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  1. You will need a Nexus from a qualified physician stating that your sleep apnea is "as least as likely as not" as a result of your depression. He/she must also state that they have read all of your service medical records and also state the reasons why they are tying sleep apnea to your depression citing medical studies that agree with their conclusion. Good luck.
    3 points
  2. Carlos: 1. "Pension" (including A and A pension) is a "needs based" benefit, if you served during time of war, and also mean income qualifications. If you have too much income, you can not get pension (including A and A with pension). For "pension" you need not prove the disability is service connected, you just have to show you served in war time, and you have low income. 2. "Compensation" (SMC L, if you are awarded at the lowest A and A level), is Service connected, and not needs based. You can not get both pension and compensation, but would be paid
    2 points
  3. Well...... after two years of fighting the VA I am officially in the 100% club. Thank you everyone for the motivating advice and kind words along the way!
    2 points
  4. My IMO doctor said in very clear language that it was his medical opinion that I was permanently unemployable due only to my service connected disability. That is the kind of language you usually need. I also had SSDI and had been rejected by Voc Rehab due to severity of my disability. I also had been to a vet center where the director said I had chronic severe PTSD. I had years of VA medical records to back my claim. Still, I got denied the first time because the VA found some bogus flaw in one of my IMO's. I had two IMO's. However, don't give up. I got my TDIU with p%t. My wife got C
    2 points
  5. ON July 23, 2019 I wrote a potential CUE claim for you here-in the older thread- It rested solely on violation of 38 CFR 4.6. Did you add anything to it and send it to the VA? This is the main problem I see - Your husband had ample inservice medical records of a depressive or anxiety disorder. But the 2011 C & P exam did not support a chronic condition and the veteran said the main problem had been resolved. But something caused them to award in 2019- something they received as new evidence prompted that award. Can you tell us what evidence that was? If t
    2 points
  6. Got a FedEx letter today from QTC informing me of a upcoming "exam" that will not be "in-person". This is for my condition(s) that were referred. So, I went from LHI Care to QTC Medical Services Inc. And, from a RN to a Doctor of Emergency Medicine. Next, Hamslice Can't imagine how we (tax payer) are saving any money doing exams this way, versus in-house VA exams, etc. But, what do I know.
    2 points
  7. "Fairness" doesnt have much to do with VA law. I dont think it was "fair" that VA made me wait 17 years and multiple, multiple appeals for my benefits, then they paid me retro with "zero" interest, when IRS charges interest and penalties if I dont pay THEM promptly. Is it "fair" that a single 100 percent Vet get $3146 per month but a 10 percent gets 10 percent of that, right? That would be $314.60 per month (10 percent of 3146 = $314.6) Instead, a ten percenter gets less than half of that, $144. So, VA math is that 10 percent is really 4.57%. Try it yourself. Multip
    1 point
  8. 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
    1 point
  9. Yesterday I received IMO for Sleep Apnea secondary to PTSD...best nexus letter I ever read and you can tell the doctor not only read the decision but spent some time in the records....if its ok to post it I will. Not advertising for the Dr. but he is really good....I just submitted it last night..I hope it gets approved. I'll let the Mods tell me if I can post..removing personal info...
    1 point
  10. Try this Dr https://blueoceanhealthservices.com/va-nexus-letters/?gclid=CjwKCAjw-e2EBhAhEiwAJI5jg_gkDPOTt8VrJgB_ld-U1VhnEP4eE0gyI7TD2dwQYiaN6fTexX_D_hoCATEQAvD_BwE
    1 point
  11. This is what won my sleep apnea. Dear Ladies and Gentlemen: Supplemental Claim is elected. If additional evidence or clarification is needed, please contact me by facsimile, telephone, or U.S. mail. The above veteran received a Rating Decision dated March 12, 2020 and wishes to appeal this decision regarding the following issues: 1. Service connection for sleep apnea. The Veteran is entitled to service connection for sleep apnea. The Board remanded the veteran’s claim because the VA failed to provide a medical examination. The VA finally provided an examination on February
    1 point
  12. You have a good chance of winning. I would get your claim started TODAY! You have 1 year to finish it, but this will save you EED. You will want a NEXUS from a doctor linking it. I also made a post a while ago about how my attorney won mine without a nexus.
