GEEBEE711

I'll stand firm with my above post. If you truly think that the DAV rep and the RO is making deals behind your back, nothing I'm going to say will change that.

Did you even read my post??!! Please show me ONE part that stated ALL PTSD's are frauds! Please re-read my post and try to comprehend it a little bit better than than you did the first time. You or NOBODY else can tell ME what I've heard Veterans tell other Veteran! FACT...PTSD fraud IS a growing issue! You may not like it, but you can not change what is known. As stated in my above post, those who game the system, hurts those who have REAL PTSD!

Just be aware that the VA is getting MANY fraudulent claims for PTSD. It's one of the biggest growing segment of new claims. While I'm at one of my many visits at the VA clinic, I often hear other Veterans tell other Veterans on how to "Game the System" when it comes to PTSD. How to act, how to answer the doctors questions, and even how to dress for the unkept look. PTSD is very REAL! But there are no x-rays or MRI's to validate PTSD. And because of those who Game the system, it makes this even harder for those who REALLY have PTSD to prove it! BE HONEST! These doctors can smell BS the moment one walks into the examination room!

I would think it's due to being a "New Claim".

I do not beleive your DAV rep has any real part of the rating process other than helping you with the claim itself. They can't "Agree" on ANY offer "Lowball" or not. Not to be a smart A$$, but when it comes to rating your claim...this ain't no "Lets Make a Deal"....or even an "Offer". Your DAV rep is out of that "Loop" for sure on this! If you don't like the rating, then you need to file an "NOD" (Notice of Disagreement).

Please note, NOT all SSDI awards are perminate in nature. If you look at your SSDI award letter, it should clearify this for you. There are several time spreads for reviews by Social Security. Some as little as 6 months after the award. Some 1 to 3 years. The ones that show 7 to 8 years before your next review is stated "Conditon(s) are not likely to improve.The shorter review times will be stated. "Expected to improve", Some, "Likely to improve", ect. Again, your SSDI award letter will tell you when you should expect your next SSDI review.

I agree with you here john999. Veterans often times claim everthing possibe under the sun with no real medical records to back some of 'em up. By throwing everything at a wall just to see what sticks is not always the best thing to do. Pick those disabilities that have very good track record being backed up with your medical records. The VERY weak ones will only slow up your claim. you say " depression due to hearing loss". Really?? Cant you find one of your other 17 disabilities that are far worse than your heaing loss to better justify your depression on??

