Jump to content


Master Chief Petty Officer
  • Posts

  • Joined

  • Last visited

  • Days Won

  • Donations


Everything posted by vetquest

  1. I went to the BVA the first time and won with the help of the NCOA. Ten years later I went to the BVA again and decided to hire a lawyer because the VA was playing fast and loose with the laws and CFR's in my case. Only you can make this decision but know that the service organizations are usually busy and can not always give you the time a lawyer can, it just costs you 20% of your award usually. I do not believe we should have to hire a lawyer or get expensive IMO's but sometimes that is what it takes. It's a lot better than the old days when we could not hire a lawyer by law. Those were some dark days.
  2. I had an appointment last week at the VA for a second shot of two. I kept the appointment because they were open and I did not want to get the first shot again. We have quite a big annex and they were there, except there were few vets there. I also had an appointment with my psychiatrist through Facetime. Things are really strange out there.
  3. I would go with broncovet's advice and file now and not wait. Your claim might take a while and it might not be done before you need the surgery. Waiting only costs you money.
  4. What killed you is this statement. You are looking for the following language for the specified rating. Compare the 70 percent rating instructions and the 50 percent instructions to what the examiner wrote. If you want to move up in rating you will most likely need an IMO that refutes what the VA examiner said about you. Occupational and social impairment, with deficiencies in most areas, such as work, school,family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical,obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively;impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships...................... 70 Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships........... 50 Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events)........................................... 30 Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication............... 10 A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication ..10
  5. From what I have been hearing the stimulus monies are taxable.
  6. I agree with Vync. We need to raise hell about this and prevent the VA from making things harder for vets. They claim to be doing this formerly due to veterans outside of the states, I believe them about as much as I believed the VA when they first denied my claim.
  7. You can find many different kinds of diaries on the net. Your diary carries weight if it is added to your medical records. It is your self reporting of your migraine condition and is considered important evidence unless you impeach yourself by being caught in dishonest reporting. I say this because I had a doctor try to impeach my evidence but he was shot down, they may try.
  8. I have an appointment for a second shingles shot. As I understand if they postpone it for too long I need to start over. Such is life in the biggest medical crisis in my short time here on earth.
  9. Put gin in it and I will try, I will tell my wife it is the cure and maybe she will let me start drinking again.
  10. Good letter, it touches all of the necessary information except where it says the doctor read the pertinent parts of your service record. I have always been advised to say the doctor has read all of your STR's.
  11. I have that but when you are given 100% disability you are supposed to be 100% unable to work under the VA's own regulations. They instructed me when I got 50% that I was considered to be 50% unable to work and that I still had a 50% ability to work. When I got 100% it was supposed to be that I was 100% unable to work. That is why it is so hard to get 100%, supposedly. Then they make 100% veterans able to work. As I have said it before I do not get it but maybe we are not supposed to understand the VA.
  12. I am receiving VA disability and Social Security concurrently. Your friend is in a special situation though in that SS is paying for his wife's medical care. I would take hamslice's advice and see about consulting a family planning lawyer for one visit. It is always better to have professional advice when your situation is unique.
  13. @Richard1954, that is a bummer to hear. I hope that you get to spend a few good years with your wife. God Bless and God Speed.
  14. I have received good service at the VA before but I have also received service that would make your toes curl. I am one who tries to get most of my care off the VA campus in that I have Tricare. I have run in to some neurologists at the VA that would tell me thank-you for your service as they twisted the knife. After reading their notes I knew I would never see them again. Funny thing is they were probably doing that to everyone because for some reason the Johnson City VA closed it's neurology department without explanation. As for the mental health at the VA I have received pretty good care while an inpatient. The only thing I can complain about is that the VA diagnosed me with every mental health condition under the sun (about eight) they could before declaring I had PTSD.
  15. Good answer by broncovet. Your case might be done by now but you need to wait for the actual envelope to know the outcome. Otherwise we are all just guessing.
  16. As the others have said it takes the VA as long as it takes the VA. We have all been through it. Once you have filed and submitted all relevant information try to get a hobby to take your mind off of your case. It will drive you crazy otherwise. Appeals to the BVA can be completed in a few years to more than ten. It is a long journey sometimes.
  17. @FINAZ57 You might get it after a trip to the BVA. You never know until you try. As for lawyers, I would interview a few of them and see which one appears to match up to you best. Some will deny your case and others will take it so do not get discouraged until you have tried several. Good Luck.
  18. I filed an NOD for an EED several years ago and had the VA add an increase for my neuropathy. I am not sure why they did this in that they did not deny it or approve it when they awarded my EED. The VA operates in some strange and trying ways sometimes.
  19. OK. I hope that you can get to this doctor and have him write up a DBQ. Since he knows your history and has seen you have you contacted his office to see if he can do a DBQ from his records without seeing you. I now understand your other question better now. Since he has seen you and treated you he should feel confident doing a DBQ without you there. If he is not than that is a pickle. If he is not willing to do a sight unseen DBQ can you afford to see him? I know that taking a thousand or more dollars and travel is a pain but it would be worth it if it brings you to 100%. I had to spend $2500 getting my two IMO's from a doctor but got a little over $100K back in benefits using the IMO.
  20. OK, I misunderstood. Have you found a doctor to do a DBQ? It is a good thing to have at the Board, when you have one doctor that says you do and another doctor that says you are not SC the tie goes to the veteran.
  21. You are right about the first one. The second one is doubtful, BVA decisions are looked at as non binding decisions, unlike Court of Veterans Appeals cases which are binding and precedence. You can include BVA decisions where they are most like yours. I did this once in an appeal and it did me no good. What is most important is what your doctor writes in your nexus letter as far as medical precedence. Medical reports in publications are peer reviewed and carry weight. What I would get out of BVA decisions like yours are the COVA references that might apply to your case. Case in point is where a veteran is appealing an EED for SMC. He would cite the reference where the VA is supposed to give the veteran maximum benefit. "Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); AB v. Brown, 6 Vet. App. 35, 38 (1993); see also Bradley v. Peake, 22 Vet. App. 280 (2008)."
  22. Awgv001. I understand that you are in the process of a remand right now. A little good news, if you disagree with the remand you can write a statement and appeal to the BVA again. You keep your first date and jump to the front of the line at the BVA since your case is a remand and carries the original date.
  23. Yes, the doctor is testifying that they have examined you and your records in the DBQ. I guess it could be done as a forensic review but I have not myself personally had one or known one other than Berta's.
  24. Thank-you Tbird and buck52 and broncovet. When I found hadit I was in the middle of applying for TDIU for a disability that caused my early out from service some twenty five years prior. I had already won some pretty close fights but was now dealing with a VA that stopped following the CFR's. It took ten years but I was at 100% and SMC S. I have learned how to fight the VA and how to help others that come later, and some that have gone before. But we at Hadit must also remember Asknod. With his guidance I won an EED claim that encompassed ten years of backpay for SMC S. Thank-you one and all.
  • Create New...

Important Information

{terms] and Guidelines