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  1. 3 points
  2. 3 points
    I just got word from my attorney, that IU was granted from 2002, to 2004 from the BVA. I dont know any more, and wont until probably the middle of next week when the decision arrives. What a relief! Fifteen years later, I get awarded TDIU! YES, I recommend Julie Glover, of Glover Luck in Dallas Texas. http://gloverluck.com/
  3. 3 points
    You might be thinking about "conditions" and not symptoms. Here is the deal. Once you are service connected, the VA rates you on "symptoms". You can not get paid for "symptom x" on multiple conditions. What are your "symptoms" for bruxism? (Of course, I dont know what your symptoms are). If you have no or few relevant symptoms, its almost always either denied, or rated at zero percent, regardless of what it is. I recall reading some months or even years ago of a Vet who had cancer that was service connected. Most people, when they hear the word CANCER, that strikes fear. However, since this cancer apparently caused no symptoms, it was rated at zero percent. This is true for almost any condition. I see this happen frequently with things like "depression", when a Vet is then diagnosed with "bipolar" disorder, for example. If you were already receiving compensation for "depression" symptoms, you wont get an increase just because you were diagnosed with bipolar disorder UNLESS you have new or increased symptoms. This is unlikely, since all mental health disorders are rated using the same symptomology. Unless you have some rather severe symptoms of your bruxism, then its probably unrealistic to expect much if any increase in percentages. I doubt that is what you want to hear, and your VSO might not tell you this. But I think you should hear it now, rather than down the road when you get a decision.
  4. 2 points
    "The scope of a mental health disability claim includes any mental health disability that could reasonably be encompassed by the claimant's description of the claim, reported symptoms, and the other information of record. Clemons v. Shinseki," 23 Vet. App. 1, 5 (2009). This came up this AM in a different reply I made but Clemons is why I often say here-dont lock yourself into a PTSD claim,if you do not fall under the 2010 regulations--- There are many types of MH issues that would get a VA diagnosis that is service connectable, with proof of inservice events,accidents, etc etc, that would not fall under the "hostile proximity ,enemy fire etc etc ) clause of the 2010 regulations. The compensation and rating schedule is the same for all MH disorders. Clemons was discussed her in the past and derives from common sense ( that VA does not have unless they are provoked into using it) Anyone with a MH condition is not always qualified to really diagnose themselves, and then if they file a claim for PTSD, thinking they have PTSD- meaning they could claim PTSD but instead might well have another type of MH issue, such as depression, etc etc, A VA MH professional could find they do not have PTSD, and do not fall under the 2010 regs as to proximity to the enemy etc...and the PTSD claim would be denied unless the VARO properly considers that Clemons covers many MH disorders. It is best to claim PTSD, and any other mental disability, reasonably encompassed , by the medical evidence , in order to make sure the VA properly characterizes the claim....why wait for years to get a BVA remand, for that. I suggest citing Clemons right from the git go, unlerss your stressor proof is obvious and can be conceded without any challenge. https://www.va.gov/vetapp16/Files3/1619420.txt https://www.va.gov/vetapp12/files3/1217273.txt and many more 're characterized MH disabilities that did get awarded for SC. Also see more on Clemons and other strong court cases that had been denied at RO ,BVA, (even CAVC as to the Fed Circuit Court award)as in Davidson analysis http://www.purpleheart.org/ServiceProgram/Training2010/19- Recent Definitive Court Decisions Handout, NVLSP.pdf
  5. 2 points
    Congratlulations! Success is sweeter, when we have to work harder to get it.
  6. 2 points
    "VA" and "Office of Communications" is a contradiction in terms. Its sort of like, "Jumbo Shrimp". Which is it, Jumbo or a shrimp? Or, "Military Intelligence"...which is it, the military or intelligence, it cant be both? The VA works VERY hard to make sure they dont comminicate with Veterans. If they want to ask something, they ask a VSO. Of course, VSO's dont return our calls, so the VSO tells VA what other VSO's think, who also dont return Veterans calls. In this way, the VA makes sure that nothing the Veteran ever wants is ever implemented.
  7. 2 points
    TBird an others have given you great advice. Tell the CP and any other doctor for that matter , exactly what happened, how it has effected you and completely answer any questions they have. I am sorry sorry that you are going thru this... you are not alone.
