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Rick33

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Posts 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 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? 

  4. 3 hours ago, brokensoldier244th said:

    "Regular" PTSD can be reviewed by any VSR, and any RVSR, though generally the PTSD claims as a whole go to certain teams of RVSRs depending on what they are for. Mostly thats just so they can be more easily tracked, and so those of us with more experience in certain areas work more claims in that particular area. 2 months at "Prep" seems a bit long, though, unless they had to request records from NPRC or something, or are waiting on prior employers, private medical records, stuff like that. Did you file for IU? that can take longer, too. 

    MST (sexual trauma) PTSD claims, though, they only go to certain groups at 5 RO's right now, and each of those teams specifically is about 20 people or so, because we have had different training from the start, and ongoing, for working with these. They take longer because they are a lot more nuanced, and require a lot of back and forth with short patrol, CID, local investigative agencies, whatever. 

     

     

    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. 
     

  5. 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. 

  6. 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. 
     

     

  7. 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

     

  8.  

    15 hours ago, KC3 said:

    I took a fall in service in which I hit my nose. The doc didn't document or send for further eval; however I have found several friends from service to write on my behalf which leads me to topic.

    I have an appeal in for sleep apnea  in which I have an IMO letter , DBQ and several lay statements. The IMO does not mention my weight in service which is well below BMI. If I am blessed to get a C&P exam I fear the examiner will take only current weight into consideration regardless of what evidence is presented. Would it be wise to seek another IMO discussing the weight in service where the main symptoms started vs my weight post service or should I just let it ride? Thanks in advance

     

    Thank you Todd. You mention sleep specialist; would an ENT (otolaryngologist) work? 

     

  9. 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. 

  10. 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. 

  11. 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. 

  12. 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. 

  13. 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

  14. 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

  15. 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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