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10mtnvet

Seaman
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About 10mtnvet

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  • Service Connected Disability
    90%
  • Branch of Service
    Army

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  1. Gastonia thanks for the response. I have not yet filed an FDC truthfully I didn't know what that was until I looked it up after reading your post. I'm not sure if I have received any official denials yet there were a couple of things that I claimed that I was not rated for that I disagree with but I'm not sure if that's the same thing. I think finding a local va attorney and trying to get in a consult is a really good idea and I am going to get the ball rolling on that Asap. So it appears that what I need to do is file for an increase via an FDC for the conditions that are already SC? Also based on the article by Attig I need to get a sworn affidavit together rather than use the VA form. That is with the caveat that I should be careful to only do this with the conditions that I have extremely strong evidence for to help mitigate the risk of a reduction. Is there any strategic reason you can think of to submitting everything at once rather than one or two now and one or two later? I should explain that a little better. For example I have strong evidence now that my post traumatic headaches should be higher via DBQ. However my wrist condition has also gotten worse but am just now seeking treatment for it. So in this case can I go ahead and do an FDC for the headaches and other conditions that I have a strong case for and hold off on the wrist and other issues that I need to accumulate more medical evidence about? I would assume that doing this would get me in the system and get things moving on the headache issue rather than waiting a year or whatever it takes to get my documentation in order for the other issues. I apologize that all may not be worded correctly or make much sense but that is the best way I could think to describe it. Also spell check on my iPad is out of whack sorry for any misspelling, punctuation.
  2. Thanks for the quick responses guys! Thats a great link Vync. That is one of the videos that I watched that sort of got me motivated again to get my records and ratings corrected. In regards to the va math I believe that my rating is actually over 90% but doesn't quite make the cutoff for 100%. The WWP guy told me that he added things up and that correction of the post traumatic headahces would push me to 100% scheduler. I need to verify that for sure but I think it is correct. All of my ratings are dated as of my retirement date june 2014 but not sure I would still qualify for some retro due to smc s maybe. As far as going back to work I should clarify it is certainly not my intention to give up the IU and I do not see myself going back to work anytime soon or in the near future. Still I can't help but hope that maybe someday they find a migraine treatment that works or a new medication etc. (I am only 30) Whatever the case may be and all the sudden I find something that I can do and contribute I would like to be able to do it and not worry about jepordizing my family financially. If that happens 5,10,15, 20 years from now I don't want to look back and wish that I followed through and had my ratings corrected that's all. Great advice about ssdi. I have filed for that and am recieving it it has been a huge help to me and my family. I know all of these cases are different based on certain ratings etc. thats why I was/am considering getting an attorney or advocate to review my file and the conditions. It is all just so complex that I am almost positive that I am missing something.
  3. Hi everyone been awhile since I have been on here. First of all thank you all for how much knowledge that you guys (and gals) contribute about VA issues for veterans like me. I fancy myself to be pretty sharp most of the time but this process (va disability) is more overwhelming than anything I have ever tried to do in my life! Like most I suppose I lurk much more than I post but this site has been tremensously helpful for me especially in the really complicated areas like CRSC. So thanks again really, I truly appreciate it. My question has to do with what to do when you have passed your one year window to file an NOD. I was on the ball with all of this for almost three years when I was in the IDES process. However, between retiring in 2014 and my wife and I having our first child and getting PDRL and IU 100% I just dropped the ball completely and it is clear now that I need to get back on track. Sorry for the excuse matrix about my lack of initiative rant over. Anyway, I will try to be as thorough as I can and give some backgorund info so here it goes. I have a rating from the VA of 90% (final ratings issued Nov 2014) (will provide a detailed rating breakdown if necessary) I am being paid at the 100% level based on individual unemployability (back pay is up to date on that) I am on PDRL or permanently retired I have an incorrect rating regarding post traumatic headaches/migraines, currently 30% I have a DBQ regarding these headaches which clearly meets the 50% criteria (severely debilitatitng several times per week) signed by a VA neurologist (dated 12/12/14) this was done a few months after my ratings came out I also have issue with some of my other ratings and would like to file for an increase for those as well So with all of that being said I have passed my one year mark to file an NOD. I was advised by a rep from WWP who was hadling my case (and then dissapeared) that I should not rock the boat and file all of my greivances with my ratings. The conversation went something like this. Me "A bunch of this stuff in my ratings is incorrect especially about the migraines I have a DBQ to prove it" WWP "well that's all good but you are being paid at 100% and you are permanent and total so there is nothing to worry about you won't gain anything monetary by filing and you are taking a risk." My opinion about that (and I should have been more assertive and went with my gut) is that since I meet the