john999

Can you still file an NOD on your denial of Chapter 35? How long has it been since your 100% decision? I got tdiu but was denied Chapter 35. I filed an immediate appeal. I got my P&T within a year and it was retro to the date I got tdiu.

If you don't like your c&p exam be ready to get your own medical opinion to rebutt it. I have never had a "friendly" c&p exam.

Call nattional office of DAV and report your problem. You can also just by-pass the dav guy and send your evidence to the va. If you get denied hire a lawyer for your appeals.

that is why I say to wait for your decision since the va may SC you for the neck. If they don't then get the IMO to show secondary condition. Are you working or are you tdiu?

This guy was just incredibly greedy.

Your denied claim has to go through the appeals process. There is really no way you can speed it up. Did you have medical or legal evidence of the rape? Why was your claim denied?

It is good to have a backup supply of your pain meds, but the VA will never agree to that nowdays. Every month I have a day or two where drugs are in transit. This means if I take drugs exactly as prescribed I run out of meds early. I get them by mail.

Interested I don't think your comments are helpful.

It looks to me like a 30%-50% rating for MDD based on what was said in the C&P. 10% is too low and 70% is too high based just on your exam. My opinion.

Yes, Carlie, my father-in-law had severe antisocial-PD due to TBI. It got him thrown in jail where they don't care if you have TBI.

Find a lawyer who does malpractice against the VA.

If I were you I would never mention personality disorder again except to rebutt it. Many vets with all kinds of mental health issues were kicked out as PD's. Even if you have a personality disorder a medical mental health disorder can be superimposed on the PD. TBI can cause personality changes, but not a PD.

I would go to the VA official site and email them. Ask them all your questions. I see no reason why they are delaying your IU. They do often send claims from VARO to VARO to finish them off, but in your case the decision seems obvious. You really should be IU from 2004. Maybe this is what they are trying to determine since you had SSDI form 2004 you had an inferred claim for IU.

I think the average SSD award is about 1000 bucks a month. Who can live on that unless they can exist on air and water. If you get 100% from the VA you can do OK.

You know I went from 0% to 60% for a heart condition on appeal. I just got a few more tests. Are you worried they would reduce your heart rating. They might increase it.

I am sure he would trade the money for a healthy heart and no cancer or PTSD. That is small money for suffering for decades. Of course, we all wish him well and hope he spends wisely. He should go see a financial planner to provide for his wife and any dependents.

I don't see anything in your c&p exams that say your cervical spine condition is related to your lumbar spine condition. I think you will need a medical statement explaining how the cervical spine is secondary to lumbar spine. Wait for your decision because maybe I am wrong and they will rate you for the cervical spine. Do you have anything in your records stating you had an injury to your neck or head in-service? I have a cervical spine issue and shoulder issues. They seem to blend together resulting in pain. I don't know where one begins and the other ends.

You need a medical statement that says your secondary condition is caused by your one of your primary SC conditions.

If you have IU now since 2001 and there was evidence of an unadjudicated IU claim in your file from 1994 I think the BVA would decide if you were entitled to IU retro to 1994. If you have solid evidence you were unemployable in the record along with the 1994 IU claim they should make your IU retro to 1994. If they don't I would hire a lawyer to go after it. That is 6 years of IU retro which is over 150,000.

If I was you I would see a VA psychiatrist and see about getting evidence to file a claim for depression. Anybody with your problems has to be depressed to some extent. For instance, everyone I know with chronic back pain usually is depressed.

I live in Florida and the VA sent my pain meds to Maine. They swore I came in and changed my address. I got upset because I had to make a trip to the VAMC and spend a day arguing with them. I got the drugs but it really bugged me. If I got to the pharmacy it takes two hours to get the pills because they do some sort of special checking for narcotic meds. They are probably trying to figure out how to steal them.

I don't think they are starting your TDIU claim from scratch unless they don't like the C&P exam results, or want more evidence from your former employer. If you could find out if they are waiting for anything you might be able to supply it yourself. Believe it or not the VA held up my claim because they said they did not have a current DD214 for me. I had been SC'ed for 30 years. Then they said they did not have proof of my last day at work. I got that information them, and I supplied a copy of my DD214. This probably knocked off a year from my claim. What is your current rating percentage?

A cue is based on the regulations that were in effect at the time and the evidence that was in the record at the time of the rating. You don't have to show that you still have this condition 40 years later. What you have to show is the VA made an error when they rated you in 1971. If they grant an extra 10% that would be retro to 1971 and forward to the present unless their is evidence you no longer have the ulcer. If you don't file the claim you will never know. I found out that the VA changed the rating criteria for emotional disorders between the time I filed my claim in 1972 and the time is was rated in 1973. The BVA did not even know this until it got remanded back to the BVA from the Court of vet appeals.

TDIU!

The old ratings are full of holes. File a CUE because an extra 10% for 20 years amounts to something if you can get it. It is a learning experience if nothing else.