john999

The failure to base a rating decision on all available evidence is a CUE, but you can still lose your claim for a benefit. I know becasue the BVA admitted the RO made a CUE in my claim back in 1971, but denied my claim for a higher rating based on the exclusion of available evidence favorable to the veteran. Now my denied CUE sits at the Court of Vet Appeals waiting for the VA's response to my lawyer's brief. When the VA makes a CUE by not basing their rating on all available evidence the VA gets to say that the evidence excluded would not have "undebateably" changed the outcome of the rating. The also can say that "reasonable minds" would not have changed the rating even if the VA made an error. This is why you need to hire a lawyer to argue against these excuses and loopholes. They won't turn loose hundreds of thousands of dollars without some rabbit punches to the back of your head.

Yes, you have a claim on appeal for five years and then send in one piece of new evidence and they grant your appeal and base the effective date on the day they got the new evidence. They did this to me. My claim was on appeal since 1997 and I won after going to the BVA and getting a remand and then being denied again. I sent in one more piece of evidence after all that and I won a higher rating with ED as of 2001. The thing was on appeal for five years with trips up the line to the BVA and back. The VA is sneaky.

Your claim for TDIU has been in appeals for 20 years? Well, if it has been open and in appeals you can't file a CUE. When is the last time you sent in evidence of being unemployable? Have you been unemployed for the last 20 years? Do you get SSD? If you get a denial this time or low ball you better hire a good lawyer. The VA won't turn over 600,000 bucks without a fight. I know some Nehmer vets have got huge amounts but that does not include a 20 year old TDIU claim. Where has it been for the last 20 years? Has it just sat at the VARO?

Was your private test done by independent audiologist?

If the people of the USA were not ashamed to just let veterans die in the street no one would get any care. The VA would just turn us all away based on $$$$. According to their logic it is cheaper to just let us all die. It makes perfect sense from their point of view.

According to what I have read in VBM when the doctor said you were unemployable that was an informal claim for TDIU. If a VA social workers says you have serious barrier to employment that is an informal claim for TDIU. This according to VBM. Like Phil says the VA will fight it so get a lawyer since you will end up in court probably in 3-5 years.

11C Don't do anything. Just wait until you get a rating? Don't mess with the asthma rating. We really don't know what is going to happen with your PTSD claim yet. Just sit tight.

When you filed your first claim back in 1995 were all the records and evidence available to the raters at that time. I see that your claim sat in limbo for seven years? It seems to me that the VA should have inferred TDIU based on what your VA doctor said. I have a CUE going back to 1971. In my case the VA excluded evidence that did not fit the rating they gave me. My private doctor said I was 100% and the VA gave me 10% based on notes from a VA doctor and military hospital notes. They just excluded my doctor's DX and all of his supporting statements. So my laywer and I believe we have a CUE, but the VA is fighting it. I think the VA will say regarding your TDIU that since you did not file the form and they did not know you were on SSD solely for the PTSD that there is no CUE. Get a lawyer on the case. I have a claim where the VA broke all the rules and denied me due process, and yet the BVA upheld the decision to grant me just 10% in 1971. This is what you are up against. The BVA says that even though they admit the RO excluded evidence that it would not have mattered anyway. There is a giant difference between 10% and 100% but the BVA says I am just complaining about an unfair decision and no CUE. This is why I hired a lawyer and so should you on a possible CUE with big retro. They don't want to pay and they will wriggle and delay and deny until you pass away.

If the court has to assign you a guardian you are in trouble. There are professional guardians who do it for a living. These people are in for the money and don't give a damn about the people whose lives they rule. The professional guardians stick you in a nursing home and try to get your relatives to let them dispose of your assets.

That low testosterone thing is the newest fad at the VA. They wanted to test me for that and for low vitamin D. They always have some gimmick to account for all problems. If you have DMII or take meds for depression ED is very common.

When did you file for TDIU? You have not been able to work since 1991? That is 20 years of lost retro. Why did you wait so long for TDIU? Was it because you just did not know you were eligible?

The United States does just not rate veterans as high on priority list of "things to do". Look how they drag their feet on "Care givers" program just for the most severely disabled vet's spouses. I guess Vietnam Era vets just got by on their own for 4 decades. When you see that vets can't even agree on who their friends are in congress you know they will always be dead last. Nobody has a better claim on the nation's resources than disabled vets, but every Tom, Dick or Harry can get more because they are organized. The NRA has congress jumping through hoops for them and their are 25 million vets who have to beg for help.

