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It's been around 3 years or so since I started down the VA Claims path. From what I've seen reading through these forums, that's a really short period of time to have achieved what I've been able to. I've had a great deal of help from others on this site, and I've had my share of frustrations with the VA as well. In the end, it was absolutely worth it. My hubby and I are both Veterans. I started this whole VA thing more than 20 years after leaving service. Neither one of us knew anything about the VA until we got involved in a group with a bunch of Combat Veterans who convinced me that it would be worth my while to at least take a look at it. As of last week, we are both now 100% P&T. I've learned a lot along the way, and I try to help others with what I've learned as much as possible. Some tips: 1. Be organized with your claims. Site what you're claiming, what evidence you're using, and then highlight what you want them to read on said evidence. 2. Prepare for the C&P by reading their rating guidelines. Don't just show up. 3. If you don't have an event documented that actually happened, get a buddy statement. More than one if you can. The more, the better. 4. Do your research on what you're claiming before you submit it. 5. If some of your evidence is from PMR's, only submit what supports your claim. DO NOT grant the VA blanket access to your Private information. They will try to get you to sign a form giving them access, but the law only requires you to submit evidence that supports your claim. Don't cause yourself unneeded problems. 6. If you end-up hiring a lawyer, don't expect them to be as thorough as you would be about your case...or as fast. They will literally wait for the 1 year dead-line for appeal to actually file the appeal. And it won't be some multi-page legal brief. It will literally be one or two sentences siting the part of the law that was violated or whatever the basis for the appeal is. You will most likely never even speak directly with an actual lawyer. You'll deal with their legal assistant. Like anything else...some advice the legal assistants give is good..some isn't. If I'd listened to the legal assistant's opinion that filed the appeal for my husband, he wouldn't be at 100% P&T today. 7. When in doubt, claim it.

The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview: Granted The judge granted the following issues: Increased rating, 100% rating for individual unemployability If this decision changes your disability rating or your eligibility for VA benefits, you should see this change made in 1 to 2 months. Now the long wait and hopefully I can move to that forever home.

So my Voc Rehab counselor called and said they were ready to start purchasing Step stool to get in and out of car Kitchen height adjustable so I can sit at my countertops to prep food. Prescription dispenser with alarm. (I asked for a different one than they suggested so I am waiting to hear.) Lumbar cushion for Van. Lift Chair they picked out PerfectSleepChair.com I don't know if that means I'm getting that one or something similar. Zero Gravity Workstation they are offering this one http://www.ergoquest.com/zero-gravity-workstation-0.html which doesn't accomodate my monitors so I asked for this one http://www.ergoquest.com/zero-gravity-workstation-0a.html (I am waiting to hear.) Mobility Scooter Anything over $1200 will need a second approval and anything over $3000 will have to go to a contracting officer. Which is where my Zero Gravity station will need to go. I'll let you know when stuff starts showing up

Yours is a great post, and it makes you sound sincere and human. One of the worst people to lie to is yourself, "pretending" as if everything is hunkey dorey. It sounds like you learned from your mistake. It also sounds like you have a "documented" (medically) history of Suicidial Ideations, in your records. You dont have to have SI each and every day! . Symptoms of depression, PTSD, are known to "wax and wane", that is, you have some days which are better than others. We all have those. Its perfectly fine to tell your doctor, "I have SI today", or "I dont have SI today", and still be rated 70 percent or higher, but, as you pointed out you should be honest. To fix that mistake, I suggest you make a "vow of honesty" in the future. Yes, there is a cost for honesty. Sometimes we have to do things we would rather not do, to keep our promises. But, I can tell you, fortunately, I learned that "lesson of honesty" perhaps earlier in life than you did, but that does not make me better than you. I can also tell you that I never regretted telling the truth..even when it hurt. YOU know your symptoms better than anyone. Therefore, my advice is TWO fold: 1. "If" you feel your symptoms include SI, then appeal. 2. However, "if" you can say you have never had suicidal thoughts, then be content with what is owed you, and apply for an increase, if/when your symptoms worsen. Like yourself, I had/have SI, but I dont have mine every day. VA regulations allow you to tell your VA doc your symptoms on your WORST day. You dont have to tell them your symptoms TODAY. Today you may have been to your kids birthday party and had a great time and feel great. When the doc asks "how are you", I state something close to: "Better today, Doc. Last Thursday (give the day/date of your worst day) it was awful. Then describe your worst day. Vets make the mistake, when they go to a c and p exam of answering "Fine" to how are you. Then you have to backpedal the whole exam. Instead, this is your chance to describe your worst day, and you should tell what happened on your worst day. Then, when you have told the truth, you needent worry about a future reduction. You didnt tell the doc you had SI every day, you tell him you had them on your worst day.

Moderator, you might want to Pin this somewhere, as this seems to be a recurring trend. I have given out this information to others, but I will post it here so that others can find it rather than searching through the forum. First and foremost, claiming and getting sleep apnea secondary to PTSD or Mental disorder is not easy. I have personally seen more lost than won, however, it can be obtained and I myself have personally received it. If you had sleep apnea diagnosed while in active duty, it is usually a slam dunk........for the rest of those trying to get it, it could require a lot of work. I suggest trying to get it both direct and secondary service connected. It is easier to get sleep apnea as a direct service connection obviously, however, most Veterans do not get it diagnosed while in service. Best way to get that resolved is through buddy statements. I suggest getting 3-4 (I personally had 7-8) or more. Do not have them only say that they saw you snoring.......that is great and all, but that is not a symptom of sleep apnea.......it is incidental. They would need to say that they saw you gasping for air, choking, etc. Preferably roommates. If you were deployed, it would be easy to have many people saying that they saw/heard this as you would have more than likely been in an open bay setting at some point in time. You can also have your spouse write up a statement. This all needs to be during active duty periods of times and dates need to be included. M21-1 reference III.iii.2.E.2.b "Types of Evidence VA May Use To Supplement or as a Substitute for STRs" allows for buddy statements to act as STRs for medical evidence.........if they are certified "buddy" statements or affidavits.............having them written on VA Form 21-4138 solves this issue as it has the appropriate verbiage written near the bottom. Under M21-1 reference III.iii.1.B.7.a and 38 CFR 3.200, it meets the certification criteria..........problem solved. From my experience, getting all of the buddy statements needed can take longer than you originally anticipate....plan ahead. Now, for secondary criteria. Have you ever been diagnosed with alcohol abuse (it is frequently written as "ETOH")? If so, has it been attributed to your mental disorder or did it exist prior to that and is it considered willful? If you have been diagnosed with alcohol abuse, and it is attributable to your mental disorder, guess what, alcohol consumption is attributable to sleep apnea. would suggest that you start doing your own academic research. You might be able to locate peer-reviewed academic journal articles (those are the types of articles that you want to submit) through https://www.researchgate.net/. If not, another alternative is using a college database to search academic journals through. Ah, but you need to be a college student to use the database to search academic journals through. One might make an argument that you could register for classes at a local community college (you can even register online nowadays without even stepping foot on campus) and even register for "late start" classes, and have access to the aforementioned database immediately (hint hint, look in the academic journal Chest); one could easily find within a 60 minute search at least 5 appropriate and recent journal articles clearly establishing a link between specific mental disorders and sleep apnea; there is a clear link between PTSD, anxiety disorders, depression, and especially schizophrenia. One might make an argument that you could simply then disenroll from the classes that you enrolled in by the date specified in order to get a full refund, thereby being charged nothing. Save the academic journal articles as pdf files, and create a work cited page (bibliography) for them in APA format (google is your friend.) You now have a choice........... Submit your claim with the buddy statements, mental health notes from a private provider, and evidence that you have and go with either a VA exam or vendor exam (whichever is given) or you can get an IME and IMO from private providers. If go the latter route, I would schedule one with a sleep specialist, why, because sleep apnea is their specialty. Pulmonologists also fall within this scope as well, though I suspect that you will have better luck finding a sleep specialist believing there to be a link between mental disorders and sleep apnea. You will get a Sleep Apnea DBQ and an IMO. Make sure that you have your C - File first as an examiner is required to have access to it and state that they have seen it on the DBQ for it to acceptable proof to the VA. I would also get one from your psychologists/psychiatrist (Make sure that they are a psychiatrist or a psychologist.....if a psychologist, they need to be PsyD or Ph.D., or under the observation of a Ph.D.). Make sure before you solicit those medical opinions, that you acquire "buddy statements" from 3-4 (or even more) people with whom you served. Roommates would be best, or people who slept in close proximity to you.........again, this is only if you believe that sleep apnea developed while you were in Active Duty service. Make sure that they are written on VA Form 21-4138. Make sure they say that they witnessed clear symptoms of sleep apnea i.e. gasping for air, choking sounds, moments where they visibly or auditorily could determine that you ceased breathing etc. Remember, you will want the sleep specialist and the psych professional to have your academic journal articles and buddy statements. Once you have all of them, solicit your medical opinions from the two aforementioned providers. Ideally, you would love for the IMOs to say that they believe that you could be both direct service connected for sleep apnea or secondary due to mental disorder, possibly even say that the mental disorder and sleep apnea aggravate one another (which there is medical evidence to support.) If you opt to go the route of getting the private IMO and IME, you will obviously submit those with your claim, and all medical records from private providers pertinent to sleep apnea and your mental health treatment, buddy statements, academic journal articles, and a nicely written statement written by yourself on a VA Form 21-4138 talking about the issue at hand and summarizing everything concisely. Mention everything that you are providing that you wont to be considered for the claim, and when the issue first manifested.

