GBArmy

Shrek Take the easy way out and just call Peggy. If she is wrong so what.You might get a good direction from her. Or, you could just try the dental or vision folks at your RO and see what they say the process is. You might also want to explore outside the VA for some of those benefits though.

Buck I think you will find the criteria for HB or A&A on the dbq the doc fills out. see form 21-2680 https://www.vba.va.gov/pubs/forms/VBA-21-2680-ARE.pdf

Buck Yes, I believe that is correct. The doc has to specifically say you are "housebound." As to whether it is A&A or housebound for type os SMC (s), that should be called out on your dsability rating sheet. If you don't have one get a VSO to look in VBMS and get a copy of it for you.

Hi Harry59 You can find that in the VA m21-1 manual here https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015810/M21-1,-Part-III,-Subpart-iv,-Chapter-3,-Section-B---Scheduling-Examinations#2d. It is also based on 38cfr if you want the legal basis. If you are scheduled for a follow up exam, it should be noted as a comment on your decision letter as well as your Rating Code Sheet if it says you are "static." Static means no expectation of improvement, so a re-exam is not necessary. If you reach 55, then you also shouldn't be called either. HOWEVER, if you submit a NEW disability claim, then all bets are off and they can re-look at anything whey want in evaluating your new claim, so keep that in mind also.

elijahdoe How long have you been rated for MH? Do you attend ongoing treatment sessions with a MH professional? Is it with a private doc or with the VA? If it is with private, read and post in Ble Button so there are records of your on going treatment. If you don'y seek on going help, that is a serious issue. First, it is less likely you will be able to cope by yourself. Get help. Secondly, you will be receiving regular scheduled follow-up C&P exams to eval you status. If you don't have any records showing treatment, it is likely your disability will end up being reduced. Kinda like "The veteran isn't getting medical help, so therefore, he must be feeling better. No evidence of current symptoms." I am saying this because I'm getting the feeling you aren't opening up with your doc. They can't help if you don't. Follow Tbid's advice.

GeorgiaBoy1982 Yes, it is likely a positive sign, but there is a major caution. An examiner or any type makes recommendations based on findings comparing your symptoms to rating criteria. If, for an increase in disability, are your symptoms worse. But they do not rate your claim; that is done by the rater, not a medical provider. It certainly isn't a bad sign for you though. As for EED, more than likely,you are going to get low-balled. It is just what the VA does. So expect it, and also expect that if the facts bare it out that you will have to appeal. If it is potentially a lot of back pay, consider getting legal help IMHO. EED is not as cut and dry as it appears and the VA will try hard to deny big $.

AtlMarine Is it a good sign or a bad sign? Neither. Did you look at a dbq before the exam and did the examiner cover the bases? That's it. If she did, then it was adequate. There really isn't a lot of checks to go thru. Get a copy of the C&P exam to find out the results. What I have done with quite a bit of success is at the end of the exam is ask the examiner if they believe that my disability is service-connected as a direct question. They can't answer if you ask if you will get a disability; don't to ask that. They might answer whether or not they are recommending s-c based on their findings. It may take a few days, but if you used a VSO, ask them to look in VBMS and see what her findings were.. the famous quote"...at least as likely as not " it was s-c.

Snakes It is difficult to recommend lawyers because, as you have heard many times, every veterans situation is different. But Woods and CC& K are certainly very successful. If they take your case it is likely they believe the merits of your case. What I would do is check out their web sites and maybe you tube videos and see if that results in anymore confidence in selection. Then, either try one and if declined, try the other. Or, you could just do them both at the same time and make a selection that way. But, I doubt that either one will be taking a very long time in deciding to take your case so it's up to you. Lastly, even if declined, it doesn't necessarily mean that you don't have a case. It could just mean that their plate is pretty full at the time and can't provide the proper attention to more cases at the time. But you are doing well in trying to vet the best option for legal help. Best of luck.

Ducato90 Welcome to Hadit. The best thing to do is to issue a supplemental claim. The examiner may have "sounded like he was sympathetic," but you need to get a copy of what he actually wrote up. Request a copy of the C&P exam. You are not qualified to diagnose your medical opinion and if it is service connected; you need a medical opinion, IMO from a specialist to do that. Without it, appealing the denial will be a waste of time. You're not likely to get that kind of eval from a VA doc, so start researching getting a doc to do the medical opinion.

Hi Newhere. Welcome to Hadit. It is best to keep the same chain of thought going buy tagging on to your original chain of comments so others can follow along, instead of issuing a new question everytime. I'm not from Virginia and not knowing any details of your problems with their health treatment, I will suggest that you try the whitehouse hot line. 855-948-2311. It is a national policy to reduce the veterans' usage of pain killers and they can look into your situation. Again, not knowing the situation, I'm thinking part of the problem may be a lack of qualified experts in your area that the VA can allocate.

