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Navy4life

Senior Chief Petty Officer
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  1. Like
    Navy4life got a reaction from HorizontalMike in Feeling screwed   
    When you fill out the NOD, be sure to state you request a DRO Review Hearing!  If you do not put this on the NOD they can review the NOD and evidence w/o you present.  You are your own best advocate so the hearing is what you want!  
    Most importantly....STAY in TREATMENT for the PTSD!
  2. Like
    Navy4life reacted to Black3018 in Feeling screwed   
    I will go Tuesday and deliver it to the DAV and then mail it out next week
  3. Like
    Navy4life reacted to Black3018 in Feeling screwed   
    It was the new claim the DAV filed instead of the a cue or reconsideration. It's almost done. That's the reason I got a new c&p exam
  4. Like
    Navy4life reacted to flores97 in Feeling screwed   
    Black3018, Navy is right, they do often rate on the social and occupational box, then again, for MH I had several c&p's for Major Depressive Disorder, and the rater seemed to go by list of symptoms. There is no way to tell, they did mark the box to indicate 30%, but then they marked symptoms more consistent with a higher percentage. Wishing the best for you on your claim, Good Luck!
  5. Like
    Navy4life reacted to flores97 in Feeling screwed   
    Black3018, while the examiner marked the "social box for 30%, generally functioning well", your symptoms dont match up, to me, they seem more consistent with 50-70%. Keep in mind that is only my opinion, however, over the symptoms checklist it DOES state"for VA rating purposes, check all symptoms associated, with veterans claimed PTSD", you are also a purple heart recipient, if they lowball you and you feel that the examiner did not accurately mark your social and employment functioning, fight it! File a NOD right away. JMO, and Good Luck!
  6. Like
    Navy4life reacted to VetlawUS in Feeling screwed   
    File the appeal (NOD) before the 1 year deadline.   Whether you previously withdrew it or not.
    If you do this before the 1 year from the date of original ratings decision denying, they have to consider the appeal - no matter what.
    The only defense that they have is that they told you to withdraw in exchange for reconsideration - if they say that, get a lawyer asap.  Seriously, this "withdraw-your-NOD-for-a-reconsideration-that-doesn't-exist" is a fraud and deceptive, and I know that there are lawyers looking for a fact pattern like this to challenge it.
    But you have got to file that NOD on time, first.  Within 1 year of the date of the original decision denying.
    And then remember the lesson: when it comes to the VA, the only thing you should "withdraw" is your benefits from a bank account.   Seriously...no good comes of withdrawing anything, and it is usually a trick.
     
  7. Like
    Navy4life got a reaction from Andyman73 in Feeling screwed   
    Andyman;
    i know the frustration you are in. I've given up on several battles because I'm tired of it. My last pending appeal is it for me. If I don't get the favorable decision from the DRO I'm done!  So tired of the crap. But I know we encourage each other to stay strong and fight. I can't tell you to fight and not do it myself right?
    if it were me, I would get another doctor's opinion. Can you remind me again of your situation?  I need a refresher lol. My brain is a bit old lol. 
  8. Like
    Navy4life got a reaction from flores97 in Feeling screwed   
    Andyman;
    i know the frustration you are in. I've given up on several battles because I'm tired of it. My last pending appeal is it for me. If I don't get the favorable decision from the DRO I'm done!  So tired of the crap. But I know we encourage each other to stay strong and fight. I can't tell you to fight and not do it myself right?
    if it were me, I would get another doctor's opinion. Can you remind me again of your situation?  I need a refresher lol. My brain is a bit old lol. 
  9. Like
    Navy4life got a reaction from Andyman73 in Feeling screwed   
    Unfortunately there is no set time frame. All claims are different and unique. Just have to wait...
  10. Like
    Navy4life got a reaction from Andyman73 in Feeling screwed   
    I think you are right!  I will look at my C&P exam when I am back home. I'm traveling until Thursday.  But yes I got an increase!
     
