[Disability and mental health]

True.  But damn, some of the drugs they give you really can mess with you. Lyrica, Gabapantin, etc.

Exercise has been the best remedy for me.

[QTC exam that does not require attendance]

Was your first exam by QTC or VA?  Probably just need some clarification on the first exam.  Be glad it's QTC.  I've had all my claims approved by QTC.  Even one's were the VA tried to script their DBQ to deny.  I'll give VA props, they deferred it for a second opinion due to the VA C&P's oddball exam and overwhelming evidence in my medical file.

[Bad Rating issue]

6 hours ago, LadyMC said:

When the C and P examiner filled out the form he skipped several of the symptoms I listed but did reference them in the criteria section.  I’m sorry but I do not understand all of the acronyms. EED, CUE, HLR ??? 

Ya, they'll do that.  Not asked, not checked.  Took a NOD and an outside Psychologist IMO, to get it rectified.  Then the VA had me do 3 additional C&P's.  Had a couple of examiners ask directly of the DBQ and filled out properly. Went from 50% to 100% finally. 

Hopefully you understand all my acronyms.  If not, I can clarify.

6 hours ago, LadyMC said:

When the C and P examiner filled out the form he skipped several of the symptoms I listed but did reference them in the criteria section.  I’m sorry but I do not understand all of the acronyms. EED, CUE, HLR ??? 

Ya, they'll do that.  Not asked, not checked.  Took a NOD and an outside Psychologist IMO, to get it rectified.  Then the VA had me do 3 additional C&P's.  Had a couple of examiners ask directly of the DBQ and filled out properly. Went from 50% to 100% finally. 

Hopefully you understand all my acronyms.  If not, I can clarify.

[Trial begins for massive vets' lawsuits against 3M faulty ear plugs]

Having read 'The Tort' by John Grisham, no thanks.

[Should I request Higher-level review conducted at the same office?]

Basically CAVC precedential cases aren't your case, so they're not going to take those into account.  You can't use those as evidence to prove your case.  Your case might be similar, but similar isn't proof.

Caluza elements:

https://hadit.com/caluza-triangle-defines-necessary-service-connection/

[Should I request Higher-level review conducted at the same office?]

I've heard of people succeeding a HLR, but I sure didn't on a couple of tries.  I even had a forensic MD state 'more likely as not, caused by in-service training accident' and is still seeking treatment since getting out of service.  And the fu%*s still denied me.  I'm 100% P&T smc-s, other wise I'd appeal it and win.  But I'm good.  I stand to gain nothing other than a victory. Probably give me 0% anyway. 

[VA issued me its rating decision letter on 1/19/2021; how long do I have to challenge the decision?]

If you have the resources to get additional evidence (find a shrink with VA knowledge), this would help your claim.  For example: https://veteranspsychevaluations.com/

I went a route similar to this.  This will result in another C&P exam and may get you the proper rating.  The VA doesn't like vets going this route, but it has legal weight should it go to an appeal.  It's forensic evidence just like a hired C&P examiner.  Let me know if you have any questions if you do decide to do this.  

You have up to one year to get this done.  I wouldn't wait.  Getting this additional evidence takes time.

[Updated DBQs on the VA website]

7 hours ago, brokensoldier244th said:

There are a lot of VSOs that just grab a copy out of the drawer and send it to people to fill out, and if the form is not the most recent, or within a year past of the new form date, it won't be accepted. 

Do they not have to accept all evidence?  Even if it was filled out on a piece of scrap paper and signed by the doctor?

[Seeking Doctor to write nexus tieing service conected PTSD to my sleep apnea diagnosed in VA sleep study]

On 3/2/2021 at 5:44 AM, timbalto said:

I was denied the original filing about 3 months ago.  The C&P examiner said 'less likely than not' related.  Do I need a IMO from a psychologist, therapist, or sleep doctor.  Does anybody know of any in the Baltimore Md area?

Do you have a diagnosis of ptsd from the VA or outside the VA?  If not, that's where I would start.  And you need ongoing treatment.  Preferably from the VA.  If not, you might be flushing money down the drain.  I truly believe a diagnosis from a VA psychologist is the best path to approval.  And ongoing treatment.  You should be getting that anyhow if you have ptsd.  Can't just throw claims up and hope they stick.  I've learned the hard way.

[Maybe why so many VA denials ( VA OIG)]

Does anybody know if they hold C&P examiners accountable? Like if someone files an NOD, submits additional evidence from a treating physician, or forensic doctor who performs an in person DBQ or IME exam; scrutinizing an inadequate C&P exam & coming to a different conclusion.  Maybe just a flat out piss poor exam because they didn't care for a Vet's attitude (don't piss of a C&P examiner in other words).  They should if they don't.  Especially if the claim gets approved or increased after being initially denied or low rating.  Especially if the C&P examiner has a formal VARO complaint against them and subsequent C&P's find in favor of the Vet and their exam as 'not making any sense' based on treatment records.

[HLR since pandemic]

2 hours ago, flynsolo2 said:

@Foxhound6. I am not really sure what a C&P exam for GERD would "look like" , since it's not like my other C&P exams, where they look for range of motion/pain. Guess we will see.......so now I wait until the 31st....and for the letter to come in the mail. 

I had Dr. Ellis do an IME on GERD.  He gave his rationale and stated it should be at the 40% level. He did IBS at 30% (had 2 other DR's diagnosis of IBS too). VA did their own, and gave me a big ol 0% for GERD/IBS.  I'm on meds for both.  Sure they low balled me.  But I'm rated for it at least.  Also, I'm 100% P&T with SMC-S.  Otherwise I'd file an appeal.

