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11cvolley
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Posts posted by 11cvolley
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16 minutes ago, jfrei said:
Same I’d try going to RO if your able have attorney on phone standby ask and who she needs to talk too. Sometimes they delay just because they know they can
I hope that's not the case with this WH hotline now. I'd be afraid of going there with no results or them using it as a reason to try to lower my %. My RO is a good 2+ hour drive one way.
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1 minute ago, jfrei said:
It means they are trying to figure out your retro payments cut for your attorney.
Thanks. I tried asking my lawyer's paralegal if she thought I'd see the backpay before Christmas and she said she has no idea and no control over the VA. The #800 says it is awaiting one more signature and gave the basically same answer. 'You can see the retro in a day or a year.' I don't mind how long it takes, but knowing it could be any day now gets my anxiety going for some reason.
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Two claims have shown up on E-ben... What does this mean? I am waiting on backpay from a BVA win.
1.
PREPARATION FOR NOTIFICATION
- Submitted: 10/24/2018 (Comp and Pen)
- Estimated Completion: 10/25/2018 - 10/26/2018
- Disabilities Claimed: Attorney fee determination (New)
- Representative for VA Claims: 'Lawyer's name'
- Current Status: Preparation for Notification
2.
UNDER REVIEW
- Submitted: 10/24/2018 (Comp and Pen)
- Estimated Completion: At this time, your Regional Office is unable to provide an estimated completion date for this type of claim.
- Disabilities Claimed: Attorney fee memo (New)
- Representative for VA Claims: 'Lawyer's name'
- Current Status: Under Review
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I waited roughly 3 years to seek help for mst and was granted 70% with no denials. By the grace of God there was evidence in my service record. Just don't give up and focus on finding ways to heal yourself. The therapy never really helped me much. Focusing on my son and time is what helped me.
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Feeling a little anxious. Assuming there is no back peddling. Does anyone think i'll see the backpay before December?
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Maybe they did the auto claim for IU and it was denied; then, you submitted a claim for IU so they consider it an appeal? When I got my 70% rating and then asked for IU it was called an appeal by the va.
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I was the type that would have never claimed ptsd if not for my wife telling me I needed help or she was leaving. When I first got out my VSO had me apply for knee pain, and other random stuff. I told the doctors my VSO suggested this and while the pain is there. I couldn't honestly say what caused it. Those claims were denied and I felt horrible about wasting the VA's time. Which reminds me that I found it odd the VA rated me P&T. Because I always told the VA doctors I want to work, but every job ends because of missed time or i'd quit before I got fired. Being fired was the worst and so I decided i'd be in control of it by quitting. I must be an exception to the usual case. Besides one jaded C&P examiner that said I could work because I play video games. I also completed the questions on the computer in record time he said. I told him because I know how to use tab/space/arrow keys instead of the mouse. He never listed that in his report tho. Maybe he is part of the reason I feel this way. It almost seemed like he thought 100% ptsd meant you were mentally unable, ect. I'm still a 'wiz' with computers. I built my current computer.
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Have you recently moved or changed banking accounts?
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[10-22-2018] #800: BVA decision is being worked on and is in the 6th stage of 7 stage. Last stage is notification according to the lady. She could not provide any information about any audit.
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I don't think they are supposed to withhold back pay unless there is an issue of a fiduciary. From my own experience and what my lawyer has told me. An audit happens if there is the possibility of anyone else, besides the veteran, being owed part of the back pay.
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Just throwing this out there. Make sure there is a POA that has his will in order to best of his wishes.
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1 hour ago, Buck52 said:
Its not up to us Veterans to judge one another.
if a Veteran is S.C. For Any disability that's on him.
Rather or not its a MH PTSD or a Bad Back, or bad feet, Hep-C, Hearing Loss whatever.
Most MH disability's are invisible disability's
This veteran has the right to spend his $$ any way he wants to, if Gambling fits his needs then so be it...if that makes him happy.
I personally don't care what other Veterans do with there time and money its simply non of my business.
True, I do judge my own 100% rating sometimes. Like when I took my son to Kings Island. The whole time I kept thinking, 'I can do this but not hold a job?'
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So I found out today that my Uncles neighbor is 100% for only ptsd. He tried talking to me while I was visiting my uncle. He then invites me to go to the casino with him to play cards; which, I declined. I'm not judging but it is peaking my curiosity. How do 100% ptsd veterans manage to go gambling in a crowded casino that requires interaction, but can't work? I'm not judging or plan on reporting. Not my job or business to try to report people. I just want to understand it.
