Jump to content
  • This is a public website. Do not post personal identifying information, such as real name, ssn, email address. If you upload documents make sure to blackout your personal information.

  • ad-free-subscription-002.png

  • Advertisemnt

  • Member Statistics

    20,795
    Total Members
    3,604
    Most Online
    Kcain
    Newest Member
    Kcain
    Joined
  • Forum Statistics

    69,345
    Total Topics
    452,811
    Total Posts
  • Show Your Support! More Products coming soon...

    hadit-11oz-coffee-mug-thumbnail.jpghadit-notebook-thumbnail.jpghadit-thermos-coffee-thumbnail.jpg

  • Our picks

    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

       

      10 years

      In brief, ratings in effect for 10 years cannot have service connection severed.

       

      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.

       

      P&T

       

      TDIU

       

       

       

      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
        • Thanks
        • Like
      • 7 replies
    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
      • 0 replies
    • HadIt.com Branded 11oz Coffee Mug for sale
      11oz Coffee Mug with HadIt.com Logo and Motto $12
      • 0 replies
    • Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/

       
      • 0 replies
    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
      • 0 replies

All Activity

This stream auto-updates     

  1. Past hour
  2. Oh, one last thing, the statement in your VA psych report: Unspecified Trauma-Stressor-related Disorder r/o PTSD Does not mean that he denies PTSD. He doesn't have a clear stressor incident to hang PTSD on that you are experiencing. He's trying to say "please rule out PTSD". Unspecified Trauma - we don't have a clear single incident that caused the issue Stressor-related Disorder - we see a disorder that appears to have a root cause/stressor r/o PTSD - rule out PTSD , we may be seeing PTSD, but we need to find the actual stressor to prove it to the satisfaction of VA rules so please rule out PTSD (which really means "I think she has PTSD. Find another cause that fits or prove it isn't PTSD.")
  3. OK, you've been rope-a-doped by a doc. Buck is right, you need to complain about this soon. It will take a while for them to reschedule or respond. I posted in another post about the way PTSD is decided. Look at the details on that comment here: Please pay attention to the Criterion A-F section. Also note that you don't necessarily want the doc to say you always abused alcohol. Stating that you started after the stressor is the right thing to do and you did it. If you were abusing drink before the stressor, they can use that to deny you also. Refute every point in his evaluation that was wrong, step-by-step. Try to keep your tone even and professional. Denying your combat time was stupid of him because the records are everywhere. Once combat is established then the balance tips to your favor. The doc was trying to rule out 38 USC 1154 (b). Google that phrase and read the legal doc that comes up and you'll understand why: 38 USC 1154 (b) Now, 1154 states that the combat engagement will allow the presumption of service connection if the injuries/diseases sustained are consistent with the circumstantial evidence. This gets twisted a bit with PTSD and especially MST PTSD because there must be a stressing event and then the VA wants to check the existence of that event with an archives center that keeps all the docs. Well, there is one event obviously, but there may not be a military police report because some of these a-holes are people you have to continue to work with while you are out in the field. One of my buddies had her best bud in the field while they were on patrol in Iraq suddenly decide that he was entitled. She had to continue on as if nothing was wrong through the mission, but it was destroying her. And then her Humvee rolled over from an IED causing worse issues. To present the evidence of that event, are there any buddies/teammates that were out there with you that could write a lay evidence letter on your behalf stating the changes they saw before and after the event? That could help prove the stressor existed even in the absence of any police report or other signs. You need something to prove the event happened. It sounds like the problem is the "unspecified event" that the doc mentions that actually will rule out PTSD in the military's eyes even if you have raging PTSD symptoms. They may not be saying that you are untruthful (well, ok, the one doc that thinks the symptom over-reporting is malingering may be trying to say that), but that you don't meet the qualifications for PTSD. Please read the other post that I linked here. It shows you how they make their decisions on a PTSD case. Ask for your C-file. You will have to file for it and it will take months, but any legal beagle will need it. It took me 7 years to get my PTSD