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El Train

Third Class Petty Officers
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About El Train

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  1. I've used him. Very detailed in depth reporting. In my case, I had to separate TBI/PTSD. The VA isn't about to do that. It got the ball rolling for TBI C&P's (which were positive). I put in for PTSD increase based on his reporting and his recommendation I be at the higher rating. The VA Psyc C&P DR. was not impressed with his report (in fact quite dismayed). Her report reflected it. It was garbage and the VA knew it didn't match up with my medical history. I had to formally complain and got a redo on the PTSD C&P. They also re-did the TBI two more times. One C&P DR. was baffled why I was in there again. She found a couple more issues on top of my original TBI C&P. Had another C&P two days later for PTSD and TBI. Also was sent into a Migraine C&P after the initial TBI C&P. So a total of 2 PTSD and 3 TBI C&P's. Both these are deferred now. We'll see what the VA has to say about all this stuff. If you go this route, be prepared for them to scrutinize. They hire their examiners for a 20 minute interview and that's ok. We hire ours that take months to examine all you medical records and they take issue with it. But if you have the medical evidence, you should be fine.
  2. They can deny CFS for a number of reasons. In my case, it was PTSD/MDD/Anxiety that was used to deny my CFS (Sleep apnea probably would rule it out as well). I had a diagnosis from an MD for CFS. He was not Rheumatologist. He was an Environmental/Family/Forensic Dr. They used the VA's NP C&P opinion over my MD's opinion. Yes my MD used all the verbiage, rationale, and GW presumptive in his opinion; reviewed all my records, medications, and in person interview to back it up. He does this for a living. Could I fight it and win? Maybe. If I wasn't 100%, I would. Too get all three is quite a feat, to say the least. I did get the 40% Fibromyalgia. Still waiting on the IBS appeal in which I have 3 MD's diagnosis. Originally I didn't have the diagnosis for the first C&P.
  3. Does your C-File contain DBQ's or just results from DBQ's? I have gotten most of my DBQ's and am rated at 100%. I have never got a copy of my C-File. Thank you.
  4. Nice of them to follow up. I had a similar situation as you. Bad/inadequate psyc. C&P. Wrote a complaint to the BVA chief. Also uploaded it to ebenefits. I did however get to do the C&P over. So I guess it did something. They second C&P was a lot less controversial.
  5. Or in my case they can try to pin tbi issues due to alcohol and mj use. But this was only one examiners opinion. I have 3 other opinions that state otherwise. Yes, I have had 5 c&p's for ptsd and 3 for tbi in the last 2 years. That'll teach me to put in for an increase with outside ime/nexus/dbq.
  6. No. I had two dui. One in service and one out of service. Last one was over 10 years ago. The first one in service had nothing to do with the things that caused PTSD (and TBI in my case). I told them everything. I told them I binged drink back in my military days too; and occasionally when I got out. Same with MJ use. TBI was a different story. I did have a C&P examiner try to vaguely blame cognitive issues on alcohol and MJ. She will loose as I have 3 other opinions stating otherwise. But it is the VA. They may disregard the 3 nexus and dbq's and go with hers. They will loose.
  7. Have the same thing going on with me. PTSD increase C&P (which went terrible), then TBI C&P (which went great). Couple weeks later got called in for headaches and smell/taste alteration C&P by QTC. It is deferred for the time being. It is complicated and I'm sure they just want to make sure they get it all separated correctly.
  8. Here's my experience with handing the QTC examiner an outside DBQ and Nexus (PTSD increase). Pissed! And her exam reflected it. She wanted to know where I found the Dr. I didn't think it was relevant. More pissed! I wish I would have just went through the exam and not given her that. Now I get to file complaints with the VARO and hope the VA dismisses her ridiculous C&P. She needs to be fired. Had a C&P 2 weeks after this terrible C&P (TBI mainly with PTSD secondary). Kept my mouth shut, it went in my favor big time. Refuting a lot of the bad C&P examiner claims about no TBI symptoms and not meeting PTSD standards. Yes, it will work out in my favor eventually, but I'm keeping my mouth shut about supplemental evidence from now on. The rater should have all the additional evidence hopefully.
