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  1. The VA will accept whatever is sent to them, but if they look at it and it changes their opinion is something totally different. The VA gets caught up here when you appeal up as they will start to look at all the evidence and not just a few things they think are relevant. I have seen where one opinion will out do 2-3 others as it was what it was originally based upon. Keep appealing and keep fighting. If it does not show it here then it probably did not get used to make the decision.
    3 points
  2. Both. We look for it and so do they. But Ctrl f doesn’t work on everything and we’re still eyeballing hundreds of pages a day in typed but scanned documents ( doesn’t appear as text when searched for) or hand scrawled op reports, sick call slips, abbreviations that aren’t standardized, etc. that being said, we can’t infer a disability and then deny it either. If it’s inferred it’s because a positive grant can be made, even if it’s 0%.
    3 points
  3. "I am still being told that VA does not consider being on Drill status as active duty" Who is telling you this??, someone from the VA? Don't take for granted what a VSO says, or anyone at the local Legion or VFW. Anyway, before 9/11, Guard and Reserves were treated like red-headed step children of the Military. Ever since the Guard and Reserves bailed the Military's butts out in Afghanistan and Iraq, things have changed. When I noticed the discriminations' when I went to the VA hospital in '08, when anyone asked, I said Active Duty. I have 27 years, 13 active, 14 Guard. Aft
    3 points
  4. Yes, they can recommend it, but they can't prescribe it to you- its more of a suggestion if they feel that you need it. You can request your C&P notes from LHI, but since its MH it may take longer for that to be authorized than other C&Ps for non MH stuff. If she said you binge drink, well, do you? Look up the definition of binge drinking and you'll see what is considered binge drinking, medically. https://www.niaaa.nih.gov/alcohol-health/overview-alcohol-consumption/moderate-binge-drinking It is medically relevant to the C&P, so if that definition fits you than it will
    3 points
  5. The same thing happened to me seminoles. I thought, "Gee what a nice examiner"...until I read what she said, instead of listening to her "kind" back stabbing words. Police sometimes do that, too. The courts have ruled that a policmen (or detective) doesnt have to tell you the truth. So, they can say stuff like, "Oh, your friend already told us you shot him." "That RAT! He shot them, all I did was load the gun". They know how to get people to turn on their buddies. The examiner is not held accountable to their words, only what is documented, and they
    3 points
  6. Don't know if this has been posted. DBQs back.... https://www.benefits.va.gov/compensation/dbq_publicdbqs.asp
    2 points
  7. It just pissed me off as Flow1972 stated. I really felt that not only should VA not have denied my claim, the VA forced me to file a claim to the CVAC just to win my benefits. The records clearly show that there have been multiple mistakes, and no one wanted to correct it. So, when the CAVC remanded my claim the BVA had no choice but to grant it. Now getting the correct rating with my corrected effective date is all but a matter of time. I keep dreaming on that forever home and I think it is getting closer.
    2 points
  8. Holy Lord! Stuff like this pisses me off so much! If people were actually being held accountable for either incompetent work or actual spiteful actions, this wouldn’t happen...or at least be very rare.
    2 points
  9. If you are $ challenged, I suggest one of my fellow VA agents who provides this service to Vets now. Beth Spangenberg of Valor4Vet.com will work directly with Vets without requiring you have an attorney/agent. This is often the roadblock Vets (or anyone) encounter. Quite simply, too many IMO outfits have been burned by extending credit and not getting paid. Beware the pay-to-play outfits like the one in Florida who prey on Vets. If they offer their work for free with some ungodly financial contract and ask you for your ebenefits ID and password as a condition, don't walk away. Run. For t
    2 points
  10. DSIG In sports, you may have heard the phrase "Sometimes the best trade you make is the one you don't make." I think it might apply to the BVA also. If, after weighing the evidence, you realize it's not the right move to go for an increase or, to appeal, it can be the best move to do (or not do.) 100% rating is very difficult per the MH rating formula. For PTSD, as is the case for going for any increase, you must know what symptoms are required to get to the next level of rating for that disability, and you must be realistic about how you really stack up to that higher requirement. I also have
    2 points
  11. I agree with Shrek; if they didn't list it, they probably didn't consider the evidence. I'm no CUE expert like Berta or Broncovet, but I believe it is a CUE if you submit evidence as the basis of your claim and that deny but do not address your critical evidence listed, it can be a basis for CUE. But, as Shrek advises, keep on appealing.