diagnosis. They denied me once, and it was a freshly scrubbed and new PsyD working at the Univ of MD medical center and in the Baltimore VA hospital (they're side by side and share personnel) that rated me. It was clear from the ratings report that she wanted to rate me higher and did not, but I appreciate the 30% rating because it opened the door to my appeal with a private doc's evaluation. Patience. Persistence. You will win. The VA will tell you that PTSD is not curable and all we can do is manage the symptoms. I think they are wrong. Also, very important. If they have you on any psych drugs like anti-psychotics, anti-epileptics, or anti-depressants, get some sublingual B12/B6/methylfolate vitamin tablets. Those drugs suck up all of the B12/B6 in your system and if your stomach/intestine is torn up from stress you can't absorb it in your food easily. Getting it by way of tissues in the mouth keeps your levels from crashing out and increasing psychosis episodes (flashbacks, etc). A daily 1,000 IU sublingual B12 will help. Especially with sleep and cognitive function.
  4. Today
  5. OK, despite treating you for Complex PTSD, you may not end up with a PTSD rating. Here's why: (Read along with me on the DBQ form, please: https://www.vba.va.gov/pubs/forms/VBA-21-0960P-3-ARE.pdf ) Skip down to Section V, Clinical Findings. The stuff above Section V is using the findings to rate you in the sections above. Section V involves your past history. Trust me, any of us with PTSD has a 90% chance of having a very unhappy childhood with a lot of attachment issues and possible abuse. Now, they'll try to blame all of your problems on your unhappy past. Or drug use. If you admit sniffing the white lady (cocaine) or doing other drugs or heavy alcohol usage, they'll try to pin the problems on that. Then it's your fault and they don't have to rate you. Sentinel events are things that are vivid in your past that stand out. A traumatic event that happened before the military service. They'll say your problems were prior to service, but if the military stressors made your problems worse, they are still liable. Section VI is the important point and they need something in Criterion A through F. All of them. Not just a couple of things, every Criterion MUST be there, or it's not PTSD. Every Criterion. There must be a specific stressor event. Lots of fear with combat zones and possible IEDs and watching your buddies get hurt daily around you WILL NOT CUT IT. There must be a specific event. A particular attack or bombing. All of the attacks that end up in the military reports are put together and sent to an archive that tracks these events. Your stressor will be checked at this center and must match within a timeframe of a couple of months. (The name of the center is the Joint Services Records Research Center.) The utter crap of PTSD is that our memory of these events is shattered into fragments. We can't remember timeframes or events or faces or sequences of events clearly. For the Vietnam guys, we suggest that they try to remember whether it was Monsoon or Dry Season. For Iraqi, try to remember if there was some event that was near your stressor like Ashura or Eid Al-Adha or Ramadan. Or if the dates were ripening. Something that could be in a season or timeframe within two months of the event. Back to the Criterion. Let's start with A: Criterion A: The Veteran experienced, witnessed or was confronted with an event that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or others. AND The Veteran's response involved intense fear, helplessness or horror So, BOTH of these conditions have to be there. You saw threats to others or saw something awful and as a result of it, felt intense fear, helplessness or horror. Once again, it had to be a particular event. And it had to fit the criteria above. Criterion B: There are several conditions under Criterion B. At least one of them must be experienced, or they check the last box that states that the traumatic event is not re-experienced. And we do re-experience that crap in PTSD. It ambushes us at odd moments due to some thing we see or do or hear and leaves us lost in the event memories. In my own PTSD experience, I can tell you that I hit every one of those conditions in Criterion B. I trigger on some random minor thing and suddenly I can see stuff in pieces from the event. It's awful. One of my jobs before I got checked into Happy Meadows to sort it out refused to let me call the fire department to report something burning in the office because I'd smell burning metal all the time. I also was seeing and hearing hallucinations of the event pieces disconnected. And I'd wake up either choking and unable to breathe or I'd have night terrors. That's always fun for your spouse/partner. I'm putting the criterion here in case the VA disappears the PTSD DBQ the way the TBI DBQ vanished: Recurrent and distressing recollections of the event, including images, thoughts or perceptions. Recurrent