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seventy5th

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Everything posted by seventy5th

  1. nod was filed nov 2014 granted feb 2015 out of reno ro. my attorney requested traditional process
  2. i just read the attorney contract and it says they get 33.3% and i never got a IMO since my evidence was strong enough. all the attorney did was type up my nod and sent the forms needed to file an appeal which was still in RO. The day i was granted which was feb 19 last week va called my attorney and informed me that i was granted IU P&T and my attorney told me that they set it up to where the VA will give me all my back pay and i pay the firm directly. recieved my award letter today and va is witholding 20% for attorney fees. I'll be making a phone call to my RO tomorrow regarding this situation because i just want to know if i have to pay the remaining 13%. my appeal never reached the BVA it was granted at RO level.
  3. Summary of the Case an accredited attorney/agent properly filed a valid direct pay fee agreement per the provisions of 38 CFR 14.63 in the above cited case. The fee agreement shows that the claimant and attorney/agent request that the Department of Veteran Affairs pay 20% of the claimants award og past due benefits directly to the attorney/agent. The amount of past dyue benefits, which is computed from the effective date of the award through the date of decision, is $91,951.37. The amount withheld for fees is $12,390.27 which is 20 percent of past due benefits. Per 38 USC 5904 fees may not be charged, allowed, or paid with respect to services of agents and attorneys before the date on which the notice of disagreement is filed with respect to the case. What we decided and why In this case, the NOD was filed on November 7, 2014 and all of the requirements for direct payment of fees have been met. As a result, we will pay the attorney or agent a fee in the amount of $12,390.27. Per the provisions of 38 USC 5904, an assessment in the amount of $100 will be deducted from the fees. that is verbatim per award letter. im a little confused because 20% of 91k whould be around 18k so why is it 12k? The math just doesnt add up to me or maybe im thinking of all this the wrong way i dont know? and also the last i spoke with my attorney she said the va will send me allt he money and i will pay the firm directly but now va is saying that they are paying the attorney directly at 20% so what gives? and by the way the fee agreement i had with my attorney was 33% so does that mean i cover the remaining 13%?
  4. when should i expect the retro to hit the bank? peggy said the letter was mailed out yesterday and was closed. thank you guys, its been a long battle and im glad its finally over! everyone else who is still fighting theirs hang in there and dont give up.
  5. i need some help understanding this. just checked ebenefits today and my letters have changed, it states: You have one or more service-connected disabilities: Yes Include the information in this row Your combined service-connected evaluation is: 80% Include the information in this row and the one below it Your current monthly award amount is: $2906.83 The effective date of the last change to your current award was: December 01, 2014 Include the information in this row You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: Yes Include the information in this row You are considered to be totally and permanently disabled due to your service-connected disabilities: Yes does this mean no more future exams for myself? this was just approved today and they said they sent out the letter today in the mail. will i start receiving 100% pay this coming week?
  6. I filed a claim for increase and tdiu. today ebenefits states claim complete and letter sent. i went on to check my ab8 and my rating has increased from 70% total to 80% paid at 1525$. so this means my iu was denied?
  7. had my tbi c&p done and would like to know if the remarks left by the doc. would give me a good chance of getting IU. this is what she said: 5. Remarks if any: ---------------------- IU Comment/opinion: Based on this diagnosis specifically, the veteran cannot perform any type of work whether physical or sedentary employment that requires concentration, working with others, and memory, without supervision.
  8. berta this was for a ptsd increase. i also applied for tbi increase and tdiu which i have c&p's for this friday. should this mental health eval been part of my tdiu c&p? or is that separate?
