john999

Every claim you file after initial claim is considered claim for increase. It does boil down to evidence. Good evidence you eventually win your claim. If you don't have the three parts of your claim together then expect to have to appeal. I mean records of service connected event. Nexus to tie the injury/illness/ event to service and current history of illness/injury. If you have that sort of evidence you will win. This is how I look at it, but it can easily become more complicated if VA disputes any of your evidence.

Your SSDI should start 6 months from the last day you were able to work. If you file in January you must deduct 6 months of pay from last date you worked until you are eligible to get benefits. It is then two years wait for Medicare after you get approved. Take the Medicare A&B. I got SSDI within three months and I was pretty shocked. I had three good IME/IMO's that fit the SSDI requirements to a Tee. It is usual to be turned down the first time you apply. Mental health issues are the easiest claims to win IMO with SSDI. If it is physical they always find some job you could do unless you are on ventilator. SSDI is a big game in which lawyers and SSDI judges are big winners. The only losers are poor disabled sods who must wait years sometimes living on air and county food. What is not so funny is the number of poor who get SSI for themselves and entire families. SSI is welfare while SSDI is insurance for those who have worked but are disabled. In 2002 I got $1250 a month and I was earning about $50,000 a year at USPS. Now that is major pay cut since my OPM was reduced by 60%. The amount I got would not have supported me without VA and private disability insurance I got. I had four sources of money when USPS fired me and had five sources eventually. They threw Bro' Rabbit into the briar patch. John

I think you should throw it all at them the first time. If you fail you get more IME's. Yes, new evidence helps with NOD. I used VA's voc. rehab, worker's compensation doctor, a couple of private doctors who I knew could write good reports. I still did not win total victory the first time. I had to go back twice more with new evidence to get P&T and EED. Hey, your motto from John Wayne is about the same as Wild Bill's. If you use the VA then you will be insulted sooner or later. When you get IME you point out to doctor exactly the problems you have with VA's exam and rating. You can keep up fantasy of the opinion being totally unbiased, but you don't want an unbiased opinion. You want one that helps you since you are paying for it. It must appear to be unbiased. We all know VA exams are biased in direction of default option to be denial or low ball rating. The evidence you hold back may be the evidence that would have put you over. Berta says the enemy is not the VA but time. When you have to appeal a rating you must wait 18 months to two years. I have had to appeal every single rating I ever got until I got P&T. It was easier after that since I had little to gain. John

50 minutes sounds good to me since you are already SC'ed 40% it sounds like she was going down the PTSD list. Did she ask you leading questions off the PTSD list? Did she ask you about your stressor? Is your stressor conceded by the VA for PTSD? If so then it is just a matter of degree of impairment. Are you working? This is really the main question they want to answer. If you are not able to work due to PTSD? Your exam was for mental health right? Usually, the longer the exam takes the better in my experience. A short exam for me means the doctor has already made up his/her mind. I had many exams for increase and I could just tell if I was going to get it or not. These quacks would usually just rubber stamp the other doctor because they did not know me from Adam. Their thinking was the safest thing to do was to just continue the rating. I don't really understand the C&P system because these guys don't know you and I cannot believe they can determine true level of impairment in 15 minutes or 50 minutes. They ruin a person's life based on 15 minute interview.

I have had MDD, Bipolar, schizophrenia, anxiety disorder, panic disorder and a few more over the years. When I got P&T some years ago the doctor included PTSD, but now the VA never mentions this DX. I tend to agree with Tbird that regardless of your DX if it is service connected they rate the same based on degree of impairment. Maybe the VA doctors think MDD is not as ominous as PTSD, but I don't think that is true. For years I had the most ominous DX of all, schizophrenia, and I only got 10%. I got 30% when the VA changed it to bipolar 11 at an exam. Then when I got 70% they switched back to schizophrenia. This was 15 years ago and the rules for PTSD DX were still that you had to be a combat vet mostly with CIB or PH. You had to prove the stressor and describe it in detail. VA does work on Peter Principle. If they can screw it up they probably will. I knew that was Bronco posting when I saw those words. I have ratings where I got all I asked for and they screwed it up to where I could not figure out how they got there.

