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El Train

Senior Chief Petty Officer
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Everything posted by El Train

  1. You're not going to get 'T' granted. You have to be in a care facility pretty much bedridden with 24/7 care.. Pretty much a vegetive state from what I understand (can't speak, feeding tubes, drooling, etc.). It's not an easy grant. You're working; probably an instant disqualification. I mean you can try, but then you're opening all your other claims to a possible review. BTW, they awarded me 70% tbi, and 100% ptsd. Combined both for 100% ptsd with tbi symptoms. Fairly odd when they give you two separate ratings and not combine tbi with ptsd since they have so many overlapping symptoms. I still work, albeit in a sheltered work environment (family biz). Otherwise, I'm unemployable.
  2. I only give advice in the area of what it took to win my claims. Yet, I have members advise against my approach, or say 'you shouldn't have to do it that way'. That's fine. But my approach worked. And it worked out real well compared to the folks that took a different approach. Like you shouldn't have to get an outside IME, or your outside IME is good enough to skip a C&P. Maybe you are correct and I think this leads to a 'let's agree to disagree', but don't argue on my approach vs yours. I realize we just had a member win his case by skipping a C&P exam and getting approved. Awesome. It's just not a gamble I was willing to take. Seeing this approval by skipping the C&P is maybe something I should have tried on a claim or two to see how it turned out. IDK. I did have several claims denied with an outstanding IME and a subsequent C&P examiner saying otherwise. After being out for 25 years and filing my first claim a few years ago, I got 100% P&T, SMC-S in a year and a half. No appeals, no court hearings, etc. I'm done. Not looking to fight the VA for decades. So ya, I think my approach has some merit. Yet, I have people say 'you shouldn't have to do it that way and take the fight to the VA for years'. We just have different approaches. Hopefully we both end up with the end results we deserve. BTW, I luv everyone of you and arguing is not one of my approaches to settling disagreements. I'm just going to state what it took for me to win in a short period of time without a ton of evidence in my records. I used the VA rules and laws in place and brought the house to them. In the end, my local VSO I was using was asking me for advice on how I did it so fast. He was like 'damn dude'.
  3. Went to the link and said I do not qualify. Maybe they haven't updated it yet. I missed my time to apply also.
  4. Well I've offended one once. It didn't fair well for me either. It probably added another 6 months to my claims getting approved. They certainly can make things rough for ya if ya piss em off.
  5. You might be able to call them and request a different examiner. The QTC clinic that does mine will bring in various examiners from different areas of the country. I've had one Dr. a couple of times. Luckily, he was a good dude. Is it possible the examiner doesn't know who complained? Not that that's going to help if he's a Putz. Last time I complained about an examiner, they had a different one redo the C&P. Hopefully this is the case for you too. If it helps, after I complained to the VARO about an examiner, they were very thorough, nice, and I had a positive C&P.
  6. You are one of the very few I have seen with these claims all granted. Usually they use PTSD to cancel out one or the other regarding CFS or Fibro. Super rare to have all three granted. It's usually a rater error. Hopefully they don't catch it in the C&P (which I suggest going too).
  7. Indeed I could and probably win. But like I said, I have nothing to gain from it since I am 100% P&T with smc-s. I get free treatment for it through the VA (Chiro, massage, acupuncture). It is not a life threating issue thankfully. Honestly, I think they substituted my 40% Fibromyalgia claim in lieu. That is more than I would've got for neck and back claim I'm sure.
  8. I'm not sure how long ago you got out or if you have been seeking treatment for the issues. As far as the back and shins claim go, I think you have an uphill battle. I got denied back and neck claims even though I had an in service incident, treatment after service, and a Dr. who gave his opinion that they were connected. Not any joe blow Dr., but one who is very familiar with VA lingo. I did not keep treatment records and put in the claim 20 years after I got out. The treatment records get destroyed after 7 years I think, so I had a gap in treatment. Denied! Sure I could appeal it and probably win, but I am 100% P&T so I won't bother. I did get service connected for hearing loss 20 years after I got out. I also got service connected for TBI that caused my lifelong neck and back issues.
  9. Well I'm sure a believer in IME's when filing an increase. I went from 50% PTSD to 100% P&T with additional evidence from an IME. Was worth every penny. It did trigger several VA C&P exams.
  10. Well Gerd certainly sucks. You should ask for medication for it. You can send your PCP a private message through Vets.gov. In my case, I take Famotidine (Pepcid ac). This will strengthen you claim. A diagnosis in your records would go a long way too. I had an outside Doc diagnose me with GERD presumptive to Gulf War. In this case, only a diagnosis is needed. You may need a Doc to link your Gerd as secondary to PTSD medication to make the claim concrete.
  11. Not sure if you qualify, but I got awarded 40% for Fibromyalgia presumptive gulf war. Wide spread pain in all regions of the body. I did have a diagnosis for it. Otherwise it would be part of my mental health claim.
  12. Yes, I did have to go in person. This helped my claims due to the fact that he stated 'I have reviewed the patients medical records and did an in person medical evaluation'. Or something to that effect. I believe he does SSDI exams as well. Super nice guy. Made a mini vacation out of it. Although OKC wouldn't have been my first choice, lol.
  13. I did. For my initial C&P exam, He only wanted one stressor event. I gave him two. When I filed for an increase, a different C&P examiner wanted all of them. So I gave him four stressors. One of them a suicide in a porta potty that I had to reach up under the door to unlock it.