distressing dreams of the event. Acting or feeling as if the traumatic event were recurring; this includes a sense of reliving the experience, illusions, hallucinations and dissociative flashback episodes, including those that occur on awakening or when intoxicated. Intense psychological distress at exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event. Physiological reactivity on exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event. Criterion C : Criterion C is avoidance and numbing. You avoid anything to keep from remembering. You can't remember it clearly. You turn off your feelings so that you can't feel because otherwise this crap will sink you. In Criterion C, not all of them have to be met. But at least 3 of them do have to happen. The Criterion: Efforts to avoid thoughts, feelings or conversations associated with the trauma. Efforts to avoid activities, places or people that arouse recollections of the trauma. Inability to recall an important aspect of the trauma. Markedly diminished interest or participation in significant activities. Feeling of detachment or estrangement from others. Restricted range of affection (e.g., unable to have loving feelings). Sense of a foreshortened future (e.g., does not expect to have a career, marriage, children or a normal life span). Criterion D : Persistent symptoms of arousal, at least 2, not present before the trauma. They have to have started since the stressor occurred. Difficulty falling or staying asleep. Irritability or outbursts of anger. Difficulty concentrating. Hypervigilence Exaggerated startle response Criterion E : Duration of symptoms. This has to show that this is ongoing and persistent. It has to have happened for greater than a month. Criterion F : The PTSD symptoms are ripping your life up in social, occupational, or other important areas of functioning. I can't seem to hold a job because job stress has a tendency to make my PTSD symptoms surface and romp around the office. It freezes me. I can't think or function and end up in panic attacks often. If the evaluator asked those 5 or 6 questions for the Criterion above and you didn't have the response that fits the VA definition of PTSD, then they will rate you as not having PTSD. Event -> Symptoms -> Your Reactions -> Long Duration -> Destruction of Your Life. That's what they look for. Then, once they establish PTSD, they look for how it's impacting you. That's Section VII - Symptoms. This is where they decide the level of impact on your life. Of course you won't have all of these. It's impossible to have every single one because some are diametrically opposed. Section VIII - Other Symptoms. If you have something going on that wasn't on that Section VII list, then it should be listed here. Section IX: Are you competent to handle your financial affairs? My pdoc basically said to me that it was best if my spouse took over all financial matters. I have immense problems with this, but he was right. Section X : Remarks. If there's anything else missed, your pdoc should put it here. Mine mentioned that my symptoms through a particular set of circumstances caused me to gain weight. So, that's how you can be treated for Complex PTSD by the organization that won't verify your PTSD. It's the Criterion A-F. If you don't hit every one, you don't have PTSD by their standard. Because the VA's standard of PTSD hinges on one event causing the PTSD. Not a weardown over months that makes you manifest the PTSD symptoms. "Complex PTSD" means that it was gained through numerous events that created an environment of fear, not simply one. Appeals on PTSD take years. And he didn't nail down the criterion. If he works with his treatment team and manages to remember a particular event **and timeframe of that event** that left him in horror, file a new case because you have new evidence. Always, always tell them the truth. They'll figure it out, if you aren't telling them the truth. But I suspect the first question the evaluator asked was, "what event occurred to create your PTSD?" or some variation of that. And then I suspect he answered, "well, it was not a particular event but there was all this stuff always happening." And that would be that. Not PTSD. No criterion met. No need to go further.
