dressings, or like functions which require professional health-care training or the regular supervision of a trained health-care professional to perform. A licensed health-care professional includes (but is not limited to) a doctor of medicine or osteopathy, a registered nurse, a licensed practical nurse, or a physical therapist licensed to practice by a State or political subdivision thereof. (3) The term “under the regular supervision of a licensed health-care professional”, as used in paragraph (b)(2) of this section, means that an unlicensed person performing personal health-care services is following a regimen of personal health-care services prescribed by a health-care professional, and that the health-care professional consults with the unlicensed person providing the health-care services at least once each month to monitor the prescribed regimen. The consultation need not be in person; a telephone call will suffice. (4) A person performing personal health-care services who is a relative or other member of the veteran's household is not exempted from the requirement that he or she be a licensed health-care professional or be providing such care under the regular supervision of a licensed health-care professional. (5) The provisions of paragraph (b) of this section are to be strictly construed. The higher level aid-and-attendance allowance is to be granted only when the veteran's need is clearly established and the amount of services required by the veteran on a daily basis is substantial. (Authority: 38 U.S.C. 501, 1114(r)(2)) (c)Attendance by relative. The performance of the necessary aid and attendance service by a relative of the beneficiary or other member of his or her household will not prevent the granting of the additional allowance.
  19. ptsd Special Monthly Compensation, Please help

    }What level of SMC would this combination be? } }Existing: Schedular ratings: }Heart 100% }Diabetes Type II 40% }Periphial Neuropathy 10% in each leg } }Not rated yet: }Kidney Failure with 5 exchanges per day done at home – Peritonial Dialysis should be rated at 100% in the SMC category of disabilities This is secondary to the primary rated condition of Diabetes }Aid and Attendance can’t do all daily activities without help including dialysis exchanges and would have to consider full time home help or nursing home without wife being available for A&A Thank you, Persistant
  20. Concerned

    I agree with Gastone. SGE (Substantial Gainful Employment) is defined by VA as earning more than $12,400 in the past 12 months. Simply report your earnings each year, and you should be good to go with VA. Since you already have TDIU, then report your earnings, as required, to VA each year. The defination of TDIU is the "inability to maintain SGE due to SC conditions". It sounds like you still meet that criteria defination.
  21. Yesterday
  22. Concerned

    Let's try this again. Getting IU and keeping IU are very different when it comes to Earned Income. In your case, you were recently Awarded IU, right. So every Year within 60 days following your IU Award Aniversary Date, you are required to file a 21-2140 listing Earned Income and Employment over the past 12 "Consecutive" Mos. If there were Employment Breaks during the 12 months, due to your IU SC's, the VA can't use that for a possible IU Reduction. If your reported Earned Income is at or above the SGI $12,400 for (1++ months) but less than 12 "Consecutive" months of employment or self-employment, you would probably be up for a re-exam regarding your ability to do Sedentary Work. A reasonable person might consider an individual capable of doing a relatively stressful job earning $4K+ per month, more than capable of doing "Any" type of non-stressful Sedentary work that would provide SGI Income. Semper Fi
  23. What I don't understand about IU and substantial employment is that if I took a contract job in aviation and I get fired due to my memory like my last 3 jobs in aviation. I would hope I could make it past the first 30 days but in those 30 days I could potentially have made over 4k just working maybe 32 to 40 hours a week . Which is over whatever amount is said per month but doesn't last more then 30 days Jobs in aviation pay very well and give you time to train paid. But all of my 8 years out of the military I stayed in aviation but my memory has prevented me in keeping a job I had 4 different jobs last year and made over 39k. The VA still granted me IU, before I forced myself to work even the cost of aircraft and lives were at risk there because of my TBI residuals but I had to provide for my family. luckily I only damaged aircraft and did over 100k in damage total but no lives were ever hurt. So is employment lasting 45 days or less producing more then the poverty level considered substanial employment grounds for termination of IU and my Permanent and Total award? I am considered 90% IU Permanent and total with SMC S. Edited just now by jfrei
  24. inferred IU

    Ok he has to file the claim for th iu? Or can he have the Vso in dc to point out the dr is saying he is not able to work, would the consider it with the appeal. I did get him to let the appeal for increase in diabetes go thru. But she has convinced him that it is hard to get iu. Or maybe he thinks he is asking for something he does not deserve. Im to the point, im tired trying to make him understand that he needs to prosue this. But thanks for you all letting me ask for your advice. I just have to pray if something happens to him I can get dic?
  25. Trying to locate documents

