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RVoorhis
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Posts posted by RVoorhis
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On 8/28/2018 at 7:19 AM, MyGooseIsLoose said:
Hi all,
Although I am new to the forum I have been a reader/follower for several months and feel that my situation can help others so would like to share. As the title implies, my claim was just approved and it all took less than 2 months, heres the story. Keep in mind I am only 29 years old, served 7 years and 3 deployments to Afghanistan as a 13B.
One year ago I was approved for %70 PTSD and a few other %10 issues totaling %80 disability. Although I was very happy and grateful for the %80 I have been unable to work since 2015 due to my PTSD and inability to interact with others (specfically coworkers). On July 3rd I filed an increase for PTSD and individual unemployability. I was scheduled a C&P literally 2 weeks after I filed and went to it (obviously). It was through QTC and literally lasted 15 minutes. The dude who gave it seemed nice but did not ask me many questions at all. I had no idea weather it would yield a positive or negative outcome as he did not give me any hints one way or the other. After the C&P I pretty much told myself that my claim would be denied and I would ultimately end up having to appeal it (which we all know can take forever) so I did not get my hopes up AT ALL. On top of that my previous employer from 2015 did not send in the form the VA sends to them (27-somthing I can't remember) so I was like man literally all I have going for me is my own statement (which was 100% the truth), my doctors notes, and that C&P which I did not feel good about at all. For these reasons I pretty much gave up all hope. I wished I had something from a doctor stating that I was unemployable due to my service connected PTSD (which I know from this forum is they KEY to getting approved for IU) and I had nothing of the sort. Forward a month and a half....
Yesterday I checked EBENNIES (it has been less than 2 months) and the claim moved to Pending decision approval so I was like cool at least it is moving along and I can file my appeal and begin the LONG process. Well one hour later I logged back in and the claim was closed. I checked my VA letters and sure enough I was approved for %100 TDIU, not permanent and total however (im only 29). I was very happy and did not expect it at all. Considering the claim was less than 2 months old I feel very fortunate that it worked out in my favor and felt compelled to share this with you all as this forum was a HUGE help to me during my process. Now, thank god and the VA, I will be able to support my daughter the way she deserves and focus on my own PTSD treatment. I wanted to say thank you to all of you who use this forum it was a big help to me and I will do my best to give back and help others on their quest for benefits.
Steel Rain.
Yes, congrats! I am 70% PTSD, 10% tinnitus, 10% hearing loss and 0% anejaculation for which I get SMC. My TDIU went through quick too, about 40 days, permanent and total. Just won a BVA appeal for spine injuries after a 5 year fight and based on the PTSD grant I was able to get my discharge upgraded from general under honorable to full honorable from the BNRC in Washington, DC. I am 61 yrs old, my service was Vietnam era Navy 73-75 USS Independence, I still have outstanding claims for issues secondary to Spine & PTSD. If I can get another rating at 60% I will get additional SMC.
Keep fighting and never give up brother!! -
2 hours ago, Gastone said:
63, unwise not to use a VSO for info verification and their somewhat limited assistance. The fact that you may be able to have a copy of relevant C-File pages in a day or 2 as opposed to having to wait 8 to 12 months after filing a VA FOIA, could be of great assistance.
Master Chief,
With all due respect, I've been using the DAV for several years and it's been a terrible experience! At least my local DAV makes me feel like I'm being a pain in the behind if I call to seek information. Short sarcastic answers to my questions like you just need to be patient, call back in a year, etc. Not very loving that's for sure.....
I did all of the leg work for my PTSD appeal and provided the VA with all of the case history and nexus and was awarded 70%., A month later I filed for TDIU again, on my own with a nexus and within 30 days I was awarded TDIU 100% permanent & total. November 2017 I filed for SMC for sexual side effects related to the medicine I take for PTSD, depression and anxiety. Within two weeks I had a C&P exam that was terrible. Many lies, alternative facts (haha) and basically a less than likely rationale. I did not have a nexus for this claim but I did submit medical literature that supported my claim.
I contacted the patient advocate who advised me to write a letter to the Director of the regional office medical center. The director called me and and basically told me he would fix the wrong, and by mid December 2017 less than 45 days from start to finish I was awarded SMC K-1 service connected 0% but, an extra $105.00 a month. Respectfully you did make reference to limited assistance, for me, taking the bull by the horns has worked in my favor and the internet is a never ending reference and literature library.Peace Brother
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9 minutes ago, Buck52 said:
I think the 100% alone don't met the SMC Criteria but I could be all wrong.
