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HadIt.com Elder
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john999 last won the day on January 21

john999 had the most liked content!

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About john999

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    HadIt.com Elder
  • Birthday 01/09/1950

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  • Location
    Tampa FL
  • Interests
    VA law and history of the Blues

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  • Service Connected Disability
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    history, computers, reading

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  1. You have nothing to lose by filing the CUE. These CUE claims are often a long shot just because of how tricky these claims are made to be. I have won one and lost one. I pursued a CUE for six years and it went COVA and died there. However, I am glad I filed it because it was an education.
  2. You can file for TDIU. If you get 100% then your TDIU will go away.
  3. I think your original denial of TDIU is a CUE. You were 70% for a single disability. The VA admits you were unemployable. They should have granted TDIU. They are stupid. This is just a mistake they should not have made. Also, they may figure that you might just accept the denial and go away. They get away with this crap all the time.
  4. Thanks Bronco I worry that as I approach my 20 year mark at current disability they VA will pull a fast one and call me in for a C&P exam. Most of the doctors I relied on for IMO's have retired. I still have one doctor who will help me. These doctors who will write IMO's for vets are a valuable resource and a shrinking resource I think. I don't trust anyone working at the VA or through the VA.
  5. What is the best claim reference material these days? I have not filed a claim in a few years. I have an old vet benefits manual. What has changed in the last five years?
  6. If you have 70% for major depression you can easily get TDIU which is almost as good as 100% rating. Are you able to work? The thing about depression is that is usually very treatable whereas chronic PTSD is not so treatable. The VA does tend to see many claims for mental problems as a claim for PTSD. If you get a rating for TDIU or 100% and you get P&T then you are pretty much home free. I would shoot for that goal is I was totally disable.
  7. Get an Independent Medical Opinion to use as "new evidence". To continue to argue with the VA about these crummy C&P exams will just add years to your claim. Go out there and hire a shrink to review your records and draw an opinion that helps you. I would say without much doubt you can hire some decent shrink to do this. I got nowhere until I got an IMO.
  8. If you want to win your claim within your life time get a IMP to refute the C&P exam. I have had numerous bad C&P exams and the fastest and best way to prevail is to get a strong C&P from an specialist to rebuke the original C&P. I have challenged bad C&P exams and it takes years to even get a new exam and then you will probably get another bad exam since you have no control of a VA exam. One you get your positive IMO you appeal or reopen your claim with "new evidence". As long as you can get new IMO's you can appeal. I got three IMO's on a claim for TDIU. I did not stop appealing and getting IMO's until I got TDIU P&T. It took a couple of years, but a lot faster than depending on VA exams. You just cannot depend on VA exams.
  9. Since the VA considers chronic pain as a mental health condition I don't think you will get a separate rating for something like PTSD and Chronic Pain. They will rate it together under one rating. Now if you have a SC related physical condition and you have depression due to the chronic pain associated with the SC injury you can file a secondary claim for depression. You might get a better rating for the depression than for the original injury. I would advise any vet with a physical injury that limits his abilities to work or play to file a depression claim. Not many vets who are crippled up due to injury that do not feel with depression.
  10. Are you getting TDIU? 100% money gives you a nice place from which to fight your battles. How much do you stand to win in retro if you prevail on the 1990 original claim. Just to win based on principle is not worth much if you can get 100% pay by merely filing a couple of reports and forms. If you think you can win significant retro then I advise getting a lawyer and get TDIU while you are at it if you don't have it.
  11. COVA is not that veteran friendly. Even if you have the best lawyer in the land you are at a disadvantage because you no longer have benefit of doubt. COVA was not friendly to me and I had very competent representation on a CUE claim. I thought it was a slam-dunk and found out different. When you lose "benefit of doubt" and other concepts you get at lower levels in the system you are at vast disadvantage. If you can solve your claims at the lowest level possible you will save years of wrangling. In many respects the higher level vet appeals are a waste of time because they will swallow a whale and choke on a gnat. Save time and get your claim approved at the RO. Do what you have to do to get evidence and win it at the RO. All my claims were won at the RO by asking for DRO Hearings and getting new evidence to overcome VA objections. If it takes you years to win a ten percent increase at the COVA you have already lost by the delay.
  12. Oh, yes, it has happened. The VA just denies claims sometimes because they know that at least 50% of vets won't appeal. I was denied for a heart condition due to AO. My VA doctor wrote a report for me that was golden, but the c&p "doctor" who was a nurse nixed it. I appealed and got 60%. It is weird because the denial was absurd and the appeal was absurd also. None of the decisions the VA made were logical but I won that round.
  13. You know reimbursement rates for doctors who accept the VA payment for services is so low that most docs I know won't accept it. Medicare reimbursement is so low that the hospital system depends on private payers and insurance to survive. Medicade is the real joke. Reimbursement is so low for nursing home doctors like psychiatrists that where I live no doctor will make rounds except quacks. The Choice system will never work well because they need to make the VA a better payer than Medicare and you know they won't. I have Medicare and private health insurance so my doctors don't mind treating me. I do look at the difference between what the doctors charge and what they actually get paid.
  14. The VA can really play hardball even with vets who have mental health treatment and DX in their SMR's. Persistence is the main thing with these claims. The VA has had a tendency to consider all psychological claims to be claims for PTSD. If you have treatment for mental health issues in-service this should be golden. However, be wary of the personality disorder DX. The military just loves to use that DX to disqualify vets from compensation.
  15. Before I arrived at Hadit I did not know what TDIU was, but within 18 months of getting advice on Hadit I had TDIU. I had used the DAV and VFW for years and go nowhere. I would still be getting 30% rating if not for info I got on Hadit. You just have to make up your mind that you will not be denied.
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