    Not enough info---have you used FOIA? https://www.foia.gov/how-to.html I have used FOIA many times and have the signature of Ken Starr ( Lewinski-Clinton mess) on many appeals. One request took about 5 years to get the info- others reaped the info I wanted in mere weeks. You need to write to the "agency" or government depart that you believe holds the info you request. Be specific that you want a copy of the video as well as copies of any documentation and be sure to set a fee you are willing to spend up to-----if the forms ask for that. Be as detailed as you can be as to naming names and dates I asked DOL for some sensitive info and told them I would spend up to 200 dollars for it, but to let me know if it would cost more than that. I stated the info was in the interest of the public and they sent me a large envelope of info and I don't think they actually charged me at all. The DOL made a tremendous error and I got MUCH MORE than I bargained for.It helped me succeed on 2 of my dead husband's claims. Very sensitive stuff.They threatened me with a US Marshall coming to get the packet within 24 hours.I missed a bunch of yard sales waiting for the US Marshall as I had made copies of it all anyhow and didn't tell them that. So I called the NY US Marshalls office in Rochester and learned that no one from DOL had ever requested a Marshall to come here.I missed those yard sales!!!! VA, under FOIA once, revealed to me the entire employment applications of about 12 people,most all were already employed by VA, with their SSNs and everything. That info helped the VAMC director to act fast when I threatened to help my husband file a EEOC discrimination case against them.He was horrified to see what my FOIA got me. My point is you might find out a lot more then you know--- you might be denied the info, but you can appeal. FOIA is a powerful tool. Do you have contact info for anyone else in this training? Was the investigation public knowledge? You posted in the MST forum so I assume this is a MST issue for you- was it for any others as well? Please go over FOIA link carefully as I assume you might need to direct it to DOD FOIA office.
  26. Marina, I use Medicare and CHAMPVA and I only had one problem in years. But with a pharmacist-and CHAMPVA squared it all away,with a phone call. I chose the 50$ co pay instead of having the Meds by Mail deal.I do not foresee how you would have any change, since you signed up for Medicare. I get my meds at the same grocery store I use The local VAMC is closer than this store and I think I could even get them at the VAMC in person But I would rather pay the 50 bucks. Only once I had a problem and a new pharmacist told me that CHAMPVA would not cover a specific med. My only prescription is for atorvastatin to take only 2 pills a week. But I think I had a different prescription for something years ago and this was what the pharmacist said CHAMPVA would not pay for. I asked him to run it through CHAMPVA to check but he wouldn't do that, so I paid about 59 bucks to him, came home, looked up the med in the CHAMPVA handbook, called CHAMPVA, and then CHAMPVA called him and within about ten minutes later the pharmacist called me to apologize and that my 59 Bucks was waiting for me at the Pharm window.He was wrong-they covered it.....maybe some sort of antibiotic.....? forget I don't have or really need Medicare Part D. CHAMPVA is wonderful. No insurance covers new orthotics I just got,for severe pronation problems but they and Medicare cover my regular podiatrist's bills, and Medicare will cover a pedicure by a podiatrist every 2 months. I think they paid 60 bucks for my last pedicure, done after the doctor casted my feet. We have done radio shows here with Glenn Johnson, Head of CHAMPVA in the past and they are still in our radio archives. He gives out his contact #,on the shows and is very willing to help with any CHAMPVA problems.
  27. Incidently, 100% PTSD is similar to TDIU in that, if you read the criteria for 100percent it states, "Total Occupational and Social Impairment". How can you say you are "totally occupationally impaired" if you voluntarily quit your job? If you quit because you could no longer perform the duties, this is something entirely different.
  28. Dont quit your job and expect to get TDIU. VA is adamant: When the Veteran "voluntarily" quits his job, this suggests he could do another similar job. The VA will check with your previous employer and they ask why you are no longer working there. To get TDIU you have to have a doctor state, "The Veteran is unable to maintian Substantial Gainful employment due to SC conditions." A doctor is unlikely to say this if you quit your job. Sure, you could try lying about it, but the VA has ways of finding out these things, and when they do, its not good and you dont want to go there ever. Dont apply for TDIU unless you can not work. Being unemployed is not the same thing. Lots of people are unemployed for many reasons: Job cuts, the economy, etc, etc. To get tdiu you have to prove the reason for yours is that you can not work due to your sc conditions, not because you quit.
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