GBArmy

Brother, it's a tough row you have to roe. 100% after surgery is a temp rating. After a period of time, in your case 3 1/2 years (which is longer than most granted by the VA after that surgery), they are to eval your current symptoms and rate you accordingly. Those factors you refer to are for normal disability ratings; your 100% rating was a temp one. So, IMHO, I don't believe you should be challenging the conditions for reducing. You probably should be arguing the symptoms of your residuals. You must reply to the letter from the VA right away that you are challenging the reduction. There are several posts on this subject here on Hadit. Going from 100 to 50% is like $2 grand on the table. Personally, I would get good legal help. IMHO it would be a good investment. Other may argue you can do it yourself. Yup. But if not successful, and you appeal and eventually win, just the anxiety of not knowing when/if you're going to get a high rating back alone might be worth it. Don't forget to apply for SMC(k), loss of use (ED) in any case.

Make or tab access to 38CFR, especially part 4. Google and do the same for VA M21-1 manual. Read. Start to understand what the law says and how the VA interprets it by their process and procedures. Read. And READ some more.

Honest Abe You have experienced what the VA does often regarding hearing tests for disability claims. You could appeal to HLR; I doubt if it would do any good. Your best bet is to submit for BVA appeal. They will eval both the VA's claim and your private eval and hopefully find that your data supports higher rating. Before you do that however, be sure to compare the actual results to the rating schedule and see where your values end up. "Moderate to severe hearing loss" is top vague and you need to get the actuals. I also assume that you either don't have tinnitus or you have and have gotten that seperite disability. If that's not the case, and you do have it, that's a new claim. Most veterans who claim both and receive a 0% for hearing will most often receive the tinnitus disability that is rated at 10% IMHO.

I would put it in either; but if you use email, be sure to get it scanned into your record. You want it to be part of your paperwork trail. In otherwords, you want it in your record that you took exception quickly, and of course, what he responded. Well, as for wording, your doc may be conveniently ignorant about the claims process. They don't want to be part of the claims process and they don't want to know. Period. But you said he seemed reasonable. So word it like "I'm sure you may not be aware, but the wording used and recorded in the record has a very significant impact on whether or not my disability remains the same, or could be downgraded in the future. So to say my condition was "dramatically improved" but realizing it is just at a point in time and can, and will flare up again, puts my disability in jeopardy at a future evaluation. That wording can be taken out of context and result in serious financial impact to me." Something like that. The objective is for him to identify his incorrect wording, and correct it in the record. If you can do it outside the written word, fine. But you still want to be on record as taking exception to his original wording, and, you want a correction.

SPO I would do 2 things. If you use a VSO, or lawyer, I'd ask them to look up in VBMS what is the status rating on your disability rating sheet. It will either be "static" or, it will indicate another C&P exam will be required in the future. If it is static, there is less to worry about but still will be on their radar. If you submit a new claim, the existing disabilities you have are fair game for them to re-evaluate, and if you use some of those records as part of your claim, you may have a problem. The second thing I would definitely do is correct the record on dramatically improvement. Go onto ebenefits and use secure messaging. Ask the doc why he used those words; tell him your status and current conditions and tell him how that is going to potentially hurt your rating. Ask him to correct it. You want to address that record now, not later. I don't know how often you have flair ups but then when you have one and your symptoms are bad, ask for a doc appointment. When you get there, bring up the previous and remind him about he selection of his wording. If that doesn't fly, I'd consider getting a re-eval with an outside source if the send you a decision letter saying you are scheduled for a rating reduction.If your rating is 5 years or more or you happen to be 55 years old etc. you have some protections. The VA is not supposed to reduce your rating based on one follow-up C&P exam. That doesn't mean that they won't; they still could and then you have to appeal. You are right to be concerned; take action.

I totally agree with Shrek. No question we burned feces and used diesel fuel in Nam.. No question those are two things that were/are burned in the Gulf, both currently and earlier. Definitely file for it. It would take some digging but studies now would show the harm they are now causing and since it is same/similar stuff as Vietnam, I'll bet you can find a doc who would make the nexus for a Vietnam veteran with similar symptoms. Need to access journals/study papers and contact the scientists/med folks making those studies.

Brokensoldier244th I told you before I admire people like you who go out of their way to help veterans. Maybe you slightly bend the rules a little, but it does a lot more good than harm and sometimes, you help someone out. Nice. Keep doin' what you're doin" brother.

Mike No, don't "just file." You may have several additional disabilities that you may be compensated for. At 80% it is hard to move the needle, but getting at least to 90% is possible. Also, you should have been also asked if you want to be considered for TDIU. A stroke obviously causes cognitive issues as well, which are a mental health disability. I strongly recommend you get with a neurological doc that is familiar with VA-speak and can provide a IMO for you. You definitely should see if you have left some money on the table. Don't leave it up to the VA to "find", that isn't a wise choice.

