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El Train

Senior Chief Petty Officer
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Everything posted by El Train

  1. Ellis opinion lumbar, sciatica redacted0013.pdfRedacted lumbar sciatica spine decision0020.pdf
  2. 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.
  3. 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.
  4. 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.
  5. My outside DBQ and nexus (from a VES examiner) specifically recommended 70% PTSD and should be separated from TBI rated at 40% in his opinion. It'll be interesting how the VA rates it. I'm with you. If they try to lump them together than I will ask for a reconsideration. These are the last of my claims out of about 8 things. I'm at 100%, and most say 'let sleeping dogs lie', but that ain't me. They need to get it right. It could make a difference down the road.
  6. I'm going through the same thing. Provided an outside nexus and dbq from a Psyc PHD on Seperate claims for PTSD and TBI. Then the VA sends me to their contractors for the same stuff. Two weeks later, I have an additional C&P through QTC for headaches (never claimed headaches). It has been deferred for the time being. ETA on a decision is Oct 1, according to ebennefit.
  7. With a mountain of evidence in my STR's for skin conditions (painful scarring due to cystic acne), the VA did everything it could to deny me. One positive is, they sent me to QTC; that DR. disagreed with the VA C&P (less likely as not) I had. They gave me 10%. I got an outside MD nexus letter and filed an NOD. Had another VA C&P (wasn't expecting much), increased rating to 80%. From a potential denial, to 10%, then increased to 80%. Keep fighting. If you appeal it could take years to resolve.
  8. HD denied me vet discount. Said I needed some special ID. Poor cashier (not her fault), said see deals with pissed off vets all the time, leave without buying stuff. Never to return I'm sure. Lowes laughed when I told them this story. Said, accept VA cards everyday. Now I just give them my phone number for the discount.
  9. Good news Broncovet. I had a very reputable law firm take my case.
  10. Just an update. I got increased from 10% to 80%. Painful scarring on neck, face, back, and chest, with palpable tissue, underlying tissue damage, gross distortion. Fairly significant increase I would say.
  11. I've contacted a few attorneys. Including the one you hired. I've yet to get a reply back. So I'm guessing it's not a strong case. If it was, I would think a 6 figure favorable outcome would be enticing. Maybe it takes time for them to get back to me.
  12. I recently was awarded 80% for painful scarring with underlying tissue damage due to severe cystic acne. This was originally denied in 1993. Reason was, it existed prior to military and the VA could not locate military service records. They have since been located and used to prove the disability was aggravated in service. I originally was low balled at 10%. I got an outside IME that helped in getting the correct percentage (80% overall). The C&P in 1993 stated I still had cystic nodular's. Also, low grade photos show them as well. The scars were obvious and never went away (Thus, the 80%). Is there any way to get my claim retroactive to 1993? This article gave me a glimmer of hope. https://www.veteranslawblog.org/2-times-that-veterans-should-argue-for-an-earlier-effective-date/
  13. Well Ladies and Gents, I just got my overdue 100% thanks to Dr. Ellis IME. Also, there are about 8 more claims deferred. Most likely these will get approved as well. What blows me away, is the VA gave me 10% for scars. After Ellis IME, I got 80% for the same scars. They just low balled me. Keep up the good fight.
  14. Got a call from QTC stating residuals from TBI are present (just had psyc eval for TBI). Now need a C&P for headaches and alterations in smell/taste. You think they will rate all together or separately? I know, just wait, but was hoping someone has been down this road. The only issue about headaches, I never sought treatment for them. Just self medicated over the years. MJ, otc stuff like excederin, advil, etc. I am taking Lyrica for myalgia symptoms. It does seem to dull headache pain to some degree. Perfumes/cologne or diesel fumes are instant triggers. Same with photo-sensitivity. I work part time from home and have been out for 26 years.
  15. Had C&P today for the rest of my claims by VA nurse practitioner. Basically filled out DBQ's like I thought. I refereed her to Ellis diagnoses a couple times. She did say they were pretty extensive from Dr. Ellis. I'm feeling positive since an MD opinion should outweigh a NP. But I think the C&P went pretty good. We shall see.
  16. Ya. I'm guessing they need to do DBQ's since Ellis doesn't do them. Just want to get them done and over with. Heck I had a Psyc. Dr. do a nexus with a DBQ, and still had to do two C&P exams. Just more proof I guess.
  17. Aggravated, yes. It's well documented in my records as when it started and treatments.
  18. VA is sending me for C&P for all my claims I filed with Ellis IME. Heck I did one for a PTSD followup and another for PTSD & TBI in one week. Both contractors which I felt went well. I have VA C&P's for 6 claims coming up. They are doing them all in one day. Now the VA C&P's have been way different than the contract one's. I'll keep you posted how they go, but I think they are going to try and hammer Ellis IME. I'm going to throw a binder at them with all my evidence. They want to play? I like to play, so let's get it on. If it goes not as planned, then on to plan B. They'll be wasting everyone's time when all is said and done.
  19. Curriculum Vitae? Would that be his front page of his IME? Or does he have a whole separate sheet outlining his Curriculum Vitae? That would be nice to hand the VA C&P doc I'm seeing next week. Thanks.
  20. My face from collar up to cheek bones is scarred from bad cystic acne. Easily 50% of my face. The VA Doc denied me, the QTC second opinion disagreed with her and I was low balled at 10%. Got a third opinion from a Dr. I hired who suggested based on VA ratings 50%. Have another VA C&P next week by VA for re-eval. I'd guess an increase from 10%, but who knows with the VA docs. They may decrease me for the hell of it. Then I'll get another opinion to overrule them again. They are painful, palpable, discolored, and well documented in my records. I'll let you know how it goes.
  21. At this point I'm turning it over to a law firm. Seems like you have done everything and they are pissed about it. I would think a law firm would love an easy case like this. You've done all the medical work for them.
  22. I see what you are saying. In my case they did. Because I meet the 3 pillars. I guess some file with no evidence (no pillars). Auto denied, no C&P. I stand corrected.
  23. The VA is going to schedule you for C&P for all claims you put in. I had one today for mental in which I had a detailed report and DBQ from an outside psychologist for hire. She was not amused at all that he tore my last mental C&P a new arse. I have about 5 coming up with Dr. Ellis IME reports. I expect them to hammer his reports. But you know what? It is what it is, and I will reference his reports often, as he is an MD, and it his opinion. Not much different from theirs. Deny me and it's on to plan B. I suspect I will get approved on some of them, I hope. Keep ya posted.
  24. Currently 50% ptsd. I got an increase IME from Dr. Ellis for a recommendation to 100%. Anyone have any experience with getting an increase from a non psyc. Dr.? It was quite detailed and covered much of what was on the VA DBQ. Just not sure how much weight the VA will give it. Also TBI. Documented accident in med. records.
  25. Thank you. Your responses give me hope. I just got like 8 favorable IMO's from my Dr. of choice. Went over all my medical records, gave a thorough medical evaluation and gave his assessment. I've seen this asked on another forum and the poster got skewered; threatened with removal for asking. No it wasn't me. I knew better. I'll stick with this forum.
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