john999

What is your current level of education? If you really want a career in computer technology you usually need a degree in computer science. Are you good at math and I don't mean arithmetic.

I hope you are not paying upfront for your lawyer. They are supposed to get 20% of any retro payments you get. I have had the same lawyer for 8 years and have not paid a dime yet. Of course, he has not won yet. Your lawyer may feel that the DRO process is a waste of time because he will be talking to someone who is just a claims adjuster and not a BVA judge. I think most BVA judges are lawyers who work as administrative law judges. I could be wrong about that, but they usually have some legal knowledge. When I had my BVA hearing the judge seemed sort of shocked that I had a lawyer. This was about 4-5 years ago. Things are changing slowly. John

Depends on the disability you are claiming as to your TDIU. If it is for a mental disorder they would have you seen by a shrink. For your problem this doctor might be OK, but why not a orthopedist I wonder? I think the reason probably is that to get an orthopedist to do it would cost more for the exam. I think if this doctor sees that you can't do any gainful employment above poverty line it will be fine. If your back is a SC condition and you are on SSDI for it then I think you should get TDIU. What is your rating for the back? I think you meet the actual requirement for TDIU. John

Do you have an IME doctor or your own private doctor who will write a report for you. If you are depending only on VA for evidence you are going to have a hard time. You need to collect your own medical evidence via a private doctor's complete exam including testing beyond an x-ray. If you don't have insurance get your PCP to send you for new testing after you get results of this exam and/or rating. This is how we play the game. The VA does half-ass exam and you go out and get good exam to combat exact reasons they either denied or low balled you. However, as Navy04 says it may turn out to be a good exam. The VARO is the one who rates you and not the doctor. Being on friendly terms with your PCP can really help. I won claims based on testing my PCP sent me for after I had a cardiac exam from a NP that was just guess work with no testing at all. I asked my PCP to send me for some real tests and she did it and I won my appeal. My exam was so incomplete a ward clerk could have done it. John

I was reviewing VBM one day a few years ago in regards to agent orange and DMII. I looked at the DMII secondary conditions. What I learned there led me to file a claim for coronary artery disease secondary to DMII. I eventually got 60% and housebound SMC. I just would not have known that I could file for this. VBM also stated you really needed a medical opinion behind claims for secondary conditions most of the time. It took a few years but I got $8000 plus in retro for HB and it opened my eyes about secondary conditions and how to craft a claim for them for any secondary condition. For instance, vets who have serious physical disabilities often experience depression to some degree. You can claim this and that extra 30% may just be what you need to get TDIU or even 100% scheduler. The VA is not going to tell you this. I filed two CUE's based on VBM. I won one so far and the other is at federal court. I also learned that if you write a brief with many citations to case law and regulations the VARO will not know what the hell you are talking about and will probably just deny it due to abysmal ignorance at VARO level which means years of waiting for some BVA judge to read your claim. BVA is also often wrong, so a claim that seems simple can last 10 years and it all starts with reading a few lines in VBM. I read of "inferred TDIU claims" in VBM. These claims will often get denied at VARO but are winnable higher up. What really gripes my ass is that VA does not identify spouses who are eligible for DIC, and inform them of their claims. VA does not identify vets who may have claims. You just have to take a flying leap at it. Classes that would really delve into VA rules and regs would be very popular and many vets would sign up for more advanced training and pay to take them if the cost was reasonable. Why not have internet classes provided by VSO's with no strings like having to become a VSO yourself.? NVLSP course I took was very basic. If a larger more complex course was taught using programed learning techniques you could do it on your own at your own pace and probably know twice as much as your DAV VSO in a couple of months. I remember learning ins and outs of DOS back in old computer days before windows with self paced course from a book. You can learn very complex subjects by programed learning texts which break big, hairy concepts down into small pieces. John John

That is a crazy idea. If they did that to me in the middle of the exam I would start banging my head against the floor or something. Are you asking for an increase? You are 80% so have you applied for TDIU? I do not believe the VA can reduce you based on just one exam. They might try. Usually, the VA has to show a marked improvement considering your entire record. If you were 100% or TDIU for at least 5 years or over age 55 I know you have extra protection against reductions. To be honest I would protest this idea of doing your exam over a camera. Go see your congressman or call the VA IG. Doing a complete mental exam involves noting the person's personal habits, smell, clothing condition. The doctor needs to press the flesh. When is this exam going to happen? John

You need to require assistance of a caregiver to take care of your basic needs. If you need help feeding, clothing, washing etc. yourself then you qualify. If you are housebound then you might qualify but you need to really need help with basic tasks of living. That is the way I read it.

VCAA violations are grounds for appeals. That is about it.

