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Senior Chief Petty Officer
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GeekySquid last won the day on December 9

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About GeekySquid

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    E-6 Petty Officer 1st Class

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  1. This, IMO, is the correct way to view your situation for all the reasons you listed. IT will do you a world of good if you are able work and supplement your family income, teach your son by example, and support your wife who has been/is supportive of you. you must learn the ins and outs to become your own best advocate with the VA. IT is lot of information, history, and even abuse; systemic challenges exist. learn how to read 38 CFR and the MR21 adjudication manual. learn when a lawyer or vso is needed and when you can DIY. Read Chris Attig over at Veterans Law Blog Put that ego, training, backbone, and determination to work for yourself, your family and for other vets.
  2. that is great, but IMO you will still want the other stuff in the packet in the event you wish to NOD the rating or have other legal action. The three items I listed must display a close affinity to each other. In other words the request must state exactly what they are looking for, the dbq must address all of those things and the notes must support both. If there is a variance you might have an opportunity for a higher rating, earlier date, etc or if need be if the rater strays from the dbq and denies you will have proof of their not having read the files and results and or trying to find negative evidence instead of working to maximize you claim. IMO it is better to do this now than to wait, but you do what you feel is necessary.
  3. here's a blip for ya. one of the common characteristics of people with ptsd are inconsistencies with the event details/timeline. we also share a tendency to put on a good face under questioning about our lives. an experienced examiner will know how to read between the lines. don't expend any energy trying to second guess or worry about the c&p right now. I don't remember if you said if it was done at the VA or at a contractor site. If at the VA then in about 3 days it will be in your Blue Button files. If at an outside contractor it will take 2 to 4 weeks before it is in your c-file. Call Peggy and she will tell you if the files are there. If they are there then you can file for another c-file or try and contact your local RO Release of Information office sometimes called Record Management office. You want to get your entire C&P packet which includes the doctors notes and the request for the c&p. you must ask for these explicitly no matter where you get them from. You have to fill out an FOIA and it should be both explicit and general I am requesting 1) 2) 3) 4) and every other file, note, test result, xray, mri, cat scan, or document related to the aforementioned C&P (pick which apply) the point is to capture the stuff the VA doesn't send us or automatically put in the c-file. https://www.oprm.va.gov/foia/where_foia_request.aspx this link has a few excel sheets on them for FOIA requests for both VA Health and Administration/Benefits. find yours and try to set an appointment to get your stuff.
  4. GeekySquid

    Back 2 Steps in Claims Process

    I am very glad for you that this resolved in your favor. The only thing I will say is please read this blog post and consider your own experience. It may change your view of "ended". 3 and 5 may be appropriate and 6 is just better for all vets. https://www.hadit.com/6-reasons-keep-pursuing-va-claims-appeals-reach-100/ either way, congrats and I am sure there is a nice feeling as the holiday season approaches.
  5. in a word yes. As I alluded above an E8 w/ 21 years would have to have been stationed in some Maxwell Smart "cone of silence" for their entire career to not be SC for their tinnitus. You did 2 tours on an Aircraft Carrier. I don't know your rate or NEC, but if you have tinnitus it is SC. You definitely want to include a copy of Fast Letter 10-35 and its accompanying charts with your NOD /Appeal. I attached a copy. The long file name is for my records so i know where I got the document. As for the SA. Contact the site/contractor/doc who did the sleep study. get everything from the study, notes, electronic readings etc. Make the VA tell you WHY they denied. You will want to challenge the medical credentials of the individual, known or unknown, who provided the "negative finding" about your SA. If they don't have such a medical opinion, they have erred. You have a sleep study and a nexus letter. hopefully you have buddy letters. The opinion of a non-medical person does not counter the opinion of a fully qualified sleep doctor or any MD for that matter. SA is one of the areas that the Caluza triangle relies on lay information along with the Sleep Study result. Only you and the people you sleep with know what happens on a nightly basis. Go to the Veterans Law Blog run by Attorney Chris Attig. His articles post on here very frequently . He has a manual on how to prepare your Sleep Apnea Claim. I would suggest you consider getting that manual as well as his basic claims manual. or if you have like 500 bucks all his manuals.. they are on sale right now. BTW I don't get anything for telling you this. by some odd chance was the denial for SA based on weight? if so they are implying, if not outright stating, that you are obese. That is a medical diagnosis, one that requires a doctor to flat out say it. even if that does exist in your record it has to be directly tied to you SA in a Dr.'s statement. If they did that you still have not lost, it would just put your SA claim in equipose and the tie always goes to the veteran by law. from wayback machine state of tenn website Duty MOS Hearing Loss Probibility Chart-VA Fast Letter 10-35.pdf
  6. GeekySquid

