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63Charlie

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Posts posted by 63Charlie

    C&P results for PTSD, What do you think?

    in VA Disability Claims Research

    Posted

    14 minutes ago, haasume said:

                   Thank you for your replies... I tried to go back to school by taking two college courses in the past 2 years and it didn't go well, I ask my professor to write a letter stating what she witnessed and what special accommodations she had to make in order for me to get a passing grade. I submitted that letter to VA. Gov as evidence for my "claim". Let's just say the accommodations were far beyond what a normal student would receive.  VA.gov says the rater has viewed my letter from a college professor basically saying I had no chance of being successful in college due to my symptoms & I assume the DBQ from the C&P exam. My decision date has somehow gone from June 13th to April 4th. So I am guessing they have enough to rate me?? Is this good or is this bad? I wasn't ready for the VA to do something faster than expected. Normally its the other way around. 

    That evidence should carry the day.

    Ellis Clinic IMO/IME

    in IMO Independent Medical Opinion

    Posted · Edited by 63Charlie

    I just returned from the Ellis Clinic.

    I was examined for five medical conditions by Dr. Ellis.

    The IME opinions turn around time was about 1 week, from the time of my appointment until the time I received the opinions.

     

    Two of the opinions I received needed tweaking, so I gave the Ellis Clinic a call.

    I was told to fax them a detailed letter and Dr. Ellis will review the matter.

    I will be submitting relative service treatment records in support of my letter, as the clinic destroys all of the records once Dr. Ellis completes his IME.

     

    I am in the process of preparing my letter and submitting it to them.

    I sincerely hope that Dr. Ellis is conducive to making some changes to the opinions that are needed to strengthen my evidence.

    Will update results when my inquiry is complete.

     

    Anyone who has had this type of experience is welcome to share their experience and state whether it ended satisfactorily.

    Any Florida people and others in other states

    in Medication – Prescription Drugs-Health Issues

    Posted · Edited by 63Charlie

    On 3/1/2019 at 12:03 PM, rflo1 said:

    63charlie, I had the same exact thing happen to me on the same 9lb hammer. My BP went to 220/160 and I went to ER. I ended up researching it and found out that Trulieve had used a Sativa plant to make the 9lb hammer which is supposed to be Indica strain.  I now refuse to use any concentrates, I only buy the vape cups which contain the actual plant. I was wondering when this happened to you, maybe it was the same batch. They are going to end up with someone having a heart attack and dying if they don't manage their product better. I believe the dispensaries in Florida are only interested in selling recreational mmj. The Indica weed is supposed to be the best for pain, anxiety and medical problems. The Sativa seems better fit for party mode. Yet, they don't produce the Indica strains. For example, Trulieve has 9 Sativa strains and only 1 Indica strain in the vape cups and it is more expensive. Time for me to start growing my own. Thank you for your service, hope you can find some relief.

    Mine too was the 9 lb Hammer concentrate from Trulieve dispensary in Edgewater.

    It is actually a Hybrid of Sativa and Indica strains if my bad memory serves me. I may be wrong.

    now they are finally selling the bud in Florida. still scared of it after what I went through. I have bad anxiety and not sure if I will benefit using medical cannabis

    happened maybe three years ago.

    Complicated Attorney's Fees...What is the max percentage I must pay?

    in VA Disability Claims Research

    Posted · Edited by 63Charlie

    I will always believe a veteran should be proactive in prosecuting claims for benefits.

    Don't make the mistake of sitting back and thinking an attorney will do all of the heavy lifting.

    I have discharged three attorneys.

    The first two attorneys waived their fee agreements.

    The third attorney, who once represented Broncovet,(he and I have spoken about her), would NOT waive her fee agreement.

    When I tried to hire other attorneys, I found it impossible.

    Unbeknown to me, this former attorney was falsely informing the potential attorneys that I had fee agreements with three attorneys.

    This prevented me from being able to hire another attorney.

    I guess she wanted all of the fees for herself to pay for her Mercedes.

     

    I had to send my current attorney a copy of the fee agreement waivers to disprove the former attorney's allegations.

     

    Does an in-service diagnosis qualify as an event for direct SC?

    in VA Disability Claims Research

    Posted · Edited by 63Charlie

    Most C&P examiners are akin to government prosecutors. 

    They usually look for a way to deny claims, just as government criminal prosecutors seek convictions any way they can get them.

     

    I was told by one C&P examiner,currently employed by a contractor, that she was trying to get hired by the VA.

    Would you venture a guess as to what the outcome of that C&P exam was?

    And another thing ...she was telling me during my exam that it should be no problem establishing service connection for my claim.

    All the while she was creating an opinion to deny service connection.

    If I were her professor in a course of Creative Writing, she would have aced the class.

    She might have had a much better career in Hollywood as an actress.

     

    Unfortunately, like prosecutors, MOST C&P examiners do NOT use any favorable evidence in the claims file to help veterans win claims.

