vetquest

If I understand correctly both form 9's have been found. That means that nothing is lost, you will be owed back pay for the years they have been missing. I know it is frustrating when things take a while but a ten year claim is not unheard of, mine settled ten years and one month to the day and then I had to wait another six months for funds to be released. Hang in there and do not get too wrapped up in your case. I know it is difficult but the VA works on their time and we cannot change them.

Can you get an IMO? In my case three C&P's were used to overturn a neurologists opinion and an IMO carried the day. Buddy statements are also weighed by BVA. I do not know how local boards weigh buddy statements but BVA chastised the local VA for not noting my buddy statements and included them in my decision. Good luck.

I would hope that an IMO written per VA specs should provide the nexus. Buddy letters place you there and might show some connection. The VA can service connect on this. My neuropathy was SC due to an IMO when the C&P exam stated there was no nexus 25 years after the fact. While I had service records, there was no relation in service records to the disability. Good luck.

When my disability was first rated by the VA it was for less than my military rating. I am told that this is very rare. It usually comes out equal to or higher than your retired level.

I had a BVA claim where the full remand instructions were not met. My case was remanded a second time. The bad news is that it takes longer for your claim. The good news is that a second remand came back with some pretty strong instructions about what the local board had to do. Do you have a VSO who you can talk to about this. If the VA gets their act together they probably have time to get the other C&P done before the BVA rules.

Buck, have you tried tai chi. It takes a while to learn but is good for anxiety and other things. My doctor recommended it eleven years ago and it has been great for me. Thanks for all of your help.

I have to agree with Buck on this one. There is a picture planted in my mind that comes out almost daily. I have been under "treatment" for over 35 years and still have reoccurring thoughts.

That would put you at six years on your disability. If I remember right it takes two C&P exams to reduce a disability in effect for more than 5 years.

One thing that I found useful for a UI claim is a letter from coworkers and management about the troubles you are having holding a job. They are called buddy statements just like statements from former service members. They helped me get 100% P&T.

I cannot answer that question but I am curious how long your rating has been in effect. That has a lot to do with what they have to do to reduce you. I was reduced once many years ago but that was before ebenefits.

Take it any way you can get it. You have earned it with your service.

I knew a veteran who was 100 P&T for PTSD. Unfortunately he spent several weeks each month in the hospital. The regs are written such that any veteran getting 100% PTSD is not able to function at all in society.

I was under the understanding that you had to be a basket case to get 100% PTSD. Are you sure you are not UI permanent? I was at PTSD 70% and UI.

Buck, As I understand it your effective date is what the 5, 10, and 20 year rules go by. I was discharged in 1986 and received 50% at BVA in 1991 for PTSD. My eff date was 1986. I was awarded 0% for headaches with an eff date of 1991. When the VA attempted to sever the headache claim in 2011 we used the 10 year rule on them and that was the last I heard of severance. When the VA stated they were going to reduce my PTSD in 2011 we used the twenty year rule on them. The BVA awarded 70% for PTSD eff in 2007 and my 20 year clock reset for 70% and the 5 and 10 year clocks remained at 1986. I understand they can drop my 70% only to 50% because that is at 20 years. I can get some of the regs about this but I will need to research some.

I have to agree with retiredat44 on this. DRC will not correct BVA remands where the cases are not properly developed at the C&P and DRO level. Way too many acronyms there.

I would prefer the sentence read "while on active duty" instead of "through the veteran's administration" Can you explain to the doctor that IMO's must be very precise and ask him to clarify this sentence? The VA might get stuck on this sentence but they also may see it as a strong IMO. Does anyone else have an opinion on this?

If the BVA made a decision you should be hearing from them. Remands can hold up implementation of a decision though. I was granted TDIU backdated for 10 years but I did not receive the grant until my remands were completed.

IMO's can be hard to get and will be expensive but they are worth every penny if the VA is attempting to reduce you. Several years ago I had an SOC that mentioned scheduling future medical exams for a reduction in rating after asking for an increase in rating. The C&P examiner was the same doctor that said I was in need of a reduction. The examination was derogatory to say the least. I got an IMO from a neurologist outside the VA and several buddy statements from workmates that attested to how much my condition was affecting employment. The BVA referenced the IMO and the buddy statements and called for another exam with specific instructions for the examiner. That C&P was much more favorable.

knehansm, I would not worry about the best RO's. A regional office that is great for me may be the worst for you. Locate to a solid place where you can find employment and get the treatment you need. You are better off where you are stable while you wait for your claim as it might take years before the final disposition. Get to a safe stable place and then worry about the RO.

It looks like a favorable exam with anxiety secondary to your primary diagnosis. I would go with Vync that you are probably looking at a 50% rating. Thoughts of suicide might make a 70% rating but it looks like they were not concerned with your suicide thoughts. I am a 70% veteran for PTSD and anxiety and might I suggest counseling to deal with your aggressive feelings. You have been lucky so far to not have involvement with the law but luck runs out. You need a good counselor that knows how to deal with vets. Good luck and if you are denied be sure to appeal.

Ten years at the BVA with two remands for me. It really is a crap shoot, do you have representation?

Hollie Greene, In my case the local VA disregarded civilian medical records and buddy statements. At the BVA level my civilian medical records and buddy statements carried the day. Keep pushing until things work out.

I think that I erred in not signing up with a lawyer. The VA local office kept my case over three years at the local office during one iteration of my appeal. They attempted to do this again after I had a lawyer and the lawyer threatened to file a motion on my case and it was cleared up very quickly. I also do not believe they would have pulled some of the early stuff on my SOC's if they knew a lawyer would be reading the SOC's

My last BVA remand slapped the doctors hand for making opinions he was not qualified to make. He first declared my 10+ year service connection to be incorrect, saying my condition should be severed. On his second exam he all but directly declared that I was malingering. I cannot help but wonder if this was some of the reason his neurology department at the Johnson City VA was closed down.

I believe then that you should attempt to have the epilepsy rated as service connected. Any disease that incurs in service or becomes worse in service can be service connected. You appear to be in the same situation I was in. I was discharged at the convenience of the government after 8 years so the VA refused to consider me as disabled due to my not being discharged as disabled.