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vetquest

Master Chief Petty Officer
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  1. Like
    vetquest got a reaction from 63Charlie in Pending HLR, Pending Supp Claim, Closed Supp Claim. Should I call or file IRIS   
    At this point I would go straight to the BVA if your HLR does not consider the IME.  There comes a time when enough is enough.  The decision you need to make at that point is whether to go with or without a lawyer.  Some people have won at the BVA without a lawyer but the lawyer has a better inside track to the BVA.  You lose 20% of your award but that comes with the fact of a lawyer.  When I did my first BVA claim you were not allowed to hire a lawyer and were fully at the mercy of the Board without anyone to make sure that the laws were abided by.  
  2. Like
    vetquest got a reaction from ShrekTheTank in Pending HLR, Pending Supp Claim, Closed Supp Claim. Should I call or file IRIS   
    At this point I would go straight to the BVA if your HLR does not consider the IME.  There comes a time when enough is enough.  The decision you need to make at that point is whether to go with or without a lawyer.  Some people have won at the BVA without a lawyer but the lawyer has a better inside track to the BVA.  You lose 20% of your award but that comes with the fact of a lawyer.  When I did my first BVA claim you were not allowed to hire a lawyer and were fully at the mercy of the Board without anyone to make sure that the laws were abided by.  
  3. Like
    vetquest got a reaction from Sgt. Wilky in The CHRONIC Presumptives   
    If your VSO will not touch it, it might be time to go on your own.  The members on this site will do all they can to assist you in doing this.
  4. Like
    vetquest got a reaction from GBArmy in Does a doctor have to do disability exams   
    Yes, I have been examined by an NP several times.  For a peripheral neuropathy claim also which was denied the first time out.  Before they can reduce you I believe they need to do another exam if it has been over five years.  If your appeal does not get granted I would suggest that you get an IMO by a doctor that specializes in PN if you can.  PN cases are difficult sometimes in that a lot depends on the examiner because there is so much the doctor or whoever cannot see or quantify.   
  5. Like
    vetquest got a reaction from ShrekTheTank in The CHRONIC Presumptives   
    If your VSO will not touch it, it might be time to go on your own.  The members on this site will do all they can to assist you in doing this.
  6. Like
    vetquest got a reaction from Holllie Greene in Appeal granted   
    I agree with Buck52.  Worrying about what the VA will or will not do is very counterproductive.  Wait for paperwork and then let us know what you need.
  7. Like
    vetquest reacted to Tmon82 in Hypertension and Sudden Death   
    Berta, no my father was enlisted during the gulf war era. And he never served in a war zone.
    Final update:
    Last month the claim was approved! HOWEVER, immediately following the decision I filed a notice of disagreement and sent for a higher level review. While reading through a ton of BVA decisions throughout this process, I learned that when someone applies for death benefits with the SSA, it is also to be treated as an application for DIC. My mom applied for SSA benefits a month after my dad passed in 2009. Apparently this lack of communication between the VA and SSA creates a loophole that allows for benefits to be backdated all the way back to a persons death. This week my mom received back payment going all the way back to 2009. I am so happy this is OVER. I highly recommend anyone reading look into this. I have no doubt there are many, many, many people who are owed a crapload of money and don’t even know it. I ran across this information by accident or else I wouldn’t have known either. 
    Here’s one of the BVA decisions I ran across to give everyone an idea. There’s many more if you run a search.
    https://www.va.gov/vetapp18/files8/18131017.txt
  8. Like
    vetquest reacted to pacmanx1 in 100 granted but tdiu or schedular   
    19k4life, please forgive me. I understand that you want to know what the heck is going on. Here at Hadit.com, we are trying to help you but we are only guessing/speculating at what the answer will/would be. It has been said over and over to never rely on ebenefits/VA.gov. and to wait for your rating decision. There will be times when a TDIU veteran files for an increase and be granted 100% scheduler. The 100% scheduler would be the new combined rating but the TDIU has its own effective date that cannot be taken away. Unless a veteran has a separate TDIU a veteran with TDIU then granted 100% scheduler will have both ratings but of course VA will only pay for one.  Your rating decision will come soon just let us know the final outcome of what was done. 
  9. Like
    vetquest got a reaction from ShrekTheTank in Supplemental w/ 5103   
    I would send the positive DBQ with your 5103, they might have it already but if they do not it could hurt your claim.  The VA for some reason generated a 5103 on my last fully developed claim and I had to call and tell them I had no more evidence. 