Al Personally, I'd fire her but. She is feeding the same bs that the VA feeds the VSO when they "train" them. Of course you have to have new evidence if you go for an increase. Duh. She is back peddling on you. Look up diagnostic code for ischemic heart disease, dc 7005. Compare your symptoms now with the criteria for the next bump in ratings. Get your doc to say that he has treated you, and review of your current baseline you have "X" (ex MEt=5) that would equate to the next higher level, etc. He doesn't have to have a dbq for an increase in ratings. He can have an electrocardiogram, etc. and report the findings. BS! If the form is current (not expired) the VA HAS to use it. Period!. I was at Long Binh 70-71. Some people I've met have gone back. I wouldn't have any interest in it at all. Once I got back to the states I told my wife, I am never leaving the good ole USA again. Welcome home to you brother.

DBQ's from you own doctors is medical ecidense. The form must be still valid, that is, not expired. They must consider ALL medical evidence, even if submitted on an expired DBQ BUT it may not be suitable for rating purposes. For example, if there is a comment section and the doctor adds evidence that he has obtained on evaluation, the have to consider it. It may not be a valuable as the examiner's remarks/findings, but it still has to be considered. Point is before the VA came out with pulling public DBQ's, you doc you'd fill out the DBQ and, if sufficient, you might not have to go to a VA C&P exam. They would use the one furnished. The VA doesn't want to do that anymore.

RO=Regional Office Peggy is 1-800-827-1000 the general info number you can call for claims questions. Don't put a lot of stock in Peggy's timeliness or accuracy however.

This is spot on. Buck hits on several points. You don't know what kind of day that doc or examiner had. Could be that they misunderstood you. Could be they didn't hear what you were really saying. Could be they wrote it up at the end of the day after several other veterans reviews and mixed it up with another's eval. Or, they might be a bad dude who doesn't like veterans. So what happened was they were confronted and back- tracked pronto. Buck probably helped countless other new veterans they saw because they didn't want more issues on their own performance record. And, the results were exactly what Buck wanted. A correction in his medical records. Lastly, make note that the record is amended but the original comments stay in your file. So if you have to refer to the corrected record be sure you have the complete records as your evidence. Otherwise a mistake could be made and they "find" just the uncorrected comments.

Brokensoldier244th A lot of meat on them there bones! Great read for veterans with OSA connected to overweight (NOT just obesity), which affects many of us. Particularly strong if you have musculoskeletal issues causing the weight gain. Most likely for a BVA decision at the minimum though. Doubt if it would be granted without appeal in most cases.

I would fire that MH provider. I would start with the Veterans Advocate and request thru him/her a new provider. State specifically what was wrong. There is a lot to be said for 63 Charlie's advise, if you can afford it. The main reason is if you are continuously seeking treatment, even from an outside source, you'll be ok providing you are submitting those treatment records to the VA system. If they aren't favorable, you don't down load them into ebenefits, but you have the option to go out and get a new provider who is on the same page with you. The main thing is you are in control.

Allan Eddy Well if you are really unhappy that there were inconsistencies in the exam, contact your RO and tell them why you believe your exam was in adequate and that you want a new one right away. Write down what was not asked or done depending on your disabilities and symptoms. They may have broken off your new disability claim and it is being evaluated separately, more than likely. Be specific in what they missed. For example, you went for an increase on your knee. The examiner didn't use a tool to examine your flex but just did a visual. You can't get a copy directly from the contractor. Once it is posted after 30 days, it is visable on VBMS for a VSO or lawyer to see. If you want to get a hard copy, you have to request your c-file or just the C&P exam by doing a FOIA request. Both actions will take months to do. Go to va.gov and look up the status of your claims. Or call Peggy and see if they didn't split them off; that is probably your situation as you have 2 types of claims.

OverMuch Your rating is not static, which means you are subject to "regular" re-evals. Nothing unusual and you should be alright provided you have been seeking treatment and seeking regular medical assistance. If you haven't been going to the VA but your own MH doctors, bring evidence and updates if you have any from your current docs with you. They may not look at them but if you have ebenefits, you should upload that info into the system; otherwise, how is the VA going to know? Since you went from 10% to 90%, that was a steep hike and they just want to be sure your symptoms haven't changed on you. If the results come back and you are downgraded, come back for assistance. In any case, be sure to go to the exam.

Congrats!!! Indeed!!!

Ranmic Are you scheduled for another session with that doctor soon? I think I would gos few sessions and see how that progresses and see what the professional thinks as it relates to symptoms and possible an increase in ratings. Many symptoms for depression are also found in other MH disabilities like PTSD. He may diagnose an additional issue. But if you feel that your symptoms are worse, go ahead and file is the advise most would suggest I would imagine.

Top G What Broncovet is saying is you need those 3 things to win for a service connected disability. In my opinion, you need to get S-C for CHD as secondary to the HTN you are disabled for. You need a doctor to say they are connected, not what you think or what would make common sense. It has a separate diagnostic code and, therefore, a separate disability for you. Your symptoms, including the stints and all are what you will be rated on after the heart surgery. You need an IMO and nexus from a heart doc to say they are related. Same for your eye. You need an IMO from a eye specialist that says your current issues are a direct result from the grenade. Nexus and IMO. Read up more on what makes a good IMO to win.

Congrats! Nice going, hanging in there!

So...what's your question?

Great posting by Broncovet

Simply stated, you have to wait for the decision letter; a week-10 days. It may mean, and I mean MAY, that the HLR agrees that they may have been and error on the date and is sending it back for review.