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  1. broncovet WITH ALL DUE RESPECT, TO YOU, I filed an ITF and never had any of theses problems you mention above, not saying they can't happen ,but the Veteran is sent INSTRUCTIONS on how to file the ITF, IF he/she is not sent the ITF Instructions then they can look up the ITF Criteria them self he/she can read it AND IT IS CLEARLY MENTION ABOUT THE 1 YEAR DEAD LINE ..However if a Veteran forgets to file the ITF And loses his place in line or even if he has a VSO file for him and they both forget to file it within the years limit then That's on them. Now if the Veteran Dies God For bid
    3 points
  2. I took a bit of umbrage at the 'Sit on claim' statement. I started filing claims in 2002- so, at the time, that statement was true. At the time, a VSR would get a claim(s) and work it through completely from beginning to end- literally- until rating. And with having to order NPRC records, or PMRs (21-4141 stuff), or employment statements (21-4192) all that took a long time. Still does, but at least now if one or more of those forms are submitted ANYONE can work the claim out of any of the ROs unless its a special claim like MST or exposure, or AO/Radiation, etc. I've seen the system gradually
    3 points
  3. I suffer from fibromyalgia and the way it was explained to me was that I should file for depression. Since I feel that I am a good spirited light hearted type person, that can adjust to anything. Hey it's like this, a bad day is a bad day, just deal with it until you have a better day and go at your own pace. Anyone that suffers from chronic pain will have some form of depression. If you are not service connected for depression you might as well file for it now. When your body won't do what it supposed to do or limit you in the things you can do then file a claim for service connected depress
    3 points
  4. Actually this new C & P exam may not be a bad thing. It could have a result in you getting an earlier effective date for your 100% rating. It could also get you a P & T rating which could generate a retro payment and or extra benefits like CH 35, DEA Dependent Education, waiver of life insurance and other benefits that come along with being rated P & T. So It is not necessary a bad thing to have a new C & P exam. We all have to go through it. As you stated that your progress notes are up to date, just keep going and it should go well. Now if for any reason VA tries to reduce
    3 points
  5. Rambo 123 Sorry that you have been getting the run a round but as you realize, it is confusing trying to deal with the VA. The short answer is that they feel that there is clarification to be had by having a review at a new C&P. It is further development. Maybe, it has something to do with the conflict between the diagnosis/effective dates? You didn't say when you are scheduled, but I assume it is fairly soon. You should know that it is important to be sure you attend; otherwise you could be denied. You could try to contact the director at the RO who schedules the C&P's and state your
    3 points
  6. Broken Speaking for myself, there is no need to apologize. We all have bad days, maybe more than our share I think. For sure it is great that you work at the VA and are able to give back to veterans that is very uncommon. We, too try to help our brothers and sister veterans in our own way, here and in other ways. But you provide insight and a first hand knowledge that Hadit really needs and is tremendously helpful to countless people. IMHO there isn't anyone using this site that's perfect, and that includes me for sure and probably you as well. Not to worry. Keep on helping out as well as you
    3 points
  7. Forgive me for the late post, as I actually got this decision at the end of July 2020. It took two months for it to sink in to my thick head. I was increased to 80% combined disability. Here is the kicker: the VA also awarded TDIU along with that increase. Even more surprising is this: this was a “regional office adjudication” and not a BVA appeal. At this point, I have had three decisions (the initial 50% award, which was then CUE’d and increased to 60% by a second decision. A subsequent increase was filed again and about 10 months later was increased again to a combined 80% with TDIU.)
    3 points
  8. Well its not on every week just ever now and then they have these live shows where you can call in. Jbasser usually sends out a post here on hadit.com as for as when they have the shows and he puts their guest names in the post so you have to look for the hadit podcast radio show,,,Its called Exposed Vet/Hadit .com radio show. Thursday evenings is when they have them 7:00 pm eastern 6:00 pm central time..it should be a post about it and the topic when they have it he puts it on here. you call the # he puts up and then hit #1 they will get to you usually Jereald Cook
    3 points
  9. Well not to be mean or anything just because you have a diagnosis for OSA and was giving a C-pap machine does not cut it with these raters they will deny 100%of the time FILING SECONDARY CLAIM to be connected to your PTSD for OSA YOUR GOING TO NEED A SLEEP DR to give his/her medical opinion that your PTSD AND THE MEDICATIONS YOU TAKE FOR IT IS LIKELY AS NOT THAT THIS VETERANS OSA IS CAUSE BY OR RELATED TO HIS PTSD MEDICATIONS AND HIS PRESCRIBE C-PAP MACHINE IS MEDICALLY REQUIRED TO USE. THE DR NEEDS TO READ YOUR MEDICAL RECORDS THAT PERTIAN TO THIS CLAIM AND EXAMIN YOU.
