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thomasc

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Posts posted by thomasc

    Rescheduled C&p Used To Deny Claim!

    in Veterans Compensation & Pension Exams

    Posted

    Hadit.com has the smartest Vets online and I could use some more advice!

    So in 2008 I had a C&P I was unable to attend and called the C&P office and asked to have it rescheduled. About three weeks later I received a denial letter stating I had cancelled my C&P and therefore could not be examined. I didn't fight it and figured I'd take care of it later.

    So years later I reopened my claim with new evidence and was denied based on the 2008 decision. I am really confused how asking to have a C&P rescheduled can be the bases for all future denials.

    How to I fix this crazy cycle? or can I?

    Thanks.

    Va Rater Asks Examiners Opinion?

    in Veterans Compensation & Pension Exams

    Posted · Edited by thomasc

    I met a Veteran who told me about a doctor who helped him with his IME. So I scheduled an appointment with this doctor to be examined, and review my medical records in order to tie my sleep apnea and TBI to service.

    My VSO asked for reconsideration of PTSD IU denial, and the VA reviewer felt there was enough evidence to make PTSD 100% P&T with EED.

    I am still moving forward with the IME, because it just seems over kill is necessary when dealing with the VA.

    Looks Like I Got Denied

    in Entitlement - Veterans Compensation Benefits Claims

    Posted · Edited by thomasc

    Trust me I know the feeling! I remember getting my denial, first thing I did was go down to VA regional and ask them to explain why I was denied. It was hard to keep from losing it, all I keep hearing was "the examiner felt, the examiner felt". I found out I was denied because of a C&P review, by a doctor I never met.

    Continue to gather your evidence, get your C&Ps, and ask for reconsideration.

    I'd tell your VetCenter counselor about the denial and ask if they recommend a VSO, they know which VSOs are winning cases.

    Nod Questions?

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted · Edited by thomasc

    I notice your 100%, why are you filing a NOD?

    I would wait on filing your NOD till you meet with your VSO! Your VSO should make sure its done right the first time. If you don't trust your VSO get a new one! But remember your VSO is part of your team and needs to be included in what your doing. Filing this without your VSO could bite you in the ass, and cause delays, VA loves any excuse to delay a decision, been there!

    Looks Like I Got Denied

    in Entitlement - Veterans Compensation Benefits Claims

    Posted · Edited by thomasc

    The good news is your rated for PTSD! The bad news is your ratings low. You really need your PTSD to be at least 70% before applying for TDIU.

    Your treatment will be the key to your success, but its going to take time. I'd focus on PTSD increase and put TDIU on hold for now.

    I'd lose your attorney for now and get a VSO. The order of the purple heart was highly recommended by my VA psych doctor after I complained about my claim being denied. What VSO did you have before?

    Would Tdiu Being Deferred Be A Cue?

    in CUE Clear and Unmistakable Error

    Posted · Edited by thomasc

    I just want to say thank you for all the great advice.

    You may have been following my story under the posting TDIU Denied - Reconsideration Meeting. I never made it to my meeting because my VSO called that morning to say the VA review felt there was enough evidence that I should be 100% P&T, with the earliest effective date. Sounds like the VA is reviewing my whole case as there were mistakes(CUE) made in the rating.

    I am sure God heard my prayers, but HadIt.com answered my questions.

    Looks Like I Got Denied

    in Entitlement - Veterans Compensation Benefits Claims

    Posted · Edited by thomasc

    I would start my logging into myhealthyvet, you'd be surprised by what information is on there. From there you can see if they did what's called a C&P review. They may have used your old C&P to deny your current claim. This will all be under the blue button on myhealthyvet. I knew what they used to deny me even before I got the BBE.

    Then I would ask your VetCenter if there's a doctor they can refer for a IME. I know VetCenters do this but you have to ask.

    Then go to VSO and ask for a reconsideration.

    Tdiu Denied - Reconsideration Meeting

    in TDIU Unemployability Claims

    Posted · Edited by thomasc

    Hello John,

    I want to thank you and Jerrel, your radio shows provides great information and topics are spot on.

    That's right John! forget TDIU, my VSO said the VA reviewer felt I met the requirements for 100% PTSD T&P with makes TDIU moot, with SMC (S) (housebound), ED SMC (K), and will go back to earliest effective date.

    Not sure how the VA will determine my effective date because I filed within a year of original claim dated July 2010, but turned in a 8940 April 2011. From what I've read VA can use either date, but this gets a little confusing since TDIU is being taken out of the picture.

    I still have two appeals in place TBI/Sleep Apnea no extra money but my VSO thinks they should be service connected incase they effect me in the future.

    This has all been verbal and within the last week, not sure how long it will take but were tracking in the right direction.

    Tdiu Denied - Reconsideration Meeting

    in TDIU Unemployability Claims

    Posted · Edited by thomasc

    Hello USMC_HVEQ,

    I have been dealing with sleep problems for years, and after much asking (2 years) VA approved a sleep study with sleep center contractor. I was diagnosed with sleep apnea and provided a CPAP by VA hospital, and reopened my claim for sleep apnea but was denied service connection. The Doctor who did the sleep study won't write any letters in support of my claim as VA paid for the study.

    In January I met a Gulf War Vet, who told me about a Doctor able to provide IMEs for PTSD and Sleep apnea. He said that the local VetCenter refers Veterans to her for PTSD when their traumas are questionable. So I called to schedule an appointment and since I am already service connect for PTSD and just needed Sleep apnea IME given a reduced fee.

    So I'd recommend calling your local VetCenter an asking if they have a Doctor they refer Vets to for IMEs, or you can go in for counseling and tell them your situation. Sometimes asking for help with claims is a touchy subject, so take it slow. VetCenters are a branch of the VA, but seem willing to help with claims. There are other Vets there who can also share there experience, group counseling.

    I hope this helps, sometimes it just takes asking the right person!

    Tdiu Denied - Reconsideration Meeting

    in TDIU Unemployability Claims

    Posted · Edited by thomasc

    Hey Qwiksting,

    I never really looked at my Army awards because I really didn't care with PTSD and all, but a couple weeks ago decided to take a look. I gathered them all together and went down to the VA regional office, and asked them if they had copies of my Army awards, but they didn't. So they added them to my record, not sure if it helped but it made me wonder how they could be missing so much information. It was more evidence in support of my PTSD claim as the narratives described events and combat, might have helped speed up reconsideration, not sure but I figured it couldn't hurt.

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