thrill101

pwrslm (Chief), these diagnoses were when I was on active duty. There was notes from my Service Medical Records. It was lD'd before I was discharged. I was discharged from active duty "97. The C and P examiner did a Gulf War Exam("17), and determined, Direct Service Connection for Migraines. And, two other conditions secondary to conditions I'm already service connected for, now. I have submitted claims in, for all of them. I am presently 80%. Thank You for your Help. God Bless.

C&P exam's can note secondary conditions, by all rights, the RO should add them to the file or send you a letter notifying you that you should apply for the secondary condition. Either way, yes, you should file for them. Its a give away more or less if you are within 1 year of discharge, and if the C&P exam occurred before your discharge it should be direct service connected either way.

I am a Vietnam Veteran and currently rated at 70% SCD for PTSD alone (no other disabilities). I love my work and feel that it's theraputic for me to continue working. Since my last C&P (2001), some of my symptoms have gotten worse and some new ones appeared. Is it possible to be awarded 100% SCD for PTSD while still employed full-time? What would be the salient points to cover in such a C&P?

Thank you for your attention.

Redcatcher, 67-68 11B-RTO

Update: I received a phone call from the regional office in St. Petersburg, florida with an apology and that my claim was being expedited asap. And then not believing none of that, I looked at my ebenefits webpage and it is true, I am 90% now. My lawyer called me affirming that my retro would be coming in days. You know he is thrilled too. So the email to the Honorable undersecretary is valid and it could turn your situation around instantly. I BELIEVE. Hadit.com, is the BEST. Information on this website is on point!

Greetings:
I am grateful that one afternoon a few years ago, I Googled "I've had it with the VA". That simple "search" born out of utter frustration led me to "Hadit". And there it all started!
As of two weeks ago, I'm rated 100% (long overdue). And, I am still NOT done with the VA.
For those looking to do there own research I offer this process:
Obtain your Military Service and Medical Records by mailing (certified, return receipt requested) an SF-180, found here: http://www.archives.gov/veterans/military-service-records/standard-form-180.html Obtain your full VA treatment records from the "release of information" window at the center you receive treatment at. Review the CD-rom (PDF file) for all CHRONIC medical conditions, treatments, and diagnosis - chronocity is critical! Identify the incident, event, or situation in service that "caused" this condition. If it's in your active duty medical records that's extremely valuable. If it manifest after service you'll need to find a way to "connect" it to service - the "nexus". Next search USC 38 part 4 for your CHRONIC DIAGNOSIS, found here: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#_top Match up the conditions and rating percetnage to the CHRONIC diagosis in your medical records. Review the DBQ the C&P examiner "must" use to rate your current condition, found here: http://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp Search for VA court cases on your condition(s) to understand how the VA Regional Offices is likey to "rule and rate" on your claim. HINT, the cases tell you what evidence actually supports a claim. For example, here's a search for Sleep Apnea secondary to chronic Sinuitis: https://www.google.com/?gws_rd=ssl#q=sleep+apnea+secondary+to+chronic+sinusitis Look for evidence in these cases that would support your claim, and THEN match and find your evidence - NEVER, EVER lie! Gather all your evidence, write up a Statement in Support of Claim, found here: https://www.google.com/?gws_rd=ssl#newwindow=1&q=va+"Statement+in+Support+of+Claim" and mail it certified return receipt requested. NUMBER every single page, make copies, and wait. Make someone sign for your mailed packaged - VA has NEVER lost my packages! Before you go to a C&P review your evidence and especially the questions the Dr. is going to ask from the DBQ. I usually hand write a list of the 6-7 items that supports my claim. I make sure the examiner see this. I'm so done with the VA, I walked into to my last C&P with my 4" binder and the Dr. undersood I knew what is going on. A C&P exam is a LEGAL MEEETING, not medical treatment. I submitted my last three claims in July and they were fully decided correctly in six months. Help the VA help YOU!
And, most importantly, never, never, never, ever give up. Be relentless!
Most grateful,
PJ
I got a request to see how I wrote Claims, so here they are:
Hearing loss, Peripheral Vestibular Discorder, and Tinnunitis. Digestive disorder. Skin disorder. VA's 2015 Decision on these three Claims. 1 -STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS - PG-1- redacted.pdf
2 -STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS - PG-2 - redacted.pdf
3 - STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS FOLLOWED BY TINNITUS - PG-3 - redacted.pdf
4 - DBQ WITH TINNITUS - HEARING LOSS & PERIPHERAL VEST DIS - AMENDMENTS_Redacted.pdf
5 - C&P EXAMINER'S DBQ FOR EAR CONDITIONS.pdf
6 - STMT SUPPORT CLAIM - RHIODS 2014 - redacted.pdf
7 - DBQ FOR RHOIDS - FOR C&P.pdf
8 - STMT SUPP CLAIM - ECZEMA 60% - PG 1-2.pdf
9 -STMT SUPP CLAIM - ECZEMA 60% - PG 3.pdf
10 -STMT SUPP CLAIM - ECZEMA 60% - PG 4.pdf
2015 DX REDACTED FOR HADIT_Redacted.pdf