  6. I'm going to add a bit to Buck's excellent advice. Your PTSD and TBI will be combined if the VA feels that the symptoms are identical and cannot be teased out to "this set of symptoms for PTSD" and "this other different set of symptoms for TBI". They are similar ailments, but they can be teased out. Buck's absolutely right about the nexus letter --that's the letter from the private doc who examines you and states that: He's seen your military service medical records and says so in the nexus letter. He describes that the conditions that have resulted are "at least as likely as not" or "is likely as not" that the conditions were caused by the military service injury/disease. It is also helpful if the doctor discusses the condition and why the doc feels that the military service injury/disease caused it. The "likely as not" wordings of the two choices above is specific because these phrases do not have the legal weight of "caused by" or "most likely as not" so the doc won't put himself in some sort of legal stranglehold. He evaluates your condition on the DBQ and also USES THE PROPER ICD CODE. The ICD code is the military code for an injury or illness and is completely different from the Medicare codes that are used by every doctor. You've got to have the right ICD codes on that form, or the VA questions that the private doc is familiar with VA rating. So, look up the ICD code for PTSD and TBI. And anything else you are being evaluated for. If you don't know them, this site may help you: http://www.militarydisabilitymadeeasy.com Other things to know about the Byzantine way that PTSD and TBI are diagnosed: PTSD must first be diagnosed and rated by the military docs. You can't have a private doc diagnose it first. But you have that diagnosis now. Now a second private doc can sort out the details. ( TBI also may have to be diagnosed first by the military. I'm not sure because the DBQ is no longer on the VA site.) PTSD has only specific types of docs that can diagnose and write these letters. For PTSD, look at the top of the DBQ for the listing of health provider types that can Review your military diagnosis. https://www.vba.va.gov/pubs/forms/VBA-21-0960P-3-ARE.pdf TBI also has only a set group of physician types that can diagnose or Review your military diagnosis. However, the DBQ for TBI has been missing on the VA site for at least a year. I can't find it. I did find the Coast Guard's version, which is very similar to what used to be printed up on the VA site. https://www.dcms.uscg.mil/Portals/10/CG-1/PSC/PSD/docs/VBA - Initial evaluation of TBI residuals.pdf?ver=2017-03-28-105323-973 I think a private doc can diagnose a TBI, but pick a specialist. I'd try to find a Neurologist or Psychiatrist to do it. Now the fun. You must separate the symptoms to get them rated separately. Well, not you, but someone trained that can evaluate you. If you have a TBI, it can cause a lot of the issues that PTSD have. Look at the DBQ for PTSD. TBI can also have physical symptoms like headaches, vertigo, tinnitus. If you can get it done, talk to companies that do SPECT MRIs (Warning: they are expensive). SPECT MRI can actually pinpoint the difference between TBI and PTSD in the brain. The VA was all over backing that analysis method until they realized that it would cost a fortune to analyze every soldier and would provide solid evidence about the physical injury. Places that offer SPECT scans also usually have neurological testing and usually will write nexus letters from the appropriate healthcare providers. They rated you at 70% for both. But it's going to hard to get to 100% from that point. The VA always low-balls your rating. Fight to raise the rating. There are now a lot of residuals that will eventually pop up and you will need to file on those. Use part of the lump sum payment they give you to arrange for private evaluation. The good news is that they should rate it as Permanent & Total because TBI has no expectation of getting better. If they did not do that on your rating, ask on this site and see if someone can instruct you on the letter to write about it and where to send it. PTSD is now viewed as treatable, so the VA likes to mix those because then they can harass you every 2-3 years until they take your rating away. It's never settled until you reach P&T.
  7. So currently I have one in legacy because it was days before the switch over to the new system. The one that is a GWI presumptive is being sent to see DRO review and this dro review estimated to be in December. And after the dro review gotta NOD it for EED since the clowns at the RO are cowards.
  8. @Buck52, @Vync, can you please take a look at what I have provided previously and comment. hayes vs Brown states: that there is not requirement to accept a VA examining physician's opinion a private physician's opinion, a social worker's opinion, or the opinion or contention offered by any other source, but there is a responsibility ot assess the credibility and weight to be given the evidence and to give sufficient reasons and bases for a decision.
  9. It was not doctor ordered bedrest. The C&P examiner was the one that asked how many days in the last 6 months I had missed work. I am wondering why the C&P examiner would ask this? I don't find anything in the 5002 active process arthritis rating criteria that uses this question. Perhaps this is what some examiners are RO use to establish incapacitating episodes.
