gsxrmike

I'm not afraid to use the appeals process, that's how I got to the 100% P&T rating. I understand that I can file another supplemental claim with more evidence or just go HLR. I'll most likely get the additional evidence, then file another supplemental claim and see what happens. You may not have seen my post earlier, but I was already at 90% combined, so when my 30% MH rating went to 70% I became 100% P&T.

Also, I was already at 90% combined, so when my 30 went to 70 I became 100% P&T

Mid-2018: Filed ITF Mid-2019: Less than a year after filing ITF I filed my claim. This had increases for several items, some which were granted, some which were denied. Late 2019: My MH condition (Labeled as Adjustment Disorder) DID get worse, but the VA C&P examiner didn’t mark this on his exam, thus screwing me over (he didn’t care about my situation and completed the spot in 10 minutes) My VA MH Doc found out what the C&P examiner noted on the DBQ and didn’t agree; thus he filled out a DBQ saying “Since 2014...” my condition has gotten worse and become MDD (Chronic, not temporary like Adjustment Disorder). Late 2019: I submitted a supplemental claim requesting they assign the proper increased rating for my MH condition per the DBQ from my MH provider. They reviewed this and increased my rating to 70%. It now lists “MDD (previously adjustment disorder)” on my Disabilities list.

Thanks for the support and quick responses. Will keep pressing, have gotten this far and not about to give up now. If I do go BVA appeals route I'll retain a lawyer. As you said, would rather have 80% of something than 100% of nothing. Time to go get my ducks in a row to support my supplemental claim for EED.

Copy, wasn't sure if I should just go HLR or if I could submit another supplemental claim after just "winning" a supplemental claim and asking for an EED and then attach a letter from my Mental Health Doc stating these issues have gone on for years. I'm aware that it's possible to go one year prior to the ITF in this case (if you can prove it). All I want is what I feel is owed to me (backpay to my ITF date). Anything beyond that is gravy.

This was done via new claims process. I was denied on initial claim, then submitted a supplemental claim and was awarded 100% P&T. With that in mind, you still believe going for BVA appeal vice HLR and then BVA?

Did you mean to say go to HLR first, then BVA if not happy with the outcome? Not sure I can appeal to BVA twice. Ok, but I cannot be reduced from 100% P&T, correct? (unless it was fraudulent, which this is not) This increase was originally listed on the claim that dates back to the ITF submitted in mid-2018. I didn't change what I was pursuing when submitting the Supplemental Claim, rather I provided evidence (the DBQ) to prove my claim.

How am I not protected when it's 100% P&T? My rating letter says "This total disability is considered permanent. You are not scheduled for future examinations" and my dependents are eligible for Chapter 35. It even says "You are considered to be totally and permanently disabled due solely to your service-connected disabilities". If I was 100% schedular or TDIU I'd get it, but 100% P&T should be PERMANENT and TOTAL, right? (not trying to sound argumentative, only asking because I'm confused what those words actually mean then...) Understood; however, my DBQ clearly states that these issues have been ongoing for 6 years. No where does it state "recently", it all says "Since 2014....", which is actually the date of when I was initially granted SC and assigned 30%. Isn't that sufficient evidence (along with the long list of evidence in my VA medical record) to prove the EED? I believe my claim is a bit different than yours as well, as my claim is consistently ongoing for an increase, not a break of seven years between claims. I'm continually pursued this claim and proven that my rating is higher than they initially stated. This is why I believe it falls under 38 CFR 3.2500, (h)Effective dates, (1) Continuously pursued claims. I've also read the following in M21-1, Part III, Subpart iv, Chapter 5, Section C - Effective Dates, 6.b. Continuously Pursued Claims: "If an issue is continuously pursued under 38 CFR 3.2500(c) as a higher-level review (HLR), supplemental claim, or appeal to the Board of Veterans’ Appeals (BVA) (or a timely combination of any of those review options, in succession), decision makers must apply the effective date provisions of 38 CFR 3.2500(h)(1), which allows for an effective date based on the date of receipt of the initial claim, or the date entitlement arose, whichever is later." I understand the argument that the DBQ outlined the disability at the time it was submitted; however, since the DBQ clearly stated these issues have been on-going since 2014 I don't see how the evidence is refutable.