Michael, CUE stands for "Clear and Unmistakable Error". Berta had stated "Personally I would ask them to CUE themselves,in violation of 38 CFR 4.6, as they had your inservice records, per NPRC ,and failed to consider them". I'm not sure the quote belows explains just how the VA can CUE themselves, so I'm sure that Berta can give you further help. Again, the quote below will explain what a "CUE" is and does.Sorry, it's a long read! Quote: "Clear and Unmistakable Error; CUE The general rule for VA benefits is that a “final decision” denying a claim cannot be changed at some later time. A veteran can file a new claim for the same condition based on new evidence, but the effective date of any award will be the date that the new (“re-opened”) claim was filed, not the date of the earlier denied claim. That is why it is so important to keep a claim alive as long as possible by appealing denials whenever allowed. An exception to the final decision rule is when a “Clear and Unmistakable Error” (also known as a “CUE”) occurred in an earlier decision. If a claimant can establish CUE, VA is required to award the benefit as if the denial had not occurred. VA rules allow a claimant to file a CUE claim at any time after a denial, so successful CUE claims can result in a large award of years or even decades of retroactive benefit payments. Because CUE can result in very large payments many veterans attempt to claim CUE. However, VA has established very specific regulations for claiming and supporting a CUE claim. The result is that many veterans file CUE claims that have little chance of success either because they do not understand what a CUE is or how to file a proper CUE claim. Veterans considering a CUE claim must understand the following important items: * The rules for filing a CUE claim are not the same as a benefits claim * A claimant can only file one CUE claim for any decision (only get one shot) * The VA “duty to assist” does not apply to a CUE claim (adversarial action) * A CUE claim must identify the specific error in the earlier decision * The error, if corrected, must compel a different outcome * Corrected decision made based on the record and the law as it was at the time of the original decision These factors make CUE claims very challenging and rarely granted. First of all, anyone considering filing a CUE claim needs to either use a representative with experience with CUE claims or do a lot of homework. Unlike other VA benefits claims, a CUE claim can only be filed once. If the claim is not filed correctly or does not meet the exact VA requirements, the opportunity for a CUE award will be lost forever. This is no time to “wing it,” especially if there is significant money at stake. The next consideration is whether there is really a CUE claim. A common problem with CUE claims is that the claimed error is not a CUE. A CUE claim is limited to two types of errors. First, a CUE may exist if the correct facts, as they were known at the time of the decision were not before the Board or the regional office. This could occur, for example, when a medical examination report or other evidence was not properly put in the claims file. If such evidence is later found, it may provide the basis for a CUE. The second legitimate basis for a CUE is if the law at the time of the decision was incorrectly applied. A simple example of this type of CUE is receiving an award for a single gunshot wound, when the veteran has suffered two gunshot wounds. In such a case, the CUE would be improperly applying the regulations and underpaying the veteran. Veterans must understand that CUE is not a disagreement with the decision denying the original claim. It is not enough to claim that VA did not weigh the evidence properly, ignored something in the claim file, failed to properly “assist” the veteran, or just got it wrong. In general, any issue that could have been raised on appeal after the denial, but was not, is not a CUE. Many, if not the majority of, CUE claims submitted to VA do not identify an error that is really a CUE. If it appears that there may have been CUE, it is very important that a claim be carefully prepared. VA regulations require that CUE claims contain detailed information, not just the general type of language allowed in a regular benefit claim. The failure to specifically identify the error is another reason that many CUE claims are denied (and cannot be resubmitted). A CUE claim must be in writing, state the claimant’s name, claims file number, and date of the decision which contained the CUE. In addition, a CUE claim requires specific allegations that “set forth clearly and specifically” the alleged CUE. This means that the claimant has to identify the specific law that was applied incorrectly or the specific fact or facts that were not properly considered. Equally important, the claimant must also explain why the result would have been different if the proper law and facts were considered. Claims containing only “non-specific allegations” will be dismissed. This is another area where many CUE claims fall short and are rejected. The claim must describe how and why the previous decision would have changed if the CUE had not occurred or was corrected. A procedural mistake that would likely result in a remand or further development in a regular claim will not be a successful CUE claim. The error must change the outcome from a denial to an award, not just result in some doubt about the denial. Without this, the CUE claim will be denied. To further complicate matters, a CUE claim must be considered under the facts and the law at the time of the earlier decision. This means that only the medical examinations and other evidence that existed as of the date of the decision can be used in resolving the CUE claim. The same for the rules, regulations, and other laws applicable to the claim – only the law at the time of the decision is used to resolve the CUE. As a practical matter determining which facts existed at the time is usually not too difficult. However, figuring out what law existed many years or decades in the past can be very difficult, even for an experienced attorney. Finally, even if a proper CUE claim is submitted, it is very difficult to obtain an award. The legal standard for an award is much more difficult than for a regular claim. An error must be “clear and unmistakable” to win the claim. The Veterans Court has described a CUE as “a very specific and rare kind of error. It is the kind of error, of fact or of law, that when called to the attention of latter reviewers compels the conclusion, in which reasonable minds could not differ, that the result would have been manifestly different but for the error.” This is a very tough standard. There are not many cases where “reasonable minds” would all reach the same conclusion. In other words, it is not easy to get a CUE award. CUE is a powerful tool that if properly used can correct really bad VA decisions. However, the CUE process is much different and more difficult than the regular claims process. Veterans who do not educate themselves or obtain properly experienced representation can easily get their CUE claim rejected because of some special rule or regulation. This could be a very expensive mistake because you only get one shot at a CUE claim.". End Quote. I hope this helped somewhat! We ALL know just how confusing the VA system is, and this in NO exception! As always...The very best of luck to you. As a side note...I've read MANY of Berta's posts. This is one person that has a weath of information to give! "

That's crazy john999! I remember my first C&P for my mood disorder. Prior to seeing the doctor, I had a 2 or 3 hours of "Questions & Answers" in a room alone with a computer. There were some pretty off the wall questions. I remember one question that asked if I've ever used marijuana before. I have, so I answered "Yes" as I wanted to be 100% honest. Of course being on VA pain management contract for opiates for more than seven years, I no longer do. Actually, I stopped when I got married 14 years ago). I no longer do alcohol either. Anyway, I thought it was a pretty strange test. After the test, I asked the doctor what this test was actual for. I was told that it was a means to judge my "Honesty". I never knew there was a test for this. When I filed my last claim for IU a little more that a year later, I had two C&P's in which one of them was for my mood disorder. This time, it was only me and the doctor....No "Honesty" test.

