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First Class Petty Officer
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Grumpbox last won the day on May 19 2018

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About Grumpbox

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    E-5 Petty Officer 2nd Class

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  • Service Connected Disability

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  1. @Togore101 congradulations! Receiving the P&T status for me was a wonderful blessing also! I’m so thankful, daily.... Grumpbox
  2. Always apply for SSDI when you are not working/can’t work. That was the advise I got from a high profile lawyer specializing in SSD cases.
  3. @acesup Thanks for all the insight and advise!! I’ve done just that: obtained a lawyer. In fact, I’m seeing him today. He is really well-known, seasoned, and been winning cases like this for over 30 years, so I’m setting in for a long wait. Time will tell and the rest will smell.... thanks again!! Grumpbox
  4. @L Thanks so much for your detailed reply. SSDI is also based on working the last 5 out of 10 years as a criteria for approval. & remember YOUR ABILITIES - not always DISABILITIES.... Well, lets see, I was medically retired from the US Army, 21 Nov 2011. I worked very briefly for about four months after that. Then I had a long break until I worked again in 2016 for about four months. Since then (and to date) no work reflects on my Social Security, nor was there any other work, either. Also, I do have a 'My Social Security' account. This 'settlement' (which I have yet to receive) is for worker's comp, but NOT worker's comp like most think. I was injured as a contractor working overseas. While it falls under the Department of Labor in one sense, it actually falls under the Long Shore Harbor Act (government workers overseas); specifically, it is the Defense Base Act (DBA). I won't argue with you about SS offsetting the SSD. I've heard both: How they will and how this will NOT affect my monthly SSD. But there is something here to consider: For example, there are primarily three reasons a person would be approved SSD. 1. Someone born with a listed disability. (No fault on self) 2. Someone develops an illness listed. (No fault on self) 3. Someone injures her/himself while working on the job. (I fall in to this one.) (No fault on self) Now, back to the offset...my age...and the illness/injuries. If I had to guess, I'd say they initially denied me SSD, because of my age (47); although, they probably didn't even review my file and just denied me because it was my initial application. I am no lawyer, just a little taken back because of the denial. I emphasis this, because the guy who filled out/process my initial application said these words: "You shouldn't have any issues with getting approved. I've never seen a Veteran get denied SSD that is 100% P&T and has your kind of illnesses/injuries.) Now, this guy might of been blowing sunshine at me, or this really could be anomaly; I don't know. At least I have 60 days to file a 'Reconsideration.' That's all I can do at this, unless someone tells me otherwise. I am always open to sage advice... Grumpbox
  5. @MPsgt EXACTLY!! To Your last statement! I am rated by the VA “unable to work” and been unable to obtain gainful employment for some time now. I just don’t see why SSN denied me or the justification for the denial?
  6. SSD/SSDI Experts: Initial application for SSD was 22 May 2018. Denied initial application noted via Mysocialsecurity, dated: 17 Aug 2018. No official letter has arrived yet indicating reason(s). Also, my Date of Last Insured is 31 Dec 2018, per SSN. This is what concerns me. After 31 Dec 2018, I am NO Longer eligible for any type of SSD. I know I have 60 days to submit a 'Reconsideration;' however, how I go about this has me stonewalled. My state of residence is TN. @MPsgt You and I have spoke about this some, but not much over this phase: Denial. Making matters worse, when I filled this initial application at the local SSN Office, the guy doing so was nice and told me that he has NEVER had a Vet get denied SSD with 100% P&T. I suppose someone had to be first....might as well be me. I am currently 47, almost 48, so this may be a factor in their decision, but still, the 100% P&T I would think holds much merit for an approval. To skew matters more, I recently signed a settlement agreement with a law firm representing me for injury incurred while working as a security contractor overseas. The settlement amount was hefty, so I am wondering how this will/did affect the decision? Any feedback/advice is always a blessing!! Grumpbox
  7. @L I agree with you and the criteria - but I've just seen where the rater makes the final call. Example: I've seen where a rater awards 100% despite there being any self-harm, delusions, hallucinations or the later.... Its all up to the rater. In the end though, I think he's looking at at least 80%... Thanks though and take care @L !! GB
  8. @chriscond This looks like a fair to better review to me. I can tell in the doctor's comments that he was thorough and detailed, which means he takes time to scribe his thoughts. He's placed terminology in your DBQ that indicate at least 80% if not 100% IMO. With regards to the finite details that he screwed up: Its happened to all of us. Honestly, I wouldn't sweat it one bit. It looks like he's rated you extremely fairly and will produce the percentage I penned. I didn't read through what others posted, but I bet most informed you to chill some and see what the final award is. Only then should you develop a game plan. If its the way the want it, then you are good; however, if its not, then you have the time to adjust fire and make your battle plan.... Best of luck! Grumpbox
  9. You should, based on this DBQ. At a minimum, there should be a 30% rating for headaches. The doctor stuck it to you though on number 7., when he said it does not preclude you from work. If so, this would of been a 50% rating. However, he contradicts himself prior to this, because he mentions “prostrating” headaches, which is almost always 50%; plus, you mention how you loose work over your headaches...you should of got S/C for headaches.