criteria for 100% schedular that I need to push to get it and further more it is in my best interest to make sure all of my ratings to be correct. Especially since I do plan on constantly trying to get better and hope to someday work again. Of ocurse if this happens now (me working) I will lose a ton of benefits. ? Knowing that I screwed up by following bad advice and missing the timeline what is the proper termanology for what I should try to do next? Reconsideration? File for increase? Make a new claim? All of these terms are so confusing to me. ? Also I struggle with several cognitive defecits in addition to daily headaches and migraines and I am very apprehensive about going about this alone. Is there a good VSO or other advocate resource someone could recommend. I have struck out now with my AW2 advocate, Richmond VA and WWP. Not sure where to turn for help now? ? One final question and I can post this in another section of the forum if necessary has to do with getting an attorney. Since I am being paid at the 100% level I don't believe that there is any back pay for me to collect or at least there is very little monetary gain to be had from my case currently. Most of the attorney websites that I have looked at particularly dealing with disability and va benefits want a percentage of your backpay. I am afraid if there is no backpay to be made that this will be a hard sell to get a good attorney on my case. I may be way off base with this assumption but I would be very interested in hearing any thoughts on this.? Sorry for such a long post I really tried to make it as concise as I could. Thank you very much for your time I am looking forward to hearing from you guys.
  4. When I filed I was initially declined. I believe that I submitted my va proposed ratings. After being denied I submitted more evidence as well as my Narsum or narrative summary and was approved. I actually spoke to someone after the approval who was a decision maker on my case and he said that the Narsum made the evidence "very clear" and that was what they were looking for. Good luck!
  5. Hi guys posting this a little late as it was actually completed awhile ago. Anyway my situation was the following. 70% Army TDRL 90% VA on Soc Sec disability and pending CRSC. I spoke with a VA benefits person (DAV I think) who had an office set up at the local VA in Richmond. She said that filing for IU would not be that big of deal just send in my soc sec award letter. I was somewhat more skeptical than her on this as nothing I have applied for yet has been "no big deal." Well I was wrong she sent in my letter from soc sec (early 2015) and it came back 3 weeks later approved to be paid at the 100% level and T/P. I guess the lesson learned here for me would have been it takes a lot longer to appeal or file for a higher rating than it does to apply for IU so I would make IU. A priority if you think you qualify for it. As far as social sec disability I got a lawyer that was absolutely worthless and costed 5 grand or so to get. I say worthless because I applied once and was denied but when I sent in my Narsum explaining my PTSD I was approved. I spoke with someone at the Soc sec office who was reviewing my case and he told me once they saw the Narsum that everything was pretty cut and dry and that the lawyer had no impact or effect on the decision. Anyway a little late but this is some current information for what it's worth
  6. Thanks for the input I will definitely look into the IMO. I also am going to track down a different VSO than the one I have now.
  7. Hi guys first post here just wanted to bounce a couple general things off you to see if I am heading in the right direction I hope this doesn't come out like a word salad so bear with me I'll try to get all the relevant information out there. I was medically retired in June and just received my final ratings 90% VA 70% Army ??? I have found several errors in my VA ratings and am planning on filing an NOD appealing about 12 rating decisions either for increase or inclusion. The VSO at the Richmond VA said don't file until all of the paperwork is all together and submit it all at once. Is this good advice? ??? I informed the VSO that I would like to file for IU since I cannot work mainly due to Migraines and PTSD. When I told her I had been on SSDI for almost two year she said that was enough she would just send in my award letter and we would be good to go. This sounded too good to be true to me it just made too much sense. So she sent off the request for IU on 1/09/15. I recieved a letter in the mail from the VA yesterday stating that they need additional evidence from me. It is dated January 27th but has no indication of what evidence for what claim. It's very strange just 9 generic pages about submitting more evidence. I assume since I have my final ratings that this is in regards to my IU claim. How can I find out for sure what this is about? ??? I have downloaded all of the DBQs for all of the conditions that I am appealing. Initially I thought this was a no brainer since I have tricare and medicare part A and B and VA care. I was wrong I cannot seem to find a physician in the Richmond area that will fill one of these damned things out. Where should I go for additional medical evidence? ??? I called the OIF/OEF coordinator at the Richmond VA and said that I wanted a couple new C/P exams based on the fact that since I was in IDES my C/Ps were done nearly two years BEFORE my actual retirement date. I explained my stance that since the VA is supposedly rating me on my disabilities acquired in service it would not be relevant to use exams 2 years prior to my separation date. He informed me that I cannot as a patient request C/P exams the VA has to do it. Again how am I supposed to get new medical evidence if they wont evaluate me? The only thing I can think of is to request treatment for everything I want to appeal. This seems asinine to me as I know some of the things there is nothing that they can do it is what it is. But is this somewhat backdoor approach to medical evidence my only option?? Thanks again guys I really appreciate any help
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