john999

Even if you get an EED I would have some lawyer eyes shine on all your decisions since you were discharged. There are some good lawyers out there and if the VA admits a CUE and EED you may, in fact, be entitled to much more. They do try and cover their tracks to avoid an even bigger retro payment.

Is the VA right when they say you have nothing in your SMR's regarding DX or treatment for a mental health issue? It sounds like you were sick as hell in the Army from various things. I hope you win your CUE. I also have had many DX'es changed over 40 years from personality disorder to schizophrenia to bipolar and then back to schizophrenia with four other disorders throw in just for the hell of it. The treatment I got at VA back in the 70's was so bad my private shrink told me to stay away from there or I would end up in an institution.

You have two C&P exams, but you don't have to show up? That sounds fishy to me. What is purpose of C&P exam if they don't examine you? Does a letter say that or is that word of mouth from some VA person?

Allan I agree that when the VA starts to play all these games of denying IMO's and fishing around for opinions just based on exam of the records then it is time to get a lawyer. When you get to the Court it is all legal jazz. I really don't think a non-lawyer stands much of a chance. There are a few people here who could do it on their own, but it you are looking at years of retro why not just hire a professional?

Can you post a copy of your C&P exam with your personal data deleted. We need more details. Are you claiming PTSD? Do you have physical claims also? These things usually take about a year, but since you have already had your C&P exam it could be much sooner.

I woulf file for the additional disability, and ask for Chapter 35 while you are at it. I filed for additional disability after getting TDIU ten years ago. It eventually ended up with a separate rating of 60% and I got SMC "S". You never know where these disabilites will be in 10-20 years.

That is going to be a nice junk of retro. You and Carlie should go on a shopping binge.

Carlie How much backpay will you get? It sounds like 100% all the way. Maybe you will get "S".

I think I would concentrate on the TDIU. You can worry about the TBI after you get TDIU. If you were subjected to daily explosions and have that documentation I think I would let those facts speak for themselves unless you can prove you hit your head in the fall. In fact, you don't know for sure that the explosions did not cause the TBI.

How do you copy just your most recent lab result from myhealtyvet? I have years of medical records but it looks like when you copy you get everything.

If I were you I would just put the money in an interest gathering accout and wait for them to ask for it. It is not your fault they paid you this money. If they made a mistake you will hear about it.

One thing this says to me is that if you have a condition that is SC or you believe is SC get a doctor and keep him/her. This way this doctor can testify to the chronic condition of this disability. Plus, long term doctor/patient relationships usually produce good medical reports. A doctor who has been seeing for you 20 years knows you, and knows you are not just doctor shopping for an opinion.

Your decision becomes final one year after it is made unless you file an appeal. Your decision would become final in May of 2012 if you had not filed the NOD. Since your rep did file the NOD then when you get "S" it should go back to the date you got TDIU. I did a CUE because my claim had become final. In your claim you don't have to prove anything. If you are total plus 60% you are entitled to "S". When the VA reads your NOD they should grant "S" on the spot. S is a statutory benefit like getting extra money for dependents. All you have to show is that you are at least 30% and have a dependent or spouse. You don't have to go to a hearing or make a case. Bradley vs Peake is the case law that says you should have gotten S.

Sgt Don't let anyone decide for you that you are ready to lose your hard won SSDI and TDIU. The system does not grant those benefits if someone does not think you have a real disability. If you don't mind me asking how old are you? This does not matter as far as voc rehab, but it might matter when you go out into the world to try and get work. I would run the voc rehab out until this depression/recession is over and done. Rehabilitation depends a lot on your age. Age discrimination is real. Every year law schools and colleges crank out thousands of 24 year old grads. I think I might get a second opinion on my being ready for work. Find a decent psychotherapist and talk to him/her. I am almost 62 so there is no hope of me ever going back to work. Maybe I am prejudiced about the chances people over 50 have of getting work if they have been out for a while. I do know people with bipolar disorder and I know that if something does not click with their meds they can become manic or depressed very quickly. Is your only disability the bipolar disorder?

Post all the information and you can get advice for free. If your claim is waiting for a decision you might just wait and then hire the lawyers. They have a legal responsibility and liability to do the best possible job.

I think the VA would try and help you transition to something in legal field so they don't have to re-educate a guy with a law degree. They want to get you into work as fast as they can so they can save money. Are you permanent and total? What they want to know is if it is feasible to spend money to rehabilitate you. They might ask "He was a lawyer before and he crashed and burned. If we spend more money on him to get him back to lawyering what is there to stop him from crashing and burning again"? I am playing devil's advocate. I think you are rehabilitated when you get a job and are off of TDIU. Do you get SSD as well? Most guys on IU never go back to work so they might be very happy to help you back to work if they think you are well enough. Maybe you could work as some kind of lawyer in the VA. That would be your best shot probably.

They may not do ChampVA either. My wife had Blue Cross and ChampVA but CVS will only bill one or the other.

What Carlie is saying makes sense to me. If you are set up for video conference then I would go with that instead of kicking it back to the DRO. It is a matter of time. I don't think I read your post correctly. If you pull it back at this point and go to the DRO it will probably be another 12-18 months, and you may end up at the BVA anyway.

Your claim can be remanded for a clerical error. Get the best evidence you can get and get some sort of receipt when you hand it over to the VA. They can still screw it up as in your case with the SMR's. I worked for the Feds like Just. The VA said they could not go ahead with my TDIU claim because they did not have a record of my last day at work. They said they were "sending for it". I had the record of my last day at work. I made a copy of the Form 50 and took it to the VARO by hand. You are right that you cannot trust these dopes. They said the same thing about my SSD records. I took that to them as well. That alone knocked off a year of waiting.

If you really need representation hire a veteran's law attorney. VSO's state or national have no "pull" with the VA in my experience. What has pull is evidence and knowledge. Most of the elders and long time Hadit members know more that most VSO's.

You need DX of PTSD from the VA. However, you can get 100% for anxiety just like for PTSD. If your anxiety is service connected you don't need a DX of PTSD to get compensated at 100% rate. You get higher rates of compensation if you can't work due to the condition. The VA is avoiding a DX of PTSD. They tip toe around it.

I watched something called " Secret America" on Frontline last night. If you think any of these secret organizations are going to get hurt by a lawsuit think again. Nobody knows their budgets or what they do with the money. When someone sues them they just say the information is top secret and that's the end. However, I do like the fact that VVA is suing them. Find a way to see "Secret America" and it will scare you.

It is too soon to file a CUE. It is right to file a NOD because you should have been awarded S. The NOD should be enough without have to go to DRO or BVA. By not granting S the VA made an error. You have to have a final decision before you file a CUE and your decision is not final.

I would ask for the DRO Hearing. If you lose at the DRO you can still appeal to the BVA. I always use up all local appeals before I go to the BVA. To me the BVA is a black hole just like the VARO. Their decisions can be just as bad as the VARO.

I get FERS disability. There is no offset for FERS and VA. There is an offset until age 62 for FERS and SSD. If you get FERS and SSD your FERS is offset by 60% of your SSD. So if you get insurance via OPM your FERS annuity shrinks to a very little sum. Now if you get OWCP 100% for the same condition as your VA then you have to pick one or the other.