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vetquest

Senior Chief Petty Officer
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Everything posted by vetquest

  1. Yep, the C&P's are stressful, I think the waiting is about as stressful. Hang in there and let us know how it is going.
  2. Richard, you said "I have never seen the VA go back and re-rate something that was not requested by the veteran." I am in exactly that position. I requested an earlier EED on my TDIU condition and they decided to reconsider my neuropathy rating. It is at the DRO level and I am curious to see if they are going to try to reduce me. I do not believe in the "don't rock the boat attitude" but never put anything past the VA. This is the same RO that tried to sever one condition and reduce another when I was in appeals for a higher rating.
  3. I know that the VA sometimes piles on when you appeal an EED. I filed for an EED on one disability and they added a reconsideration of my neuropathy. Maybe they are trying to punish me for asking for an earlier EED? I do not trust the VA to perform a fair evaluation when they start deciding to reconsider some of my disabilities. The good news is that it is neuropathy that they are reconsidering and neuropathy does not get better. That does not mean that they will not propose to reduce me though.
  4. Do you have any combined disabilities of the arms or legs?
  5. It looks like the VA is finishing the remand before they release any funds on award. This is not supposed to happen and they are supposed to expedite the remand but that is a joke. If you have a lawyer ask them to file a writ of mandamus. That is how I got my case finished.
  6. I do not remember how I found Hadit, it was by accident. I had been dealing with another veterans site but it had administrators who were VA employees and if you challenged the way the VA handled claims they piled on you. I had one tell me that my conditions were the most common faked conditions. I was not very happy with that site. I have found a wealth of knowledge here at Hadit.
  7. This cannot hurt you to do this. I kept a pain log for six months and turned it over to the VA.
  8. You say you have recently filed for IU. Where is that case at this point? I will also echo broncovet's recommendation to get your cfile. It contains all of the information on your case and all examinations for your case.
  9. If you look up veterans benefits attorneys you can find them by state or locality. I worked with a law firm out of Virginia that had several attorneys and many paralegals working for them. I was not able to meet with the attorney but I was given a phone consultation and told that they would accept my case. Find one willing to work with you, not someone who wants you to look pretty and be quiet. My attorney did not want to handle my appeal for neuropathy but relented after I did a write up on it. I won SMC out of that.
  10. I find it interesting that you requested disability for headaches in 1980 but I see no C&P referencing this. I would pursue this, while it is only a 50% disability at the max. As for the other conditions, dementia and PTSD I believe they are combining the two as psychological disorders, which they can do. While there is complaint of issues with the nerves in the arms I see that the VA has performed negative tests. I would see if you could get these tests redone at this later date as sensory neuropathy can not be determined by NVCS until it has progressed. I had this same problem. I knew something was wrong but no test would prove it until I have become much worse. Therefore ask for new nerve conduction studies. I wish you the best of luck with this.
  11. I know it is tough but wait for the BBE. If you get really desperate you can check under Vets.gov and check to see if the claim is closed. It will usually tell if the decision is granted or denied.
  12. Gotta love the VA. My exam for new medication was completed and two weeks later the VA called to reschedule me because they said I did not show up for the examination.
  13. Look up doctors in your area that perform IMO's. The first place to start is: https://www.imenet.com/search?utf8=✓&search[query]=&search[specialty]=&search[location]=34&commit=Search&search[kind]=normal http://www.independentmedicalexaminer.com/search.asp?appSession=87WLB7S0VHBSF0EGR4W41C67H0ON202UC9U739X3N84SL419MV5Q4R2SGSF310O9IR1F2150406NDFQKM423L9PFZR06902LXIAND84T6E8V2VQY1L4E0708579ZD13H https://www.jurispro.com/search?search=north+carolina&_token=jAIGSWyFE6RtztOT1GbrqkNJWoIZOun46fnlrn7g
  14. I have an abnormal gait due to neuropathy and a broken ankle. That does not figure in because I receive disability for the neuropathy and my broken ankle is not service connected. If you are receiving disability for the condition causing the abnormal gait it is considered covered. That is until the abnormal gait causes something like knee problems or the like.
  15. @firedog974, what company are you using? It sounds like something to tell other veterans to watch out for.
  16. An EED (earlier effective date) appeal will usually go before the BVA. You need to provide evidence to show that the EED is valid. Usually the BVA provides much more weight to your case and evidence than the RO. My appeal took five years but that is quick now a days. A lot of veterans hire an attorney for their appeals, I did. They get twenty percent of your award but that is better than 100% of nothing.
  17. It sounds like you need a forensic IMO. They would need to review your service records and VA records and state that they did than and then provide a nexus between your service and current chronic condition. This is a high hurdle to make but it sounds like your only option. I looked for local doctors that did IMO's and found a neurologist that performed two IMO's for me. It is expensive unless @Buck52 or @broncovet can offer something else it looks like that is your only route.
  18. You might be able to apply for service aggravation if you were accepted with flat feet and it became a problem after acceptance. You will need a record of treatment in the military noting that it has become worse or aggravated by your service. Evidence of a chronic current problem. And a nexus between your service and your current chronic condition.
  19. What you are looking at is an appeal for EED. If your case was before BVA there is not much chance of winning. If your case was at the RO I would appeal to the BVA. I will go out on a limb and say what the VA is stating is that your disability could not be verified until the date of your last C&P. They did this to me on a claim for PTSD and I won on appeal to the BVA. They can and do use this to avoid paying backpay when a claim has taken a considerable amount of time for them to get their act together. It should not be right that they use the date of your last C&P and they can get away with this if you let them.
  20. If it is a genetic disability you would probably not have any luck claiming it unless it is aggravated by your service injury. If you have no service injury it would be a long shot.
  21. Broncovet provides some really good advice here. I wish you luck and hope you get off of TDIU and make a great product.
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