john999

Papa I don't think you are screwed. I think you should stay on this case since the VA admits you were injured in service. They admit you have had continuous issues with your back over the years. Get your foot in the door even if they only rate you 10%. Do not give up on this regardless of whatever some VA doctor might say. They don't make the ratings. I would do anything to win this claim including hiring Perry Mason. John

Bronco Yes, undebatable standard is almost impossible to meet. My CUE is stalled because VA says a phrase in my hospital record from unknown source is equal to complete excluded medical report making my CUE debatable. The VA based their decision on hospital evaluation at VA hospital. Somebody said I seemed to get on well with other mental patients. Thus "my" private doctor's complete report is debatable when he said I was unemployable and incapacitated. The VA also gives me a good kick in the ribs by saying that "no matter how unfair a rating decision is that can never raise to a CUE". For evidence to be "outcome determinative" there has to be no other evidence on the other side that could in any way make the outcome debatable. This is what BVA said in my claim. I say this is impossible standard since I was in the nuthouse and some goon wrote in my recor I got on well with other nuts. Now I am not giving up and neither is my lawyer, but Good Grief, Charley Brown!

If the VA made a decision without getting a C&P exam that is not grounds for a CUE. I know because I tried that. If they did not give you appeal rights that also is not CUE.

Yeah, my bank did that once and they just returned the SC money back to the VA and told them they did not know where I was. That was customer service from B of A.

If you can get the VA to do a CT scan of your legs or even a leg and it shows calcification that can lead to a heart disease DX. If you are a RVN vet that can lead to a SC rating. I know because I did it.

You say your claim was "reopened". If you claim was appealed within a year of the denial then I think your original tdiu date would be good if you are granted SC. If your claim was not appealed within a year of the denial then you are reopening it with new evidence and you won't get your tdiu unless you asked for it again. Did you request reconsideration within one year of original denial?

Berta That is just what I was getting at in my post. The SMR's could be in the file, but if the VA did not review them before the decision that is a CUE. In my original claim the VA had evidence in the file they did not review when they made their rating. They admit it. This is 2 out of 3 of the things you need to win that CUE entirely. What the VA would probably say if your SMR's were in the file and they did not review them is that they would have made no difference in their decision. That is weak. What unbiased judge would accept something like that except the VA. When the VA looks at excluded evidence they look on the other side to find even a fragment of evidence to be able to say the excluded evidence would not have "undebatably" changed the outcome of the decision. "Reasonable Minds" are supposed make that judgement as to if the evidence is undebatable. Everything can be debated according to that thinking.

Retiredat44 I found a piece of paper and based on that paper I filed a CUE. I hope that piece of paper will pay me. I am trying to find some medical notes that I know existed in 1971. I don't know if they exist today. They were mentioned in prelude to a courts martial, so I know they once existed. It might help me in another fight I am getting ready to start. A very careful reading of your C-File is the place to start especially if you have an old case. In the old cases they just ignored evidence and excluded what they did not agree with which is violation of due process and possible CUE.

I had a copy of my File which my lawyer had gotten from me. We went to a BVA hearing. The judge had a copy of my C-file about three times as large as the one I had. What they have and what we have may be very different. I got a copy of what the judge had no charge. Talk about due process when you don't even know what the other side has to use against you. It is good to get a complete file since all this stuff is on paper. Paper can be shredded or burned.

If you get rated for TBI I would stick to the VA like you know what to a blanket. I would make sure I get treatment via the VA for TBI because as has been said no one knows what is going to be discovered about long range effects of TBI. If you have long and detailed history of symptoms documented at the VA it may come in handy 30 years from now when some new technique shows damage that "could" be due to TBI if you have evidence to prove long term treatment and symptomology.

Some are saying TBI will be the agent orange of the OIF/OEF generation of soldiers. Soldiers in WWII had it and were discharged as fit and then proceeded to drink themselves to death or have trouble the rest of their lives just like PTSD or AO. They don't even know all possible secondary effects of TBI. They will find out as generation ages just like AO and PTSD. Don't base your claims on rumors. Have you had second opinion from private neurologists? The VA said my father-in-law was ok after tbi and he spent years in prison for crazy behavior. John

If you can avoid a CUE and get the EED as Bronco says that would be good. I have an old CUE and the standards are just so incredible. Any loophole they can use or make up, but if we are talking 1953 as a possible EED then anything you do including hiring a VA lawyer would be worthwhile. I hired a lawyer for my CUE. The BVA admitted a CUE was made and still denied my claim. Now I am at the CAVC where you may be one day. Don't give up! John

If the VA did not have your SMR's and made no attempt to get them you may have a CUE. Did the VA mention anywhere that your SMR's had been reviewed? Were your SMR's in your C-File as of the date of your first denial?

In Florida I am pretty sure you have to go into a metal container anyway. The water level is so high bodies would be floating to the surface. I don't think they can just put you in a pine box and lay you in the sod. You get a nice metal overcoat. John

That is good to know!

People do OCD things to reduce anxiety. I don't think it works but all that worry and obsession makes it worse of course. There are cases of OCD where you would believe the person is out of their mind, but they are not. They sometimes do their work but believe that every time they drive down the road they have just run over a child and must stop and check it out. This may happen five times a day or 20 times a day.

If you think about it everyone who is out of work due to SC issue is a hardship case. Where do they begin except to speed up all claims. How many vets can go 6 months without a paycheck? Waiting on disability is a great way to lose weight. I lost 20 lbs and I got other disability really fast from workers' compensation etc. I did not have serious money problem just worried to death about "what now?". VA did turn me into a OCD case. I always believe that some piece of paper is either going to ruin me or save me so I save it all.

You are P&T.

They might give you the MMPI. Really, what counts is how OCD disables you. Some people spend 4 hours just trying to get out of the house and then have to go back to check the gas five times. If you have rituals and obsessions that take up all your time how can you work? This is really what they are looking for is evidence that your OCD is making it hard for you to work and get along with others. Some people with OCD seem almost psychotic but they are not. John

I doubt it. How long have you been TDIU?

You need to produce medical evidence that your anxiety is worse and file for an increase. Evidence could be in the form of a independent medical opinion or exam. It could also be what is in your file at the VA. Playing down your symptoms could come back to haunt you. I would try and get treatment from a doctor who does not already think your symptoms are mild. Get a new doctor if possible. Tell the truth this time. If they think you are bsing them just to get an increase they won't be helpful. This could take some time since you have to undo the damage you did to yourself by downplaying your symptoms. I would tell truthfully that your meds are not working to control your anxiety and that is what drove you to quit your job. John

As many as it takes, Cooter, for you to be able to breath. This is your life that is at stake really. If VA is supplying your labs and masks they really don't care if you live or die. I am surprised they don't have a crematorium right on sight. Does vet have relatives....NO!......burn em.

Hmmmm.....I signed a contract with my lawyer that he would get 20% of retro award. I mean we are going back 40 years.

No, the lawyer takes your case on contingency. He is going to get 20% of your award give or take expenses. He gets the 20% for taking a chance on you and your claim.

Mirtzazpine kicked my azz worse than any other drug I have ever taken and I have taken a lot. I really did not fee normal for three days. I just could not wake up for days. If you go to the VA to get admitted for suicide you have to have a plan. This is because if all the suicidal people were admitted the VA would have to build another hospital just for them.