john999

Did you serve in combat while you were in the infantry? Do you have a CIB? How did the VA determine your PTSD was not service connected?

If you walked into the exam room you probably already lost the A&A award. If you rolled into the room in a wheelchair you might have had a chance. Are you housebound?

When you throw a lot of stuff at the wall it is not clear what will stick. What are you claiming that will get you to 100%?

The C&P doctor does not make the PTSD rating. That is the job of the VARO. When you get your copy of the exam post it here, so we can get an idea of what your percentage might be if the VARO accepts what the exam doctor says. Are you working?

The federal government often has to hire disabled vets, but they do not have to keep them. I worked at the USPS. They really hated hiring disabled vets because this made if more difficult to find jobs for relatives, girlfriends, buddies and all the rest. The USPS would hire a disabled vet and then start to try and find a reason to fire him/her. If you told them you had PTSD they would make you bring in statements every time you took off time to see your doctor clearing you to return to work, and that you were not a threat to yourself or others. It was gross discrimination, but EEOC allowed it.

My claim went to a three judge panel in December of 2013 after sitting with a single judge for about 8 months. This is the second time it has gone to the CAVC after a remand back to BVA to fix errors the BVA made themselves. I understand very well why VA would not want AskNod's AO claim to go forward because if he won it would open a new area for "boots on the ground" AO exposure. I don't understand exactly why VA would make a deal to avoid a panel hearing on Daklander's claim. What is the issue the VA is afraid of exploring?

The VA has an in-patient chronic pain program as well. However, you have to be off all opiate pain killers to get into the program I was told. This sort of discourages many pain patients who want help getting off the pain meds.

I never got 5103 Waiver notice. They are five months behind in sending it to me, but I did swear that I did not have any more evidence. I filed in June of 2013 and nothing has happened since that date. I refuse to check Ebenefits again since the so-called completion date retreats in front of my eyes every time I check.

If you are 90% and the VA denied TDIU then they must have some evidence to show that your inability to work is not due solely to your SC conditions. The VA may be grasping at straws, but what was the exact reason your were denied TDIU? I was denied TDIU once and the reason was that even though I had SSDI the VA maintained I was not totally disabled solely due to SC reason. This was false, but I had to appeal it using an IME to knock down the VA's denial logic. John

The VA has a poor memory as well. They only check your C-File when you make a claim for retro going back years. What I have found on the medical side of the VA is that each new doctor just scans your most recent records. Nobody follows your medical history unless there is a reason besides medical good practice. I recently tried to get a script for a new drug. I had to see pulmonary doctor. He never looked at my medical history until I got to the appointment. Then he told me he could not prescribe for me because I was getting opiates from the VA pain clinic. If he had even looked at my medical history before allowing me to make an appointment he would have known he was going to deny my request. Nobody has a perfect family or life before the military. However, the VA will use anything you tell them to deny a claim. If you tell them you had saw and heard people next door screaming and dying in a house fire before you went into the service they may decide this is the real cause of your PTSD, and not the fact you saw buddy blown up in Iraq. If you tell them you used recreational drugs and skipped school a few times before the service you may end up with a personality disorder DX instead of PTSD/depression/anxiety disorder. I know this from personal experience.

I sent in what I thought was FDC since all my evidence is at the VA hospital. This was in June 2013. According to Ebenefits my claim is at Gathering Evidence stage eight months later. I have told them over and over that I have no other evidence to submit in sworn statements. My claim sits "Gathering Evidence" stage. I get the statement "Waiting for 5103 Waiver Review Request" as the reason for my claim being stalled.

I don't think you have too much to worry about the VA not getting the C&P results that they paid to have done. The problems come in when you send them evidence via mail or a VSO. What evidence have you submitted to the VA yourself? If your C&P exams have been done then I think your rating is going to happen pretty quick if that is all the medical evidence you have. I might call or send an IRIS, but I would not do anything to slow the VA down at this point. I think the train is on the track. In my experience decisions come pretty fast after the C&P exams are done. Did the VA diagnose you with PTSD before your C&P exam and did you let the VARO know that you have records with the VA that showed a PTSD DX? The way it works now is that the VA must DX you with PTSD. They will not accept a lone DX of PTSD from non-VA doctor. This is really outrageous since the VA is saying they are the only ones who can DX PTSD which is false.

When you get the letter of denial I would ask them to reconsider your TDIU because you got SSI solely for your service connected conditions. You did say SSI and not SSDI, correct. What I would do is along with the letter requesting them to reconsider include your SSI records that say you are totally disabled due to your service connected condition. If you got SSI or SSDI for anything besides the SC conditions the VA is going to deny your claim for TDIU. However, your SSI records are "new evidence" of your total disability. What you have to show is that your are unemployable solely due to your SC conditions. John

To go from 90% to 100% you need 50% rating to get to 95% rounded up to 100%. If you can't work file for TDIU, but you probably know this.