They're just going to ask questions and see if you have a diagnosis, tests, labs, etc.  They're not going to stick a scope down your throat or anything.

[Special Monthly Compensation - (SMC-S)]

https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/

You automatically get it if you qualify, unless they over looked it.  But I doubt it.  If you request a C&P for it, they're probably going to look at all your ratings and reassess.  You could get increased, or decreased.  How bad do you want SMC?

 

[Another new one for me, a contracted C&P]

I've had both VA and contractor C&P's.  I'll take the contractor C&P's all day long.  I've only had one bad contact C&P examiner.  I pissed her off right from the start.  I advise against this.  I had to contest the exam and it extended my claim results by about a year.  I prevailed.

I've had several bad VA C&P exams that I've had overturned with additional evidence and subsequent C&P's with contractors (QTC,LHI, etc.).

Good luck, and kill them with military kindness.  Yes Ma'am, No Ma'am, yes Sir, no Sir.  Thank them for their time.  

[Got a vent again]

Any changes on Ebenifits?

[C File]

Took me about a year.  Pre Covid.  Not sure of any shortcuts. Some say claims could hold it up until they are decided.  Oddly enough, I did receive my C File when all my claims we're decided.

[Can you get a 100% P&T PTSD rating and not have work impairment]

Pretty sure it would have to be sheltered employment to maintain a job.  That's my situation.  No way I could hold a job without sheltered employment.  For me, I work in a family business and have 100% PTSD/TBI.

[Gulf War Burn Pit Rheumatoid Arthritis]

You might fall under Fibromyalgia.  Unexplained muscle and joint pain.  Maybe Chronic Fatigue Syndrome, although this one is difficult to get.  Difficult because of overlapping symptoms such as PTSD or Fibromyalgia for that fact.  I got approved for Fibro (40%) and denied CFS due to having PTSD.  Even though I had a diagnosis for CFS from an MD.  I'd shoot for Fibro if I were you.  Not sure you would get a RA claim approved at 40% and not sure it's even a presumptive.  Or I could be way off on any of these.  Just my experience.

BTW, the deadline to file for a presumptive seems to get pushed back all the time.  But I wouldn't test that theory either.

[PTSD increase decision 2 days after evaluation/was evaluation required/when does the rating update after decision letter sent]

Check Ebennifits.  Mine claims have all showed up there prior to the decision letter that is sent out.  It can be surprisingly quick.

[A Hill worth climbing?]

Don't trust Ebennifits for you rating.  You probably are service connected for your sleep apnea at 0% even though it says not service connected.  My ebennie is incorrect on a couple of things.  Yes it's bothersome.  I wouldn't stress it.  I have 100% PTSD from combat incidents.  Yet, it states non-combat related.  I have seen vets loose sleep over this very same scenario.  Too much pride.  I don't sweat it.  It changes nothing.

[QTC Exams on Blue Button]

They won't be on blue button.  At least not in the last 4 years.  You have to do a FOIA for faxed to Janesville, WI.  I've had my VSO get a hold of some of them.  Otherwise, it's going to take you at least 6 months after submitting a FOIA.  VA C&P's show up on blue button.

[Trying something new for me regards Claims]

I submitted NOD's on denied claims, increases on low ball approvals, & 7 new claims all in one shot.  A hail Mary, see which one's get approved.  Ended up 100% P&T SMC-S.  I can just imagine them poor raters when they got my claims file.

[C&P Exam for PTSD]

Don't believe anything they say.  Wait till you get your decision.  In fact, go on Ebenefits and see if you got approved or not.  It'll show up there before you get your letter in the mail.  

I had a PTSD exam for an increase, the examiner said I should definitely get an increase at the end of the exam.  The exam did not go well from the start.  I pissed her off, she pissed me off.  She didn't ask any questions on the DBQ.  I probably knew it better than she.  She crafted her exam in a way to get me decreased to 0%.  I filed a formal complaint to the VARO.  Had several more PTSD exams.  All of them in my favor.  Totally discredited her exam as not making any sense.  Got approved 100%.

[100% P&T, should I still appeal?]

I'm 100% P&T SMC-S.  I have a couple of claims on appeal.  They wouldn't affect any back pay or increase.  I'm going to drop those appeals.  The only reason I would like them approved is to qualify for the Foreign Medical Program reimbursement when and if I ever do extended stays overseas. FMP only covers costs for service connected claims.  In my case it's a neck and back claim.  I can get massages and Chiro for cheap where I plan on going.  

["QTC" ACE follow up exam?]

1 hour ago, chgofire said:

Yes, been rated for TBI, been to C&P prior.  Can't recall whats my rating at this present time.  According to QTC they're going to do an ACE exam, something about records verfication, etc.  Forgot what ACE stands for..

https://www.vesservices.com/?page_id=2164

I'm guessing you might not be 100% P&T, which means you will have routine future exams (RFE).  TBI isn't going to improve.  Probably get worse.  In your case, you may get the P&T label after this exam.  Best of luck to you.

["QTC" ACE follow up exam?]

Go to the exam.  

Are you rated for TBI?  Have you done a TBI C&P?  If so, then don't stress about it.  QTC has always been professional.  Except for when I went in and pissed of the examiner.  Don't do this.  Be kind and if you don't understand an answer, tell them you don't understand.  Otherwise you will be counting backwards, drawing things, asked to remember names, etc.  Look up the Montreal cognitive assessment.  This is the one they used on me.  Three different C&P's for TBI with QTC.