ArNG11

I found that out in the last decision. I didn't claim that though. The VA was kind enough to let me know it was considered because they had to. I jumped the gun big time, however, I have been learning their games and tactics. More of curiosity on folks experiences though.

Heh welcome to Hadit. You have come to the right place to seek help and guidance. I kind of fit you're issues as I was in Bucca Iraq the year before you were in the sands. My educated guess just by looking at your PTSD exams is you might come back with a 50%, 30% more likely, granted this is not a guarantee it will vary greatly on the rater and on the regional office. The biggest thing is service connection on your issues. I state this because your experiences are similar to mine. You will only rated for one mental health condition and the VA loves to knock the PTSD right out the bat. They have a nice maze of rules and criteria. Depression and Hypervigilance, Anxiety, and all that jazz go hand in hand. Either way though you will only get rated for one mental condition and by regs they are supposed to rate to the condition that bests matches your symptoms. Treatment and verified records during service and shortly after are going to be required. My biggest suggestions is to get a hold of your C-file. Get that as soon as possible. They are supposed to send it out to you legally within 20 business days, once requested, however, it is a hit an miss depending on the regional office. Mine took 7 days which is not the norm I can assure you. Some people have waited months to years. Some haven't even received theirs and are up there in their appeals. Get a hold of your National Guard records, your old unit usually keeps a ghost file on folks for a few years, at times they'll have extra records you don't get in your FOIA request. There is the address for NPRC (national personnel records center.)which is the sort of a data base for military members. Get an Ebennefits account. There are some features there that will help you get started and you can request records as well from that site. That site specifically does have a fee but the benefit is worth the investment. I think I toped out at 75$ as a fee but I don't recall. If you haven't already done so, get registered for the Gulf Registry Exam and the Airborne Hazard Exam. Get a hold of all treatment records since you been back you'll need that for continuity and verifiable symptoms. I think I probably overloaded you but that will get you started. Read and aquatint yourself with the regulations and laws that apply to your claims. Remember evidence is crucial. There are organizations out there that can help. Veterans Service Organizations and so forth. I don't personally recommend them but they can be of some help. Anyways Welcome aboard and good fighting. JMO and I'll be quiet now. Good luck.

Here's a quick ? Once your hours dip below 35 hours and you're getting written up for having negative leave balances, can you apply for IU? My situation is a little different in that both service connected disabilities along with pending appeals Federal workers comp cases (appeal in Washington for both) can you submit the claim or do you still need to wait until they cann you, or medically retire you, most likely not the n that order? Oh maybe not so quick of a question?. I am getting conflicting information nformation from VA , DOL, and OPM.

I can see your point. What I have noticed in my particular case, and I'll admit it's not a blanket situation. The thoroughness of the exams, the use of favorable medical evidence, history and degree of symptoms along with documented testing both from independents sources and purchased IME/IMO are not being given weight in my specific case. This is fact and I am basing my opinion so far on where I am in my appeals. I can't really say that Dr. Ellis Report was useful or not because I'm not entirely sure it was factored in and given its due weight in the DRO decision. of course the VA's stance is that my favorable evidence was weighed and used yet my rating only went up 10% on my back and only that much from the date of the exam. Again this is just in my claim from what I've experienced and what I've seen pertaining to the regs and evidence used in my decisions.

Stand corrected. Apologies

You can be darn skippy though, that he reviewed your whole SMR. I can't say that about ANY VA C&P examiner.

He is affordable, and he is very friendly. He likes to chat and swap stories. I have yet to reap the rewards from his IME' s, however, with that said, I doubt the VA gave much weight to my evidence, I was still dealing with the Regional Office knuckleheads. However, I am headed to the big boys at the BVA, hopefully there, "they can read" Berta's experience. JMO, I will say an opinion from a long treating doc will yield better stance in your claim, but I do endorse utilizing an IME/IMO to strengthen your case. To supplement your case and add a stronger defense. It is all material evidence. Once I am hire up the food chain, I am going after comparing my specialty doctors opinion and thoroughness of an exam to the Nurse practitioner and Gyno doc's lack of medical rational and expertise, that rendered opinions on my back and SW Asia claim. I kid you not, an OBGYN. I looked it up. Shenanigans !!!

I am not trying to stir up the pot here. Although I do like bringing some of my experiences to light when they relate to the topic being discussed. I am surprised that the VA doesn't have a screening room to keep all electronics out of the patient rooms. But, I believe that it is OUR right to be treated with RESPECT, and DIGNITY. WE are after all, the HUMAN BEINGS that help protect OUR way of LIFE. Past, present and future. I don't record all my encounters but I probably should when it comes to the VA. I utilize the secure messaging because it is a good way to bring clarity when you are trying to discuss your health problems with the professional that is supposedly there to help you manage your care and get treated. Game of cloak and dagger anyone? All cynical comments aside, I hope this gets the ball rolling again, to help better the care we as Veterans receive.

