GBArmy

Kuwaitin08 Conrats! Nice. 90% ain't easy. 100% is better but not that easy at scheduler. Don't be discouraged but be pumped! SA is not easy to get on the first go round either. With 2 others pending, get your decision to determine next step. SA could get you a 50% if you won that on appeal; do your VA math. If you won that, would that get you to 95% and therefore 100%, or would you round down to 90%. You also have the other two pending decisions too. Get more facts to figure your next steps. Again, nice job.

Ranmic Since you are already s-c for both Tinnitus and hearing, you would need to get a nexus from psych doc to connected MH (Mental Health) issue as secondary to the hearing/tinnitus. If you believe you do "check out" or avoid that social stuff, you should get yourself evaluated. See if you have any of the other symptoms and your own research. Start here http://www.militarydisabilitymadeeasy.com/mentaldisorders.html The VA will evaluate you but if you have a diagnosis from a psychologist, it otten can result in a rating by the VA as well. You don't have to have all the symptoms; the ones they spike out are "typical." Hey, if you are affected, get a disability for it. Check it out.

Some of what we described can actually result in a MH condition for depression/anxiety. Tinnitus and/or hearing loss can make you not want to socialize and be alone. You can't hear anything at a crowded room or anywhere where there is a lot of people close by. It affects personal relationships. You don't respond to someone and they think you're an odd ball, or, worse yet, you mis-hear what is said and respond wrong. To avoid that stuff, you cut back on interactions with people. A MH disability can definately be secondary to tinnitus and hearing.

Ranmic I have hearing and tinnitus; had hearing aides now for about 4-5 years. At the time they didn't have hearing aides that helped neutralize the tinnitus problem, so I can't say a lot about it. And my tinnitus isn't constant, all day long; just comes and goes so I'm not sure I would be a good candidate for it anyway. You can ask for them in believe 3 years after you were first given VA issued hearing aides if you don't get them initially. I'm not sure about your hearing though. Do you have a hearing disability also, or just tinnitus as being rated? If not, put in a claim for it. Having an already disability approved for tinnitus, which of course is a seperate disability, doesnn't hurt. I agree with Buck; they have a very good program and if you are rated, it is free.

We wish everyone a safe Memorial Day today. A reminder that even though it's not like past Memorial Days with parades and picnics and all, don't forget to take time to remember what this day is. Maybe you won't but it is also necessary to set examples for others, especially youngsters. Be well and enjoy the day.

Ronnieusmc0311 I would not bother with HLR. I would go BVA. If you think you want to get additional medical evidence regarding the nexus, apply with additional evidence. Otherwise, you are saying the VA simply isn't giving adequate weight to your evidence.If you choose additional, get a specialist's opinion to support your PCP. The rational should state specifically what medical articles/findings you are referencing and include them in your appeal, rather than just say "it is well known from literature." In other words, give it to them on a silver platter. I believe you have a good shot, IMHO. Certainly worth a try.

The advise given seems to me to be right on. The VA WILL do what it wants to do. That said, if the decision comes down and it isn't adequate, you certainly could appeal. If you get what you deserve I'm not sure I would bother, but that is up to you. If you want to do the back check, there may be guidance in their M21-1 manual. I'll bet there is conflicting directions so they can do it if they want. Or, you know, "may" instead of "shall" kinda thing.

Backpay I totally agree with Pacmanx1 and your your Rep. 6 years is a long time and it is quite possible your symptoms have changed and possibly gotten worse since. To adequately rate you I don't see a lot of situations where a new, updated exam wouldn't be in order. As for the VA doing exams during the caronavirus, there has been plenty of discussion on other posts about that. Not yet.

Basically, I think the reason the examiner doesn't do the rating is they are doctors or at least medical people. Some are pretty sharp; if a doctor got a medical degree even from Podunk University they aren't stupid. But it is about layers; the more people that share in the decision process, the harder it is to put the blame on incompetency. So, if you start becoming more efficient by eliminating how many people touch a claim, you're going to make it a lot easier to determine who keeps making mistakes. In addition, I also believe that by and large doctors don't like the admin stuff, just the medical stuff. I think it would be even harder to get doctors employed if you increased their admin stuff. IMHO

sgt. wilky Not a stupid question; sometimes we have to go back to basics on some of the shortcuts we use here so newer veterans can catch up. Peggy is the VA claims/ catch-all for asking questions. 1-800--827-1000. Don't call first thing in the morning or at lunch time. I usually have luck at about 11:00 A.M. or 3:00 P.M. and typically I'm on hold maybe 5 minutes. Otherwise, be prepared for waiting a long time. As for the accuracy or value of the info provided, it is really all over the place, ranging from really poor to once in a while very helpful. The good ones almost always seem to be disabled veterans themselves who have been there, done that.

SPO What a C&P examiner is SUPPOSED to do is to review and evaluate ALL the evidence concerning your disability. However, the VA has been known to lose or not consider some. It is out of your hands until you get a decision letter. Good luck.

