NavyWife

Wow that is awful. I thought my husbands TBI exam was the worst but yours sounds even worse than his was!

Was this a VA doctor or a outside contractor?

Why do you say there is no way you can appeal or reopen your claim?

To clarify, At this appointment were you there for three separate issues?
1. Increase already Service-connected TBI
2. New claim for Ménière's or dizziness
3. New claim for migraines


You can appeal ANYTHING with the VA! As a wise member on here- john999- posted once, he would appeal it if VA made him King for the day! ha ha

Just remember when you're appealing or asking for a reconsideration with New and Material evidence, the goal is to specifically dispute the reasons they denied you. For example if they deny you because the doctor did not give you a diagnosis, then go to a doctor get a diagnosis and submit that. Or If they deny you because there's no Nexus statement a.k.a. a connection between your military service and your current diagnosis--Then go to your own doctor and get that Nexus statement where the doctor says your current diagnosis was most likely caused by the military.


Getting those DBQ's is a great idea! But if these issues are not service connected yet --you absolutely have to tell the doctor to write the Nexus statement on the DBQ in the Remarks section.

I appreciate you posting this.

I'm sure no VSO is intentionally harming veterans, but by being overloaded or thru ineptitude or whatever, some are ruining lives.

It is important to get accurate ratings on VSOs and offices. It's not a guarantee but a good start.

Congratulations on the win!

Getting the VA to do what is "right" is a major accomplishment!

Since PTSD is a "mental condition", I'd also be concerned about having to deal with the VA's Fiduciary scheme,
and try to avoid it if possible.
The vawatchdog web site has quite a lot of information concerning the subject.
I's also look into TDIU. It may be that you might now be or may become elgidible.
On the surface, as you stated, it looks like the VA has likely under rated (0%) some of the conditions.
Headaches might be secondary to an already rated condition, rather than a primary condition.
The VA often does not properly consider and rate such things.

nette: Time is MONEY! Knowledge is KING/QUEEN!

PR calculated your retro could be $33K min. How bad do you need it and how long are you prepared to wait to get it?

You just might want to avail yourself of about (3) FREE Legal consults with VA Accredited Attorneys. I did (2 online - 1 local) about (3) months before my 6/14 DRO Hearing just to see what the VA Appeal Pros thought. Gave me a stronger sense that I would prevail at my Hearing. (1) said I would win at the DRO and gave me a few pointers, the other (2 online national firms) said I would eventually win but wanted me to cancel the DRO Hearing and proceed with their firms to the BVA. All (3) quoted 20% of Retro for Representation. I also checked out VA Appeals Attorney Chris Attig's Vet's Law Blog. Spent about $40.00 on a couple of his E Books. Followed about (4) of his recommendations and ended up being awarded all major $ issues on my (2) pending NODs. Let's see, (3) 20 min Legal consults and $40.00 in Attig's E-books saved me over $18K of my retro for attorney fees.

As with everything regarding your claims and appeals, it all ends up with you making the decision that your most comfortable with. If your knowledgeable and informed, you should be making the best decision based on the facts not feelings.

Semper Fi

Gastone

My guess is: If you get a diagnosis from VA doc regarding mental condition, you can submit a form 21-4138 to clarify claim.

VSOs like your rep love submitting claim ASAP to 'preserve the date' but it not the best method.

Fully Developed Claims (FDCs- where you present a nice package of evidence including diagnosis) are preferable to possibly lessen the claim processing time.

But if you gave him Power of Attorney, he should be handling all this.

It would be good to clarify who is driving your claim.

Very sorry to hear about this.

I completely agree that you should at least talk to two or three ADA lawyers and see if you have a case or not. I would talk to more than one lawyer, Because one might say no you don't have a case but then another one would say that you do. If you were to win a settlement, then that would provide some financial resources for you and your family.

You need to start keeping excellent records. You need to write down every single thing that you can remember about why they said they were letting you go. Also keep any paperwork that they gave you.

These links talks a bit about PTSD and ADA
http://www.hrhero.com/hl/articles/2008/08/01/eeoc-opinion-letter-addresses-ada-and-ptsd/

http://www.ada.gov/servicemembers_adainfo.html



Regarding the healthcare --do a Google search for "California healthcare for low income". There are some programs that you might qualify for like Covered California or Medi-Cal. A lot of these programs are changing due to Obama care. Maybe you could sign up for one of those programs temporarily. Also your workplace may offer COBRA coverage that you could use temporarily -unfortunately it's usually expensive.

Thanks georgiapapa! Today hubby received his first full check including the dependency pay! That's sure nice to see in the bank account, but I do feel like I aged 5 years over the past 12 months of researching & being worried about his claim.

They aren't going to reduce your benefit if they rule against sc I wouldn't think so why not. Although you may want to establish a linked diagnosis through the VA first.

Every time I would get a response from Iris I would be filled with anxiety because either they did not answer my question at all or they put incorrect information in the answer.

