Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

john999

HadIt.com Elder
  • Posts

    14,894
  • Joined

  • Last visited

  • Days Won

    125

Everything posted by john999

  1. Anything is possible but if your IMO doctor writes a good DBQ format style report I think that is a good idea if you want an increase. When VA C&P doctors do those they usually minimize your disability. What is your back rated now and what are you going for? A lot of back ratings depends on ROM and the number of days a month you are confined to bed. This is really old time thinking but this is the VA. What is your overall objective since you are 190% now? Are you trying for a higher rating of SMC?
  2. A good IMO is about the only way the VA will overrule their own doctor's exam. Nothing you say or do will be considered as enough to overrule their doctor's opinion. I don't know if you should wait to submit your IMO because how long is it going to take the VA to come down with a approval or denial? Anyone's guess. I always sent in every shred of evidence I had and if it got denied I went back for more and had my IMO doctor tailor it exactly to the denial to refute it.
  3. Buck Forgive your self? It sounds like that therapist is working off some PTSD script as in all Vietnam or other combat vets feel quilt and need to be forgiven.....what a crock! I really don't believe a thing the VA tells me and just go through the motions with them to protect my rating until I have true P&T with 20 years at current rating.
  4. If the VA is saying you have active psychosis and you have your nexus that should be 100% for you. If you actually have an active psychosis what kind of treatment is VA providing? You probably ought to be getting in-patient care until psychosis is under control.
  5. If your c&p states "total social and employment impairment" and you have the nexus then I think your chances of getting 100% or TDIU are very good. Total social and employment impairment is the definition of 100% disability. Bronco is probably referring to all the VA tricks and evasions they may deploy to deny or delay your getting 100%.
  6. Buck Get a different doctor if you can. Of course you judge others. Everyone does. You went through the meat grinder. Where was he at the time? How can they judge you when they never heard a shot in anger or been scared shitless in a combat situation. The VA still wishes to sweep the PTSD generations under the rug and "move on" to the next batch of vets.
  7. The best way to deal with this is to get your own psychiatrist to reinterpret what the counselor said and show that it is wrong and an incorrect spin on any medical facts you revealed. When VA counselors and shrinks start trying to say your problems proceeded your military service that always smacks to me of them getting the word to quell PTSD claims or mental health claims. I would never go back to that counselor so he/she can't do any more damage. Go to a VA psychiatrist.
  8. I applied for HISA grant to fix my bathroom so I did not fall. It was denied say that since I was not amputee and still had use of my legs I was not entitled. The VA would rather wait until I fall and break a hip than to help me avoid that outcome.
  9. Seminoles Way back in about 2007 me and my lawyer had a DRO Hearing about my CUE. The DRO agreed with us. He was very quickly overruled by his bosses and it was game on from then until we finally got denied at Court of Vet Appeals on legal technicality. What is "right" or "wrong" has little to do with VA claims. If your CUE or any sort of claim affects a large class of vets it is "game on" for the VA to deny your claim.
  10. I remember a VA psychiatrist telling me many years ago that I would never get more than 30% as if he knew anything. Now I am P&T with SMC "S". I had a CUE claim that was worked on by a lawyer for at least 6 years with multiple trips to the BVA and Court of Vet Appeals and even an attempt to get into federal court. I should have won. It was not my lawyer's fault. It was bad intentions by the VA and their finding a loophole to escape having to pay me for 30 years of a low ball rating.
  11. When I first appeared at the VA's door in 1972 the VA shrink that interviewed me minimized all my issues and symptoms. I went to see them because I was having mental health symptoms that were frightening to me. To hear some stumble bum VA hack make light of them really turned me off and I did not go back for about 20 years, but got help from private sector doctor. You know there is a strong political overtone to VA medical diagnosis and treatment. Back in 1972 the VA did not want to pay compensation to Vietnam vets with what they called "nervous conditions".
  12. Perhaps the Vet Center "doctor" has gotten the word that they don't want any more substantiated PTSD claims that are aided by VA therapist. Is your VA Vet Center counselor a psychiatrist. Clinical psychologist and psychiatrists opinions over top all the other social workers and counselors. Did this vet center doc make a DX based on something you did not say or reveal?
  13. Buck52 Drink about five cups of coffee and stay off you anxiety meds for a few days before you next see your L.C. S. W. Start talking about Vietnam and let your mind fall back to the worst firefight you experienced. That should convince him you are not better.