We are often given bad advice on our VA disability claims, by VA employees, VSO's, or even well meaning hadit members. However, if a hadit member posts bad advice, mostly others challenge it, and even correct it. This rarely happens with VA employees or VSO's advice. Here are my top 10 bad advice statements: (Dont make these mistakes) 1. If you apply for an increase, you will be decreased instead. Its actually difficult for VA to reduce you, especially if you refuse to roll over and allow them to do it. Source: 38 CFR 3.344 2. "Wait" until issue "A" is completed until you apply for "issue B". This costs Veterans retro. Your effective date cant be earlier than the date you applied. (Exception: If you apply for benefits within a year of discharge, you can get an effective date back to your date of discharge) 3. Ignore letters VA sends you. They often contain deadlines for additional evidence, or other deadlines. Keep VA up to date on your address, you may not get letters you need to have! 4. Solely relying upon information a VA employee or VSO tells you, especially if it smells fishy. If you smell fish, chances are good there is a dead fish nearby. Give the advice the "smell test". 5. Solely relying upon information "you were told". I cringe whenever I hear "I was told...." Usually, this precedes bad information. Check this information on hadit, review the CFR's to see if its consistent, or check the VBM (Veterans Benefit Manual) instead. Remember, neither VA employees (nor VSOs) nor politicians keep promises 100 percent of the time. VA will not hold accountable an employee who gives you bad advice. 6. Not reading your decision. Bad idea. How do you know whether or not to appeal it? 7. Not reading or knowing whats in your cfile, and guessing instead. What did your doctor say? Did he WRITE DOWN what he said in his office? Find out and read it. Its your claim. 8. "NOT" enlisting the services of a professional (lawyer or claims agent) when necessary. For example if the retro potential is large, or your claim is complex. Your bias against attorneys can often cost you money. Hiring an attorney "does not" always cost you money. In fact, it should never cost you money...you should get more, much more, with an attorney than without him. While there are many circumstances when an attorney is not necessary, such as your initial claim, when you dispute the decision you got, its a great time to consider your options as far as a representative goes. Not all Veterans have the resources or skills to do their own claim. Did you know that some law firms will "up front" the costs of an IMO in order to win your claim (especially when the Vet can not afford an IMO). Incredibly, there are many "Pro Bono" law firms (such as NVLSP) which do not charge Veterans for their services. Also, EAJA (Equal access to Justice Act) pays many/most Vets attorney fees at the CAVC level). 9. Poor reasearch/no research. Chances are great other Vets have had a similar issue before, and its already been decided by the BVA or CAVC. You can check to see what happened to them so that you either dont make the same mistake as they did, or you can do it the way they did and succeed. 10. Giving up too soon. If you truly feel that you deserve the benefit sought, there is a great time to give up: NEVER! Persistence often pays off when giving up does not.

It says you are missing "Caluza element number 2"...an "in service event or aggravation", and, Caluza element 3, Nexus. In a nutshell, you need to appeal to the BVA, like about 80% or so of the other Vets who were denied and have to appeal. You "may" need an IMO/IME with clearer nexus which would point to the in service event. Welcome to the VA hamster wheel of delays, denials, lowball, and hornswaggling the effective date. You have to keep fighting.

I am really excited and surprised to learn that I finally reached my 100% P&T SMC from the VA. I just wanted to express my appreciation to this website reading about others success and not giving up. I was truthful with my disabilities to my C&P examiners and when I doubted my issues would not be looked at seriously I found that they were. I often think about how I wish I would have done this years ago. I know back then that I did not understand the system and that all I needed were my medical records (enlisted and VA) along with understanding how my illnesses/issues were connected. I always thought that being female in the military was really hard, but proving your disabilities afterwards seemed unimaginable. However, I did it and now I am 100% P&T SMC. I am not going for TDIU because I really love my job and have no intention of quitting/leaving at this time. Thank you HADIT for assistance with my guidance in this process!!!

Buck, you sir are also greatly appreciated. When I found this site like others, "I was mad as hell and I couldn't take it anymore." I remember the quote but I don't remember who said it. This site is somewhat therapy for me. Plus I can glean a little about my own claim. Never could I imagine that so many veterans would be going through some of the same situations. Even some are so dang close to my claim I can swear that someone is looking at my claim and posting or responding to my post and it is scary. Maybe it is my paranoia but they are real close. Dealing with some of the Sugar Honey Ice Tea I had to go through, I don't want any other veteran/person to go through it. I went way below rock bottom and I am still trying to crawl my way out/up. The disability is just one factor but when you add losing your family and your home it makes thing even harder. I know there are some horror stories out there about what some veterans had to go through while VA decided their claim/fate that you would really not believe and really not want to hear because of the true gut punch feelings that would just make you sick.

Just a month ago I hit 90% from 30%, literally a month later got more back pay and generated a benefit letter on ebenefits. They upped me to tdui permanent and total disability. I went from almost losing my house two months ago to being debt free. Thank you everyone who answered my questions and helped.