  10. @dwbell99, It appears that in citing of hayes vs brown your rater has set a high bar that he claims to have hurdled. I looked at the references that make hayes vs brown acceptable and these are the references. The first reference for this is wood vs derwinski and states: The credibility of a witness can be impeached by a showing of interest, bias, inconsistent statements, or, to a certain extent, bad character."). As with any determination, however, the Board must explain the reasoning behind its credibility assessments. Its statement of reasons or bases must be adequate to enable an appellant to understand the precise basis for the Board's decision, and to facilitate informed review in this Court. 38 U.S.C. § 7104(d)(1) ----------------------------------------------------------------------------------------------------------------------------- The second is Wilson vs derwinski and it states in legalese: The CAVC addresses the criteria for an expert witness, probative value, and “where the Board favors one medical opinion over another, the Court will review the Board’s decision to determine whether these criteria have been met or properly applied.” “C. The Determinants of Probative Value in Medical Opinions Part of the Board’s consideration of how much weight to assign is the foundation upon which the medical opinion is based. Kowalski, supra; Reonal v. Brown, 5 Vet.App. 458, 461 (1993) 9 (holding that the Board may reject a medical opinion that is based on facts provided by the veteran that have previously been found to be inaccurate); Swann v. Brown, 5 Vet.App. 229, 233 (1993)(same); Wilson v. Derwinski, 2 Vet.App. 614, 618 (1992) (stating that the Board must evaluate the credibility and weight of the history upon which a medical opinion is predicated). Both VA medical examiners and private physicians offering medical opinions in veterans benefits cases are nothing more or less than expert witnesses. While the Federal Rules of Evidence are not binding in this Court, nor on the Board, the rules on expert witness testimony provide useful guidance that has been exhaustively vetted by both the Rules Advisory Committee and by the U.S. Congress. In U.S. district courts, expert testimony may be received from a suitably qualified expert under the following conditions: (1) The testimony is based upon sufficient facts or data; (2) the testimony is the product of reliable principles and methods; and (3) the expert witness has applied the principles and methods reliably to the facts of the case. See FED. R. EVID. 702. The Court agrees that these are important, guiding factors to be used by the Board in evaluating the probative value of medical opinion evidence, and that this Court’s review of the Board’s evaluation of competing medical opinions will be enhanced by their application. Notwithstanding that medical professionals offering medical opinions in veterans benefits cases do not typically testify subject to crossexamination, the Court believes that these criteria are important indicators of the probity of medical opinions. Therefore, where the Board favors one medical opinion over another, the Court will review the Board’s decision to determine whether these criteria have been met or properly applied. The CAVC goes on to state: It is the factually accurate, fully articulated, sound reasoning for the conclusion, not the mere fact that the claims file was reviewed, that contributes probative value to a medical opinion. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Therefore, a private medical opinion may not be discounted solely because the opining physician did not review the claims file. Likewise, the Court holds that the Board may not prefer a VA medical opinion over a private medical opinion solely because the VA examiner reviewed the claims file. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ That the medical expert is suitably qualified and sufficiently informed are threshold considerations; most of the probative value of a medical opinion comes from its reasoning. Neither a VA medical examination report nor a private medical opinion is entitled to any weight in a serviceconnection or rating context if it contains only data and conclusions. See Stefl, 21 Vet.App. at 125(holding that “a mere conclusion by a medical doctor is insufficient to allow the Board to make an informed decision as to what weight to assign to a doctor’s opinion”); Miller v. West, 11 Vet.App. 345, 348 (1998) (“A bare conclusion, even one reached by a health care professional, is not probative without a factual predicate in the record.”); see also Dennis v. Nicholson, 21 Vet.App. 18, 22 (2007)(“The Court has long held that merely listing evidence before stating a conclusion does not constitute an adequate statement of reasons and bases.” (citing Abernathy v. Principi, 3 Vet.App. 461, 465(1992))); but see McLendon, supra, (holding that a conclusory opinion may furnish enough evidence of current disability or medical nexus so as to call for a VA medical examination). ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ It is the factually accurate, fully articulated, sound reasoning for the conclusion, not the mere fact that the claims file was reviewed, that contributes probative value to a medical opinion. --------------------------------------------------------------------------------------------------------------------------------------------------------- The last precident noted is sanden vs derwinski and I find it to read: The Board must assess the weight and credibility to be given to the evidence.