    2 points
  10. Foxhound6 When the VA does a C&P, they are supposed to tell you the purpose of the exam. Sometimes they don't. Happened to me as well. I thought it was a routine check on my heart condition but it was for a C&P and didn't tell me. If you said something while a claim was open regarding a MH condition, the note in the file was caught and it generated the exam. Not a bad thing, but you should have been notified. If the exam results in a favorable finding for a disability for you, (sometimes) the VA will give you a rating for it. But sometimes you may have to submit a claim for it using th
    2 points
  11. Welcome ShuMan Great to have you aboard. Additional set of eyes (and opinion) is always going to benefit everyone.
    2 points
  12. If this is a life or death emergency, and it sounds like it is, get your treatment privately and worry about who pays for it (insurance, VA, etc., etc.) later. However, you can try calling the presidents hotline, some have had good results with that. There are several "progams" available, and it sounds like your son is slipping through the cracks. Source: My son was into drugs and alcohol. It hurt me so bad (maybe worse than him), that I went crazy. I knew something was wrong with my son, but not sure WHAT it was, as he kept it hidden. So, I went off the deep
    2 points
  13. According to this, we are looking at "about" 1.3 percent Cola, but It could be better, or worse! However, most noticed food prices went up in the past few months. I am gonna guess 1.5 percent or better. My guess only. https://militarybenefits.info/cola-increase-watch/
    2 points
  14. "If" the reasons for SSDI are conditions to which you are all SC by the VA, this is prima facie evidence for tdiu. You need to fight them on this, you should win. Still, with VA you have to show you can not do "Any" job, not just your current job, as Foxhound6 correctly observed. This may take a Voc rehab assesment to determine your suitability for retraining. For example, if you could not work due to knee problems in your warehouse job, a voc rehab assesment could determine whether you were a good candidate to be retrained, say, as a programmer or accountant, that did no
    2 points
  15. My opinion is you would not WANT to do a HLR or SCL more than twice. In fact, I am not sure they are a good idea ONCE. Regardless, the procedure is, if denied, and you wish to appeal, take it to the next higher level, as explained below. I think you want to get your claim to the BVA as soon as possible, when denied. Res Judicata suggests you an only appeal a HLR or SCL ONCE:
    2 points
  16. My suggestion is that you call 800 827 1000 and insure the BVA decision under your file number is your name. When I received my 2017 decision and waited 6 months for payment with nothing happening. Checked the problem and found a negative decision a month earlier with my first name but a different last name had been entered under my file number. Took another 2 months to correct that and get my 9 years of back pay. My April Executive Director, Compensation Services / DROC decision took from April to August because it was over $250,000.00 in back pay back 2009 to 1985. There were a hal
    2 points
  17. dtoney2000 Sorry, but you have to provide a bit more info so we can help. What exactly are you trying to accomplish? Do you already have a disability rating from the VA? Did you recently file a disability claim and haven't gotten a decision yet? Was it denied? If so, redact your name and other personal info in response and post it on this thread.
    2 points
  18. I hear Dr Ellis out of Okla city is a great with Veterans and writes up very favorable IMO/IME's The only thing there is the Veteran needs to travel to him and they have a Motel near by his clinic, this Dr will need to examine you in person, now unless he can give his medical opinion without examining you? which Dr Ellis is a honest Dr, you can call his office and talk to the clerks, I know 2 veterans that have used him and won their claims based on Dr Ellis IMO/s but the only thing is they had to travel to him..His.IMO were fairly reasonable if I remember right his IMO Letters are dif
    2 points
  19. Shrek It may be worth a 30% rating See this case https://www.va.gov/vetapp14/Files2/1419164.txt Citation 1419164
    2 points
  20. Shrek If I understand your issue, you have to get an IMO from a specialist that will eval your conditions and say that it is difficult to determine how much pain is attributable to one verses the other but based on their rationale is is more likely than not that x (the higher rated condition) contributes pain more than the other. Not easy to get I would think but get a doc like Arnise or Ellis to consider your situation.