  11. Like
    Navy4life got a reaction from flores97 in Feeling screwed   
    Unfortunately there is no set time frame. All claims are different and unique. Just have to wait...
  12. Like
    Navy4life reacted to ArNG11 in C&P Exam for PTSD increase - might have backfired!   
    Congrats as well, been missing the posts with good news.  I need to read more carefully.  In any case still again congrats. Best wishes.
  13. Like
    Navy4life reacted to flores97 in C&P Exam for PTSD increase - might have backfired!   
    Navy4life, I thought I had posted congratulations on your PTSD increase(if i had a brain, id be dangerous), but that apparently was in my head so.. Congratulations, i am so glad the rater did the right thing and considered the "whole picture", you deserve it and have a great rest of the weekend!
  14. Like
    Navy4life got a reaction from flores97 in C&P Exam for PTSD increase - might have backfired!   
    So I actually spoke to the doctor and I am screwed if this goes through!  I will be reduced to 10% from 30% based SOLELY on the occupational and social impairment.  I explained to her that she contradicted herself with her rationale and the fact that she checked the occupational/social box that warrants 10%.  She basically told me that my work environment is not stressful which it is not.  She went on to say that her rationale was that I was still at the same level regarding my issues with MST and my eating disorder.  She told me to appeal it....
    So now I have to sit and wait to get the denial for this increase and see when I will be subjected to a reduction.
    Just really pisses me off!
    I am a prime example of what could happen when you go in for an increase and it back fires!
    Ugh... 
  15. Like
    Navy4life got a reaction from flores97 in C&P Exam for PTSD increase - might have backfired!   
    Hope you feel better Flores!
    The PTSD C&P has nothing to do with my upcoming DRO hearing BTW...I just hope that I at least stay the same!
  16. Like
    Navy4life got a reaction from flores97 in Feeling screwed   
    I think you are right!  I will look at my C&P exam when I am back home. I'm traveling until Thursday.  But yes I got an increase!
     
  17. Like
    Navy4life got a reaction from Black3018 in Feeling screwed   
    I think you are right!  I will look at my C&P exam when I am back home. I'm traveling until Thursday.  But yes I got an increase!
     
  18. Like
    Navy4life reacted to flores97 in Feeling screwed   
    Navy4life,  i remember something similar happened to you during your c&p for ptsd, did the examiner check the incorrect box  (based off the severity of your symptoms),  i thought i recalled that the examiner checked the 10% box on yours (for social and occupational impairment) but you still received the increase? I could be thinking of someone else, but on my c&ps for mh they went more by symptoms listed than the social/occupational, (on one of the exams they marked the 30% box, the other they marked the 50%, the third exam was for psychological eval). In any case, Black3018, we wish you the best of luck, please continue treatment and keep us updated.
  19. Like
    Navy4life got a reaction from flores97 in Feeling screwed   
    Sometimes a PTSD rating can be higher than the social and occupational rat g but usually they go by that. I wish you the best!!!
  20. Like
    Navy4life got a reaction from flores97 in Feeling screwed   
    One day at a time. It is a struggle for sure. 
  21. Like
    Navy4life got a reaction from flores97 in Feeling screwed   
    Are you in treatment?  PTSD is a struggle but treatment helps. That is the most important thing. 
  22. Like
    Navy4life got a reaction from ArNG11 in Feeling screwed   
    One day at a time. It is a struggle for sure. 
  23. Like
    Navy4life got a reaction from flores97 in Feeling screwed   
    The symptoms can be multiple however you are only rated on one MH rating even if you have multiple issues. Right now all you can do is wait. If the decision is not what you think you deserve then you can appeal it. 
  24. Like
    Navy4life got a reaction from flores97 in Code Sheet   
    Hello and good afternoon my fellow Veterans;
    After reviewing a lot of posts on here regarding "Code Sheet" I finally went and got mine at my local DAV office while at the VA Hospital today.  The DAV rep indicated that they aren't supposed to give them out but she printed it off and stated to me "you didn't get this from me".  So I reviewed it and I find it very informative.  I like that it gives the actual code for the disability I am rated, hence "Code Sheet" LOL 
    I noticed all my disabilities have "static" except for my PTSD which has an out date of 2021 for Future Exam.  That makes me feel pretty good!
    In case some are not aware, a static disability is a disability that is considered permanent by its nature, history and severity.  It is assigned a permanent evaluation without the need for future exams.  
    Now I would assume if you go to file an increase for a "static" disability, then you are open to a reduction.  Not sure if that is correct or not???
    Just wanted to share this with my fellow Veterans!
  25. Like
    Navy4life reacted to Meddac in Code Sheet   
    You are correct, Navy. Applying for an Increase automatically triggers VA to order an exam which "could" lead to a process that includes a reduction in the percentage assigned. Shouldn't be that way, but I can solemnly swear that I have witnessed reductions based on one exam alone rather than two separate exams.
    It's a slippery slope with VA. Depends a lot on the rater that decides your case.
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