  11. I will just going to answer her questions and let her know how i feel most of the time. I just turned 38 and it's sad i should be better off, but that's life for ya.
  12. You should be fine the advise and information from the other members like GB Army ,Ocean and Vetquest you should be fine.
  13. @Valhalla0321, Sometimes when you request a new disability or increase they will add your other ratings. I do not know why they do this but they can so they do. The PTSD and TBI are inter-related especially if you have had a head injury so I would not be worried about those. As for the nose, it is also new so I would not worry it. As far as the other two increases it might be a concern. Any VA rater knows 50% is max for headaches and I do not know about the fractured jaw. If you have been rated for more than 20 years they cannot reduce your rating except of proof of fraud. Have you been rated over five years for these? There is some protection after five years. They cannot decrease a rating over five years based on one exam. They also must show improvement, I doubt a fractured jaw can improve. I asked for an increase on some of my disabilities and the VA threatened to reduce my benefits by letter and sent me to two C&P's back to back in a moth's time. This was not kosher. The VA is not supposed to develop to deny. Long story short I was not reduced.
  14. I will for sure on handing her the list, that's a daily list for me, not including all the ptsd crap i go through.
  15. Yesterday
  16. OK guys. I can see both sides and I can understand that Buck52 has had a rough week. Richard1954 I do not think Buck meant that he was calling you an AH, your experience is appreciated on this site.
  17. Well your IMO should be included as your evidence on record...this examiner should have this...you can list these conditions your having but its better to come from a qualified Doc...we are not Dr's so this would be only your speculation on your symptoms. If you take this list to your exam only mention some of them if the Dr don't address it during your exam just let him know your not a Dr but you have a hard time remembering and you wrote out a list of your conditions and symptoms and show him your list do not read this list to the examiner just hand it to him/her...if you read this list were not qualified to state such medical jargon...it will be considered medical speculation from the veteran. and probably tossed out let your IMO's DBQ's show your conditions and symptoms.
  18. Awesome, should is the imo when i talk to them or is it something i should write out?
  19. RIGHT, Don't worry about the lay statements not being notarized, you don't have time now. I wish we would have mention this to you in time but your IMO will be or should be enough , you can still submit your lay statements ...but with your evidence and opinions from these Dr's that should get you a rating or increase and maybe more than you may think. .just do your exam and after its over ask the examiner how you can get a copy of it for you?...he may say he has to finish his report and email it back to the VA and after the VA receives it wait about 3 days and go to release of medical records office and ask for a copy of this C&P Exam. if this is a outside provider like QTC he might give you a Fax # to request a copy....they should send it to you but here recently a outside provider don't make copy's on our C&P Report but don't hurt to ask before you leave the exam.
  20. Sir Excuse me ,I did not call you any names...re read what I said...I said you sound just like an AH C&P Examiner I had one time '' THERE IS A DIFFERENCE !!! You quoted ''. If I had said this I suspect I would of been tossed off the board.''... No Again your incorrect....this is just a disagreement between two members....things can be worked out you should know this if your an experience VSO Its not that I don't believe you its just the way you interpret things or explain things and mix in the CFR's...only to be confusing. its your choice to leave and I apologize to you if you think I called you a name . Ms T won't ask you to leave but she may say we all need to be civil to each other. Its your choice to leave and if you can believe it or not I wish you would stay because you do help a lot of Veterans get their benefits and that's what this board is all about. Its been a rough week for me. and maybe for all of us.
