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HorizontalMike

First Class Petty Officer
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Posts posted by HorizontalMike

  1. On 1/11/2016 at 10:58 AM, Jimmer said:

    iceturkee, I did receive information on Chapter 35 benefits, and an application as well.  Do they, the VA , send out a letter telling you that you are permanent and total?  I can't seem to find that saying in my packet.  They have also sent me the application to secure a Commissary Card, and CHAMPVA benefits, and a bunch of other benefits as well.  They indicated I should contact the state to see if their is any reduction or elimination of state fees, property taxes, licenses, etc.  

    Jimmer,

    I suggest that you log into ebenefits and then check documents (AB3 Commissary Letter).  In there you find Manage / Documents & Records / VA Letters, And there you can open and print copies of those letters.  NOTE: You cannot save these letters, ONLY print them to your printer.  They are encrypted.

    Personally, I still have not received any formal Rating Letter, BUT at least my commissary letter clearly states  “…This total disability is considered permanent. You are not scheduled for future examinations….”  and points to the P&T.  Pay attention to the part about "...You are not scheduled for future exams..."

    FWIW, I still have not received a formal Rating Letter but at least I now have something in print about P&T. Hoping the same or better for you...

    Best wishes! And good luck!

     

    Commissary Letter Altered for privacy.jpg

  2. PLUS, they will try to disarm you with off the wall questions aimed at catching you off guard.  Can't say much more than that,... BUT do NOT feel that you need, or compelled to answer ALL questions in depth.  All they want to do is "catch" you in any lie or mis-truth in order to deny you benefits.  Don't fall for it.

    Stick with the facts and RE the STRs as often as you can.  DO NOT embellish!

  3. 1 hour ago, broncovet said:

    Its a great question, Buck, that maybe Berta can answer.  "Is it CUE when the RO (or BVA) looks in your file and says, "Nope, no evidence of an in service event"....when its right there in front of them and they did not read it?  

    I think the answer is the affirmative.  CUE at the Board or RO level covers "factual" errors, that are undisputable.   Under Bell vs Derwinski, the VA has "constructive receipt" of evidence in the file, even if they never read or considered it.  In other words, if you had a VAMC exam, and the doc opined, "The Veteran is unable to maintain substantial gainful employment due to his service connected PTSD"...and the VA said there was no evidence in the file that said the Veteran was unable to maintain SGE, then that would be an error of fact.  For it to rise to the Cue level, it would need to be undebatable, it would need to be based upon facts at the time, and it would have to be outcome determinative.  

    My problem is the complete and continuing cover-up about the "need" to give me a FULL Psych Eval.  Got 4-places in my STRs where the Psych repeatedly stated that there was NO NEED for a full psych "at this time", and that was even AFTER my ships CO requested a full psych in order to NOT be libel for treatment before discharge.  GD!, it is in their own handwriting!  Timeframe 1972-1976...

    Is THIS a CUE, or not?  ...for negligence...

  4. 1 hour ago, Gastone said:
    2 minutes ago, Buck52 said:

    I was thinking , when we view our C-File And some records are missing that you have sent them and you have copy's...or  there are records that is in your c-file that would be very very favorable to your claim and you were denied because they failed to read those records...could a veteran file a CUE Claim for this reason?

     

    .............Buck

     

    BINGO for Buck! 

    Failing to read your c-file records completely is rampant with the VA.  They ONLY are looking to deny and not to approve for the most part.  Case in point... I found four, yes 4, time where the MOs in my STRs refused to give me a full psych evaluation.  And my initial C&P stated that there was nothing in my STRs to document MDD.  Much of it was handwritten and needed PhotoShop to bring it up visually in order for me to transcribe, but boy is it worth it!

     

  5. 1 hour ago, Gastone said:

    The only problem with filing the FOIA request for a complete copy of your C-File is, you'll be about 14+ months older, when it finally arrives, That is, based on my personal experience, receipt of my File 01/14 from a FOIA hand delivered filing 09/2012.

