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vetquest
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Posts posted by vetquest
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As Brokensolider stated, if you miss the examination you will most likely be denied for that condition. If you have any medical evidence file it with the VA but also make copies and take that to your examination. Some examiners will not accept records but some will. It ensures that the examiner sees your medical records without having to look through your C-file and miss important facts. Sometimes the VA does things in redundancy and it is frustrating but we have to play by their rules. As for the claimed injuries that the VA has not requested a C&P for; the VA does not always do a C&P when they believe they have enough information to decide the claim. Check your decision and make sure that they rated these injuries and have not done a silent denial.
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10 minutes ago, Vync said:
It makes me wonder why the VA doesn't proactively explore the possibility of an EED. It seems that the veteran nearly always has to do this. The problem is most veterans may not have any idea how valuable an EED is.
I never knew the value of an EED myself. I believe the reason the VA does not do this is for cost savings. The same as delay and deny. In my EED case the VA saved $40,000 by giving me an EED that was not at the time of disability and I am still fighting it.
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@paulstrgn, see if you can get a new mask. I had leaking problems before and got issued a new mask and headset that eliminated leaks where previously the CPAP was not working due to leaking.
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5 hours ago, Dustoff 11 said:
Of course the maximum rating for Anxiety may be less than PTSD
The maximum for PTSD and anxiety are the same. I have included a letter on PTSD, I do not know it's providence, some of the information is outdated as far as forms and the hyperlinks do not work but it is good information.
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As Bronco says file for 'mental health disorder'. No matter what your disorder is the VA rates you the same weather the VA calls it anxiety, depression, or PTSD.
I was rated as anxiety for ten years before the VA changed it to PTSD but nothing changed as far as my benefits.
As far as checking, the VA will most likely not check your insurance unless they think something is amiss. Remember though; always be as honest as possible with the VA to protect yourself.
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As most of us have learned there is no accountability at the VA. I too suggest filing an appeal within one year to the BVA if your claim is still silent on the requested disabilities. My claim of neuropathy went silent while I was denied other disabilities. I kept appealing and after ten years the BVA awarded the silent claim for neuropathy when I presented an IMO.
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4 hours ago, Dustoff 11 said:
I wish someone on here who is also active member of the Veterans Benefits Network (VBN) forum would post the above excellent article on that forum as the people who run it are ex VA raters, DROs and VSO. Thank you.
I might just do that to see if I get banned dustoff.
I also believe that the old system was adversarial in the 80's and 90's. I was medically discharged as unfit to perform my military duties due to a service injury in 1986. I first received 0% from the VA and then 30% back to 10%, and then 50% in 1991. So much for the statement that the VA was there to take care of disabled vets.
- Dustoff1970 and Vync
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3 hours ago, awgv001 said:
Have any of you tried to amend bad records??? How did it go? How long did it take? If you were denied the amendment, how did you combat it, and did it get fixed in the end?
As far as I know everything in your C-file stays there unless the VA finds it advantageous to lose it.
I had three really bad C&P's with two neurologists at the Johnson City TN VA. In my appeal I took each statement that was not true and noted the evidence that was true and appended to a sheet on the back of the appeal. The BVA noted in their remand that I was a credible historian in their decision after the doctors had tried to say I was abusing prescription medication and I said that my mother also had migraines among other things. They even tried to paint me as a malingerer but it did not fly.
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I would go to the BVA if you have medical evidence. I believe the HLR's are not overturning bad results as well as the BVA.
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I do not have that information but I know there are members on this board that have had the same problems. They will chime in for you.
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I agree that you need the caluza events as bronco stated. You are right there is no smoking gun with the VA. If they deny it as related to the knee problem request a supplemental claim with new evidence.
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I would believe that they would go back to 1985 since that was the date that it was reopened for. Never put it past the VA to go for the date of the C&P or the date it was remanded. If they do this file for an EED and take it to the BVA if necessary, the RO does not like to give that much away on their own. Right now we will not worry about that phase though. Let's hope they go to the date of the reopen.
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I am waiting on an NOD for EED. I was declared entitled to SMC-S on the date that the rater made the determination that I was disabled under TDIU for one condition. I am filing in that I have opinions by doctors that I was totally disabled due to my one disability that they noted in their determination five years later. You can never say for sure how this will fall out. I am hoping to prove that I was in fact disabled on the date of my claim but they will most likely go with the raters determination and I will have to go to the BVA. There I think I will win.
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If you have not gotten unemployment since you have been awarded TDIU this is a smart thing. Unemployment is listed as income on your taxes. So as long as you do not exceed the federal poverty level it should be ok, one can never be too sure as to the VA's actions though. Now that you are awarded TDIU, have you worked enough to be able to get social security disability? You can file for this if you have, otherwise I would file for SSDI. Social security and the VA work under different regulations but an award of TDIU usually will be enough to get social security. Sometimes you will get one and not the other (TDIU/SSI or SSDI) but usually they complement each other.
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@jet187, you have not replied so I am hoping you have not gone away and given up. Great advice from all. I do not know how the regulations are written for the HLR but you cannot be reduced in the old system when going for an NOD which is much the same as an HLR. Don't let anyone talk you into giving up and going home with what the VA has granted. Many of us on this board have had to go to the BVA and some to the CVA to get our final claim decided in our favor. Never quit and never surrender.
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Gosh, I do not know how we missed this. @Bignose, if you get this email please respond. Your DRO review will not be done by now. You can bring up in your DRO review how the C&P's did not match your private medical records. It should be something that the DRO is willing to discuss. Remember that after a DRO review if you are denied you also have the BVA to take your concerns to. I would do that, while it takes a long time the BVA is more apt to read all of your records and evidence that you supply.
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Yes the RO can deny you still, finding fault with the doctor's reasons and basis. Hopefully they will not do this at this point. If you have been to the CAV and BVA and it is again being redone it should be done right. If your doctor states SC PTSD and gives a nexus you should be good. As far as how long it should be done pretty quickly compared to how long you took to get here. The cases remanded from CAV and BVA are supposed to be handled expeditiously. We never know how the VA is feeling on any given day.
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Don't be too pessimistic, my last two PTSD exams, one by an inside doctor and one by a contract doctor went extremely well and the reports were good. On the other hand I have had neurologists say thank-you for your service as they were twisting the knife in my back. I really hate that, they thank you and then shaft you.
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Thanks guys.
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59 minutes ago, Dustoff 11 said:
NVLSP manual on Veterans Disability Benefits advocacy
Dustoff, where can I find this?
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The VA will delay and deny your claim as long as they can. I had strong evidence of disability when I lost my job due to my disability but had to go all the way to the BVA to get someone who could read. It looks like you have a lawyer and are headed in that direction. The good news is that lawyers will not take cases they think are losers. It is just a time consuming process, just do not try to figure out the VA logic. It will confuse you and might make you upset. VA raters are not normal people.
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I would definitely appeal. This preserves your file date and opens the possibility of SMC S housebound if one of your disabilities is recognized that it alone caused TDIU. ED will be rated at 0% but gets you about $104 a month. The VA and some VSO's will sometimes warn you that you might be reduced on appeal but that is something that has gotten too vets to drop valid claims.
Confused Why Money Showed Up Today from the VA
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Paul, you've won the "veterans lottery".