    The VA does not always get the claims right.  When I filed my NOD they added conditions to my appeal that I did not have on the original DBQ.  If you are concerned that they have not handled your claim correctly I would note this on the 5103 also.
  10. Thanks
    vetquest got a reaction from Mr Anxiety in Supplemental w/ 5103   
    I would send the positive DBQ with your 5103, they might have it already but if they do not it could hurt your claim.  The VA for some reason generated a 5103 on my last fully developed claim and I had to call and tell them I had no more evidence. 
    The VA does not always get the claims right.  When I filed my NOD they added conditions to my appeal that I did not have on the original DBQ.  If you are concerned that they have not handled your claim correctly I would note this on the 5103 also.
  11. Like
    vetquest reacted to Willy P in IMO Sleep Apnea   
    I used Dr. Anaise.
    He reviewed my claim file and medical docs via email and agreed that he could help.  After I paid him, I had the IMO in about a week.
    The IMO is what won my supplemental claim for sleep apnea, so I recommend contacting his office.
  12. Like
    vetquest reacted to GBArmy in richard williams   
    The fax number for Janesville, Wi. is 8445317818. You might send them a one page fax asking what the physical address is. Or, you could try phone # for foreign claimants 2485244260.
  13. Like
    vetquest got a reaction from Vync in How long does a higher level review/CUE take?   
    BlueBonnie, you can call Peggy and request they send your case to decision in that you have no further information to send to them.  I had to do this on my last claim in that I sent in an FDE and they fooled around for some months stating that I needed to provide further information.  I called and requested that they adjudicate my case, they read me a statement that I agreed to and then submitted the necessary form while I was on the phone.
  14. Like
    vetquest reacted to gba in Appeal granted   
    In 2017, the Veterans administration audited my benefits. It was determined that I received an overpayment of 39,000. Waivers were denied. In 2018 I filed an appeal. I presented evidence which my audit.
    The evidence was available on the E-benefits page outlining payment history. I was granted my appeal after 2 years and 24,000 dollars reduction of benefits. The financial hardships are heavy. I am single.
    Cant imagine the impact on a family. This is a success because I decided to follow my initial instinct. Not sure about the return of deductions. Haven't received paperwork. Good fortune to all especially to families.  
    GBA
  15. Like
    vetquest got a reaction from paulstrgn in Borderline personality disorder   
    I was once declared to be suffering borderline personality disorder by the VA, this after they had assigned over six other diagnosis's for my "mental disorder".  It is a cop out on compensation and treating you since it is almost impossible to treat.  Do not let them go down this rabbit hole.  If they say you have this request another exam, outside of the VA if necessary.  This diagnosis is a hit job designed to deny you compensation and treatment.  I would stick to the Bi Polar diagnosis and fight any attempts to change it.  
    Wait and see what the diagnosis is and if they do diagnosis BPD fight it.
  16. Like
    vetquest reacted to GBArmy in Higher level review   
    SPO, what I would try is go to the RO and ask them what they can tell you about disclosing what the "new" evidence is. The VA does have a duty to assist, but I assume your next move will be supplement claim. You will need new evidence; if they told you what it was you could figure out whether it is enough or you will need more. Research M21-1 VA manual. Maybe 
    I.1.A.1.c.  Amendment to 38 U.S.C. 5103
      PL 106-475 amended 38 U.S.C. 5103  to require VA to notify the claimant of any information not previously provided that is necessary to substantiate the claim.  The PL provided that such information shall be received by VA within one year from the date of the notification.
  17. Like
    vetquest reacted to stumpy579 in C&P Results Delayed   
    Changed to 30 Calendar days as of October 2019. You can request from information office at VA facility where exam performed after 20 "business days" but that would be almost 30 calendar days anyway. If you had xrays or labs with your exam they will still be in BlueButton after 3 days. https://www.myhealth.va.gov/mhv-portal-web/my-healthevet-va-notes-learn-more
  18. Like
    vetquest reacted to GBArmy in Compensation   
    Respond179 You want to stay on the same posting thread so we can follow the comments. So, I believe you said that Janesville is sending you a letter. Did you talk to someone and they told you that, or what? No use to speculate; we don't have any facts about what you are trying to accomplish. Wait until you receive it in hand and then, if you have questions, come back here and post it to this tread and we will try to help.
