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El Train

Second Class Petty Officers
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About El Train

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    E-4 Petty Officer 3rd Class

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  • Service Connected Disability
    100%

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  1. I'm at the 30% fee for a retro claim going back almost 30 years (80% and they are trying to increase it). It is two law firms working together (CCK & Woods & Woods). Nobody else was interested, so I feel fortunate. You know the old saying, 70% of something is better than 100% of nothing. Now this eaja thing is not something I've not heard of. I'm not sure it's something they would even entertain at this point. Entertain me if you think it is. In fact, I just emailed them about this.
  2. I'm not a believer in HLR, but my attorney just filed one on my behalf. We also have an appeal for the same conditions and retro filed last July. I wonder if they are just seeing if they can get it resolved through HLR, and if not, then proceed with the appeal. It was quite a lengthy letter sent off for the HLR.
  3. Ahh yes. The first C&P with the VA was a real eye opener. I learned so much from it. I should write that Dr. a thank you letter. Maybe I will when I win my NOD against him. After that embarrassment, I had IME/DBQ for all other claims prior to submission. I utilized outside Dr's who know the in's and out's of VA lingo. Found them through various websites and facebook groups. What a difference. Luckily I had the means to pay for and travel to get them. Winning was my end goal. And I didn't want to play their games. I hammered them, they hammered back, and now I'm 100% P&T. I abide by their laws and regulations and used it to my advantage. Winning wars is what we were taught. I approached this with the same mentality. After all this, my VSO was asking me for advice.
  4. I didn't have any luck with my HLR. Doesn't mean you won't. I too had overwhelming evidence and nexus from a forensic MD familiar with VA lingo. Still denied. I can easily win in an NOD. But why should I have to go this route? Because the rater wants me to go this route in hopes we give up. Some of them are also lazy and rubber stamp it. So be prepared for this. I got approved the first time for PTSD because I had a VA Psyc diagnose me. Also had some VA mental treatment history. I had two stressors I told the VA C&P guy. None backed up with buddy statements. However I'm sure they were part of DOD records and corroborated with my service records. I applied for an increase with outside Dr's IME/DBQ. The VA did not like this approach at all. But in the end, I won on all mental and tbi conditions. They don't make it easy. I get it however. There are a few bad apples out there trying to take advantage of benefits that ruin it for people that legitimately need it. Keep up the fight and maybe go to VA mental health if you haven't. They are pretty good actually.
  5. You can hire an attorney and pay them their fee. It sounds like any VA law firm would love your case. Or you can do the medical gathering yourself like I did and take it to the VA yourself. I got 70% tbi (initial claim) for an in service training accident that knocked me out for less than 10 minutes. After I submitted my outside medical evidence from Dr's. that are well versed in VA claims lingo, I had several C&P's. 3 TBI & 2 PTSD. The initial TBI C&P was from a Neuro Psyc. with QTC. 2.5 hours worth of testing. I got agitated with the first guy about the tests. He said if we aren't thorough this first time, the VA will try to screw you. That chilled me out and put my trust in him. He wasn't bullshitting. He did me right. The VA put me thru two more TBI C&P's. Why? Only thing I can think of is they were looking for a different opinion, or clarifying things. Maybe they were hoping they would find something to screw me, like the good Doc said.
  6. Yes. He did a great write up for me. DBQ and IME. He destroyed the VA's DBQ. Also, did a TBI IME based on another MD's TBI diagnosis. In the end I got raised to 100% ptsd from 50%. 70% tbi initial claim. P&T. It takes him awhile to get at it and doesn't have the best communication. This worried me for awhile. Don't make the mistake I did and hand the VA C&P examiner his evaluation. This pisses them off. Just have your VSO file it with your NOD and keep it on the low down. The rater will have access to it. I had to file a formal complaint against a QTC Psyc, for biased C&P in which she tried to undo everything Dr. Valette had to say. It didn't work for her. But I did have to do extra C&P's after that. You will get VA C&P's once you file an NOD with this additional evidence.
  7. This just happened to me. 100% PTSD and 70% TBI. Rating 100% PTSD with TBI rating because PTSD was the higher of the two. Also P&T. They did separate 10% migraines.
  8. https://www.va.gov/ Where I sign in to see my claims filed with ETA's. They're not always accurate. In fact most the time they are not.
  9. I requested mine early Oct. 2019. Vets.gov is stating completion date of April 22, 2020. We'll see.
  10. I read through this a lot before applying. Hopefully it helps, if you haven't already found this. http://www.militarydisabilitymadeeasy.com/tbi.html Also, my three C&P examinations for TBI seemed to cover this outline pretty closely. https://benefits.va.gov/PREDISCHARGE/DOCS/disexm58.pdf There are DBQ's for it. Sounds like you have one. Here is one I had done from an outside MD. This is what got the ball rolling. See files.tbi redacted E0021.pdf tbi redacted E0022.pdf
  11. Well this is not what I was expecting at all. My outside IME/Nexus/DBQ all stated I should be 70% ptsd and 40% TBI. VA rated me higher on both. After 2 ptsd (for an increase) and 3 TBI C&P's for initial claim, I am more than happy with their decision. I did get 10% for migraines also. Even though I fit the 30% criteria (have more than 2 per month). And I specifically told the C&P examiner this. He stated less than 2 episodes per month. Oh well. Sorry about the 3 different files. My scanner app just does it this way. Unless I pay for the pro version. And I don't pay. tbi_ptsd redacted0018.pdf tbi_ptsd redacted0019.pdf tbi_ptsd redacted0020.pdf
  12. They audited your benefits? They deemed your percentages to be wrong? Did they do a follow up C&P to determine this? This would be terrible. I'm P&T at 100% but I still worry this could happen to me. The words 'you're being audited' brings anxiety to another level.
  13. Sleep apnea isn't a presumptive to the Gulf War. Get with a VSO prior to filing this or you're going to get denied. Here is some good info. on Gulf War. http://www.ngwrc.org/
  14. No, they won't. They can only rate one mental disability.
  15. This is true. I had two outside doctor IME/Nexus with percentage recommendations. The VA gave me higher ratings on both contentions. Blew me away. Usually the Va is notorious lowballers.
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