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20 minutes ago, Oceanbound said:
Got the letter, DENIED
Typical copy and paste
The preponderance of the evidence is not evenly balanced that we may resolve reasonable doubt in your favor; therefore, service connection for claim remains denied. (mainly for the fact that this RO, the worst one in the nation, doesn't want to just write you a 6 figure cheque for 15 years of blatant denies
We have denied your claim for SC for this issue on a direct basis because (that's what we do, LOL) the evidence (from Dr. Anaise who by the way is a Surgeon doesn't matter because he is not a C&P physician assistant flunky) does not support your current condition is related to injury incurred during active duty (specified under 38 CFR 3.303)
In addition we can't believe you spent $$ to get a real IMO from a specialist, denied.
Will post the letter as soon as I get it scanned.
edit - yes GOING TO THE BVA with hardship.
Sounds like how they initially denied by claim for right knee injury. The reason for denying my right knee was I got the surgery after getting a new job. (Needed insurance to cover the surgery.) So they tried to say the job I got right after leaving the Army was the reason my knee was messed up.
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17 hours ago, XVIIIAIRBORNE said:
Hello 11cvolley. Did your file go to the Appeals Management Center (AMC) after the BVA's decision or the Regional Office (RO)?
So, you are at 15 days after the BVA's decision?
I want to say it never went to AMC. I was denied a 100% rating back to X date, but was granted IU back to X date. So my lawyer said there was no need for an appeal.
Around 15 days, yes.
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8 minutes ago, Oceanbound said:
We are preparing your claim decision packet to be mailed.
Oct. 11, 2018Your claim moved to Preparation for notificationComplete
Estimated date: Oct. 15, 2018
Nice, hopefully you get it.
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I'm going to keep this updated.
[10-11-2018] #800: received BVA decision on 09-27-2018; confirmed established backdate; rep says they have 30 days from 09-27-2018 to start working on it.
[10-22-2018] #800: BVA decision is being worked on and is in the 6th stage of 7 stage. Last stage is notification according to the lady. She could not provide any information about any audit.
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13 hours ago, Oceanbound said:
That sounds like the new BVA if it took a year?
Oct. 9, 2018 - We closed the notice.
Complete - Estimated date: Oct. 19 to 31, 2018.About a year if you include the time it sat waiting to be assigned a docket number.
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I don't care about how long, but rather what happens. I read a lot but idk which fits my situation and fellow veterans. For us veterans that have already been receiving VA comp and just won a better backdate; with a lawyer. What comes next?
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I don't think mine was ramp and it took almost a year to complete the BVA process.
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Just want some opinions. With receiving an earlier backdate, im not retired, Cleveland OH, but do have a lawyer. How long do you think it'll take to get my backpay?
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May I suggest the law firm I went with? Woods and Woods, (800)544-2108. They got me to 100%P&T and just won my BVA case for a much better backdate. They do take 20% if you win, but 80% is better than 0%. I wasn't capable of fighting my own case either. Something else, Woods and Woods, got a private doctor to look over my medical records and examine me. In my experience the VA doctors don't ask you the right questions or word them in a way that makes you think it doesn't apply to you.
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7 minutes ago, jfrei said:
Looks to be that way, now it may take a bit to get the retro they drag their heels figuring out your lawyers fees which if you have none it will go a little quicker.
I don't mind it taking some time. I been living fine and assuming i'd never get a better backdate. I'm just glad someone replied and confirmed what I thought. As fast as the veteran law judge did his part I was for sure he denied me backpay. It would be nice to have it before the year is up, but I don't need it this year. Heck, I finally got my credit back on track with a chapter 7 and still have about 15 months until my 2yrs are up to qualify for a VA home loan.
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Haven't been able to talk to my lawyer yet, but i'm like 98% sure I am getting more backpay.
ORDER:
Entitlement to rating higher than 70% for ptsd prior to feb-01-2016 (last backdate) denied
Entitlement to a total rating based on TDIU is granted from 12-08-2011 to Jan 31, 2016.
So if I understand this correctly; I am getting roughly 4 years worth of backpay?
PTSD and gambling?
in PTSD Post Traumatic Stress Disorder Claims
Posted
I understand what you're saying. A therapist I was seeing brought up sugar when I told her how I felt about being on medication. She even said she has seen patients addicted to sex. She was telling me that don't look at has only an addiction, but what it does for/to you. She is addicted to coffee, but she moderates and it helps her in the morning. My medicine helps me through the day and helps me sleep at night.
I should clarify my original post. I was also concerned about gambling because I've seen what it can do to people. Much like a shopping addiction. It can set you on the path to being homeless. I known someone that almost lost their house because the wife was the money manager and she was spending all the money on TV channel shopping networks. From my reading PTSD and gambling are linked together. I may be wrong because my concentration is crap nowadays. I just think every veteran deserves a support network. A lot of us ptsd/mst don't have that. I don't count family as support tho. Last time I told my mother what was on my mind she just gave me that look, 'like wtf?!'