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McRay

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Posts posted by McRay

  1. To chime in with my two bits...

    I have been getting mental health treatment from the VA off and on since 78. It seems to be dependent on where you're located as to what you get.. And, as always, if you get lucky you get good care and if not -- well, we all know how that goes. 

    In the 80's I saw a MH counselor who worked for the VA on a weekly basis in Las Vegas. After a year of no improvement I just stopped going.

    I got private MH counseling in the 90's having given up on the VA

    In the early 2000's I went back for counseling in Chico, CA. Things hadn't gotten much better and I ended up going through a divorce that upended my life.

    In the 2010's I went back for MH counseling with VA in SW Florida. It was primarily meds and a psychologist (monthly) and PTSD group. Whenever I spoke with the counselor, I felt like he was fighting to stay awake. Meds didn't work and again, more personal/life problems.

    Moved to SE AZ and sought MH counseling. Talked to one guy at VA in Tucson who actually seemed like a therapist, but due to my location, he referred me to VA clinic in Sierra Vista. I had a tele conference with Psychiatrist who wanted to put me on meds, but said there isn't anyone available to see one on one. Apparently there is no 'choice' docs available (or funding?) in my area for counseling. I'm going to give it another shot when I have my bi-yearly appt. with PCP this January, but don't have high hopes.

    Best of luck to you KC3 and the only 'good' advice I can give you is not to give up on your claim. I have a couple of times and looking back now, would rather I had hung in there. Oh well, it''s part of the problem, I suppose.

  2.  

    <<Didnt they send a SOC with the decision?>>

    Yes they did.

    This is from my current NOD on amount and effective date:  "... elects traditional appeal process and requests a statement of the case be issued concerning his appeal...." Perhaps that is normal 'legalese' -- I don't really know.

    After my original claim was turned down, in 2016, I signed an agreement with the previously mentioned law firm, at the suggestion of the VSO handling my claim. I received a settlement when my claim was granted this fall and yes, there was a NOD filed after signing with the firm, so they were paid a contingency fee. I did enter into a higher percentage fee agreement with them than the 20% mentioned in the article above, though. I didn't do any research into hiring an atty, in hindsight, I would have probably gone with the same people, but I would have negotiated for a 20% contingency fee and would probably have talked to at least 3 firms before selecting one.

    I do think it's necessary to have an atty once a claim has been denied and it would probably help to have an atty look over the initial claim, although I only know of one Vet Law atty who does this. I might have saved some time if I'd had all my ducks in a row when I filed the initial claim, but that is just 'guessing'.

    I actually got this website from a link on my atty's webpage. Ironic, huh?

  3. 2 minutes ago, broncovet said:

    Yes, I recommend taking the advice of your attorney.  Since he has access to your file, and we do not, he knows much more about your case than we do.  While the reasoning is still unclear to me, remember, your attorney is not getting paid to educate you.   He is getting paid to win benefits, and has a "dog in that fight".  

    Many attorneys do not want to take hours and get you up to speed, they simply use your POA and make the choices they think will maximize your benefits.  Unless you have a compelling reason not to, then trust your attorney's advice.  I do.  

    Yes, well said. I find this to be an incredibly complicated process that is changing quickly. In addition, there seems to be a certain amount of taking things on faith and I'm dealing with someone 2500 miles away. I like to 'kick the tire' and 'bite the coin' to get a gut feeling, but in this case it's impossible. MY VSO recommended the firm, and I took his word and signed with them. However, that doesn't change my desire to try and jump in and understand the process. And.. sometimes my ego gets in the way.

  4. Ok, I'll explain more thoroughly. I'm not sure I understand how this forum works, I don't see the previous posts by Berta that would have made this more clear.

    Yes, the information that my appeal would be initialized through the traditional process and then switch to RAMP. came from the law firm handling my case.  I don't know why he's doing it that way, and I haven't spoken with him to be able to understand his logic as I have been communicating with the firm through a case manager. According to my copy of the NOD, he is also requesting an SOC and will be submitting more info as to why the percentage and effective date are in error..

    I've been told this is an exceptionally good law firm and having paid them a substantial amount so far, I will probably take their advice. Or not.

  5. 12 hours ago, Berta said:

    Interesting- I think the lawyer means using 38 CFR 3.156 (c)  ???

    https://www.law.cornell.edu/cfr/text/38/3.156

    If it regards the PTSD , VA didnt call it PTSD until sometime in or after 1983- My husband's original award (for PTSD) just says 'nervous condition".

    Nothing is Impossible:

    "ORDER An effective date of July 27, 1978-date of VA's receipt of the Veteran's original claim for benefits-for the award of service connection for psychiatric disability, variously diagnosed as schizophrenia and manic depressive disease, and later as paranoid schizophrenia and PTSD, is granted."

    https://www.va.gov/vetapp16/Files5/1638854.txt

    ( Ken Carpenter represented him)

     

     

    Thanks for the reply.

    I'm amazed at how similar our two situations are. I had a severe schizophrenic episode as I was leaving Germany that may have been precipitated by a concussion received in m/c accident. Truth is I don't know.. Atty is Bergmann & Moore firm (Joe Moore) in Bethesda. I haven't discussed the case with him, only my case manager. She says they've found evidence/records that weren't available during original claim decision. After I was originally turned down in 1978, I was pissed off and gave up. Probably had a lot to do with my psychiatric state at the time...

    I got a copy of the NOD today and atty is requesting 'traditional appeal process' and a statement of the case. I was in hopes of a RAMP appeal, to speed things up, but I suppose I can wait another couple of years, if necessary. I will mention the case you stated when I talk to atty. 

  6. First post here. 

    I have just won 3 appeals that I filed, according to vets.gov website. My first claim was submitted in 1978. According to the website, my appeal was granted for PTSD and 2 other conditions on Sept. 10th. I didn't realize this at first because I kept checking on the ebenefits website and all it said was appeal complete. Then a pop-up appeared to try the new website and I saw that my 3 appeals had been granted and for which issues. However, that was Sept. 10, and I still haven't gotten anything in writing. I've had my atty check and they can't seem to find out anything either. I called the Regional number listed on vets.gov and I did find out is that my granted, closed appeal was brokered out to an office in West VA and that there's another appeal for service connection for PTSD, filed less that 30 days later in Salt Lake City? I don't understand why there are two appeals for PTSD listed, it seems like needless duplication that I'm sure will slow down my claim. Anyone else had a situation like this? Any idea of time frame? I would like this to settle quickly, obviously for back monetary benefits but also because I'm having to travel a long ways to get care at a VA hospital. When I question the atty's office, they're positive and tell me the longer it takes to get the decision, the better off I may be.

    Thanks!

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