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vetquest

Master Chief Petty Officer
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Everything posted by vetquest

  1. It looks like you never got a reply.... I cannot answer why he separated these items. We need to wait for the BBE (big brown envelope) which looks like it may be coming. Please keep us apprised.
  2. Hamslice, The VA once took me off of a medication without stepping me down. My blood pressure shot up to levels that were dangerous and I was seriously agitated all of the time for several weeks. It was the definition of malpractice. It was also something that I never want to go through again. Please take off the dunce cap and realize you are worth a lot here and that we do not want to lose you. It would only gain you two percentage points and that is not worth your life.
  3. Long time in coming. Great news.
  4. Funny, the Marines taught me this. Several years ago when I got TDIU my lawyer wanted to quit (as I would be taking time at the RO or BVA that another veteran needed) and I wanted to press on. We pressed on and I was awarded 100% P&T at the RO with SMC S. I still wanted to press the issue but my lawyer said we should quit, he had just gotten paid. I ended my relationship with my lawyer and filed a NOD for EED of SMC S. I also found out that my lawyer had written a letter to the VA stating I was done with my case and to not return it to BVA. I cited to the VA that my lawyer no longer represented me and I wanted my case to go back to BVA. I have had more luck at the BVA the five times I have gone there. I just received the BBE from BVA today. They gave me a 6 year EED on my PTSD and awarded tinnitus. I cannot receive more compensation from the VA for this but my PTSD is now only 9 years from being locked in. The RO is still working (if you can call it that) on my EED for SMC S, which I believe is stronger after my new BVA decision. Lawyers can help a lot if you are caught in a situation where the VA is flouting the laws as they were doing in my case. Even so, they may not always give the best council after getting paid. VSO's more so should be questioned. Some do a really wonderful job but others are just collecting their pay (many from the VA). Do not be bullied or scared into not appealing to the BVA or ending your case prematurely. There are several reasons: You might get reduced if you appeal : You are taking the time at the BVA that another veteran needs : You have been awarded enough : You should feel lucky to have won : etc....
  5. Wow, does it really state that on the RAMP information? I thought the duty to assist was written on stone, sandstone I guess.
  6. Those were the good days when you could write your NOD on a piece of paper. My VSO once forgot to file my form 9. I was told my case was over but I discovered any statement contesting the decision could be a form 9. I had filed a letter to the VA stating such, so my case continued after the RO ruled my statement could be considered a form 9. I really believe these new regs are enacted to prevent a case such as mine.
  7. Buck, I have researched this. The only thing I can find is that veterans on 100% P&T for mental disorders could jeopardize their rating by working since this is based on total occupational impairment. Veterans like me with 100% P&T could jeopardize their SMC K since it is determined that I am totally disabled from work to a condition less than 100%. That is all I can find, somewhere it is written but I cannot find it.
  8. If you are 100% scheduler there is nothing preventing you from returning to work. The laws between IU and 100% scheduler do not make much sense but they are what they are. That said you can be 100% scheduler with one condition causing the TDIU and receive SMC K. If you return to work you lose your SMC K but that is only somewhat over $350. One would believe a veteran who is 100% scheduler would be more disabled than a 90% and TDIU vet but the VA does not look at it that way. I once knew a chief of prosthetics at a VA hospital that was 100% and receiving a VA paycheck. Sorry BUCK52, I missed that that was you.
  9. Sorry to hear about that but I would go ahead and appeal to the BVA if you were denied. It seems that the BVA has been remanding more stuff recently and actually ruling on some issues. The sooner you get it in the sooner you are on the docket. As for migraines, it is not unusual for the VA to start that at 0 percent and then bump you up. I went from 0 to 30 and then to 50.
  10. Just do like I do. I go once a year and I have a new doctor every year. Seriously, you should be able to speak to the patient rep at the VA and they should let you switch doctors if you have a concern. I had a blowup with a neurologist who went off because I had a second opinion on some medication she was prescribing. I went to patient affairs and was given a new doctor.
  11. I have not the slightest idea but I am bumping your post so someone like Bertha may see this.
  12. I still see you at only 90%. I would definitely apply for TDIU, it pays at the 100% rate. I would also try to appeal some of the low ratings. You will be getting a statement of case and have the right to file a notice of disagreement (NOD).
  13. Please do not decline any physicals. This might be used against you. Talk to your doctors about a sedative for your exams if necessary. Tell them that it is documented in your medical records you do not do well at exams.
  14. First, might I say that your cannabis use is hurting your diagnosis. Noted in the statement: Veteran has not had meaningful sobriety from cannabis in some time so it is not possible to determine the level of impairment caused by her PTSD alone. Second, your condition is currently noted as having only an occasional decrease in work efficiency. The mental health percentages are noted below: Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) ................ 30 Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication ........................................................................... 10 A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication .............. 0 Everything else looks pretty solid. I wish you luck in this claim.
  15. I agree with Buck, even if you are seeing a private doctor. They may have alarm bells go off if you ask for information that you are suffering depression if you have seen them only several times. Unless they offer to do it for your. My doctor of ten years forwarded me to an IMO specialist when I asked if she could help me with this. Doctors do not want to get into the business of fighting with the VA, especially if they were trained at a VA facility. I do not know if I would get an IMO for it since 50% would still not push you past 90%. If you are asking for TDIU this would work, you get paid at the 100% rate but you can no longer work. Depending on your job security that might not be the best either. I requested TDIU when I lost my job due to in service disability. I wish you luck on this.
  16. In the military they do not allow spouses to receive concurrent BAH. The VA is different about spouse benefits.
  17. I have no idea at this point. Can you include a redacted copy of your award letter? We may be able to help then.
  18. Something about firing your attorney, if you do you will most likely not find another to represent you. I thought about letting mine go after he told me that I had TDIU and that appealing further will only take up time at the board that others would need. I kept him and we finally got P&T. I did let him go when he was reluctant to help me with an EED. He had his payment so the parting was amiable as far as I knew. I am representing myself now and you will most likely be too if you fire your attorney. The VA is known for giving incorrect information and your BVA appeal can take ten years. Your attorney has access that you do not have and his/her actions benefit you while you may see no benefit.
  19. First off, ebenefits is not always reliable. Is your case at the RO level or at the BVA? As GeekySquid requested please post your current documents an we can assist you more. Please redact personal information before posting. I would not worry about them taking away your current benefits at another C&P. They could do this but they do not usually so quickly reduce you unless they believe there is an issue; like you are not entitled to the benefits you received or your condition has improved.
  20. Buck, I smoked Camels for years. I got my start with C-rats.
  21. Gads, I can remember when we got cigarettes free in our C-rats. Pall-malls, Kools, and Camels.
  22. VSO's will almost always tell you to not rock the boat, unless they are county VSO's. Remember that they are paid by the VA. Your condition is not going to improve so I cannot see the VA reducing your benefits if you apply for more but we never know what the VA will do. You are P&T for your currently received benefits so that is a plus. With my limited knowledge I would believe that the conditions you wish to apply for are related or secondary to your disabilities. I would apply for aid and attendance if you are having problems with daily activities, especially if you can no longer cath independently. Your situation seems intense and my best wishes for you. There will be others who will give you advice that are much more eloquent than me.
  23. I wish you luck on this. Migraines are a separate beast as far as the VA is concerned. To get to 50% you need to have severe events productive of severe economic inadaptability. Any other disability that was that severe would most likely be 70% or more. I have been through one attempt to sever my migraines from my disability. The VA plays hardball.
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