It means unless you have some strong evidence of your own you probably are not going to get SC'ed for ED. "less likely than not" is not good. This doctor is obviously not sympathetic to vets with drug side effects.

Yes, they are late on my pain pills again. They are sorry. I hate depending on them for anything. I hate going out there to my VAMC.

I never got an exam but I got SSD in about 3-4 months. I was pretty shocked since I was turned down for TDIU. I had two letters from shrinks that had all bells and whistles. The thing about being disabled from all work for at least one year is a key statement that must be in your reports.

TDIU should have been inferred if they knew you were not working. I got 70%,60% and five 10% ratings and I am at 90 odd percent. If they did not calculated the bilateral factor it might be difference between 93% and 100%. I think you should check that out very carefully. That would be a CUE I think.

That would be evidence. If there is no record at all of anything happening until the vet is out of service for a few years it does get harder to prove. The VA wants documentation of some sort to at least show benefit of doubt if you have the MST/PTSD DX. Letters to your mother and the senator would be evidence as well. If it got to the point where VA is just saying no nexus to service I would drag out every scrap of evidence and go hire a lawyer. We just don't know what is going to happen so far. I just don't like the fact you don't have a C&P exam. It seems odd to me.

Josephine My experience with Ativan and all other of these anti-anxiety drugs is that the VA is so afraid a vet will over dose and they will get blamed. It is not out of concern for us vets, but for their CYA. They assume every vet is going to abuse the drugs or sell them. I take some pain meds and the pain clinic people would just throw a fit when it showed I got clonazepam from VA also. They told me a few months ago that they made a mistake when they started prescribing me narcotic pain killers 6 years ago. I guess that would be malpractice.

Your TDIU should be a slam/dunk if SSD approved you for SC conditions only. I would find out if VA has those records. How do you know your TDIU is going to be disapproved?

The thing is that the C&P may be favorable to you. You get it done by QTC it may not be so good. You have a good appeal I think if it goes wrong. It does raise ethical concerns, but I had a neurological exam done by the daughter of my private shrink. She works for the VA. It was a favorable exam. You probably could have the exam thrown out, but that means more time to wait while the VA fools around.

Can you prove that? I believe you. Is anything written down?

If the exam was done by a doctor who works there I think it is a concern.

Did you tell anyone else about the MST? Their statements could be evidence especially if they say you told them shortly after the attacks. Any one in your command who knew what happened could make statements for you. Perhaps, as you say your congressman's evidence is being used. If you told your congressman about the MST that is evidence if he/she did an investigation of some sort. I am no expert on MST. I know that the VA runs on evidence. What constitutes evidence in MST cases others here know better than I. I was just wanting to make sure that you get your exam and that the VA does make a decision on the MST/PTSD and that this claimed condition does not get lost.

Well, maybe things are going to just proceed and you will get your rating. I don't know exactly what else you can do now. Maybe just wait and see. The VA might send you for a C&P exam. How strong was your MST evidence? What could your congressman add that you have not already given to the VA? I am just guessing now because I don't know what they are doing. If for nothing else the VA uses the C&P exam to determine the degree of disability. The rater uses the C&P and the other evidence to rate you according to criteria from VA rules and regulations. The C&P is one of the main ways the VA gathers evidence of your mental condition and your ability to handle your finances. Others may have different ideas but as far as I know when your claim goes to rating board it is ready to rate, or should be ready. I don't think I would submit any new evidence or ask congressman for help now. Just wait and see what happens so you don't slow down the decision. Maybe this has to do with new regs for rating PTSD.

The VA has a campaign against the xanax and valium type drugs. They are afraid of vets selling these drugs and OD's. I get clonazepam. It helps me sleep. My VA shrink prescribed it and the pain clinic says it is bad. If you take any of these drugs as prescribed you can't just stop suddenly. The withdrawl from them is worse than for oxycodone. If you take no more than your prescribed amount it is not too bad. If you take more and get addicted then you will need help getting off the stuff. The VA told me they could not prescribe cymbalta (too expensive) and at the same time they said this would cure my pain disorder. Great.....I don't believe it, of course. I don't believe anything any doctor tells me besides setting bones maybe.