MKAH

Yes sir, I have been looking at the letter generator and my bank account, based on the advice I have received from Hadit members. It still shows the old percentage and no commissary letter option (in the event it is ruled as TDIU to 100%).

HI GBArmy, Yes sir, I have been looking at the letter generator and my bank account, based on the advice I have received from Hadit members.

Thank you for your reply pacmanx1, I really appreciate it. I'll make sure and keep everyone posted as this process develops and I hope that information will be useful to other veterans.

Now that I have processed this a little bit, I looked at VA.gov again and see the last timing event in the claim history sceen of VA.GOV: Disability compensation appeal updated on July 10, 2020 Status: The Veterans Benefits Administration granted your appeal Issue on appeal: Service connection, Post-traumatic stress disorder Submitted on: September 20, 2016 View details But unlike the other historical claims which have been completed (for better or worse), I do not see the notice: "We sent you a decision letter" I wonder why that would be?

I am speechless, and grateful that you finally got to the other end of the tunnel. Your perseverance is simply incredible. Thank you for sharing this terrific news.

Thank you Toddt, It's my understanding that my attorney (Woods & Woods) will file for TDIU if it has not already been done by the VA. I have not been able to work since January 2016 which is confirmed by the social security earnings website and my past tax returns. With the new SC of PTSD, any percentage other than 100% (which I will not get), I can only reach 90% "scheduler" (I hope I am using that "term" correctly)? Interestingly, I thought I would be happier with this great news, but I continue to feel like a second class citizen (former soldier) , beat down and tired. However, I would have been psychologically crushed if I had been denied again, so I suppose I should just suck it up and be happy with the result. With continued mental health treatment, I hope that someday I feel just a little bit better than I have for the past 40+ years? One thing is for sure, the support and friendliness from members of this board have had an incalculable positive impact on my life. In particular, TBird, who years ago helped me navigate my way to the crisis hotline which likely saved my life. Thank you Toddt and all the fine members on this board. (Oh...perfect...now I'm crying my eyes out...good grief..)

Hi everyone, I just looked at VA.gov and this is what I see: Appeal received September 2016 Up to date as of July 11, 2020, at 9:00 a.m. ET Status Closed Granted Service connection, Post-traumatic stress disorder _________________________________________ The Veterans Benefits Administration granted your appeal The Veterans Benefits Administration agreed with you and decided to overturn the original decision. If this decision changes your disability rating or eligibility for VA benefits, you should see this change made in 1 to 2 months. This appeal is now closed ________________________________________ However Ebenefits appears to not yet been updated as see below. You have a 80% final degree of disability. Rated Disabilities Disability Rating Decision Related To Effective Date tinnitus 10% Service Connected 03/08/2011 migraines (previously addressed as headaches) 50% Service Connected 08/01/2017 bilateral hearing loss 50% Service Connected 02/11/2016 sleep condition Not Service Connected post traumatic stress disorder (PTSD) Not Service Connected PTSD - Personal Trauma ______________________________________________ I would expect that should happen soon and I will then be able to view the new percentage?

Thank you broncovet. That's great information.

Hi Christie, Sorry I did not reply earlier as I did not have notifications enabled for this thread. "so you got your money from the VA itself and it wasnt sent to the lawyer first and then they issue it to you?" Yes, that's how it worked for me. Immediately after the Regional Office determined the % of disability the the BVA judge had ruled was service connected, Woods and Woods filed two comp and pen claims. One for the 20% of the award (which was approved and paid directly to Woods & Woods, and the other one (which has not been decided yet) that has the vague description of "Due Process". I am guessing the "Due Process" claim is for Independent Medical Opinions, Mailing costs and other Doctor interviews, records review and examinations. However, I did get a bill from Woods and Wood detailing Independent Medical Opinions, Mailing costs and other Doctor interviews, records review and examinations, which a gladly paid. My current open claim (PTSD) filed 11/14/2014 was ultimately appealed to the BVA, and then remanded back to the RO for a C&P that the RO never performed prior to my denials. That BVA remanded C&P happened on 8/9/2019. This C&P was in support of service connection at a disability level which appeared to be the 70% tier. Then recently (about six weeks ago), the RO requested that the same C&P examiner perform a "records review". But I do not know what portion of the records are being reviewed or why. Woods and Woods explained to me that even though the C&P was in certainly support of SC, the RO could and often does deny SC connection based on the combined information. I believe if SC is denied by the RO, the BVA judge will have another look at the appeal to make the final decision? My hope is that this claim will be decided one way or another by the end of this year. I see that your are 100%, are you able to share that process? Thank You

