vetquest

I could not find this on the site myself. Glad you got the information you needed. It may not help but you can include your VA medical records in your SSDI claim.

From what I have been told there is no precedent on VBA cases, only on court cases. They (vso's, VA) tell you every claim is different. That said, I have attempted to cite VBA decisions to no good result.

AirForceVet81, It appears you are eligible. According to what broncovet cited. Contact your VSO and ask for the program. You are eligible for RAMP if you have a disability compensation appeal pending (i.e. waiting for a decision) in one of the following legacy appeal stages: Notice of Disagreement (NOD) Form 9, Appeal to Board of Veterans’ Appeals Certified to the Board but not yet activated for a Board decision Remand from the Board to VBA

Good, get with a VSO Monday. Yes it should be nearly impossible for the VA to change your rating after 5 years if you maintained the rating. Several years ago the VA wanted to change a rating that had been in effect for 20 years and a service connection that had been in effect for 10 years. Yes, this is illegal but they threatened me with this in an SOC. That's when I got a lawyer because they were violating my rights and doing it boldly. Sometimes I wonder if they do this just to see if they can get away with it. Your VSO should be able to get you the correct paperwork to file for an appeal. Please keep us updated.

Not to disagree with you Grumpbox but we do not shoot to kill. We shoot to stop the threat. If the perp dies that's on him. The semantics can wind you up in trouble in an otherwise righteous shooting. I am not a lawyer but I have learned a few things in the CCW community and as a holder of CCW insurance.

It sounds to me like the VA is using a missed C&P exam to reduce your rating. They can do this but you also have the right of appeal. Please follow Buck52's advice and file a notice of disagreement as soon as possible. I would also look at getting a VSO as they can look into your records in ways you cannot. Don't give up, they want you to.

Yes, this will work. As I was told when doing this remember to get a manager's statement as well if you can. I was told it carried more weight as this is your direct report.

Congratulations. Now you have to find a hobby to fill all of that spare time you used fighting the VA.

I agree with Broncovet on this. Ask your VA provider. An IME/IMO is hard to get on the outside. Most doctors do not want to become involved and ones that are willing to cost one to several thousand dollars.

Yes, I would be willing.

Sorry if we went on a tangent there kanewnut. Adjustment disorder is usually a label they stick on you to deny you benefits. I was stuck with the label hypochondriasis after eight years in service and a medical discharge and then went on to adjustment disorder and many others before I was diagnosed as PTSD. The reason I requested your discharge type and years in service etc is that sometimes this can be used to counter an incorrect mental health label from the VA. I will read your exams.

I was over 55 when I was awarded UI without P&T because I did not request it. I realize that they are supposed to do everything in their power to help you but if you do not ask for it you most likely will not get it. So I would request P&T.

Adjustment disorder is used to show that you have not adjusted to civilian life and it is your fault. Check your service medical records and see if they diagnosed you with something or anything else while you were still in service. If adjustment disorder was diagnosed while in service that is also bad. How many years were you in and did you see combat and what was the character of your discharge?

It appears you may be in a positive situation. I agree with Broncovet that you need to go to the VA and tell them you are homeless. They will know what resources are available and can direct you to them.

Using a polygraph is something that I hope is never used in VA cases. We could all pass a polygraph as to the honesty of our claims but the VA doubting our veracity is something that happens anyway. I would rely on buddy statements more than I would rely on a polygraph. These show that others have witnessed your injury or stressors. The VA puts credence in these statements. Polygraphs I believe are not normally allowed in court and that is what a BVA hearing is. It is performed by law judges that review your claim and all evidence presented. I have never had much luck with the local VA but I have been to the BVA twice and won a two cases over the past thirty years.

Yes, I have had the VA ignore evidence that supported my claim. When my claim reached the BVA the local VA was chastised for missing this evidence. How long to wait for a local hearing depends on the local VA. My wait was about six months. At the hearing I was asked questions by my VSO and the VA review officer, it was in question and answer format with a chance at the end to make a statement. I cannot say if requesting a local hearing was a good idea, for me it just delayed the BVA submission. Let me say though that every case is different and your results might be much better than mine.

I strongly agree with making a storable copy of your medical records. When I got out I was convinced the VA was there to help me and turned over all of my medical records. Long story short I never got them back. I had a C&P with a doctor once who took the time to go over my medical records and gave me some pages that contained valuable evidence. Without this evidence I probably would have never reached 100% retirement.

One reason I believe you should file for 100% disability is that the government has already once stated that they might reduce TDIU veterans once they reach retirement age. This did not happen but it may rear it's ugly head again.

Buck, You helped me. Jeff

Yes, you can collect VA disability and Social Security without any penalties. Is it double dipping, no. You paid into your social security retirement plan by working and you paid for your VA disability by serving your country.

From the regs and what you say about your case it looks like you are looking at a 20% rating.

glashutte, There is a wealth of information here and some people that know a whole lot about the appeals process. That said I believe you should get a VSO (veterans service officer). They can be had through the DAV, Paralyzed Veterans of America and a host of others. These people can help you locally and look up stuff on your records that you or we cannot. You do not have to turn your case over to them and then stop. When I was using a VSO I wrote all of my own appeals and then had them look at them to make sure I did not miss anything or mess something up. I fired one VSO after he made a serious error in my case, forgot to file a form 9 on time. Fortunately after some research I found that the board at that time said a formal form 9 was not required, just an appeal stating your disagreement. I hired another VSO because the one who made the mistake told me I had to refile with a new date. I used the second VSO until I decided I needed a lawyer seven years into my case because the VA was violating my rights. A long story shortened people here will assist you greatly and have a wealth of knowledge but having someone local never hurts. Just make sure that you do not let the VSO lead you astray. Vetquest

No, it is not silly. During your C&P your doctor will examine you for hemorrhoids. If they are not present you are still not out of luck. If your service records show that you have a continuing problem it is an issue. A good doctor or rater would realize that the condition may not show on a particular day. But yes the condition has to be current for you to receive disability. The question in this is then can you be cured of hemorrhoids? If the answer is yes you are out of luck. If the answer is no than that will be taken into account.

If you are in your initial claim an IMO may not be the most cost effective route to go, they can cost several thousand dollars. If your conditions are mentioned in your service medical records attach these records (copies not originals) to your claim. You most likely will be set up with C&P's for each issue. The C&P is where they decide how to rate each issue. You will receive a Statement of Claim (SOC) that will show how each issue was decided. Request copies of each C&P from the VA through the Freedom of information act (FIA). If you do not agree with these decisions it is now time to appeal your claim. Even at this point it may not be necessary to get an IMO. They may reevaluate the C&P's or do another one. If you are still denied you will receive a Supplemental Statement of Claim (SSOC). At this point you will probably appeal to the Board of Veterans Appeals (BOVA). It is here that you might want an IMO.

I second checking with your congressman. My records were "lost" at San Diego and I requested my congressman look into it. I got a letter from the Assistant Sec of the VA saying I had never been to their facility but if I had some proof I had been there that they would rebuild my records. I supplied copies I had and they supplied nothing in the end but at least I rattled someone's cage.