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11cvolley
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Posts posted by 11cvolley
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If the rater does the right thing, you'll be 70%; however, they are known to lowball, so a 50% is also very possible.
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If you have a lawyer you should trust him or her. If not fire them. Follow their advice as long as they represent you. I have had a lawyer for 8 years on a CUE claim. If you have a decent lawyer they can look objectively at your claim and see things you cannot see.
John
I do trust them and they have already reviewed my medical records. They told me it is just a matter of when I get IU and a 100% rating, and that we are on the VA's wait game.
edit: just after everything on the news has really driven my anxiety up. My anxiety was already barely able to manage. I think thats why I came on here was to be able to talk.
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I still don't get where they are wrong. My kids nor I own a Video game, and I know with my Mental and Physical health, I could not play games. It takes Focus, Brains and good eye and hand coordination to play most games. I have always, and will always state that when your health and disabilities are severe and documented, you will always win in the end. I was just medically retired last year with 80%SC, and in less than 7 months VA went up to 100%, My SSDI was approved in less than 10 weeks, which is Dang near impossible especially in Texas, my Wife was approved to by my Caregiver in 5 months. The VA, SSDI or any Branch of Military, just cant win when the evidence speaks for itself. God Bless all and hope you have a good weekend.
You do realize the VA has a tendency to under rate and deny IU/100% the first time around? Also they, the VA, admitted to not waiting for my SSDI papers to make their decision. Whole reason they reverted their denial for 100%/IU and are re-rating my claim. I'm glad you had success with the system.
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Hi guys...
Since this is my first post, a quick history:
USA active duty 1999-2005
USA Reserves 2005-2007
OIF 1 Feb 2003- Feb 2004
In 2010 I originally enrolled in the VA healthcare system. During my initial psych eval, I was told by the doctor that I did not have PTSD but was mildly depressed from my recent divorce and was treated for that on an outpatient basis for about 6 months when I was released from care. Since she told me I didn't have PTSD, I never attempted to file a claim.
My symptoms have worsened over the years and due to the urging of my friends, I finally filed a claim September 2013. Last month I had my C&P appointment for PTSD where she said not only did I have PTSD but she thinks I was misdiagnosed in 2010. My claim has since completed and I was rated at 50% for PTSD. The VA is giving me retroactive pay to September 2013.
My question is this:
Do y'all think I should appeal the date back to 2010 on the grounds that I was misdiagnosed in the first place? Do any of you think it'll be worthwhile or will it be a waste of time?
Thank you all for your service and your time.
Its not worth it imo. If you ever feel you should be higher than 50%, your claim for a further back pay will prob still be pending and an increase claim won't start until the first is done. Be happy that they didn't low ball you to 30%. My doctors all say I was lowed balled with my 70% rating.
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My advice is always the same if you are paying an attorney for advice, take it. But that's just me.
Its hard when your emotions start creeping back into the equation. The VA, RO is among the biggest mind ****s. What tees me off even more is if we were illegal immigrants. We'd be squared away with more support than we asked for. I can give thanks to SSDI. They looked at my VA medical records and awarded me SSDI without question. And I know not all ROs are scum. Without question, a rater gave me 70% for ptsd. A few doctors at the ptsd building know me, even tho I don't talk to them unless they start talking first. Prob over a year since I seen one doctor she stopped me in the hallway, asked me how I, my wife, son are doing. Even asked about the hobby I had and if I was still doing it.