  8. 2 points
    Well, I think you should be stressed on Korea having nuclear weapons instead. Or maybe worry about your home being sucked into a sinkhole. Based on your post you said, "we were going to use it for the deductable for champva" Ok, so you used the money for something else, so what? Everything does not always need to go into a perfect cubby hole. It really did not sound like your boss required you to use the 202 monthly stipend on health copays and deductables, you apparently can use this on other medical stuff too. Oh, say, OTC medications that insurance wont pay for. Gas to go to the doctor. Band Aids. Toothpaste. ETC. ETC. Heck, even healthy food to keep you from going to the doctor. Your boss is giving you an extra 202 per month to help with healthcare expenses uncovered by insurance. Its a blessing and treat it as such. Dont create a problem when none is there. Sometimes its better to deal with the 1 problem out of 100 that happens rather than worry about the other 99 that wont happen.
  9. 2 points
    @broncovet Excellent summation & explaination between symptomatology/ condition, This paragraph can save everyone a lot of time in processing a claim. ( or not submitting a claim that will be denied)
  10. 2 points
    Thanks for the answers to my questions. You did some great VA homework! You know his ship is on the AO ship's list!!! Make sure the VA knows that. I bet not a single incountry or Blue Water AO vet had any heart disease in service. Reason I ask is because they denied my AO IHD death claim (I am a Nehmer claimant) stating my dead husband's SMRS did not reveal any IHD in service.(1st MARDIV Amphibious Tractor Battalion, Danang Vietnam ,1965-1966.) I filed a CUE on them , probably the very same day, making the point that most incountry Nam vets were kids,still in their teens, when they were sent to Vietnam and the regulations did not specific that IHD had to be in their SMRs under Nehmer, and I Cued them under 38 CFR 4.6. The award was here not long after that...in mere weeks...I filed the CUE also as a complaint with IRIS. The rating schedule, when applied to the C & P exam results will give you an idea of what his rating will be. Buck is right. I had to file CUE on a 1998 decision which clearly revealed the veteran ,my deceased husband,was clearly eligible for SMC. I filed in 2003, another CUE in 2004 specifically on the IHD, and the Nehmer VARO , after the denial snafued, awarded those CUEs and the IHD claim. His EED was 1988 for the IHD, which the VA never diagnosed or treated. Although it was a malpractice issue ( 1151 and FTCA award )they awarded it as presumptive. The most recent AO Ships list ( and this includes the C 123 exposures) is here: http://www.benefits.va.gov/compensation/claims-postservice-agent_orange.asp
  11. 2 points
    Its likely incorrect. Several reasons: 1. You can not trust VA. 2. It sounds like you got the information either from Peggy, or ebenefits, which is worse than VA. 3. "Ready to rate" is not a term used by the BVA. However, its possible VARO is reconsidering your N and M evidence. Usually that does not happen after the SOC, but when it does, a SSOC is required. 4. BVA decisions take longer than that. Much longer. They are currently doing 2013 docket numbers, and it does not even sound like you have a docket number. When you submit new evidence while at the BVA, a SSOC is required. Did you get a SSOC? That is probably what you are waiting on..an SSOC, not being rated. Sorry, but I know they will tell you "Any day now" when it is still a year or more off.
