sunnyh

Oh I'm fine too. Can you believe it? What if I said it takes time for things to blossom
with these damn mst claims? I mean it took me a hundred years to remember what to feel
about not feeling anything and being forced not to feel anything.
Yes, I'm talking in circles, but anyone who knows what it's like to be dehumanized
knows what 'not feeling anything' means.
I do. Do you?
We could at least agree that feeling nothing is something.

Andyman, I just noticed that Eric Gang does not list BVA privileges.
Unless you are physically located in NY/NJ and/or have a CAVC level
case, he might NOT be YOUR guy.
 
 
 

Service connection is always the same, and you need the Big 3 DOCUMENTED in your records:
1.  Current diagnosis.  It sounds like you have been diagnosed COPD.  
2.  In service event or aggravation.  Again, hopefully what you posted is DOCUMENTED in your service records.  
3.  YOu also need a nexus or doctors statement that your COPD is "at least as likely as not" due to asbestos exposure in the military service.  
By the way, if you refuse to see a doctor about this, then you wont get compensation, as this all needs to be documented by a doctor or medical professional.  "Lay statments" wont suffice, altho they could help to establish item number 2, above, especially if this is accompanied by either a buddy letter or supervisor confirming that you made gaskets from asbestos, and had to sweep it up.  

Ha ha you have an awesome sense of humor Andy. : )
I don't know if links are allowed here?
This guy Eric Gang has a youtube channel and I like watching him.
Is he 'YOUR' guy? I don't know.
When I looked for a lawyer soon after VA allowed veterans to have one,
my story/claim was also rejected by many lawyers.
My lawyer asked me 8 years ago how I found him and I said 'I got LUCKY'.
The reality was I was lucky to find anyone willing to represent me.
 
here's the attorney Eric Gang link
http://www.veteransdisabilityinfo.com/attorneys.php?name=eric-gang_163

Thought it was just me I am actually meeting with a veteran counselor tonight for marriage counseling and treatment. My wife is the only reason I have any bit of sanity I have lost all friends and most of hers because of my inability to understand when I am being offensive.

No worries Sunny. I know very little on the VA subject, but I soak up what I can from the folks here. Mostly when I can draw some relationship to my own concerns, however.  Good luck with yours!

Tbird has very good info at the hadit Home page on IMOs.

I reworked a topic I posted here some time ago.and maybe it can be found better now:


Independent Medical Opinions can often be the only way a veteran or widow can succeed on a VA claim.

VA plays a war game called the War of the Words. The proper wording of an IMO is critical to VA's acceptance of it, as probative evidence.

Opinions obtained from private treating doctors are often free yet most independent medical opinions are needed from doctors with full expertise in the field of the disability and can be very costly.


However an award can easily absorb this cost with a few comp checks or the increases in comp that the claimant might never obtain without an IMO.


A Valid IMO must contain the following:
The doctor must have all medical records available and refer to them directly in the opinion.

In cases involving an in-service nexus- the doctor needs to read and refer to the SMRs.

Also the doc needs to have all prior SOC decisions from VA ,particularly those referencing any VA medical opinions and a copy of the actual C & P results is even better. The SOC or SSOC could parse or manipulate critical statements in the actual C & P exam.

The IMO doctor should define their medical expertise as to how their background makes their opinion valid.
They should be willing to attach to the IMO their CV (Curriculum Vitae that contains their medical background and any other info pertinent ,such as any symposiums they attended, articles they had published etc etc,if possible, that show their expertise .)

A psychiatrist cannot really opine on a cardiovascular disease.

An internist cannot really opine on a depression claim.

They need to have expertise in the field of the disability you have claimed to make their IMO valid.


They should rule out any other potential etiology if they can-but for service as causing the disability.

They should briefly quote from and cite any established medical principles or treatises that support their opinion.

