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About FlyHigh1995

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    E-3 Seaman

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  • Service Connected Disability
  1. Thank you all for your knowledge and advice. From your inputs...looks like I have numerous resources & rights I can use in order to gain benefits if my flawed C&P exam ruins my chances of an increase and service connections. I will definitively utilize the suggestions. Spending money on IMOs or anymore DBQs will be my last resort. Of course I will seek assistance from an attorney for an appeal if they can represent me on a contingency basis.
  2. Thank you for the advice and recommendations! It seems the claims system is set up to deter veterans. They hope you give up after they deny you (I’ve actually been informed of this by a former VA employee). In the past I just gave up...this time I will appeal and seek help from a VSO or attorney. I hope it’s true that some lawyers only charge 20% of retroactive pay and no other fees. I’ve been told VA pays the attorney directly if claim is won. I know a lot of them offer free consultations and will only accept a case if they think you have a valid winnnable appeal as to not waste the veterans or their time. But I may be presuming too much...maybe the RO will consider the DBQs I submitted from a doctor more valid than the incomplete/inaccurate DBQ the VA Nurse Practioner submitted. Ebenefits moved my estimated claim decision from Mar to now June. I claimed as a FDC in Dec 2018. Fighting for benefits is costly & along with my full time job, I will have to get a part time job to cover any IMO or legal expenses if need be. I already spent money on three DBQs. Which were under $300 a piece...which I’m thankful because other doctors/specialist quoted me at $1500 or more & most doctors refuse to fill them out.
  3. Thank you to everyone who shares information and experiences! My question: Is it wise for me to attach a memo to my claim detailing the inaccurate info. on my C&P exam since I have proof it’s inaccurate? I just figure it can’t hurt and maybe it will result in me having to avoid an appeal if I can make RO aware of discrepancies now. I almost feel like I need a camera & microphone to record exams; which I wouldn’t do, it’s probably against the rules...but when medical professionals lie on reports...it’s tempting. I would like to say she made mistakes, but she blatantly falsified information. Unfortunately, this seems common practice during alot of VA exams. I recently had a C&P exam with a Nurse Practitioner for a Gerd/Hiatel Hernia increase. I’m currently 10%. I have symptoms for 60%, including occasional vomiting of blood and emergency room visits. I also claimed services connections for a couple of medical issues. After reading the VA examiners responses to the DBQ questions, I noticed she blatantly falsified info. Stating she performed exams she never actually physically did. She stated I hadn’t had labs or endoscopy for a Gerd; which are actually in my records. She checked the “No” box to questions regarding whether or not my disability affected my work, even though I told her “Yes” and I actually went into great detail as to how my work is affected. I actually had a non VA doctor (who used to actually be a Comp & Pen Examiner with the Va) fill out DBQs, including one for Gerd. She reviewed my records and put all the right language on DBQ including that she reviewed my SC records and prior C&P exams and statements like “ as least as likely as not...etc...” . I thought Comp & Pens were not necessary if veterans submit completed DBQ from a Non Va doctor. I plan to get an IMO if I have to appeal.
  4. Thanks Berta. I now realize I have homework to do regarding my claim. What you posted makes a lot of sense. I basically need to go through my records thoroughly and organize and pinpoint specifics related to my case. I thought since the VA has my records I could just file a claim and they’d be able to locate my conditions within my records.
  5. I really appreciate you all taking the time to share your experiences and knowledge. I wish I had this information years ago! Getting benefits and services is most certainly challenging. My claim consists of conditions that are clearly in service records in black & white and I’m still denied service connection and trying to increase current ratings due to conditions worsening. From the information shared seems like an IMO is the best option (especially for more complex medical conditions) but depending on condition...a DBQ may suffice i.e. GERD. I can see how verbiage is definitely key when getting VA benefits. After being denied three times by a counselor at VA VocRehab ... I finally was offered benefits only after I emailed him ( to document communication) using CFR VocRehab regulation verbiage regarding what I may be entitled to as a disabled veteran. It was like bargaining and negotiating at a car dealership...lol.
  6. Your post is very helpful to my current claim. Sharing the DBQ and your rating result gives me hope. You went from 10% to 60%? The process and decision seemed to move quickly.
  7. Thank you for the very helpful opinions & information. To answer your question Berta regarding whether my claim was denied; it was a year ago & I kind of gave up & didn’t appeal. I’m now in the position to pursue my claims & if denied seek legal assistance. I just filed an intent to file and decided DBQs and/or IME/IMO would provide more sufficient evidence & hopefully I won’t have to appeal. I have sent inquiries and recieved responses from independent medical examiners in my state and elsewhere...I’m definitely researching and educating myself on their credentials before I proceed. Their quoted fees are a bit pricey; however I know it will be well worth it and provide a better chance at favorable ratings. If I have to appeal, I hear DBQs and IME/IMOs can make attorneys job easier when representing veterans disability claims.
  8. I've recently come to the conclusion that I will have to seek second opinions from medical professionals with either DBQs or IMEs/IMOs. After submitting a FOIA request to see what C&P physician put in my file; I noticed most of what I told her was not in record and some things she claimed she did during my physical exam...she never actually did. I have been contacted by many IME doctors that are willing to give a second opinion. I would appreciate if anyone could give their experience as to which is better regarding a DBQ or IME/IMO.
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