  12. 2 points
    J, your IU, quit beating yourself up with the "What If's." IF and WHEN you go BTW and start having $1K+ per month in Earned Income from "UNINTERRUPTED" full or part-time work for 7 months, then we need to talk. Semper Fi
  13. 2 points
    VAAccountabilityTeam@va.gov and White House Hot Line veteran complaints 1-855-948-2311
  14. 2 points
    If it's a BVA decision, requesting reconsideration is almost always pointless. It is faster to appeal a denial to the CAVC, as you will invariably get a decision from the CAVC before the BVA "reconsiders"....not to mention, it is RARE that the Board reverses its decision on a reconsideration. (PS....email me the complete BVA decision to vetlaw@attigsteel.com and I can set up a free phone call with you to discuss the strength of an appeal of the denial to the Veterans Court within 48 business hours.) If it is a VA Ratings Decision, read about Reconsideration on the VeteransLawBlog.org - while others debate my position, I have seen far too many Vets get f**'d because they sought reconsideration and the Board or court did not construe it as a NOD, and they lost a lot of past-due benefits. It's heartbreaking, and is why I believe that reconsiderations of VA Rating Decisions are as useful as a pencil sharpener on a fire engine. https://www.veteranslawblog.org/?s=reconsideration
  15. 1 point
    It means You SHOULD get service connected.However, there are plenty of us here, with all the right evidence from the git go, and we were denied until we fought back. One of my denials is short and shows what I mean. Husband was incountry Vietnam USMC Danang,1965-66. I filed immediately under the AO IHD regulations as his survivor under Nehmer. After my claim went to two other VAMC ,got lost at one, found, etc etc in early 2012 I get a letter from VA saying my husband's medical records showed no evidence of heart disease and the claim was denied. Say what? I whipped out a CUE ,probably the very next day and I I also filed as a complaint with IRIS stating that most of these Nam vets in 1965 were kids, my husband was 18 years old then and I bet none of them had heart disease listed in their SMRs. And I added that this was not a legal aspect or requirement of Nehmer 2010 regarding IHD. The award came soon after that. I laugh at that denial now but some I got were not as funny. Yes you can have all 3 Caluza elements, but you might want to pray that whoever works on your claim, is literate.
  16. 1 point
    My BVA decision arrived yesterday, with mixed results. On one hand, as my attorney said, TDIU was awarded. Summary: The, the decision specifically "forked" (DIVIDED) MY tdiu into 2 parts: 1. 2002 to 2004 (denied) 2. 2004 to 2006 (approved). While Im greatful for the award, it was about 1/3 of what I think it should have been. Redacted version: "For the time period (2002 to 2004, date redacted), the evidence does not establish the Veterans bilateral hearing loss-his only service connected disability during that time period-rendered him unable to secure or maintain SGE". end of redacted decision quote. My analysis. The decison went on to award TDIU from 2004 to 2006, based on hearing loss AND depression with a combined evaluation of 40 percent. It was "extraschedular" TDIU under 38 cfr 4.16 b. I find the boards reasons and bases to be in error, because my 2005 VARO decision established that depression was secondary to hearing loss, AND the Board "probably" did not have that decision available, as I have had much shredded evidence. Thus the boards reasoning that my "only sc disability" at the time was hearing loss does not apply because its not my fault the VA made an error on the effective date for depression, as the evidence established I was depressed, and, later this depression was sc. My opinion is the board decision is a "post hoc rationalization" to justify a weak effective date. I had applied for TDIU in 2002 (the date of application) and the general rule for effective dates is the later of the "date of application" or facts found. There was no doctor evidence that said I was employable from 2002 to 2004, but rather my SC disabiloities (one of which was NOT YET SC) rendered me unemployable. I think its error for the VA to conclude that because the depression was "not yet" service connected, that meant my depression was NSC. This means the etiology of depression had to change: From 2002-2004 my depression was "unrelated to service" while after 2004, "poof" the depression was related to service. This did not happen, my etiology did not change, there is no evidence of that. Equally important, the board failed to adjuticate SMC S, when I had specifically asked for consideration of SMC S under the HOWELL CRITERIA. See here: https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/ In pertinent part, since Im tdiu, Im unable to leave the home "for work" using the Howell criteria.
  17. 1 point
    Korean War veterans exposed to Agent Orange in close proximity to the DMZ and were serving in any units in the link below from Hill And Ponton law firm are controlled by the regulations within this link: https://www.hillandponton.com/va-presumptives-korean-veterans/ Yesterday however , a new bill has been announced by Congressman Tom Mac Arthur to extend the date to 6 months earlier than the standing April 1, 1968 date. While only 1,000 or 1,500 vets might be affected by this bill ,if it changes the AO regulations, still it will be more equitable treatment for those veterans. I only hope they are still alive, and if they have AO presumptives, that they will file a claim. These are the older regulations ( the units are listed in the Hill and Ponton link above) “When the VA established 38 C.F.R. §3.307, a small section was added for the benefit of Korean veterans. Section 6 (iv) of this regulation stipulates that, in order to be presumed service-connected for the diseases listed in 38 C.F.R. §3.309, a veteran who served in Korea must have served in the following conditions: · During active military, naval or air service, between April 1, 1968 and August 31, 1971 AND In a unit that, as determined by the Department of Defense, operated in or near the Korean Demilitarized Zone (DMZ) in an areas in which herbicides were known to have been applied during that period.”