Was recently granted 100% P&T after filing a supplemental claim for an increase in my Mental Health rating. I submitted the intent to file in mid-2018 and then filed my claim about 11 months later 2019. The VA scheduled me for a C&P exam with their Psychiatrist, who screwed up the exam and ultimately led to me continuing to be rated at 30%. I then received a DBQ from my Mental Health Doc at the VA and submitted a supplemental claim, which led to an increase to the 70% rating for MDD and brought me to 100% P&T. The issue is they dated the effective date for the 70% rating to the date my VA Mental Health Doc completed the DBQ, which was November 2019 and not back to my intent to file date of mid-2018. I believe that I should be back paid to at least the intent to file date due to 38 CFR 3.2500, (h)Effective dates, (1) Continuously pursued claims. To make matters more interesting, the DBQ from my VA Mental Health Doc says that I’ve been having all of these issues for the past 6 years. With the above said, here’s my questions: 1) Should I appeal the effective date of my claim? If so, via what method? I’ve been told Higher Level Review or to submit a 10-182 (Board Appeal - NOD). 2) If I should appeal via HLR, can I submit an HLR after a positive outcome on the Supplemental Claim? 3) If I appeal the effective date is there any chance they could reverse the decision on my 100% P&T rating or is that now protected for life? I was told that an HLR could result in a reduction or the reviewer seeing something that could require future exams. Is that true? 4) Are there any other issues I should consider before filing an appeal? Any additional documentation I should try and gather from my Mental Health provider? If I do get additional evidence can/should I submit this as another Supplemental Claim or am I forced to going with HLR or Board Appeal?

You're right, I made a mistake writing c1-c7, meant c2-c7. Concur with having EMG testing as I did on my back previously. I'm assuming they'll do this during the C&P again, correct? So IVDS doesn't matter for C or L spine? Are there different ratings for Sciatica which is associated with L spine problems and Arm Radiculopathy which is associated with C spine problems? I haven't been prescribed periods of bedrest. I've went in a couple times when I've had periods of acute pain, but they just end up prescribing me with the standard anti inflammatory, muscle relaxer, and pain killer. My Dr. has suggested that I join the MOVE Program because of Obesity. It's listed as Obesity in my record, not sure if that's something I can link to my SC disabilities. Thanks for your help! Yep, I'm depressed and anxious about my problems. I called my Dr. for a referral to Mental Health, which was approved this morning. Scheduled my appt with the Mental Health dept., which they said is an orientation appt that takes 90 minutes. They said it'll take 47 days until I can be seen. Sucks that it'll take them that long to get me in... Should I wait until I have a few appointments in before I file for chronic pain syndrome / mental disability disorder? Whats the main difference between the two anyways? Thanks for your help!

Hey everyone, I'm new to the forum. Sorry if I'm posting something that's been covered before, I did search in advance and read as much as I could find on these topics. If I missed something, I apologize. BACKGROUND: I was Med Discharged from the USN in 2006 for Degenerative Disc Disease (DDD) at 10%. VA assigned me 10% for DDD, 10% for Sciatica, 0% SC for C-Spine injury. In 2009 was diagnosed by VA for Sleep Apnea and prescribed CPAP. Last year I filed for increased compensation due to DDD getting worse, which was increased to 20%. Sciatica and C-Spine stayed the same. Now 30% total. Been having more pain lately, increased sciatica pain down both legs now, as well as radiculopathy in both arms with C-Spine pain. Went to VA for MRI. Dr. said I should join MOVE program due to Weight gain (I'm 6'7'' at 325 lbs). Dr. ordered MRI. MRI completed last week. Results show lots of bulging/herniation in C1-C7 as well as bone spurs with nerve impingement. Also showed enlarged spleen (finding out what that is caused by as we speak) QUESTIONS: 1) I'm depressed by the weight gain and limitations that stem from the problems with my back and neck. It's caused me to feel self conscious about taking my shirt off, having sex with my wife, being confident, etc. How do I go about seeing a VA Dr. for this and being prescribed treatment and diagnosed with depressive disorder due to my service connected back issues? Is this something that I can associate to my existing problems and have it become service connected as well? 2) Since my C-Spine injury is service connected, will it be rather easy for me to increase that percentage? I'm assuming C-Spine disabilities are rated just like the lumbar spine disabilities that I've been seen for (Range of Motion). 3) Is it possible/likely for me to associate the Sleep Apnea to my back disability? I can only sleep on my back, and the pain meds along with the weight gain have caused me to have the apnea. Just curious if I even have a case to make a Nexus letter. 4) Should I wait until I get all of these things lined up before filing, or should I file for the C-Spine now and file the rest of these later? Thanks for your help!