  9. hello all, just got a copy of my c&p for ptsd increase. i still have c&p's for my tbi and tdiu this friday. i am currently at 70% combined 50% ptsd 20% tbi and i believe 10% tinnitus. would like to know my chances for increase and TDIU ---------- 1. Diagnostic Summary --------------------- Does the Veteran now have or has he/she ever been diagnosed with PTSD? [X] Yes[ ] No 2. Current Diagnoses -------------------- a. Diagnosis #1: PTSD ICD code: 309.81 Indicate the Axis category: [X] Axis I [ ] Axis II b. Axis III - medical diagnoses (to include TBI): TBI c. Axis IV - Psychosocial and Environmental Problems (describe, if any): No response provided. d. Axis V - Current global assessment of functioning (GAF) score: 45 3. Differentiation of symptoms ------------------------------ a. Does the Veteran have more than one mental disorder diagnosed? [ ] Yes[X] No b. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis? No response provided. c. Does the Veteran have a diagnosed traumatic brain injury (TBI)? [x] Yes 4. Occupational and social impairment ------------------------------------- a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [X] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment,thinking and/or mood b. For the indicated level of occupational and social impairment, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by each mental disorder? [X] Yes[ ] No No other mental disorder has been diagnosed If yes, list which portion of the indicated level of occupational and social impairment is attributable to each diagnosis: Entirely due to PTSD c. If a diagnosis of TBI exists, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by the TBI? [X] Yes[ ] No No diagnosis of TBI If yes, list which portion of the indicated level of occupational and social impairment is attributable to each diagnosis: Entirely due to PTSD SECTION II: ----------- Clinical Findings: ------------------ 1. Evidence review ------------------ If any records (evidence) were reviewed, please list here: CPRS of VA, C-file 2. Recent History (since prior exam) ------------------------------------ a. Relevant Social/Marital/Family history: =14pxHe was divorced in 2007 after less than a year of marriage. She was of middle eastern decent, my best friend died in iraq and I did not want to be with her anymore. Broke up with girlfriend of 3 years. she complained that he would never go out and always staying home. it gradually led to arguments and the arguments gradually became intense and he finally ended relationship. b. Relevant Occupational and Educational history: =14px not employed US Army was last job (discharged may 2009) c. Relevant Mental Health history, to include prescribed medications and family mental health: He has been receiving psychiatric treatment in mental health VAMC Las Vegas. " I dont like to be around people, i hate it. Hard to focus on things. I hear screams, voices jibberish. The only way they go off is if i put my head phones on. sometimes they drive me to the wall. I hear those voices almost everyday. It is hard for me to remember things. Short term memory loss". I think of suicide all the time, tired of living like this, it would not go away. " Me and my brother had a fight, I broke his nose and busted his lip". While still in active duty in Georgia with 3rd ranger battalion he overdosed on pills prescribed by his army psychiatrist. Current medications: Sertaline 150mg, Aripiprazole 10mg, prazosin 5mg, Trazodone 250mg, hydroxyziline 25mg Veteran states Prazosin not helping with nightmares and abilify has not been helping him all the time controlling voices. d. Relevant Legal and Behavioral history: none e. Relevant Substance abuse history: Drinks alcohol usually on weekends sometimes marijuana no hard drugs. f. Sentinel Event(s) (other than stressors): No response provided. g. Other, if any: No response provided. 3. PTSD Diagnostic Criteria --------------------------- Criterion A: The Veteran has been exposed to a traumatic event where both of the following were present: [X] The Veteran experienced, witnessed or was confronted with an event that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or others. [X] The Veteran's response involved intense fear, helplessness or horror. Criterion B: The traumatic event is persistently reexperienced in 1 or more of the following ways: [X] Recurrent and distressing recollections of the event, including images, thoughts or perceptions [X] Recurrent distressing dreams of the event [X] Intense psychological distress at exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event =1em[X] Intense psychological distress at exposure to internal or =1emexternal cues that symbolize or resemble an aspect of the =1emtraumatic event =1em[x] physiological reactivity on exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event Criterion C: Persistent avoidance of stimuli associated with the trauma and numbing of general responsiveness (not present before the trauma), as indicated by 3 or more of the following: [X] Efforts to avoid thoughts, feelings or conversations associated with the trauma [X] Efforts to avoid activities, places or people that arouse recollections of the trauma [X] Markedly diminished interest or participation in significant activities [X] Feeling of detachment or estrangement from others [X] Restricted range of affect (e.g., unable to have loving feelings) [x] Sense of a foreshortened future Criterion D: Persistent symptoms of increased arousal, not present before the trauma, as indicated by 2 or more of the following: [X] Difficulty falling or staying asleep [X] Irritability or outbursts of anger [X] Difficulty concentrating [X] Hypervigilance [X] Exaggerated startle response Criterion E: [X] The duration of the symptoms described above in Criteria B, C, and D are more than 1 month. Criterion F: [X] The PTSD symptoms described above cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. 4. Symptoms ----------- For VA rating purposes, check all symptoms that apply to the Veterans diagnoses: [X] Depressed mood [X] Anxiety [X] Chronic sleep impairment [X] Mild memory loss, such as forgetting names, directions or recent events [X] Flattened affect [X] Disturbances of motivation and mood [X] Difficulty in establishing and maintaining effective work and social relationships [X] Difficulty in adapting to stressful circumstances, including work or a work like setting [X] Suicidal ideation [X] Persistent delusions or hallucinations [X] Persistent danger in hurting self or others 5. Other symptoms ----------------- Does the Veteran have any other symptoms attributable to PTSD (and other mental disorders) that are not listed above? [ ] Yes[X] No 6. Competency ------------- Is the Veteran capable of managing his or her financial affairs? [X] Yes[ ] No 7. Remarks, if any: ------------------- No clinical evidence of impairment as a result of alcohol use and hence the diagnosis of alcohol abuse is not warranted. I informed him that his visit with me today was for C&P examination and not for treatment an i am not going to be his treating psychiatrist
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