NavyWife

The best way to prevent your rating from being reduced is to have your medical provider regularly monitor and treat your service connected conditions so there is a continuity of treatment documented in your medical records which show your conditions have not improved. As long as the records show your conditions are the same or have become worse, your rating should not be reduced. If the records show worsening of your conditions, this will be justification for a rating increase.

Don't wait until you receive your notice for a five year re-evaluation and notice to reduce rating to suddenly start going to the doctor. Keep going on a regular basis. Your good health depends on it and you will be better prepared to fight any proposal to reduce your rating. JMO

Has anyone had luck with walking into the VARO and asking to view their cfile?

I advise anyone who is applying for TDIU to go see a vocational counselor-either through VA or a private one. I'm sure they can be found in the phonebook or on the Internet. Have them write you a letter stating that you are "unemployable due to your service-connected disabilities".


That statement by your psychologist looks to be pretty strong.

The latest is that the Congressional Interests gal Cheryllanne Mackey at the Seattle RO called me Friday at 1310 local and tried to tell me I was 100% and there simply was no more money on the table to ask for. When I asked about the SMC-S, the tone of the conversation changed dramatically. http://asknod.wordpress.com/2014/10/03/vasec-what-happens-when-you-call-bob/

​I cannot stress how potentially great this will be while it lasts. I suspect it will be abbreviated after Veterans Day but as of now it's working to perfection. I've had several emails to tell me they had exactly the same experience down to the golden boy staff attorney from BVA who called within a day.

Chocks free.

Sad thing is, that even if the VA gets rid of a lot of the Bad Eggs, there still is so much improvement needed to make the VA Claims Process better for the VA and the Vets. Thanks for the info

I wonder how good that is for folks without computers.

After they scan my c-file, it would be great if they would let me pick up the original in person...

I agree with NavyWife; don't do as many VSOs want and give them POA and submit claim with no evidence or half-done. Better to do the Fully Developed Claim.

No, please don't rush filing your claim.

It is MUCH, MUCH more important To get all the evidence together for a solid claim so hopefully you will be approved on your first try.

Many veterans try to rush filing it to save that elusive claim date, only to submit a half ass claim and get denied, and wait in appeals for three years or more.

There are two ways you can save your claim date right now.

If you have an E benefits premium accounts you can click the link that says "apply for benefits". There you can start a claim for disability compensation. Get the claim started and save your date, BUT DO NOT CLICK SUBMIT YET.

The second way is to tell your VSO, if you have one, to send a letter to the regional office, That you intend to file a claim and would like to save your effective date. Make sure he gives you a copy of this letter. Then you would keep a copy for yourself and send a copy to the regional office along with your claim package.


Either of these options will save your claim effective date, but not actually submit your claim, giving you time to get your evidence together. They go by the month and year, so You have until the end of this month to save this month as your effective date.



At a minimum, I would wait to "submit" your claim until you have a official ptsd diagnosis from VA.

No, please don't rush filing your claim.

It is MUCH, MUCH more important To get all the evidence together for a solid claim so hopefully you will be approved on your first try.

Many veterans try to rush filing it to save that elusive claim date, only to submit a half ass claim and get denied, and wait in appeals for three years or more.

There are two ways you can save your claim date right now.

If you have an E benefits premium accounts you can click the link that says "apply for benefits". There you can start a claim for disability compensation. Get the claim started and save your date, BUT DO NOT CLICK SUBMIT YET.

The second way is to tell your VSO, if you have one, to send a letter to the regional office, That you intend to file a claim and would like to save your effective date. Make sure he gives you a copy of this letter. Then you would keep a copy for yourself and send a copy to the regional office along with your claim package.


Either of these options will save your claim effective date, but not actually submit your claim, giving you time to get your evidence together. They go by the month and year, so You have until the end of this month to save this month as your effective date.



At a minimum, I would wait to "submit" your claim until you have a official ptsd diagnosis from VA.

I don't know about the direct deposit information, but if you want to see your rating before you get the letter in the mail, Then go on E benefits to "start a new claim" and proceed through the pages until you get to the section called disability. It will tell you your new ratings.

Gastone,

Get on MyHealthyVet and get a premier (?) account access and then go the "Blue Button" route.

My last DBQ questionnaire is on there and the "back and forth" from the C&P doctor and the rater is on there too. They just started adding them to the blue button record.

Also, as US VET says, service connection is big, really big, even at 0%. Your in the door for that issue. I also have been initially rated at 0 and later it was increased. I asked for a increase, not a reconsideration.

I think a reconsideration would be for a denied claim. You are looking for an increase of your current rating. They should send you to a new C&P and you will get what that Doc finds out. Remember, you already are service connected.

Also, if you have other issues downstream (related) to the 0% issue, claim it as secondary to the first issue. I have a 20% secondary to a 10% condition. Which was a big surprise to me.

Good luck,

and I think you won more than you know already, just keep plugging along.

