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El Train
Senior Chief Petty Officer-
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Everything posted by El Train
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You're maxed out. Not sure what you would gain.
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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.
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PTSD Exacerbation
El Train replied to Wordsmyth's question in PTSD Post Traumatic Stress Disorder Claims
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. -
Diverticulitis secondary to IBS
El Train replied to Kuwaitin08's question in VA Disability Claims Research
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. -
ptsd TBI as secondary?
El Train replied to fmfdoc's question in Entitlement - Veterans Compensation Benefits Claims
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. -
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.
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Probably an uphill battle. Guess you'll never know unless you pursue it.
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ptsd Best Practice Manual For Posttraumatic Stress Disorder
El Train replied to Gopher's question in PTSD Post Traumatic Stress Disorder Claims
I don't even answer, give them the thousand yard stare. Lol. Get's off to a good start. -
That's my plan. Keep up on appointments and medication and keep a low profile.
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OSA secondary to PTSD Granted 50% via HLR - I am now 100% P & T
El Train replied to GulfWarVet1990's topic in Success Stories
You are correct. -
OSA secondary to PTSD Granted 50% via HLR - I am now 100% P & T
El Train replied to GulfWarVet1990's topic in Success Stories
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). -
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.
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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.
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Disputing a unfavorable c&p exam from 2014
El Train replied to Dot09's question in VA Disability Claims Research
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. -
Claiming erectile dysfunction
El Train replied to Chief1997's question in VA Disability Claims Research
A doctors opinion connecting it secondary never hurts. Stating medical journals would be a waste of time. -
Multiple Claims Combined Into One C&P exam
El Train replied to Arwest30's question in VA Disability Claims Research
VES has multiple Dr's on site. I personally never had multiple C&P exams when dealing with Mental health and physical claims. I have had multiple exams done when it was only physical claims. 6 total C&P exams in one setting once. But I guess it could happen. Most mental health examiners are travelling to multiple locations doing exams. Guess you are going to find out. -
Probably getting a second opinion. When I got my C file, I saw two different Dr's assessing my C&P's and making an opinion on weather one C&P examiners opinion outweighed another's.
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I would put zero concern in this, especially if you were in combat or not. I have seen veterans come unhinged at their rating stating (for example), 'PTSD - non combat', when in fact they were in combat. Doesn't affect their rating yet they are losing sleep over it. Like they have to wear a patch on their motorcycle vest that says 'non combat disabled vet'. I'm using myself as an example. Took me awhile to let that one go.
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Dr Valette for Mental Health IMO
El Train replied to Gopher's question in IMO Independent Medical Opinion
I used him. Very thorough IME and DBQ. He verified and backed up my PTSD increase claim and new TBI claim that Dr. Ellis, MD connected to an in service incident. It helped having a Psyc. Dr. weigh in. I had one VA contractor try to discredit his report as a non treating DR. I complained to the VARO about this examiner and that she also was a non treating DR. making an assessment. Two C&P exams later I was 100% PTSD/TBI with P&T. Both exams wanting second opinions that went in my favor. No promises from me that you will have the same results. I had the evidence in my record. VA really couldn't deny based on evidence and an examiner who didn't approve of my approach (I also pissed her off. Don't do this). They have to take their own laws into consideration. His communication isn't the best and it took awhile. Nerve racking when you already sent the money and haven't heard much, but he did what I was hoping for. A good solid DBQ and nexus based on my evidence. -
Can we have a IRA without affecting the benefits we receive?
El Train replied to Rev. Ashley's question in VA Disability Claims Research
I'm over 50, so $7500 each year. -
PTSD Post Traumatic Stress Disorder Claims
El Train replied to keepmovingforward's question in PTSD Post Traumatic Stress Disorder Claims
I couldn't remember the exact dates of my stressors or names involved. I remembered roughly when and where and what units I was with. I googled it and found my answers. You'd be suprised on what you find. If someone was killed (one of my stressors) their home town paper probably has an article on it. Helicopter crash off the coast of Somalia, I found the details, Scud explosion at the Port of Al Jubail, Saudi Arabia,' yep' found it. They can correlate your unit and area hopefully with this info. Buddy letters may help too if you can find your old battle buddies. Not sure how much weight they put in these though to be honest. You can write up in detail when you submit your claim in the notes section on the proper form (forget what form it is). I used a separate Word document and attached it (save everything and organize the hell out of it). I did this with all my claims. I got medical IME's to back up anything and everything and went full on assault. Took me a year and half to get 100% P&T, SMC-S. -
I'd be leery of these outfits for sure. Don't get me wrong, I've got a few IME's from outfits that specialize in it. I used my due diligence prior to having them done. Ellis clinic is one of them. But they require an in person examination. One C&P examiner actually asked if I saw the Dr. in person. Why yes I did. Shut down that angle for denial real quick. Some outfits have canned DBQ and Nexus and enter your name at the top. Probably not going to cut it. They've seen these before. Waste of money.
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PACT ACT DEADLINE: Sep. 30, 2023.
El Train replied to broncovet's question in VA Disability Claims Research
The deadline for Gulf War claims has been extended for decades. Expiration after expiration dates being extended. Guessing the same will happen with Pact act. -
The one that got me, is no ongoing treatment after service. Even though this is not a legitimate excuse to deny. They still use it. Even with support letters and a Dr's IME stating 'more than likely than not' connected to accident in service as the cause. What's crazy is I got TBI connected for same accident and had no ongoing treatment for that. I'm 100% P&T SMC-S or I'd fight the hell out of it and win.
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DBQ INITIAL PTSD DSMV
El Train replied to hwill's question in PTSD Post Traumatic Stress Disorder Claims
Don't be surprised if it is 100 minutes less than they stated.