Geeky, this is a White House call if I ever heard one. I would have lost it half way thru. Un believable!!!

I met Alex a few years ago on this forum. At that time, I was SMC S but believed I should be rated SMC L. I tried for a couple of years to obtain SMC L, but the VA always found ways to deny my claim. After joining up with Alex, and after a few battles with VA, he was able to get the board of Veteran appeals to advance me to SMC L. As my conditions worsened, VA again denied my new claims for increased SMC. He filed appeals to the BVA and later was awarded SMC L1/2. Later, a new claim was filed for smc M which VA found new ways to deny. So Alex filed another appeal to BVA and successfully obtained SMC M. Alex still belied the VA was not providing me with the appropriate SMC level and Alex filed a new claim for R1. Again, and on multiple times, VA denied my claims for R1 and even closed a few without even a decision. Late last year, Alex filed another appeal on my behalf for an earlier effective date for SMC L, increase to SMC O and increase to SMC r1. Before I divulge the results of the appeal, I have to commend Alex on his knowledge of SMC. Very few in VA know how SMC works which was certainly apparent in their continued denials. If you have issues with your SMC claims, your first thought should be Alex. On to the appeal, the judge agreed with Alex, and I was awarded an earlier effective date along with SMC O and SMC r1. My back pay will be over 6 figures. Take it from me, the only reason I obtained R1, is because of Alex’s extensive knowledge of SMC and his ability to craft thoughtful appeal letters that cite the appropriate case law. Again, thank Alex for your support.

The U.S. CAVC veterans court made this favorable to vets decision in 2012. "In Jones v. Shinseki, 26 Vet.App. 56, 63 (2012), the Court held that the veteran is entitled to a rating based upon his unmedicated condition – that is, the higher disability evaluation – if the effects of medication are not explicitly mentioned under the applicable diagnostic code of the rating schedule.Compare See 38 C.F.R. § 4.71a, DC 5025 (2014) (providing, inter alia, a 10% evaluation for fibromyalgia that “requires continuous medication for control,” and a 40% evaluation for fibromyalgia that is “constant, or nearly so, and refractory to therapy”); 38 C.F.R. § 4.97, DC 6602 (2014) (providing varying evaluations for bronchial asthma based on the type and frequency of medication required).The Jones decision has the potential to help a lot of veterans. Most diagnostic codes do not consider the ameliorative effects of medication. Let’s take the General Rating Formula for Diseases and Injuries of the Spine under 38 C.F.R. § 4.71a, DCs 5235-5243 — not a word is mentioned about medication.Therefore, a veteran’s forward flexion of his service-connected spine must be measured according to his unmedicated condition. That is, his range-of-motion must consider the limitation caused by pain when not relieved by medication." This is the full answer to your question. Some VSOs and former VSOs give only short half answers My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Here is more C&P BS put out by another admin at another forum location (not this one) "You do realize that a NP is more than capable of completing a C&P exam right? This isn't someone treating you for some rare condition. Any bachelors of nursing student in their final year could likely read your medical records and do a c&p exam." This is the very reason why the many many BVA appeal decisions rule against a VARO rater claim denial because the BVA finds the C&P examiner's negative exam opinion against the vet to be defective or inadequate and in many decisions such as my two recent appeals the BVA compares the VA examiner's credential or lack of to the private doctor's favorable opinion and his many years of medical expertise experience to include professional qualifications such as surgeon or specialist. Often even without a doctor's MO supporting the vet the BVA will still rule against the examiner's negative opinion when weighing the other positive medical evidence in the record for the vet against the dufus examiner's non qualified judgement negative opinion. The whole ****** system is corrupt as hell at the initial VARO decision level. These VA and contractor C&P examiners do a h*** of a lot more than review medical records as the inexperience booboos make critical judgement calls as to whether or not the veteran's disability is related to military service or another service connected medical issue and gives excuse for VARO rater denial of the initial claim. Please seek advice from experienced members of this forum before listening too another My comment is not legal advice as I am not a lawyer, paralegal or VSO

Couldn't agree with Jake206th more. Everyone trying to navigate the VA benefits system is going to need some assistance at least sometime. But all advice is not the same, and it is bottom line, up to the veteran to educate themselves to be able to make the best choices. Just doing the simple task of getting more than one opinion will tell you there is more to find out in order to make the right decision. The easiest way isn't always the best way.

Unicco, like others have stated here, medical evidence relating A to B with medical rationale is what will win. Tying it to service and relating the symptoms to the disease and or event is what will get you over that hump, whether primary or secondary related to, I have to say that it is tricky, when it boils down to it you really need a specialist in the field, that is familiar with your records and the diseases that you are trying to connect, to rationalize a, at least as likely conclusion, using your claims file and specific symptoms and events, to win the at least as likely argument. The VA can work it, twist it, manipulate it, and so forth, but this formula is what is king, this formula is what will win. I'm sorry to say we all have had to jump through the hoops and follow this process but in time, I believe it to be the proven method. This is just my opinion and two cents. I hope that this helps you to reach some solutions to your claims. Good luck.

To add - by"accept" above I mean that the VA has to actually read it. I filled a CUE and got a Double DRO review many years ago because the DRO never acnowlded my IMO from Dr. Bash. I asked my socalled Vet rep, who had gotten a promotion ( was since Demoted and taken off all claims issues) to be at the VARO office to represent me before the second DRO review and to make sure the DRO accepted my IMO (s) and got them into the record. I got the same DRO ,who did not accept the IMos in the denial and she handed him-the Vet rep, back the IM0s saying she could not read them. He did not get them into evidence -the whole purpose of him representing me before the DRO. This was a Bonafide CUE, but I was enrolled into AMU by then and had Phi Theta Kappa transcript from my other college so I decided to appeal to the BVA, to maintain my all "A" average-at AMU- (Their first civilian) which was far more important to me then fighting at the RO because by then I knew their DRO was not the only illiterate claims person there. All of this VA documentation ,on how VA treats some of us widows of veterans, will be in my book , "Death by VA". In many respects my FTCA case was far easier than any claims I had filed with the RO. In those days-1995 - I could not find an IMO doctor at all and about 20 so called lawyers in NY told me I could never succeed in charging the USA with wrongful death. I settled with the USA in 1997.Wrongful death but no Peace wth Honor in that. My subequent BVA case however, awarded a direct SC death award. All of my IMos were considered carefully along with all of the other evidence I had. This was for a disability the VA had never diagnosed or treated-only case like it I have ever found. Peace with Honor for my husband and for me came with that award. My IMO/IME fees were easily recovered by the additional benefits I did not get under the Section 1151 DIC award letter which also contained a SMC CUE the VA awarded, after a long and unnessesary battle because my RO was unable or unwilling to read and comprehend the SMC S regulations with an obvious CUE on the 1998 rating sheet. I feel that I often have to justify my advice here but I shouldnt waste my time doing that. I am also willing to give links to support my opinions. But it is obvious that some of those links are never read by others who need them. Our members and guests can weigh the advice here.