     

    The VA has deep pockets with hordes of doctors eager to write unfavorable medical opinions to prevent service connection, and to lowball ratings.

    For me, I've got to pay to play, if I want to win, otherwise the VA will steamroll me on the nexus, and also on the level of impairment.

    As for having an in- service diagnosis, here is an example of  C&P examiner's favorite rationales : "There is no nexus established as the condition was only acute, and there is no established chronicity of symptoms in service, or within one year after active service"

     

     

    Does an in-service diagnosis qualify as an event for direct SC?

    in VA Disability Claims Research

    Posted

    The VARO raters do what they want when it comes to denials.

    I presented STR of toe nail surgery for ingrown toe nails.

    Rater said no records of treatment.

    Then,they  changed my ingrown toe nailsl claim to AMPUTATION OF TOES.

    I sent an IRIS for correction but they won't fix their mistake.

    If you feel disgruntled because the VA doesn't make good decisions...you must keep your expectations low.

    One more reason to not use VA health care if you are seeking disability benefits.

    in VA Disability Claims Research

    Posted · Edited by 63Charlie

    "Given that we are having more and more compensation seeking veterans, I'd like to suggest that you refrain from giving a diagnosis of PTSD straight out. Consider a diagnosis of Adjustment Disorder, R/O PTSD." - says the VA physician.

     

    If one files a claim for PTSD, one will have a big hurdle in front of them.

     I doubt C&P examiners will diagnose a veteran with PTSD after they review the claims files and find that treating VA mental health doctors have ruled out a PTSD diagnosis.

     

    Good luck finding the pot of gold at the end of THAT rainbow.

     

    Reminds me of my medical care in the Army.

    Had a strep infection that went untreated by an Army P.A.

    He diagnosed "flu-like syndrome" (AFTER the throat culture tested positive for Strep).

    Discovered this same fellow's most recent occupation is providing contracted C&P exams in California.

    Figures.

    Ellis Clinic IMO/IME

    in IMO Independent Medical Opinion

    Posted

     

    14 hours ago, wood78221 said:

    They have to consider it by law, as long as it’s reasonable. 

     

    Raters often fail to consider all types of favorable evidence.

    It makes their job easier to deny claims.

    That is why the BVA is clogged with appeals.

    If a rater grants a claim, then the rater has managers(VSCM) at the RO breathing down their necks.

    There are rules within rules in the ROs that are NOT on the books anywhere.

    Just the way they play the game, at manager's discretion, not really rater's discretion.

    Claims

    in VA Disability Claims Research

    Posted · Edited by 63Charlie

    I filed an 1151 for a spine claim.

    The decision was deferred as the RO decided the claim needed more development requiring a medical evaluation.

    I never got a C&P exam or anything.

    A RVSR at the RO decided that I didn't need that medical opinion after all, and subsequently denied the 1151 claim.

    This rater decided that SHE was qualified to make a medical determination on her own without involving a medical professional.

    I filed a NOD and am spinning in the Appeals Management Hamster Wheel approaching 4 years.

    Therefore, my personal approval rate is 0-1.

     

     

    Is this a bad thing?

    in VA Disability Claims Research

    Posted · Edited by 63Charlie

    8 hours ago, Buck52 said:

    63Charlie

     Did you show a loss of hearing? you can get hearing loss service connected at 0%  then has your hearing worsens  file for increase.

    Tinnitus is related to hearing loss  any type hearing loss.

      Noise Induced hearing loss is when you hear loud sudden noise  weapons fired , IED, Rocket/Mortar fire' AIRCRAFT NOISE/machinery  ect,,ect,, if you were around loud noses while in the military  you need to claim Noise induced Hearing loss.

    If you were 63B-20 Wheel Vehicle Mechanic, Back fire Noise will cause your hearing to go bad 63-C 20 tank Mechanic  any kind of loud sudden Noise, but it takes time to lose your hearing   years and years /THERE IS REALLY NO SET TIME FOR HEARING LOSS IT JUST HAPPENS OVER TIME WHEN THE INSIDE OF THE EAR DRUM IS DAMAGED DUE TO THE LOUD SUDDEN NOISE  & eventually it will get worse a lot worse  , so even if you showed no hearing loss at time of separation, you can still lose your Hearing over the years and get it service connected and a rating giving  using the Noise Induced Bilateral factor  you just need to be given a honest hearing test.

    After service connection is established then this is when hearing loss is some what easier to get a rating...but keep in mind Hearing loss needs to be pretty Bad to just get a 10%   or 50% you need to be damn near deaf  according to the VA hearing loss criteria.

    You may need to get a  State Licenses certified Private Audiologist to re test your hearing and use the VA Guidelines using the Maryland CNC  CD word discrimination test, both ears to be tested and one ear at a time. ask the Dr to write you up his/her professional  medical opinion connecting the Bilateral noise induced hearing loss TO YOUR MILITARY DAYS.