They should point out any discrepancies in any VA examiner’s opinion-such as the VA doctor not considering pertinent evidence of record in the veteran’s SMRs or Clinical record.
They should fully provide medical rationale to rebutt anything that is not medically sound nor relevant or appropriate in the VA doctor’s opinion.

They should then refer to specific medical evidence to support their conclusion.


They must use these terms: (VA is familiar with these terms)

"Is due to- 100%
More likely than not- Greater than 50%
At least as likely as not- 50% (Benefit of doubt goes to Vet)
Not at least as likely as not- Less than 50%
Is not due to- 0% from an post by carlie “

It helps considerably to identify pertinent documents in your SMRs and medical records with easily seen labels as well as to list and identify these specific documents in a cover letter that requests the medical opinion.



A good IMO doctor reads everything you send but this makes it a little easier for them to prepare the IMO as to referencing specific records.

Send the VA and your vet rep copies of the signed IMO.



And make sure your rep sends them a 21-4138 in support of it- you also- can send this form (available at the VA web site) as a cover letter highlighting this evidence.



PS- Mental disabilities- make sure the doctor states that you are competent to handle your own funds- otherwise, if a big retro award is due-the VA might attempt to declare you incompetent and it takes times to find and have the VA approve of a payee. (unfortunately many PTSD claims these days depend on a VA MH professionals diagnosis of PTSD and an IMO diagnosing PTSD will not be accepted by the VA. See our PTSD forum for the 2010 regs on that.

I need to add here that a secondary condition to an established SC condition wold not need the IMO doctor to read all of the SMRs.
They just have to state with medical rationale why the second claimed disabilty is due to (secondary to) the initial SC disability.

IMO docs must avoid words like 'maybe', 'possibly', 'could ' or 'might' be related to, or any other wording that VA could construe as speculative and then disregard the IMO for that reason.

On the other hand the IMO doc should look for any purely speculative statements in the C & P exam report or in the C & P and overcome those statements by stating they are mere speculation and have no medical basis.

DIC claims IMOs are different and the IMO doctor needs the death certificate and any autopsy findings and any past C & Ps as well as the entire clinical record (to include SMRs in some cases) and copies of any and all private records.
They need the rating info on the vet and what his or her SCs were for.

If the immediate cause of death is NSC but a service connected disability substantially contributes to death, the VA should award DIC.
Often this type of DIC claim definitely needs an IMO to clarify a substantial contribution to a NSC death.

1151 IMOs are different too.

The IMO doctor must identify the exact nature of the negligence with direct referrals to the med recs.
Then the IMO doctor must make a strong medical statement with a full medical rationale that the veteran has a documented disability that is directly due to the VA's negligence and give a full medical rational for that.

It is a good idea for a 1151 IMO doc to also add abstracts or citations from known medical practices in the 'standard medical community' to bolster a 1151 claim.

What I mean is showing the VA proof that non VA doctors (the standard medical community) would have taken different steps to diagnose and treat the veteran and the VA's “omission” of these proper medical steps caused the veteran's additional and documented disability.

Hope this all helps someone.

Sunny, the following caveat comes up on e-benefits when I access always:
If a new claim is submitted while an existing claim is pending, any new information will be consolidated with the pending claim. The new claim will then be marked as Complete and moved to Historical Claims with no further action required.

Sorry to hear that, get your stuff together, take your time, you have 12 months to file a NoD, buck up, you'll win in time

"The definition of insanity: doing something over and over expecting a different result". I am insane but I can't find a nexus to active duty. I am down to checking E-Benefits twice a day but I still can't shake it. Can anyone help me with a service connection?