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I would not give Fox News anything about my claim while it is in the process. I had a C&P exam for mental health issue where the doctor had a clear agenda. Being a young and dumb vet I did not recognize it for what it was at the time. He was asking me leading questions to justify a personality disorder DX. He asked me if I ever argued with my parent? Did I ever skip school? Did I ever get into a fight at school? ETC., ETC. I thought these questions were harmless and I said yes I argued with my parents as a teenager, and yes I did skip school a few times on Friday afternoons. I did get into a few fights when other kids picked on me. You know how teenage boys like to establish pecking order. I smacked a kid who hit me with a wet towel in gym class. Out of these seemingly harmless answers I got a personality disorder diagnosis as anti-social. I had never been arrested or anything like that and I did not drink more than a few beers, or even smoke dope at the time. This quack was clearly on a mission given him by VA in the 1980's to cut the rolls of disabled vets on compensation. They failed, but that exam comes up even today. The VA will zero in on that exam, and ignore all the others that said I had medical mental illness.
The rest of my C&P exams for the mental health issue were about 10 minutes long and consisted of : Do you have a plan to kill yourself? Do you have a job, and do your hear voices, or see things that are not there? I said "NO" to all three and my increase request from 10% was denied. The facts that I suffered from anxiety and depression enough to have me on meds and therapy for decades meant nothing to these geeks. The way you fight this is by getting good IMO's/IME's from doctors who will be your advocate.
Yeah, well the doctor that writes my meds won't doing anything other than the bare minimal, but he does put down the truth and that I should be 100%. I'm sure my therapist would write a letter for me, but I feel that the RO will use that against me by saying something like, "veteran asked for blah, or veteran is a superstar in the office."
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11, Did you mention to the Doc during the Exam that you play Video Games. I don't see where the wrong in the Exam is. Can you please explain?
He asked me what I do in my free time. I said I play PC games. He then asked what kind. I told him Civilization 5 and other games like it. Both the doctor that writes me my meds and my therapist say I should be iu or 100% right now. My therapist even called the exam doctor a jackass. According to the notes in her computer he wrote that I am able to hold gainful employment because I play Civilization 5...
I really don't see how playing a PC equates to me being able to work. He just assumed I play for hours on end I guess? I guess I could have told him how I 'space out' even when playing these turn based games, but i'm sure him and the RO would find a to spin that into a positive thing. IDK how I feel right now. I was over and done with worrying about my claim. Then the news broke the VA crap, I got the letter from the RO in response to my Obama letter... I literally had to show the letter to my father in law to prove to him thats what it said.
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I got a reply from the RO after I wrote to the WH asking they look into my 100%/IU claim. They said the determination for denying me IU and/or 100% rating is during my exam the doctor stated, "veteran stayed on task, focused, and plays a video game that requires considerable amount of time, concentration, and intelligence." I've been in contact with my lawyer and they advised me not to give Fox News a copy, but I feel like since the latest VA scandals people need to know its also the ROs.
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You should not really talk to the VA if you have a lawyer representing you. The VA can twist what you say and make it hard on your POA. Have your lawyer do the talking for you.
John
Good advice. The only contact I had was when I called the 800# and they said its with a review officer awaiting a decision.
also ask them to send you the specific "" codes"" they used to deny your claim. It seems SOC can be very bland.
almost caveman like.. va deny claim based on evidence no bueno. adios.
Once they produce the codes used to deny, your lawyer can exploit that. If they dont fit........ Houston we have a problem.
When you do get your SOC. Go over it very slowly. read it like the lost sea scrolls. Look for things they manipulated or changes.
example. on one of my claims. I was working under a heavy truck, and something came loose and struck me in the eye. causing corneal abrasion. an eye injury. it was an object, like a rock, or socket or something .
Va denial says. VETERAN WAS WORKING UNDER VEHICLE, AND SPECK OF DUST, LANDED IN HIS EYE CAUSING IRRITATION.
SEE HOW THEY OPERATE!!!!! THEY FABRICATED INFORMATION, TO DOWNPLAY AND DENY ME.
Nowhere in my records does it mention " speck of dust". my records dont say irritation either they say injury.
The va are masters of trickery, desception and word substitution. you must be vigilant.
I'd get them from my lawyer, but the freedom of info act is still pending on e-ben. So IDK if my lawyer has the codes yets, but I will check. They also re-worded what I said to. Like when I told the doc I feel like I have a sign over my head that tells everyone what happen, the va said that I said people can read my mind.