  14. Never let the VA operate on you or you really will have neck problems. One time the VA used a letter from my dentist to deny a mental health claim and a letter from my shrink to deny a dental (TMJ) claim. If you assume they have brain 1 you will get your feelings hurt. Just bury them in medical opinions of your own and facts.
  15. You know my Vet Center wrote a letter for me back in 2002 saying I had severe and chronic PTSD. The VA completely ignored all my doctors and came up with a DX of chronic schizophrenia. I don't have schizophrenia, nor ever had it. So even when your Vet Center says something the VA is likely to ignore it. The VA says now that I have MDD and Anxiety unspecified type. Just get the rating and the money.
  16. I got my SMC "S" based on a CUE the VA called on themselves after I pointed out "Bradley v Peake " to them and that I was P&T since 2001 and got an extra 60% in 2008 and never got inferred "S". If I had not filed for "S" I would still be waiting. If you want something from the VA you must claim it or ask for it. I have been to federal court with the VA and they dig in their heels and spend a million dollars to save a thousand. I had a CUE from 1973. All the VA jerks and judges said they were sympathetic but the "law was the law" and socked it to me with denial after denial all the way to court house. Anything you get from these bastards is fair winnings. Never feel quilty or that you don't deserve it. You deserve twice as much! John
  17. I received Statutory HB based on a single 70% IU issue and then additional and separate ratings of over 80% that came later. With the VA anything is possible just depending on how hard you want to work for it. Since get TDIU P&T I have filed 8 claims. No negative consequences. I have 70% IU and 60% CAD, 20% DMII and four 10% claims for PN in all four limbs. If you have a legitimate claim the file it if it will help the bottom line.
  18. Broncovet You know I won SMC S based on the Bradley decision and I did not even know all the facts you point out in your post. I had a single disability of 70% for which I got TDIU and then I got over 60% for 6 other disabilities. Must you have a single disability of at least 60% above and beyond your TDIU to get "S"? I had a single disability of 60% but five more of 10% each. My claim to "S" was treated as a CUE by the VA.
  19. I was told by my pain management doctor and shrink at the VA that in Florida if I was impaired due to use of VA meds and got pulled over I would be in trouble. One thing about some of my pain meds is they affect my coordination even when I take them as directed. If I had to get out of my car and walk I would be in handcuffs. I am not impaired mentally but I tend to stumble when under the influence of meds for chronic pain. Needless to say I obey every traffic law and don't drive late at night when the bars close. I don't drink alcohol either because I know if I get pulled over I am a dead duck. Pain meds, muscle relaxants and anti-anxiety drugs all combine to screw up your ability to walk and keep your balance at least for me they do. I wonder what antidepressants do to a person's coordination because I take a lot? I am surprised that any vet who is DUI from drugs or alcohol and has a wreck even if it due to PTSD would get a break from the law or the VA. I was told by a lawyer not to submit to tests for DUI. Make them get a warrant to take your blood or urine. That gives you more time to get straight. You do lose your license for a year but may avoid a DUI conviction. My old pain management doctor told me the same thing.
  20. Seej I would claim SMC-S and quote Bradley v Peake as your reasoning. I did this some years ago. I had 70% TDIU and then got 60% for a separate condition. The VA did not just grant me "S". I had to claim it. Same for "K" you must claim it. John
  21. There are two ways to get HB. If you have a total disability plus at least 60% for an extra and different disability you can get statutory HB. The other way is to actually be unable to leave your home. A DX of Panic disorder w/Agoraphobia would meet that criteria IMO. In my own case I had TDIU P&T effective 8/2001 and about 8 years later I got an extra 60% for an AO condition. I filed a claim for HB and the VA called a CUE on themselves and granted HB. If you have scheduler 100% the VA is supposed to consider you for HB. The VA's new trick is to say they considered you for the benefit and then denied it. I would file a claim for HB due to the fact I am substantially confined to my home because of the Agoraphobia.
  22. If you could establish that your husband was suicidal that might be a defense against DUI. Nobody knows how many PTSD vets use their cars and bikes to kill themselves. Suicide due to mental illness can be service connected.
  23. I would get an IMO/IME unless your VA doctor supports your quest for an increase 100%. You need a medical report saying that your SC condition has gotten worse and by how much. The report needs to be definitive with no qualifications or speculation.
  24. There was a case in WW11 where one of the directors of the Why We Fight series was just standing next to a 155 howitzer when it was fired and he lost his hearing completely. He got back about 20% of his hearing after the war. I remember being about 100 yards from where Arty guys were firing 105's and 155's and it sounded like they were 20 feet away. It was just loud!
×
×
  • Create New...

Important Information

Guidelines and Terms of Use