To met the SMC S HB Criteria the Veteran must be 100% plus another separate rating of 60% or more to meet the SMC S HB.
Now with TDIU P&T 100% or a Combined Rating for the TDIU P&T the Criteria is still a Seperate & distinct disability of 60%or higher
I heard from another hadit member when they Award TDIU P&T The SMC S H.B. is Automatic and they rate the SMC HB because the Veteran can't leave home for work so he is actually HouseBound..
I never got the SMC S H.B when I was Awarded the TDIU P&T in 2002...But I guess the regulations/Criteria has Changed Since Then?
Thanks Buck & Everyone Who Has Contributed!
Rob
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7 minutes ago, john999 said:
If you do get 100% then you should be considered for Housebound SMC "S" which is another $300 a month. I hope you get the 100%. Take a break and don't worry about crappy C&P exam. If you nudge the VA do it for a claim that will mean more money. Don't bother with rebuttal to exams or questioning your rating decision process. Take a victory lap and let the old dog lie down for a while.
Hi John
I did get 100% P/T not sure about SMC is that automatic? I couldn’t let the damaging C&P go and uploaded lots of rebuttal w/ proof. Got a call yesterday after I filed a complaint with the Whitehouse Hot Line, VA would not give me the decision of the appeal but the letter is in the mail and the gal told me I would be very happy with the decision. I hope so!!!!
Rob
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Have been notified that I have been granted 100% PTSD P&T dated back to 2013. Got a call today from regional office regarding the complaint I lodged with the Whitehouse Hotline regarding the inaccurate C&P examiners report related to my lower back injury. That appeal is finished as well BVA made final decision, she wouldn't tell me what the decision was but she did say I think you will be very happy with the decision...... I take that as a win!
I couldn't let that exam report go I uploaded a 6 page rebuttal to my claims file as well as an IMO seems something worked... Thanks for all of your input folks I greatly appreciate it. -
5 hours ago, IMEF-Gunny said:
Thank you for the input thus far. I have sent all of my documents associated with this claim to two seperate PHD level psychologist that are within 4 hours of me. Neither knows me personally, so no hired guns. Dr Val***e requires $2500 flat fee for IMO, but I've heard that he is well known amongst the VA and his IMO could actually not be beneficial for my claim.....don't know how true that is and nothing against him.
They say clear & unmistakable pre-existing depression, "purely speculation" to say what % aggravation might be due to service.......but in the same breath say I was deemed fit for service and do not meet but 1 of the criteria for PTSD.......due to crappy C&P.....however, if you pain your way thru the C&P his notes actually list several items that would meet said criteria!
Frustrating!
Before you decide what your going to think on it for a day or so. 4 years ago I filed for PTSD related to MST and of course got a negative C&P and was denied, VSO was useless and did NOTHING but file paperwork. The initial denial took 2 years then I appealed, I paid for that IMO from Dr Brett Valette, had another C&P with a brilliant psychiatrist with the two doctors in my favor was granted 70% PTSD dated back to the original file date 4 years earlier, 4 years of back pay! 6 weeks ago I filed for TDIU by myself on Ebenny's, I contacted Dr Valette for a second IMO, he gave me a nice discount and today just 6 weeks later 100% permanent / total with almost 5 years of back pay on the way because they dated that back to 2013 as well. Think about it, was a very good investment for me!
I live with terrible mental health issues because of what happened to me in the Navy but at least now I can live easier financially. Funny enough under the circumstances and what I went through the money was anti-climactic... Good Luck -
1 hour ago, pwrslm said:
If you have black and white proof that he falsified your records, you can also file a formal complaint with the VAOIG. Falsification of medical records is a felony.
You can also file complaints against him in the state where he has a license, and to any board to which he holds certifications.
I would start gathering evidence by getting a check up by a board certified spine surgeon, seeing how you already have an IMO for the nexus. New evidence that contradicts the C&P examiners report would go a long way both in complaints against the guy as well as your appeal.
Thank you! I do have the proof, this is so disturbing, my evidence has helped me get 70% PTSD for this event but, two C&P examiners have failed to even consider my back was injured during the incident, they won't even discuss it.. My proof has also allowed me to get my General Under Honorable discharge upgraded to Full Honorable by the Board of Naval Record Corrections. This in of itself is not an easy task and I did it myself without a lawyer.
The doctor who reviewed my evidence prior to the Board recommended no change, I sent a rebuttal and the Board agreed with me and found in my favor. -
7 hours ago, jbasser said:
Why would you try to hide a motorcycle wreck if you went to a hospital or docs office . They have computerized lists. They share information. I hope it works out for you. This is really a mess.
