El Train

No, the scars were 80% alone without other claims (burn victim level scarring). They were the same when I got out in 93. No better, no worse. I'm not sure I want to mess with it and have my overall rating put under a microscope. I pm'd a well known lawyer and it didn't sound like it was something he wanted to get involved in. Something about a CUE being a high bar to hurdle. Maybe in the future when I've had my rating for awhile. IDK.

Well if you don't go, they probably assume the condition has gotten better and reduce you. I think it's a mistake not going to a C&P exam. I could be wrong.

Been through what you are trying to do. I got denied in 1993 due to not finding records. Found my records in 2017 and refiled for the claim denied in 93. Got approved at 10%. Filed a NOD within the year and got the claim approved at 80%. I called CCK to see if they would take my case for back pay to 93. They did. Unfortunately they were only able to get back pay from 93 on the initial 10%. I'm not sure why not the 80%. The claimed condition did not get worse or progress further. It was for scarring. Scarring doesn't get worse over time. At least mine didn't. The damage was done before discharge. CCK didn't explain why not go for the 80%. I mean we're talking like several hundred thousands of dollars. They settled for the 10% for like $30k. I just assume they know what they are doing since they are one of the big dogs suggested here. Why would they not go for the big prize.

Same here. 800mg Motrin, change your socks, hydrate, and keep motoring on. My neck and back got denied due to no treatment after service. Not true, but I didn't keep records of the treatment and they get destroyed after a period of time. That doesn't help when you file a claim 20 years after you got out. But hey, I got TBI and PTSD approved without any treatment 20 years after. Go figure.

Can we bring back the quick link to 'Latest posts'?

Ya, it won't go back to 2013. Here is a link to a VA percentage calculator. https://www.hillandponton.com/va-disability-calculator/

I've heard of very few HLR cases getting a claim overturned. Doesn't hurt to try but they'll probably just rubber stamp the original raters decision. You can file a NOD, you have a year to get additional evidence. I hired Dr's that are familiar with VA lingo. Former C&P Dr's and C&P trainer. Ya, they know how to write it up for the VA real good. I didn't want to go the appeals route. I got to 100% P&T in a year and a half.

Same here, 50%. I thought that was great. Then I got a hold of the DBQ and found a lot of the answers on it we're skipped/not asked and marked no. So I got a second opinion or two. One Dr. put me at 100%, the other had me at 70%. The Dr. that put me in the 70% rating shredded my original examiners DBQ. Wrote up his own DBQ and gave an in depth opinion and cited multiple clinical studies that included TBI (which is a whole different claim). 100% PTSD and 70% TBI, combined for P&T when the dust settled. It wasn't easy and the VA didn't like my approach. But I did everything by the 38 CFR rules. They don't have to like it, it's their rules.

Is there anything in your service med records in which a TBI incident occurred? If so, file a TBI claim. I had a training accident in which I was seen by a Corpsman after I was knocked unconscious for about 5 minutes. That one little notation in my records got me approved for a TBI at 70%. They combined it with my PTSD since a lot of the symptoms overlapped. They will separate any conditions that don't overlap with your PTSD and rate them individually. Things like your migraines or for example, Meniere's, incontinence, vision problems, etc. If there is no TBI incident in you med records, I think it will be an uphill battle. Not saying it can't be done. If you do proceed be ready for some serious C&P exams. I had 5 C&P exams when I filed for TBI. They redid several PTSD exams as well. They're going to try and separate TBI symptoms from PTSD. Hopefully you get good examiners. I had a bad one and it threw a wrench in my claim for an extra 6 months. Partially my fault because she pissed me off and she made me pay for it. Ultimately, I ended up 100% PTSD/TBI P&T. Reach out if you have any more questions. Been there done that.

Not clicking on the link Bro. Copy and paste if you want answers or to point something out.

I had this happen too. VA examiner gave me a favorable opinion (at least as likely as not); a week later it was updated (ACE exam) with a different rationale and a unfavorable opinion (not likely caused by service) symptoms were a natural progression and would have happened anyway. Well that backfired too. I complained and they set me up with another C&P (different DR.). He was confused why the change of heart by the previous examiner. I got 10%, filed an NOD, got an outside Dr. assessment. In the end, I got 80% for the claim. Big difference. Buncha BS.

File now. They'll continue to collect evidence if it's through the VA. That's what I did. No telling how long it will be for your C&P. If you get lowballed on your percentage (like 50%), then you can contest it at that time. That will take quite awhile. Keep getting treatment through the VA. I went through some kind of Cognitive dissonance meetings for a few months that went a long way in my initial PTSD approval. Keep up the treatment until you think your claim is satisfactory. I initially got 50%, filed a notice of disagreement, got an outside mental health Dr's assessment (nexus &DBQ). When the dust settled, I ended up 100% PTSD/TBI permanent. Treatment didn't work for me. Now all I do is talk to a pharmacist to keep getting my meds. And he hasn't called me in a year (which is good. Leave me alone). The med program is fantastic. If I need to get them updated, do it through https://www.myhealth.va.gov/mhv-portal-web/home. When refills run out, I instant message them to refill them. I don't talk to anyone. Except my annual check up. Peace.

