vetquest

Just a reminder, we need this board and if we are not strapped we should help out with the keeping of this board online. I do not expect anyone to match me but if you can it would be for the sake of this board. I have my disability but it will then be there for those who do not have their benefits.

I was once cut on at the VA when I was indigent. It was done by a doctor in training. They used a punch to excise a skin lesion. When I told the doctor they could stop now, the doctor got testy and asked how I knew so much. I told them that they were scraping the bone in my ankle and I could feel it. They diagnosed it as Kaposi Sarcoma and told me I had aids, which was untrue. I have had other operations on the outside for service connected issues because the VA did not think that the operation was necessary. I have Tricare and use it over VA care as my VA doctor says it is better for me that way. I guess I as one would not be sorry to see VA Hospitalization go away but I think it is necessary for some vets. The VA is the least best option but the only option for some.

First I would suggest that you start a migraine diary asap. These are used by doctors to judge the seriousness of your migraines. It is a pain but it does help, you can find many on the internet. Be honest at your C&P but let them know what your worst day is like, do not say I am doing great. "I am good today but earlier this week I had a migraine that sent me to bed." The same for your feet and PTSD. I might also try to get some buddy letters from your manager at work if they are willing. This shows the seriousness and financial impact of your disability. I lost my job of 25 years over losing too much time off from work and not being my best while at the job due to my disabilities and the medications that were necessary. It took me ten years, this will hopefully not happen to you, to get my case through the BVA which granted TDIU and full benefits. The BVA cited employer letters as one of the highlights of evidence that showed I was not able to perform my job due to my disability. No you are not special but it is trying none the less. Loss of income and pain are not good for the mind or a good way of living. It creates it's own stress and this is something that you need to look after. If you were not depressed when you begin working with the VA, you will be when you get done. Good luck drawing good doctors for your C&P's and keep us apprised as to the results. Sometimes, many, you will get denied by the RO with a poorly done rating. Never quit at this point, always appeal if you are not given the full benefit that you deserve. Go to the BVA if necessary. It is a long process but the BVA reads your evidence and applies it much better than the RO.

I would first file an HLR myself if the new HLR's are taking less than a year, then I would go to the BVA. Your rights are allowed in a greater detail by the BVA but it can take several years before they get to you. Your chances are better at the BVA with that said. It is up to you at this point, knowing that the BVA process is longer. In your statement there is a word missing in the last sentence of the first paragraph. Otherwise it looks good.

@CubanFireball, ask you question again in a new thread and you will get a lot more advice. Your exam sounds like it was done by a not veteran friendly examiner. Was she part of the VA or a contractor?

If you have an IME and it is positive, it should state that they reviewed all of your Service Records and that it is as likely as not that your current situation is related to service injuries I would request a supplemental claim and note where the examiner was wrong. You need to have a nexus provided in the IME. With all of this you have a pretty strong appeal against a flawed C&P. Good luck and know that you might get denied on appeal but then you go to the BVA. The BVA has a pretty good record when you have the benefit of doubt.

If you are looking for someone to tithe to, this website is entirely supported by vets like you.

I would look into that. Your shoulder problem existed prior to enlistment but they broke the shoulder trying to fix it. That is an injury incurred in service, cause by medical personnel. You probably do not have the requisite time in service but your situation is unique.

Bronco, I do not know about you but they deliver my paper cfile in a dump truck.

Aside from all of the good advice that you have been given by broncovet and Buck, I would look at the CFR that they used to deny you. It states that an injury caused by alcohol will not be considered line of duty if it incurred in active duty. You are looking to secondary connect an injury that occurred due to PTSD post service. That CFR is wrongly noted.

That is good news @Indy_CV62_OS, I remember that you were trying for disability for a collapsed lung and injuries related to a chest tube. A treated collapsed lung is not a disability. There are always secondary's to consider and request.

I second that about IMO's. I had two IMO's in my last BVA award that refuted bad C&P's.

Wow. I have never heard of such a thing. I would complain to the White House hot line about that. It sounds very excessive. 1-855-948-2311.

Never quit. If I had a good IMO and a denial I would go directly to the BVA. Your chances at a HLR are not as good. The BVA law judge will read all of the evidence and not make sloppy decisions. They spend their time revamping RO decisions. This is not right but that is the way this animal (VA) lives.

The RO normally orders C&P exams. If the BVA thinks your C&P is too old they will request a new C&P in a remand. The good news about a C&P following a remand is that once the RO has made their decision it can go back to the BVA where it will take it's place at the front of the line due to the date of filing. You need to ask for your case to go back to the BVA though, it does not happen automatically, especially if they consider the decision favorable.

Buck, you do that well.

Unless you were in for less than 180 days it is not ok to give you an ELS discharge.

@Phild523, the bad news is that they might rate you as 0%. I do not know what they would rate you as. They finally rated me for PTSD, they said my heat intolerance was all in my mind, never mind the 108 degree temperatures in my medical records. They actually tried to say my temperatures were the result of my mind causing the problem. The good news is the attached PDF. The other good news is that if you start to suffer neuropathy later in life they may rate you for that. It was a long haul but I was rated for neuropathy due to my heat injuries. I was also rated for migraines caused by my heat injury. The biggest fight you will have is that they say a heatstroke does not cause residuals that can be rated.scan0101.pdf Sorry to be so negative but I fought for five years to be recognized by the military and thirty-five years with the VA. long term effects of heat injury.pdf

Check out this website. Two neurologists in Mich that do IMO/IME's. https://www.imenet.com/search?utf8=✓&search[query]=&search[specialty]=260&search[location]=23&commit=Search&search[kind]=normal Here are some more. http://www.independentmedicalexaminer.com/IME-Directory/Michigan/

Raymond, I would take up chess instead of checkers, it takes about two years to learn. Seriously if your remand goes back to the BVA it goes to the front of the line because they are taken in the order they are dated as received originally. I hope that is good news.

Happy belated Thanksgiving to everyone.

I agree with broncovet on this. Wait until you get your envelope, sometimes called the BBE, this will explain if you are awarded or denied and then we can help you from there.

Keep up the good work Buck.

TomLeo, I was being stripped of my driver's license after my discharge because a neurologist from the Naval services reported me as unfit to operate a motor vehicle. I went to the VA and requested treatment for my condition and was denied since I was not suffering a medical condition. I then asked the doctor to write that up to the DMV. He refused saying "You are suffering a serious medical condition that prevents you from safely operating a motor vehicle." That's when I learned about Catch-22.

You can only get denied. I would try to get it service connected.