    2 points
  21. Me too and I feel your PTSD claim is solid.
    2 points
  22. i thought you might find this article helpful https://www.hillandponton.com/part4-rating-ptsd/#:~:text=This condition is the 6th,of PTSD at some level.
    2 points
  23. Also Remember You will need to be diagnose by the VA Dr's psychiatrist or psychologist and a VA L.C.S.W. can also diagnose PTSD they are the ones you normally see when referred to them by your Dr or VA PCP the Dr signs off the the L.C.S.W. Diagnose. THE L.C.S.W. is the first person a veteran sees when getting help for his MH Issue If your claiming MST I can only refer you to the MENTAL HEALTH COORDINATOR FOR EVALUATION. Just remember anything you say you can back it up, when you go see a C&P Examiner this is when things gets fairly rough and you may become emotio
    2 points
  24. Pick from this list: https://www.vetadvocates.org/cpages/sustaining-members-directory You can get an attorney near you, or a "national" attorney can represent you. Some names Im familiar with: (You may have to contact multiple ones, its not unusual for them to decline to represent you. They are mostly very busy, and expect one or more to decline your case. It does not mean you can not win, it could mean they are not experienced with effective date law, or, that they are so busy they are not taking new clients right now.): Chris Attig, Attig Steele: https://attigcurrans
    2 points
  25. OK you have to understand that most of the time before VA will make a decision they will most likely schedule a C & P exam to try to get a more recent picture of the your disability. Now what happened to my claim is that it was remanded from CAVC to BVA and they granted it and it went to the local VARO and they sent me to an updated C & P exam and low balled my rating decision. I filed an NOD and the local VARO increased my rating (granted my CUE )but screwed up my effective date. I filed another NOD and the local VARO denied my earlier effective date and reduced my rating so I ha
    2 points
  26. By insisting on "big boss approval" of large retro, this means that at least 3 "sets of eyes" go over the retro with a fine tooth comb, "looking for ways to deny it." Of course, if you dont want the big bosses looking over your work (with a fine tooth comb), just deny it and nothing will ever be said.
    2 points
  27. It is easier to find in cfr 4.124a Headaches are under dc 8100; same as migraines. Here is a quick reference https://www.law.cornell.edu/cfr/text/38/4.124a Just to add to what Shrek said, I don't have the definition in M21-1 but prostrating+ simply you can't do anything, you have to lie down in a dark room for some time ex. 3-4 hours. Completely prostrating= same as prostrating, but much longer in duration, maybe vomiting, no noises, light bothers you, maybe over several days. Just more severe for a longer time. Severe economic inadaptability you can't go to work. You can't stay at
    2 points
  28. I agree with the answers above. Think of it this way. You go to a c and p exam, say March 1, 2019. The doc says you are totally disabled but does not give a date. (often). So, the va uses the exam date. Understand what this means. On Feb. 28, 2019, you are fine..no disabilities. You go to an exam, and poof, you are 100 percent disaled. Gee what did that doc do to you to make you disabled? Instead, your doc should have said, "records show" you have been disabled since mm-dd-yy. For example, that effective date may have been when you sought, You will need
    2 points
  29. I agree with Pacmanx1 100%. Someone with all your history, including difficulty holding a job, should put in for depression/anxiety/ mental health disability. Like he says, most days he feels he can handle the situation, but that is what MH conditions are. Don't self diagnose; you don't know WHAT kind of MH condition you have due to your multiple s-c conditions and pain. Let the VA figure it out. Look up the diagnostic codes for MH conditions, and see if you honestly have any of those symptoms. If you do, be sure to submit a statement in support of claim form that talks to how one or two of th
    2 points
  30. I believe this is an internal product code used to identify rating errors that need to be addressed or corrected. "My VSO told me that you only get one shot at CUE so he filled only for the EED going back to September 2008, thinking that they might call CUE on themselves". Your VSO is incorrect. I won't get into the details about that but this statement is not true. Due to the fact that VA called a CUE on themselves it's most likely what generated this code. If you recently received a decision granting an EED but it did not go back farther in your opinion and you disagree with it, you can sti
    2 points
  31. You can only be rated for one or the other its PTSD or Depression? if they both warrant 100% then the VA will decided which one. (Only one M.H. Rating) Inferred means they have a statutory duty to give you the correct rating when a Veteran is rated 100% and has another service connected separate condition rating of 60% or higher then ''Special Monthly Compensation'' comes in to play the SMC S House Bound is another 375.00 with a dependent extra on top of your 100%payment they add them together. *NOTE , I AM NOT SURE WHAT THE $$ IS WITH DEPENDENT FOR THE SMC-S, BUT ITS CLO
    2 points
  32. https://cck-law.com/blog/obesity-and-va-disability-compensation/ There is other stuff out there about it as well. My SA claim was granted by way of this in 2014. I have both physical and mental issues that collectively contribute to my weight gain, which is a large cause of my SA.
