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  1. Well not to be mean or anything just because you have a diagnosis for OSA and was giving a C-pap machine does not cut it with these raters they will deny 100%of the time FILING SECONDARY CLAIM to be connected to your PTSD for OSA YOUR GOING TO NEED A SLEEP DR to give his/her medical opinion that your PTSD AND THE MEDICATIONS YOU TAKE FOR IT IS LIKELY AS NOT THAT THIS VETERANS OSA IS CAUSE BY OR RELATED TO HIS PTSD MEDICATIONS AND HIS PRESCRIBE C-PAP MACHINE IS MEDICALLY REQUIRED TO USE. THE DR NEEDS TO READ YOUR MEDICAL RECORDS THAT PERTIAN TO THIS CLAIM AND EXAMIN YOU.
    2 points
  2. Foxhound6 When the VA does a C&P, they are supposed to tell you the purpose of the exam. Sometimes they don't. Happened to me as well. I thought it was a routine check on my heart condition but it was for a C&P and didn't tell me. If you said something while a claim was open regarding a MH condition, the note in the file was caught and it generated the exam. Not a bad thing, but you should have been notified. If the exam results in a favorable finding for a disability for you, (sometimes) the VA will give you a rating for it. But sometimes you may have to submit a claim for it using th
    2 points
  3. Welcome ShuMan Great to have you aboard. Additional set of eyes (and opinion) is always going to benefit everyone.
    2 points
  4. If they are VAMC records we’ll grab them automatically, though if you’ve gone to more than one vamc it helps if you tell us that. If they are private and you don’t tell us about them we don’t know about them. If you do, we’ll request them, but if you have them-vamc or private-it’s faster for you if you just upload that. c and p still uses dbq they just get updated every so often.
    2 points
  5. If this is a life or death emergency, and it sounds like it is, get your treatment privately and worry about who pays for it (insurance, VA, etc., etc.) later. However, you can try calling the presidents hotline, some have had good results with that. There are several "progams" available, and it sounds like your son is slipping through the cracks. Source: My son was into drugs and alcohol. It hurt me so bad (maybe worse than him), that I went crazy. I knew something was wrong with my son, but not sure WHAT it was, as he kept it hidden. So, I went off the deep
    2 points
  6. First of all stay with your son if you think he maybe in danger or danger to himself, here is what I'd do AND I am not so sure it would work. Take your son to the private emergency room the closest one to you, tell the Dr what is going on, the Dr needs to examine your son and if the Dr thinks he needs to be in a detox facility because he is a danger to himself then ask the Dr to call the VA and let the VA know your son is being referred to a detox facility.from this private emergency Doc...as long as the VA Knows this is a medical emergency...they will give their permission for your son
    2 points
  7. According to this, we are looking at "about" 1.3 percent Cola, but It could be better, or worse! However, most noticed food prices went up in the past few months. I am gonna guess 1.5 percent or better. My guess only. https://militarybenefits.info/cola-increase-watch/
    2 points
  8. "If" the reasons for SSDI are conditions to which you are all SC by the VA, this is prima facie evidence for tdiu. You need to fight them on this, you should win. Still, with VA you have to show you can not do "Any" job, not just your current job, as Foxhound6 correctly observed. This may take a Voc rehab assesment to determine your suitability for retraining. For example, if you could not work due to knee problems in your warehouse job, a voc rehab assesment could determine whether you were a good candidate to be retrained, say, as a programmer or accountant, that did no
    2 points
  9. My opinion is you would not WANT to do a HLR or SCL more than twice. In fact, I am not sure they are a good idea ONCE. Regardless, the procedure is, if denied, and you wish to appeal, take it to the next higher level, as explained below. I think you want to get your claim to the BVA as soon as possible, when denied. Res Judicata suggests you an only appeal a HLR or SCL ONCE:
    2 points
  10. My suggestion is that you call 800 827 1000 and insure the BVA decision under your file number is your name. When I received my 2017 decision and waited 6 months for payment with nothing happening. Checked the problem and found a negative decision a month earlier with my first name but a different last name had been entered under my file number. Took another 2 months to correct that and get my 9 years of back pay. My April Executive Director, Compensation Services / DROC decision took from April to August because it was over $250,000.00 in back pay back 2009 to 1985. There were a hal
    2 points
  11. dtoney2000 Sorry, but you have to provide a bit more info so we can help. What exactly are you trying to accomplish? Do you already have a disability rating from the VA? Did you recently file a disability claim and haven't gotten a decision yet? Was it denied? If so, redact your name and other personal info in response and post it on this thread.