  18. 1 point
    Apparently, the cruise lines have been sued and have settled. Go to the link provided and see if your phone number was dialed by the cruise lines to collect your 300, 600, or 900 dollars. http://www.miamiherald.com/news/nation-world/national/article167331957.html I checked my phone number, and unfortunately, they made no calls to me during the settlment period, but they may have made those calls to you. Check cell and land line phone numbers, including old phone numbers if you had a different phone number a few years ago.
  19. 1 point
    Well done, hopefully your good news only gets better, Hamslice
  20. 1 point
    Per this article-yes: http://www.alz.org/dementia/parkinsons-disease-symptoms.asp Since Parkinsons is already on the AO presumptive list, I guess they are looking further into pre -full blown Parkinsons symptoms.
  21. 1 point
    H, I just read your attachment, where did it directly or indirectly address IU? Have you read the actual Bill that POTUS signed? After we both read the actual Bill, we'll have to compare notes.
  22. 1 point
    Office of Public and Intergovernmental Affairs VA staffing new White House VA Hotline Principally with Veterans August 11, 2017, 04:59:00 PM Printable Version Need Viewer Software? "VA staffing new White House VA Hotline Principally with Veterans Today the U.S. Department of Veterans Affairs announced that the two-month pilot phase of the new White House VA Hotline that began in June has demonstrated that Veterans calling the hotline respond best when their calls are answered by fellow Veterans and others with first-hand experience on their issues. As a result, VA announced that it will target highly qualified Veterans to staff the hotline going forward, instead of contracting the service to a third-party vendor, and is hiring additional VA personnel to complete the planned move to a 24-hour operation. “The message we’ve heard loud and clear is Veterans want to talk to other Veterans to help them solve problems and get VA services,” said VA Secretary David J. Shulkin. “We’re taking steps to answer that call.” This decision will delay the full-time stand-up of the 24-hour service by two months, to no later than October 15, in order to ensure the hiring and training processes are complete. Until that time, the hotline’s current pilot program service is available to receive calls from Veterans from 8:00 a.m. to 5:00 p.m. Eastern Time, Monday through Friday." https://www.va.gov/opa/pressrel/pressrelease.cfm?id=2940 (White House Veterans Hot Line 1-855-948-2311)
  23. 1 point
    will the people be competent, or have a mission in life to call all vets liars.... yes cynical, but 100% of my experiences...
  24. 1 point
    When I used VA dentist they wanted me to wait two-three months for a permanent crown while wearing a temporary crown. I private dentist said this was asking for problems since with temporary crown bacteria can get into the pulp of your tooth and you then wind up with root canal. It took about ten days for private dentist to get me a permanent crown instead of 2-3 months. I paid the money and kept the tooth. When you use the VA you might as well be on Medicade/Welfare. I use them just for spite and they are good for a few things. I have had no luck with their private referral system. The doctors in my area that accept VA are the worst.
  25. 1 point
    WM, ain't no such thing as visiting an RO and collecting your C-File. You have to either Mail or FAX the FOIA Request (Govt Form 180.pdf) into the VA. Then if you're lucky, you'll receive it in 8 to 13 months. To make this VA FOIA Request for your complete C-File, including all SMR you need to Mail or Fax the FOIA Request, I faxed mine. mail or FAX to: Department of Veteran Affairs, Claims Intake Center; PO BOX 5235; Janesville, WI 53547-5235 Toll Free FAX: 844-822-5246 FAXing got my CD (any C-File over 10 pages) in 8 months. Semper Fi
  26. 1 point
    Based on what I posted, you need to timely file a NOD, on the applicable form. I dont recommend a reconsideration UNLESS you have new and material evidence. You probably wont even know if you have new evidence until you have ordered your cfile and read it. If you file a NOD, your "new" nod, is sometimes combined by the Board with your "old" issues before the board, and both can be adjuticated at once. I really dont know when and why the BVA combines these issues into one appeal, when there are seperate NOD dates, but I do know they did that for me, more than once. I have just yesterday been notified that my BVA appeal is complete, but I dont yet know the outcome, or even if they combined two seperate NOD's (one on TDIU and one on SMC S) or not.