    .............[snip........]

    The LOUD Squeaky Wheel, gets the GREASE, right. Never accept the Bum's Rush.

    Semper Fi

    DITTO, my FOIA request for my C-File took 13-months.

    Also, be aware that when you do get a copy of your C-File, it will be a re-print of the VA's digitized copy of your C-File.  While that may sound trivial, IT IS NOT.  The VA's printers are pretty poor and you end up with a much degraded copy of those documents.  In other words, the VA always has a "better" copy than you do.

    Firsthand looks at specific documents may justify a personal visit to the VARO to see the originals, with your HD cell phone camera or course.  PLUS, start practicing with PhotoShop image enhancement in order to enhance those poor quality copies.  Believe me, it can work wonders adjusting contrast & levels, saturation, etc.

  6. 1 hour ago, broncovet said:

    Ok, Mike.  Lets put your Doctorate in EA to use.  YOu can do c and p exams, (you may have to shave and put on a tie).  VA will surely hire you because you can offer to work cheap and give evidence to deny.  

    Then you can award every claimant.  When VA whines you are approving too many VEts, you can counter the VA is denying too many, and they cant fire you because you are disabled and can't read, so someone must have given you the wrong stamp of "at least as likely as not" instead of the one "not related to service".  

    Ah... but they could fire me!  Remember that I am unemployable TDIU!  And approving ALL cases/claims would just show how unemployable I really am!

  7. Absolutely!  And the examiner in my OSA appeal is NOT even a "doctor", of any kind!  Sheei..iP!  Even I have a Doctorate (in Educational Administration).  And I'm supposed to be bedazzled her wanna-be doctor's assistant status with only a BS or maybe an MS.  I got each of those as well!

    I'm sure my lawyer is all over that aspect of it.  The thing is though, the VA is still dragging this crap out forever.  As mentioned earlier, the only thing I have is a Summary of Case, and THAT is NOT a SOC, or Statement of Case.  Still waiting on an Official Rating Letter as well, now 8-weeks after some but not all of the rating decisions were made.

    As my lawyer said when I called and B&M'd about this with him, "...Until we get and Official Rating Decision, we know NOTHING..." of what the final rating decision is, AND WHY.

  8. 2 minutes ago, broncovet said:

    Interesting, Mike.  

        The VA tried that with me.  I already had a favorable competent medical opinion, and they scheduled me for another exam, who was not competent (she was an MD, but admitted to me she had no expertise/training/experience in sleep medicine/sleep apnea) and, of course, she gave unfavorable evidence to deny, and the VA denied.  In my appeal, I asked that the new c and p exam be disregarded because I have challenged her credentials, that an MD does not make her an expert in all areas of a medical nature in which she has no experience/training.    I should find out soon if my challenge to the examiners credentials was upheld.  Remember, if the VEt does not challenge the credentials by or before the BVA, the examiner is presumed competent by the presumption of regularity.  A Veteran can not challenge the credentials of the examiner at the CAVC level without first challenging them at the BVA or RO level, because the RBA is sealed when you appeal to the CAVC, and you can not submit new evidence to the CAVC.  The CAVC decides the case based on the record before the Board, and neither party can submit new evidence.  

          The c and p examiner is serving as an "expert witness"...that they examined the patient and determined, xxx and yyy, even tho the examiner need not be present at the CAVC, his report is sufficient.  The examiner, for his/her to be a valid opinion, needs significant experience or training in the field of which your C and P exam was done.  A psychologist can not opine on bone fractures, but the VA gets away with this, because Veterans do not know enough to challenge the competency of the examiner.   

    BINGO!

    Great information to know!  This may come in handy in my OSA claim, now appeal, that is still "in process".  A PA wrote the opinion slicing and dicing my appeal, via my lawyers remand to revisit.  I'll look into this, though it appears to me that she was and is unqualified to offer such an opinion.  She actually opined "...that this should not be serviced connected...", something she has no legal authority to do.  This was pointed out to me by my lawyer back in September 2015.