Hamslice

Hedgey,
I would get a copy of the C&P Exam from the Information Office and I would read through it line by line. Write a letter, quoting the C&P Exam where you dispute anything that you don't agree with and cite your DBQ, any other medical notes, and the VA's own rules about C&P Exams. I would then send that entire letter, with all the back up (highlight what you quote) to the VA by certified mail. I would also fax it and upload it to ebennies. You don't have accept or agree with any examiner that has seen you for a few short moments, especially when it contradicts what you know is true. My husband received a C&P that was full of misinformation, almost to the point where it seemed like the examiner was looking at someone else's chart. I wrote that letter to the VA, highlight all the stuff that didn't make sense and stated what was accurate. I pointed out where the examiner contradicted herself and I cited the rule where if the info is 50/50 then the VA must rule in the favor of the Veteran. He is now 100%. Good Luck

Well, no BBE yet but I did get my retro and september payment today!

I recently was at over 100 days also, and was still under review. Then last week I had the 8 C&P Exams thru a VES clinic, and then on Fri claim moved to Prep for Decision, and I too had DBQs filled out by VA Docs. NavyWIfe just completed here Husband's claim after a year, and it was an FDC with only 2 conditions. I know that the wait is hard bud, but honestly if an FDC is completed in less than a year, that is amazing. Prior to our claims in the last 2 years, Vets were waiting years just to get the C&Ps. Good luck

Thanks very much carlie!

If I could advise anyone, I would say the 2 most important things I did was read and analyze each sentence, down to each word, each comma, each semicolon, in the rating schedule for the contention, seen here.
http://www.benefits.va.gov/warms/bookc.asp

Some contentions are very straightforward and based on a specific number, but many others are very convoluted and unclear and open to misinterpretation, by the veteran as well as by the rater. Also, in that same section, read any supplemental instructions for rating that issue or body system.

The second most important thing I did was read and completely understand the DBQ for the contention, seen here.
http://www.benefits.va.gov/compensation/dbq_disabilityexams.asp


Of course, I wouldn't have known about any of those things without reading hadit everyday!!!

Looked at percentages this morning real quick...

50% pansinusitis
30% anxiety
30% migraines
20% right knee arthritis
10% for a lot of other stuff...

Couple of bilats in there too

Nobody can make you take OPM disability retirement unless they go through a process that finds you incapable of working up to an acceptable level. There is a form of non-voluntary disability retirement, but it can be fought especially if your record is good at work. Max Cleland was 100% P&T and he worked as boss of the VA. I worked with a vet who had lost an arm in Vietnam. He drove a fork lift at the USPS. I know that the VA does bend the rules for VSO's who are 100% and who are able to work full time as NSO's. I think what we are talking about is someone who is 100% disabled for a mental condition only. According to the regs and description of that disability the vet should not, nor cannot work full time. That is part of the definition of being 100% for a mental condition. I think to some extent it is not fair. Why is there a difference between physical and mental disabilites? Regarding TDIU I think the regs are very clear. If you have TDIU then you can't work outside some protected environment. If you do work and pay taxes and SSA you are risking just what PR is talking about.

Just about every American of working age wants to work at something. When I lost my career at the USPS I claimed SSD, OPM and TDIU, yet I still wanted to work doing something even if if was just a few hours a day or one day a week. I felt useless and lost. My self esteem was in the toilet. I wanted to sell antiques at a antique mall. Many retired people did it, but I was different than those other retired folks. I was on SSD and TDIU. If I became too successful I knew I would have to make a choice. I was never that successful, and my wife was not ready to take over with me as a silent partner to expand, and buy an action house. I was very frustrated. Now some years later as I approch 65 I am glad I stayed within the lawful bounds. If I could have made a big success without the downside risk I would have given up the SSD and TDIU. I can still buy and sell, but I cannot do the things that a person does who runs a successful small business. I physically can't and I legally can't. However, if I see some collectible object and buy, it and then sell it later that is just a hobby unless I have a shop and pay rent and have staff working for me etc. Is is sort of a fine line but most people can see the line. The VA can see it and IRS and SSA can see it. I buy and sell stock, but that is passive income. I don't run a brokerage house that employees fifty people. Collecting rent on a few houses is one thing, and being an agent to manages ten apartment complexes is something else. The VA and SSD has us by the short hairs. In many ways it is a destructive system to those who have a chance at full recovery. It discourages rehabilitation. For those who have permanent and severe disabilites it is a lifeline. For a 22 year old who gets 100% for a mental condition that can be the worst thing that ever happens to him/her. If the VA would grant 100% while a vet was in school and up until they were successfully making a living that would be a good thing. Back in the day as soon as you showed anything looking like improvement you would be reduced which is a kick right in the &^^%$. The VA used the fact I finished a BA in psychology as a weapon against me for 25 years.

John

The most important thing you need to do right now is to educate yourself and familiarize yourself with the VA disability claims process. You should not submit more claims until you know exactly what you are doing or have a VSO rep who can assist you. Personally, I prefer to file my own claims because I know I will give my claims the attention and time they deserve. It is hard to find a VSO rep who has the time or the motivation to properly handle claims. You can find everything you need on the Hadit website. If you don't fully understand something, ask questions on the Hadit forum.