Hi broncovet, So I'm correctly understanding you to say, that my "C&P" and possibly the "records review" will eventually go back to the BVA for the ruling, then the BVA judge will say yes or no. Then back to the RO for the percentage of disability if determined to be SC's, otherwise an SOC explaining why it was a no? I'm with you, this seem like a redundant and convoluted process. But I really don't have even a basic understanding of how this all works so, I shouldn't complain too much. Thank You

OK, got it. Thank you pacmanx1.

Hi everyone, I have a PTSD claim that eventually went to the BVA on appeal. The law judge remanded my claim back to the RO for a C&P, which happenedd roughly a year ago. Then a few months ago the RO ordered a records review by the same C&P examiner. If the RO determines my ptsd claim is service connected, do they send it back to the law judge for further review, or does that only happen if they rule it not being service connected? Thank you

Thank you Buck52, I will wait to see what happens and use your advice to guide me. As for the SSDI, I was approved back in 2016.

Broncovet, I appreciate the time and insight you put into your detailed answer. Thank you (and everyone else on Hadit) very much.

******** I'm keeping this question in this thread so it's easier to follow everything. ********* In looking over other comments regarding C&P evaluations that are RECORD REVIEW (the kind where veteran does not have to go to an exam) most if not all of the comments pertained to what a RECORD REVIEW is. In my case, I got a letter via FedEx about three weeks ago from the VES and the RO is having the same outside civilian Psychiatrist (PsyD) that conducted and wrote my C&P, perform a "record review". This leads me to believe that someone at the RO is currently looking over my claim so they can either deny it and send it back to the BVA, or approve it and assign a rating? Is this a reasonable conclusion?

Funny you mention that, LOL. This may make it difficult to determine the specific cause of a given problem. The VA medications I take (as many other veteran do) have a wild variety of mild to terrible side effects, that span every possible thing that could ever happen to a person. I am pretty sure its largely a liability damage control strategy, but I have personally experienced many of the side effected described. To name a few, Worsening symptoms, Vertigo, Suicidal Ideation, Headache, Sexual disfunction, Blurry or vision changed, Sore muscles, Lack of energy, Insomnia, Tinnitus, Negative interactions with other drugs and alcohol, Violent behavior, weight gain/loss (mostly gain), Nuts fall off, ect.. ect... Like they say, I you gotta consider the side effects vs the benefits.

Yes, I wrote a spreadsheet to calculate retro pay which includes cost of living increases, date of claim(s) less current and historical payments and the agreed 20% legal fee cost which was sent directly to Woods & Woods. For the headache claim, it my retro award was accurate within a few bucks of being in balance with my spreadsheet. I didn't mention it, but my recent headache claim detailed the 50% award and also said; "An Extra-schedular evaluation was considered, but did show an exceptional or unusual disability picture with such factors as marked interference with employment or frequent hospitalization....bla bla bla." My attorney wants to wait until the PTSD claim is decided and rated and file an appeal for TDIU on the PTSD claim as it has a much older filing date. That is, if the PTSD is SC, other wise probably file for TDIU on the combination of current SC disabilities. So I am following those directions.