  27. 1 point
    Unless the issue of the the effective date is specifically addressed at the BVA (that is, you included the issue of effective date on your I9) , it wont be discussed at your hearing. Its a jurisdtictional issue...the BVA does not have jurisdiction Until or unless the VEteran specifically gives the BVA control, when he files a NOD, and perfects his appeal with the I9. Therefore, you will need to file a NOD disputing the effective date, and why. Remember, the regulation states that your effective date will be the later of "facts found" (that is, the date the doc said you were disabled) or the date you applied. If the VA is saying the doc said you were not disabled until 2014, but you applied in 2008, then you must refute the docs opinion to win an eed. It wont help you to submit paperwork confirming you applied in 2008..its the later of the facts found or date you applied. However, there are several exceptions to the effective date general rule: 1. If you applied within a year of your exit from service. 2. If you submitted new and material evidence under 38 CFR 3.156. 3. If this is an increased rating, special rules apply. 4. If you are a Nehmer Vet, special rules apply. 5. If the VA did not send you notice of your rights to appeal, special rules apply. 6. If there is CUE. 7. Sometimes an informal or inferred claim can alter effective dates.
  28. 1 point
    My interpretation would be "clarification" of your previous diagnosis (Actually reading as symptomology of PTSD), he alludes to stressors....I'd say he is saying proper diagnosis would be PTSD, rather that a culmination of anxiety, depression and adjustment disorder. Just my .02
  29. 1 point
    Hello there! I used to work at the VA as a veteran service rep, so I wanted to try an help make your claim process a little easier. :) Do you have an eBenefits account and a MyHealtheVet account? If not, I'd recommend getting both. You can file for VA benefits via eBenefits online, and, with MyHealtheVet, you can view any and all medical records and lab reports you've had done at any VAMC. It comes in VERY handy when filing for benefits. From what you said in your post, I'd recommend claiming the following conditions. Bilateral knee pain Bilateral ankle pain Back pain Sinusitis Headaches (secondary to sinusitis) Anxiety (secondary to bilateral ankle pain) Note: Explain how you were separated for a PT failure, and how this condition not only ended your military career, but it has caused you undue stress at work and home because you aren't able to complete daily tasks without it causing pain. The more information about how this condition affects your life in a negative manner the better. Here's the rating criteria for both Sinusitis and Rhinitis. Claim the one that best matches what's in your military records, and then claim headaches as a secondary condition to it. 6514 Sinusitis, sphenoid, chronic. General Rating Formula for Sinusitis (DC’s 6510 through 6514): Following radical surgery with chronic osteomyelitis, or; near constant sinusitis characterized by headaches, pain and tenderness of affected sinus, and purulent discharge or crusting after repeated surgeries...50% Three or more incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting...30% One or two incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting...10% Detected by X-ray only...0% Note: An incapacitating episode of sinusitis means one that requires bed rest and treatment by a physician. 6522 Allergic or vasomotor rhinitis: With polyps...30% Without polyps, but with greater than 50-percent obstruction of nasal passage on both sides or complete obstruction on one side...10% It's also a good idea to scan any and all documents regarding each condition into a PDF file, and upload them with your claim. I hope this helps get you started! Please let me know if you need any help!