    1 point
  13. Do you receive SSDI ,and if so is it solely for the social anxiety? SSDI awards contain an independent medical opinion. If so did you tell them that on the TDIU form? Has VA VocRehab ever turned you down (in documentation) that because of your SC, Voc Rehab is not feasible? If a veteran is denied Voc Rehab solely due to their SC, then they are unemployable because they are unrehabable. When you reached the 70%, did the VA make any statement regarding TDIU consideration and send you the TDIU form? OR were you employed at that time?
    1 point
  14. Do you have both of these? 1. evidence of unemployment due to service-connected conditions, employment history records for example, and 2. medical evidence that the veteran’s service-connected condition renders him or her totally disabled and unemployable, generally a doctor’s opinion letter. Because the VA is the VA, it will most like want it's own C&P. Prepare for a fight? One never knows. It will depend on the rater. Since you already have it as SC at 70%, if you do have 1 & 2 above as well and with a C&P, it should be a done deal. But again the VA.... I w
    1 point
  15. Did you file an appeal on the 2011 decision? My CUE was denied many years later because I did not file an appeal back in 1973.
    1 point
  16. I have no records for my basic training or AIT. I have Vietnam records, but no records from next two duty stations after I got back from Vietnam. I was actually seeing a psychiatrist at my last duty station. I have none of those records and have been unable to ever get them. I was a victim of the "personality disorder" discharge. I was having severe symptoms but this was way before PTSD diagnosis. I spent two months in a military psychiatric hospital. Those records disappeared and I was discharged as being unable to adjust to a military environment. I had been in for almost three year
    1 point
  17. Thank you. The decision is from 2011, so has to be a CUE.
    1 point
  18. I agree its highly probable for a CUE. If a CUE is found and evidence was present in 2011 (not considered or located). To rate the issue from 2011 thru 2019, wouldn't the injury or sickness have to manifest to a ratable %. Otherwise, would it be service connected in 2011 with 0% rating.
    1 point
  19. This is Wonderful News Buck! We all need Faith and a strong belief system. John's quote is Right! And without the wisdom and love of our Lord, I would never have been able to succeed in my claims, or accept the deaths of my two veteran husbands. Don't forget- the Apostle Paul had been a Pharisee,brutally condemning the followers of Jesus but on the road to Damascus, Jesus turned his whole life around. God forgives our sins if we repent but sometimes veterans and civilians have to forgive themselves.
    1 point
  20. It takes a lot of time to read the past thread and downloads- There were multiple DBQs received by the VA in January 2019, also Evidence received from Jordan Young Institute regarding July 2018 to December 2018. Also an additional Doctor's statement and what appears to be a Buddy statement. I cannot determine what evidence they used for the claims they listed. Obviously some of the probative evidence is dated after the 2011 denied claim.so they had it but not at time of the alleged CUE decision. CUE rests on what they knew and had evidence of ,at time of the decision b
    1 point
  21. I recall reading of this probably at the CAVC. No, raters can not practice medicine, they can not make diagnosis, nor suggest treatments. They can not provide a "negative" NEXUS, either. They must use "competent medical opinions". Many years ago, "the Board" had at least one doc on its decision committee, so that medical decisions could be made based on the records. That has been discontinued decades ago. Now, doctors and medical professionals must render an opinion. Raters or the Board can "give more weight" to one exam vs a different examiner, but must provide a r
    1 point
  22. Forgot to add -it is # 25 of 26 issues in the March 23, 2011 denial in above link.
    1 point
  23. Rather than file a CUE you might just file an appeal and get more evidence. Evidence can come in the form of another IMO/IME. At some point the quantity of evidence will weigh in your favor. CUE's are really hard and may get kicked upstairs for never ending series of appeals and denials. My CUE I filed some time ago took seven years to finally be denied.
    1 point
  24. Is this regarding your past posts here: https://community.hadit.com/topic/75117-could-my-cp-examiner-be-disqualified/ The VA granted 50% for Major Depressive Disorder ,in 2019, with an EED of December 2018. If you are questioning the EED, it would have to follow the CUE criteria here at hadit....unless newly discovered service records revealed evidence the VA did not consider, when they initially denied the claim.( 38 CFR 3.156C) I read over the denial dated March 23 2011 in your past posts here and it appeared to me that the denial was based on the C & P examiner's st
    1 point
  25. Can you cut and paste the part in the rating decision to which you are referring? Better would be the entire VA rating decision 'masking' your spouse's ID data. We'll be better able to assist by reading the same thing you're reading. This will also assist in comparing the rating to the rating table. I just did a CUE last week, so I well understand a part of your frustration.