    2 points
  12. If the VA ignores probative evidence, and does not list it as Evidence, they have committd a CUE. Even if the VA does list it but never refers to it at all, that too is a basis for a CUE. They have violated 38 CFR.4.6, which is basic VA case law: § 4.6 Evaluation of evidence. The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in
    2 points
  13. You can only get 100% once. They do not pay it once and then pay it again. They give you 100% already and so the SMC is on top of that. Which level of SMC are you rated for? Is it the correct one? This would be the only thing to make that go higher.
    2 points
  14. Not saying it'll work but you could try an IRIS request and ask for the response in writing. If that doesn't work, call the WhiteHouse hot line.
    2 points
  15. This comes up every once and a while. Nothing ever dies on the inner-web. The was a proposal/study to eliminate TDIU when the Veteran reaches the age to get Medicare, etc. I died a short death. But keeps popping up. The study found a bunch of Veterans in their 90's receiving TDIU. However, one (TDIU) has nothing to do with the other (Medicare). The study also found that there were non-Veteran 90 year old's still working. So, a person can and do work at any age, and TDIU is to offset the ability not to work, again, at any age. Case closed. It will pop up again in 6 months,
    2 points
  16. When the VA pays for the exam, they get to pick who to send you to. When YOU pay for an exam such as an IMO (indepedent medical opinion) or IME (Independent Medical Exam), then YOU get to pick the doctor. My advice is as follows: If you know this examiner, you may be able to find out if they are competent or not. This means they are a medical professional with knowledge and experience treating and diagnosing your particular disorders. You can try to find out: Is your examiner a doctor? Does your examiner have experience treating and diagnosing mental health disorders?
    2 points
  17. Pretty sure it would have to be sheltered employment to maintain a job. That's my situation. No way I could hold a job without sheltered employment. For me, I work in a family business and have 100% PTSD/TBI.
    2 points
  18. The HLR reviewer is mistaken. The only showing of a need for a 100% rating used to be SMC S... §3.350(i). (i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and, (1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, That requirement is a
    2 points
  19. I submitted a claim for OSA (secondary to PTSD). I did a lot of work gathering my evidence. I also was assisted by Dr. Anaise with an IME. It was done very quickly and returned for me in time to have it a part of my claim. I was notified that I received service connection at 50% for OSA (w/CPAP). Less than two months from submission. I have been off active duty for more than ten years and was never diagnosed with OSA while on active duty. My sleep study was done about 7 years after leaving active duty. I did have some “sleep issues” noted in service medical records, but not OSA.
    2 points
  20. I would go for Sleep Apnea known matter what, because besides it can kill you it also can cause hypertension and heart disease.
    2 points
  21. You can and should file a secondary claim for your Sleep Apnea to your PTSD/,Meds, if you have a diagnosis for Sleep Apnea by the VA it should fly depending on the severity of the S.A.? mild sleep apnea can get you the 50% brokensolider was referring to, if you have severe S.A. THEN THAT WOULD BE 100% and this would open the doors for SMC's You show to have a 100% S.C. rating for PTSD And with the sleep apnea claim depending on what they rate the S.A. .. **Note ** A Veteran Service Connected @100% P&T Original rating and this veteran files for a separate claim
    2 points
  22. OSA can kill you, even with CPAP therapy. If it is Sc it makes it easier for your dependents to file a DIC claim. You can appeal the current decision and keep the effective date vs. filing a new claim, though you didnt claim it initially, correct? It might have been inferred. Does it say 0% or does it just say not SVC connected? They are different things. 0% is a service connected rating, so if you have it 0% SC I would appeal because if you are under CPAP thats a 50% rating on its own.
    2 points
  23. Welcome to hadit. Short version: Yes, I think it is likely a "hill worth climbing" because of DIC for your spouse. Here is the deal. If you die of a Service connected condition, you spouse should get DIC. Or, if you die of ANY condition AFTER you have been 100 percent P and T 10 full years, then your spouse should get DIC. Its all about taking care of your spouse and family after your gone. To ME that is important. I dont know if you have family members who are important to you. Sleep apnea can cause death. (ESPECIALLY untreated). More detailed explanation:
    2 points
  24. We don't update Ebenfits. Ebenefits is its own thing, and it only scrapes data from your Efolder plus its in the middle of transitioning to VA.Gov. phone reps can't discuss results because they can't see all of your Efolder, they are not held to the same privacy standards that we are. As for the exam needed or not needed, that can be fluid. One of us created the exam, and then as the claim worked forward at some point a Quality review person or a rater looked at it (or the VSR asked a question) as was told the exam wasn't needed. It happens, and it depends on when you called the first ti
    2 points
  25. That seems odd to me-----but maybe the C & P exam confirmed what other evidence you had sent,and VA could make the decision fast. On the 5103 waiver....I mentioned this before- I think it pays to briefly list and date the evidence they should already have received from you.