  9. Yes it is a good thing. Sounds like your original rating at 0% is low. VA will sometimes lowball you to see if you just accept it. I had two different C&P's for PTSD increase and TBI two weeks later. A month later a C&P for headaches was ordered (not by me). TBI c&p went good. Should get approved no problem. Not sure about the headaches yet. I haven't got the copy of the c&p yet. The c&p for PTSD increase went bad from the start. I handed her an outside dbq and nexus that was critical of my first c&p and separating tbi. She was not amused. To put it lightly. She crafted her c&p in a way to reduce, ignoring all evidence given to her. She basically called me a liar (unreliable reporter). So I got a formal complaint going against that DR. So we shall see. Sorry to get off subject.
  10. Or in my case the C&P examiner was pissed I handed her an outside IME/Nexus. She asked where I found the Dr. I didn't think it was relevant. Even though I had a good amount of evidence for an increase, she crafted her C&P in a way to reduce. All because she didn't like the manner in which I obtained my evidence. So there is that risk. However, I am in the process of filing a complaint against her with the VBA regional director. We shall see how it plays out. Also, at the end, she said I defiantly should get the increase. What a crock.
  11. Ellis opinion lumbar, sciatica redacted0013.pdfRedacted lumbar sciatica spine decision0020.pdf
  12. The VA had the MD's opinion prior to the C&P. She even stated it was well written. It was from Dr. Ellis who specializes in IME. I had several other claims approved based on his expertise. I'll try to see if I can attach the denial letter PFD. It basicly disregards the MD's opinion and ROM testing. What's weird is, at the end it states 'favorable findings' You have been diagnosed with thoracolumbar spine from VA C&P (lumbosacral strain and mdd disease). Do you mind if I send you the IME and denail info.
  13. I have an MD opinion stating it is more likely than not veterans lower back issue and sciatica was caused by an in service event (in my medical records). Had a VA C&P done by a nurse practitioner. ROM was all out of whack. She states veterans level of participation questionable. Less than likely as not (of course), due to the fact I didn't complain on exit physical and medical records are silent for a number of years. Have buddy and spouse statement explaining treatments when I got out and they (more than once) drove me there due to flare ups. Medical records get destroyed after 7 years when I went to retrieve them. Should I file a higher level review or just appeal it? I'm at 100% barely, and everything I applied for approved. Based on medical evidence connecting in service incident, treatment, buddy statements and MD opinion more likely than not. I do not care if they review all other claims, as I have sufficient evidence to back them up, or have the means to get more if needed.
  14. I put in for an increase for PTSD with TBI (new). I had an outside IME/DBQ done by a Psyc. DR. and a general MD with the increase request. The Psyc. Dr. was pretty critical of the first PTSD C&P exam as being very shallow and incomplete. The VA sent me to QTC for another C&P. I made the mistake of giving the outside Psyc eval. to the C&P Dr. doing the increase exam. She was not amused (her words) with his critical IME/DBQ. Her exam reflected it. A week later I had another VA QTC TBI (2.5 hours). He also covered stressors and PTSD. Very different outcome from the prior week. In fact it destroyed hers with facts and tests. Bottom line, she crafted her C&P as to not agreeing with any current, past, diagnosis or treatment. Also, a liar (claimant reports as an unreliable reporter). Now I'm not amused. What is the best way to report her less than factual C&P. I pretty much want them to throw it out, use my evidence or re-do the whole thing. Not sure why that would be necessary. No, I have not gotten a decision on the PTSD increase or TBI approval. The TBI shouldn't be an issue whatsoever. But I've had the VA side with the more critical C&P's vs. outside Dr's opinions. Appreciate any advice.
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