PCW,
Thank you for the advice and encouragement, it's greatly appreciated and reassuring. I saw somewhere on the VA site where you can check claim stats by RO that there's only about a 2 week difference in average processing time for FDCs and regular claims, so your post is very reassuring. I guess I've been reading the horror stories and was afraid I might be one of those that gets kicked out of FDC and it ends up taking years. But I believe my claim to be pretty thorough, my last job did submit the employer verification form and I am currently on LTD with my employer for about a year now. My IMO is consistent with my medical records and PNP notes, I only got it to reinforce rather than contend. Also thank you for your advice about the C&P...that perspective really makes me feel better. When I went to my initial C&Ps back in 2007, I didn't know what I was going in to, but I was just me and honest as I can only be, and I felt my decisions and ratings at the time were fair and the C&P examiners seemed compassionate and attentive. However, since my conditions have worsened, my related anxiety about everything has worsened. I don't really have friends or family to talk to so it's easy to get on the Internet and freak myself out.

Sunny, Navy, Buck – thank you for your responses and advice.
I read the same about GAF scores but read somewhere that a series of GAF scores over time can help the reviewer see a general picture. Not sure what mine says, but thought I'd include it in case it ever actually mattered to anyone's claim. 
Question – Since I have my SSDI initial and PTSD increase going on at the same time, if I were to receive a positive outcome on either before the other is completed, do you think it would help to submit that result to the other agency before they make a final determination? If I were to miraculously be a first time go on my SSDI, would submitting that decision to VA kick me out of the FDC process (read that submitting additional info does that).
Thank you again for your time.

Hello all, first of all thank you to all who share your stories and advice. While this is my first post, I've been stalking the forum for months as something to do during my insomnia as I wait for my decision. I have found both comfort and education here. I was hoping for some opinions, advice, or even encouragement. I realize I'm not in the worst shape compared to others, but this process has my anxiety through the roof.
I am currently rated 30% SC PTSD-MST (total rating with other disabilities is 50%). My condition has progressively worsened, especially over the past few years. I submitted my FDC for PTSD increase and TDIU in May and it has been in Gathering of Evidence phase. All of my treatments have been with VA docs. My GAF scores average around 50. I obtained a favorable IMO to submit with my application. I haven't yet been scheduled for a C&P exam. Over the past several years I missed a lot of work, burned through my leave with sick days, was previously placed on both short and long term disability with my employer, all from my SC medical issues.
I would appreciate based on your experience and thoughts on whether I might have a good case for increase, what my rating might be, whether I might get TDIU or P&T, how long it might take for VA to get my medical records from VA hospitals, if I will have to do a C&P exam (the thought almost triggers a panic attack), or any advice on what I can do to pass the time as I wait besides chronically check eBenefits and read every single thread on this forum. I realize I have a much longer wait ahead of me, so I figured I'd start engaging here.
Thank you in advance for any help.

Hey, I saw this on Ebennies this morning...I have a current EED NOD in place since last fall, but this morning I saw another appeal that said Entitlement to EED.  What does that mean? 

Well they usually send the retro electronically and you have it in your account before your packet arrives....
Oh I've seen some big retro's over the years  probably the biggest one I seen was 70.000.00
My first retro was 10.000.00 and some change   ...we were eating bologna sandwiches  and  had 10 grand in the Bank & didn't know it...the packet arrived about 4 days later...so they send the retro to your Bank fast. ( ELECTRONICALLY )
We were waiting at the mailbox every day  (back then no ebenny's) so had to wait on snail mail...we had thought the retro check would be in the packet.

Hello everyone,
Quick update. I checked ebenefits last night and saw that I was awarded 70% for my disability. I am extremely happy that the process went extremely smooth. I would like to thank all the Vets here for their advice, without you guy paving the road I would not have been so fortunate!

Is this a 0% or 10 percent claim.
 
 
As to occupational impairment, the Veteran's mental health problems would not, in and of themselves, significantly impair his ability to obtain or maintain substantially gainful employment. He would likely work best in an environment in which his interactions with others, particularly people with whom he is unfamiliar, was limited. Having said this, it is also likely that with successful substance abuse and PTSD treatment, the Veteran would not be restricted as to work environments

If you want, and you post details, someone may try to figure out whether it was likely you get approved or not.  If you had an attorney represent you, only 10% of attorney represented claimants are denied at the Board, according to the most recent Chairman's report.  