    2 points
  26. It would help us help you if you can put a redacted copy of why they denied you. (What We Decided) cover name and claim # personal information.
    2 points
  27. I was always under the impression Drill was Active duty. Just for the days you are active. You will probably need to take this to the CAVC and get a Lawyer at that point, and the EAJA will cover the cost of the lawyer while you are at the CAVC. After the BVA decision it should ask you if you want appeal and the next step is the CAVC. You do have to act fast as they give 120 days I believe.
    2 points
  28. I know that Fiduciary can map with IRS for verification of income for IU situations, but I think they only look at amounts, not the whole tax return because all they are looking at is substantial gainful activity. I've not seen a dependency verification ever come from Fiduciary hub, it usually comes from the claim side first as one of the routine follow-ups, and if there is a discrepancy or a non-answer THEN it may go to fiduciary but only after a proposal to reduce is sent based on assumed dependency change. LIke, I had to pay a few months back of dependent compensation because it took a few
    2 points
  29. "Police sometimes do that, too. The courts have ruled that a policemen (or detective) doesn't have to tell you the truth. So, they can say stuff like, "Oh, your friend already told us you shot him." "That RAT! He shot them, all I did was load the gun"." Bronc, As a former LEO, you had me falling off my chair laughing. You're not wrong, by any means, just a little simplistic. I have, from my career in the Military and Law Enforcement, learned much. My favorite comparison is when I was a Master Sergeant in the Army, no-one ever lied to me. If my section member, or
    2 points
  30. I don't think there is any way around the 5 year rule unfortunately......
    2 points
  31. I understand you have high anxiety; you can't avoid it. But I think you are not listening to what I'm saying. Yes, I do feel your case has merit. BUT, what I think really doesn't matter. Nor, does someone else's "similar" case matter Your claim will be decided on its stand alone facts and that's it. Let it play out and in the meantime try to do other things instead of worrying yourself sick. Let the process play out. Like I said, hang in there.
    2 points
  32. Turks . Welcome to Hadit. Don't know. You asked "is it possible that the VA has messed up?" Yup; we're talking about the VA here. I would just call Peggy, 800-827-100, and tell the rep what's going on. You can ask for an audit, but really, you need to get your decision letter to understand what their position is currently. But you are on the right path though. If they overpay, they will eventually come after you. If you're pretty certain, set aside the extra so it doesn't hurt so bad when they come after you.
    2 points
  33. Clemons vs Shinseki is the reason I advise Veterans "not" to get "too specific" on their application. In other words, request benefits for a "mental health disorder", not for paranoid schizophrenia. Why? Because the Veteran is not competent to self diagnose anyway, and it requires a doctor diagnosis. But, if the Veteran self diagnoses WRONG, then the VA can deny. Sure, if you go back to the CAVC then Clemons vs Shinseki can overturn the Veterans misdiagnosis and grant benefits anyway. However, do you want to hold up your own benefits for 10 years sometimes by appealing,
    2 points
  34. For me, deferred, was a good thing. It took longer, and it went to 2 additional raters, but in the end I got my increase. As it was explained to me, some facilities have specialties in certain areas, and the more complicated case(s) get shipped around. Hoping for you, Hamslice
    2 points
  35. Dr David Shulkin was a civilian, and Sec of the VA. The fact that he was a doctor, to me, was an asset to his too brief stint, as VA Sec, and he supported the new nominee via twitter. I guess we all have to give the new Secretary a chance. Since he is a civilian I bet he will be astonished at how difficult it is for so many disabled veterans to get through the VA claims process. Covid has sure slowed up the process, but there is no excuse for some of the errors the VA makes. I read BVA decisions every week and see that many of the BVA awards could have been awarded at the
    2 points
  36. When I exited from service, I was given complete records..as complete as they have them, on paper. I can not emphasize enough to hold on to those. Dont depend on VA, the NPRC, etc. etc. to hold on to your records. Keep them yourself, and, dont give VA the original, give em a copy only. In the 2008 "October incident" an invetigation by VAOIG found multiple Veterans records "in the shred bin", in multiple VARO's, and they did not check them all. VaSec Dr. Peake publicly denounced this practice, instituting a "special handling request" due to mishandled evidence, "BUT" it only co
    2 points
  37. I just submitted 2 today, and will wait for those to close before submitting my other two.........I have my reasons. The VA is shady
    2 points
  38. Yes, Conrats to you Tbird! We know you deserve it, but it takes time. Personally, I am a little disappointed in the fact that you had to pay Alex though. I figured with his relationship with Hadit and all, he would have done it gratis. But then, I'm sure you went with the best and it paid off, so you are happy with the end results and that is what counts.
