Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

vetquest

Master Chief Petty Officer
  • Posts

    2,165
  • Joined

  • Last visited

  • Days Won

    116

Everything posted by vetquest

  1. Vync is spot on in his reading of this in my opinion. Unless you have seen combat it looks like you may need another C&P. The examiner coped out in declaring if your condition was aggravated or caused by your service.
  2. Sounds like a good exam. I have had some luck with the outside contractors, they do not seem as beholding to the VA as their own doctors. Yes a doctor to interpret the exams would be good. What the raters have not yet figured out is that the doctor doing your medical exam is doing just that. If he says severe it should be what stands for.
  3. You can possibly increase your rating to 50% but getting TDIU for migraines is a bridge too far. I lost my job due to migraines and the medication that I took but I was not awarded TDIU for that. Sorry.
  4. There are several considerations. If the VA did it the way we would appreciate your rating would be backdated to your appeal date, or your original filing date. The VA has a way around this though, they can claim that your condition rated the new rating as of your last C&P. This is how they put us over a barrel and we need to appeal an EED. I am currently doing this on an SMC claim. I know you would like to plan this but we just need to wait for the BBE before we know.
  5. The VA is supposed to care, even when they do not. Can you call patient affairs and see about having your C&P moved back?
  6. Guys, I am still in the legacy system and waiting for a DRO decision, it is stated to be 13 months out. My BVA appeal that led to this NOD took ten years. I guess what I am saying is that Ramp cannot be all that bad.
  7. Standard message. The good news is that your BBE should be coming soon. Good luck and keep us posted. Ebenefits takes a while to update some times so do not check every day as much as you may want to.
  8. While I agree with you about denial of due process 63Charlie, never fail to attend a C&P exam. This leads to an immediate denial. Attend the exam and then fight it at the BVA level.
  9. Man, you guys have had some really rough employers. My employer wrote the to VA and my former managers also wrote letters for me.
  10. Your previous employer will not fill out the form? When I requested IU the VA contacted my previous employer to fill out the form.
  11. I hate to say it but it does not look like a 100% rating. You should have a strong chance for 70% and IU. What is killing you is getting the degree, if you are able to get a degree the VA sees you as most likely able to work. General Rating Formula for Mental Disorders: Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name .......... 100 Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships .................................................. 70
  12. We need to ask Asknod about this. I did not believe the rater could request an examination to disprove what is already completed.
  13. Can you redact and post the entire information? It would be hard with only what you have provided.
  14. Once you have the information that broncovet says you need I would definitely appeal. I have been to the BVA on several appeals and always won on appeal. If the VA did more due diligence the BVA would be out of a job but at the current rate they will be in a job for eternity.
  15. I believe this would be a good practice if all raters would call the veteran when they have a question. In a perfect world....
  16. Never heard of that second opinion thing. Yes, bring your medical records that are pertinent, it can help the examiner to see what he needs to see without digging to find something that might not be there.
  17. Unfortunately $1500 is about the going rate for an IMO. Very few doctors want to get involved in VA affairs, and do not know what to write even if they did. Save your dollars and get a quality IMO when you can because the cheaper options are usually a waste of your hard earned dollars. The question becomes, is the IMO really worth it? In my case it was because I was looking at ten years of back pay and $3000 did not look like that much when you looked at what I stood to gain. It is a sad state of affairs when veterans must spend this kind of money for an exam to refute a medical opinion that is faulty. Unfortunately the VA does not pay doctors to write winning opinions.
  18. In that case I would pursue the TDIU. If you have are rated at 100% and have one condition that is rated at 60% you qualify for SMC. If you have one condition that makes you TDIU and another condition rated at 60% or more than you are also entitled to SMC. It is a note of contention on this topic. A lot of people do not understand how you can be TDIU and 100%. Again, I would appeal in that your TDIU was not considered.
  19. Yes, it is SOP. But I tell the VA they darn better not try to charge my health insurance for any SC issue. I use outside care most of the time because I have been burned by the VA in the past.
  20. If you are 100% scheduler I fail to see what a TDIU rating could get you unless you are trying to get SMC.
  21. She is not supposed to mark a rating for you. The doctor fills out the documentation and then the rater decides your rating. If you truly do get reduced to 50% you are entitled to appeal and you would present your evidence of a 100% disability with the appeal. If there are two doctors opinions the BVA will most likely go with the more serious one. Let's wait for the SOC before you get too riled up. If it is a reduction you appeal and go to the BVA.
  22. Please do not "track" ebenefits. It will give you an ulcer. Wait for the BBE and relax. Ebenefits is not always accurate and does not change rapidly.
  23. My SMC appeal is set to take thirteen months.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use