That's where the VA and I digress. VA likes to throw anything and everything associated with a disease into the same basket. The actual language, as parsed in numerous CAVC cases, is the unique language used in §3.350(f)(3) and (4)- - must be separate and distinct and involve different anatomical segments or bodily systems. Based on this, and all the cases I've won citing to this interpretation of the language in the regulation, psoriasis is rated under §4.118. Arthritis is rated under Musculoskeletal (§4.71a) between DC 5002-5010. As such, they are two separate and distinct disease processes/ bodily systems. This is what I always argue at bar. With that said, look at DM II or Parkinson's. VA tends to lump everything together. DM II gets PN and DR (diabetic retinopathy) thrown in on top. Sometimes even renal deficits. I've won L using that argument. Parkinson's gets the same full meal deal treatment with all the extremity deficits combined with facial muscle sag, trouble swallowing, etc. I've won using this argument too. What VA does with the SMC S will in large part control what happens some time in the future with an a&a rating. VA will definitely argue the psoriatic arthritis is secondary to the psoriasis under §3.310- which it is. But, for rating purposes under §4.25(b), they are separate and distinct and involve different bodily systems. Trust me when I say someone will come along and disagree with me on this subject but my experience is based on actual hands-on litigation for clients-not speculation and conjecture about what VA might or might not do. SMC is very difficult to fathom. My advice is to stress that the two diseases are not one. Best of luck, sir.

I really never spent much time at my VA..went there for appointments, had a knee replacement, which was only one nite stay, and that was it. This time, I was in about a week. I got pancreatitis, which is very, very painful. IN part, it was related to my gall bladder, which was ultimately removed. I figured I would "review the hospital", rather than bore you with details about my health. Overall rating: 5 stars. the best. VA hospital Pros: (many) 1. Nurses were (mostly excellent). I did draw "the wicked witch" one nite, who goes around complaining about patients not wearing masks and ridicules me if I forget. Gee, I did not know "good memory" was a requirement for admittance at VAMC. Many would not cut the grade. But the others were all fabulous. Spent time with me, did not complain when I turned on the nurse light, even if it was something I could do. (But felt poorly so I elected not to). 2. Doctors..Also very good. But almost all were 25 years old. They went in teams of 2 or 3 docs, so I knew there was training going on. Im ok with that, at least one was 28 and seemed to know more than the others. I understand docs need to be trainied..so I dont mind if I am seen by a trainee. 3. Surgery. Went well. The HHIC (head honcho in charge) was experienced, and supervised a slightly less experienced team which did the work. VA has a very hard time hiring and keeping experienced surgeons when they can make 10x the money in private practice. The problem is with the pay scale. The max VA can pay is about 167k or so per year. Well, Im glad they got that cap, on those administrators who would love to make more. But a surgeon, who is paying 2million in student loans, does not want to work for 167k. Fix: Pay surgeons, doctors more an no GS15 bs, for surgeons, and experienced doctors. The va can afford it, but no matter how many billions congress gives em, they cant raise docs pay. Cons: Not many. But will give those also. VA, like other places has shortages. So soap to take a shower a cap ful of VO5, not real shower soap because of shortages of the good stuff. And, the wicked nite witch nurse, of course, cant be fired because of union rules. GRRRRR. No matter how bad she does. GRRRR. Many good people at VA, but I always seem to find the bad ones. Hospital food was good, but I couldnt even "look" at food for days, without pancreatitis pain reminding me to look away at food. Anyway, gall bladder out, hernia fixed, and recovering in only moderate pain today. Im sure that was the problem. These CONS can be fixed: 1. Poor communication between departments. Why is it they did not do a gall bladder scan 3 years ago, when I complained of similar abdominal pain back then? They did a coloscopy and said, "no, your colon is fine and does not show anything that would cause pain". That pain was probably also my gall bladder stones..they had been there a while. So, the "GI" department cant seem to communicate with the "internal organs" department, and tell them where there is abdominal pain, do a gall bladder scan? Why did I have to live with this, mostly, for 3years, altho at a lesser degree??? Worse, what other medical care is being neglected when VA cant get this right, either? I had something similar happen about 10 years ago. I went into the hosptial (VA was full and not accepting patients so I went to an outside hospital). I had chest pain. The doc comes in my room and says "you have sleep apnea". No I dont! Well, yea, you do. The right side of your heart is enlarged and that is due to your heart not getting enough oxygen at nite while sleeping because of sleep apnea. The doc recomended my heart was fine, but I needed a sleep study done. What if I dont do that? The doc said, its your life, but your right side of the heart will increase until you go into afib and die. Its up to you. Get a study done, or have more heart problems. I had been going to the VA for decades...all departments. Why did it take an outside doc to figure this out? Well, my wife is a nurse and she took me to the heart hospital where she worked and they knew their stuff, and I dont mean maybe. The big reason too many vets fall between the cracks: 1. Poor communication between VA, and the Veteran. We cant call a rater and ask him why they did this or that. They wont give his number, or even name. (anymore..they used to be signed by a human..not anymore). 2. Poor communication between VA departments. 3. Not enough pay for top level docs, while too much pay for many administrators. I may write congressman and tell him he should pass a bill for Veterans which: 1. Mandates VA pay enough for top quality doctors. 2. The va install ONE: "VA master problem solver" available to Vets by phone, per VARO, and per VAMC. No, the VSO can not do this. We used to have a gal here (she must have retired). You had a problem at VA, and she knew who to call to fix it and did it NOW. We need that more.

I finally won my claim at the BVA for GERD. Took me 4 tries to finally get off the hamster wheel. Well, not exactly; I got low-balled, so I have to do another supplemental claim. But I finally got the service connection. As we preach all the time here, I'm posting not to gloat or anything. I just want to remind veterans to share your success stories AND, if you can, make a contribution when you win so this great veteran resource can continue. Make no mistake, I couldn't have had the success I had without all the great info and support here at Hadit.

Hello everyone I am sorry I have not been on in a while, just some unusual circumstances I had to take care of after I lost my wife to Robitic Lung Desease. (its a desesase that basicly frezzes the lungs and keeps them from inflating to breath create oxygen to breath) , they tried everything under the sun to no avail , After 3 weeks on the Vent and being sedated and parylized they had to take the ventialtor out and she lasted about a minute before she passed. I never got to speak to her in the hospital but I did talke to her and hope she could hear me it was a very sad time and I hope none of you have to go through that. This has change me and hopefully for the better all you veteran out there that has a loving caring spouse please help her more and more and take each day serious, We never know when its our time this flat floored me. I plan on getting back to hadit and hopefully help some lost vet that needs his benefits. this is what Hadit is all about and making knew friends and enjoy each others commarodery <ms... I am ok just been depressed and greiving lately...time will heal I hope its hard very hard to keep on going after losing my spouse of 48 years she was my best friend and did most everything for me she helped me with the VA and type up a lot of letters for me, she was a wounderful person and knew most of ya'll ms Tbird and Ms Berta broncovet and broncovet and asknod jerald cook and john basser from the hadit podcast show and all the great guest on the hadit podcast show like Dr Craig Bashand all the VA ACCREDITH CLAIMS AGENTS AND ALL THE KNEW PERSONAL WE HAVE HERE ON HADIT TODAY.. LIKE GB Army and shrektank1 and some others I can't remeber their names but all you knew veterans please listen to what all these people are telling you guys you can take their word to the Bank These claims are somewhat harder /slower due to the covid 19 crap but its getting better and better everyday, just be patient and hang in there you will eventually win your claim/claims never give up thats what they want. don't let that happen. ALSO you knew veterans and some of you regulars please send in a donation help Ms T bird out she helped us unconditionaly its our turn to help her. Blessing to you all Buck52

Hey everyone, I called the VA earlier today to sort out a question. I got ahold of probably the most helpful VA employee ever. He gave me a solid tip for when you need more information about your status than their usual scripted answers. If after their scripted status answer they don't provide any extra useful information, ask them to check the program "Case Flow". According to the rep this is where all the detailed status and notes are kept. He also said if you ask them to look, they are supposed to, including what is written in the notes. This is how I have found out exactly what people have been up to in my appeal. Hope this helps, just having a real idea what the VA is actual doing relieves some of the stress that comes along with dealing with the VA. -After searching about this system, it seems this is only for appeals, and came about as part of AMA.