How long did your exam last? The C&P doctors I have had tend to be shitheels by and large. I don't like them. They have shown me total lack of respect over the years. I don't want any more mental health C&P exams because you never know what might be the result. What they want to see is humble, pathetic veteran who is basket case. What the heck can some whore doctor tell about a vet in 20 minutes? I have had them change my DX about 10 times over the years. One time I was schizophrenic and the next bipolar. One just wrote a report where they threw every DX in the book at the wall to see what would stick. I have zero respect for these people. John

I just don't see how the VA can lump organic brain injury or disease together with PTSD. Do you have private IME? If you actually read and comprehend what 100% rating for mental health includes it is just about impossible for anyone that is not in an institution to really meet that criteria. I think they should just say total disability due to mental/emotional impairment if a vet can't work. To be scheduler 100% for mental condition according to the VA you are insane and out of your mind. This is just not the case for most 100% vets. I am not saying they do not deserve the 100% rating but that the VA's idea of 100% is really completely basket case crazy.

A BVA judge can smile and smile and still be a villain! What the judge says to you may have little impact on final decision. They don't want vets going off on them, so they just send you on your way and then stab you in the back sometimes. I remember my Court of Vet Appeals was done by a panel. Got screwed anyway. If you have the evidence you will prevail eventually.

Mark I forgot about the VA mixing up your records with other vets. They have done this to me about a dozen times over the years. The most serious was when doctor at VA did not want to do procedure on me due to my having had a "Stroke" recently. I never had a stroke. It was some other vet whose records got mixed up with mine. Also VA used a dentist's IMO to deny my mental health claim. They got my IME's mixed up and applied them to wrong claims. I agree with what you have said 200%. It is probably worse than what both of us think. I say they are criminals.

After BVA you can go to Court of Vet Appeals and even to federal court for them to review the decision. From VARO to Feds took me almost 8 years if I remember but that included many remands. I was doing a CUE and I lost in the end. I had a lawyer and I still can't believe I lost. I had the evidence, but failed to file an appeal in 1973. The Courts burned me for that rash act of a 23 year old.

I say every time a Vietnam vet dies a little silver bell rings at VA HQ. They pop the corks on sparkling wine and drink to spending a few dollars less on us. It is OK to be angry with the VA. This is fuel to help you win 100%. Just do not give them any ammunition to screw you. They already have plenty of incentive to screw you to the wall if possible. You must play there game and use rules to win your claim. What happened to you on base? You were attacked? Others here over the years also had that problem. Were you robbed as well? When were you in service? I remember guys fighting but not the kind of attacks and rapes etc. I hear about now. I certainly believe every word you say. What fort were you at? I was at the worst being Benning, Polk, Riley, Lenardwood and Stewart (HAAF). I wanted to go back to Vietnam, but by then I was way to &^%%$ up to go anywhere. I should have been medically discharged, but that would have cost the Army money so they just kicked me out after 28 months and a nice tour of Vietnam. However, I prevailed in the end and so can you.

Bad advice on the cannabis recommendation. That is a good way to get any pain meds halted and any other psychoactive drugs. You will be listed as drug abuser. Feds don't go by state law. Pot of any sort is still narcotic according to DEA. You want to get in trouble with them. Your VA doctor does not want trouble with DEA and would gladly turn you in as possessing and possibly sale of narcotics no doubt. If you ever get caught with illegal (cannabis is illegal for feds) drugs in your system by VA they will label you a drug abuser and it will haunt you forever! I used only prescribed opiates and VA tried to bill my insurance for treatment for drug abuse. Christ You area taking anti-psychotic meds. Your doctor must think you have psychotic symptoms. If I took all drugs the VA wanted me to take I, too, would be a zombie. The first two drugs are anti-psychotic drugs and the last is for depression. Next they will load you up with Lyrica, Neurontin and a boatload of other things to sedate you. What exactly are you being treated for by VA quack?

If is stupid from out point of view, and crafty from VA's point of view. My first claim was lowballed because the VA did not include my IME in their rating decision. I thought they did so I did not even file NOD. Years later a lawyer looked at the decision and said "The VA did not even look at your IME. That is CUE". I lost after 8 year battle because I did not file NOD even though they sent my decision to wrong address and it was "Returned to sender address unknown". I don't believe you need "new and material" evidence to file NOD. Is this something new? I must be out of the loop. In reality you do need to either get new evidence or create it via IME/IMO to win a claim like that usually. Berta sent VA ashes of her husband once as an exhibit and as new evidence. Berta is hell cat when VA messes her about as English say. If VA does require "new and material evidence" to file a NOD then this is a Brave New World we have entered. I thought purpose of an appeal is to get a decision reviewed with or without new evidence. I would always suggest new evidence you create like IME/IMO. IME/IMO's were all that allowed me to win my TDIU and P&T. Often you need a doctor to rephrase your argument with medical jargon and then you win. I sure would file NOD on that head injury and beating. After the NOD I might consider hiring a lawyer.