  10. Do you currently receive VA Disability for Migraines? Or....Post Concussion Headaches, Headaches, etc?
  11. It looks like someone finally saw the error. Hopefully, they will reevaluate their decision for your rating/amount of percentage. I noticed there was only one page here.....it was page 9 of 9?? Where is your entire addendum? This might shed more light on a rating??
  12. @WillyP Read your article. Unsure where I find my opinion on this data. I, myself, have fired numerous types of shoulder-fired (and sitting fired) munitions. These range from the LAW, AT4, and the old Dragon system. To add, the M2 Browning .50cal can really cause shock waves internally. The first three types I mentioned occurred back in the 90s, and I can't remember the intensity of the shock wave; however, I can remember the M2 and the affect it had on me internally. I (and others possibly) would be interested in your other SC conditions. Especially, if one of these is PTSD; however, with a 30% rating, I assume there is no PTSD. This is the first I've heard of TBI being linked to this type of practice/training. I am not saying its not justified; I'm just saying its the first I've heard of it, and looks to be difficult to get a rating. THAT IS....unless - one's medical record reflects numerous complaints of TBI symptoms or residuals during one's military career. It all begins with the proof inside the pudding. Ever had any situations where you went to the medics for these complaints??
  13. Did you see the Neurologist before or after the C&P? I will assume after. If your claim was at the, "Preparation for Decision" phase and then went back to, "Gathering of Evidence" this is a GOOD thing! I see this from personal experience...here is why. Although, this is just my opinion. Your VA Reviewer that is ultimately handling your case, might have noticed a hiccup in the process. For example, this reviewer might have seen the notes from the Neurologist and put two and two together. Meaning, its not ready for a decision. Why, because maybe there is another C&P required. This is what happened to me. I was up for my five year PTSD Review. At the time I was 100%. When I completed my C&P for my initial PTSD, I noticed the doctor never checked my records...HOW DO I KNOW? Because he didn't check TBI nor did he checked other mental issues/illnesses. Here's a prime example of how waiting to see what happens plays to your favor. A few weeks pass and I get a call for a TBI C&P and it was with a Neurologist. She did her tests and asked me specific questions, as to the DBQ for TBI. As a result, she recommended an increase in my Post Concussion Headaches award and acknowledged my TBI....FINALLY - after many years coupled with loss of money! This prompted me to yet again, another C&P - this time for another PTSD C&P. When I arrived to this one, the lady doctor apologized for all that had occurred and how the previous doctor failed to not only review my records, but how he failed to list other mental/illnesses (TBI). I could hardly believe that right in front of me, here is a doctor from the VA apologizing about another doctor's inadequacies. In the end, VA found me 100% P&T. Most noteworthy....I never inquired, called, raised hell, or filed any kind of complaint or additional claims. I was calm, always thanked everyone, tried to answer my questions to the best of knowledge (which is a negative factor for me.) In the end, I just let it ride. I am glad I did for two reasons: 1) if I had tried to fight the system while it pursued, I might have knocked my fate off course; and, 2) even if I had tried to argue or file another claim during the whole process, I wouldn't be able to see the final reason from the VA --- "WHY" they denied me various disabilities. (NOTE/DISCLAIMER: THIS DOES NOT ALWAYS APPLY FOR EVERY VETERAN'S SITUATION.) What I mean is this. Once they finish with your claim, they will send you documentation describing the WHY. This WHY is your NEW TACTIC to take in order to debunk the VA's reason for denying your claim(s). It gives you the next direction to take - that's all I am trying to say; however, without this form of intel, you have zero information in order to develop your next future move. Like chess - I suppose... I'd be curious to see what happens next after the, "Gathering of Evidence." Please keep us updated so we can guide you, accordingly. GB
