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El Train

First Class Petty Officer
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About El Train

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    E-5 Petty Officer 2nd Class

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  1. Only thing I would worry about if I were you, is losing SMC-S. You do have that, right?
  2. I've had everyone of my claims approved by outside contractors (QTC). I've had everyone of my claims denied by the VA examiner. That is unless I had an outside IMO/Diagnosis. Even with a solid outside IMO/Diagnosis by a forensic MD, the VA chose the opinion of a VA NP C&P examiners opinion on some claims. Not a specialist, a general medicine Nurse Practitioner. I have had claims approved from second opinions requested by VA via QTC (one's originally denied by VA C&P examiner). At least the VA will get multiple opinions if the claim isn't crystal clear. So I'll give them that. I
  3. If the VA C&P disagree's with your outside IMO, you will lose. Even if the VA C&P examiner is a NP vs your outside IMO from an MD. Maybe you will win on appeal, I don't know. I know, because it happened to me. However, if the evidence is there, the VA probably will agree with your outside IMO. I had several claims where the VA agreed and disagreed with my outside IMO's. The claims I did win put me at 100% P&T with SMC-S. Otherwise I'd fight the hell out of the ones they denied. Having the IMO's certainly will help advance your claims in a positive directions. The burden of
  4. I only claimed tinnitus. Got a 10% rating for it, and they also rated 0% for hearing loss, which I didn't claim. Sooooooo.
  5. Unlike a VA contract Dr. who see's you for 20 minutes? A forensic Dr. takes all your medical conditions and forms an opinion much the same. Do they not? I had an in person examination (5 states away) that took hours to complete. Sent them every pertinent info., including past VA C&P's. The VA C&P exams for the same conditions took 45 minutes for six conditions. I don't see a difference. In fact some of these Dr's for hire are or were VA contract C&P specialists. Go figure. I'm sure it's frustrating to see as a rater.
  6. This is correct. I included medical nexus from an outside Dr. stating in their opinion 'it is more likely than not, caused by in service events'. This triggered many C&P's. Some successful, some not. The successful one's got me 100% P&T. Otherwise I'd fight the hell out of the denials and most likely would have won.
  7. Mine have taken anywhere from 4 to 12 months. I did have a VSO get them within a week. But he won't do it now that I've hired an attorney and took away his power of attorney.
  8. An outside DBQ or IME (in my case), can get the ball rolling for a claim the VA refuses to acknowledge. Or it can be evidence for an increase in an original low ball rating. Yes, the VA will send you to a C&P once you turn these in. In some cases they may agree with the outside assessment, or do their best to refute it. It was both in my case. But in the end, I got a rating of 100% P&T with SMC-S.
  9. Woods & Woods recommended a collaboration with C&K for my particular case. This involves retro pay to early 90's.
  10. I had 5 c&p's for TBI initial claim and PTSD increase. 4 of them were 'at least as likley as not' in my favor. I had one bad c&p out of the 5. I contested this one to the VARO. Later I was awarded 100% P&T. When I got my C-file recently, They had 2 Psyc Dr.s (none which did a C&P) comparing all the C&P's. One of them actually was siding with the bad C&P Dr's evaluation as me being an unreliable reporter. In other words, a liar. The other one ruled in my favor as being a reliable reporter and the two negative opinions didn't make any sense. It worked out in my fa
  11. Buck is spot on. I had a bad C&P(PTSD) for an increase. It went bad from the start when I gave her an outside Psyc DBQ and nexus. This pissed her off and her exam reflected it. I filed a formal complaint with the VARO. The VARO didn't xxxx around. I found myself doing two extra C&P's. 6 months later, 100% PTSD/TBI P&T. I just got my whole C-file. Surprisingly, they had other Psyc. Dr's taking the bad C&P info into consideration; even though I had overwhelming evidence. They deemed the bad C&P exam as not making sense and that I was a reliable reporter.
  12. I sent a a formal complaint letter to the VARO due to a bad C&P exam. Pointed out a few inaccuracies and other medical evidence. Soon after that, I had more C&P's for the same condition. 6 months later, 100% P&T. The VARO doesn't mess around. Hopefully they fired this examiner.
  13. El Train


    It took me 4 months to get the Champva packet. Some have taken longer. I would count on at least 4 month wait time. Just my experience. Applied late January 2020, got the packet late May 2020.
  14. Same here bro. But I had the IMO in hand when I went into the C&P for a PTSD increase. Thought I would save her some time. She got pissed and did her damnedest to discredit my Psycs IMO. Except she failed. I immediately upon getting my hands on the C&P filed a complaint with the VARO. Three follow up C&P's later, 100% P&T.
  15. Was your original C&P done by VA or VA contractor? I've never been denied a claim in which the VA or VA contractor stated 'at least as likely as not'. Outside Dr's nexus and IME have been about 50% approval rate. The VA sent me for C&P's for all conditions claimed. Some agreed with the outside IME & nexus, and some did not. The ones that VA disagreed with were denied. I think you might have a CUE if it was a VA contractor or the VA themselves. Since they are hired VA guns.
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