    2 points
  12. I hear Dr Ellis out of Okla city is a great with Veterans and writes up very favorable IMO/IME's The only thing there is the Veteran needs to travel to him and they have a Motel near by his clinic, this Dr will need to examine you in person, now unless he can give his medical opinion without examining you? which Dr Ellis is a honest Dr, you can call his office and talk to the clerks, I know 2 veterans that have used him and won their claims based on Dr Ellis IMO/s but the only thing is they had to travel to him..His.IMO were fairly reasonable if I remember right his IMO Letters are dif
    2 points
  13. Shrek It may be worth a 30% rating See this case https://www.va.gov/vetapp14/Files2/1419164.txt Citation 1419164
    2 points
  14. Shrek If I understand your issue, you have to get an IMO from a specialist that will eval your conditions and say that it is difficult to determine how much pain is attributable to one verses the other but based on their rationale is is more likely than not that x (the higher rated condition) contributes pain more than the other. Not easy to get I would think but get a doc like Arnise or Ellis to consider your situation.
    2 points
  15. Me too and I feel your PTSD claim is solid.
    2 points
  16. Secondary's are my best ammo I ever used for my compensation. First, you don't need a nexus, from service, like you do for primary disabilities. Second, some of my secondary victories came without any doctor records (at the time of filling). I just said my left ankle hurts a lot and I believe it is from limping from my right foot (service connected) issue. After I made the claim, the VA sent me to a C&P, and after that appointment, the C&P examiner sent me for x-rays. I was awarded secondary for my left ankle off my primary right foot, etc.. Finally, as Buck stated, a
    1 point
  17. yeah, its pretty nuts from what I hear. Miy training was wall to wall 8 hrs a day from April to June before I could even start looking at claims, and even then every action I took was reviewed and critiqued for almost another month before I could work on my own, and then it was still another 3 weeks before I was actually held to standards where my mistakes weren't just fed back to me to fix, but also counted against me. They do try really hard to not just drop you into things but you've seen the M21 (or maybe you haven't- you should, its publicly accessible). There are literally some things in
    1 point
  18. Maybe, I don't know. Since I don't rate Im not really privy to the subtleties of interpreting the M21 when it comes to ratings activity. For good or ill, those guys/girls go to class 8 hours a day for like 6 months just for that job, and thats after having been a VSR for some years because gs7-9 dont do ratings. Thats gs10 and above and usually a Masters degree in something or another. Im almost there (3 months) education wise, but I have awhile to go before I can even think about doing their job- and I don't know if I want to. I like being a relatively low cog.
    1 point
  19. JohanathanAD You have an excellent chance at winning an appeal. Carpenter is good at what he does, also. Go with the flow: if they are hanging the reject on obesity, suggest to Carpenter looking at the obesity as an INTERIUM link between PTSD and OSA. PTSD meds cause weight gain. WG causes OSA. I am not a doctor but the argument is that there is doubt as to how much either factor, weight gain/obesity, or your original evidence of the MH condition, but since they are interconnected, they are service-connected. IMHO. As to whether you go HLR ,or go directly to BVA with additional evidence is you
    1 point
  20. Ranmic, It's just a way that the VA determines if your rating will be deemed as protected. There are a lot of factors that go into it, such as age, type of disability, disability percentage, service connection status, etc... When you reach a level of rating protection, the VA doesn't tend to come out and tell you. However, it is good to know about in cases where the VA might suddenly proposes to reduce a rating. They will send you a letter in writing and give you a certain amount of time to respond and explain why the rating should be continued. That doesn't mean they will get it right
    1 point
  21. I saw a comment on the internet that implies that you can only submit two appeals for any mental health condition as a supplemental or a HLR. After that, a third try you must go to the BVA for appeals. Does anyone know if this is correct and is there a reference we can look up?
    1 point
  22. Due to COVID-19 I am not familiar with what is going on. It has been several years but what I did was I called the DEERS program and all my information was in the system, even my dependents that I listed when I was in the military. For Questions About: - DoD Benefits and Entitlements - The data in your DEERS record - DMDC Applications or Websites Call the DMDC/DEERS Support Office (DSO): (800) 538-9552 Hours of Operation: 8:00 am - 8:00 pm Eastern Standard Time, Monday – Friday, excluding federal holidays. You can also write to us at: 400 Giglin
    1 point
  23. IMHO, before you begin to think about an EED, make sure you review your C-file. Pay close attention to all the documents prior to the date of your original C & P exam and any contact that you had with VA and the VAMC. It possible, now don't quote me, but it is possible that a claim could have been filed on your behalf by a VAMC doctor or by you contacting the VA Regional Office. Only time will tell.
    1 point
  24. 1. Have you been receiving treatment for your PTSD? 2. The most common way to link sleep apnea to PTSD is through the PTSD causing obesity, then that obesity causes the sleep apnea. Even with an IMO it is still a difficult claim to win but not impossible. I am service connected sleep apnea secondary to MDD. It take a bit of a battle to get it though.