I just received approval of 5 disabilities I've been working on for over two years. 30 to 80%. Certainly couldn't have done it without the help, knowledge and support I've gotten from all the great folks on Hadit. But even though anxiety can get to you at various stages of the disability process, you just have to "keep at it." A denial is a road block, not the end of road. If it happens, read and understand your decision letter and get back on that horse. Just wanted to let folks know that if I can do it, anyone can. And should. And, as a reminder, I have sent in a donation to Hadit to help keep it going. Anyone who can afford it should, especially if you win and get a decent amount of back pay. So thank you all for helping veterans everywhere.

This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA. VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf

You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community. Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction. You all made that possible. Thank you.

I am down to do $25 a month starting next month.

I WOULD ASK FOR MEMBERS TO SEND IN WHAT THEY CAN & IF MOST OF THESE VETERANS ARE LIKE ME I CAN'T AFFORD TO SEND IN 150.00 DOLLARS A MONTH, I AM LUCKY TO SEND IN 100.00 A YEAR OR EVEN 50.00 . I THINK A 150.00 A MONTH FOR EVERYONE IS WAY TO MUCH FOR THE AVERAGE VET. SO maybe if some of the members can send in what they can and don't hurt themselves, it all will add up..all of us that stay on hadit should donate what they can and not hurt their family's this should be at least be enough to keep hadit up and running. (jmo)

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 and knowledge seem to work when other stuff does not.

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 man . from what I learned here and help other veterans it just makes me feel so gooood and I come down back down to earth, THERE'S NO BETTER SATISFACTION FOR ME TO HELP VETERANS GET THEIR DESERVED BENEFIT'S.. ...>if any of this make any sense . We'll it does to me and Nothing nor anyone will ever replace Hadit.com. We all own YOU the Thanks Ms T. God Bless You Lady. Buck

Buck, Everyone's story is different, but our adversary remains undetoured. With your help and all the help of others on here, I too find hope and I trudge on, Thanks, Hamslice

Bob was a Naval Radio Intercept Officer at the Consulate when the poop hit the fan in Hue during New Year's '68. He got his first V for Valor that week and learned how to operate a M 79 too. He may be Navy but he's my neighbor and he's a Vietnam Vet. Enough said. I took him on in Spring 2017. I didn't do it for the money as much as I did it for the mental exercise in calling b---s--t on the VA examiner. They whacked Bob from 100% for myelosuppressive disorder (MDS), a nasty form of leukemia from Agent Orange, down to 10% for anemia. He got his bone marrow transplant from his sister but it didn't sync. He went on heavy duty Prograf and the secondaries kicked his a-s. I fought him back to TDIU in 12/2017 and that's when they dug their heels in. I went up to the BVA with a shiny IMO saying DC 7003 leukemia , Note 1 says "other therapeutic procedures"... such as phlebotomies and Prograf. VA countered with a new rating of 100% for DC 7525 for s/p leukemia but no earlier effective date. We got 7 months of 100% and 26 at SMC S. It was a nice b***hslap to the Bozos who screw us. The $2 K IMO was well worth the investment. Notice Judge Cherry Crawford avoided the precedence of recognizing the definition of "other therapeutic procedures" in favor of finding it was an error of law to reduce when VA had not shown any medical evidence of improvement. I just sat and watched what they did in VBMS and struck back instantly each time before they could even mail it. We had the BVA hearing 9/20/2018. It was advanced on the docket and we had one remand of about 4 months. For BVA, this was almost lightspeed-seventeen months. Green BVA Grant 2-26-2020 redact.pdf

I'm sorry you had such a bad experience with the DAV. Keep in mind that not all reps will behave like that. Start here: https://www.va.gov/disability/how-to-file-claim You can start filing online via that link. You'll need to create an account. The most important thing is to do an "intent to file". You are telling the VA you plan to file for one or more disabilities. Think of it as holding your place in line (i.e. effective date). If you win your claim, it will be effective back to this date. Keep in mind the VA will pay benefits from the first day of the month following your effective date. You will have one year to formally submit a new claim. If you don't open a new claim, your effective date is lost, but you can still apply later. You can use the year to gather records pertinent to your claim. Before the end of the year, be sure to formally apply! If you served in the Gulf War, check this out: https://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp There are a number of "presumptive" illnesses related to service over there. There are some limitations and a deadline for the issues appearing, so don't wait until it is too late. You can file for anything you want, but the VA will evaluate evidence while making a decision. Look for any issues you feel were related to service, but preferably issues you have the ability to potentially tie back to service. If you have any medical records from the first year after leaving service, those can be very helpful. You can also file for secondary conditions. For example, if your back hurts, but you also have sciatica you think is caused by your back pain, you can file for both. Don't forget side effect of medication used to treat those disabilities. The military was famous for prescribing NSAIDs like ibuprofen, naproxen, etc... for musculoskeletal issues. If taken for too long, it can cause acid reflux, which can also be claimed. You can file for each condition, but I recommend also clearly stating that you are also filing for any related secondary disabilities. If you file for a very specific issue, the VA will focus solely on that. It can be helpful to be somewhat vague. For example, instead of filing for lower back pain, consider filing for "spine problems". That would cover both lower back and the neck (the VA treats them separately). Gathering records is important, but may take time. If you don't have these, it is good to try and obtain them. You can help the VA to help you. 1. Military personnel records If you have a VA account, you can request these online. See #3 below for another way to get them. 2. Service treatment records You can request these from your VAMC's release of information office. It may take four to six weeks to arrive. 3. If you received any treatment through the VA, request those records You can request these via VA's healthevet web site: https://www.myhealth.va.gov/mhv-portal-web/home Once you register, it can be found via their Blue Button feature. 4. If you were ever in the VA system, it might be a good idea to request your claims file (i.e. c-file). This will take months to come in. They even can provide it on CD/DVD instead of paper. https://cck-law.com/blog/va-c-file-claims-file When you apply, never send the VA any original documents. It is helpful to keep those stored in a safe place. Don't expect the VA to get your claims right the first time. They are known for making mistakes, but claims are very often won on appeal. If you get a a 30%+ rating and have dependents, don't forget to file a dependency claim. Don't forget to ask questions. Don't forget to search the forums and explore the blogs. You might find answers to your questions before you ask them.