Get am IME/IMO before you get to the meat of your appeal is my advice. Don't depend on VA doctors for your claim. That system can keep you tied up until they throw dirt on you.

Dave It is easier to get off heroin than clonazepam. If you were taking Morphine pills every day and you suddenly stopped you would withdraw in less than a week. It would not take 2.5 months. All these drugs do suppress your breathing. I am not preaching because I take clonazepam for anxiety. The main side effects of opiates and benzo's like valium etc. for those with OSA is death. When you stop breathing you never start again. EED stands for Earlier Effective Date. I think your claim makes more sense as memory loss due to OSA because if your oxygen levels fall too low at night brain cells die. I don't understand the VA logic. You may have to create your own evidence with independent medical exams or just getting a private pulmonologist and neurologist to look at these issues. How does restless leg create memory loss. I know you took the clonazepam for it but it does not make sense to me. I am not a doctor so what I say means nothing to the VA. I might be completely wrong. How is the OSA now? Mine is better but by no means cured. What are your oxygen saturation levels at night? This is the really big deal. Feeling crummy is one thing and being dead is another. I had Inspire Device implanted in my chest and throat. I could not stand CPAP. Are you OK with it? I tell my wife I will see you in the morning if it is the will of God. I am afraid it could kill me. I have chronic pain and anxiety. I live with pain or die with dope and OSA.

You will lose EED if you file a new claim. Are you just depending on the opinions of VA doctors? I have OSA and it effects my memory for first five hours of the day for sure. How much grief do they give you about the Clonazepam and your OSA? Do you have centralized sleep apnea, obstructive or both? For any of these things if you are depending on VA opinions you will probably lose. You need your own doctor that you pay to try and connect the conditions as secondary. I had "Profound sleep Apnea" according to my private pulmonologist. He said I was going to die. I had an operation which helped and I get oxygen at night. Are you sure you are getting best treatment possible at the VA? You have Tricare and Medicare, correct? How much Clonazepam are you taking? I take it and opiates for pain. I get a world of brown stuff thrown at me from VA about this.

I was 70% TDIU in 2002. I was denied Chapter 35. I appealed that and got P&T within one year. I appealed the date I became eligible for TDIU and P&T and got EED. When my labs indicated I had DMII I claimed it. Got lousy 10% at first. I found I had PN in all four limbs. I claimed that. In around 2007 I was dx'ed with CAD. I knew that it was likely secondary to DMII. I got 60% for CAD after fighting with VA. When I heard about Bradley vs Peake I claimed statutory "S" housebound. I got that via CUE and a couple of years retro. Most recently my DMII got worse now I have 20% and I don't want it to get worse. There is a good reason sometimes to claim all your possibly dangerous SC conditions. I started with 10% back in 1972.

Now you want to stay in treatment at the VA. If you are not P&T you want to get it. If you have scheduler 100% the VA should consider you for Housebound. Take advantage of all state benefits of 100%. Consider conditions that may be secondary to your SC conditions. It is almost always worth it to get secondary conditions SC'ed. One of those conditions might kill you and then your death is service connected. If you have spouse this is a big deal. No matter how badly they treat you stay in treatment for SC conditions. I went from 10% in 1973 to TDIU p&t with two SMC's including housebound. Time moves along and I added 7 SC conditions along the way due to agent orange. I did not know squat about AO in 1980 or 1990 because I had no symptoms of AO disease. Then the VA included DMII and 7 more SC disabilities mostly secondary and maybe more to come if I get paid for it. I don't care about 10% for hearing, but do care about 50% for OSA perhaps.