  14. @Rakkasan First, as Broncovet states: You are not screwed. You are just in the fight, that's all - do not give up!! My first question: Are you S/C for PTSD? If so, what %? Second, it might help some of the elders if they knew all disabilities you currently receive from the VA? Now ----- the C&P exam. Its obvious that the person performing this C&P Exam for you DID NOT review your medical file. I have a TN Education and I can figure this out. I say this with almost 100% conviction. Why? Because he did not see your current medication for migraines. Having said that, here is where homeboy made his second tactical error, which is to your advantage!!! With regard to his statement below: Well, here is a few scholarly articles I found as I scoured the web for your review: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3974501/ https://americanheadachesociety.org/news/post-traumatic-stress-disorder-ptsd-migraine/ https://migraine.com/migraine-and-mental-health/post-traumatic-stress-disorder/ Amazingly - all these scholarly sites indicated how migraines are connected to PTSD!!! REMEMBER -- These are OPINIONS backed by research!!!! HIS OPINION IS BACKED BY WHAT??? His lack of reviewing your file??? MINUS ONE FOR HIM.... So, now we have a tactical error from the examiner, scholarly evidence in support of your condition, and you are now receiving guidance on how to present your counterattack through this site!! I am currently not prescribed medication for migraines, nor have I ever been. I just told the Neurologist that I take Motrin and deal with it by resting in a dark, quiet room until I can function, which is the truth. However, I received a TBI C&P from a neurologist - just as you did - and moved from a 30% to a 50% increase from Post Concussion Headaches viz., migraines, which is the highest one can receive for migraines. Actually, many lawyers view this rating/condition as a TDIU award. Where am I going with all this???? First, the others that provided you with steps to take are WAY more knowledgeable than me. Instead, I wanted to offer you some insight I learned from a series and history of many C&Ps. Always be nice and thank the examiner, regardless of how they treat you.....to a point. Do your research on past cases through the BVA. And lastly - this one is super important!!! You have to learn how to tread water with your hands tied behind your back until it is time to freestyle swim. My Point??? There is nothing we can do during the waiting of the results from the C&P until it is available on Ebenfits. SO VERY MANY ELDERS ON HERE tried to pound this into my head. They were RIGHT - I WAS WRONG!! Only then after the examiner has posted his or her comments can we react, accordingly or in objection. This is more of a philosophy during this mind-bending affair waiting/reacting to this roller-coaster with the VA. I almost lost my mind during mine...even my wife told me: "You need to go down to the VA and get your head looked at." I drove her crazy as I waited in between many C&P exams...patience, which I lacked, got the best of me during that time. And after it was all over and the VA had basically looked at me with a microscope - I was awarded 100% P&T. I was floored and felt like I had worried about things that I had no business worrying about.. In the end - what is meant to be will happen, plain and simple!!! But one thing is as solid as life and death: You have HADIT.COM to ALWAYS HELP YOU!!! There are some incredibly brilliant people on here that will bend over backwards for Vets!!! Some of them should be lawyers - that's how competent they are! My best to you...let us know if there's anything we can do to leverage your situation!! RLTW!! Grumpbox out...
  15. @iraqx2 Are you a GI Bill or Post 9/11 recipient? As @L mentioned, there are some options here for transfer, dependent on which education program you elected previously...
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