vetquest

Yes, you appear to be in the VA's version. Is there any way to apply for epilepsy straight out? You had your first event in service and it was documented, I am surprised you were not discharged because of the epilepsy. What was the character of your discharge and did you go before a medical board?

Thanks for the information. I once had a local regional director claim I had never been to the San Diego facility after an emergency room visit and no fewer than five follow up appointments. When they said I could go back they claimed I had missed three appointments and was not therefore eligible for care. Good luck on your TDIU claim.

It looks like the VA did the same thing to you that they did to me. When I was awarded IU and then again when I was awarded SMS they made the effective date the date that the claim was settled. I would suggest that you get with your VSO and request a NOD on the date of award of benefits showing that you applied for the benefits on a date previous date. They did backdate the IU award but did not backdate the SMS in my case. Good Luck.

As time goes by the new information does not push your case back to the end of the line. It is the docket number that decides when your case appears before a law judge. My case had a new contention added to it that was denied outright. An IMO that was provided years later was considered in my decision. Your date of effect of that later added information may be later but the case is not stalled. As for the VA gathering information from your record, they are supposed to. They have the duty to assist. If you have civilian medical information be sure to add that too. If you are at 90% asking for 100% is not wrong but you should also consider IU. You may want to continue working but how effective are you in your employment? I had a lot of thoughts about never working again wondering if my children would think less of me but I did file for IU eventually. Always remember you earned these benefits by your service to your country and your injuries.

Please let us know if this is before the local VA or before the BVA? Back pay depends on where your case is when it is awarded. As number 5 said "need more input".

My docket number came in within months. It is the waiting for your claim to appear before a law judge that takes some years. Even after it is decided by a law judge they can remand your case if they feel that the case was not handled sufficiently. That adds a couple more years onto your case. The good news is that my second remand was handled within months using civilian contractors out of a Texas firm. The examiners were knowledgeable and fair. If you file a second claim when you are waiting for the BVA and you file a NOD on that claim the two claims are rolled together.

Gastone, the 100% TDIU did not take form until about six months as described above. There was a good retro check but I was already at 80% so it was tempered down some. My case was docketed in late 2007 but hopefully this does not apply to most veterans because my case suffered two remands due to incorrect and biased medical opinions offered by examiners. I hope that no one ever has to go to an examiner that was later released by the VA. I had to use two IMO's and a lawyer to get my disability. My first hearing was in D.C. and my second was not attended by me. The lawyer is based in Richmond CA and is available at https://www.goodmanallen.com/. The IMO's were performed by a neurologist https://www.imenet.com/members/7554-jack-e-scariano-jr. My lawyer was not overly impressed with the IMO's but they said all of the right things. I will say that getting your IMO out of Dr. Scariano's office can be difficult and they only send a copy to your lawyer.

Sheppcw, I cannot say for sure. My case was a worst case scenario and took about six months. This was because the regional office had to make reevaluate my claim due to inappropriate determination and decide on the level of severity of service connected disability for a new condition. The local VRO did not release funds until all work was complete, I understand that the VRO can release funds almost immediately if they choose to do so.

I agree with Broncovet here that if you believe an MRI is warranted you might want to get one for yourself if you can afford it. I had to get two IMO's for my claim. The VA is not the best steward of medical care right now.

Since you are already going to the VA for care I would recommend you see a VSO at the facility. A good veterans service officer will be able to pull your record together and see what you can apply for. Since you never disagreed with your claim you most likely will not be able to get back pay but you can file for an increase in severity in your currently rated claims and file a new claim for your panic attacks. Just be prepared since nothing happens quickly at the VA. Good luck and come back, some people smarter than me will chime in pretty quickly.

Really as far as I know there is no specified procedure, you just file another group as your POA. I would at least have a vet's group have your POA since you can at the very least call them and ask them to look up stuff for you on the system that you cannot see. Even if you represent yourself you should have someone to look over your shoulder to make sure you are not messing yourself up. Before I had a lawyer I had a state representative but I wrote all of my own appeal paperwork. Good luck and do not give up.

As it happened in my case it bounced back and forth between the VLJ and admin case processing for a couple of months. Your time frame might be longer or shorter depending on your docket date.

Goodman Allan Doonely is a large firm that represented me. They are quick to respond and tell you if they will represent you. You can google them.

I will answer as best as I can. I am not a shrink but I have been to a few. Do you have a dog - are you able to take care of him. Do you do housework - are you able to be up and around and clean up after yourself. Do you work outside - are you working outside doing chores. Do you shower daily - how is your hygiene. These are questions used to form a profile of you in your daily activities. With anxiety and depression one of the first things to go might be your hygiene, my wife helps me keep track of this. I also find housework and work outside difficult. As for a dog, I have three and that is one thing that I am able to keep up after without help, they are sitting at my feet right now and help to keep me centered.

Five years is a long time to wait for a claim. It saps your psych and can become an obsession. If you are feeling too much like you want to die a short time at the VA mental health facility might be a good option if it is possible. Otherwise get a good counselor, it is not worth dying over. I have been where you are at after a ten year wait. Broncovet gave you some really good advice. Don't be like me and after your case is decided feel a let down because you have been too involved for ten years.

Not knowing your disability it is hard to say what "including periods of hospital observation" means. In my case it would have included two weeks I spent in a mental ward and one week I spent in the V.A. hospital for observation of my physical disability. They are trying to get all medical information about your case to ensure they have determined your re-evaluation exam correctly.

My condition was first diagnosed as hypochondriasis. After that I was diagnosed as depressive, bi-polar, narcissistic, somatoform, anxiety and others. I was finally diagnosed as suffering mixed personality disorder. It was not until ten years after my discharge that I was diagnosed as suffering PTSD. It was another ten years before the V.A. recognized my physical disability. For all of those suffering from emotional turmoil keep fighting and do not let them shuffle you off with a bad diagnosis.

I attempted to use another forum for questions about my V.A. case and got a lot of flack. Hadit personnel have always been supportive and kind. I got help from people mentioned by Buck52, including him. In the end I won an "unwinnable" case and I am now 100%+ after ten years of fighting. Thanks to everybody.

I cannot be sure but when I had two appeals before the board they closed one and rolled the closed one into the open appeal. If you are at the BVA level you should be able to ask your lawyer or vet rep.

Mine took about four months but that was with my case being remanded. Should be sooner if there is no remand.

How does one go about that. I am not up to speed on all of the V.A. CFC's and regulations.

After twelve years and two remands I have been awarded 100% complete and total disability with sms due to limitation of a limb. I was awarded 90% with IU three years ago but against my lawyers recommendation I wanted to push for 100%. I used the advice from here to push for full benefits even if I was getting a 100% payment. I fought with the V.A. the for 25 years as I worked in the civilian world, if my disability was serious enough to warrant an early retirement from the Corps it was serious enough to rate disability. After that I lost my civilian job due to my disability twelve years ago the fight began in earnest. I did a lot of this on my own because I found that while their hearts are in the right place a lot of DAV, etc organizations are haphazard. I got a lawyer when it became obvious that the V.A. was violating my rights as a veteran leading up to BVA. Now I need to find a new hobby.