john999

I doubt it. It is not the DX that is important but they way it affects you. PTSD, or MDD or Panic disorder all can disabled you as can schizophrenia. I do think that paranoid schizophrenia has a more negative outlook in the minds of most shrinks. As long as you are SC for a mental disorder that is what counts. I have had three or four DX'es over the years from schizophrenia to bipolar to MDD and back to schizoprenia. What that means to me is that they are just guessing. John

I would settle for a supplement for SSD or ChampVA. It is dumb to have dueling health care systems when we vets are lab rats. Would you let the VA do hear surgery on you? Just add disabled vets to existing medicare system.

They might do it. You are going to probably have to really stay on them about it. If your social worker, pain doctor or shrink says it will benefit you then you could ask for the classes and even material. It is a hobby to keep you busy. You have to be a persistent SOB, but you may get lucky.

Karl Kazmierczak & Kazmierczak, LLP Attorneys at Law 593 Ramapo Valley Rd. Oakland, NJ 07436 WWW.KazmierczakLaw.com You can go to the website and they will get back to you. If you want to call them 201-337-7704. Karl is doing quite a few CUE's. Mine was initiated by me not the VA. That is why it is taking five years. Tell them I sent you and maybe I will get a break, ha! They do SSD also. John

I think you will get TDIU as long as you have evidence you can't work due solely to the depression.

When the VA proposes to sever SC they should state a reason beyond just saying they made a CUE. When it gets to BVA they have to break it down especially if you have a decent representative that writes you a strong brief. With my own CUE I never got a real reason for dening my CUE until I got to BVA. The thing is the burden of the CUE is on the VA. It is a heavy burden. Clear and unmistakable error is CUE.

I was thinking that the BVA was returning your file to the VA and did not consider them returning it to the VA medical center. That does sound weird. You File should be returned to your RO and not your medical center. I would call my VSO. C&P's are originated at the RO and done at the VAMC? It could be a typo.

We have not done anything wrong. I think what is happening is the government wants to renig on their promise to us. I can see something down the line where the VA dies the death of a thousand cuts. Once we are out of Afghanistan watch out. Vietnam era vets are the ones using the VA and we are just totally out of the public's mind.

The bottom line for vets is that we are on the bottom and we have to get in line.

It means the BVA has made a decision and they are mailing it to you in their own good time. You can contact your VSO. That won't delay a decision that has already been made. He may know before you know. I can't say if you got IU or were denied from the language. What is your current rating?

I have a lawyer who is doing my CUE. If you want I can give you his name and number. You might just wait and see what happens with the CUE and what the DRO says. If you lose at the DRO then hire a lawyer for BVA. I had a lawyer at my DRO. I was denied. I had a lawyer at my BVA Hearing. I lost. Now I am at the CAVC for the second time. I don't think this is my lawyer's fault but a hard nosed attitude at the VA. By the way, the "contract" with the lawyer is all that matters. Whatever they tell you outside the written contract is not worth a damn. John

Yes, you will still be eligible for VA benefit. I would do it if I were you because one of our posters here did it and got Tricare and some other benefits. Keep posting because there are some here who have done just what you are trying to do. This will be your best shot at it because the longer it goes after discharge the harder it is to get them to change their minds. Are you able to work now?

When the military took him he was deemed fit. If he then began to show signs of schizophrenia during service it would be service connected. There is no proof that schizophrenia is 100% genetic. Identical twins sometimes are in a situation where one twin gets schiophrenia and the other does not. Stressors have a lot to do with it. Unless I had to answer a sworn statement about his father I would not volunteer that information. If he was in basic training for two weeks and broke down the military would probably have a better case to say it was pre-existing. Even so I think the VA would be on the hook because he was accepted as being fit after an exam. If he was not fit they should not have taken him. John

Since your DRO Hearing is an informal hearing in front of a senior claims examiner and you already have an IMO/IME I don't think it matters as long as you get the facts out there. Your lawyer is there to make a legal argument for you. If you get denied by the DRO then consider hiring a lawyer if you think you are going to have a real fight on your hands that will go to the BVA and beyond. Since you are fighting a CUE the VA called on themselves the burden is on them. Lawyers representing vets should only take 20% of the retro so I think you can do better. Where did you get this lawyer? \ I think if your IMO says the CTS and the neck are separate issues with separate causes I don't think you will need a lawyer, but stay tuned. What kind of doctor is your IMO?

As Carlie says the nexus will be the thing. If you can go over or supply the lawyer will all records both SMR's and personnel records there may be something in their that indicates he was breaking down before he was discharged.

When the VA and Ebenefits starts to throw deadlines and numbers around I just ignore it. They get your claim done when they get it. Time means nothing to them. There are not strict guidelines for the VA. There are many for you! You miss you NOD deadline by one day and out you go.

When you get your VCAA letter if all your issues are not mentioned and addressed in the letter then something is wrong and don't assume it is ok.

My wife had heartburn for a while. One night after eating some very spicey food she started to have real pain. I took her to the hospital ER. They did some blood work and found she had some kind of infection. Then they did a CT scan and found a problem in her stomache. She had to have an operation right away before the ulcer ruptured. Pain is a message that needs to be listened to right away.

When I got TDIU I was able to get the VA to reimburse me for dental work done while my claim was on appeal. This does not really apply to P&T status but when you hit total disability you can get dental from the VA and this can amount to many thousands of bucks.

Did you get denied by SSDI when you filed for OPM? Are you trying to get TDIU or 100% rating? I would take a trip to the St. Pete RO and ask some questions in person if possible.

If your job duties aggravate a pre-existing service connected injury you can file for worker's compensation if your attempts to get higher ratings via the VA fail. If the USPS tries to get rid of you then file for WC. This complicates the VA process somewhat. If it were me I would press the depression/chronic pain issues. The way to go with this is to get a high combined rating and then retire on OPM/SSDI and put in for TDIU. I think you will have to give up the ten mile walking route.

What seems like the obvious CUE may not be the actual CUE. This is why when you have what you think is a CUE with lots of retro it is worth getting a lawyer. I thought I had a CUE because the VA excluded evidence from my original claim. I do but my original wording would have resulted in dismissal of my claim. Time is the real enemy in these claims. Get it right before you go to court of vet appeals.

I see that the PTSD C&P questionaire and exam are about the worst there is of any exams. You go for a mental health exam for some other problem and the doctor just chats with you for ten minutes and sends you on your way. The VA is geared up to deny about a million PTSD claims.

Rental I am 60% for cardio and I have never seen a cardiologist at the VA even for my C&P exam. There is really only one way to determine if you have a serious problem with your heart and that is to have a heart cath done, and no way would I let the VA do that. As the Captain says "the VA waits until you blow up" but that is too late.

I would go outside the VA and get a second opinion on your chest pain.