I'm new to this site, and somewhat novice with claims as I've ignored them since my discharge in 2012, but I have some questions that I've yet to find answers for that hopefully someone can help me with:
In a nutshell, my story is I did my four years, two hellish combat tours to Afghan, got out in 2012, immediately filed my claims for a few disabilities like back and shoulder issues and got a 40% rating total. I've since not looked back as none of that concerns me. My issue now is that I was sent to a mandatory PTSD screening during one of my visits that year, and the examiner kind of went about the thing blase, and although I did tell her most of my traumatic experiences, she gave me 0% for "Combat PTSD not related to military service" as it says in their justification, whatever that means. I don't think they even attempted to listen to me as my experiences were extraordinarily traumatic and have been a detriment to my mental health and quality of life since. And yet I now have an effective date of a PTSD claim from day of discharge 6 years ago for 0%, says it right on eBenefits. I think you know where I'm going with this...
After 6 years of dealing with a slew of issues related to PTSD, I decided this week to start looking into trying to re open the case. My questions for you are.... Would I be entitled to any back pay if I could prove that I've suffered from PTSD since then, and that they made their original decision in error? And if so, how could I go about receiving the exact paper work / medical records from that one specific screening I had in 2012? I've looked everywhere and I don't really know how to navigate either of these situations...
Thanks a lot!
I am the sole caretaker for my spouse which makes it extremely difficult to leave and go to a VA facility to file my claim. When I registered for Ebenefits it says I have to have a Premium Account but I cannot just leave for the in person verification.
It is imperative that I get benefits because of recent health status and also the full time care my wife will need if/when I need a treatment plan.
Can somebody direct me on how to get VA Form 21-526 filled out and also to obtain my C File? I have a portion of my medical record frm my time in service in the Army from 1972-1976.
Any help or guidance is greatly appreciated, I live in a fairly remote area without a local VSO or Rep.
Should I (does anyone??) write a timeline about my claim? Like a one page timeline or outline or my history. Example: I just sent in my Social Security Disablilty paperwork for my claim because my SSD was approved due to my damage to my lower spine(posted a few days ago) the judge approved it. I was in Voc rehab 9/2008-4/2009 withdrew from college due to physical/mental meltdown then again went back 9/2010-5-2011 and again had to withdraw because I physically and mentally crashed( I was approved to the National Honor Society). I was approved for SSD 11/23/2009 and I figured if I wrote it out on a timeline it would help the to show the VA exactly the time line since I'm thinking they are not good at that.
Advice please and thank you in advance.
((A quick FYI during this time I have been consistently getting spinal injections, spine fusion surgery, quad tear surgery, take pain meds(which make it hard to impossible to think theoretically) and doing physical therapy and PTSD group n one on one at VA PTSD clinic for 3 years now which helps with my daily anxiety.))
Good news, I filed three CUEs and now have three C&P exams. Great news, it's with the VES and not the VA. The best news, I've seen one of these VES Doctors before and he rated the disability exactly correct!
My question is, since I was given the C&Ps for the three disabilities that I filed the CUEs against, does this mean that the VA is agreeing that they made a CUE? I understand the exams still have to happen for the rating portion, but does this mean the bureaucratic part of the VA agrees there was a mistake? Logic tells me "yes, why would they schedule an exam if they were just going to deny the CUE." However, this is the VA and logic is hard for them.
Last night I was going through my records to get them ready for the C&Ps. While I was doing this, I found another CUE that if accepted will net me another 10% back to 2005. Go through your records, DBQs, and Rating Decision letters, you might have CUEs just waiting to be found!
Thanks for reading this. I have been trying to find all the information that I can about getting re-examined. So I thought I would start here and I did my research on here. I am rated at 70% for PTSD with Major Depression Disorder long with a few other claims that rounds out to 80%. Ill mostly be disscussing my mental health award and not the others Since the that is my highest rating. My benefits where awarded in July of 2017 as far what e-benifits shows. that was my backpay date. In my award letter that I got in the mail it states for all my conditions even tinnitus that "since there is a likelihood of improvement, the assigned evaluation is not considered permanent and is subject to a future review examination". First let me state that I am beyond grateful of my award and I do not wish to try to try to increase my ratings or bring any attention to my file or profile with the VA. I am content with where I am at. I go to the VA every two weeks for my 1 on 1 with my Mental Health provider. So I am knocking out two birds with one stone as far as getting my treatment and showing the VA that I am seeking treatment.