    2 points
  39. Congratulations! This should not only be an income increase, but with retro. We knew you deserved it. I guess Alex charged you 20 percent? While its none of my business, should you disclose this, if favorable, Alex may get more biz from it.
    2 points
  40. Don't believe anything they say. Wait till you get your decision. In fact, go on Ebenefits and see if you got approved or not. It'll show up there before you get your letter in the mail. I had a PTSD exam for an increase, the examiner said I should definitely get an increase at the end of the exam. The exam did not go well from the start. I pissed her off, she pissed me off. She didn't ask any questions on the DBQ. I probably knew it better than she. She crafted her exam in a way to get me decreased to 0%. I filed a formal complaint to the VARO. Had several more PTSD exams. A
    2 points
  41. The whole POA thing is a scam. The CVSO (County Veterans Service Officer) require the Veteran to have a POA if you use them to send in your claims, like I do. I chose the VFW as I am a life member, and didn't really know anything at first. I still have them as my POA and for what its worth, I have never had any contact from me or to me from the VFW regards any of my claims. The first claim I had the CVSO do the paperwork, from then on it was all me. And I do agree with Buck, that they use my 90% stat all day long, Hamslice
    2 points
  42. I think you can add to it. At least in the past I have. The evidence will always be together. What I do is like I am sending a fax with a cover page and what the evidence is pertaining too.
    2 points
  43. There are "2" types of medical opinions that can benefit Vets case: 1. Independent medical opinion. (IMO). In this type, the Veteran and the doc need not ever meet. The doctor can review medical records, and form an opinion based solely on other doctors exams. 2. Independent Medical Exam (IME). This suggests an "in person" exam, or, at a minimum, the examiner observed a live video of the Veteran, and rendered an opinion. Both of these types of exams can be used to refute a VA decision "that there was no definate link from an in service event to this diagnosis".
    2 points
  44. Dude74 Yes, it was fast. It can be especially on MH claims. Be sure to seek treatment and if you aren't P&T and decide to continue outside of the VA, be sure you obtain records on your ongoing treatment. Can come very handy if you try to increase or go for P&T in the future. This advice holds for anyone who continues care outside the VA for any of their disabilities. If you submit your records as you go, it is even better as you won't have to do it later on. Great work by you Dude74!
    2 points
  45. Permanent and total doesn't mean immune from reduction, it just means no more automatically scheduled exams.
    2 points
  46. Fat What was the diagnostic code he was rated for at 0%? If he doesn't know, call Peggy and ask them for it. Then you can see what the symptoms are for the next level, probably 10%. He should also be looking at what his symptoms are NOW. Does he limp, walk with a strange gate, have arthritus, constant pain, etc. You go from there; need a basis for an increase.
    1 point
  47. I agree with Bronco but more important you need to get in regular therapy. You are going to need medical evidence that not only refute this C & P examiner medical opinion, but you also need treatment records about your current condition. If it is at all possible in your treatment session try not to bring up anything about your childhood. Do not lie or make anything up. If/when you signed into the military as a sane individual, then it should not matter but the VA will use this against your claim.
    1 point
  48. I would also second this. But I also have used iris twice now for an issue with no response (been few months now). Going senator route before WH hotline. See if that goes anywhere
    1 point
  49. Winner, winner, chicken dinner, Congratulation's, Hamslice
    1 point
  50. CUE =BVA - retro to 1985 for PTSD There are over 2,000 CUE decisions at the BVA for 2020. Many of them were denied and those cases reveal why they were denied. But persistence pays off: This vet would not give up- the case shows the rigamorale he went through. "ORDER The Veteran’s motion to revise the March 2007 rating decision that granted service connection for posttraumatic stress disorder (PTSD), effective October 7, 2005, on the grounds of clear and unmistakable error (CUE) is granted, and an effective date of April 9, 1985, but no earlier,
    1 point
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