  30. 1 point
    So I have not received any paperwork from the VA yet, but I was granted 10% for Bruxism secondary to PTSD. They did not rate the TMJ at all but it looks on E benefits that the looped it n or joined it with the Bruxism.. I will know more when I get my PW back from them,,
  31. 1 point
    WomanMarine, I forgot to mention, your title for this post may have cause a delay in responses. "1st C%P, now what", really sounds like a newbee asking a basic question. Some of the experienced helpers on here may have went right on bye and never gave it a look. When I'm bored I go back and read most all posts and caught yours. A better title would have been, "The VA owes me $$$ back to 1970" or "i've been service connected since 1970 and haven't recieved a dime" Anyway, just a thought, Hamslice
  32. 1 point
    My issues are almost identical to yours. Here is what helped me: 1. Ask them to make a thicker night guard. They made one that was about 3 or 4 mm thick and it really helped. 2. If you are using a CPAP mask which covers your nose and mouth, ask to try one for the nose only. I tried the nasal pillow and it didn't work, but last month got a new nostril one. That reduced the nighttime migraines because you do not feel like you are wearing a bear trap on your head. No more waking up to find the mask on the floor. 3. Talk with your treatment providers about therapy and/or medications which may help provide relief.
  33. 1 point
    There's nat'l non-rating teams that have no idea how to process claims, so dependency is done separately. VSRs HATE dependency. Bronco is 100% correct, Debt Management Center (1 Federal Dr St Paul MN) is the VA (NOT VBA) office that does VBA debts. It's mainly in the same building as Kim Grave's RO, but, again, separate. There's two basic basis's for waiver; Hardship and not substantially Veteran's fault. There's multiple reasons to deny a waiver, however. The one you're interested in is not substantially Veteran's fault. They will ask you fill out a VA Form 5655, 'Financial Status Report' or FSR. Since you're not applying for hardship, explain you want them to process the waiver without the FSR. Timeline IS important here; you must file within 30 days of receipt of DMC's '101' letter to stop collection. interestingly, the waiver then goes to your SOJ (Station of jurisdiction) for decision, then back to DMC for promulgation. It's the RO's logistics office that has the Committee of Waivers and Compromise (COW or COWC). You can then send DMC an NOD if they deny the waiver. Who sends it to the RO ...
  34. 1 point
    "I know that I'm just pissing in the wind here, but I attached this letter to ebennies after reading the C&P examiner's report. It won't do a damn bit of good, but, for what it's worth....made me feel better!" Oh, I didnt realise you attached it already..... I sure do not think any vet who refuses to take their BS is "pissing in the wind." I still think you should provide the regulations to them and follow up on either filing an IRIS complaint or calling the WH Hot Line or both. Or tell me what RO this is and I will find the contact info for their director and post it here for you. When more vets get over their fears of the VA and start really complaining about the inadequate C & Ps they get, that alone could make a difference in the backlog. And if you-anyone here- are at the BVA and get a remand for a specific type of doctor, do what I did (I already had 3 IMOs for the claim, they had 2 against so they wanted another posthumous C & P..).I was able to get a copy of the C & P right away at the local VAMC, and it had been done by a PA,instead of a cardiologist the remand called for.He didnt have a clue about cardio stuff, and I knocked down the exam myself ( VA forced me to acquire a good cardio background when they killed my husband ( FTCA/1151 awards)and I told the BVA the C & P exam was not done by a cardiologist as they had ordered and it was too speculative. The BVA shit canned it and sent me the award letter. You have the right to get a BVA remanded order for an additional C & P exam, to be done by the type of doctor the BVA wants it done by.
  35. 1 point
    Just got off the telephone with a VSR from the VARO. Made multiple apologies for my experience with the C&P examiner. Rambled on about how it should be easy for me to win my ankle appeal. Said that the VA has hired a lot more staffers to decrease the wait veterans currently experience on appeals. At the end of the conversation, he told me I'd have to wait in line for my appeal to be processed. Nothing new to report.