  9. On 1/5/2016 at 7:27 AM, broncovet said:

    Your period of service connection is only relevant if you are seeking NSC Pension with A and A.  If you are seeking compensation, it does not matter when you served.  Expect your VSO to try to talk you out of filing. 

    If you have a letter that you are P and T, then by all means apply.  How can an unqualified VSO "overturn" a competent MD who opined you are P and T?  Medical evidence requires medical expertise.  The VA can not substitute their own unsubstantiated medical opinion for that of a competent medical professional.  

    HOWEVER, the VA can then require/schedule you for "another" C&P in order to make THEIR medical opinion the most current, making your previous IMO moot with regards your P&T claim.  My lawyer has pointed that out to me several times and he insists upon being the last one to submit an IMO prior to a DRO and/or Board hearing.  Fun & games for sure, but he has a point.  Never let the B__'turds win.

  10. On 12/21/2015 at 3:05 PM, Sgscott1 said:

    Just had my C&P. Very knowledgeable to my conditions. In my surprise she found 3 other secondary conditions that I should be rated for. IBS, Genitourinary, and Neurological. Everything was in my favor including the TDIU.I was so surprised yet so appreciative that there are some genuine C&P doctors out there, I was told to give it about 8 weeks and if I did not here anything call my VSO. Feeling Good right now hopefully the rater will concur.

    GREAT! And welcome to the TDIU club!

    RE "...the genuine doctors out there..."  Sure is surprising sometimes, huh... 8-)

    And the "...give it about 8 weeks..." to hear anything... I have only received a SUMMARY OF CASE letter explaining how the VA is paying my lawyer "directly", though that letter mentioned my being awarded increase from 40% to 70% TBI and getting 100% TDIU.  I will be at that 8 week mark without an OFFICIAL Rating Letter tomorrow Friday Jan. 8, 2015.  I got a small retro check and my 1st 100% check/deposit on the first, so that feels good but I still fret over remaining ratings for MDD and OSA that I can show in my STRs.  Shoot, the recent C&P Psychologist (same one as original C&P in 2013) this time found "...as likely as not..." that my MDD was a result of my 1972 TBI.  SO that being said, I do NOT understand why my MDD rating/service-connection was not referred to in the Summary of Case Letter. 

    The wheels of the VA work slowly indeed...

  11. On 1/1/2016 at 10:54 AM, Buck52 said:
    On 1/1/2016 at 10:54 AM, Buck52 said:

    Someone mention that we could look at service records on the bluebutton /myhealthyvet, but mention that  I may not have my records on my healthyver from my vietnam days because its been to long....I was wondering what they do with those records if St Louis don't have them,?

    Your local VARO has them.

    a lady at StLouis  had me to contact Ft Knox Kentucky and gave me a phone number to call, I called it the ask the guy about my service records  he ask for my SS# an when he check he said nothing came up on me   it maybe because its been to long  and he referred me back to St Louis

    The lady at StLouis said that's where all the records go before St Louis Gets them and some records may have been left behind at Ft Knox.

    Keep pinging them, BUT for only ONE ITEM at a time.  They don't multi-task well and if your request "looks" too complex to accomplish quickly, you will just get the generic "...No, we don't have anything..."

    Guess I'll just have to call the president and ask him if he can get my service records from my vietnam days eh!

    Me too, Vietnam, Navy 1972-1976

    what the heck does a veteran do if he can't get all his service records? who do I contact to ask that question?

    I wrote my Senator and Congressman, along with the Secretary of the VA in DC.  More than once each!  Hold off on writing the President UNTIL you can attach all of those letters/emails to those below him first!  Otherwise it will just get kicked down to them without comment.

     

    I requested my c-file before I started my claim about 2 months prior  hoping to get a jump on the VA before they get there measly hands on it.  no luck so for,  I called the 1-800   and they said my c-file is showing to need one more signature before they send it to me  tha'ts been over a month ago.

