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Rick33

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Everything posted by Rick33

  1. I was granted my claimed conditions in July by the BVA after close to 10 years of appeals. The VA regional office quickly got a decision letter together. 1. They rated sinusitis 30 and GERD 10 (should have been 30) based on my personal physician DBQs from 2015. Both were deferred and said: entitlement to higher evaluation is deferred for VA examination. The Cp examiner deemed both worse and VA increased but effective date was date of exam. It’s not my fault the VA neglected to give me an exam when claim started. Should the effective date be the date of claim? 2. The VA also put down entitlement to individual unemployability is deferred for claims development 21-8940. Now I am receiving correspondence with these applications from VA. I did not apply for this at any time during appeals. Also, the VA deemed me 100 P&T based on a C&P exam for another disability in 2021 with an effective date in 2018. Why did VA put me in for something I did not apply for and not recognize the 100 P& T? Thank You for your help
  2. Thanks, it’s just a couple of simple questions I had because there was nothing that came up on search. my disability rated in 18 that is now PT after 4 -5 years is something I should have been rated 50% for at my hardship discharge then re evaluated at 6 months but was not. The VA/BVA can’t expect me to wait on my BVA appeal stemming from a 2014 claim that sits and collects dust at the BVA while they use an illness that 99% of the time is not any worse than a cold or the flu as an excuse for their backlog.
  3. I appreciate the input. I really don’t care about future exams; just don’t need the additional one on top of possible 2 for remand. They are stressful enough as it is.
  4. I was curious if a remand from an existing claim at BVA would be considered a new claim by VA for a person deemed P&T for a separate claim filed before BVA docket was seen? Would a person who has no future exams then be subjected to possible exams for the PT condition?
  5. Thanks, the C&P examiner marked the “total” box and 100% criteria.
  6. I just tried to call the 1000 and the lady said she was going to send an inquiry straight to the RATER and in tge end I thought to wait until the 75 day mark.
  7. Thank you sir It is a std claim and the Va regional office and that 1000 number told me everything regarding evidence is there and nothing else is needed. It is still in a que and a suspense date towards the end of June 30 wasn’t met. So all is ready for them. It is not MST. P&T was requested via my psychiatrist. He And a VSO said the CP exam was good and I shouldn’t need to appeal for it. Just seems like a long time.
  8. All criteria for 100 are checked. My mistake.
  9. I currently have a claim for an increase in for PTSD PT. The claim is 5.5 months in and It is in the preparation for decision step almost 2 months now. I received my CP exam results a few weeks ago and the examiner marked: total occupational and social plus 5 of 7 of the criteria for 100. I do not get hopes up that this means automatic due to 3 horrendous experiences with the VA. I look at it like I have a possibility for the rating. Just curious if this is the norm on length now? Also , are only certain personnel allowed to review and rate increases for PTSD P&T? I have heard this. Just want to ask.
  10. I have a non combat PTSD exam today. Any advice? Also will they focus on my childhood? there are things they don’t need to know about me growing up. All in all I’m just going to be myself. I’m taking my wife, my rep says she shouldn’t chime in until the examiner concludes and my counselor says to let the exam flow naturally and if she needs to contribute she can. Just curious on opinions
  11. I have several buddy letters, DBQ's and nexus letters for an appeal I have. I'm also preparing another claim for other issues. 1. During an initial claim are buddy letters, DBQ's and nexus taken into consideration? 2. Is lay evidence taken into consideration for the initial appeal or do they deny so you will have to appeal to the BVA? Some of the issues I have are unfortunately not in my SMR due to poor documentation by the proper personnel who outranked me 100% of the time. I have to rely on lay evidence for my claim in most cases. Thanks in advance Thank you for your help everyone. I am relatively new to the process.
  12. Yes I was stationed at TAFB and was a security policeman. A civilian friend was murdered in the blast. All of my stressors were AD and can be proven with documents and lay evidence. My child was in hospital first 3 weeks of life with meningitis symptoms, a fall I took and a hardship discharge. The one I will have a hard time proving is when someone held me down and you it a pillow over my head while I was sleeping. I can never get it out of my head. My psychiatrist says it’s PTSD. 
  13. Yes I was stationed at TAFB and was a security policeman. A civilian friend was murdered in the blast. All of my stressors were AD and can be proven with documents and lay evidence. My child was in hospital first 3 weeks of life with meningitis symptoms, a fall I took and a hardship discharge. The one I will have a hard time proving is when someone held me down and you it a pillow over my head while I was sleeping. I can never get it out of my head. My psychiatrist says it’s PTSD.
  14. I was recently diagnosed with PTSD with several stressors drug out of me. Would the OKC bombing be considered a “fear of hostile military or terrorist activity”? thank you very much L. Helps tremendously.
  15. Can you file additional claim(s) if you have one already on appeal? Thanks in advance
  16. I have a nexus letter from a physician and the only element that he didn't put in letter was board certified in his practice, however, his vitae / resume' is attached to the letter. Will the VA recognize the vitae as proof of the physicians certifications or are they too dense to consider/understand the given information? Thanks
  17. I have a nexus letter from a physician and the only element that he didn't put in letter was board certified in his practice, however, his vitae / resume' is attached to the letter. Will the VA recognize the vitae as proof of the physicians certifications or are they too dense to consider/understand the given information? Thanks
  18. Also; will the VA think my wife and I contradicted each other? Thanks in advance for all of your time. I hope that one of these days I will be able to give guidance to someone in need as I grow in my knowledge and wisdom.
  19. Thank you sir; I appreciate your response. Everything is covered with the exception of #1. His Vitae/resume' is attached directly behind the letter though. Is that acceptable? If this won't suffice I will have time to get it rectified.
  20. I was a PO2 and it has E-2 listed. I didn't see where rank was asked.
  21. Hello all; I am a US Navy veteran and new to had it and was wanting to ask about my nexus letter and some specific lay evidence that I have. First, I have a nexus from my physician connecting sleep apnea to service. He wrote a letter and said that I have suffered from symptoms of sleep apnea both in service and post service referencing symptoms listed in lay evidence and spouse interview. He didn't call them out specifically just that he seen it in the lay evidence. He did mention frequent indigestion and headaches though. Will my physician not listing each symptom in his letter result in the letter being discredited or does the reference to symptoms in lay evidence work? There was also a time in service that personnel I served with gave me a difficult time for waking them up and complained to the Senior Chief who informed me there was nothing that can be done. This was 1993. Underway in casual conversation I brought it up to the corpsman who said no testing or sleep study would be done at that time. I told my wife about what my Senior chief said several times in the past and she mentioned it in her letter to the VA; however; in my 4138 I only mention the conversation with the corpsman which I thought to be more pertinent. Could this present an issue with my claim and if so would I be allowed to elaborate in another statement on a 4138 or letter and maybe tell the whole story leading up to what the LCPO stated? This has been waiting for appeal for 2 years and I don't know why all of a sudden it has been bothering me this past month. Thanks in advance for any responses or assistance and I hope I didn't ramble on.
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