I really agree with last two posters. When VA C&P doctor misrepresents facts nothing happens to him/her. If you are actually caught using legal definition of fraud to get benefits then they could possible prosecute you. Probably all they do is reject your claims and call you bad names. I have never worried for one second about "Me" using fraud. I worry a lot about VA using fraud to misinterpret medical evidence, but not the kind of fraud where some VA employee goes to jail unless the employee is resurrecting dead vets to get their money. If they just ruin the life of a vet and his/her family no big deal. I had C&P exam doctor say that he suspected me of fraud because I had a degree in psychology. The exam was thrown out, of course, but the buddy of this doctor did the next exam and they got even with me in round 2. I won the battle. I got board certified doctors to do my IME's. I had my claim for neuropathy as secondary to DMII denied when VA used opinion of PCP over board certified VA neurologist. I had to go outside the VA, as usual, to win. .This costs money and time and you may die while waiting which for VA is consummation devoutly to be wished as Bard says. Why do I not trust the VA C&P system? Let me count the ways.

In my opinion he needs IMO/IME on all issues that will connect and properly comment on severity of his various disabilities. The initial denial is round one of 12 round fight. Does he have Independent medical opinions for these things or just depending on what the VA says? They tend to lie , misrepresent the actual facts, laws and regulations, and focus on "How can we deny this claim until the veteran dies or gives up" . Some people here don't believe that, but after 45 years dealing with my own VA claims I believe it 100%. I cannot even understand logic of VA when I win a claim often times. When I won TDIU my psychologist and psychiatrist could not understand why I did not get 100% instead of TDIU P&T. The actual facts support 100% and housebound from at least 2001 and 100% from 1972, but that is a horse of a different color. To really get all benefits available from VA it will cost some money to get medical opinions and other evidence and help with arguments often times. This is what disabled vets don't usually have much of in pocket. When I got P&T I had 4-5 IME's some of which I had to pay for and some I got gratis since I was patient of docs.

I am thinking that TBI is actual injury to the brain. PTSD is an emotional reaction to traumatic stress. These are two very different things. I would hope you could get them rated separately. For example, a vet has brain cancer and it started in service. He also has PTSD from combat. One of these things is 100% physical and one is not physical as in the brain is not damaged as far as anyone besides the VA knows. I think you should be able with competent medical to get possible 100% for both depending on severity of symptoms. If your skull was caved in my blast this is not PTSD. I think you want to keep these things separate as far as rating. The VA should not throw it all into one bag and come up with one rating. This seems obvious to my nonprofessional medical opinion which is not worth anything to the VA. Any decent neurologist and/or psychiatrist would probably agree outside the VA compensation system. There was a PTSD vet here years ago who actually lost part of his skull from a blast. He got six figure retro for this along with 100% rating and 100% for PTSD and agent orange cancer. I don't know if he is still around ,but Berta might remember. She is a claims genius IMO. I would take her word to the bank.

I am not advocating lying! Get that through your skull. If perhaps you had been molested as a child the VA would probably have crucified you if you told them. I am not telling people to lie!!! There are things you just do not tell the VA. Do you not get that? You don't talk about before service or after service as far as any injury or illness until you have that TDIU or 100% in the bag. I fought for my compensation P&T for 30 years. They used the fact I was abused and neglected as a kid and got into scrapes in high school against me because I was dumb enough to spill my guts. VA C&P doctors put words in my mouth and screwed me to the wall. Do you know what mind rape is well the VA is good at it. You say other vets get benefits at the expense of others. What do you know about these people? You know they are lying?

It makes me sick as well. My wife before I knew her was attacked, but by circumstance was saved. Attacker paid a steep price when some people got to him with baseball bats. 99% of vets who claim stuff have legitimate issues. VA believes most of us are fakes and frauds. I am not making this up! I never had an exit physical. I got no copy of my military files. I got boot up my azz. Big imprint by Uncle Sam on my AZZ. I had symptoms of PTSD while I was in the Army. No such DX in those days, just assumption that you were a personality disorder which is long for psychopath/anti-social personality. By the time I had first experience with VA I was feeling very anti-social. I already knew how to hate but the VA refined it. I feel horrible that you were raped while you were serving country. If I could line all those perverted and sick bastards up against the wall I would shoot every one of them. I would not let a kid of mine join military for all the tea in China. My brother-in-law was KIA in Nam. My wife still cries over it sometimes. I believe in vets first. I have heard absurd stories from some guys claiming to have done 3 tours in Nam, 5 PH's , Silver Star, Special Forces etc. I usually believe them until proven wrong because I would trust a person before an institution. At the same time I know people can be evil, lying, scum, but most are not......I hope.