doc25

Sounds good but there is another way that will give your statement added weight. Since it's highly unlikely you are going to lie about what you have seen and experienced with your own eyes from your buddy. Use 28 U.S.C 1746 . Appendix IV to Part 1201 - Sample Declaration Under 28 U.S.C.1746 Declaration I, ___________, do hereby declare: I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on Date Signature

None, other than medical studies that have linked sleep apnea to Asthma or Mental Health conditions. It appears you have both. Therefore, your sleep apnea could be secondary connected to either Asthma or Bipolar Disorder(The depression part of it anyway.) When I went into my secondary Sleep Apnea C&P the examiner asked questions that are already in the DBQ, such as, Do you have daytime sleepiness? Did you have a sleep study done? Do you have and use your CPAP or other breathing device? Do you have a SC condition pertaining to your secondary condition? Those are just examples from what I recall. Keep your answers honest, clear and concise. If the examiner veers off topic; that doesn't pertain to your condition? politely redirect the conversation by saying,"I mean no offense, but I'm here to discuss my claimed condition only." Hope this helps. Best wishes.

I'm compelled to agree with you on the evidence part. It outweighs anything else. I stand corrected.

You'll need to also look the part. Don't shave. Wear some old faded clothes and shoes. Don't shower for the next few days. Stay up the night before. You can't go in looking like your going to church or a job interview. That would defeat the purpose of substantiating your claim in your favor.

I don't think TBI and the anxiety can be seperated. You could request a 10% increase for your Migraines. And that will put you at 95%. Migraine Headaches Code 8100: Migraine headaches are a type of headache caused by the swelling of the blood vessels in the brain. They are often more severe than other kinds of headaches (stress, sinus, etc.), and so interfere more with the individual’s ability to work and function in daily life. If another kind of headache interferes significantly with daily life, it can also be rated here. Two things are taken into account when rating migraines: frequency (how often they occur) and severity (how bad they are). To receive a proper rating, it is essential that the physician records these clearly along with how they affect the individual’s ability to work and function. The term “prostrating” means that the individual must stop all activity, take medication, and either seek medical attention or seclude himself for the rest of the day. The individual is unable to perform any occupational or daily activities either because of the migraine itself or because the migraine medication makes him too drowsy, etc. The ratings for migraines only go up to 50%. The Rating Authorities, however, can give a higher rating if the case is so severe that 50% doesn’t truly reflect the disability. It is completely up to the Rating Authorities, however, exactly what makes a condition severe enough to warrant a higher rating. Frequency Severity Rating 2 or more times per month Prostrating 50% Once a month Prostrating 30% Once every 2 months and prostrating 10% Once every 3 months or less Prostrating 0% OR.... Apply for Individual Unemployability if you feel that Anxiety has kept you from working.

It looks to me like an inadequate C&P exam. The examiner clearly and unmistakably fails to use the legal terminology to substantiate your claim. I don't see the minimum threshold of "at least as likely as not" the veteran's condition is due to or the result of military service/SC condition. The rationale is insufficient. This will most likely delay the process and will get sent back to the examiner for clarification. It's not a granted or denied claim. That's the good news. If it does get denied. You'll need to appeal immeadiately on the basis that the examiner failed to provide the legal terminology to substantiate your claim.

Wilkie was just patting the VHA on the back for the most part. Results vary from region to region.

Can you go back and review the notes and see towards the end if there's a nexus of opinion? I don't see a nexus of opinion stating the minimum threshold of "at least as likely as not" (equal to or greater than 50% probability) that your PTSD has worsened. In addition, a rationale was not provided by the examiner. Your claim will probably get kicked back to "gathering of evidence" and the ratings scheduler will request further information from the c&p examiner which could delay the process 2 weeks or more.

Between $500 to $10k is the going rate for a nexus.

Special Monthly Compensation is additional compensation over 100%. If SMC criteria is met depending on how bad a condition is or multiple conditions are compensation can be $100 and up to $5000 in additional compensation above a 100% rating.

Asking a VA doc about disability is a hit or miss. Some will answer;others will get defensive or flat out lie to you. A VA podiatrist made a diagnosis of flat feet then redacted that saying that I didn't have flat feet yet I showed him his own dr.note of his original diagnosis and he denied it to my face. Report your worst symptoms and how it is affecting your daily living activities (DLA's). You want to build medical evidence that way.