This is a short article from 2015 which discussed how the Caluza ruling introduced adversarial factors into the VA's non-adversarial claims process. Daniel L. Nagin, The Credibility Trap: Notes on a VA Evidentiary Standard, 45 U. Mem. L. Rev. 887 (2015). https://dash.harvard.edu/bitstream/handle/1/27814585/Nagin_CredibilityGap.pdf?sequence=1

My name is Linda. Alex agreed to help us with my husband aid and attendance claim. After zero help from va and other veteran organizations, my husband found Alex on this forum. Although we have been difficult at times, Alex has been on our side and shows this wisdom in all communications. We trust him and know our appeal will be eventually grAnted. We also believe Alex will endure my husband receives every benefit he deserves. Happy new year to all and when you are at wits end with va, you have a sincere and strong advocate with Alex.

A couple months back before I received my decision I started preparing for the appeal I knew I would be filing. That is how little faith I had in the VA caring about we the veteran. One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing. I could not understand for the life of me why so many obviously bad decisions were being handed down. I think the bottom line is that the wrong type of people are hired as raters. I think raters should have some kind of legal background. They do not need to be lawyers but I think paralegals would be a good idea. There have been more than 3500 precedent setting decisions from the CAVC since 1989. Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans. The document I created has about 200 or so decisions cited in the M21-1. Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims. Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why. Most of these decision are not cited by the M21. It is important that we do our due diligence to make sure we do not get screwed. I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve M21-1 Precedent setting decisions .docx

I am in the same boat as you @Vync It also sucks to know it will not get better, but only get worse as the years go on. I am now trying to set myself up to do what i can when i can and not over do it! I will say that is very hard for me as I have never had to ask someone for help. I was always able to Ogre my way through things. I hope one day they find a way to fix a few of these issues.

Amazon Prime Membership Discount As part of a Veterans Day special to honor those who have served in the U.S. Military, Amazon is proud to offer $40 off one year of Prime membership to all Veterans and active military from Nov. 6-11. The Veterans Day promotion discounts the Amazon Prime membership fee from $119/year to $79 for one year. This is a one-time discount and the membership fee will return to standard pricing upon next annual renewal. New and existing Amazon Prime members are eligible. If you are a Prime member, this purchase will extend your membership by one year. Visit the link above to learn more about the terms and conditions. Here is the link below. There are other discounts listed but this one got my attention as a Amazon Prme memeber. https://www.va.gov/opa/amazon.asp I just did it and it was easy to do.

Hello all, It took me years to finally submit my first claim to the va after exiting the service in 2012. I had no idea what I was doing and had no idea that I was entitled to anything, I just knew I had problems and they were getting worse. I started out getting rated 30% in 2016, then got to 70% in 2017. And finally this month I was officially rated 100% sc. I keep logging in to make sure the rating is still there. 10% tinnitus 30% IBS 100% PTSD And a few more still pending. I still have to battle for P&T but I’m grateful to have a site like this with fellow veterans so willingly to help with their experience and expertise. So thank you and any tips or guidance for me would be extremely appreciated!

I'd like to thank Theresa for letting me help other Veterans on this site. Some eventually come over and ask for representation if they keep losing. My Vet Ed here was not one of them but he regularly read the site posts The other three last week all began here. Hadit.com is an excellent resource for those novices who know very little and are eager to win their claims. For those who cannot fathom the ins and outs, there are always folks who will carry the water. I'm honored to be one. https://asknod.org/2019/09/05/vba-portland-ed-the-lrrp/

So I got the news this past Friday that I've been awarded 100 P&T after my last series of ratings that were in process (still have 2 deferred items). I'm in such shock that I was able to accomplish it on my own (with the help of HadIt/Reddit -- my VSO didn't lift a finger to do any work for me), especially after being told for several years that without any copies of Service Treatment Records that I couldn't file a claim. I got out of the Army ~9 years ago just happy to have a DD-214. I attempted to get copies but the shoddy medics at the Aid Station where I out-processed said that I didn't have anything in my records folder. Over the next several years I sent numerous requests to the Archives that resulted in responses saying that my records weren't found but I'll always remember the VA Rep during my out-processing say that "if you deployed, you're guaranteed at least 10%." I know there are no guarantees with the VA but that kept the fire kindling going over the years. It wasn't until a stroke of luck last October that I somehow managed to find Tricare Online and was able to log in with my eBenefits/VA.gov credentials. Low and behold, a bunch of medical entries ranging from first arriving at Ft. Benning up until my Phase II Exit Exam Physical were there. I immediately printed it out and saved a digital copy! I know it seems silly after the fact since I now know the VA will retrieve their own copies of STRs but it was finding those artifacts online that motivated me to register with a VSO and file my initial Intent to File in October 2018. I spent the next few months organizing my evidence and researching (soooo much researching posts, eCFR, and M21-1) issues that I wanted to claim that others also referenced in their posts on the various Vet forums. In February 2019, I finally submitted what I believed to be my FDC after gathering all my private medical records and organizing them neatly along with a couple private doctor DBQs, my STRs, and several Statements in Support of Claim. There were a few hiccups along the way in that I was incorrectly rated at 0% for a few issues which I submitted a Supplemental Appeal for correction (which was successful). All said and done, my first round got me to 93% with one deferred issue. While waiting for a C&P re-exam for that issue, I decided to file a second claim to cover a few extra things that I didn't put in my initial claim due to not knowing about secondaries and presumptives at the time. I submitted a couple more private DBQs and had two more C&Ps in August. Shortly after, I received my decision which stated I was 100 P&T and sure enough, I am now able to generate a Commissary Letter and Benefits Verification that both state that I am considered Permanent & Total. Definitely a huge thanks to all of you here. Without this site, I would never have been able to read all the archives of posts from people with similar claims to try and see how things may play out or how I could better present or position myself during the claims process. A couple of tips to leave everyone while I try to sort out what kind of benefits I'm now eligible for: Don't worry about how long you've been out for. Only worry about your health, its relation to your service in the military and presenting your case in a clear and concise fashion. A Statement in Support of Claim DOES provide a SIGNIFICANT advantage. I've read several places that say the VA dismisses this form. It may or may not be true, but where it has helped me out the most is during my C&P exams. I ALWAYS brought copies of evidence that applied towards my C&P exam that I was at. Each and every time, I was very courteous and let the examiner know that I made copies for them because I know the VA doesn't always tag all the info to send to them. A well written Statement in Support of Claim helps not only the Examiner be able to check boxes but it also gives you a voice after you leave the exam. During C&P exams, don't be afraid to (politely) speak up and ask if you can reference your evidence so that you can give them the correct information. I always made it a habit to turn to the page that I wanted to read from, angle it towards the examiner and trace the sentence, diagnosis, or date with my finger. This usually triggered the examiner to comment on how great it was that I was able to have adequate evidence that supported the exam. Thanks again everyone and good luck!

What input would you like? You've given no details. VA, while sometimes an intolerable pain in the ass, doesn't just remove a rating for no reason and not without at least a few letters of warning about reduction, and how to appeal.