  36. 1 point
    Bergie, Essentially what they said but also you can find the whole VA appeals process metric states, under m21-1, Part 1 Chapter 5: 1.5.A.2.a The appellant may elect to have a formal hearing at any time during the appeals process. Link: http://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ss/#!portal/554400000001018/article/554400000014081/M21-1-Part-I-Chapter-5-Section-A-General-Information-on-Appeals Also under VA 21-0958 (which is what they require now I think) there still is a section for a DRO review or "traditional" process. I think the last update to this form was September of 2015, or that is the latest I can find anyhow. Link: https://www.vba.va.gov/pubs/forms/VBA-21-0958-ARE.pdf Hope this is of some use. Best of luck, Six
  37. 1 point
    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
  38. 1 point
    If there was no "Inferred IU Claim" mentioned in your recent PTSD Award Letter, the "Evidence of Record" in your C-File did not raise the possibility of an IU Claim. Just being Unemployed, Under-Employed or dropping-out of the workforce does not necessarily qualify you for a VA IU Rating. Good luck on getting the PTSD 70 bumped to 100%, can't say I recall ever seeing a success story on that. Could you post a redacted copy of your PTSD C & P DBQ? If you think you meet the VA IU Award requirements, file the IU FDC now. If the Claim stays an FDC, you should have an Award/Denial Decision within 6 months. All NOD Filings requesting Reviews or Hearings take considerable time, 12++ months to 4++ years. Do you want to wait that long? Your already 7+ months post-Decision, right? If you wait the 5 months for the Decision to become final, you could file an SC Increase FDC the day after the Decision becomes Final. An FDC SC Increase Decision within 6 mos is a possibility. Any New (SC Increase) Claim filed for an existing SC automatically, per VA Reg, requires the VA Rater to consider the possibility of an IU Award.
  39. 1 point
    You're not alone. Many times here our members will tell others to get a hobby or something to that effect and honestly unless your case gets advanced there is not much else you can do. They are currently things going on that the Congress is supposed to be working on ( https://www.congress.gov/bill/115th-congress/house-bill/2288/all-actions?q={"search"%3A["congressId%3A115+AND+billStatus%3A\"Introduced\""]}&r=1&overview=closed#tabs ) to help the times but even if it goes well it's going to take VA a long time to implement changes. Sorry ? Thats about all I know I can tell you or anyone else that's wondering. Here's the link to check what month and year they're working on currently- https://www.bva.va.gov/CustomerService.asp Look under the red line that says helpful information.
  40. 1 point
    Palma.....I sing the praises of Dr. Anaise's work but I get slammed by some saying I'm advertising for him. I don't get these negative thinking people and why they can't see it is opening eyes and tipping off where good work can be found. I have been the victim of poorly presented IMO using less persuasive rationales and that is why I am in this appeal fix today.. He did a fab job on my SA appeal.....no I have yet to have DRO Hearing but I'm an intelligent man and I know strong evidence and deeper rationales matters and they must come from a certified MD. I appreciate the effort he took to spell it all out!
  41. 1 point
    Well, I dont calculate benefits based on ebenefits, as it is notoriously unreliable. IF YOU ARE ALREADY at 100 percent, (TDIU), then an increase from 80 to 90 wont increase your compensation. It may, however, result in retro on the effective date. Example: You are 80 percent effective July 2005. You get tdiu effective March 2017. Then you get an increase to 90 percent effective July 2009. You should get retro for the difference from July 09 to March 2017.
  42. 1 point
    My VA award was for PTSD-MST as well, my prayers. I served 22 years and receive Concurrent pay. ( as per Berta's article includes) - it is automatic once your retirement pay starts, it is a part of the questionnaire for survivors benefits et al. F Y I ( this is if you don't fall under the combat...)
  43. 1 point
    A New Comp Claim should have no effect as to a BVA Hold-up. What is the Denied Issue? You've never filed for PTSD, why? Evidence of in-service incident? Semper Fi
  44. 1 point
    If it says how much you will get per month ,then you can figure out what % they actually gave you.By comparing it to the VA disability rate chart. "I went for an increase for my PTSD as things were progressively going downhill. It looked as I may have been granted 100%, though they came back with a 70% with no routine future exams stipulation. " Hopefully it is 100%...cant tell"It was explained by my VA contact that this means I will receive this raiting until my death as long as I do not go back to try for any increase or attempt to as that could put me back in the line for a future exam. " That is absolute VA bull shit. I guess this Was a high level VA lackey. The VA will do anything to prevent vets from getting a proper resolve of their claims. What about any potential SMC down the road.???? What if you develop another service connectable condition that ultimately causes your death? If you believe this VAOLA spin and have a spouse, she would never get DIC if you never claimed any other conditions, and got them SCed,in your lifetime and then died because they substantially contributed to or even directly caused your death. Please listen to my show------as Bob Dylan said...'things are a changin' "
  45. 1 point
    I will be using this thread as well, since Palma114, and I share almost the same. Palma114 is stage 4 while Mine is Loss of Use. Ordered my C-file. Waited 9 months for it. Uploaded it to my "storage bin" on the cloud that day so that I can have it off-site, out-of-state, and able to make copies for future IMOs/IMEs. That is right I am now not just stopping on one, but will get a handful more for the other SC. (Drew up a missions plan and success pyramid, which is posted in my bathroom mirror, so every day I am reminded that the VA will not win but I shall.) This morning went to the post office to mail Dr. Anaise a large envelope with Certified Mail that contained a copy of the C-file on a Memorex Black CD-R and a dozen pages of medical documents that showed it was during service. Spoke with the doctor over the phone last month, after receiving my certified check of 1500 for the IMO via USPS Certified Mailed. Once I receive the IMO I will post a snippet here, as well as the progress with the appeal process for my claim.