Could you get a job with your current degree? The VA just wants to get you employed above poverty line. If you can't get a job without the Master's degree then they should pay for it. John

He and you should get a doctor to say you are permanently disabled. They don't take the word of a vet. When I got P&T I had an IME that said I was P&T.

Did your father have an autopsy? Would it be morally acceptable to have his body exhumed and examined? This is extreme but may show the actual cause of death. If he did not have an autopsy they are just guessing at cause of death. My mother died due at least 50% from malpractice but she also had illness that would have killed her anyway. We were lucky since the death certificate noted cause of death as infection that started in nursing home and let to amputation that caused her weak heart to fail. John

SSD is a well oiled machine compared to the VA. I got it in about 3-4 months after I applied. I did not even have an exam. The actual folder SSD, your lawyer and the judge work form is organized, and they don't count the number of angels on the head of a pin. Either your totally disabled or not?

I would go easy about discussing rapes that happened before the service if I were you. When you go for a C&P exam the way to go is that you were fine before service and your problems began during service due to some incident, injury or accident. Now you still have the symptoms that started in the military. The C&P exam doctor is liable to twist things around saying you had PTSD/MST before service and this is cause of depression now. I don't think they will do that, but just be careful. For instance, if you were molested as a child the VA does not need to know that. VA tried to say I was personality disorder because I had a few scraps in high school. I was dumb enough to discuss this with C&P doctor. John

0% for depression does not make sense. Are you on any depression meds? Is your depression backed up by SMR's or is it secondary. If you have major depression you should get at least 30% if you have symptoms. Do you see VA shrinks for meds? If not you should. With mental health issues if you are not on meds the VA tends to dismiss your claims of distress.

To get P&T you must be 100% or TDIU. Are you working? If you are not able to work you should also file for SSDI. If you are 100% or TDIU for at least a year then your condition is static which means P&T.

The nexus is the link between your present disability and your service. You must submit your private medical records if they show a nexus, and it is the same with VA medical records, and SMR's. The nexus is probably in your SMR's, but you have to point it out and connect the dots to the present disability. The C&P exam is just the first step. When I got back from Vietnam I was crazy as bat &^^% and the VA using only their records gave me a low ball rating of just 10%. It took many years to beat that low ball rating. I was dumb and trusted the VA to make an actual rating based on my inability to work at the time. John

Justrluk What kind of psych exam is it? Is it for PTSD or some other mental disorder? Is it a secondary condition or primary service connection mental condition? If you are on VA psych meds it will help. Is this your initial psych claim? With PTSD there is the checklist. I would study that list if I were you. John

Don't depend 100% on your VSO. If you have important documents send them to the VARO also to make sure they get there.

Does your current employer have a disability pension? Do they have group policy for disability insurance? If you get SSDI at age 63 you will get a little less than if you reached your full retirement age, but more than if you just retired now or regular SSA. You may become housefrau for a few months, but I did this for a few years.

If he asks you to do something stop as soon as you feel pain and tell him it is too painful to continue.

You know when I got TDIU I was denied P&T. I filed an immediate appeal because they denied me Chapter 35 benefits. I would not wait years to file for P&T if you are never going back to work.

VA is bring up age to invalidate your claim. You need an IME to say your ED is due to VA prescribed meds. Age is a NSC factor. You have to rule it out.

Probably if you don't have the scheduler rating the VA wants to see they will deny it as Carlie says. Then you go out and get the IME you need to bump up your ratings and get in range of TDIU. If you have a SC back condition you should also file a claim for chronic pain disorder or depression. The body and mind are connected. If your back hurts so bad you cannot work I bet you feel pretty depressed, and you can trace it right to your back condition and chronic pain. What should be and what actually works with the VA are two different things.

I did read in the VBM where they used an example of a vet which a skin condition that gave off a bad odor. The VBM said this was a very good case for TDIU since that SC skin condition was a major barrier to employment. Any SC condition that makes you unemployable should be good for TDIU. Now you may have to fight for it via IME/IMO, but you may have to do that even if you are 90% SC. I have found over the years that if you don't ask for it directly from the VA they will not tell you that you are entitled to something. They want you to guess. I was rated 70% and VA went out of their way to tell me I was not entitled to TDIU. Another fight and another IME. I was on SSDI and the VA still found something to deny. John

Using the MMPI and other tests would be too expensive and too objective. The VA just likes to fly cheap and by the seat of their pants. They use a checklist for PTSD. This is a very invalid way to do psychological evaluations because it is obvious. The MMPI has obvious and less obvious measures for things like PTSD. The MMPI would also show other indications of emotional illness which the VA might have to address. Better for them to just use a checklist and look only for what you indicate you think is the problem. About 43 years ago the VA actually gave me some standardized testing including the ink blot test. This was when I just went in for an evaluation and not a C&P exam. For the C&P they just asked me a few questions and gave their impressions.