    1 point
  25. If they did not consider it, the rationale for the decision will not mention it at all. Do you have proof that you told them of the SSDI on the TDIU form? I asked this question many times here over the past years , with no answer - Does the VA still send a veteran an authorization form the vet must sign and return, in order to obtain SSA records? That authorization form, in the past, was part of a veteran's C file and proof that they should have gotten the records.
    1 point
  26. I hate to go this route, but the VA hates bad press. If it is to that point, I would seriously consider getting them involved if there is no other route. I would also keep calling your senator and let them know you are going to go to the press, and the reasons you have to as you can get no help from them. Also if it is an emergency, I believe you can take your son to the closest hospital. Someone correct me if I am wrong. Remember if you think it is an emergency then it is! Then maybe you can get another doctor to refer them to a program or something. Like GBarmy said keep fighting!
    1 point
  27. ApolloBolling It's what we call the Hamster Wheel. Bouncing back and forth between Review and Gathering. Happens frequently. You're really not going to get much of an explaination from Peggy. My guess is that the RO asked for the C&P examiner to get some specific info, and what they received back from LHI wasn't adequate. They could have missed something like some point for range of motion or put in a value that doesn't make sense. In any case, just do it; don't blow it off as you would be denied. You may get your decision before, but request a copy of the C&P exam after 30 days from t
    1 point
  28. lhecker51 I assume you have used the crisis hotline 800-273-8255. I'd be on that constantly. The only other thing I would try that jumps out is the whitehouse hotline 855-948-2311; they may just refer back to the crisis hotline, I don't know. Don't give up! Keep at it.
    1 point
  29. NOD is a Notice of Disagreement with a VA decision made by a veteran or his/her representative within one full year of a VA rating decision. That simply means that the veteran can file a NOD with or without new evidence. The veteran keeps the benefit of doubt and his or her effective date all the way through his or her appeal. It is best to file a disagreement within a year. Cue claims are different and harder animals to kill but Ms. Berta, Bronc and myself have killed those suckers a few times but for me it is a last resort because it is very fickle and you can file them all the way to
    1 point
  30. Ms.Berta and GBArmy, as I did agree with GBArmy's post that this veteran may very well have a Cue claim. My post was trying to show that this veteran just received this decision last week. Yes, the veteran probably has a Cue claim, but it is a lot easier and simpler for the veteran to file a NOD. Both a Cue claim and a NOD would have the same results but filing a NOD is a lot easier/better since the veteran is within his/her appeal rights. I may be wrong but a lot of post recommend filing Cue claims and I have no problem with that either but I say that if a veteran is within that one
    1 point
  31. Ranmic No, not necessarily. Unless your C&P and/or other medical notes indicate that your knees should get better? Never hear of it and certainly not hearing getting better. Of course, if they get worse, you have every right to put in for an increase. That would trigger a new exam, more than likely. Don't worry about it.
    1 point
  32. I wish they would pass a law as to let all ssa retirees and ALL service connected disable veterans get a 50% discount on everything they have to BUY like buy clothes ,cars ,grocery's, medical bills and increase their monthly check by 50% we all might could make it better then,,, we are actually struggling to make ends meet on SSA and VA. HOUSE PAYMENTS AND CAR PAYMENTS ARE THE BIGGIE WE CAN BUY USED CLOTHES AT GOODWILL STORES BUT GETTING TO BUY NEW CLOTHES WOULD BE EVEN NICER AND HAVING TO WATCH OUR BUDGET BUYNG GROCERY'S
    1 point
  33. If you and or your representative are not well versed/familiar in book chapter an article of Cue claim, I would not file a Cue claim. Yes, you may very well have a Cue claim but why file a Cue claim and shoot yourself in the foot. I say shoot yourself in the foot because filing a Cue claim raises the threshold standards and makes it harder to win your benefits. Keep in mind that when a veteran files a Cue claim, he/she loses the benefit of doubt. You are well within your rights to simply file an appeal, HLR, Supplemental and or BVA. It is your call and the results would absolutely be the same
    1 point
  34. I agree with Foxhound 6. If you submitted the SSDI info, and they didn't acknowledge it in the evidence, I think it is a CUE. So make a big point of that; it is significant evidence. HLR would normally be the way to go if they miss evidence, but I'm not sure either because of the special nature of TDIU. Others should comment.
