Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
vetquest
-
Posts
2,165 -
Joined
-
Last visited
-
Days Won
116
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by vetquest
-
-
Wait thirty days and go to the VA release of information office and request the C&P. You should still be able to provide medical records that you have in your possession but you cannot make the doctor read them. The doctor may be new or just doesn't care about veterans. I would provide the medical information to the VA and request it be put in your medical records. If they are duplicates so be it, duplicates do not hurt you and if they are not they are evidence that the VA does not have. If you are denied and receive the medical records request a supplemental appeal with this new information.
-
I am not familiar with another case like yours but I am sure it happens. If they do it right they should decide your claim with the evidence of record as of the date you applied. Please do not file a new claim but reopen your claim to save your dates and information.
-
Do you have your decision letter to upload? I would say that the statement that you are not receiving treatment is what killed your claim. You must have a condition incurred in service, evidence the condition is chronic and a nexus. It looks like you are missing the evidence of a chronic condition. That is my best guess by looking at your DBQ.
-
Duplicate
-
If they say you are not required to go to another exam they have most likely contacted the doctor for clarification. If this is the case there is nothing for you to do right now. Good Luck.
- ShrekTheTank and paulstrgn
-
2
-
Congrats Broncovet.
-
If you can still appeal to the BVA @blahsaysme2u, I would consider a lawyer. Going to the BVA with the BVA or other service organization is not as successful as going with most lawyers. The VA is supposed to rate you under the rating most advantageous to the veteran. If you are TBI at 70% but they award you as 50% PTSD they have not done this. I do not think we should need a lawyer to win our cases but they do not ask me my opinion. I think that paying 20% of our win is better than 100% of nothing.
-
-
2 hours ago, Foxhound6 said:
Would you happen to know where I might find this in writing? Id like to use this nice factoid in my rebuttal. If not, no problem, I am browsing forums and online.
One thing that you never want to do in a claim is point out that the VA has not done their job. It just gets them mad at you and the VA can really mess up your day if they are mad at you. I believe that all you should have to do is tell the truth and then your claim should be approved but it does not happen that way. There is another veterans board frequented by former VA employees and they will really tear into you if you fault the VA. Imagine what they would do if they were still in the employ of the VA.
- ShrekTheTank and Foxhound6
-
1
-
1
-
This might mean that your case is decided but do not believe in ebennifits. If you have a VSO contact them Monday, otherwise I would call the 1-800 number and see what they say. If you are really nice to them sometimes they tell you more than usual.
-
Welcome to the club none of us ever wants to belong to.
- Oceanbound, Holllie Greene and awgv001
-
3
-
@cathyjourdanI would advise you to fill out the form 21-4138 and request he be continued for residuals, I would include copies of all pertinent medical reports with the important information highlighted and noted in your letter. I write my remarks in a separate letter with footnotes and attach the medical reports as if it was a college report with an appendix and then say please see attached letter in the remarks of the form. If you file for a new claim for residuals it might take longer. This will probably go to appeal and I do not know if your benefits continue when appealing as in a normal reduction.
Others will shortly be along to offer their advice. I will close by saying never give up.
- GBArmy and cathyjourdan
-
2
-
I believe in sending all information that is pertinent to your claim. The VA needs to list it in evidence considered to make your decision. They sometimes list it as evidence already available in your c-file but then you know that they looked at the information. If there is information that is important to your claim such as an STR entry do add it. I have created appeals with an appendix and footnotes much like a college report. I cannot say this has helped me but I can say it has not hurt me in my claims.
-
In my win at the BVA, not for sleep apnea, I submitted two IMO's. The Board awarded a service connection on the basis of one and ignored the other. It is a sad state of affairs where the veteran needs an IMO that they have to pay for up front but it is the VA today. A denial by the RO and an appeal with an IMO to the BVA can make a decision go in your favor. I personally would not get an IMO until you have to go before the BVA. A negative ascertain by the VA and a positive IMO brings into play the reasonable doubt syndrome. If you are looking at a large retro you almost have to go to the BVA. I used a local doctor who specialized in IMO's. Others have used national doctors that specialize in VA IMO's. Good luck and if you must use an IMO but not until the BVA normally.
-
-
As someone who took ten years to get a TDIU claim finished, I recommend anyone dealing with the VA to get a hobby. The delay and deny and string many veterans out for many years. Checking ebenefits frequently only leads to frustration on the part of the veteran. I currently have an NOD out and they say one to two years for completion.
-
You get the same benefits for 100% scheduler and TDIU, including property tax, unless your state is not normal.
-
Unfortunately the VA is not understanding as far as dependents. I have complete custody and pay all expenses for my grandson but I cannot add him as a dependent unless I adopt him. If you hear otherwise please let me know. I have never heard that adding dependents will cause a C&P but never think the VA will not do something stupid.
-
I would personally file for both. I filed for TDIU and received TDIU and scheduler both. The TDIU allows for SMC S if they claim one condition is responsible for the TDIU. Either way you cannot lose if you get them both, you just cannot work but that might be a moot point already for you.
As for the VA re-evaluating you; never let your guard down. I am P&T but before I got that the VA tried to sever one disability and reduce another. Appeal if they try to do this but never think they will not try.
-
Yes, never give the VA an original document. When I got out, I was processed out quickly and I was told the VA was there to help me. I gave them all of my medical records and never saw half of them again.
-
I am wondering if it has anything to do with your clearing cookies. You can set preferences when clearing cookies and I think you may have something set there.
-
I agree wholeheartedly. I have severe sleep apnea and have not filed a claim since I am already SMC S. I have thought about it but I have held off because I think the trouble may not be worth it.
-
Good advice from Pete. I had IMO's done by a neurologist and a DBQ my general practitioner. Your main treating doctor can make a report but they still send you to a C&P in my experience.
-
tk3000, while what you are doing seems a little extreme to me, I traveled extensively when younger and now no longer want to leave the US, you must do what is right for you. Good job on learning the language and good luck with your endeavors. We will still be there if you need anything and you can always contact us.
Exam Today- foot and knee injuries
in Veterans Compensation & Pension Exams
Posted
They should not decrease a current disability for what happened in the exam but we never know what the VA gets in their knickers sometimes. Worry about that when the decision is made, if they do propose a decrease you have full appeal rights.