Have you tried emailing Robert.a.mcdonald@va.gov Just a short email with Your name, claim number and a short description of your issue. In the subject line type "St. Petersburg Appeal status"

Folks:

As I read posts like these, it's really unfortunate that the system is so overwhelmed that significant mistakes are being made everyday which cause significant emotional pain and hardship for Vets. I've come to the conclusion that if a Vet's Disability Claim veers anywhere from the normal course of processig that it will take huge efforts to get it back on track. I now trully believe that it's all about the "luck of the draw" and who is working your claims at VBA and their workload/skill levels. Seeing a NOD that's being listed at over a year later (and no one saw it was wrong) than it should be is really disheartening and I'm sorry that Vets are going thru this. That said, I've learned from this Hadit.com board that you have to just keep working it and not give or let up - otherwise you lose momentum. From what I'm seeing, the people who win....just keep persevering and I think we are lucky to have some many Vets that are providing advice with this forum..good luck...

Agree with NavyWife.

IRIS will vary by VARO - at my last VARO, I'd get rapid and relevant reply.

Where I am now, I get no reply from VARO and just a canned response well after the IRIS inquiry 'times out' (5 business days) so, like so many things, IRIS is only as good as your VARO.


And if your VARO was good, you might have no need to use IRIS!

get your smr's.

they are accepting your wifes/buddies statement that you were in an accident and hospitalized but there is no "medical evidence" of a diagnosis of a condition, ie ,broken arm/leg whatever.

I'm assuming your Dr. did not review your smr's and they discounted his statement because of that.

get your smr's and have your dr write a note saying that he reviewed tehn and that your current condition is likeley related to the condition that is in your smrs.

The part where the examiner says they would "have to resort to mere speculation" regarding the nexus, is reason enough to have the C&P thrown out as " inadequate".

"They let me do that and it was miserable to go through big heavy law and reg books geared to SSA,with employees staring at me as I did that, but within 2 hours I found what I needed and only needed on xerox copy of it."

Berta even winning old school when it was harder! Thumbs up, Berta!

You can reapply, however, I suggest you appeal the previous denial. I believe there is a 4 yr appeal deadline but it may not be absolute. With that in mind, I would find an attorney thru www.nosscr.org. During the period of my SSDI claim, I used a local attorney, who knew nothing about SSDI law (which I didn't know at the time) and was denied. I appealed, pro se(by myself) and was denied again, and I appealed. In the meantime, the SS people took my appeal, called it a new claim and filed a new claim for me. Seven yrs later I contacted an "experienced" attorney who, teaches at the Vermont Law School and she told me there was nothing I could do. It wasn't worth pursuing, as I'd lose.

I then contacted www.nosscr.org, who referred me to an attorney, in my area. I met w/her and within 6-7 months she won my case, going back to the date of my re-application. She won about 5.5 yrs retro. I received about $51k (my SSDI rate wasn't that high, due to my sporadic work history, caused by my PTSD) and she received $4k, the max allowed by SS, at that time. I believe the current SS max rate is either $6300 or $6700. It didn't hurt that my ALJ was pro veteran.

As for you daughter, you can apply for SSI, which is income based, kinda like welfare, but she could be eligible for SSDI, against your SS account, in that a child disabled before 22yo can receive disability against their father's account because they have no work history. Something you may want to look into. jmo

pr

I should also mention that during all this time period, I had a slip & fall accident (ice and snow), causing me to fracture my leg. I saw an attorney who stated "you live in VT, it snows and is icy in the winter," so I was out of luck, no claim. I found another attorney and we won more than $25k but less than $30k. I can't discuss the actual amount awarded. I believe we went to, what's called, binding arbitration. The moral is always check w/other attorneys. Just because one says no doesn't mean you can't win.

Here is what I would suggest:

1) Take the C&P Exam to your husband's next MH appointment and let his current therapist review it and give his/her opinion
2) Request on a VA21-4138 that he would like another C&P Exam ASAP - when you write this statement up state FACTS to base the request of a new C&P. I find it hard to believe he has no stressors or criterion - as the C&P Examiner is stating. You need to act fact before this claim goes complete. Right now time is of the essence.
3) If you can get a Nexus letter from his current Therapist that would help!

I am telling you that you are your own best advocate!

I had a C&P last month that for the "most part" was favorable HOWEVER the examiner did not feel I had PTSD but rather "other specified mental disorder" - At first I was okay with it and the following Monday I saw my regular VA therapist who saw the C&P exam notes and after our visit I pulled those notes up a few days later and noticed that while she agreed with the C&P examiner that my eating disorder was the worst she did not agree that I did not have PTSD. I got those notes to the RATER ASAP by uploading to Ebennies and FedEx hardcopy over night to the RATER.

I believe my actions is what got my "other specified mental disorder" to PTSD 30%!!!!