  21. Thanks, GBArmy. So, here's our update from today. We did make some progress. Today, I took a bundle of paperwork, Mom, Dad, and we went on a field trip to the Baltimore, MD VA Hospital to talk to the VA Benefits office. Different experience with the USAF Reserve points card that clearly shows Dad's Title 10 service. The woman heading up all of the difficult claims called the VA Health Eligibility Center in Atlanta, GA and told the fellow on the phone about the points card. He had her fax it over to him, and then told her that he needed the DD 214 or a set of travel orders to go with it. Well, in 1968 during that call-up, they notified everyone to come in by putting out announcements on the radio and through the telephone tree. There were no orders cut. They were all local anyway. So, we don't have orders specifically for Dad. And we've already specified above that the DD 214 was never completed for most of the ANG. But what I did have was a copy of the 1968 Maryland Order to Active Duty that brought everyone into Active status via the Executive Order 11406 signed by President Johnson. They really wanted to see both the 1968 Maryland Order to Active Duty, the Executive Order 11406, and the letter that the Brigadier General in charge of the MD National Guard sent to an army serviceman in 1968 that clarified that the pay for the 6 days of active service was paid by the Federal Government and 3 days of service before the active call was paid by the State. Those and Dad's points card from the ANG. The VA Benefits counselor in Atlanta, GA then said that he wanted his supervisor to make a decision on it. We don't have the typical paperwork, but it's clear that the Title 10 service happened and Dad was there. So, they'll call us Monday with the details. Once we know if it works or not, I'll post again. If it does work, the woman at the VA Benefits section at the hospital will know what paperwork our ANG guys need. And why does this matter? Well, this week, THREE ANG servicemen from 1968 came into the Baltimore hospital VA Benefits office and asked to register this week. Three. I told her that I think they likely were State of Maryland retired employees because the State of Maryland is trying to kick the retirees off of the pharmacy plan so many will look for other possibilities. All of us State of Maryland retirees got our benefits open enrollment paperwork last week.
  22. And what does an A.H. sound like.? And your a Moderator.... If I had said this I suspect I would of been tossed off the board.... The problem with you is you don't like to be wrong so you resort to name calling... I know 99% of the time what I am talking about...why Because I was trained as a service officer and helped veterans for many years after I retired from Federal Service. This is not the fist time you have thrown veiled insults my way .... and I don't appreciate it. You said I was not accurate... and then you quote a Opinion Precedence that was withdrawn because of the Bradley V Peake decision....I suggest you check your facts before you go off on someone... I did not insult you in any way .... I just said you were incorrect .. after you told me I was not accurate... seems to be you should look in the mirror before you insult people... As I have said a few times before I don't need this kind of garbage Tbird.... thanks for allowing me into your home.. but your children are rude... I think its time for me to utilize my time in better way Please delete my account.
  23. Sadly not notarized, Most of my family and friends live a couple thousand miles away. Here's the symptoms i normally have on a daily basis. I started this list about a week ago because i knew i would forget some. Body feels like it has been rung out like a rag. Numbness in right shoulder Aches in knee migranes stomach pain and diarrhea Tossing and turning while trying to sleep lower back pain numbness in left arm shoulder and hand legs feel like jello feeling tired during the day even though i slept all night hard time concentrating angry stiff neck pain in right hip shooting down to my foot dizzyness taking dogs for walk or checking mail feels like i have been at a gym all day cramping in ankles, calves, and thighs Numbness after sitting for long periods upper shoulders and neck hurts after sneezing difficult to lay on left side neck cramps up while laying down frequent urination, peeing at least 3-5 times a night dropping stuff with left hand left arm feeling sore like it's had an intense workout struggling to lift stuff with left arm when i sneeze, pain shoots through my body mainly in my neck, shoulders, and knees painful to get in and out of car hard to grip things with left hand thumb goes numb and into my hand, last from 5 to ten minutes trouble getting out of bed because of stiffness struggled to lift a gallon of milk with left hand sudden urges to go to the bathroom, even if i just went less then 30 minutes prior legs feel like they are moving still while im lying down back gets numb as i bend over to pick something up burning throat throwing up a little in mouth pain in neck shooting towards chest chest pains heartburn if i don't eat during a certain time(a few hours after lunch time) difficulting swallowing, feels like a chunk of dry bread is going down my throat plain foods like chicken and rice give me heartburn upset stomach