What level of government do you work for? I like what Justrluk says regarding ADA. I would request reasonable accommodation and be sure they have FMLA form from you. You need to keep this job until you have 70% plus SC disability rating. It will then be much easier to get TDIU if you are fired. Don't resign or quit. If they fire you they have to give a reason and that reason will probably help you get TDIU and SSD down the road. If they know they can easily push your buttons to get you to go off the deep end they will probably do it so they can hire Uncle Joe or girlfriend to fill your job.

Your most important rating is going to come from PTSD. The PTSD exam is extensive. My advice is to just stick with story that you had fine childhood and no problems with law or school or work until the military. The PTSD is the entire cause of your emotional problems now and in the future. Don't let them go on a fishing expedition into your childhood, marriage or family life before the military. You were an All American boy before the combat experience and now you are disabled due solely to your PTSD experience.

No, it really does not slow it down. Who did your C&P exams? There comes a point when you just cannot worry or hurry the VA. You can make sure the VA has evidence "you" sent them. I would not check more than once every few weeks or you will drive yourself nuts. You have to get the contract C&P exams from the VARO. Your VA C&P exams can sometimes be gotten via Release of Medical Records. You can be pro-active, but the VA is inactive. I would call the 800 number every so often to see if there is some document they lack that is holding up your claim. I mean like a DD214. This happens.

I made a sworn statement that I have no more evidence in my increase request for DMII. I look at Ebenefits and it is still in the Gathering Evidence phase 6 months later. I am lucky this claim will not affect my compensation rate. I wonder if I should send another Statement in Support of Claim telling the VA I have NO MORE EVIDENCE? What does it take with these people? This is small potatoes compared to my wait for CAVC to make a decision in my CUE. Iam 13 years P&T. I wonder if I can just assume I will continue to get my compensation and just disappear off the VA map? No, you cannot assume anything with the VA. I assume they will drag a 70 year old vet in one day for a C&P to see if he is really unemployable.

It took me thirty years to go from 10% to 70% TDIU. I went from 10% to 30% and then 70% and then an appeal for TDIU. I had to claim P&T via another appeal. Since then I have had six more claims approved for AO conditions. Now I really don't want to go back to the VA for medical care, but I get my ticket punched half a dozen times a year for various conditions. I have about had it with their rules and regulations.

I took the morphine for a while and it turned my bowels into concrete. I got off it. Now I use Fentanyl patch and oxycodone. Not great but tolerable.

I started at 10% in 1971. It took 30 years to get to 70%. Now I am trying to get retro for that low ball rating for 30 years via a CUE claim. I am currently P&T with "S". Since 2003 I added about 7 SC disabilities due to agent orange.

You know your VA has the ability to write a perfect secondary condition opinion if they choose to do it. My PCP did if for me a few years ago when I wanted her to help me connect heart condition to DMII. Then VA changed their minds about helping vets do this, and I got a new PCP who was reluctant to stick her neck out for me. Since your claim is not final I don't think you have a CUE. The VA will not connect the dots for you even if it is obvious. That is why you get the private doctor to do it for you. This they will accept, sometimes. You get what you directly ask for from the VA. You have to know enough to ask, or they won't help you. This is my experience with all the conditions I have secondary to DMII. This is part of the learning curve at the VA.

Get a medical opinion that your secondary condition is result of your primary decision from either a VA doctor or private doctor. I have gotten SC'ed for quite a few secondary conditions due to DMII. In all cases I had an opinion from a doctor that the secondary condition was at least as likely as not the caused by the primary condition. Your doctor needs to explain the rational of his opinion and explain why the two conditions are cause and effect. You don't want just a note in the record. You want an opinion that makes the case for primary and secondary connection. It is common knowledge that PN is secondary to DMII, but if your doctor does not say it then it is not so to the VA. John

Hey, doggie, I was at VA hospital in Tampa yesterday. I felt the disrespect oozing out of the walls. Those VA employees were moving like plant life. I stood at various clinics and the clerks would just keep talking on cell phones and not make eye contact with me. I had to speak up every time to get attention when I am standing right in front of them. To me the VA hospital is just a charity hospital and they really try and make you feel they are doing you a favor by looking up at you. I felt like throwing paperwork right in their faces, but know that would be a quick trip out the door with police escort and possible pepper spray. I don't know if those guys have tasers , but I bet they would like to use them on some vet like me. I was having a bad day and VA made it worse with lack of respect. John

If you have a chronic disease and make a claim within a year of discharge the VA treats it like you were on AD, more or less. I claimed a mental health issue within a year of discharge and got 10% retro to the day after I was discharged. This was in the bad old days, but I think the law is the same. I am not sure if the condition must be chronic or not, but if you were treated for it in the military and claim it within a year you should be good to go as long as you still have it. The C&P exam DX would be a current DX. It carries much weight with raters. You can also get a private exam at your cost. I would do that if I were you.