    1 point
  35. In the decision you received, yes, there should be a list of evidence that the VA reviewed. I am not sure what they would list something from SSA as but I would think it would be obvious in the list. If it is not listed, I would say they overlooked it. The next thing you could do is point that out to them. The exact way to do that, I am not fully sure. A Supplemental would require new and relevant evidence. Since this is something you believe they already had, you may need to try HLR? Someone with more knowledge of an issue like this will surely chime in to shed more light for you s
    1 point
  36. I think many (retirees) dont get the significance of COLA. I would explain it like this. If you had a swimming pool, and were trying to fill it with water, you could put a hose or two in there, and fill it in a few days. However, if you didnt stop the "pool drain", then it could take a very long time, with water both going in and out. Back to our retirement, we have inflation every year (or more often), and then we have Cola. To the extent inflation exceeds our Cola, we "lose" money (in real value) each year. We often dont notice it every year, but, if you look at real o
    1 point
  37. Broncovet I'd take your estimate. Heck, I'd take any increase over 0%! We should be getting a firmer estimate from the Feds sometime next month for sure.
    1 point
  38. I think the supplemental lane you can add new evidence but on to the HLR Higher level Review you can't add any new evidence . This in my opinion is just to get the claim that was denied in the supplemental Level and on to HLR its just a repeat of that claim by a DRO OR SENIOR DRO...TO REVIEW TO WHOLE ENCHALDA to see if any mistakes were made in the supplement lane that would maybe render an approval. If the HLR DRO denies the claim then on to the BVA SOME VETS JUST GO ON TO THE BVA & SKIP THE HLR. As for as Appeals a Veteran has the right to Appeal all the way t
    1 point
  39. I wish i could give you definitive. i know for all appeals now you can go supplemental if you have new evidence, HLR to review decision and if denied there you need to go to BVA unless you have further new evidence and then cavc after that. you cant make a claim be denied and then just keep resubmitting it.
    1 point
  40. "All I can say at this point is, If you have heart disease and/or diabetes check your medications! especially if you also have chloracne or another skin disease. Inform family and friends. The next time a tv commercial on such drugs Jordiance comes on, listen to the known side effects that are also listed." James, I will listen to the show later today----I am stunned at what you have been through- I can only add on thing to what you said above: Every vet should check every medication the VA prescribes to them. In my FTCA case the VA admitted to misdiagnosing heart disease s
    1 point
  41. Yep so this further proves the point of you either get scaring or general rating for skin.
    1 point
  42. th175 Welcome to Hadit. The best advise I think you could get is to ask your doc what does he think has caused your back condition. I am not a doctor and am willing to bet you aren't one either. So the VA doesn't really care what we think about what caused your disability. Only thing that they care about is the medical opinion and reasoning of a doctor. It is called an IMO. They state the cause, "x' has caused the s-c condition. Why it happened and a statement that states that in their professional opinion, based on years of medical practice, study et. etc. it is at least as likely as not that
    1 point
  43. Thanks everyone for all the help. I'm glad I found this forum.
    1 point
  44. i thought you might find this article helpful https://www.hillandponton.com/part4-rating-ptsd/#:~:text=This condition is the 6th,of PTSD at some level.
    1 point
  45. Also Remember You will need to be diagnose by the VA Dr's psychiatrist or psychologist and a VA L.C.S.W. can also diagnose PTSD they are the ones you normally see when referred to them by your Dr or VA PCP the Dr signs off the the L.C.S.W. Diagnose. THE L.C.S.W. is the first person a veteran sees when getting help for his MH Issue If your claiming MST I can only refer you to the MENTAL HEALTH COORDINATOR FOR EVALUATION. Just remember anything you say you can back it up, when you go see a C&P Examiner this is when things gets fairly rough and you may become emotio
    1 point
  46. As has been stated there are multiple ways of getting sleep apnea SC'd. Direct and secondary. It shoudl go without saying on these forum boards, but this is only my personal experience and not a absolute gospel truth on the subject. How to get OSA SC'd Direct: 1)If you have a OSA diagnosis in your service medical records it should be a pretty easy to service connect. If you have "sleep issues" or "lethargy" (tired during the day) in your med records with a good IMO you could make a good direct claim. 2) If you were diagnosed with OSA within one year of discharge the VA all
    1 point
  47. 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.
    1 point
  48. 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
    1 point
  49. I usually come to answer questions, but I started out asking them. I dont often get "stumped" anymore, at least not when it comes to benefits. However, I still have areas where Im still "weak", such as on DIC and widows benefits, thank God we have Berta for that. Im pretty sure I have answered at least 12,000 questions. Years ago a school teacher told me, "You dont really learn something until you try to TEACH it." I have won all my benefits, back to 2002, even tho multiple Vets advocates, including more than one attorney, said that would not happen. Persistence, preperation an
    1 point
  50. Thank you Ms T , had you never got hadit going most of us would not be where we are today and all of us vets old & new We thank you from the bottom of our hearts for that . I am grateful to you for getting hadit going its a wonderful site and after were all gone ,I hope and pray these new young veterans will keep hadit .com strong as it always is. hadit has been a therapy for me when nothing els works except the hot-line # when I am down and depressed and my anxiety gets the better of me and I can't think Hadit and its members make me want to live and be a better m
    1 point
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