    It took me a full year to get my C-File.  BTW, once you request your C-File, the VARO will remove ALL records from the National Personnel Records Center (NPRC).  YES, I said "remove" them.  The VARO justifies this "...in order to digitize them..." into your C-File.  And the VARO will NEVER return those records to the NPRC, NEVER! They will now keep them in perpetuity.  IMO, if you did NOT ask the NPRC for your military records PRIOR to filing a claim, you stand a very large chance of:

    • NOT getting a complete record
    • WAITING a very long time to get your C-File (complete?) record
    • Receiving a VERY POOR copy of your C-File that is often degraded to the point of NOT being readable.  Case in point; My Houston VARO did just that, digitized all of my original military records and THEN turned around and printed a hard-copy of my ~1400page C-File to send to my lawyer, who then had to RE-SCAN those second(3rd? 4th) grade copies back into digital form to send to me.  So NOW I have degraded copies (compared to VA) to try and read/enhance/translate/transcribe in order to mount my case/claim on.

    Who could I call to help and not lie to me or put me off?

    Sorry, but at this time you are SOL and at the mercy of your local VARO.  As I said above, my C-File took a year to get, and that was WITH the assistance of my lawyer pinging them.

    anybody know?

    .....................Frustrated Buck

     

     

     

    SEE ABOVE in BLUE

    Quote

     

     

  12. On 12/29/2015 at 1:43 PM, lotzaspotz said:

    My husband is rated for organic mental syndrome resulting from a pituitary tumor.  Although not equivalent to TBI, it does impair one 's awareness and ability to function as far as short term memory is concerned.  You can research cases yourself at the CAVC based on the following two statutes I'm using in my arguments:

    38 CFR 3.156(c)(4) regarding evidence contained in service department records that were not considered or properly weighed, and

    38 CFR 3.159(a)(1) which defines competent medical evidence, that is, the fact that veterans are not as a rule qualified to diagnose themselves.  The VA likes to use that statute against veterans, but there are instances when it can work in favor of veterans if the VA expects you to diagnose your illness or injury in clinically exact terms when you file a claim.

    The right direction is a case search at the CAVC.

     

    I really like that second reference (38 CFR 3.159(a)(1) ).  I already see in many of my VA Progress Notes of the C&P examiners trying to use MY observations "AS competent medical evidence" against me.  They are particularly trying to blame my OSA on my "prior to service" broken nose/deviated septum, YET they have no actual medical evidence of that... only my own hearsay.  Additionally, the OSA C&P examiner appears to be applying 1996-2006 rating criteria in determining that my 1972-76 STRs "don't have" the then later required "multiple" events and such.  In 1972-76 their was no such thing as a sleep apnea diagnosis. 

    "...Sleep medicine as a field was not established until the early 1970s after the discovery of obstructive sleep apnea syndrome (OSAS) in Europe in 1965 [1, 2] and the establishment of the first sleep laboratory at Stanford in 1972. The term “polysomnography” was coined by Dr. Jerome Holland at Stanford, in 1974, to describe ..."

    In other words, my military MOs were not even aware of, much less trained in recognizing/diagnosing any of the sleep disorders in the early 1970s, so it would not have been entered into my STRs as such.  All of that said, all of my OSA symptoms were present at that time, and since.

    FYI, for those who may not know when Sleep Apnea was actually added as a rate-able disability, was Oct. 7, 1996 when "Sleep Apnea"  was entered into the Federal Register under 38 CFR 4.97 #6847. 