Durangokid Just one more thing. You are concerned about another exam. Well, as already discussed, it is likely a sure thing if you put in for an increase in your disability rating. However, based on your age and other factors, you may need to be called in for another C&P exam anyway. Ask someone who has access to the VA's VBMS system , like a VSO, to see what your status is for the condition. It will state whether or not you will be scheduled for follow-up future exams, or, if your condition is static, which means no further exams are anticipated. A "static" condition is one of several criteria on whether you will be receive another exam. You can also get this info off of your rating code sheet. You can request it from your RO if and when they ever open back up again. The other criteria used by the VA to determine if a veteran needs a future exam can be found in their ops manual, M21-1 at III.IV.3.B.2.d I suspect, with a back injury at 10%, after 5 years, they would leave yo alone unless you rock the boat by asking for an increase. That said, if your conditions are worse, still go for it.

VA.gov is the only place that you can find open status. On HLR, it just doesn't update. No clue as that rationale. It's a claim just like a supplemental is. You can't get a status on ebenefits. You can call Peggy, 800-827-1000 and ask but the info you get isn't very detailed.

Ducato90 Remember what I said: you need all three conditions to win. Not two. Just because they confirm you have a current condition, you have to have an event in the service AND a way to connect it to today's problem. What other disabilities are you trying to s-c? Do you have a hearing problem or tinnitus. If so, and you get it s-c, it is possible that they can s-c depression/anxiety as a secondary. Just a hint at what you need to read up on.

Ducato90 You have to be the one who figures out if it's worth it. It will usually cost about 20% of the back pay you get, and assuming you keep the appeal process going, for 4 disabilities it could be decent. So it's kinda like how much are you willing to learn and spend the time to work your claim. If you have little knowledge of the process and maybe don't have the time to do it yourself, then go ahead and get a good lawyer. To win a claim , you need 3 things: a) a current diagnosis of a present condition. (Sounds like in findings the VA has acknowledged you have the disabilities.) b) An event or illness in the service that you have as evidence that is the origin of your disability. Ex. hurt your back and went to medical several times, given a profile or light duty and a back brace. c) a Nexus or connection between the event in service, or service-connect, and your current problem. You need evidence. Do you have your medical or str records that indicate these disabilities? How about med records from your private docs? Depending upon what you are claiming, you may have to show a continuity of the problem, Ex. continued to seek medical care for your bad back (and have records to back it up.) If you don't have that,again, depending on what you claim, need to get a doctor's expert opinion on how that original s-c event manifests itself in your current condition. This is the nexus and usually included with his IMO (independent medical opinion) as to how it ties together. If the nexus is no good. or not adequate, you lose. So you need to chose a doc who knows what they are doing. More $. No guarantees; if the IMO isn't good enough, too bad, no refunds. Often, the lawyer has a connection for medical nexus/IMO stuff. Look up the diagnostic codes for your potential disabilities. Understand what symptoms are for their respective ratings. Eval your symptoms with that criteria. Then you have an "idea" of what you may be in line for if you win. If it works out as worth the effort, I would suggest you do this. Read. And then read some more. Here on Hadit. Read BVA case decisions. Lookup the lawyer sites and read on the disabilities that relate to you. After doing this for several weeks or months, you may then get an answer as to if it is worth it to hire a lawyer or do it yourself. We are here to help and answer your questions.

Matt MH disabilities, PTSD in particular, are on veterans' radar, as they think that the government is going to take their guns away. No. My understanding is that the only way that could happen is if you were to threaten to hurt yourself or someone else. They do ask questions on ownership, how & where do you store them and accessibility, etc. But if you are not likely to show that lyou have bad intenyions, you'll be ok. As to your clearance, there are HIPA laws and you are protected. If you don't say anything, how would it come up?

Flow1972 I suggest calling the Whitehouse hot line:855-948-2311. Tell them your frustration going back months. But understand, the records at the records center and RO are like not kicking out any requests that are not emergencies because of covid19. There is a push right now in Congress to get the VA commit to a recovery plan, but it's going to be an issue for a long time because they will need to allocate more assets to do their job.

Flow1972 We can only evaluate the performance of the VA by our own experience. I've been involved with them for about 10 years and IMHO they are getting better in a lot of areas. I didn't say great, but better. Most noticeably in terms of health care for me. Better doctors and medical staff, more willing to get you additional testing or special care, etc. More respect. I believe that occurred in response to the terrible way they were treating some veterans in getting care at some VAMC's, like in Arizona. The "death" waiting lists and all. It causes such a public outcry that made them start treating us with the care we deserve. VBA? I don't know. They still make it really hard for the veteran to submit a claim that will fly, especially right off the bat. But the lead times to get a claim thru has improved considerably. Months, not years mostly now. But if you are new to the hamster wheel, then it looks like they just take too long. They do, but it is better. And I believe the reason is today's veteran is more of a self advocate and more informed. They can even start the disability trail while still in-service. Definitely improvement but still a long way to go. It is our responsibility to demand better, because we deserve better. If they do a bad job, like inadequate C&P exam, go after it. Get a re-do. Got a doc who is terrible, call him out. Contact the Hospital director. They can't improve if we don't tell them. But, I think it is getting better.