    2 points
  33. I am in the same boat with you and it is never a waste of time. Keep fighting. Remember this is what they want is for us to doubt ourselves and give up. If we give up they win! I just sent mine to the BVA, because i did not do it secondary to PTSD
    2 points
  34. My 2 cents: Dont show your "hand" too soon, as in Poker! I just asked on a 21-4138 for a copy of my claims file, 3 times and all 3 were granted. I think many Veterans apply for benefits too narrowly: Example: "I want to apply for anterior cruciate ligamanet damage secondary to bilateral plantar fasciatis". The reason this is bad is because a doctor could diagnose you with something else..or another cause. Instead, "Apply for SC for both right and left knee issues, both primary and secondary to other conditions". "This includes arthritis and other tissue, mus
    2 points
  35. Good post by Blah. Good advice. You don't lose until you quit trying!
    2 points
  36. just as a side note....a "real 90%" SC...not the rounded up number...im currently at 86% but rounded to 90%...so i have even further to go i think i just won my OSA appeal which will get me my 50% but i still have some pendings appeals that i hope will put me at 100% finally. its been a long 12 year journey boys but i see the light at the end of the tunnel. and it can be that way for you too @95Maxima...dont give up brother...remember the VA moto...."deny deny deny till the vet gives up and/or dies"....dont be a statistic in favor of that moto...be the exception and remember the trainin
    2 points
  37. ok so just an update on this. quickly. i did contact my congressman on this and they got a response from the VA that they were working on it and would send ASAP and had already notified me that they were working on it? i dont know if thats what the letter i received meant but i guess thats what they intended. so my congressman said to just wait. the claim was never closed on VA.gov so i waited. and waited........and waited....... this week the claim finally closed. so i guess they are finally sending my C-file. thanks to everyone that was helping me with this and tried to decipher t
    2 points
  38. It sounds like you should appeal beginning by filing a NOD. You could also consider filing for TDIU if your doctor says you are unemployable due to sc conditions.
    2 points
  39. Hi Sharm What ever you submit goes against the ITF; if you submit 3, then all three will have the same effective date if you win. Not sure what you refer to as "normal." An ITF is a notice to the VA that you are submitting a claim and that notice "locks in" your submittal date. In most cases, and there are exceptions for just about anything the VA does, all the disabilities you submit at the same time will be held and decided in the same notification letter. If you have an open claim, and then submit a new claim, it is a NEW claim. As additional claim, it can be combined with the first claim a
    2 points
  40. Usually they need the stressor to justify the exam either by concession/presumption or on an 0781, or as part of your claim. Lately we’ve don it a bit different by doing the exam first because NPRC and JSRRC are open limited to none and that’s where the record research comes in.