  24. What I received from the VA was dated September 9 2019 with Service connection for Prostate Cancer remains denied. It had on Rating Decision 09/03/2019. I read in my medical report that there was a question that had Agent Orange exposure? My urologist answered YES. In my opinion the VA is not during anything for Blue Water Veterans until after the stay is lifted on January 1 2020 even Veterans who already had claims in. I think that is why the VA keeps denying my claim for now.
  25. Also Make sure the lay statements are notarized so they will be credible evidence and they won't come back and say you had lay statements but were not Notarized or Certified there for this evidence will not be used in the decision....but don't worry if they are not notarized submit them anyway..we should have mention this to you sooner.
  26. I am incorrect then the BVA is incorrect also. so who to believe you or the BVA Decision? I tend to believe the BVA. & Richard 1954 you sound just like an A.H. C&P Examiner I had one time but he was unsuccessful no one is disputing this= you quoted ''VA must consider the TDIU claim despite the existence of the scheduler total rating and award SMC under section 114(s) if VA finds the separate disability supports a TDIU rating independent of the other 100-percent disability rating'' yeah I agree with this. I am meaning if a veteran is IU and wants to be 100% scheduler in a way of combined ratings and or enough rating % to get him to the 100% scheduler he can ,and the IU is moot, but with IU he also can possibly get the SMC- S and above if his condition warrants it or meets the SMC Criteria. with 100% scheduler he would need an additional; 60% separate & Di stink rating to meet the SMC S Criteria you keep on believing what you want.
  27. Hello Kcain, We're so glad you've joined our community Welcome Aboard, We are happy you found us! You've registered for an account on our VA Disability Community Forum. You will receive an email to validate your account, if you haven't received it please check your spam filter. You've joined a volunteer community of veterans who volunteer their time to help support the community, with research, answers or just a voice of support. Now you are one of us, read through the forum or use our search to find what you are looking for. SEARCH is located at the top above the subscription option. This is a public website. Do not post personal identifying information, such as real name, ssn, email address. If you upload documents make sure to blackout your personal information. Or just keep reading free with ads, totally up to you. HadIt.com is NOT a non-profit, subscriptions are NOT tax deductible. Before posting take some time to read this email and then spend a little time reading through the forums to see how questions are asked and answered. How to get your questions answered. All VA Claims questions should be posted on our forums. You can read without registering, but if you want to post a question or join the community you must register.. Register for a free account. Tips on posting on the forums. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. As much as I want to I can't read every post and will gravitate towards those I have more info on. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out. Leading to: Post clear questions and then give background info on them. Examples: A. I was previously denied for apnea – Should I refile a claim? I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile? B. I may have PTSD- how can I be sure? I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help? This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc. Note: Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview. This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that. Home VA Disability Community VA & Veterans News Veterans Helping Veterans Podcasts HadIt.com Veteran to Veteran LLC STAY CONNECTED ‌ ‌ ‌ Popular Forums VA Disability Compensation Benefits Claims Research Forum Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC Veterans Compensation & Pension Exams Success Stories Ask a question | Search | View Latest Posts and More | All VA Disability Claims Forums Thank you for your service! "Tbird" Theresa M. Aldrich Founder HadIt.com Veteran To Veteran LLC "Leave No One Behind, Not On A Jungle Trail, Not On A Desert Trail, Not On A Paper Trail" ™ HadIt.com Veteran To Veteran Site | Community Forum | News | RallyPoint | Podcast | Twitter | FaceBook | LinkedIn | About Me
  1. Load more activity
  • Advertisemnt

  • search-002.png
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png


  • Advertisemnt



  • Latest News

  • Advertisemnt



  • Ads

×
×
  • Create New...

Important Information

{terms] and Guidelines