    Back 2 Steps in Claims Process

    congrats you are P&T.. that 4th line says it all!! if you didn't notice it the effective date is March 29, 2018. looks like you will get a little back pay.
  7. GeekySquid

    Back 2 Steps in Claims Process

    Congrats what on ebennies told you 100%? just that graphic on the disabilities link? it should show all your SC and NSC conditions and what % each is. Your AB8 letter will say if you are P&T or if you have a future review date. It may take a day or so to update but the Commissary letter, if you are P&T will say "This total disability is considered permanent. You are not scheduled for future examinations." the commissary letter will generate well before the BBE and even before the AB8 updates congratd again
  8. GeekySquid

    Back 2 Steps in Claims Process

    I think it safe to say, we are all sorry to hear that, but most of us have been there too. anything anyone opines on this question would only be their individual experience, there is no metric tracking that situation. It may be more accurate is the VA is not sharing any metric on that issue. I know you don't want to hear this, but honestly until the BBE gets there, your only option is to wait. If you are obsessive, fine, at least when you check Ebennies or Vets.gov make sure you check your letters. IF you don't have a commissary letter, getting 100% gives you one. If you are IU you will have on but it will show your next exam date unless you are P&T, Your AB8 will say you are 100%. If you are IU and getting paid at 100% it will say something like "You are getting paid at the 100% rate because you are unemployable," while the schedular 100% vet does not have that line on theirs. your next likely indicator of success will be any money you get in your account as backpay. that is likely to show up before the BBE. If it was me and I was near the VARO I would contact the records office and set an appointment get your C&P and other results. The VA website has excel files with all the Records Offices and their contact information. good luck, I 'm rooting for ya.
  9. my apologies, we accidentally sidetracked your thread for a minute. It was not intentional. That response was to one of my posts they might have. The way it was working was a C&P done at the VARO by a VA doc would be in Healthy VEt in about 3 days. C&P's done by outside contractors like QTC or VES never appeared under Blue Button. We have always had to get those from the VARO Records Office or through Janesville from our C-File. either way, my apologies again for the accidental sidetracking of your thread.
  10. i disagree. demanding people agree with you is a tantrum. demanding people "show you" even after they already have shown you, is a tantrum...and that laughable impotent insult in your last line is a tantrum. i gave you the law and the MR21 regulation for adjudication. That you don't comprehend what they mean is not my doing. The baseline condition in the law to get IU that your schedular rating does not reach TOTAL a.k.a. 100%. if you are 100% schedular, IU is not even considered or possible to be considered,. 1) when you demonstrate you don't comprehend then your comprehension is in question. 2) you attempt at bullying and insulting me is laughable. writing that line is completely out of line and is a continuation of your bad behavior and the tantrum you claim you are not having.
  11. this is accurate but far different from those other points of view I mentioned. being hard to obtain is vastly different than legally barred from obtaining.
  12. the words are the words. if you cannot comprehend them that is on you. I have been reasonable, you are the one having a tantrum first calling b.s.' and demanding things, and again by your absurd claim I am on a high horse. I have given you the law and the MR 21 manual section that applies. If you don;t' want to accept the words of the law and the reg, then that is on you. no one can be both schedular and IU at the same time. that you don't like that reality is beyond my ability to control or care about.
  13. i am glad you said this is way...some keep wanting to argue mh schedular cannot legally work and they are wrong.
  14. it says that because IU creates a pseudo-rating of 100% it is no longer important for the purposes of that letter to differentiate your schedular rating and your compensation rate. AS for calling BS. The law os 38 CFR 4.16. I pasted the appropriate point. use logic when you read that. If you are 100% schedular you cannot get an IU rating. If you are IU and bump to 100% schedular you are at the maximum and schedular is the superior rating of the two. but since you want more M21-1, Part IV, Subpart ii, Chapter 2, Section F - Compensation Based on Individual Unemployability (IU) sub section IV.ii.2.F.4.l. When an IU Evaluation Is Considered Moot A single SC disability rated 100-percent disabling generally renders an IU evaluation moot, as no additional benefit would typically flow to the Veteran by substituting an IU evaluation for a single SC disability rated 100-percent disabling.
  15. your letter does not say you are schedular it says you get paid at 100% because you are not employable. that is interesting wording as it reveals a whole lot of private information that some would find embarrassing, but either way it does not say you are schedular. 38 CFR § 4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities if your schedular rating is total (100%) IU does not come into play. There is a narrow circumstance where your IU plus another claim makes you eligible for SMC HB. If one of your claims bumps up to 100% schedular but making that change makes you lose the SMC HB, the va does not change you to Schedular even though your numbers add up to 100%.

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