Sounds like Sgtwish is entitled to some extensive SMC. Eventually,when the PD involves the lower extremity balance, you begin falling down. At that point most neurologists are willing to concede you have effectively lost the use of your lower extremities. If the shakes in the hands prevent most use functions like eating, taking medication, etc. you would require the aid and attendance of another. With those two "conditions", you would be entitled to SMC R1 At $7,896/month. I just got a Vet that last month. Especially if VA has all the records at the VAMC.

I filed my first VA claim in 2013. Most of the claim was denied however I did receive a 20%sc which shortly after changed to 40% after they ruled on another item that had earlier been deferred. I immediately filed an appeal and shortly thereafter another claim for new conditions. The new claim was completely denied and I immediately filed a second appeal. Hoping I would win one appeal and be able to reach a 70%sc and qualify for TDIU I went ahead and applied for TDIU even though I was still just 40%. I figured I might at least be able to get an earlier effective date if approved. It too was denied. I filed a third appeal. So for about 6 years I’ve watched 3 separate appeals work their way through the system and when the first one got to The Board they also addressed the other 2 appeals at the same time. I won all three of my appeals and I am now 90%sc/w TDIU paid at the 100% rate and my letter says it’s Permanent & Total. This is a huge life changer. Never give up the fight.

July 11th? Do you have a time machine?

I just wanted to share that sometimes we need to be a squeaky wheel to get our BVA cases moving. I had filed an appeal to the BVA October 2018 under the then RAMP program. I had also filed a FOIA request for my complete C-FIle. The FOIA request was completed mid March 2019, unfortunately the pending FOIA case had caused my appeal to fall out of processing (originally my appeal showed to be with a judge since 1/7/2019 with an estimated completion of 1 - 2 months) . I had called the BVA 800 number back in mid May wanting an update and at that time I was told my case was with FOIA. I informed them that the FOIA has already been completed in mid March and asked them to put my case back into production. I called again last week and was told by the representative that the case was back with a judge. I called again today to see if anything happened with my case, I know it is law clerks that actually prepares the cases for the judges and once completed then the judge makes a decision. When I spoke with them this morning I was told it was still with FOIA, I held my tongue and told them that last week I was told it is with a judge and now I am being told it is not. I asked him how is the vet to know whats actually going on with their case if they keep getting different answers? He did not have an answer and apologized. Once again he sent a message to FOIA informing them I had already received my FOIA response and to release my case so it can be assigned to a judge again. After the call needless to say I was very frustrated and decided to email the Secretary of VA, instead I decided to email his Chief of Staff with my concerns. I explained my frustration and simple asked could she please assist with getting my appeal put back into production. I received a response this after from Ms. Mason the Chairman of the BVA letting me know that a mistake was made by FOIA in updating my case and that my case is now assigned to a judge. The response also had a cc to the Chief of Staff. I am one of those who log into Vets.gov and ebenefits on a regular basis just to see if anything has changed on my appeal. My point to this long post is that sometimes as vets we need to be that squeaky wheel. Also keep in mind I did not send the email right away I tried to use the system as it is meant to be used. But when your case falls off the rail don't be afraid to email those in charge. If anyone wants to do what I did I will suggest that when you send emails like this be respectful and keep your emotions out of the email. Simply state your facts and what you are wanting assistance on. I did not ask to have my case approved I only asked that they help to get the case back into production is what happened in my case. Be polite and keep it professional after all the people you email are human like us. Hope this helps others with their claims.

Paul is right about needing a space where you can come after you have had defeat or a win. I know my wife gets sick and tired of me talking about my fight with the VA. For her all she sees is me spending a bunch of time not doing things with her in her mind productive things. At the end of the day for me this is a personal fight as I have had my health taken from me. I am also doing this, because in 5-10 years there is no way I will have the energy to fight this hard. My wife told me for years I would never get to 50% and now we are looking at 100%. She sometimes understands how bad it is, but I am pretty good at hiding the pain most days. I will say it has changed a bunch around here now that we have been this far down the road. I think she is finally understanding I have limitations. She is also very supportive of my issues. I just don't want to always weigh her down with my crap. As for this site is great to come here and see I am not alone, and there are those who are where I was at and other who are where I want to land. I am glad I can give back some of my experience to make someone else's life easier! Remember we make up less than 1% of the USA. We have a unique bond and we all support each other. I also find it a blessing there are those out there who have never fought in a war who are willing to fight (for years) through a court case to help us be able to take care of ourselves! Thank you to all of those who help us here without any knowledge of getting paid at the end of the day. It would be very hard to work knowing there was a chance to never get paid and to put so many hours into a persons case. My hats off to you and keep up the fight!

I first found this forum after I started my claim Aug 7, 2018. This was 10 years after my discharge. I had done everything I could to stay away from the military after my experience and had never even been to the VA before this year. I prepared my claim myself and was concerned I would be denied. I posted my c and p exam results here October 31, 2018 and members commented on their thoughts of success or failure, and said I would get about 50%. I then took my exam results to the Veteran rep here at my local unemployment office who told me ultimately I would be denied and should appoint a representative and prepare for appeal. I choose the DAV and left with my spirits a little crushed, but after reading people stories here I knew I had to remain hopeful. Nov. 29, 2018 I received an email from the DAV with the Decision that had been made even before I could see it. The email stated I had been service-connected at 70% PTSD permanent, also approved for TDIU and Dependent Education, but Ebenefits still said pending approval. So again I came to the forums for assistance and posted a copy of the email. I was met with congratulatory responses and assurance that the email was legit. @GeekySquid then messaged me a ton of information about benefits that were now available to me. It was from that information I was able to start the process of getting my life back on track. Im currently working with VR&E also known as Voc Rehab, to go back to school. Geeky told me they would give me hard time but to be persistent and it paid off my counselor has approved my long term goal of a Masters Degree. I can not put in words how thankful I am for this forum and its Members.

You can immediately ask for a different doctor to do the exam. When I say 'flawed', I mean the examiner did not have the expertise to opine on your claim, or the doctor did not have any of your medical records, to include SMRs in many cases, or the doctor failed to consider any other probative evidence that you moght have brought with you to the C & P yet the doctor didn't want to see it--- or the examiner LIED. There are probably many more reasons why an exam can be flawed. This AM I received a call from OAWP-VA-DC, as to the ongoing investigation they are doing based on my other complaint . I have more evidence to send to them-we went over some of the evidence they already have- it is solid to support my complaint-It is a different issue than this post is about- But then I mentioned to the Triage manager the C & P situations I see so many of you here are dealing with. I told him of 2 of my C & P exams (posthumously done on my husband) and am waiting until Jan 15, 2019 for a copy of one of them-to adequately prepare a OAWB complaint. on that matter, which affects so many veterans....and I am sure I am not the only survivor of a vet who has had this problem consistently with the RO I deal with. He was shocked at what one SOC C & P examiner had stated..... I told him this was only one of many C & Ps they did- all wrong, to deny my claims. (all awarded since-yet not the point)) Would anyone here be willing to follow up my next complaint on the C& P problems many here have? If it took a costly IMO/IME to get a full reading of your evidence, and then attain an award, tell them that. If your are in financial diffculties and cannot possibly afford an IMO/IME, tell them that. If they lied about your condition , tell the OAWB that- and give evidence to show that they lied. Be prepared to attach the C & P exam to the email you send to them, and attach any other evidence you feel they might need. I told the OAWB Triage manager I have seen many C & Ps over the years that are highly erroneous and deny many valid claims . Claims that will add to the backlog and if they are valid they should never even be in the appeals process at all. If you prepare a complaint, specific only to the C & P problem, you can refer OAWB to my complaint ( Berta Simmons, NY ) that will be at OAWB on the 16th of this month.I am waiting until the 15th to see if VA will send me a C & P exam I requested.Whether I get it or not the complaint will still be filed on the 16th. I do not really have a dog in this fight because so far I won any claim VA gave a lousy C & P on.I only needed the IMOs I have for one claim. Something needs to be done about this situation.That wont happen with one complaint from a dead veteran's widow. The only evidence I have is my own personal letters and C & P exams from the VA, And the info from NVLSP and GAO-which covers all veterans but is general, and not specific to what many of you really go through with C & P exams, that are geared to what the VAROs want- and that is - to deny the claim.