    ''stating  the Dr opinion is likely as not caused by your military service from your MOS or what ever loud noise you were around during your military term as active Duty. (what ever loud noise you were around?)   even the rifle range can cause noise induced hearing loss.

      Most military installation do not provide hearing protection.  if they did  it will be documented./THEY MAY HAVE HAD THE EAR PROTECTION ..BUT MOST OF THE TIME THEY NEVER BOTHERED TO GET THEM OUT AND SUPPLY EVERY SOLIDER WITH THEM. ..This is the US MARINES /US Army .US Navy, or US Air Force /and US Coast Guard.  even weekend worriers   National Guard. 

    My final separation physical showed low frequency hearing loss.

    I had ear pain.

    I had dizziness.

    I had multiple significant threshold shifts at low frequency.

    A chronicity of symptoms relating to Menieres Disease, without a diagnosis, is shown in my STRs spanning 1.5 years of my two year stint active duty as a M113, APC, tracked vehicle mechanic in mechanized infantry.

    I am service connected for a chronic condition called allergic rhinitis that, according to the Merck Manual, places one at risk of acquiring Meniere's Disease.

     

    The Army PA that did my separation physical was a devil.

    He was my treating physician in Germany.

     

    In BOLD letters on my medical records jacket, it was shown I was ALLERGIC TO TETRACYCLINE.

    And the drug allergy was noted in the medical notes by different providers when I was treated for allergy symptoms prior to treatment by the PA in Germany..

    The PA prescribed tetracycline for me and I became very sick.

     

    The Army had previously prescribed Spenco arch supports. I had multiple past chronic complaints/treatment for foot and ankle problems that were not mentioned on the separation physical.

    The PA didn't examine my feet or he would have known I was wearing arch supports in my combat boots, dating back to boot camp.

    We had no running shoes back in 1979 and the infantry loves to run.

    I had posterior tibial tendon tendinitis due to overuse injury from running, but that condition was never diagnosed.

    My arches were falling and my feet were getting wider/flatter as my combat boots became uncomfortable as they were no longer the wide enough.

    Flat foot was never diagnosed in service but I received treatment for it(arch supports).

     

    That is when I started to acquire ingrown toenails on my big toes and had surgery(toe nail removal/wedging) for those. Not noted on my separation exam.

     

    I had a weight lifting injury in AIT where I injured my spine. No xrays were done for my injury. There was no mention of this spine injury on the separation exam.

     

    I had medical treatment for anxiety and depression, also not diagnosed, that was not noted on the separation physical.

     

    My hearing loss/threshold shifts on hearing tests were not noted on the separation physical either.

     

    Neither were my lung field calcifications , bilaterally, noted by the PA on the separation physical. I never smoked.

     

    I contracted beta strep that was allowed to progress untreated without being prescribed an antibiotic regimen for about a year while this PA kept diagnosing me with flu-like syndrome as my health deteriorated.

    I found the record where the PA  signed off on  positive strep throat culture results that showed beta strep yet he never diagnosed it or timely treated me for the strep infection.

    My chest continued to hurt, I was wheezing, and my pulse rate became rapid, and then  finally my blood pressure elevated to 185/105.

    I started having kidney problems, residual of strep, look it up.

    That is when this  PA decided to put me on Ampicillin, this being about a year later after the strep onset.

     

    This is all in my STRs.

     

    As I was overseas , I had no access to outside civilian doctors.

    I was at the mercy of Dr Jekyll.

     

    I didn't know anything about disability benefits when I left the service.

    Now I know why the separation physical didn't document my medical problems.

    My separation exam was basically a big old F U.

    Had I had a diagnosis in service for these conditions, it would be so much easier to establish a nexus for service connection.

    VA doctors have pulled this same crap on me by treating symptoms but not diagnosing the condition they are treating.

    They too know that a claim requires a diagnosis of a condition.

     

    Is this a bad thing?

    in VA Disability Claims Research

    Posted · Edited by 63Charlie

    16 hours ago, vetquest said:

    You will have to wait and see if they are going to declare the Menieres service connected.  If they do, good.  If they do not I would say they are doing a number on you.

    Since it appears the RO combined the recent Menieres claim with a three year old APPEAL for hearing loss/tinnitus, I will consider that a denial of my Menieres claim.

    I'm certain this has gone the way of denial as most of the other claims.

    Waiting on the letter to come in the snail mail.

     

    The VA will ignore my probable evidence for service connection, and use bad C&P examiner's opinions to build unfavorable evidence to deny.

    It is a well established pattern I am all too familiar with

    .

    I'm opting into the RAMP, or whatever the new system will be called, and take my appeals directly to the BVA.

    I will be much happier without the so-called duty to assist at the RO level.

     

    I will fight back with multiple IME opinions.

    I can't let them steal from me and get away with it.

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