GBArmy, Interesting development. When I was recently awarded 50% headaches due to tinnitus, the C&P examiner said that she would also be adding language in her report detailing that my Vertigo (which keeps me from driving - the DMV based on VA reporting suspended my license due to frequent falls). She said that she believes my hearing loss and tinnitus in particular, are significantly contributing to my vertigo. The only problem I see with, is I think this would be considered what I believe is called "stacking" secondary disabilities. I am already SC for headaches due to tinnitus, so I don't think the VA allows tinnitus to be the cause or contributor of another disability, eg; Vertigo? I may be misunderstanding this though? Hopefully someone with more experience in this matter can weigh in? Thank you again.

Thank you Pacmanx1, I will hold tight for the decision letter and see what happens. The REMAN PTSD C&P was last summer (prior to my headache award) and now that the RO has the same Dr. reviewing my records again I feel like my case may be reaching a conclusion? This process has been so long and difficult, which makes it great to have this forum to correspond with fellow veterans.

Hi everyone, I am currently SC at 80% Tinnitus 10% Hearing Loss 50% Headaches 50% = 78 rounded up to 80% I have not worked at all since Jan 3, 2016 due to my SC disabilities. I have a PTSD REMAND pending at the RO with a C&P on 8/9/2019 that contains line(s) that specify, OCCUPATIONAL AND SOCIAL IMPAIRMENT= [X] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood It is my understanding that this level of ..impairment.. may fall into the possibility of 70%, but not necessarily a slam dunk by any means? ...OPINION AS TO WHETHER IT IS AT LEAST AS LIKELY AS NOT (50 PERCENT OR GREATER PROBABILITY)...= It is at least as likely as not (50 percent or greater probability) that the veterans major depressive disorder and obsessive compulsive disorder were incurred during, caused by or are otherwise related to his active service. I got a letter via FedEx a few days ago from the VES and the RO is having the same outside Psychiatrist (PsyD) that conducted and wrote my C&P, perform a "record review". This leads me to believe that someone at the RO is currently looking over my claim so they can either deny it and send it back to the BVA, or approve it and assign a rating? My guess.. The question: Lets say by chance, I was approved and received a SC PTSD rating of 70%, this would bring me up to 94%, rounded down to 90%. Will the RO automatically consider an Extra-scheduler evaluation or TDIU during this rating process, or will I need to apply for that if and when the time arises? Sorry for the long winded question, but I thought the explanation may be useful considering how close it would be to 100% Scheduler and the significant problems associated with serious hearing loss, serious headaches and serious PTSD. Thank you very much.

Thanks Buck52, I'll take a look as I have my C-File on a disk in PDF format. The only thing I noticed with the data on my C-File disk, is it is not all searchable like most PDF documents are. I have the feeling that some of the information, at some point was scanned to maybe a JPG file, then later saved to a PFD file?

My military medical records are mostly lost forever. The only notable things I can personally verify that occurred during my enlistment, while serving in Germany assigned to an 8" Howitzer Battalion, is hearing loss, tinitus & severe headaches.

I called the 800 number and spoke with Peggy about my updated claim (4/18/20 and no receipt of envelope or direct deposit. Peggy said three sperate deposits were waiting for approval and that the envelope was being mailed today (4/27/20). Peggy gave me the amounts of the deposits and they are within about 100 bucks of my back pay calculation less a 500 dollar outside doctor opinion and attorney fees of 20%. So my impression is that the VA Regional Office has paid my attorney fees including the attorney arranged doctors opinion, directly to my attorney. Is this the normal process for paying legal counsel, or am I totally overthinking this process? (sounds like a really great idea, I was just wondering).

Killer headaches in conjunction with mental disorders are a real problem for sure....as I am a member of that club. A BVA judge determined the service connection for my headaches, then returned my claim to the Region Office who then hired a contractor to do the C&P. I wish you well sir.

Hi pacmanx1, Yes, I have been drawing SSDI since early 2016 for PTSD and went thru a CDR at the three year mark. I am not sure if stupid people bother me more than unpredictable people though. :) Thank you for the suggestions.