         

    https://www.federalregister.gov/articles/2007/03/20/E7-4914/schedule-for-rating-disabilities-appendices-a-b-and-c?utm_campaign=email+a+friend&utm_medium=email&utm_source=federalregister.gov

     

     

  13. I OPENLY RECORD.  I used to just keep the recorder in my pocket, out of sight.  I no longer hide the fact that I RECORD.  There are studies, I think the VA's own, that show when doctors know they(the doctor) "may" be recorded then they provide better patient care.  BTW, my State is single-party approval for recording.

    http://www.disabledveterans.org/2015/03/06/secret-recording-program-nationwide-va-medical-care-centers/

  14. BINGO!  I have noted the very same falsification of VA medical encounters.  I started audio-recording my medical appointments as my short term memory fails me on occasion, HOWEVER, it quickly became evident that my PCPs do NOT like to be recorded and refused to accommodate my TBI disability RE memory.  I am on my 4th PCP in less than a year, trying to find a disability sensitive PCP who understands my disability.

    That said, these PCPs are on the defensive, not wanting to be held accountable for what they do or enter into your VA Notes.  One PCP had me removed from my medical appointment by the local PD, and then filed an "anger reaction" against me with the VA.  I recorded the entire incident and that PCP's accusations are NOT there and prove him wrong on all accounts. DOUBLE BINGO! --- The SECOND reason to record all encounters, patient safety!

    FWIW, I own three different generations of recorders dating back to the mid-eighties.  My current is a digital device smaller than my cell phone and records 40hr of audio.  Don't leave home without it!

  15. What is your attorney's opinion of the CUE potential regarding the effective date?  Does he support it and if so, is he willing to represent the CUE?  

    I've won and lost CUE's, in fact, I've got one currently pending at the CAVC.  No attorney on those, but there is attorney representation on non-CUE's.  You can't have more than one attorney on board, so the only option otherwise is to go the pro se route.

    My opinion is to file for as early an effective date as can be credibly argued and supported by evidence within the confines of the statutes covering CUE's.  Compare your situation to the prerequisites of CUE and frame your argument accordingly.  If you end up representing yourself on your CUE, you'll need to read everything you can get your hands on about CUE.

    I have a query sent off to my attorney and am awaiting a response.  I always try to be as informed as possible before any/every encounter with the VA or even my own attorney.  I read through the CUE prerequisites and find that they do NOT address the "impaired awareness of disability" aspect of my 70% rated TBI noted above.  The VA appears to take the position that the veteran ALWAYS knows what their own disabilities are and that those veterans are to be held responsible at all times, even for above TBI "impaired awareness of disability".

    IMO, the "impaired awareness of disability" is NOT addressed by the VBA at all, and is thus a CUE on the part of the VBA/VA regulations.  What help I need from HadIt.com members is/are information about such cases and/or litigation, or VA regulations that address the very disability that kept me from being able to comply with the CUE regulations for +40years.

    So, if anyone/everyone who sees this can direct me in the right direction for specific information, I will greatly appreciate it.  Thanks in advance.

  16. My lawyer has been working my appeal since September 2014.  We finally got to the DRO (informal) hearing July 6, 2015.  Sent back for two more C&Ps (MH for MDD and Cognitive).  The MH C&P found "as likely as not" that my depression originated while in Navy 1972-1976.

    NOT a problem with my lawyer getting 20% of retro, thus the incentive for that lawyer to seek earliest EED.

    GETTING BACK ON TASK:  So are there ANY grounds for a CUE determination in my case?  If so to what date, my last employment or -1year of claim filing?  I am trying to find Rating Schedules and/or litigation history that would assist me RE my +40years "lack of awareness" of my TBI.  After all, "lack of awareness" is listed as a disability in the TBI Rating table.

    M21-1MR, Part V, Subpart ii, Chapter 1, Section B    How can I make this work for me? 

     

    4.124a-8 §4.124a—Schedule of ratings–neurological conditions and convulsive disorders 4.124a-8

    Residuals of TBI...

    Neurobehavioral effects

    0%  One or more neurobehavioral effects that do not interaction.

    Examples of neurobehavioral effects
    are: Irritability, impulsivity, unpredictability, lack of
    motivation, verbal aggression, physical aggression,
    belligerence, apathy, lack of empathy, moodiness,
    lack of cooperation, inflexibility, and impaired
    awareness of disability
    . Any of these effects may
    range from slight to severe, although verbal and
    physical aggression are likely to have a more
    serious impact on workplace interaction and social
    interaction than some of the other effects.