Then when I said, 'I need glasses but I don't like people that close to my face, the va said I said, 'I don't want to see people so I don't wear glasses.'
My 'favorite' one is they tried to say that I said, 'everyone is out to hurt me.' When what I said was, 'I'm always on guard because something could happen anytime.'
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My dead husband went through some SSA record BS with the VA.They told my Senators and Congressman that SSA refused to hionor their records request. It was all BS. SSA confirmed to me they never had requested his records.
In this post I explain how sometimes, an SSA award solely for SC, will garner a very favorable EED of up to one year additional retro when VA decides a TDIU claim.
If VA had gotten his SSA records prior to his death,my husband might well have lived to see his proper VA comp.
I often wonder how his original 1151 claim might have biased VA against his 30% upgrade claim.
He won them all............. posthumously.....^%$#@#$
I'm sorry it took so long for you and your deceased husband. I do know SSA put my effective date for SSDI back in late 2011. I never saw anyone from the SSA, no doctors, ect. All I did was do the online app and some paperwork with the help of a lady in the ptsd clinic. SSA had no problems granting me SSDI based solely on my VA records.
I wish I had the strength to go public with my denial letter. I'm sure a lot of people would be disgusted with the VA denying a veteran 100% PTSD because he plays PC games.
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Since I put in for an increase to 100% or IU within 60 days of being awarded 70% and filed a NOD when they denied me an increase will they backdate it to when I put my original claim for ptsd or when I put in for the increase within 60 days of being awarded 70%?
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Thank you for the replies. About 2 months before the VA denied my claim for an increase SSA had it on file that the VA requested the information.
I'd love to be able to walk papers into my VSO and get stamped dated copies but I have a hard time getting out of the house. In the past 3 weeks I been out of the house 2 times to see family. 3 times if you count going outside to shovel the driveway.
I usually get out a lot more when it is warm and dry outside. The cold, wetness are big triggers for me. Even though most of the time it seems like all my triggers are subconscious like it my body is set to auto. I don't even have to be thinking about anything negative and I will get 'flare ups.'
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Just wondering, did the RO not see the SSDI records because it didn't know they were available, or did you submit these records but the RO apparently disregarded them?
They were aware that they existed; however, the VA 'waited' and 'waited' but claim they never got the SSDI records. Then magically after I filed a NOD they said they got them now. Its funny how they 'take their time' when it is in their favor, but couldn't wait for SSDI records that support me getting 100%.
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Thank you for the reply. I hope that they just go a head and grant it then. The reason for them denying me in the first place was because the C&P doctor said that since I can play Civilization 5, I can hold a job... At least that is what was in my denial letter.
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I filed a NOD after the VA denied my increase request. I am currently rated at 70% and am seeking 100% and/or IU. Now they made this denial without seeing my SSDI that was awarded to me solely on my VA records. The RO now has my SSDI paperwork.
My question is, can they decide to grant me an increase while doing this statement of the case? I ask because the #800 number says a review officer has my file and is working on making a decision on my claim. The 800# also said that they're still working on the statement of the case.
I sent my lawyer an e-mail but they're out off the office due to weather conditions, so i'm hoping someone here can clear this up.
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[update]
The VA is working on, statement of the case, and if I am lucky, it'll be done within the next 90 days...
EDIT: I also have the option to file a CUE since the VA went ahead and made a decision without receiving my SSDI records first.
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Waiting to get a copy of my NoD I filed from my local vso, then will be sending it to a law firm that is willing to take my case for 20%. Assuming they can help me as they said since I filed NoD already that they might not be able to help if I filed my NoD correctly.
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Check your decision letter it will state right on it what they used! If you don't see it they did not use it!
No, they did not use the ssdi records...
