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El Train

Third Class Petty Officers
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About El Train

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  1. This is fact. I've had a lot of them tell me I didn't have a claim or the VA C&P's examiners are not out to form craft their exams/opinions to get the lowest rating or flat out denial. Outside IMO's have got me from 50% lowball ratings to 100%. The VA is not looking out for you. They have hired guns working for them. We can hire our own guns just like them. I don't see the difference. Tell that to the other site and see what happens. Sometimes I wonder if the VA is running that site. But they do have some good info. and pitfalls to avoid. When their senior members (current raters, former raters) answer, view it like the VA is answering your question and do the opposite. They helped me out tremendously when you view it like this. Not sure they intended it to be like that, but it sure helped me out.
  2. Did they call you? Any follow up? C&P? Letters? I'm going through one now. Just started. I believe I have the evidence on my side. Thanks.
  3. Most likely you will need a Dr's diagnosis linking it to you service in the Gulf. You are going to need a Dr. who knows what the VA verbiage is as well. Someone like Dr. Ellis. Or they most likely will continue to deny. Your going to need the diagnosis, therefor the law on your side. GW claims are not easy to get service connected. Presumptive doesn't make it easier.
  4. So I get a letter from VA stating they need additional info on a buddy statement. Wanting service entry and exit time frame. Pretty sure they have this info if they look up the individuals dd214. I had a hell of a time locating this person to even do it in the first place. It'll be the same the second go round. I'm not sure what will happen if I don't get this info to them by the due date. Which is a few weeks. The buddy statement only solidifies my case. But probably not entirely needed since I have 4 different Dr's state 'At least as likely as not' caused by incident in the service and medically documented. Any insight is helpful.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
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