It is going to be phased in in steps. At the present time no in-person C&P's are being done yet. The VA has released some exams to be done if they can be adequately eval by what is in your file already. I had one 2 weeks ago and although I was told to sit by for a call if needed, nothing came in. These exams are called ACE and if the examiner putting the data together in your C&P finds that they can't complete it without further (in-person) evidence, they are supposed to kick it back to the VA. A lot of these ACE exams have been done recently, but it is too early to say whether or not they work or not in the veterans' favor.

That is interesting. And as you say, the more options there are, the more likelihood that the process won't get bogged down. There is enough stops/delays for the different steps in each claim process as it is, we don't need any added on.

Broken Does it appear to be a particular type of in-house C&P, like MH, or across the board. It may be variable from one VAMC to another also depending on available resources, et.?

Shrek know a lot about MH. Follow his advise and ask questions as you go if you are unsure. It isn't easy, but if you keepat it, you can win and get help also. Good luck.

Hi Chuck I agree with kanewnut, but it isn't going to be easy. The VA recognizes 14 presumptive; there are 4 more hopefully in the near future. They seem to have blinders on on approving any additional connections with AO. You have to do a LOT of homework to do this. You have to read a lot of sources on medical eval concerning the disease and any connection to chemicals, especially dioxins. If you have a specialist, start with them and ask where can you get research on the disease. Get medical journals and research articles and contact the authors and see what you can get out of them. They may know another guy who may know of a study, etc. Then, once you get a good supporting study, you have to get a specialist to write an IMO that will back it up as it relates to your disability. I truly wish you God's speed on it; good luck.

Sounds kinda simple. But I know one thing , to get back pay difference between 10-80% going back some 26 years is not going to be simple. There are a lot of loop holes my little mind can't imagine. The VA's suits are going to fight hard to hang onto that pile of cash. I hope you have a good lawyer for EED. Wish you the best of luck brother.

Ronnie It is very important that she "dumbs it down", seriously. The VA is always looking to prevent a veteran from getting into the 100 club, so make it really clear.You want a medical opinion that says she has treated you for ...(time).; she has observed a deteriation of ....(new condition) as witnessed by ...(medical records, mri' xrays, etc.) that in her medical opinion based on years of experience and observation, that the ...(technical parts) are at least as likely as not been caused by ...(service-connected disability.) If she is Board Certified she should state those facts and include her Curriculum Vitae, which is her education, clinical study, any residence she did, where she has worked as a doc, published articles if any, etc. My advise is do a rough draft for her so she has a guideline to follow and offer to pay her a fee ($100.00?, or whatever) for her professional opinion. Also, emphasize that without her documentation and help, it will most likely result in a denial of your sought after disability which will result in significant financial loss to you. I'm not saying this is going to work, but it has a much better chance that what you have now.

1454th Soldier If your rating is less than 30%, then you do not receive additional comp for any dependents. Once you get the bump, as long as you have input the info, the VA will include it in your comp grant. So if you go to ebenefits prior to the increase of 30%, it isn't going to show because it doesn't apply (yet.) If you did, it should show with your award. If not, request a response from IRIS or call Peggy.

ronnieusmc0311 Well it doesn't sound good, I admit. Don't see the reason why a rep would have a dialog with you and then set you up impling a denial. But they really aren't supposed to tell you anything before you get your letter. In any case , you have to see what is in your letter for your next move, as pacmanx1 suggests. It could be supplemental or, BVA. Personnally, I doubt HLR would work, but then I haven't seen the denial letter either. As long as you keep within 1 year, no need for an intent to file; not needed. What happened in the process, going back and forth isn't so unusual. Happens a lot and ebenefits isn't reliable anyway on reporting status, so it is what it is. Get your letter. On your back issues, yes it is supplemental for an increase, and also if you were denied once before. Just remember, you need medical evidence from a doc that they are service connected. Once you get a denial on something, you need new evidence from a doc, not your opinion, that it is "at least as likely as not" s-c, and why. So you want your specialist to have rationale that your condition is related to your L5s1, since that was already shot down.

Sadly, way too many of us have been there, done that. And it just repeats. If the first gut misses key evidence, even if you point it out on appeal, the VA just rubber stamps the original decision. Why? I don't know but it absolutely happens. Grrrr.

Buck A long shot but have you kept up with any of your guys in the Company? It's possible they would have either witnessed either your accident or your condition while in the barracks. If you have, contact and ask them if they remember it. Maybe a Buddy letter could work along with an arthropedic opinion on how long you have had the injury .Bad knees often lead to wheelchair transportation someday. SMC?

Buck you're a good grandpa, and fortunately, your grand son listened to you.If I'm working at a place wher people are asking questions about the VA, if they have someone in the service, I tell them the exact same thing. And, it isn't the same as when we were in. It's isn't looked down upon now if you go to medical; it's no big deal. And that's a good thing.

Yes, it is positive news. MH disabilities are all rated under the same criteria, so it doesn't matter what they define it as long as you get the proper rating for all your symptoms.

Well, it sure beats a stick in the eye! It is fast, but, i'm sorry, I'd believe it when you finally get it in hand.