    10% One or more neurobehavioral effects that
    occasionally interfere with workplace interaction,
    social interaction, or both but do not preclude them.


    40%interfere with workplace interaction, social
    interaction, or both but do not preclude them.

    70% One or more neurobehavioral effects that interfere
    with or preclude workplace interaction, social
    interaction, or both on most days or that
    occasionally require supervision for safety of self or others.

  17. After +40years I was made aware of my SCD TBI w/stroke(MRI scan), and after +40 years of being forced between jobs ~every 1-2years. Took 40months and counting (for accurate retro date).

    I have only a "summary of case" letter (explaining how lawyer got paid directly from VA) that stated a rating decision was made some 6weeks ago RE my case that awarded me fr40%---To-70% TBI and I was awarded 100% TDIU from just 4-months ago. Obviously the retro date (EED) is wrong, HOWEVER, I have a question about what the EED "might" be:

    1. The residuals of TBI include "...impaired awareness of disability..." under Neurobehavioral effects. FWIW, I was NOT aware of the effects TBI on my life for over +40-years.  Didn't even know I had one.  Only after worsening MDD did I approach VA for mental health help in 2011.  After an MRI and a full Psych Eval, PLUS my request for my C-File, did I find out that I had had a moderate TBI in 1972.  QUESTION: HOW CAN I BE HELD RESPONSIBLE FOR THE ORIGINAL CLAIM DATE?
    2. M21-1MR, Part V, Subpart ii, Chapter 1, Section B dictates that "...VA may award the disability pension retroactively for up to a period of one year before the date of claim, but not earlier than the date of permanent and total disability, if all the following conditions are met:
      • The veteran files a claim for a retroactive award within one year from the date the veteran became permanently and totally disabled. ...plus more... SOOOoo... QUESTION: How the Hail am I supposed to actually KNOW that not only am I totally disabled but ALSO THAT I KNOW that I had had a SC TBI in 1972?
    3. Now I am trying to understand what constitutes a "Clear and Unmistakable Error" (CUE) 

    That being said, I originally filed a claim in Sept. 2012, and I am sure my lawyer will want to get that date adjudicated as an EDD much earlier. 

    MY BIGGEST QUESTION deals with the possibility of a retro-EED of either a year earlier than that OR a retro-EED back to 2006 when I actually lost my last employment forever? (see #2 above).

    I do NOT look at my TBI "lack of awareness" lightly!  I went over 40 years without knowing about my TBI and only approached the VA for mental health (MDD) help FIVE years after being permanently unemployed at the time. I did NOT even know that I "might" have any VA benefits or anything else.  I always knew I had had a motorcycle accident and landed on my head, but the military kept ignoring my pleas for help (refused full psych evals FOUR times) and sent me away.  During those 4-decades I lost my job every `2-years, even though I managed to get 3-college degrees (PhD the highest).  Consequently I have little to no savings/equity.

    SO... are there ANY grounds for a CUE determination in my case?  If so to what date, my last employment or -1year of claim filing?

  18. This is true. I park in a university parking deck across the street instead of taking the VA jalopy van to their free parking deck on the other side of town. You would not believe how many VAMC doctors also park in the deck. I rode the elevator with one of my doctors a while and I asked why they park there. They said it is convenient because they spend their day working at the VA and the evening teaching at the university.

    Yeah, my better half works at the University Health Science Center just across the street from the VA Hospital There is even an elevated skyway/walkway between the two, so it does not interfere with the ambulances coming to the VA-ER.  She has been there 29yr as an immunologist researcher.  She knows several MD types who have/are working at the VA and doing exactly as you say.