You should be in the 50 to 70%, no problem. You have your duck in a row at this moment. Have a VSO file for the increase right now or go on ebennifits or Vets.gov. If you're not signed up, you may have to go into a VA clinic and have the front desk help you out. Comb over your service medical records for any other claims you might have. For example, I got rated for a TBI for an accident in which I got knocked out for a short period of time. One excerpt in my medical records about it. Took a keen Psych Dr. to ask if I ever had any head injuries one session. You served in the Gulf. Look into GW presumptive issues.

Supposedly you need to be at a minimum 10% symptoms to get rated a presumptive, so maybe they did make a mistake. I got 0% too, but they direct service connected me for some reason; even though I filed it under GW presumptive. So maybe that's why I got the 0%. There is no documentation or complaints in my service records. I'd fight it for the higher rating (and win) if I wasn't 100% P&T/SMC-S. 0% is still service connected and I do get treatment for it. You're at 90%, so that fight is a no brainer.

Your headaches will be rated the same weather they are migraine, cluster, or whatever they are. I used to have a website that had Independent medical review Dr's by state, but the site no longer works. You might be able to google that info for the state you live in. The info. is still out there somewhere. As far as your sleep goes, have you thought about an adjustable base under your mattress? Much like the old Craftmatic commercials. They got way better ones now. It's the only way I can sleep decent. Tempurpedic on an adjustable base.

Some of these examiners can't put 2+2 together. Unfortunately, this is where a third party medical opinion can help them out. I went this route. In the end, I got a whopping 0% for it and IBS Gulf War Presumptive. At least it's service connected and I get meds for it. Sure, I could fight it for an increase except I'm 100% P&T with SMC-s.

I welcome the proposal to be able to work with 100% mental rating. I'm rated at 100% ptsd/tbi and have been working all along. I didn't hide it from anyone regarding VA. I work in a sheltered environment (family business). Otherwise, no, I wouldn't last at any job. I got into an argument with a fellow on another forum that had 100% ptsd rating and was a cop. Now how in the hell does he still have a job with 100% ptsd? I'm not ok with that situation. Something isn't right with that deal. Just my opinion.

Nice! You got rated accordingly it sounds like. Sorry you had to battle it for so long. Also, I have seen a few of your posts on the other site. They're not going to be happy about being wrong. In fact, be prepared for the 'raters made a mistake excuse', so we're still not wrong. The almighty, VA is never wrong, we're current or former raters with decades of experience hypocrites. The irony. I wouldn't bother bantering them. They'll just pile on and make themselves feel superior. Been there done that. They threatened to ban me for calling them out. Which means they already lost the argument.

So you got knocked the F out? Is that in your service record? I got knocked the F out during a training accident. There is one excerpt in my medical records in which it is documented and prescribed one week off. I got an IME from DR. Ellis in OKC. Several of them actually. I filed a TBI claim and got it approved. You might want to look into it. They'll put you through the wringer, but it was worth it. Getting a spine claim approved for me didn't happen. It was due to the same accident in which I got knocked out. I had an IME for this as well. The VA went with their VA NP opinion over Dr. Ellis. Sure I could fight it and win, however I was already at 100% P&T with SMC-S. Moot point. I do get Chiro and massage for my messed up spine.

Yeah, 9 out of 10 times the VA will go with their guy/gal, regardless of medical qualifications. Same with a HLR route (rubber stamped). Where I've had success is writing a written complaint to my regional VARO about a bad C&P examiner. This triggered more C&P's for the claim. Ultimately, when they know you ain't playing around, they will not just rubber stamp you and put you back years in the appeals process. Especially when evidence is on your side (like an MD opinion vs a NP opinion). Hope this helps.

VA denied my spine claims even though I had more that enough evidence, diagnosis, and decades of treatment. However, they did give me 40% fibromyalgia gulf war presumptive. Probably more than I would've got had my spine claims been approved. I get Chiropractic and massage for it through the VA.

Hell yes there is. File a complaint with your nearest VARO. Find out who the head person is. I googled mine. Write them a cordial letter and explain your issues. Be professional. If you come across as a disgruntled vet, they may ignore you. In my case, I got a bad C&P examiner. She made some shit up and I called out her lies. I pointed to solid medical opinions in my records and exposed her. The VARO didn't play around. I had 3 additional C&P's for the same condition. All in my favor. I'm not sure if they did anything about that dishonest C&P DR. I don't really care. I'm not out for revenge, just correct ratings which I got.

Let's get back on track. I've been through a few TBI DBQ's. They will give you a MOCA test (google it). They will rate your on several categories, and rate you at the category in which you did the worst in. For instance, I rated at 70% disability in one category. Probably memory since I don't remember which category. They will rate some symptoms separately. I have a separate mental disability as well. You may get depression rated separately, as well as headaches, vision problems, incontinence, etc. You will have separate C&P's for these. You can score perfect on all categories and totally fail another. They will rate your on the one you failed. That's just the way it works. If you have any other questions, I've been through the wringer with TBI & PTSD C&P's.

Welcome to the 'You got lowballed club'. You have a year to file a NOD. During this year you can get additional evidence through your VA mental health treatment or get an outside medical opinion. In my case I got an outside mental health Psych opinion that trashed my original mental health C&P DBQ done a VA contractor. Then I filed the NOD. This got me a couple of PTSD C&P's from the VA. In the end, I got 100% P&T. Up from 50%. You will see on your C&P DBQ (when you get it) that the examiner probably skipped a lot of the questions on it. Didn't even ask them. This will result in a lowball rating. My final C&P examiner asked every damn question on the DBQ. Most of the boxes on the DBQ were checked.

No, the VA would never do that.