  46. 1 point
    Yes, that is correct advice. My experience when I discovered the initial malpractice, was that it accumulated into More malpractice. 6 years of it. The link has correct info. The benefit of 1151 is this..if the veteran dies of a non SC condition, and the 1151 issue via the Death Certificate and/or autopsy, and the coroner or ME lists the malpracticed condition under # 2 as a contributing factor to death, the spouse should file both DIC for direct SC as well as for 1151 death. The spouse however might be in the situation I was. My husband filed the 1151 claim. He made me promise to go after them if they killed him so I opened an accrued claim under Section 1151. I won the FTCA case before the VA would award the 1151 (and even with the evidence they had from OGC)they denied again, but I raised hell and they then awarded within months. I have 2 subsequent awards for DIC under Direct SC, and one more under 1151 I got in 2015. Good luck. I know there is more to this than you have posted.I liked dealing with the VA Office of General Counsel, in DC directly. That is where next to the BVA there sharpest VA brains are. They know 38 USC in and out. And I talked a bit with the USA attorney about lots of claims stuff. They are brilliant. and They can read.
  47. 1 point
    I'm not going to stand in line to help perpetuate a broken system. I understand that is all they offer. I also understand that 22 service members commit suicide every day. That says the program is broken. I am not ashamed of my truth, I'll stand up and blow the doors off of this thing. The VA is not an advocate for veterans. As I see it, they are perpetuating the problem and are therefore complicit in it. I don't want money, I want change. I want to leave this place better than I found it
  48. 1 point
    I went to a BVA hearing at the Atlanta VARO a few months ago, and I had an experience I wanted to share. Just one more reason why I don't trust the Atlanta office. While waiting for my hearing, we were told to stay in the cafeteria. While there I witnessed two VA employees discussing a veterans claims loud enough to be overheard. I didn't hear any names mentioned, but I still found it offensive because they were laughing and one of them mentioned how this particular veteran had already received a large retro payment and made some further comment that I cannot remember clearly now, but at the time I got the distinct impression that the veteran was being looked down because that didn't make an end of all his issues. It confirmed for me what I've long suspected about this office and the attitude that some employees have toward veterans. It's a shame they were too busy joking on this veteran to notice that non-VA persons were present to hear it. Anyway, you can take this as he-said, she-said, or you can believe it. I was there. I won't forget how they laughed at the troubles of another veteran who is an actual person on the other side of the paperwork they shuffle around. For what it's worth, they could have been discussing me because I had a large retro once, because it took 7 years and the BVA telling them to do their jobs for them to make it right, but that isn't my only claim before the VA and that one large retro didn't fix my life... in fact, it only covered some of the debt accrued while waiting on them to make things right. Good luck if you live in Georgia, because these guys are not in our corner.
  49. 1 point
    First nexus letter contained 1 issue: granted. Second nexus letter contained 1 issue: granted Third nexus letter contained 3 issues: two granted, one denied. I’m not going to appeal the denied issue because I was granted IU. Thank you, Dr. Anaise.
  50. 1 point
    I located a bilateral calculator (works for bilateral or non-bilateral)on another site that does a pretty decent job. I did a little experimenting with it and it was correct until I hit the higher levels. Once I got to 94% and added the appropriate amount to take me to 95% it kept me at 94%. In the end, it's best to go to the regulations and use their chart to double check. Calculators are fun to mess with though.