    2 points
  41. This is a very serious thing to undertake. There are no perfect law firms, and often the attorneys have to work with what is in a legal sense. Having a great attorney with experience is huge. I had Chisholm, Chisholm, and Kilpatrick. They were great, but when I appealed the lowball RO decision to the DRO, they wanted to fire me as a client. So I asked them a simple question, “When I win, and I am going to win, do I get to keep the attorney fees?” They called me back in an hour to say that they were staying onboard with me. Had they dropped me, they would have lost $60k. One thing I know for a
    2 points
  42. Ok. AT THE CAVC, yes, attorneys can get paid for "REMANDS" from EAJA (not from the Veteran). Attorney's are not prohibited from getting paid with remands. (Even tho a remand may or may not result in additional money to the Veteran). To reiterate, EAJA, not the Veteran, compensates the attorney when the Attorney gets a remand at CAVC. In this instance, the lawyer will get paid and the VEt wont get anything UNLESS, after the remand is implemented, the Veteran wins. Further, "NO" I do not suggest switching attorneys in the middle "unless there is a COMPELLING reason". So
    2 points
  43. @Joey Ross I just had my HLR informal conference call and asked about this. They said HLR's are worked in the order in which they were received. Mine was received by the VA in April 2020 and is estimated to be completed this week. It looks like they are running around four months. A couple of other HLR posts within the past month are showing the same. Of course, if the VA is having to request records from somewhere, perform new C&Ps, etc..., that would likely cause a delay. If you are in a provably desperate situation such as homeless, terminally ill, etc... you can ask the VA to
    2 points
  44. Unless you have it documented within a year of leaving service you can't go 'presumed' and get automatic service connection, but gastritis is a functional intestinal disorder that is listed under 3.317 generally as 'functional gastrointestinal disorders' for Medically Unexplained Multisystem Illnesses. Not having it in your SMR's could actually help because you generally have to show that you 'didn't' have something prior to GW service, and then afterwards you 'did'. (this is me spitballing, here- thats the basis I would use if I was submitting it for an examination). If you can show service
    2 points
  45. 63Charle Somehow, I don't think their numbers on customer satisfaction would be as high if they waited!
    2 points
  46. I was certified with the BVA August of 2019. The status changed Feb 2020 to awaiting Judge review. August 2020 status updated to Judge is reviewing decision soon. I don't like calling the BOVA line because some of the agents are extremely vague & rude. It's very difficult managing through major depressive disorder & the appeals process. I held my breath & reached out to the BVA & unfortunately there attitudes weren't any different. I was advised by four different agents inadequate information. When asking for a supervisor they are argumentative & I never hear back.
    2 points
  47. The regular DBQs do have a "remarks" field at the end, but the VA uses a separate internal form to document the medical nexus/opinion as to whether or not they believe the condition is related to service. I would recommend that in addition to any private doctor's DBQ, ensure they send a corresponding independent medical opinion. If they can fit it in the small "remarks" box on the DBQ, then great. Otherwise, it should be sent on their letterhead. The VARO folks will probably kick it over to one of their own VA C&P examiners for "interpretation". For what it's worth, don't expect
    2 points
  48. When I meet with my D.R.O. at my R.O. for my Informal D.R.O.. Hearing HE NEVER MENTION WHAT HE WAS CLASSIFIED AS A GS 13 STEP-8 OR WHAT EVER HIS YEARLY INCOME WAS. BUT HE WAS THE SENIOR RATER AT MY R.O. with more experience than the rest of them , but at least he did review my claim and it was a favorable outcome. Matter of fact he wrote in my award letter that ''with a Senior D.R.O. and a senior rating specialist present at this Veteran hearing , his disability is real and a increase instead of a decrease will be warranted. or something like it I can't remember what all
    2 points
  49. I usually come to answer questions, but I started out asking them. I dont often get "stumped" anymore, at least not when it comes to benefits. However, I still have areas where Im still "weak", such as on DIC and widows benefits, thank God we have Berta for that. Im pretty sure I have answered at least 12,000 questions. Years ago a school teacher told me, "You dont really learn something until you try to TEACH it." I have won all my benefits, back to 2002, even tho multiple Vets advocates, including more than one attorney, said that would not happen. Persistence, preperation an
    2 points
  50. Thank you Ms T , had you never got hadit going most of us would not be where we are today and all of us vets old & new We thank you from the bottom of our hearts for that . I am grateful to you for getting hadit going its a wonderful site and after were all gone ,I hope and pray these new young veterans will keep hadit .com strong as it always is. hadit has been a therapy for me when nothing els works except the hot-line # when I am down and depressed and my anxiety gets the better of me and I can't think Hadit and its members make me want to live and be a better m
    2 points
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