Research your medical conditions so you will understand what the VA C & P examiners and VA rating officials are looking for regarding your conditions. Get a copy of a PTSD DBQ to get an idea of what type of symptoms the VA is looking for regarding PTSD. When doing your research on PTSD, make sure you are looking at the most recent information regarding PTSD stressors as the VA policy changed a couple of years ago.

I usually only recommend using the VA healthcare system as a last resort. However, in order to eventually file a PTSD claim with the VA you have to be diagnosed with PTSD by a VA doctor. If you are not already in the VA healthcare system, sign up and request an appointment with a mental health doctor (psychiatrist or psychologist) to see if you have PTSD. If diagnosed, with PTSD, start treatment ASAP so you will have VA medical records to assist you when you file your PTSD claim in the future.

You can also start gathering buddy statements from anyone who can attest to the fact that you have been displaying PTSD symptoms.
Gather statements in support of claim from family members who can verify your medical problems. If you have any civilian medical records regarding your hip condition, get copies in preparation for a possible future claim. You might also want to try to get an IMO (Independent Medical Opinion) from your civilian doctor to support your claim for a hip condition if he/she believes it is service connected. You can find info on IMOs on this website.

Again, make sure you know exactly what is required by the VA before submitting new claims. If you do it right the first time, you might avoid many years of waiting during the appeals process. Don't be in a hurry.

Good luck to you and thank you for your service.

Be sure to get ALL your medical issues documented before you leave service. Be sure to get a complete copy of all your service medical records, too.

Berta thank you for all your efforts.

Yes my wife echoed this statement many times, and I will file for the Kidneys and Hypertension both are intertwined. My doctors tell me its a matter of time there is no doubt, and while this may not cause my death in the near future it will be a major factor when I do die. So I understand Gator and your advice, it strikes a deep chord.

This process is so..... I do not really know how to express it other than it is a constant reminder of what I cannot do; and how impacted my life is by these conditions. I constantly have to refuse to allow these conditions to define me. But this process forces me to define them into my life. It may sound silly but that is my biggest problem with this process. Every appointment thru the VA forces me to start a point A and wants me to hand walk them to point Z even though over 15 years of medical records are in their face. Regardless of this they want me to state every detail as if it is of the upmost importance, do they understand recounting these moments are so raw. Raw in the what was taken, not HOW it was taken I do not fear death but I dread these appointments.

Sorry about the rant I was going to delete it but hopefully someone will read it and understand there are others in this fun house that understands the rollercoaster.

Again thanks and I do feel much better (not by this rating) talking it out and urge any other vets to go and ask for a psych appt (at the VA) if for no other reason than to talk to someone about feelings you can't will not express at home.

Nice find Berta!! Talk about getting caught red-handed. The sad part is that this is SO VERY COMMON; and no one will pay the price this young veteran paid for this provable malfeasance. Knowingly and willfully (as opposed to accidentally or sloppily) entering false information into official VA medical records is a federal crime akin to making false statements to LEOs and perjury. It is also a violation of the "standard of care" requirement for medical professionals/facilities.

Now that the VAOIG has shown his true colors as a lap dog for the high level VA officials by allowing the insertion of "cannot conclusively assert," we can be certain that those charges won't be pursued. The required level of proof to prevail in a civil suit (FTCA) is "preponderance of evidence" and in a criminal case--"beyond a reasonable doubt." Griffin is only the "Acting" IG-- and boy ain't that the truth!! Nice act.

I am not sure if this will help, but it could give you something to go on or consider. A strongly worded IMO from a specialist could help overcome this BS.

Take a look at your entrance and exit exams. I got out about 20 years after you, so they may have done things differently. My exams had two parts: what I reported and what the doc found. If you reported back/neck issues when you got out, but the doc did not mark finding any, the VA assumes that the exit exam is silent. I guess they want the doctor to verify any complaints.

What made a difference for me was to get a strongly worded IMO from an orthopedic surgeon. Luckily, my doc did his residency at the VAMC. I brought only service treatment records relating to my back/neck injuries, entrance/exit exams, VA C&P exam findings, non-VA treatment, and buddy letters from my friends, family, and fellow soldiers. I went through every page of service treatment records (front and back) to find a fall, a motor vehicle accident, and a training accident. Even though my exit exam was silent, I still had the in-service evidence used by my physician in his IMO to prove 'least as likely as not' that my injuries were caused due to military service. The doc was very specific and had the evidence to back it up.

Good luck!

Maybe it's time to get the TV News people involved. The problem, as I see it, is that no one is actually looking at the records. I feel you need to get the TV people involved and get it to the CAVC. What happens is the new person always assumes the previous person did it correctly and never looks further. Sorry but that's the way it is. Stay the course and you will win. Ask asknod. jmo

pr

What are you currently service connected for?

Keep in mind that there is more than one way to skin a cat.

Meaning, If you found records that proves you were treated for fibromyagia and depression instead of filing a CUE claim you can file a reopen claim and then wait to file an EED, both should be faster than filing a CUE. I know, But a Cue claim take years and very hard to win, you can use you records to prove that VA had them in their possession at the time of the original rating.

With fibromyalgia I fully understand your frustration. The medication that they put you only makes it worst. All I can say is don't give up.