It means you need to wait for the envelope, that they made a decision.  Rather than speculate on what it means, I suggest you do this, if you have nothing to do with your time while waiting. 
1.  Get a hobby, or persue ones you already have.
2.  Its ok, if you do something like this:  "Guess" on what your retro may be.  Lets say you are hoping for 2009 retro for 100%.  Thats roughly 30k per year for 6 or 7 years.  That would be A.
A.  Retro approved 210,000.  Now make a list of priorities you would do with the money.  
B.  Retro approved 100,000.  I just guessed at half, you can figure out, if you like..oh, they may not go back to 2009, but they may go back to 2014, when the doc said I had the disorder and it was related to service. 
C.  One year retro..30,000.  This is what happened to me..I put in for a 2002 effective date, and got one year.  There is a regulation that supports it, if you had an "increase" within a year of service connection.
D.  None.  
     I did a spread sheet, using exact numbers, deducting the benefits I already received.  I kept it to "check" VA when I did get my retro.  
     Its fun for some people, not so fun for others, "dreaming" about what you would do with that big retro or lottery check.  

This is another great example as to why you may not want to use a "free" representative paid for by your opponent.  VA "justifies" this by saying this is a "non adversarial" claimant friendly system.  This is like your opponent telling you, "he's got your back".  
Its a fundamental problem to use your neighbors attorney when your neighbor is suing you.  Do not forget that your VSO is probably getting "free rent" in his office at the VAMC or VARO, and there is no such thing as free rent.  
Why does your VAMC, who is supposed to help homeless Vets, not turn the VSO office into a room for homeless Vets?  Oh, wait, the homeless Vet isnt paying rent, but the VSO will.  How will the VSO pay rent?  Let's start by letting them read your mail to your VSO.    Next, your VSO can help VA "loose" your critical documents, just in case VA really does have "controls in place" to prevent the destruction of your critical evidence.  
Is it a coincidence whenever your VSO looses your evidence and they get free rent from VA?  Maybe.  

I noticed that VSOs use @va.gov VA email addresses. This includes many from VVA, MOPH, and AMVETS.
This means the VA has access to the messages between the claimant and the so-called "advocate." This is how close the VSO and the VA work. The owner of an email system owns all messages on that system. So the VA can read all the correspondence the veteran sends. These VSOs are puppets. The VSO is creature of the VA.
 
 

Berta,
Yes, I get SSD from SSA for PTSD for same service stressors since 2008.
My first C&P exam in 2013 said 50%.
*A VA psychologist told me the C&P examiner underrated me.
The most recent C&P exam (last month) is also
putting me on the 50% symptoms level.
* I made sure I remembered to tell the C&P examiner
that I get SSD for PTSD only when I was talking to her.
 
She put a little blurb on he DBQ about it.
 
I'd have to dig through a ton of papers I sent to VARO and sent again
when they had a scandal of destroying records and evidence.
When I was dealing with VARO myself, I'm pretty sure I sent them
my SSA award letter.
 
 
 
 
 
 
 
 
 
 
 
 
 
 

The best cure for the VA is a top down sterilization. When the CIC decides to make the VA their pet project, to make it right, the POTUS can apply downward pressure on Congress and Senate, and cabinet appointees alike, to get this done.  Any one of them who isn't jumping at the chance to help should be removed/voted from office.  Best way would be mandatory Military Service to be elected to any national office or position.  Then they, as Veteran's themselves would have their own personal vested interest in fixing the VA.

What's the Rush? The VA aint gonna. Sit back and wait for ALLLLLLL of your available information, helps to make decisions, plan out your Claim........FDC is a crapshoot, do yiurself the favor of taking your time and doing it right.
Proper
Preparation
Prevents
Poor
Performance

Obviously This is why Veterans needs to educate them self  with VA Law and the CFR's before filing a claim and make it hard for the VA to deny.