    1 point
  26. It took the examiner almost a month to complete mine. From the looks of it, I got denied. Still waiting on a BBE though.
    1 point
  27. What they did to me to lose my rank was messed up. I was overseas and got in trouble because this guy in platoon made a stupid decision that got us in trouble with the MPs. He was higher rank than me being and had better rapport with the platoon leaders. What he did is lie about the situation and try to put all the blame on me so he wouldn't get in trouble. We both were given a JAG lawyer. For a while the guy I got in trouble with was trying to tell me to wait until we got back to the states to get a lawyer and handle it back under our primary unit since we were temporarily assigned to an
    1 point
  28. 1 point
  29. "Let he who is without sin caste the first stone".......Jesus. Jesus came to redeem sinners and not just to award the angels. Hey I said that and I am not religious but I used to know my bible a little bit.
    1 point
  30. Now I need to get my spouse all fixed up for her neck and Back surgery which she will be in a body cast a long time 6 months to a Year anyway SHE HAS HER SURGERY MAY 18TH AND HOPEFULLY WILL COME HOME IN A FEW DAYS FROM THE HOSPITAL AND i WELL CARE FOR HER UNTIL i CAN GO SCHEDULED MY SURGERY...AND HOPEFULLY WE BOTH CAN LIVE A SOME WHAT BETTER LIFE WITH OUT ALL THE PAIN AND PROBLEMS THAT HAVE BECOME A HARD PROBLEM IN OUR LIFESAS WE HAVE AGED AS FAITH WOULD BE.
    1 point
  31. The cost of the contracted rate is less than hiring another 10,000 VA staff to do Comp and Pen exams, otherwise, sure, we could do it in house, and it would 2 yrs before you got an exam just like it is with ratings, now. Development and Ratings can't be outsourced.
    1 point
  32. Hucast21 Congrats! Great news! Don't forget to update your Hadit profile to your new rating. Continue to continue to help others. And, if you can afford it, maybe when you get your back pay payment you could donate a little something to help Hadit keep on helping other veterans.
    1 point
  33. Congratulations! Way to go. Now the good, the bad and the ugly part of this award. The Good, it appears that the BVA has granted your claims. The Bad, your claims have to go back to the local VARO for them to assign them effective dates and rating percentages. The Ugly, the local VARO can screw up your effective dates and your rating percentages causing you to have to file new appeals back to the BVA. Sorry for the bad news but this is what I am going through. Also, if it says that you should see a difference in your pay in two months, well, it took the VA at
    1 point
  34. When to Hire an Attorney/Agent A recent change in VA law now allows a veteran to hire an attorney or qualified agent once the VA's appeals process has been initiated; that is, once a veteran has filed a Notice of Disagreement (NOD) at his or her Regional Office (RO). Click Here for a Summary of the Claims Process. Unfortunately, the change in law (see 38 U.S.C.S. § 5904) only applies to claimants who filed their NOD on or after June 20, 2007. If the veteran filed the NOD prior to June 20, 2007, then he or she must wait until the BVA issues a final decision before hiring an
    1 point
  35. No worries @Buck52. Interesting what you wrote. The CUE is sent.... I can only hope correctly. The website, as earlier explained, was confusing. I rang the VA... never fun, especially as I cannot reach anyone at the 1000 number. I rang the other and had a stunningly friendly woman on the phone. We chatted on the issue I was having and she connected me to someone who partly helped. We were disconnected before all was said and done. Although I filled in a pdf 526EZ, it is now done automatically when one files a new claim. I uploaded everything and his sent. Now begins the great wa
    1 point
  36. While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date. I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
    1 point
  37. Best Practice Manual for Posttraumatic Stress Disorder (PTSD) Compensation and Pension Examinations http://www.avapl.org/pub/PTSD%20Manual%20final%206.pdf
    1 point
  38. When all else fails, ring the VA... I did...and I used the friendliest customer service voice (the one I use in my shop) I have. The first lass was very friendly and the second was polite. But I am worried..... The mental health / tinnitus / hearing loss claim from February is still open. The tinnitus and hearing loss C&P have not yet happened. So, the VA combined the CUE claim with the earlier claim. When I asked if that was ok as the two claims are significantly different, I was told that the VA sometimes does such. Someone will contact me when questions arise. So the CUE
    0 points
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