If she never received a reduction letter, then the VBA made an unlawful reduction. I don't know how that could be appealed. I'm sure other forum members have experience with that. Have her check to see if she was reduced to 0% on ebenefits. If she's still SC 0% she could begin to re-establish medical evidence to substantiate an increase later on. Hope this helps. 1-800-827-0648 Have her download and fill out a Waiver Request and a Financial Status Report. https://www.va.gov/debtman/ https://www.va.gov/debtman/Submit_A_Waiver_Request.asp https://www.va.gov/debtman/Financial_Status_Report.asp

Did she ever receive a reduction letter after she moved from San Antonio to New Orleans? By law the va is supposed to notify veterans of a ratings reduction. In the meantime, she could call the VA debt management office and have the debt waived due to financial hardship or start a payment plan. I'll find that number for you.

File your NOD and Appeal the effective date to 23 yrs ago and get a veteran's law firm to represent you. Hill and Ponton Chris Attig Perkins Law Firm Chisholm Law Firm

Getting better takes time. You didn't begin to suffer from your depression overnight right? I still suffer from my PTSD even though I have some good days and I feel ok. You wont be completely better but you'll get better at coping with your symptoms of depression. Try Voc Rehab and see if doing compensated work therapy will help you see if you're ready to work. If you're not ready, take some more time for yourself. CWT helps veterans find work, interview skills, resume writing,etc. It's a 90 day program through the VA and you get paid as a VA beneficiary,(you won't be a federal employee) but you get paid.

You can apply for 100% IU but if you're working it won't fly. Any chance you have developed sleep apnea after-service? If you have, you can secondary connect Sleep Apnea,as secondary to Depression medications.FYI

I miss active duty sometimes, but mostly the camaraderie.

You could also have refills mailed to you via https://www.myhealth.va.gov/mhv-portal-web/web/myhealthevet/home If you don't have an account just register for one.

Lay evidence weighs more under penalty of perjury. 28 usc 1746 https://www.law.cornell.edu/uscode/text/28/1746 The old "I affirm that this statement is true to the best of my knowledge" just doesn't seem to work anymore with the VA. Reference this case also to add more legalese pertaining to lay evidence to your claim. https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014836/Jandreau-v.-Nicholson,-Jul-3,-2007,-492-F.3d-1372

Congrats on your win.

I stand corrected.lol.

I just got off the phone with a VA Benefits rep and I was told that when I appealed my flat feet claim(initial claim denied in 2007) back to2017, my NOD was received; but I did not meet the 60 day timeframe to submit Form 9 and SOC to appeal to the BVA; I would need to reclaim my flat feet. I thought I could reopen it with built up medical evidence and a nexus of opinion. So my question is: Do I reopen or reclaim it?

At this point, nothing except; keep going to your scheduled mental health appointments if you have any. The deferment is possibly that the VA submitted a request to the Joint Service Records Research Center to corroborate your in-service stressors or was sent back to the examiner for clarification and an addendum for that clarification. The Criterion B not being marked wouldn't cause your claim to be delayed because you have other Criterion marked substantiating the presence and current mental health condition. What does raise a reasonable doubt is that the examiner clearly admits that you have PTSD symptoms, but did not make a diagnosis for PTSD. Instead used a different mental health condition as a diagnosis. For what it's worth, all mental health conditions are rated the same. Although, in your case, the examiner needed to make a clear and concise diagnosis for PTSD and not tip toe around it. Your frustration is valid.

Unfortunately, this exam is absent of a nexus of opinion, does not state the necessary minimum threshold of "at least as likely as not" your condition was due to or the result of military service and a rationale was not provided. Did your outside provider provide the nexus of opinion? Which is going to be sent back to the examiner for clarification and an addendum. This will delay your claim two weeks or more depending on the examiner's response. Here is the good news. The c&p examiner basically agreed with your outside provider on a diagnosis for PTSD and the examiner marked the criteria for a 100% rating. Relax. Breathe. It appears your exam went well, it's just going to take a bit longer than expected. The longer it takes the more in retro pay you will receive. Best wishes.

Are you currently diagnosed with fibromyalgia and have a minimum of three months or more worth of medical evidence? If you're not, don't go into a Dr.'s office or clinic saying you have fibromyalgia. You can't diagnose yourself, only a licensed medical professional can diagnose. But, you are deemed competent to complain of the symptoms you are experiencing related to fibromyalgia. If you think you are having symptoms of fibromyalgia. Do some research. Only you know what you are experiencing. https://www.webmd.com/fibromyalgia/guide/what-is-fibromyalgia#1 https://www.webmd.com/fibromyalgia/guide/what-is-fibromyalgia#2