  19. Like
    vetquest got a reaction from Bedells in C&P for increase for major depression disorder w/ anxiety   
    @Bedells, I would challenge this exam.  I have suicidal ideation and have had for a while.  I have never been threatened with immediate hospitalization if I answer yes to this question.  I have spent time in the VA ward though for mental health.  I was voluntary, not involuntary,  I was invited for two weeks.  My wife handles my finances and I have never been threatened with a fiduciary.  
    I believe this examiner was playing a game of hardball with you.  I do not do well in such an environment so you handled it better than I would have.  I most likely have blown a gasket, which I have done before and been flagged for before.
    You handled it well, now ask for another exam and explain why if asked.
  20. Like
    vetquest got a reaction from Jamezam in Advice requested...   
    As for extrascheduler consideration for migraines, this might be a bridge too far.  I lost my job due to my service connected migraines and a SSA lawyer stated I could not work any job due to my lost time from work and I still was denied extrascheduler for migraines in trying to get TDIU.  The VA just does not consider migraines a serious disability.  I do not know why but that is how they roll.  The max for migraines is 50%. 
    I would like to say that if you have been to the BVA before you should be able to do it again and win with your evidence.  Another part of me says that a lawyer has access to the BVA that we do not and for complex claims that might be necessary.  I will only say as pete has said to never quit, never surrender.  These guys will B.S. us and lowball us all day long and would get away with it if it were not for the BVA and CVA.     
  21. Like
    vetquest got a reaction from GBArmy in C&P for increase for major depression disorder w/ anxiety   
    @Bedells, I would challenge this exam.  I have suicidal ideation and have had for a while.  I have never been threatened with immediate hospitalization if I answer yes to this question.  I have spent time in the VA ward though for mental health.  I was voluntary, not involuntary,  I was invited for two weeks.  My wife handles my finances and I have never been threatened with a fiduciary.  
    I believe this examiner was playing a game of hardball with you.  I do not do well in such an environment so you handled it better than I would have.  I most likely have blown a gasket, which I have done before and been flagged for before.
    You handled it well, now ask for another exam and explain why if asked.
  22. Like
    vetquest reacted to GBArmy in C&P for increase for major depression disorder w/ anxiety   
    I agree with Shrek and Mike; follow their advise. I would sit down and write down what happened. You already said a lot already. See if you can think of anything else, more details, especially how she lead you to answer the questions. Then, I would call the VAMC and ask to have a new C&P due to what just happened . Tell them what you documented. You have the right to answer the questions during the exam the way YOU feel you should. Don't settle for anything less than a new exam and examiner. IMO
  23. Like
    vetquest reacted to Miken2c74 in C&P for increase for major depression disorder w/ anxiety   
    Please let someone know about this examiner. This is BS. Remember you have the right to challenge an exam.
  24. Like
    vetquest reacted to ShrekTheTank in C&P for increase for major depression disorder w/ anxiety   
    I am sorry this happened to you, but is something the VA uses get us in line so to say.  Some of the C&P examiners will want to scare you as they do not want to do all the paper work.  
    With that being said, You can go to the VA hospital and ask for a new C&P exam if you felt that one did not cover what needed to be covered.  
    Next you need to be honest with them, even if they throw that crap at you.   You have every right to lead off with I am not suicidal right now.  The even harder part is there are sometimes we need to seek this treatment at the hospital.  
    Don't let their fear tactics work, you and you alone know what is going on with you.  It does sound like you have a lot of evidence in your appeal I assume.  Keep fighting you will get there!
    Also get the help you need if you go down the rabbit hole.
  25. Like
    vetquest got a reaction from awgv001 in I had some re-exams recently...   
    If you have a claim at the BVA for injuries that have been noted and they have worsened following the time it took to get them SC I would immediately refile with the BVA after your decision or remand.  Send your case directly back to the BVA with an IMO if you can afford one.  This case will be handled expeditiously and you should have a decision within months instead of years.  If they remand again as was done in my case you get stuck back at the RO and their monkey business.  I am currently in an NOD (old system) holding pattern for one such case.  The BVA SC my neuropathy and the remand was done on ten year old evidence.  
    I agree with Buck that you need to get your TBI on board and SC.  Now is the time to fight this. 
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