Exactly and then there is the fact that my right leg is fused and has no knee joint. I was hung by my ankles and beaten for over 30 minutes and when I tried to describe ow my back was injured during that incident this examiner had the gall to say that being hung upside down can be good for your back, I was stunned. He totally minimized the MST, this certainly wasn't a case of inversion therapy which I'm not sure even existed in the early 70's.
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Hi Folks
Had a C&P for lower back injury related to MST in 1975. C&P examiner a PHD/PA with an impressive resume also retired Rear Admiral filed his report less likely than not a couple of weeks ago. The report was full of misspellings, information discrepancies and a lie or two! This gentleman had me on the wrong ship, took very poor notes and many of the doctors I've seen as well as dates & times totally wrong. He tried to dispute my IMO from Dr David Anaise by saying I never told Dr Anaise I had a motorcycle accident after my separation from the Navy, that was an outright lie and I had the proof in emails that in fact I did tell Dr Anaise about the motorcycle accident.
It's clearly obvious this PA pencil whipped this report and hit send, does anyone think my IMO will carry more weight than this sloppy inadequate C&P report? I have uploaded a rebuttal to my ebenny case file.Thanks
Rob
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6 hours ago, Rodney Horn said:
I have a C&P coming up in October for Neck/Back pains. While in Iraq in 2004, I fell off of a 916 semi-truck and have buddy statements to verify this. I also have medical proof that I went to the TMC in theater and it was considered a "sprain" and was given light duty for a few days. When I returned home in 2005, I went to the VA and had MRI's done that confirmed I had a bulging disc going away from my spine. Since 2005, I have dealt with varying levels and range of motion and pain. My family doctor wrote a statement for me that he has been treating me for a Bulging Disc and believes that is it Service Connected. My Family Doctor is also a DR in the Army Reserves. My concern is that I have constant lower back pain due to the bulging disc, but if forced to try and ignore the pain, my ROM may appear to be better than it is, tat is if PAIN is not considered a high priority.
I have read on many forums that ROM is the main test used to determine a SC rating, but if that range is done in PAIN, will they take that into consideration. I do not want to do anything that would seem shady or lying, I simply want what is owed to me for my service and the injuries I incurred while in theater. Should I state that I have constant lower back pain in varying levels of pain when testing my ROM? I'm concerned after reading many post that pain is not the primary assessment tool used but rather ROM. If your able to move your neck and back but am always in pain, what's that say? Should I stop when the pain occurs?
Thank you,
I just had a C&P for lower back & cervical spine and there was much involved. ROM test at the very end of the visit which was a total of 1.5 hrs, it was a second exam because the first doctor pencil whipped the paperwork and I found many discrepancies. I filed a complaint with the patient advocates office right away and that led to the new exam. Second doc was cool a retired rear admiral however he wanted a detailed time line of care for my back after service which was quite difficult considering it was back in 1975!
He wanted to know specifics of the work that I did and how I managed to do things with a back injury, I explained flair ups and that I couldn't work for as many days that I did on average. I too had been written off as a sprain so very little backup in my C file. I brought a recent 5 year history with me as well as doctors notes for the visits or MRI reports etc.
I also provided him with a copy of my nexus letter from Dr. David Anaise all 46 pages! He told me he would give that weight in his decision. I feel confident that my C&P went well but I will caution you don't try to bullshit the examiner, my first examiner could have cared less, the second Doctor did care but he wanted a detailed timeline of medical care, work history and my ability to perform when I had good days.
My IMO (Nexus) cost me $1500.00 and hopefully it will solidify my case but without it, probably not. Good luck brother! -
5 hours ago, Tbird said:
@RVoorhis Dr Bash recently went through the loss of his mother and became unresponsive to some veterans on the board. You should do some research on recent work by any individual you plan to hire.
That explains why I haven't heard from him, thanks for that information! I used Dr Brett Valette for my PTSD claim and was recently awarded 70% after two denials, he did a great job! I just used him again for TDIU. I just emailed Dr Anaise I read a lot of great things about him on this forum.
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On 2/22/2017 at 4:04 PM, killemall said:
Thank you everyone
I used voc rehab to get my bachelors in business. I graduated last October but I still have 36 months of voc rehab benifit remaining.
I have a detailed 10 page letter from Dr bash that does include the verbage that I cant work due to disibilities.
I understand Dr Bash is pretty expensive?
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Thanks for the response Chief! It's been a while but I have had success like you by doing all of my own leg work and paperwork. Warmest Regards to you!
Rob