Very good advice john999. I'm not rated for PTSD, But I am reated 50% for "Mood Disorder" (depression, mild memory loss, ect) due to chronic pain (GAF score of 50). I've had two different C&P's done for this. One for my initial claim (which was awarded) and then a little more that a year later when I filield for IU (awarded 12/2313). I do not beleive the GAF scores are used anymore...I could be wrong, but I did not get one for my las C&P Yes, during the C&P, they will check for issues during your childhood, family life, marriage. I did NOT paint mine as "Perfect", as I did not have a family life like "Father Knows Best". I don't know anyone who did, but I did have a very good one and consistent with the average family. BE HONEST! Chances are, you will have to go through more than once C&P during your life as a Veteran. Honest feelings are so much easier to remember than those you may want to exaggerate.This does NOT however mean that on the day of your C&P, it just so happens to fall on that very rare---once a year--- "I'm feeling pretty damn good!" day that you need to show it while doing your C&P! "That day" does NOT represent how you feel on the other 364 days. Also remember, when the doctor asks you "Hi. How are you doing today?". DON"T reply like many of us habitually do by saying "Feeling great Doc!". If you were feeling great, you wouldn't be there! Tell 'em that. The best of luck with your C&P's. I personally don't know of anything more STRESSFUL than going to C&P's!

My post did not say they were not seporate ratings. If the veteran had only these two disabilities, I'm pretty sure they would only receive 10% total rating for pay and NOT 20%.

Rule #1. Laywers are NOT there to help "Ease your pain". They're out to make money...PERIOD. That said, groups like the "DAV" & "VFW" don't have self serving interests and are there for only one reason, to really help the Veteran that needs help. Just remember, NOT all DAV's and VFW's are the same. There are very good ones out there, and unfortunitly, some pretty poor ones as well. My local DAV fell in the later group...very poor! I seeked their help on my last and final claim for IU. It was a very bad experiance. The Officer was both rude and very condescending! All he would talk about was how bad his disabilities were and how he was turned down for IU. He also stated that his disabilies were far more wose than mine, and he told me that he didn't think I had much of a chance of being awared IU. He made me feel that I was wasting his time. He refused to help me phrase my answers correctly on the form. He would ONLY ask me the question that was on the form, and write down my answer. Heck, I could do that myself from home! And that's exactly what I did. I went home and read what he had put down as my answers, and there were many errors! Errors were bad enough (things I didn't say!), that I knew would be good cause for the VA to deny my claim!! It was almost like he tried to sabotage my claim on purpose. I think he was just so bitter after the VA denied his own IU clam, that he was taking it out on me.(If I can't get, you won't either!) Anyway, I sat on my claim for 6 months wondering what I was going to do. Do I search for another DAV office outside of my area that may be of more help than what my local one was? The stress on this was nearly killing me! My claim should have been filed 6 months ago! Then one day when I woke up in the moring I said "Screw it! I'm going to fill out the IU form myself!" The VA has all of my medical records going back for years. I should have been much more confident than what I was feeling. There was NOTHING more I could possibly add to bolster my claim. I filled out the claim. Stuck it in the envelope that my local DAV had given me (thanks for the stamp DAV...that's the ONLY thing you did for me!)...then I mailed it! Less than seven months later I received my award letter from the VA...100%IU P&T! The moral of this story is this. If you are going to seek help with your claim, make darn sure the help is qualified! If the person helping you does not give you that "Warm & Fuzzy" feeling....GO FIND SOMEONE WHO DOES!

The hearing aids I received from the VA are top notch! They are programable and even came with a small pocket size remote control to change the volume (no more sticking my finger in my ear to do this), and for selecting 3 preset programs depending on your environment setting. They were Swiss made and VERY expensive! I looked on line as to their cost, and was surprised to find that the would have cost me over $7,000 a pair! Also, you get batteries for life through the mail.

Correct! My first claim for disabilty was when I got out of the service in 1977. I was awarded 10% right knee and 0% hearing loss. I'm now rated at 10% hearing loss when I did a another claim many years after the first one. Even at 0% rating, you'll be able to receive hearing aids from the VA at no cost to you if they feel that you can benefit from wearing them.