I don't know about you but I like this guy. Excuse me, I like this Congressman. I seriously can't believe that staff didn't bend over backwards once they realized who he was. However that shouldn't matter, congressman, or broken soldier, doesn't matter, as a patient, as Veteran seeking care, as human being, he was treated like most of us have been and still are. I hope that this is the beginning of some serious change in the healthcare that WE are provided. Man I would have loved to hear the conversations going on in the room, a fly on the wall sort of speak. Hopefully this keeps the fire going for OUR fight. Reports like this give me a pick me up to keep the fight going. Awesome. I need that.

Not to add fuel to the fire but I would love to see those. Sad that some of the representatives we call on to help feel the way you mentioned.

Wow that is taking your problem straight up to "the man" Awesome.

Here's an an idea. Maybe there should be a lobby to change the regulations? Maybe a recorded examination should be part of the exam, then there's no question of what was said or not said. Hmm. You know kind of like when your being observed in an interrogation room. Then there is no question of whether the exam was thorough and the doctor reviewed all the evidence that the claimant submitted. A perfect record of history and no room to taint and exam. Not likely but man that would be sweet. Heh and just for kicks a reminder that if a doc fudges on an exam they loose their license and spend federal time in a perfect 8 x 8 cell. However, just so we don't make it adversarial the same would apply to the Veteran. I wonder who would benefit the most from that. Certainly the Veteran. I wonder which statistics would rise the most. Hired docs getting their medical licensed pulled and jail time or a Veteran getting a correct examination and a claim adjudicated and rated correctly. JMTO (just my twisted opinion)

Fight to the end. Don't miss the appeals deadline. I don't know if you are able but an IMO/IME would be a good investment if you can. Heh this might be a silly ? but do you have your service medical records? Or better yet your whole C file?

In OK they have done the same. There is a US flag on the the upper left corner of the license and underneath it states VETERAN. There's also a different ID with Old Glory on the Lifetime Hunting and Fishing license for disabled Vets. I will have to add though, my state required me to send my VA Med ID card and the AB8 Letter, but they return the ID to you in the mail along with the form. It is a nice recognition and appreciated by Vets including this one.

Congrats and good luck. Check in to all the benefits. Including state and local. Take care. Great win.

I do. Not at first but I am wiser to their games. Just be mindful if it ever escalates the only way it is admissible in court is that the party knows you are recording otherwise it is mute. However, if the recording were to hit other venues, say, I don't know, maybe media or internet it can be very persuasive in bringing VA's shenanigans to light. There are consequences to this however. The spotlight goes both ways.

Wow!. Shenanigan' s !

In the VAMC in Oklahoma it is the same thing. They either play dumb or bold face lie. I get tired of it. I call them out every time. I've been documenting it by the secured message function and talking to the patient advocate, which are sometimes useless and at times worse than the doctor you are dealing with. I feel for you 63Sierra as I go through similar. The other observation is they downplay your conditions almost like the regional office. I have several MRi's that indicate moderate to severe damage and the results they send me in their reports are reported as mild. Seriously it's like having a mini regional office right there at the hospital. I'm serious, you could probably come in with a missing, chopped off arm, and they will ask you what is wrong with you. Depending on the VAMC for quality care is quite a scare sometimes.

You can't be rated for more than one mental health condition/disease. What is supposed to happen is that you are rated according to the condition that you suffer from the most. Example Depression/Anxiety. Which ever condition describes or is the closest match to your diagnosed condition and suffer from is how you should be rated. DRO= decision review officer DBQ= disability benefits questionnaire NOD=notice of disagreement

Wow that is a strong point that was made by GP. Listen here it's not the diagnosis you should be after, it is evidence of the symptoms while in service. You got that and that will be KICK YOUR TEETH IN MAMA of evidence. JMO, consider filing the claim with the service med records and let the VA monkey around with it. Let them deny or connect it at 0% or less. While your waiting for that get an IMO/IME and have the doc review your medical records, and your current records with symptoms and, JMO, you should be in good shape. I think if my SMR's would have referenced my symptoms, signs and the sleep studies I got within the year of coming back from the desert I would have had a better shot at getting connected for OSA. Good luck and take care

Congrats. I can't believe I missed this success story. Take care of each other and good luck. Wow.! Sometimes the VA does get it done right.

This is true. When I started my back claim, my initial claim was back injury. Which looking at it now, I'm sure I probably ticked the rater off. I got a letter asking me what part of the back I was claiming and my VSO at the time, yes I actually was using one, stated not to respond. Well crappy advice and crappy decision. But none the less secondaries started being added in from the initial claim as my claims progressed. Radiculopathy of the left leg, then the right, then an increase with future decisions. We are not medical professionals, however, most can read, and knowledge is power, and reading and gaining the knowledge can be the most powerful weapon when utilized. I guess its a bad cliche but i'll write it. " If only I knew then what I know now" Gotta be proactive, that is the only way you will survive this deadly game and reap what you have rightfully earned.

already did. Waiting on the report from Evet. If I don't get access by tonight I'll head to the FOIA route. Well the release of information office actually, but Evet had been pretty dependable.