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tazntaylr

Third Class Petty Officers
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Posts posted by tazntaylr

  1. My BVA decision had 4 orders. 

    Granted:

    Service connection to April 2000, end of service date. Then granted 20% (max under the decided rating) to date of second claim filing June 2017.

    Remand:

    BVA decision had remand for VBA decision on whether the 20% disability rating be assigned to date of service connection June 2000. Last was to determine if an increased rating was possible. I had filed in my appeal for a higher than 20% using an other rating for my bilateral condition. 

    Well the VBA posted this yesterday. I hope they didn't mess with the grants.

    Current status

    Please review your Supplemental Statement of the Case

    The Veterans Benefits Administration sent you a Supplemental Statement of the Case on January 24, 2024 because, after completing the remand instructions from the Board, they couldn’t fully grant your appeal.

    What happens next?

    What happens next depends on whether you submit new evidence.

    • Your appeal will be returned to the Board

      If you don’t submit new evidence after the Supplemental Statement of the Case on January 24, 2024, the Veterans Benefits Administration will finish their work on the remand and return your case to the Board of Veterans’ Appeals.

      or
    • The Veterans Benefits Administration will send you a Supplemental Statement of the Case

      If you submit new evidence after the Supplemental Statement of the Case on January 24, 2024 and ask VA to review the evidence first, the Veterans Benefits Administration will need to write a new Supplemental Statement of the Case before returning your case to the Board of Veterans’ Appeals. Otherwise, the Decision Review Officer will send your appeal to the Board.

  2. I filed my first claims in 2000, then with VSO 2017, and finally I used Hadit, Veterans Law Blog, and other sites from 2018.

    Recently my claim for service connection from 2000 and rating increase from 0% was granted at the BVA on Nov 1, 2023, with remand. BVA granted service connection back to 2000 using 38 CFR 3.156(c), and 20% disability rating from June 2017 when I filed the claim (new) again (VA reopened saying it was 2000 claim). Remand is to determine if disability rating needs to be set to April 2000.

    BVA determined 2000 service connection based on fact that 2000 claim and 2002 review never used my service records, only the C&P exam who had conducted an incorrect exam according to the BVA judge. VA didn't request my service records till my 2017 claims.

    As I am currently at the VA 94% mark, the 20% should get me to 100% when the VARO generates my decision letter. Hadit and Veterans law blog were a great help along with some nexus letters from Prestige Veteran Medical Consulting (PVMC).

    Thank you again.

  3. Good day all,

    Been fighting some claims since 2018. Filed as secondaries to PTSD. I currently have my 3rd in person C&P thursday with QTC, 4th was ACE review. This is due to a HLR duty to assist error. My denial notice (denied in one week) from Oct 2022 indicated one claim was split and ongoing, other 2 were denied.

    Denial was based on a VA Medical Center medical opinion that was more "persuasive" than Dr. Todd Finnerty's IMO. VA medical center search, blue button, VA reginal office, and FOIA didn't turn up this phantom VAMC medical opinion (not listed in evidence). So filed HLR, and have new C&P exam (QTC) Thursday. 

    Two days ago, I was filing away my C&P exams into appropriate claim folders. My question for everyone is this, my second C&P exam (QTC, 1st was QTC also) I discovered that the QTC C&P examiner direct service-connected my 3 disabilities. I had filed them as secondary to PTSD, but the C&P Doctor direct service connected all 3. The date the Dr. signed was month 24, 2021, and the claim denial notice was dated month 25, 2021. Favorable finding stated that the C&P examiner diagnosed my 3 disabilities.

    No mention that the 3 disabilities were service connected. A HLR and 2 other supplemental claims had them listed as evidence, but were still denied.

  4. While I have more to fight back with, DRO hearing next month from other claim. The first I found I was rated last week was by bank deposit, with a check of e-benefits. PTSD was rated at 70%. Currently rated at 80%. I was denied all my secondary requests to PTSD, but will look into that.

    I would like to thank all of you, and information obtained from other sites to help me compile my PTSD claim. 

  5. Went to the Los Angeles RO and was able to get my medical opinion and DBQ.

    At least I don't have so much to worry about. I was DX with PTSD from 1 stressor. DR said other stressor did not meet Criteria A.

         Does it matter to be DX for PTSD under 1 stressor or multiple stressors?

    Criteria A: Box 1

    Criteria B: Box 3

    Criteria C; Box 1

    Criteria D; Box 5-6

    Criteria E: Box 3 and 6. I believe 1 an 2 should have been. In med notes.

    Criteria F, G, H: Box 1

     Criteria I: Box 1

    Symptoms: Box 1-3, 7-8, 18-20, 22 I believe missed #13. In Lay statements

    Other symptoms: Yes;

    1. issues with authority 2. fear related to work 3. Wife added before Army was normal person (would hang out, had friends, after incident different) not a social person, dissociative for up to a few minutes ( I did not know this before), and that I am tangential (need to look up now) at times. 

    Knowing I am officially DX is a big weight lifted. Thank you all for the help in locating records and other information. A huge help.

    Claims notice says rating estimate is March 12.

  6. Had the exam today, and lasted an hour. Was a PhD Doctor from Las Vegas. My wife was allowed in, and was able to contribute. My wife was able to add things from another point of view.

    My stressors were non-combat. My only concern was his question about why I thought one of my stressors was related to PTSD. That was the proposed Article 15, and spiced with chain of command destroying evidence and threating me. I did not like his tone when he commented about my requesting a court-martial. I told him that was because they had to prove their case and I was innocent. Chain of Command ultimately gave me a Letter of Caution, took my team away, and sent me to another company. Oh, and then was harassed, because I did not want any promotion, by every chain of command I had till I got out.

    I did ask, but said the VA was paying him. So I just have to wait for the rating for the diagnosis, and maybe a FOIA for the DBQ.

    Dr. recommended being checked for sleep apnea. Said that my eliminate my nightmares and ability to go back to sleep. I did cover most symptoms I have in my Vet Center records and statements.  

    Sorry for rambling, still reeling from exam. 

  7. 3 hours ago, shrekthetank1 said:

    That is great that you got this, but parts of every exam the va gives the doctor states your appearance, demeanor, state of mind, and anything else they see.  The reason vquest stated this is because many of us have been denied, because of trying to be a tough guy and not say it hurts or trying to hard to impress.  Also they can make cases later on to reduce your % based on how much you improved!

    As for your wife being there, I think they should allow it.  Also a lay statement from your wife goes a long way!

    Can I ask why you are doing a C&P if you were already awarded?

    Shrek,

    Have not been awarded. Just filed my claim Jan 10. This is my first C&P for that claim.

  8. I would like to thank you all for the information that helped me gather my information in my other question.

    Took most of the year, but finally filed PTSD due to personal trauma, early Jan 2019. Intent to file was running out. I did file some secondary conditions as well. I have just been called by VES to have my C&P PTSD exam in March. A question and answer exam I was told, 30-45 min. Glad I have researched similar exams here.

    Berta, Andy, Buck, Geekysquid,

    Thanks for the help and guidance. Was able to a buddy statement, CID records, VET center records from before I was discharged and current, and other current discipline records from work. Good statements from my wife and I as well.

  9. Thank you both for the information.

    My question was the schedule does not really list PTSD symptoms. I can look up symptoms on many sites, yes. But have not found where they relate to the schedule. Some yes, most no. Just looking to see where my medical symptom notes fall under the schedule. 10-30-50-70.

    A Happy Thanksgiving, with a great Christmas and New Year to both of you and your families.

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