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I agree with you on that. I fired my last VSO because she compared my ptsd to getting bullied on the playground. If I were a rapist in jail, I'd get better support than I do now for being a veteran with ptsd from mst. At this point having a lawyer win my case with the DRO is better than risking it myself to have it go to the BVA; plus, I think the VA seeing I have a lawyer involved will keep them from jerking me around.
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Are you going to ask for a preditermination hearing on their attemp to lower your asthma or have you missed the deadline on that? If you are thinking by letting the Astha reduction happen it will speed up them getting to the appeal / TDIU issue, you need to also consider if they implement the asthma reduction it may make it easier to deny your TDIU. Will the asthma reduction put you below the standard TDIU numbers?
No, I'm rated 70% for ptsd. I did file a nod on the asthma and they have just finished up that and are suppose to start working on my nod for ptsd. Frustrated, I sent my denial letter, NoD for the ptsd to several va lawyers and each one has said that I should be getting at least IU for the ptsd. IDK if I will retain a lawyer, but I'm tired of the VA's BS.
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Here is my VA letter denying IU:
"your claim for IU was denied because the evidence does not show you are unable to secure or follow a substantially gainful occupation as a result of SC disabilities."
"The examiner has ID and diagnoses schizoaffective disorder, depressed type, as your primary mental health diagnosis. Although it was noted that the symptoms shared by your schizoaffective disorder and PTSD could not adequately be separated, there were several examples of this separation documented in the examiner's remarks. Most notably was the following; "veteran over the last several years appears to be getting progressively worse. His delusions about others reading his mind, knowing what has happened to him, and planning on doing him harm are more likely than not related to the schizophrenic process than related to the trauma he experienced. The veteran appears to be much more impaired than was prev thought, and that he has likely gotten progressively worse of the last several years which would be consistent with the primary diagnosis. There were also indication of over-reporting of symptomatology, which invalidated one of the assessment tests conducted. Finally, it was noted that you were observed through the majority of testing and showed good attention, ability to focus, and to remain on task. A particular game you mentioned you enjoy playing on the computer is one that takes considerable concentration and focused attention and requires multiple hours of play. The examiner specified that this would suggest an ability to perform some work."
Evidence:
- VA Form 8940
- VA Duty to Assist Letter
- Authorization and Consent to Release Info to VA
- VAMC PTSD review exam
- VAMC general medical and resp exam
- Report of general information
I don't see how playing Civilization 5 for an hour or 2 a day equals me being able to hold a job. I don't understand how me saying, "I feel like people sees a sign above my head that says, rape victim," as people reading my mind. My doctor and social worker both disagree with this other diagnosis.
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Of course ssdi sent me the paper saying how much I get but not the paper saying what condition I get ssdi for... What a big surprise...........
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11cvolley, the VA pulled some extraordinary BS on my husband over his SSA records and lied in response to two NY Senators and my Congressman about them...they said had SSA refused to release his records after many attempts by VA to get them.
I called SSA in Baltimore and told them I was hanging on the phone until someone could help me......finally a man did some checking for me and told me they had absolutely none of the so-called 3 authorization forms and no documents at all regarding the 3 attempts VA made to get them.
This was before the SSA had a web site and probably now have a better way to contact them at the site.My husband died before the VA actually got those records. and used them for an accrued award.
The VA could have awarded him the 100% P & T for PTSD in his lifetime but ,due to their incompetence ,they never obtained those SSA records sooner.
You would think the 3 congressional inquiries would have gotten them to follow through on the records request but they dont care about congressional inquiries.
SSA is sending me the documents that state why/what I am getting ssdi for. When I get them in the mail I am going to send a copy to the senator's office, hand deliver a copy to my vso so him and I can send them to the va, and I'll keep the copy SSA sends me.
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I just got off the phone with the 800#. They said that they requested my ssdi record back in aug/2012 but after 120 days did not receive it and there is no records of them ever getting my ssdi records.
My Anti Social Life
in PTSD Post Traumatic Stress Disorder Claims
Posted
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