Now...What are the circumstances of me getting Re-evualutated? Is it the luck of the draw and I might get randomly selected? I know plenty of people with lower ratings that are not TDIU or P&T that have been rated for over 4-5 years with no exams what so ever. Consider me being paranoid but I want to be Pre-emptive. Especially since my award letter clearly states that ALL my conditions "is subject to future review examination". When would the VA see that my condition has improved if it did? Would they get an alert from the VA Hospital that I am doing better? Or would it would it arise if i get selected for a review and they review my medical records? Like I said earlier im contempt at 80% and more than anything I just want to stay out of sight out of mind on the VA's raters radar and continue my treatment in peace.
Hello Berta and All,
I just received my decision letter on one of my appeals, and it's 2 things wrong with this letter... (1) I don't see what evidence they reviewed or why they gave me the lowball 10 percent rating (perhaps there is another letter), and (2) either I can't count or they missed retro for the entire year 2015.
Can you VA math wiz out there run the numbers and see how much retro you come up with based off this letter. Scroll all the way down for the answer.
Please and thank you.
Improper handling of 1999 VA Compensation Claim
I will do my best to present this in a short and respectful manner. I will do my best to truthfully represent all facts and evidence as it was presented in 1999 VA Claim. It is therefore I am seeking help in identifying any missing documents, missing evidence, non compliance of VA Regulations, etc...
I will post the photo copies of the record on my C-file which I received in 2015. I will present the Claim as it was filed through the local VSO in Farmerville, Louisiana County/Parish: Union
VA Compensation Claim for Albert Dodd
Dated: 15 June, 1999
Copy of Claim Submission: ** ( All files are in PDF format and saved to my Google Drive ) ** ( View Only ) **
VA Claim submitted on: 15 June 1999
VA Claim Received on: 18 June 1999 ( Dept of Veterans Affairs New Orleans, LA )
VA Form 21-526 Pg. 7
VA Form 21-526 Pg. 8
VA Form 21-526 Pg. 9
VA Form 21-526 Pg. 10
Authorization and Consent Included:
VA Form 21-4142 Pg. 1
VA Form 21-4142 Pg.2
** ( Notes of Interest ) **
Supporting Evidence Attachments:
1) Certified copy of DD 214
2) Copy of Discharge Account Summary ( Severance Pay ) ** ( My Certified True Copy from SMR ) **
3) Copy of Findings of the Physical Evaluation Board ** ( My Certified True Copy from SMR ) **
4) Copy of SMR's to support S/C Claim
** Physical Evaluation Board Decision **
All Evidence and Supporting documents where sent in along with the Authorization and Consent ( VA Form 21-4142 ) for Release of Medical Records on June 15, 1999
**** Dept of Veterans Affairs New Orleans, LA ****
Intake of Evidence for VA Claim for Compensation for Albert Dodd
Dated: 18 June 1999
**** Timeline for Review of Evidence and Decision ****
June 18, 1999 VA Claim Received
June 25, 1999 VA Claim Reviewed
July 08, 1999 Rating Decision ( R.M. LaCOMBRE, Rating Specialist )
Rating Decision Pg. 1
Rating Decision Pg. 2
Rating Decision Pg. 3
July 10, 1999 Compensation and Pension Award **( VA Form 21-8947 ) ** Signed into record
July 12, 1999 Notice of Decision mailed out **( Cover Sheet ) **
**** Questions for CUE ****
1) Duty to assist **( Did not attempt to help get copies of Hospital stay )**
2) Duty to assist **( Failure to assist by not scheduling a medical exam for current medical condition(s) )**
3) No Development Letter **( Failure to Notify Veteran of any further evidence needed to substantiate Claim )**
I Albert Dodd do swear that all information is correct and included. If you or someone you know has information that would help me in getting the VA to correct this wrongful Decision please post your comments.
My is I filed for Increase on my Service Connected Disabilities.