Update: I received a phone call from the regional office in St. Petersburg, florida with an apology and that my claim was being expedited asap. And then not believing none of that, I looked at my ebenefits webpage and it is true, I am 90% now. My lawyer called me affirming that my retro would be coming in days. You know he is thrilled too. So the email to the Honorable undersecretary is valid and it could turn your situation around instantly. I BELIEVE. Hadit.com, is the BEST. Information on this website is on point!

boncovet, I imagined your story and clearly you are making good points; however, sometimes folks need to be called on the carpet and held accountable.

Surely the VA Claims personnel are over worked and under paid - I get that... but at the end of the day, their job is to process these claims in a timely and efficient manner. If they can't do the job, let's get the slacker out of there and hire someone who can. If fact, put in place a quota system - make them show proof that they are pushing these claims along. If Allison can do it with one phone call, I'm sure if the information is shared - they can do it to. Heads roll when you go to the top and sometimes you have to go to the top.

I shouldn't have to wait three years to get a response... clearly there is a disconnect in the process. I love the back pay and of course welcome it but look how much money the Veterans administration is losing in backpay. I say, fix my burger right the first time, as you were taught in culinary school and then I won't have to complain to your boss about you. :)

Thadine

She helped me too. I sent her an email on my appeal status and I got a call the next day and I've moved two steps on eBenefits. I can't beleive it! I Just pray I won't get denied! It's been 3 years n appeal and finally with the BVA, VSO and VLJ. Don't ask me what that means but my hope meter is rising to the top!!! Keep going - never give up!

I would like to say, to all, please do your research on hadit.com, because it is the best resource for pinpoint information. I can say, I emailed the Madam Undersecretary Hickey the other morning, thinking this was all non-sense. But, that evening I received an email from Madam Undersecretary herself. Now, if you don't believe she is on the job, answering emails and directing her employees to resolve the issues asap. Well, just email her for yourself. It is real and she is serious! A special THANK YOU to hadit.com and all vets and especially Thadine, for the advice, to email the Undersecretary, just to see what happens. A what happen was a reply! The ball is moving, for real. Thank God !

God Speed,
thrill101
Gulf War Veteran

I would like to say, to all, please do your research on hadit.com, because it is the best resource for pinpoint information. I can say, I emailed the Madam Undersecretary Hickey the other morning, thinking this was all non-sense. But, that evening I received an email from Madam Undersecretary herself. Now, if you don't believe she is on the job, answering emails and directing her employees to resolve the issues asap. Well, just email her for yourself. It is real and she is serious! A special THANK YOU to hadit.com and all vets and especially Thadine, for the advice, to email the Undersecretary, just to see what happens. A what happen was a reply! The ball is moving, for real. Thank God !

God Speed,
thrill101
Gulf War Veteran

Well, I sent Allison an email yesterday and got a prompt response this morning. She is on it! If nothing else but to just check on my appeal status that has been looming since December 2012. She said:

Thadine, I noted by your note that this is an appeal - not a claim. As such there are two different organizations that work these two different issues. I will ask for the status of your appeal and ask them to share that information with us both.

Hey, this works for me and guess what, I just found me another Hero!

Again, i'm not expecting a miracle but I certainly appreciate the response. Thanks BigSarge for posting and i"ll keep everyone posted.

T

Deville905, I say keep it short. One sentence. No evidence. She's not going to review your case, you just want to make her aware that you have been waiting x y z days long. Basically, "Hi, I'm a 10 year veteran, my va claim has been held up since 2009, with no movement in ebenefits since jan 2014, I would love to get a status update - please help! Something like that. :)

Good luck to you!

What did your win involve? Phone calls might work, I never had much luck with them. Maybe a FOIA filing would get some movement. Even if you weren't rep'd by a VSO, you might consider requesting the assistance of a VSO Honcho at your VARO. Generally speaking, the VSOs at the VARO have more computer access to you files than the Field Reps. Quite often they can walk down the hall and do a face to face with someone in the rating Dept.

Is your appeal listed on the BVA Decisions for 2014? How complicated were the issues and the final BVA decision? The BVA has never been accused of excess speed but 7 months+ for the Award Notification seems a bit much.

Semper Fi

Gastone
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