GBArmy

I was hoping you were't at a flat 90%; best of luck. Get that scheduler 100%!

0621usmc Not sure; what is your question???

Hi arizonavet85 A quick look at your dbq sure looks like you would meet "moderate" and therefore, a 20% rating. For something like that, where it seems black and white, I'd try HLR. No mystery about talking to them. Just have your facts when you talk and be sure they have (all the pages of) the dbq in your file. Happens a lot; I don't know if done on purpose or just bad work. But, I also see you are at 90% combined. You understand VA math correct? If it is exactly 90%, you realize you won't get much of a bump even at an increased disability of 20%? Even with bilateral, you may not make it. You should check your math. Of course, you have gone this far, so you should follow thru with an appeal. And it you have another disability or an increase you may get to 95% and therefore 100% in the future.

MKAH I'd like to know like we all would. But it is a dynamic situation and I think that there are admin changes, whether official or otherwise being made frequently. A work in progress, as they say. So if you get some reliable info from a RO or BVA office, it might be subject to change fairly quickly. My gut feeling is we undoubtedly are going to see some serious delays not only in medical care but in Benefits especially. Hopefully not.

dodger There is no special form at least, that I could find. Simply start tracking the date and time of the headache, how long it lasts, some description , if you took any meds for it and, if you had to prostrate or lay down in a dark room. If so, for how long. Record every event, including several times a day if it happens. Give a copy to your doc, and include it in your lay statement (statement in support of a claim.) It is critical because lay evidence is the only way it can be documented.

Sorry derenick52, I can't read it. If you think you do have a favorable diagnosis, appeal it. If you don't have one, then get an IMO and dbq from an independent doc. and submit a supplemental claim. 30% would probably be worth the investment to you. 50% certainly would, IMHO.

If you can't find a form, just download it to your claim. Be sure it goes to the RO first. They very well might re-schedule another C&P quickly. It is a serious accusation you are making.

30% Sorry that they did this to you; too bad you couldn't have done what AllTheWay said. I'd like to add this, however. If this just happened I would call the RO's office and ask to speak to the manager who does the scheduling for C&P's. I would tell him/her exactly what happened, in very good detail. I would then tell him you request another C&P with a competent examiner. Say you are requesting the new exam for two reasons: first, to alert the RO that this examiner is doing harm to disabled veterans by making veterans harm themselves and to correct him by retairining. Second, you fully expect that the recordings he took during your exam did not represent what your pain threshold is and therefore, what yiour accurate conditions are. IMO, your ratings from the exam will be lower because you didn't have a truly accurate picture. In other words, you have nothing to lose.

63Charlie That's bad news. Any indication of what the breach was? Who sent the info?

derenick52 As Broncovet indicated to win a disability claim you need those 3 elements. You need a doctor to to review all your in-service and other treatment medical records and opine that asbestos is in your lungs and is the cause of respiratory illness. You have to appeal or submit a new claim depending when you received your decision letter. It would help if you copied their decision (redact your personal info, like name,ssn, etc.) The doc's info would be new info, so you may want to do a supplemental claim. The doc has to state that based on the records review, including xrays etc., the foreign matter has been determined to be asbestos and it has been in place probably a long time (ex. X years, which would correspond to when you were in the Navy.) He further has to say that in his medical/professional opinion, based on (medical journal/articles that he lists, that it caused your illness.)Buddy letters and additional info would help establish that there were asbestos dust all over. Your buddy died from it, etc. Diagnostic Code 6833 probably applies. Do you have a numerical value of FVC score from some of your testing? A FVC score of 50-64 would result in a VA rating if you won of 60%, so the VA is not inclined to just hand out these disabilities too easily. You probably have a case, but you need to tie things together.

Fat Yes, but of course you have to check them out. Try to get recommendations from your buddies on who to check out. Ask why they think they were any good. Then ask him some good questions specifically on your claim and what you want to accomplish. I always say some are better than others; some are really better than others. Be sure they have a VBMS access also; if they ask what that is, head for the door. Just because a VSO is certified doesn't mean he is really going to be of any help to you.

1navyman Question is did you use an attorney? If not, send it back that you don't: not applicable. If it goes to the claims center, fax it and save a copy of the confirmation. Or mail it, registered and keep the receipt. You could call Peggy, but pretty uncertain you will get a reliable response on this one. I do agree with Bronc's advise, though. It is an indication you have a favorable decision coming. Have to wait for the decision letter though. Peggy won't tell you anything on that either.