  14. Some very good advice here. I was diagnosed with ptsd/mdd by a VA Psych. Dr. She never asked about a stressor event. I was a Marine in a theatre of war was good enough for her. I do not have a combat action medal in my records. Our unit should have been awarded it and maybe it did after I got out. Don't know, don't care. I got into treatment via the VA then filed for PTSD. You will have to concede your stressors to the C&P examiner. Let them know the rough date and time. They can research it. Initially I got 50% for PTSD. I filed an NOD and submitted additional evidence that got me to 100% PTSD/TBI (not easy). I no longer seek treatment because it hasn't worked for me & my Psych Dr. retired. I've been on a dozen different meds. None have worked. I am prescribed 3 different meds currently. I don't take them. If the VA ever wants to reevaluate me, my treatment is the prescriptions. Otherwise they could reduce me. My treatment is running, golfing, and fishing. That's what brings me peace. Best of luck to you.
  15. I had 8 IME's from Dr. Ellis in OKC for around $900 a few years back. 100% P&T, SMC-S in a year and half of initial claims.
  16. Yep. Part of the process. I would advise not bringing up your Dr's IMO's. I did this and it ticked the C&P examiner off. That bad C&P exam extended my claims another year. Eventually it got dismissed when I filed a complaint with the VARO. This triggered three more additional C&P's for the same condition. Let the rater sort it out.
  17. You could file a complaint with your local VARO and contest the VES examiners credentials and exam. This probably will trigger another C&P with a different examiner. I've done this in the past. It worked out for me. I guess you have nothing to lose by filing an HLR, but they'll probably rubber stamp the VES examiner. But you never know. I believe Dr. Anaise is also a lawyer. You may want to contact him again to see if he can represent you. I imagine he might take interest since his exam is being dismissed.
  18. Yes, I am 100% P&T since 2018. My guess it was an error as well. She seemed pretty boot. I even brought it up. Not a big deal. I scheduled an appt via their website. Had the new one in two days. I've been told anyone with the old version, you need the new white one in 2025 sometime. Hopefully someone can confirm this.
  19. Well I got my new DOD 100% disabled card since the tan ones will expire sometime in the future. My tan one never expired (indef). The new one however expires in 4 years for whatever reason. Guess I'll be going back every 4 years. Sucks.
  20. You filed a claim recently. When you do that, they can reexamine all you conditions from what I understand. Sucks that they do this. It's almost like they want to punish you for opening a new claim. Just go with the flow. I think it would be hard for them to reduce you on your PTSD. They might try. If they do, others here can guide you on appealing that proposal.
  21. Pretty sure you need one claim to be at 100% then all your other claims add up to 60% thereafter to get to SMC-S. You could have 20 claims add up to 200% and still not get it if you don't have one claim at 100%. Not easy to do.
  22. No they aren't coming for your guns. Unless they deem you financially irresponsible if they approve your PTSD claim. I don't know why that is and I don't know if this is factually true. But that is what I am told. Hate to start any false rumors so hopefully someone who know more can chime in. I'm 100% PTSD/TBI. I have my conceal carry license. Doubt they know about my mental health claim. If so, oh well, I got it. Getting treatment only strengthens your claim. Yes it sucks. I hated it. I now only get phone calls once in awhile to see how the meds are working. They work great, because I'm not taking them. I was worse off when I did. But like Dustoff said, less is more sometimes. I'm pretty much not on their radar anymore.
  23. Indeed. I had an accident in service which resulted in neck and spine pain since it happened. They denied my spine/neck claims but approved Fibro at 40% (GW presumptive). Pretty sure they just exchanged one for the other. Doubt I would've got got 20% for neck and spine claim. I didn't save treatment records for it after I got out. Put in a claim 25 years after I got out. So it was denied based on lack of treatment records when I got out and age. Could I fight it and win? Yes. I have Nexus letters (from an MD who has trained C&P examiners in the past) for the neck/spine & Fibro. I'll leave well enough alone since I'm 100% P&T with SMC-S. I do get Chiro & massage for the spine issues.
  24. In my experience, I've gotten roughly half of my claims approved with outside nexus exam letters and DBQ's. Half was enough for 100% P&T SMC-S. The other half could've been approved if I wanted to appeal. I had C&P exams for everything. The outside DBQ's or nexus letters does keep them a little more honest if they know they have other evidence to contend with. If they even read them. More than likely your outside DBQ's from a forensic MD or specialist MD will be worded better than the VA's nurse practitioner who removes skin moles. My private DBQ and nexus for PTSD/TBI was absolutely kick ass. It was never mentioned in my C-File by raters or other Psyc Dr's looking at my claim. I know it had to be considered since I went from 50% to 100% for PTSD/TBI without a ton of treatment records. Don't do what I did and walk in with the DBQ's and throw it on the examiners desk. If you piss them off, you will have a bad C&P exam. Keep them on the low down and let the rater compare them. This would've shaved a year off my rating. Had to contest the bad C&P exam which in turn caused two extra exams. But they got it right in the end. Good luck & SFMF!
  25. It's a double edge sword regardless. Politicians think raising minimum wage helps people afford rent. Unfortunately rent goes up, food costs go up, fuel prices goes up, etc. So what's gained? Same with property taxes on landlords. Passed on to the tenants. Fuel prices raise the cost of everything. Passed on to the customers. It sucks, but when you have politicians who know nothing about how a business runs, how to balance a budget, or keep costs in check, we all pay. And it sure doesn't help businesses look good when their CEO's are making millions on the backs of their own workers. Running a small biz myself, some of my high earners make more money than me.
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