john999

I would consider getting a lawyer. Why the VA plays these games is just cruel and inhuman. They think they can discourage you. Your claim should be a slam/dunk for presumptive AO of IHD. John

I sure would try since you had it worked in service. Implants are expensive but the other option is a bridge. I would claim it as service connected. You sure want to get this thing fixed since you have infection that may affect the bone in your whole jaw.

How did they decide your effective date as Dec. 1st 2012 if your claim is 7 years old? The VA is very tricky and cheat vets on their effective dates any time they can. I would appeal the date unless the VA can really explain why they made that decision. Now the way to get a higher rating is to get an IMO/IME to say you have gotten worse in the last 7 years. John

I can tell you that being paranoid usually involves delusions and if you are really psychotic hallucinations. When shrinks try and make distinctions between psychotic depression and other psychotic disorders there really is much overlap. If you are having delusions and/or hallucinations you are 100%. You are taking anti-psychotic meds. John

I was granted 70% for a single disability back in 2002 and I was denied TDIU. The VA knows once they grant you TDIU you will probably never work again and will one day get P&T. There is a cost to this and they like to avoid it if they can. I used an IMO to get my TDIU plus I applied and obtained SSDI. If you can't work apply for SSDI. John

100% is much more money than 90%. You get tax exemption usually as well. Free auto tags etc. Your wife would get DIC when you die plus your military survivor benefit I think.

You might consider getting an IME/IMO on the anxiety to get it up to 50%. You want to show that your condition is getting worse to save time and trouble getting TDIU.

You know the meaning of "undebatable" has been argued a thousand times at the BVA and Court of Vet Appeals. My CUE met all the tests, but the VA balked at "undebatable" which has resulted in another trip to the Court. When someone who knows what they are doing looks at your claim they can often find many errors in your rating. For instance, a rating must address your social and employment adjustment if you are claiming a mental disorder. I was rated 10% 40 years ago strictly on my social adjustment on a VA psychiatric ward. This is part of my CUE as is Cushman V Shinseki 2009. This is stuff my lawyer found. I only knew my decision was unfair at a gut level since my doctor's report was excluded. Also, believe it or not, the regs regarding how to rate mental disorders changed in the middle of my initial claim between 1972-73. This caused a remand at the court because the BVA had used the wrong regs to discuss my rating.

This is good news. You know for many prozac tends to make sexual relations impossible. You are one of the lucky ones.

You know GERD can in some cases cause cancer. It might be worth letting that claim go through even if you get 0%. I have GERD long treated by pills. The VA also gave me many anti-inflammatory drugs over the years. Have you ever had the docs look down your throat to check out the lining. That is where the cancer can occur. Here is another thing for you to worry about! John

You can get 100% for an anxiety disorder easier than for PTSD and the money is exactly the same. PTSD is an anxiety disorder. What I would try to do is prove via medical evidence that my service connected anxiety disorder has gotten much worse. I came back for Vietnam and I was diagnosed with schizophrenia and service connected. They did not even have a PTSD DX then. Even after all these years I am 70% TDIU for schizophrenia and I don't have it. However, if I tried now to prove the VA was wrong and I had PTSD what good would it do me? I might get a reduction (I doubt it since I am P&T) but my point is that not every vet has to have a PTSD DX to get to 100% or TDIU. Just from what you said I would bet you do have PTSD, but get the money is the point. John

If you want a good IMO/IME be ready to pay for it.

Medical evidence is what wins VA claims. You connect the medical evidence with your service and get a DX. You file your claims and be ready to start waiting and then appealing. You will probably be low balled on your first claim. So it is normal to be outraged when they say your back injury is only 10% and you have a hard time walking. John

Asknod ha,ha I did understate that "drags their feet a bit" didn't I ? Could be years, but what can a vet do besides a writ?

