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El Train

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El Train last won the day on March 15 2023

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  1. I get your frustration. I had several DBQ's done outside the VA (no lawyer, because I was pretty versed in the CFR). My DBQ's were way better and more thorough than any of the VA DBQ exams. One of my examiners was a former QTC guy with over 20,000 exams to his resume. The other was a QTC DBQ instructor. Kind of knows what they are doing so to say, yet they asked for additional C&P's. I pissed off one QTC examiner with these outside exams. She did a hack job C&P exam to counter mine. I reported it to the VARO. Got several more VA exams and ultimately threw the hack job exam out. I wouldn't throw your outside exams in their face, it irritates them. Just go through with them and let your lawyer do his job.
  2. You're maxed out. Not sure what you would gain.
  3. A lot of times they request another C&P exam because the prior one may have missed something or they want a second opinion. It happened to me a lot and came out in my favor. Just go to the C&P exam and wait for the results. QTC has been fair with me on every C&P exam except one. If it comes back unfavorable, then get back to us. You can contest the exam with the VARO. I've done this with success and can guide you.
  4. Just an FYI, VA asks questions about childhood upbringing to hopefully pin it on preexisting condition prior to military enlistment. If you do get approved, it may be at a lower percentage due to pre existing condition being aggravated. This is not a guarantee but a scenario I've come across in my C&P exams. Lot's of childhood upbringing questions for a reason I assume.
  5. They probably will combine it with IBS at 30% since that is max. I have gerd combined with IBS. I think you can only be rated on one digestion claim. Gerd maxes out at 60% I believe.
  6. I had an 'in service' incident in which the Corpsman stated 'Marine lost consciousness for 5 minutes'. Boom! that's all it takes. I hired two Dr's to assess for TBI in which I was diagnosed. One was a forensic MD and the other was a Psyc. Dr. After a litany of C&P exams, I was diagnosed at 70% tbi. Combined with my 100% PTSD. I did have headaches separated out and rated at 10%. No scans were done.
  7. Not to be a naysayer, but a website or case study will be given to no weight from the VA. If your Doctor writes it up based on your evidence (cause and affect) then you should be good. These VA raters deal with claims everyday from Veterans stating case study and thinking it applies to their situation. Unfortunately, it doesn't.
  8. Probably an uphill battle. Guess you'll never know unless you pursue it.
  9. I don't even answer, give them the thousand yard stare. Lol. Get's off to a good start.
  10. That's my plan. Keep up on appointments and medication and keep a low profile.
  11. That's for EAJA (or something like that). That needs to go to the CAVC level for the VA to pay the attorney. My claim did not go to the CAVC level. Trust me, I inquired about it. They did not deduct their share from my EED payment. It was CCK law firm (quite reputable).
  12. Let us know how it goes. I have IBS rated at 0% (symptoms closely resemble 30%). I'm 100% with SMC-S so no need for it to be higher or I would've fought it and won. I do have diverticulitis now. It is very common to occur after 50 yo of age (like eyes deteriorating). This could be an excuse for denial. I have no doubt diverticulitis is exasperated by IBS, no doubt. So you may have a case.
  13. A mini milestone for me. Made the 5 year rule at 100% P&T, SMC-S. Not sure why I'm telling everyone but have to tell someone. The 10 year will even be better. Hope I can hold on that long.
  14. Not sure you can dispute a C&P exam from that long ago. You have to file a NOD within the year with new evidence. I got a shoddy C&P exam once and I filed a complaint with my VARO after I got my hands on the exam (I pissed the examiner off and she went for a lil retribution). This was within the one year year (Notice of Disagreement). I had too much positive evidence in my favor for this bad exam to overcome. Ultimately, this complaint resulted in a few more C&P exams that went in my favor. I'm not familiar enough with CUE's to say you have a case or not. That would be an attorney question.
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