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Everything posted by vetquest
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VA Psychologist not reporting
vetquest replied to jamesriley1990's question in PTSD Post Traumatic Stress Disorder Claims
@Buck52is correct. -
VA Psychologist not reporting
vetquest replied to jamesriley1990's question in PTSD Post Traumatic Stress Disorder Claims
Only the VA can diagnosis PTSD. Until they do you do not have a leg to stand on. In your treatment you need to tell the doctor exactly what happened, even if you do not want to. If the doctor is not putting in your records what you are saying you need to speak to the doctor in a mild mannered way and ask them why. Never raise your voice or become frustrated, it is a losing proposition. I know this because I have been there, frustrated and angry. I had a doctor walk out of a session and say I threatened him. It was not a happy experience. It all goes into your records forever. -
NOD Timeframe?
vetquest replied to McRay's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Unfortunately DRO hearings are taking a long time right now. I have no idea what is making them take so long but I am in the same boat. -
Favorable C&P exam, but still proposing to reduce!
vetquest replied to mclevela726's question in VA Disability Claims Research
You can never trust the RO or read all of your records and consider them correctly. That is what the BVA is there for unfortunately. You did not include the doctor's write up, did the doctor contradict himself? Read the examination carefully and see if the doctor's paragraph disagrees with what he checked. -
Good that your case is now moving again. Tell the examiner that you are on x medication and then explain what your worst day is. They will take this into consideration if they are a good doctor. Cross each bridge as you come to it and relax a little bit. It takes a long time to move a claim through the VA and without some time off from your case you will wind up a basket case.
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Lawyer Needed for TDUI or DIY?
vetquest replied to 2W1_Socal's question in TDIU Unemployability Claims
You are now in a catch 22 area. You are working to make money but your disability is making it near impossible. You cannot get SS or TDIU because you are still working. Follow broncovets advise and get a voc rehab letter if you can. Then approach the situation with the full knowledge that it is a difficult road. Can your long term disability insurance keep you afloat if everything falls apart? Only you can make this decision. I was ready to be fired due to not being able to perform my duties any more and the constant late and absent days. Can you talk to HR or your manager about what is happening? Don't get fired due to this, get your doctor to write a letter for you, then you should be able to collect long term disability. With a doctor's letter the company will terminate you. You just want to leave on good terms. After you lose your employment get your supervisor and/or manager to write a lay letter for you explaining why you can no longer be employed there. This carries weight at the BVA level, the RO's sometimes neglect to consider lay letters. employer letter 2.pdf -
Letter From Spouse?
vetquest replied to SwiftSig's question in Veterans Compensation & Pension Exams
I had lay statements that the RO ignored when they made their original decisions. The BVA took them to task for not reading my lay statements. One was from my former employer. Anyone who tells you they are worthless is not playing with all the information or fibbing. Especially check the last one, it notes the precedents. https://www.veteranslawblog.org/lay-evidence-in-a-va-claim/ https://www.military.com/militaryadvantage/2011/10/disability-claims-and-lay-evidence-they-work https://www.avvo.com/legal-guides/ugc/guide-to-use-of-lay-evidence-in-veterans-benefits-claims https://www.hillandponton.com/using-lay-evidence-support-disability-claim/ -
Lawyer Needed for TDUI or DIY?
vetquest replied to 2W1_Socal's question in TDIU Unemployability Claims
A lawyer is going to advise you to get an IMO or IME. @asknodhas already advised this so save your money. DIY the first time, with the help of a good VSO. How to find a good VSO is the issue. Interview the one you are asking to help and get a feel for how they react to your questions. Anyone who advises you not to file because you may be reduced you pass over. Anyone that balks at an 1151 also pass over. As @MPsgthas advised you may want to look at SS disability if you have used up your FMLA. I went out on FMLA and then applied for SS and TDIU after my doctor wrote a letter saying I was disabled due to my military disability but SS took two years and TDIU took ten. It is not an easy road, do you have long term disability insurance at your place of employment? That is what carried me through. -
Yes, most doctors will not do this fearing a call from the "government". I had a DBQ filled out for me by my doctor last month but I have been seeing him for 18 years. I found good luck looking for local doctors that do IME's. It costs a bit, around $1,500 but it is worth it if they use the correct language. It is all more better if they are local.
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Ebenifits effective date
vetquest replied to Raulrojas88's question in RAMP Rapid Appeals Modernization Program
You may have run into an ugly little wrinkle in VA effective dates. It is the date you filed, unless you file within one year of discharge, and get the date of discharge. The other date the VA will claim is the date they decided you were experiencing the disability. This may be the date of your last C&P or the date they made their decision. It saves some money and cheats the veteran. -
My advice is to not fill out the form for your doctor. You are asking him to sign a medical document that he did not complete. If you are determined I believe 5B refers to related symptoms. My migraines cause autonomic dysfunction and blindness.
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BIG Court WIN- TDIU -CCK law firm
vetquest replied to Berta's question in VA Disability Claims Research
I think this will help future veterans. When the RO denied my UI they flat out denied it without explanation other than to state that I was still able to achieve gainful employment. It looks like they will not get away with this any more. -
Letter From Spouse?
vetquest replied to SwiftSig's question in Veterans Compensation & Pension Exams
By all means take your spouse to your exam. When you get a doctor hostile to your spouse being present it is usually a warning sign. The doctor that did not allow my spouse to attend was derogatory to me and I wish I had someone to witness the jerk. -
VA not addressing I.T. issues
vetquest replied to SPO's question in Entitlement - Veterans Compensation Benefits Claims
Sounds like a royal SNAFU situation. An examiner goofs and you get stuck in a holding pattern when they try to figure it out. -
Incarcerated Veteran/Benefits
vetquest replied to lkwright's question in VA Disability Claims Research
You may not be totally right. In this situation there is a note that: "An apportionment of an incarcerated Veteran's VA benefits is not granted automatically to the Veteran's dependents. The dependent(s) must file a claim for an apportionment." It sounds like you will need to file a claim to determine what benefits you are able to receive. I would call the number provided: 1-877-424-3838 and get what information you can. -
No current treatment record/history
vetquest replied to marinemail05's question in VA Disability Claims Research
The Calusa triangle is to have a condition noted in your service records, evidence of a chronic condition, and a doctor's statement that the condition is as likely as not incurred due to service. You appear to have the first one but lack the second two. I am most concerned with the fact that you have been medicating with alcohol. Do you have combat in your service records? You may be suffering from a mental condition also. As brokensoldier noted you need to get in and get treatment. -
100% totally and Permanent
vetquest replied to Steve S's question in VA.gov Questions (formerly E-Benefits)
While you still have to wait for the official letter, Jbasser is correct. The letters are usually right, though not usually updated so quickly. -
We need some more information for this please.
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Congrats. Spend a week or so deciding what to do with the money. It goes quick if you are not careful.
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C&P results for PTSD, What do you think?
vetquest replied to haasume's question in VA Disability Claims Research
Yes, the VA does do this if you are not P&T, they call you in to see if your disability has improved. -
VA not addressing I.T. issues
vetquest replied to SPO's question in Entitlement - Veterans Compensation Benefits Claims
I definitely would. -
C&P results for PTSD, What do you think?
vetquest replied to haasume's question in VA Disability Claims Research
Yes he can but I will say wait for the BBE. We never know which way the rater will go. I can only advise patience and a calm demeanor. We have all been through this at one time or another and worrying only makes us older than our years. -
C&P results for PTSD, What do you think?
vetquest replied to haasume's question in VA Disability Claims Research
I think that shrekthetank hit it right at 70%. If it does not come back as expected appeal.