I had the same exact type of c&p but she didn't ask me many questions. I tried to give her evidence and she said no thanks I have everything here. I stared at the walls for 45 mins while she typed on her computer. Then said that's all have a nice day. I was denied then put I'm a cue as well as a reconsideration. Uploaded all visits and all my VA mental health providers wrote letters for me basicly disputing the examiners report. How can you make an opinion in 1 hr when you have been seen for over a year on a weekly basis. Then consulted for neuro exams and memory and attention exams, etc, etc. C&p report was directly written to disprove any mental health issue from her first word.

I would suggest keep going to treatment. Ask for letters from mental health and put in a cue as well as a reconsideration shortly after the cue.

I did and got another letter stating everything is reopened and in deferred status for VCAA development and deferred for medical opinion clarification. Also uploaded news articles of the stressors, my description of my job duties, letters, etc.

Good job, I think most veterans get kow rating at first. Navywife knows about me little. I got shot 2x, blown for multiple times, 4x unconscious during mt time in iraq 2x... VA gave me 0% for those injuries and I just completed 6 c&p exams last week in order to bump up my rating...

I am praying for best right now. ...

Yes, I agree wholeheartedly you should email Robert McDonald. He's the only one that can help expedite your claim. In the subject line of the email, you may want to say, SI caused by VA

Since you submitted your dependency claim along with your disability claim, you should be paid dependency back to the effective date that your disability claim combined rating was 30% or higher, assuming your dependents qualified as of that same date.

If I were you I would just email Robert McDonald at robert.a.mcdonald@va.gov with your name, claim number and a short description of your issue.

Just an update on my situation that might give a bit of encouragement to those veterans out there waiting. Emailed Mr. McDonald regarding a dependency situation and three days later it was resolved.

Robert.a.mcdonald@va.gov

I believe he really does want to help vets.

Just an update on my situation that might give a bit of encouragement to those veterans out there waiting. Emailed Mr. McDonald regarding a dependency situation and three days later it was resolved.

Robert.a.mcdonald@va.gov

I believe he really does want to help vets.

NavyWife;

The coordinator told me I got 0% for the Eating Disorder and 30% for the Other Specified Trauma MH rating LOL - the rest were all denied. The issues I am having is I submitted for left and right foot/ankle conditions and the wording on there doesn't match with the contentions I filed. I will review the BBE when it comes and see b/c I really believe that both my feet/ankles should be S/C....

But in any event I am happy with what I got right now :)

I am fairly new to this site but wanted to share my success story with everyone. Don't ever give up on what you feel you are entitled too. I got out of the military in 1996 without ever having a separation physical. I gave birth to my daughter and went on maternity leave and then honorably discharged. I went on with my life never knowing I should have been reviewed for service connection on contentions. FAST FORWARD to May 2013....I was sitting around the house with my boyfriend of almost one year at that time and a friend - both of whom are prior military themselves and both of whom were service connected for their disabilities. We started talking about my military career and how I broke my ankle/sprained my other ankle, had an eating disorder in the military and still do, etc....They urged me to go see a DAV rep and start a claim. So the next week I made a copy of my SMR - YES I actually kept an entire copy of my SMR....Little did I know it would be of vital importance for my claims....

On May 10, 2013 I walked into the DAV office and started my claim journey........Never thinking I would get S/C for anything....The DAV rep filed over 17 contentions on my behalf....Now some I felt were not going to hold water but he said "let's just submit and let the VA decide" - he was always there for me - when I would call and he was not there he would return my phone calls. I was also my own best ADVOCATE!!! I made sure I got everything needed for my claims.

I had numerous C&P Exams in July 2013 and then I sat dormant for many many months....FAST FORWARD to June 2014 I received partial S/C 40%, along with back pay :) and then back to Gathering of Evidence I went. I was also at this time seeking MH help for my Eating Disorder - while doing so I disclosed my MST and that got the ball rolling for amending my claim to add PTSD (Secondary to Personal Assault)....

July 2014 I received a call from a lady at the RO office - she was a Women's Coordinator she called to help me amend my claim and get all the documents filled out and uploaded onto Ebennies along with any evidence to support the claim. She provided a direct number for me to call her anytime for updates, questions, concerns....I was thrilled to have her helping me and I felt like she was my guardian angel

Around October I went from GOE to PFD and I had still not had my C&P for MH. I called my contact and she got an email to the rater letting them know. Two days later back to GOE and a C&P Exam was ordered. Oct. 9th I had my C&P Exam.....

Nov 2014 - I went from GOE - PFD - PDA - PFN all within about a two week time frame....

Today I saw I am officially increased to 60% S/C and that it closed on 11/4/14 - I just downloaded my letter and I couldn't be anymore happier!!!! I called my contact and she was able to see that the retro has been authorized and should be a matter of days before I see it!!!!!

So my story is of one that is of a SUCCESS - I did not go through any major denials that will warrant appeals but I am going to review my BBE when it comes and if there is something I feel should have been rated I will appeal.....

For now I am content on this entire process and I am very happy with the VA and how they managed my claim and the fact that all the "i'" and "t" were dotted....

To all of you waiting - I wish you much success on your claims!!!