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vetquest
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Posts posted by vetquest
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My SSDI case took two years and was finished before my TDIU case which took ten.
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Broncovet, I attempted to get extra scheduler for a headache rating since I lost my job to headaches and they only rate them at 50%. I was denied outright. But you are right, you can request extra scheduler ratings for any disability where the rating does not account for the actual disability.
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9 hours ago, ErinNick said:
We are seeking assistance from our county's veteran's assistance specialist.
That's good, I was hoping that was the case.
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5 hours ago, broncovet said:
Correct, it "shouldn't" be that much of a hassle, but many VA employees treat us "as if" we are welfare cases and that we deserve to wait because we are getting free care.
We are welfare cases aren't we? Oh, I forgot welfare is for people that have not worked or are healthy. We are unhealthy because we paid for our care with our health and several years of our lives.
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Get prepared to fight this and do not miss your filing date. If you can get a letter from a medical doctor, better yet ask his psych doctor if they would be willing to write up a DBQ for your husband. I might request TDIU when you are getting all of this said and done, that brings into question your husband's work history. Can you get letters from his past employers as to why he no longer works there? Let them know you are trying to get your husband VA benefits. These letters helped me a lot when I was going for TDIU, the BVA chastised the RO for not including them in my decision and awarded TDIU.
Just a question, who are you speaking to? There are some shady operators out there that promise all kinds of things and cost you a lot of money. Please be careful.
DBQ for the doctor to fill out for mental disorders https://www.vba.va.gov/pubs/forms/VBA-21-0960P-2-ARE.pdf
DBQ specific to PTSD https://www.vba.va.gov/pubs/forms/VBA-21-0960P-3-ARE.pdf
If you can redact and post your denial here we might be of some help.
- GBArmy, paulstrgn and ShrekTheTank
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That is good to hear that they did good for your retired. Their closing caught many vets unawares.
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That is a good question SGT eve. I have never met anyone who worked on TDIU online or offline.
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I also include more information than they ask for. I have had them include information on the evidence list as duplicates but I look at the previous denial and they were not listed. You can never trust the VA to do the right thing and my records are massive. I therefore include pertinent information that might be overlooked.
- blahsaysme2u, Kuwaitin08, Vync and 1 other
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On 12/19/2019 at 3:03 AM, Dustoff 11 said:
You can do as I did and contact many U.S. Senators and Congressmen in many different states by sending them your pleadings and copies of the VA injury that was done to you. I did receive favorable response and assist from most of them about my VA Injury Section 1151 claim in 2000.
Not to disagree to disagree. I was discharged illegally by the Corps and wrote to my elected officials and others in charge of veterans affairs. I learned that outside of your state elected officials will only write a letter stating that you need to go to your elected officials. Even then you have a hard time getting help.
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That's a good question. I know they will keep you at your current rate as long as you are in appeals. I do not know what they do if you lose.
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As I understand extra scheduler ratings are difficult to obtain. I requested an extra scheduler rating for my migraines when I lost my job due to the migraines. Migraines can only go up to a 50% rating. I requested an extra scheduler rating due to the fact that I lost my job due to my migraines. This was denied even though the BVA recognized that my migraines caused me to not be able to work. The extra scheduler rating was denied in that I had not proved that my migraines caused a severe impediment to work. It sounds like an oxymoron and it is but that was the decision.
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Make sure you get an attorney that is approved by NOVA (national organization of veterans advocates). This helps prevent you from getting an attorney that is not familiar with VA claims. They are not like other compensation claims.
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You cannot hurt yourself by trying. File the claim and see what happens. Some will advise you not to file because it is a frivolous claim and only keeps other vets claims backed up. If you quit there you have already lost. Only the rating personnel will decide if the claim has merit. Do not give up if you are denied the initial go around appeal to the BVA.
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Good advice already given. File an intent to file and that saves your file date while you are getting everything together. If you are denied the first time go around, do not give up like they want you to. An ugly secret of the VA is that a lot of valid claims are denied first time out. The BVA overturns many denials.
- Armyman2069 and paulstrgn
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New info for commissary privileges, please see the following website.
- Al329 and blahsaysme2u
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Congratulations.
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If you do not get a good answer go to your VA release of information office and request to get the C&P's that were done on xx date. They have to provide them to you. They might have some interesting information. I agree with the others about appealing. Don't wait too long before doing this, it can take some time before an HLR is completed.
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I do not know if this is new but there is a process. Your claim should not be rated before they receive your C&P exam, that would be a major mistake. If your claim is denied you have three levels of appeal, the supplemental level appeal (with new evidence if you have it), higher level review (without new evidence), and the BVA. I would not go to the BVA right off unless you have an IMO (independent medical opinion) that impeaches the C&P determination.
But that is putting the cart before the horse with all of that information. You might get approved the first time around. If you do not do not give up, keep fighting, the VA wants you to give up.
- Holllie Greene and paulstrgn
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I got a convenience of the government, entry level discharge after 7years 7months. It was not "honorable". I fought it and was retired from the military. I was very happy to hear that my fight brought to light a workaround on the medical discharge process that the SECNAV was using and a whole lot of discharges needed to be re-evaluated. They were not processing "entry level" discharges properly and got caught.
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If your case is not supported by a reasoned decision you can appeal using the supplemental or HLR route. Failing to get a decision there you can appeal to the BVA, which I have seen to more accurately adjudicate claims. If you fail there you can go to the court of veterans appeals. I have no experience there but it appears they are more reasoned than even the BVA. Who can determine if your decision was reasoned? We might not always agree with them but we can appeal.
My problem with this whole system is that the VA can stretch out your case by ten years or more even before you get a BVA decision. I have no idea on now much time the CVA adds. And that timeline was before we started getting many more cases before the VA. As someone who had two ten year appeals I find this system a travesty. Elected officials get "angry" and "demand" changes but it never gets better. As one who has had a personal meeting with a VA chief some years ago I can tell you they are more interested in covering their behinds than making sure the veteran gets justice.
I believe most raters can not make a reasoned decision if their lives were at stake. They ignore evidence, misrepresent CFR's and generally mess up most decisions. This is the VA's best kept dirty secret.
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As far as your migraine diary, I turn mine over to my doctor every three months and it becomes part of my medical records.
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It looks like a duplicate, I would call Peggy. As a side note they may have rolled your elbow issue into your BVA appeal. I had an issue that the RO denied and was not on my original appeal to the BVA. The BVA resurrected the denial and adjudicated it when I submitted more medical evidence.
Attorney fee Decision notice???
in VA Disability Claims Research
Posted
I do not believe half of what the VA tells me. My case is classified sensitive and my service rep cannot get access to it. My congrant and White House hotline calls have given six different answers and still no resolution. Wait for the envelope and then you will have the information you need as broncovet says.