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vetquest

Master Chief Petty Officer
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Posts posted by vetquest

  1. Good advice by all but I am going to say that I would not get the IMO right now.  Get DBQ's from your doctors if they are willing and file for PTSD increase and TDIU now.  See what your C&P's say about your condition before investing in an IMO.  You may not need one and get approved without it.  If you are denied then get an IMO and appeal.  I say this because they are expensive and may not be required.  Also if you get an IMO and head to the BVA you are much more assured of a victory without allowing the VA to muddy the waters of your IMO.

  2. File now if you have a problem with your lungs.  It will only get worse as you age.  No, the VA never sees claims as easy, you have to prove your claim with evidence and even that is not enough some times.  If your request fails take it to appeals, there appear to not be many cases that are settled in the first go around.  You might have to appeal to get your benefits, but even if you get zero percent you are in their system so when things get worse you have a rating to start from.  You need an in-service event, chronic symptoms, and a nexus between the two.  I personally would get my lungs checked out if you are barely meeting the results of a lung test.  Good luck and keep us posted.  Start a new thread for any new questions and we will be happy to answer any further questions. 

  3. I am with Broncovet on this.  I would appeal to the BVA.  If you are confident enough you could try to do it yourself but that can be very difficult.  I would look for a NOVA approved lawyer if you are not confident in doing it yourself.  They have the ability to communicate to the BVA when your case is there.  If the first lawyer turns you down try several others.  When I filed my claim with the BVA I talked to three lawyers offices and only on responded to me.  They handled my case very well and got everything approved.  

  4. Normally you will not get a reduction but that does not mean they will not try.  When I was appealing TDIU the VA called one of my disabilities service connected in error and another rated incorrectly.  They wanted to sever and reduce my disabilities.  Needless to say they got caught in a blender and wound up not getting their way.  The VA is not your friend and will sometimes do everything in their power to make your life miserable.  They claim to be a non adversarial that is there to help the veteran as best they can, believe that at your peril. 

  5. It sounds like the examiner either was fraudulent or mixed up your exam with someone else's.  Go into the examination with your statements again and also upload your statement through VA.gov and have your VSO send your statement in if you have one.  This way you are on record with your statement and if the doctor does not file the same information they have a statement from you.  That is my best advice. 

  6. I fully understand your situation.  It is hard to wait for your case to finish and then find that the VA has eluded your full benefits with a workaround on your effective date.  This is one of their dirty tricks.  Good luck and keep us apprised.  You may want to consider a lawyer if you appeal your EED to the BVA.  They take twenty percent of your award but that is better than 100% of nothing.  A good NOVA approved lawyer can help you navigate the black holes in the BVA process.  Unrepresented veterans do not do well at the BVA as a norm..

  7. 7 minutes ago, gsxrmike said:

    How am I not protected when it's 100% P&T?  My rating letter says "This total disability is considered permanent. You are not scheduled for future examinations" and my dependents are eligible for Chapter 35.  It even says "You are considered to be totally and permanently disabled due solely to your service-connected disabilities".  If I was 100% schedular or TDIU I'd get it, but 100% P&T should be PERMANENT and TOTAL, right?  (not trying to sound argumentative, only asking because I'm confused what those words actually mean then...)

    Yes this is true but the VA can come back at their discretion to re-examine your case and reduce you if they believe there is improvement up to 20 years.  This is not likely but there is always the chance with the VA.

     

    9 minutes ago, gsxrmike said:

    I believe my claim is a bit different than yours as well, as my claim is consistently ongoing for an increase, not a break of seven years between claims.

    There was no break, it just took ten years from the time of filing until a final decision was made.  The VA is very well known for using the out of determining that your EED is the date of the last C&P or other evidence.

     

    5 minutes ago, gsxrmike said:

    Did you mean to say go to HLR first, then BVA if not happy with the outcome?  Not sure I can appeal to BVA twice

    If your situation is a remand, the case is not considered final until the BVA signs off on it or you stop your appeal.  If this is a remand do send it back to the BVA and maybe

    not to an HLR because you do not lose your place at the BVA on a remand and it will be decided much quicker than a new claim to the BVA.

  8. First, yes when you appeal you could be reduced.  But that is not a reason to submit an HLR or BVA appeal for EED, you may be reduced at any time.  You are not safe until you have had a rate for 20 years.  You may also submit a supplemental claim with new evidence. 

    Your EED claim might be hard though because the VA will say the evidence pointed to your being disabled at the time of the DBQ.  I am appealing a similar EED claim.  The VA decided I was a certain percent disabled at the time of my last C&P, not when I applied seven years earlier.  There is a catch in effective dates, you can get one at the time you filed your intent to appeal or the time that your C&P or a decision was rendered.

  9. Buck52, if I recall right I believe Asknod told me that VBMS is in date order and not the mess that the VA gives us.  If this is correct a lawyer should be able to look at your case and decide pretty quickly what has transpired.  I would go that route and see what they can do for you.  As broncovet told you not all lawyers will accept your case but keep looking.  I talked to the offices of three and only one graced me with a reply but they won a six figure retro for me. 

  10. If you were diagnosed as CFS while in service I would file for that.  You need an in service event, a chronic condition, and a nexus between the two.  Now if the VA does their job they should send you to a C&P to provide the nexus.  File your claim through VA.gov.  Select file a claim for compensation  and go from there.  I would file the STR pages that show you were diagnosed in service.  If you have civilian records that support the claim I would submit these also.  This is a long and complicated process and you will get frustrated along the way.  Just giving you a heads up.

  11. Getting migraines rated as extra-scheduler, above 50%, is difficult to do.  I lost my job due to migraines and was still only rated at 50%.  The VA underrates headaches period in my book.  I was so sick at the time that I could not even be depended on to work a full 40 hour week with any consistency.  I had medical evidence and lay evidence to back this up.  The only case where migraines were rated at above 50% that I know of was a service man that had headaches that looked like seizures and he was rated as seizures instead of headaches.

    As far as being rated at 0%, start a headache log and appeal to the BVA.  If you are not listed as 0% in ebenies I would use the letter to appeal to the VA to have them added.

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