I had a C&P exam in 2001 in which I was asking for TDIU. The exam doctor said he could not determine if I was TDIU because I was unemployed at the present time. Earlier, I was denied for an increase because the exam doctor said records show I had degree in psychology and he believed based on this I was faking it. I should have asked the VA to CUE themselves, but I did not know. John

Just put the money in the bank and wait! Don't spend it or send it back yet. If the VA calls you and wants it back ask for a receipt that clears the accounts. John

. You have to be oh, so, careful when you word your CUE. This why I think you need a lawyer because the VA is playing with you. When I filed my CUE the first thing the VA did was try and use evidence that was not part of the record at the time of the CUE to dismiss my CUE. If there is big retro it is like trying to land a great white on 10lb test line without a lawyer or one of our hadit lawyers working for you full time. John

In order for you to put in Form 9 that means you have been denied at VARO and are requesting appeal to BVA. What year did the VARO deny your claim and what year did you and your lawyer (?) send in your Form 9. Are you asking for a hearing? Usually, the initial denial or low ball from VARO takes 12-18 months and then when and if you appeal to BVA it may take two years after the BVA gets the Form 9. Sometimes the VARO drags their feet on certifying form 9 for appeal. Make sure your lawyer stays on top of this. John

I understand and I am not trying to be wiseguy. I was given anti-psychotics as treatment and they really put a whammy on me. If you need them then you need them. I was thinking of consequences of long term use. I take plenty of drugs that are not really good for me due to chronic pain, depression and anxiety these days. My brain may have been altered by now so it must have these drugs. John

I think Pete's idea about asking for a hearing is a benefit vets hardly ever use. You are supposed to be able to ask for a hearing for any compensation issue and lots of other issues as well. John

Save that money since you don't know if they will ask for it back next week. I was overpaid by the VA for months back in the 1970's. I called them, visited them, wrote them and the VA said "Aw, just spend it". One day the money stopped and I went back to my original payment with no explanation. When I owed the VA $200 bucks for G.I. Bill overpayment they hounded me for years until my congressman Sam Gibbons got them off my back. There is always some sorrt of appea for these things. I complained that the VA was charging my private insurance for SC conditions. The VA denied it but gradually stopped doing it. I was P&T vet and the VA had the gall to charge my insurance for a C&P exam for AO condition. I would send it that waiver request anyway. You have to protect yourself in a timely manner. Don't give them money back until you have something signed that relieves you of any debts. I trust the VA not at all. John

My SSD clailm was done and approved in three months. I have been working on my VA claim on and off for 40 years. John

Yes, it does no good to get angry with the VA. The VA is just a big machine. Boomer, you are in appeals so there is no time limit on your appeal. Did you get low ball rating? Now if DRO does not give you what you want you have to go to the BVA. Then you have to decide do you want a personnal hearing, Telehearing, or just review. I got a traveling Board hearing and I had a lawyer. It did no good as the so-called hearing lasted 15 minutes, but my lawyer did explain that we had legitimate CUE. About 8 months later I got my denial and then off to CAVC. That was probably 3-4 years ago I think with a remand back to the BVA and then back to the court. The initial rating decision should not take over 12-18 months, but what are you going to do? You can file a writ, but you will lose. The backlog is a political thing. The government could solve it but really they just don't want to spend the money. John

Tex I think they are doing the easy ones first. My claim in on the legal train and the train is on the track. I think I will get some kind of half-azzed decision in 3-6 months. This means nothing because it will be remanded back to BVA or on to Federal Court if my lawyer will go there. I read the obits everyday where RVN vets my age are dying. This does not make me feel great, but I understand why someone who just got out a few years ago and is waiting on the VA two years would be angry. I waited two years for my first low ball decision.....10% back in 1973 which was 28 bucks a month. If you want to have any presumptive military cause for your disabilites (not AO) you should file everything within a year of discharge. Better to wait a few years that be denied forever because the VA says you can't prove your disabiliy is service connected because of years going by.

Anti-psychotic drugs like Seroquel can have profound side effects ....some that are permanent. I took Stelazine 40 years ago given to me by the Army. I had to go to the hospital. I never took it again and I would have to be really batty to ever take that stuff again. If you are having hallucinations then it is fine for a short while.