  19. I am 90% combined with ''Extra Scheduler'' TDIU P&T Rating with no future exams...After I had it ten years the VA Sent me a letter telling me its not necessary  to send in the unemployment questioner....I have not sent one in in 3 & 3/4 years

    I am 63

    Although I have recently submitted a new claim for PTSD /OSA...IF Approved I'm hoping that will put me up to the 100% P&T Schedule rating  and wishing it to be enough  to quality for HB.

    if I don't die first  waiting to find out.

    ....................Buck

    Boy Buck! You are voicing my same concerns, at least going forward!  ME, same age, 70% schedular and 100% TDIU, as of this month.  I have been researching the part about the annual unemployment questionnaire requirement, AND I WOULD NOT WANT TO RISK NOT SUBMITTING THAT ANNUALLY. 

    Finding several incidents online where VA does not send out the questionnaire but STILL dings the vet for not submitting on time, thus kicking off another round of C&P exams, possible rate reduction, and possible suspension/delay of your 100% monthly TDIU (thus kicking you back to Schedular Rate. It is NOT the responsibility of the VA to make sure they mail you the form, BUT it IS your responsibility to submit it annually.  Just saying... 

    My problem may end up being that my lawyer wants to stop at only getting the 100% TDIU from getting a single disability rating to 70%, and thus skipping the MDD and OSA cases, either of which would raise me to 90-100% Schedular. SEE my post about halfway up the page, as to what the lawyer said.

  20. I started out with Texas Veterans Association, and later transferred to a DAV VSO, but FINALLY ended up with a Texas attorney firm that specializes in doing ONLY veterans' cases (Glover&Luck).  That said, my history of TBI, OSA, and MDD wore on me to the point that I needed the professional assistance that an attorney, or two, can provide.  I have NO problems paying 20% of a retro-check for getting this kind of help. After all, these attorneys deal with so many cases that they have seen it all, and know many/all the tricks VBA will try an pull in order to buy them time and wear you out.

    I fully support going the attorney route.  After all, the VA has their own small army of attorneys working to deny you at every opportunity.  Just saying...

  21. Well, the VBA just deposited my FIRST 100% TDIU check for $2906.13 for the month of December!  At least THAT part of my claims/appeal appears to be settled.  Having said that, the only thing in writing that I have received has been a "Summary of Case" that indicated that the VA will pay the attorney directly and made a reference to "a rating decision was made November 13, 2015" in my case/appeal.

    STILL NO OFFICIAL RATING LETTER, even after ~6-weeks.

    Hey Pete, I will have to research the SSDI benefits.  I know that my Teachers Retirement System(TRS) of Texas will abscond with 40% of any normal SS benefits I will eventually get.  I wonder IF that would still happen if I am now 100% disabled?  I wonder if SSDI would protect my interests in that case?  Any way here in Texas we have a "Windfall Profit Offset Tax/Provision" that allows TRS to reduce, by 40%, any Soc Sec benefits.  Like I'm rich by "double dipping..."  What a joke...

  22. When you go for a c&p exam be aware you may be under observation from the time you drive up to the exam until you leave the area.   That includes the waiting room and any place inside the c&p location.  I had something like that pulled on me.  Be aware anything you say at any VA contact  may be documented and used against you later.

    BINGO! And that "VA SPYING" goes on not only during C&P exams.  I was waiting for my Polytrauma Psychiatrist evaluation in the waiting area of the Polytrauma Center in the VHA, and was approached by a gentleman who was obviously looking around tentatively (as if for someone in particular).  This gentleman approached me and introduced himself as a "chaplain"  so I immediately responded "No thanks, I'm agnostic" and dismissed him.  He returned and sat down next to me anyway, and began talking with me.  I eventually was called in for my psychiatrist evaluation and left the waiting area.  Three days later I found an entry in MY online VA medical Progress Notes from this very "chaplain" and I had NOT even identified myself!  While not damning, it sure put me on notice at how underhanded the VA can be and IS.

    As it turns out, the psychiatrist had sent the "chaplain" out to check me out to see if I was going to be a threat.  Talk about pizzing me off!

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