vetquest

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.

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.

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.

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)."

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.

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.

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.

I had a NP do a peripheral neuropathy exam once. Do like awgv001 advises. You will probably get low balled on your migraine issue. You need to appeal for a higher rating normally. I would also start a headache diary. These are very important in showing how severe your migraines are. It is good that you have the first two pillars of a successful VA case. Hopefully the C&P will show the nexus, that is what they are supposed to be for, if not then you need it from a civilian doctor with the statement that they read your STR's and that your condition is more likely than not the result of your military duties.

Follow broncovet's instructions and also see if your last manager and human resources will write a letter on your behalf. These help also. Since you have been working I would also file for Social Security. Filing for IU with all of these means that you will have a good chance of being approved on the first go around. If not then go to the BVA and fight. Never quit or surrender with the VA.

It's a shame that anyone has to go through what the VA puts them through for payment of service injuries.

Hopefully yours is next.

I have verified through ebenefits that my NOD through the legacy system is granted. It took several years but it shows that the VA granted an EED of ten years minus a month.

It sounds like the VA has made a mess of this. If your effective date is not your claim date they are probably saying your effective date is the date of your last examination. I do not know how they messed this up so bad but that is not surprising for the VA. You can contact the VA and tell them they will most likely give you a solid effective date. Depending on the information in your files and the decision you may want to appeal for an EED. I was just successful in claiming an earlier effective date though what is now the HLR so it is possible. Please provide us information as shrekthetank1 has requested and we will do all we can to help.

As far as your PTSD and migraines, one improving and one getting worse, the VA is very subjective on these decisions. A lot depends on how the doctor writes the C&P and how good a day your rater is having. It is unfortunate that it happens this way but this is how the VA works. In the migraine decision it worked out in your favor, in the PTSD opinion it could hurt you later. Keep your appointments and your medication on schedule. The VA usually sees not having appointments and not taking your medication as an improvement. As for losing your job it would have been better if you stayed to the bitter end (that information is for anyone else reading this and still employed). Then you have documentation of losing your job due to your service connected disability. I would file for TDIU and request your supervisor and/or human resources to write a letter detailing how your disabilities make your work substandard. If you file for TDIU they will send a letter to your employer anyway. I went on FMLA and then was terminated when my doctor said I could no longer continue my job. If you are denied then appeal to the BVA when necessary. Some people get TDIU on their first try, it took me ten years. Good luck awgv001.

I was rated for migraines ten years after service with evidence that I started having headaches after a heat injury. If you have evidence of headaches in service and a current diagnosis of migraines it is not an impossibility to get rated. You need evidence that you had headaches in service, that you are having migraines now and you need is a civilian doctor to say that your migraines are related to your service and provide you a nexus, "it is at least likely as not that he patient's migraines started in service" or something along those lines. If you are denied and you have all of the three requirements I would appeal to the BVA.

USN806, I figured your rating on a bilateral calculator and find you at 100% due to the two shoulder injuries. I am under the same due to bilateral of the legs and arms. Yes you can still work since you are not TDIU. I have never figured out how that works that you are totally disabled but can work but that is a decision made by people who are supposed to be smarter than me.

Dwight, no the VA is not obligated to go with the highest rating since there was no ROM measurement. The claim will most likely cause another C&P or will be denied without the measurements and you will have to appeal for a new C&P.

Gee, that's a difficult one. When I have migraines I can lose sight, balance, and have other issues (I appear very drunk). The VA has denied me any grace about these symptoms because they go away after the migraine ends. We have to play on the VA's dime and they do not consider migraines that serious. The National migraine association (magnum) petitioned congress to change the ratings for migraine many years ago but it never went anywhere.

Deedub75, I would definitely go to the BVA if not approved. I found out a long time ago that it seems the only VA employees with reading comprehension are at the BVA. I once had a BVA appeal where I was sent for remand and received a highly unfavorable C&P from a VA doctor who had done my original C&P. The VA cited my IMO and did not even mention the two VA C&P's other than to say that when there is positive and negative evidence it is like sandlot baseball and the tie goes to the runner.

That is the $64,000 question. I just appealed an EED to the NOD in the old system, much like a HLR. I just was notified today that it has been granted. Now I have to wait for the letter or the deposit to find out how far back they went.

Good attitude. If I recall correctly they do not reduce you immediately if you appeal. That could be why nothing has changed. Stay the course.

I would go to my exam and tell the examiner what treatment you are receiving and how you are faring. If they propose to reduce appeal. You have the supplemental lane and the higher level lane. If you fail there then you go to the BVA. Some people that are reduced just roll over and let it happen. Don't do this and fight it if there is a reduction. But do not stress too much in the mean time. Let the exam play out and try to get a copy of it and then see.

The good news is that you are rated for TBI, this causes symptoms down the line for most. You now have the opportunity to request a secondary disability that is related to your TBI if it ever crops up. The VA will only rate you for one disability under mental health no matter how many you have, yes that is to prevent pyramiding. You did well if this is your first time out. You can work and continue to receive this rating if you are able. If not able to work I would see about requesting TDIU.

I have found that three weeks is not a long time when trying to get an appeal posted. You can try to call the BVA customer service number and inquire 1-800-923-8387.

Unique, is there a program for veterans before Sept 11, 2001 or are we just hamburger?