vetquest

My claim took ten years and my children missed the opportunity to attend college. I know how you feel. Is this a remand? Try looking up a writ of mandamus. This means that the VA is not following the BVA's requirement that your claim be competed in an expedited manner. Good luck and hang in there.

If you are sure you need a lawyer try contacting Goodman Allen Donnelly. They have a staff of attorneys that specialize in VA law. Daniel G. Krasnegor was the lawyer I had representing me. Please be advised that you will give 20% of your award to the lawyer. I hired a lawyer because the VA would not send my case to the BVA and attempted to sever a ten year rating.

The BVA chastised my RO for not putting enough weight to buddy letters I submitted with my case. They helped to carry the day.

The time that it takes is relative. I have heard of BVA cases being cleared in five years, mine took ten. It has a lot to do with your RO. The Nashville RO is slow. Good luck and I hope yours is fast.

Hi vetquest, Thank you for your donation! We look forward to improving the forums with your donation. Your donation includes 1 month of ad free viewing. If you prefer the ad free view, you can subscribe for a monthly or yearly subscription. Thanks Tbird/VA Disability Compensation Benefits Forums - HadIt.com Veterans

Another thing that I have thought of is buddy statements. When I was given IU the board remand chastised the VA for not referencing buddy statements. These statements, on from my current manager, stated that I was no longer able to perform my duties due to my migraines. Others stated how I was unavailable to work due to migraines and how my wife needed to pick me up from work because I had become incapacitated.

Yes, do get your C-file. One C&P claimed I was an addict because I use pain medication. This was not a good use of a veteran's time. The only fly in the ointment is that "offsite" C&P's are very hard to get a hold of. I had to request my C-file for the dates of C&P. This slows the process greatly. Onsite C&P's can usually be obtained from the records department of the Regional Office.

Yep, they sent me to a pain specialist one time who hooked me up to a stress meter. I started playing with the machine stressing and destressing with relaxation and mediation having a grand time watching the stress level rise and fall. After trying to find out what was wrong with their machine the nurse asked me if I was doing that. When I told her I was she said that if I could do that I was way beyond her help. Some of these people think we are not in so much pain because we learn to live with it.

If your rating is over ten years old the VA cannot reduce it unless they can prove fraud. Service connection for any disability or death granted or continued under 38 U.S.C. which has been in effect for 10 or more years will not be severed except on showing that the original grant was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. 38 C.F.R. § 3.957. Reading your post I believe your service connection is less than ten years old. If the case is less than ten years old legally they can reduce it but I believe it requires another exam.

I received UI for migraines and PTSD in 2017. Personally in my belief, your initial appeal was denied and that probably has caused some of your issues, RO's do not like admitting mistakes. There is a wrinkle on remands. The RO is not required to increase your husband's rating or pay back pay until the remand is completed by the RO. A remanded case is supposed to receive top priority but that is not always the case. You could look into filing a writ of mandamus in your case. This informs the VA that the board has required them to expedite your case. I am not sure exactly how this as done as a lawyer filed mine. Maybe there is someone here who has filed one and can chime in. Bertha maybe. Is your neurologist willing to file a letter that your husband is now too disabled to work due to his migraines and PTSD? This would also help in getting SS disability. I am sorta concerned about you getting a lawyer, you have done a lot of work yourselves and a lawyer would take 20% of the benefit he helps win. I believe your chances are good, especially since the board seems sympathetic to your case.

"The OIG did not substantiate any of these allegations. Because the OIG did not substantiate any of the allegations, the identity of the senior manager will not be disclosed in this report." In other words it sounds like they got off scott free.

Retiredat44, I know where you are coming from. I was retired at 25. I am saddened by the fact that they did not find your pancreas was messed up before it was too late. I take an anticonvulsant and narcotics for pain myself. One day I did put a gun in my mouth, fortunately there was only one bullet in the cylinder when I spun it. After I heard the hammer fall I decided that I could go on another day. Keep us posted on what is going on. People do read what you write and care about what you have to say.

KC3, I had a thought, are you also going to mental health for treatment? Your migraines have made it difficult to maintain a successful work history. Is this causing any anxiety that would be secondary to the migraines?

I usually do not look at my C&P until the decision is made. Then if the decision is unfavorable I look for holes or triggers in the exam. Some examiners are pretty foolish. Once an examiner said she did not read a favorable medical opinion because she did not need to. Another time a doctor said that I should not be service connected in the exam. Unfortunately both exams had to go to the BVA level but they were thrown out because the doctor overstepped their bounds.

That is great. Now time to file a claim or appeal if your claim has been denied.

First off for what it is worth you can only get 50% for headaches. I believe this is a travesty but that is the VA rating system. If you go to a neurologist looking for an IMO most will say no. They do not want to get tied up with the VA. You might be better served seeing a neurologist who specializes in IMO's. They are not cheap but they can do the job. Do you have civilian medical care history that shows the depth of your headaches and medications that you take? Can you get a letter from former employers that say you lost your job due to headaches? I lost my job mainly due to headaches myself. I would also try to get to the veterans rehab rep and see what they say about your options for work. If they say you cannot work that is a plus. Are your headaches documented in your military medical records? Without a nexus you have a serious fight on your hands.

Awesome, keep pushing forward.

My nephew's case took nine months start to finish. Mine took ten years.

My case moved faster after getting an attorney since the attorney was able to threaten the local VA with a special filing if they did not complete my remand expeditious manner. Contacting your congressman usually guarantees that your case will take longer. Most congressmen do not give a smackaola about you. His/her letter will make it so the VA has to go to the case and pull the case to respond. Once the boilerplate response is given I can only bet the case goes to the bottom of the stack again. Been there, ten years to complete my case.

I once had the VA claim that I had never been to their hospital for treatment. No paper or computer records could be found. I went to my congressman and got a letter from the Deputy Secretary that there was no record of my treatment at that hospital but they would start seeing me there for treatment. When I called to make an appointment I was informed that I was not able to since I had missed three appointments.

I am 3 hours from the nearest VA neurologist, I am hoping I can continue to see my current neurologist on the VA dime.

If you have anxiety it will not raise your percentage to have depression added, I am rated for both at 70%. Getting 100% for mental disorders is tough. One thing that you might and should consider is filing for IU since you are already at 90%.

Your VRC appointment should be in your C file. Move forward as Buck advised.