I agree 100% with Shrek; file now. Do you have any side affects from meds the VA is prescribing for IBS. If you take meds, look up their cautions on Google; if you do have some symptoms, include those as disabilities as well. It would be helpful if you talked to your doc and ask, hey doc, does this xxx drug cause my xyz issues or at least contribute to those conditions? If the doc says yes, then ask him to put it in your process/procedure notes. Add that to you claim as well as a medical issue/journal that says the same.

Treymon You have to get a new VSO that cares. You need one that has VBMS availability. I don't know your States's set up, but you may have a county VSO which would be a choice. Or, you could go to your regional Office an get a new one there. Explain and say you just need someone to be responsive. If you're partial to VFW, you could see what they could do for you, or you could chose another. Don't worry about hurting someone's feelings; this is your disabilities you are trying to get benefits for. The new VSO does the paperwork for you so you don't have 2 VSO's. Don't delay.

thanks, lawbro. And congrats!

Raceebc Prep for decision can be in limbo for weeks; it isn't always accurate. It can go back to eval evidence, etc. Believe me, a week or two is regular occurence. You could call Peggy, but I seriously doubt they will provide any more up to date status

I'm beginning to think that the health issue may be more real than first thought. Here's a different slant I received from a medical professional.

I've used what the tech told me when I got the CPAP; distilled water. Like Vync said, because of the minerals in our well water, and we do have a lot. But now I will pick up a few gallons next time at Walmart when I go. There shouldn't be any scarcity, but go figure.

I agree with Buck completely. If a veteran is rated 90% scheduler, he or she has a lot of bad stuff to deal with in just about every case. The VA should provide that the rater evaluate for the 100% TDIU when they get to 90%. Let the veteran decide if they want the TDIU rating. Some won't; they will want to still work. But many at 90% are in a world of hurt, can work anyway and sure could use the grant money.

morganpam Congrats!!! U done good!

Hucast21 Sounds like they are telling you something, doesn't it. Nope. Doesn't mean anything. Not knowing anything at all about your claim, I'd recommend on checking it not more than once a day for a week or two. Then have your attorney check again.I assume he/she has VBMS and can see your file being developed. Or call Peggy once a week. Could be a long time. Sorry

Richard1954 I am sorry to hear the sad news too. As usual, you offer sound advise; guys get it checked. Ramp up all the quality time with your wife and family and those you love. Wish you the best.

Shrek Amazing! I'm about as ignorant as the next guy when it comes to mental health and treatment, but even a smuck like me knows you can't CURE PTSD! And this was a Phd. You did what I hope everyone reading your post would also do; got another doc who actually knows a little.Too often, when we get a doc that isn't on the same page, veterans just give up and don't go for treatment. There are competent medical people at the VA; but sometimes we have to work to get hooked up with them. I had a terrific GP at the VA for 7 years,; still miss her. Again, amazing!

Bronc An even more common example, and there are many, is hearing aides. If you are rated for a hearing disability, and then they issue hearing aides to you, they don't then reduce your rating because of the hearing aides assistance. Wouldn't make sense.

Hamslice to me, it is straight forward. The difference between a combined rating of 90% and 100% is like $1200 a month. You're a smart guy and this isn't your first rodeo, so you now have the knowledge to determine whether or not you have the 3 elements for a successful claim. You also know that there are dbq (s) involved, and if you are totally objective, you can eval your current symptoms to determine if those symptoms will get you that additional 40% and therefore, 100% scheduler. If you meet those, the only thing stopping you is getting a IMO/IME from Dr. Ellis or whoever. I don't know what it would cost, but I don't expect he does this for free. Say it costs you $6K; is that a reasonable investment to get to 100%? I would think so; even if you had to borrow it, you'd be paid off in 6 months. There are no guarantees, but these experts have a reputation to keep. They aren't likely to give you a package that doesn't have a fair shot at winning. One other thing: he can look at your current disabilities and maybe you will tell him you have something wrong that you never even thought to consider as a secondary. Some of these experts are really good at this diagnosis stuff. And/or he will eval your current disabilities and suggest you now meet a higher rating for an existing disability. Have the consult with him and make your decision. It is very hard as you know to get t0 100 all by yourself. You know it's like pulling teeth to get that last 10% from the VA. They fight like hell to deny. Wish you luck.