Service Connected Disabilities:
Osteoarthritis Left Knee: 10%
Osteoarthritis Right Knee: 10%
Depressive Disorder: 70%
Increase Osteoarthritis Left Knee:
Reason for Increase
1) Total Left Knee Replacement:
A) Temporary Total Disability
A) Hip Condition
B) Back Condition
Increase Osteoarthritis Right Knee:
Reason for increase
A) Hip Condition
B) Back Condition
My Question is will the VA consider this as Duplicate Claims?
Can the VA overrule and consider that the Secondary conditions are Bilateral and I can not make a Duplicate entry. I consider since both Knee's are rated at 10% because one is worser than the other.
My Left is the one that has been replaced and will be ( or should be rated differently ) rated under replacement and not under plain Osteoarthritis. As a Secondary Condition I added Hip and Back Ankle as the Service Connected Disability has affected my healing.
I asked for Increase or my Right Knee as it is not for ( Flexion - Extension - Pain ) all the 3 separate ratings possible under osteoarthritis. I then listed as Secondary Conditions ( Hip - Back - Ankle ) because although it would be considered a duplicate they are rated seperately.
Can I make them separate conditions as my left side affects the left side of my hip and back from the Left Knee. And then the right side is differently because it affects the right ankle and hip and back differently on that side.
Can they be Rated Separately?
Or can the VA Deny them as Duplicates?
After 2.5 years, the VA finally processed my NOD which resulted in a 100% rating. I’m very grateful for the help and feedback from Hadit over the past few years. However, I have one more favor to ask. I received retroactive pay based on the effective award date, but it was half of what I expected. I calculated approximately $30k in reto pay vs. the $16k that the VA calculated. Since the NOD took 2.5 years, I had other claims that were processed and awarded during this time, which is outlined below with the effective dates. The sleep apnea claim is the one for the NOD.
The calculator that I used to determine retro pay is https://www.hillandponton.com/va-retro-disability-calculator/
Old (without sleep apnea)
New (with sleep apnea)
Would someone more familiar with retro pay be able to tell me if my math is correct?
I had filed a claim that was denied based that it was not service connected. However, I found 3 places in my medical records
that show otherwise. I am already past my appeal cut off date. I am going to put it in again. If they approve it this timee
will they go back to the original start date, or is there some other paperwork for that? Thanks in advance.
Im trying to figure out today why I was denied last time today. I will be talking to the woman in charge again who said my condition isn't severe because I can drive myself. When I applied in June was I was denied since then I have an appeal decided which granted me Permanent and total for my TBI which was just raised to 100% scheduler. What more would I need to show this program to help me and my family my recent C&P my wife explained how she has to be the one to use the GPS or we get lost?I was denied for the caregiver program.
68mustang posted a question in VA Disability Compensation Benefits Claims Research Forum,I was rated at 10% for tinnitus last year by the VA. I went to my private doctor yesterday and I described to him the problems that I have been having with my sense of balance. Any sudden movement of my head or movement while sitting in my desk chair causes me to lose my balance and become nauseous. Also when seeing TV if there are certain scenes,such as movement across or up and down the screen my balance is affected. The doctor said that what is causing the problem is Meniere's Disease. Does any know if this could be secondary to tinnitus and if it would be rated separately from the tinnitus? If I am already rated at 10% for tinnitus and I could filed for Meniere's does any one know what it might be rated at? Thanks for your help. 68mustang
GlennieHB posted an answer to a question,I have a 30% hearing loss and 10% Tinnitus rating since 5/17. I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating. Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive. I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties. I don't know whether to file for a TDUI, or just ask for additional compensation. My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help. Does anyone know which forms I should use? There are so many different directions to proceed on this that I am confused. Any help would be appreciated. Vietnam Vet 64-67.
If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.
What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?
What,if anything, was listed as a contributing cause under # 2?
Was an autopsy done and if so do you have a complete copy of it?
It can be obtained through the Medical Examiner’s office in your locale.
What was the deceased veteran service connected for in his/her lifetime?
Did they have a claim pending at death and if so what for?
If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major physical contact with C 123s during the Vietnam War?
And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
VA C and P Exam – Do’s and Don’ts – VA Compensation Pension Exam
The following is written from a VA Compensation and Pension Examiners perspective relating to psychiatric exams. It is a good guideline for all exams but I only did psych exams. I’ve been examined by the VA for multiple problems and this is my format when I go to be examined. A little common sense and clarity ...