First and foremost, it would always behoove you to write out support of claim statements for each and every contention that you are filing a claim. Make sure to bring a copy of this with you to your exam. It would be highly intelligent to have any paperwork that would be critical for your examiner to have pertaining to your claim on hand with you when at your exam. Case in point, when I went for my sleep apnea exam, my examiner stated that they couldn't find the sleep study. I knew that it was in VBMS (the system that stores all documents and the system that VSRs and RVSRs aka raters use to process claims) as the VA not only sent me out for the sleep study to a third party, but I also submitted the results as part of my evidence that I was building and submitting for my sleep apnea claim. However, there was no issue because I simply handed her a copy of my sleep study because I had it on hand. I literally had a thumb drive with all x rays, MRI images, radiology reports, C File, buddy statements, support of claims etc, and paper copies of any relevant information that could potentially be asked for. For hearing loss and tinnitus exams, know what can and won't give your statement more probative value. Yes, your MOS/Rate will be taken into account. So will combat. If you can prove via DD 214 i.e. Combat Action Bage, Combat Infantry Badge, Combat Medic Badge, Purple Heart..........you get the idea, they are awards that can concede combat exposure. This gives more probative value to any of your statements made concerning hearing loss. However, keep in mind, with regards to hearing loss, they primarily look at audiograms.............entrance and exit audiograms, and any audiograms that you provide up to 12 months after service..........much beyond that, one can't likely connect that to service. If one shoots guns recreationally, rides a motorcycle to work, uses power tools regularly etc, this also throws other factors into the equation that could affect hearing loss. For tinnitus............if you are claiming tinnitus, I honestly don't know why one would show up to the exam and say that their ears aren't ringing, but it happens all of the time. Another common phenomenon is that people didn't complain about it in service or go to get treated for it (there is no treatment really for it other than trying lipoflavinoids or newer hearing aids that can block it out via white noise.) However, there is one little-known thing about tinnitus......it is essentially the only illness that a Veteran can actually diagnose themselves. Here is the most important manual reference for tinnitus claims.............it clearly says that you do not need a diagnosis of tinnitus in service so long as you provide a competent lay statement indicating that you had it while in service AND you get it diagnosed later on (hint hint........get an exam done privately.) III.iv.4.D.3.b. Requesting Medical Opinions for Tinnitus A medical opinion is not required to establish direct SC for claimed tinnitus if STRs document the original complaints and/or diagnosis of tinnitus there is current medical evidence of a diagnosis of tinnitus or the Veteran competently and credibly reports current tinnitus, and the Veteran claims continuity of tinnitus since service or there are records or other competent and credible evidence of continuity of tinnitus diagnosis or symptomatology. Exception: An opinion may be necessary in the fact pattern above if evidence suggests a superseding post-service cause of current tinnitus. A tinnitus examination may also be necessary if the STRs do not document tinnitus but there is evidence establishing noise exposure or another in-service event, injury, or disease (for example ear infections, use of ototoxic medication, head injury, barotrauma, or other tympanic trauma) that is medically accepted as a potential cause of tinnitus, and there is a competent diagnosis or competent report of current tinnitus. Notes: Under Jandreau v. Nicholson, 492 F.3d. 1372 (Fed. Cir. 2007), a layperson may provide a competent diagnosis of a condition when a layperson is competent to identify a medical condition. Tinnitus is a medical condition that a layperson is competent to identify in himself/herself because the condition is defined by what the person experiences or perceives – namely subjective perception of sounds in his/her own ear(s) or head. Therefore, a layperson may establish the diagnosis of tinnitus at any point in time from service to present. However, consider credibility and weight of the evidence in deciding whether to accept lay testimony as proving tinnitus in service or presently. The Hearing Loss and Tinnitus Disability Benefits Questionnaire tinnitus-only examination includes a number of options for examiner opinions on etiology. The examination may be conducted by an audiologist or non-audiologist clinician. Only ask the audiologist to offer an opinion about the association to hearing loss if hearing loss is concurrently claimed or already SC. Know the Disability Ratings before you go into the exam. You will want to check out this website: https://www.law.cornell.edu/cfr/text/38/part-4/subpart-B 38 CFR Subpart B For instance, if you have any issues with bones/joints etc, you will want to check out this: https://www.law.cornell.edu/cfr/text/38/4.71 and https://www.law.cornell.edu/cfr/text/38/4.71a Know the politics.................. There are some good posts on here about PTSD exams, and I agree with most of what has been said. I must add on to some of it, and some of it is very very crucial. We are Veterans.....that is why we are here. Generally speaking, most of us are going to be politically conservative. Guess what, most psychiatrists and psychologists do not tend to be. Statistically speaking, of all of the MDs (yes, a psychiatrist is an MD), psychiatrists are the most politically liberal (left) of all MD fields whereas surgeons are the polar opposite. Guess what might not be a good idea to do in exams? You guessed it.........bring up politics. In fact, I would suggest that going in there acting like a hard ass would not bode well for you. If you walk in there wearing a MAGA hat, you might want to consider writing up your appeal later that evening. If it is a female examiner (and you're a male), I would suggest not grimacing at them during your mental health/PTSD exam. I would suggest not trying to play the examiners; sure, you can roll the dice and try some of the advice about talking about wanting to kill people all of the time and acting super hypervigilant in the room and making sure to sit where you can clearly monitor all exits etc, but I suspect that most of these examiners see 5-8 people a day and have become very astute on picking up on the bull shit artists and won't think twice about drawing a line through your name rather than under it. I would suggest being truthful.......that doesn't mean that you can't elaborate on your worst experiences pertaining to the questions that are asked, but I wouldn't recommend lying or exaggerating. I certainly wouldn't recommend lying about anything pertaining to your military record either, as while the examiner might be none the wiser, the raters reviewing it are more likely than not Veterans are thoroughly adept at combing through military records i.e. don't tell the examiner that you were an Army Ranger when you were a chaplain assistant.

I was helping a widow of an ALS victim get benefits from the VA. She decided to use a VSO also. When she filed a FDC the VA denied her as for some stupid reason the death certificate stated they were separated at the time of his death. I requested that she cite CFR 3.214 in that she was his spouse but they filed a Supplemental claim with a revised death certificate and two buddy letters. The claim finished last week and she received back pay for about a year and begins receiving benefits this month.