Durangokid It is evidence but when you go for a new disability, or, for an increase rating in an existing s-c disability, you need a current diagnosis. Think about it; you already are rated for the conditions based on your symptoms at the time of the C&P exam. Not how you were prior to the exam. The time to challenge the accuracy of the C&P results are before they get old. Usually not more than a year or so. Certainly not years; they will just give you another exam, not look at old results.The way to do this is go out and get additional evidence that show your condition is worse than the current rating by comparing the rating criteria on the diagnostic code. Most probably the VA is going to require a new C&P to see if they agree. If you are worse, go for it.

ragib I assume this just happened. They can't just close out claims without giving you a decision letter. I assume it is coming and va.gov and ebenefits haven't been updated. Call Peggy, or 800-827-100 and ask for a status. They should be able to tell you. You may have a remand going on and they awarded a partial grant, or more work has to be done. It is also possible that migraines are being lumped in with your tbi and maybe the also are evaluating your request for tDIU also. Possible. But until you get your decision letter, who knows. Takes 7-10 business days for it to get to you. I assume your mailing address is current. If not, update both VHA and benefits.

Miken2c74 Hang in there man. You know the drill. 125 days is an estimate. But if they see it's YOUR name on the claim, the double it:-) Check VA.gov once a day, and when they say they have made a decision, check your "letters" section for maybe an update on your disabilities rating. Also, you can check ebenefits for financial payments to you/direct deposits. If you have a VSO or someone who can check vbms, they can look and see what the decision letter says for you once they have said the decision is in the mail. Or, get a hobby!

I agree with Buck52 Needs to show why PTSD is causing OSA. I don't like the "It is possible"; just say it is in my professional opinion after years of practice and in this specialty that "IT IS AS LIKELY AS NOT, at least 50% probability that..."The doc has to refer to medical journals or studies, or other actual medical evidence and relate that to your symptoms. It is not likely to be a successful claim unless you get a stronger IMO/nexus.

Berta You are much more versed in the legal stuff than I but IMHO, if a veteran served in Vietnam and now has htn., they should use this finding as the blueprint for their own claim. Once the BVA starts to acknowledge that the NAS decision to include htn as a presumptive, it's just a matter of time. The VA is just treading water and buying time (what else is new!) Congress passed a new law and it is in the big defense budget for the president to sign making 3 of the 4 recommended add ons by NAS to the AO presumptive list of disabilities. Htn. was left out because it was a compromise to get the other 3 in this year, but make no mistake, it is going to be added also. The veteran should get an IMO from his doc and use the citations and reasoning that is cited in this case. If Wilkie and company don't change, it will be denied, but the veteran will win out eventually with the EED (again IMHO). Congress is going to make them do it in 2021!

Tbird I knew it was someplace but I couldn't find the calculator!

Shrek said it best! It's a choice you have to make yourself; never mind what works for others. Do your homework. If you have been going to the VA, seeking treatment, trying meds if prescribed, and not improving and your records reflect it, you should be fine if you decide to go for more if your disabilities are diagnosed and can be service connected. If you can prove it, sure go for it if you want to.

jka Be careful on this; don't let them low ball you on back pay. As Brondovet and Pacmanx1 said, this isn't going to be a catwalk. Especially when you have to adjust each year for the new rates because of cost of living. Throw in dependents if during this period you used the VA and notified them that you had a family. You will have to use look up the 3o% rates for every year. Let us know how you make out. Don't be surprised if you end up hving to get a lawyer to get the right amount.

tuanntrang I don't know either, but I guess I would start by calling Peggy, the VA claims general line. 800-827-1000. If they can't give you an answer, they can direct you to the right dept. to contact. It just might ne financial audit, but I don't know. My guess on the first one is a typo. The $443.76 could be the difference between your old rate and your new rate and it could be for over several months. Just speculation; you have a right to know. I don't know why they don't include a detailed explanation on the amount of deposits we get. I do know, however, that if you think you were short changed, you can just request an audit.

John The most obvious thing I can think of is a Buddy Letter. Can you contact an old friend that was in your unit that can verify where you went? You've gotten all your personnel records from Archives? Never went to sick call that would reference some illness or injury that occurred while there. How about the CO of your unit; he could verify what your duties were if he were available? Do you have any other pictures? Last thing I could think of is inquire many big law groups, like CC&P, and see if they have an interest. Sometimes the VA will accept some pretty liberal evidence. If you picked up the mail, did you have to sign for it? Maybe try to get a copy of the receipt from the unit you picked up from.You need a nugget to prove you were in country, and a buddy letter could tip the scales.