Dustoff1970

In recent years I have had excellent results with QTC. Thanks to their C&P examiners and my medical evidence plus my own strong arguments in my claims I received a 60% rating for GERD, 10% for Tinnitus and 0 % for Hypertension. They readily accepted my written documents I presented to them including my own statements of my symptoms, exposure to Vietnam combat in 70, etc., etc. They actually reviewed my documents and then returned to me and very soon after I received the favorable decisions from the VARO raters without my having to appeal anything. There of course was extensive 45 years of medical history and other evidence in my VA C-File and SMRs plus VA and private medicals records available to them and the VA raters. My comment is not legal advice as I am not a lawyer, paralegal or VSO. 100% P&T with SMC-S and P&T TDIU from 1998 to 2022.

It is possible the VA raters saw no evidence of a stressor event/s in your SMRs or 201 file or DD214 and therefore did not order a C&P exam and simply denied your claim. It is also possible you have or can get evidence of a stressor event/s while you were in service. Maybe you saw a private doctor after the event for treatment, therapy, medications ????., etc. The above comments are most helpful to your claim situation. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

My 26 year TDIU due to 70% PTSD was and is protected under the 5, 10 and 20 year rule from the date it was granted/awarded by VA raters in 1998 (date I filed the claim for PTSD and TDIU combined). My TDIU was made P&T in 2000 at my written request with strong arguments due to previous PTSD ratings from 1985 to 91 plus other contentions I stated on my behalf. So the designation of your TDIU as P&T does not restart the clock on your original TDIU award date for the above protected rule. So you are good to go just like me. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

As said in above comments the doctor's or specialist nexus letter with a detailed explanation of why he/she believes your Ed is secondary to and/or aggravated by other serviced connected mental or physical condition/s and strong VA medications is important and my Doctor's nexus opinions for Sleep Apnea due to PTSD and for AO heart disease increase also included a list of other medical studies results references. I won both appeals due to my solid medical evidence, his nexus opinions and my strong contentions I made on my behalf including citing previous similar court and BVA cases. Last, I also included my own other medical studies from reputable medical research institutes supporting my contentions. For added measure I also included CAVC court cases and BVA decisions similar to my situations that granted the vet their appealed claims. Doesn't hurt a thing. Works for me and extra work well worth it. It was fun for me. Except for recent favorable decisions for my GERD, Tinnitus and Hypertension claims the VARO raters denied my other claims for Sleep Apnea and heart disease increase and the BVA then granted these claims on the very same evidence that the VA raters and biased C&P examiner said was not sufficient. Be prepared to appeal to BVA a VA denial. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Many vets receive sc for Ed as due to or secondary to their sc ptsd or depression and caused by VA strong medications for their mh condition/s. You need to make this statement with copies of your prescriptions. A doctors medical nexus letter saying this with his explaination is extremely important to win a claim or bva appeal. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

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For a great many years since 1998 I was rated P&T TDIU due to a single 70% PTSD rating. Around 2014 to 2016 I received a 30% rating for Vietnam Agent Orange Heart disease. Then on December 2021 I received a 50% OSA Sleep Apnea with CPAP rating that gave me a combined VA rating of 90 to 92% (VA math) with TDIU and the BVA also granted me automatically SMC-S with backpay to 2017 due to these additional ratings qualifying for SMC-S. I was diagnosed with OSA Sleep Apnea in Sept of 2017 and filed my OSA claim on December 6, 2017 and the effective date of my Claim and automatic SMC-S award was December and not September.

NORMALLY is the later of the two dates that is claim file date or date condition worsened. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

A few years ago my VARO claim denial decision said I could not appeal via another HLR because the denial decision was due to my just completed HLR review. So I had to file a supplemental or appeal to the BVA. I did appeal to the BVA and won. For me HLR reviews are a waster of time.

The non profit NOVA group of attorneys and advocates provide free pro bona attorney representations for vets in some instances and has a very good reputation. Consultations are free so is good starting point. I have in my non digital files somewhere a list of highly rated private tort attorneys that I copied from an Attorney's directory of specialty lawyers in 2001 or 03 at the Austin, Texas UT law library. You can now find this info online and not have to go to any law library. In those days the list of highly rated federal medical malpractice tort attorneys was short. No reply necessary.

An experienced motivated attorney could file separate tort claims against both the VA and treating doctor/s to cover all basis. Not much extra paperwork involved and this would provide more information in the evidence discovery process. The court perhaps would throw out the one that was not applicable. Just a thought but I have used this all options method to successfully file disability claims since 1998. You might ask your attorney about this during initial consultation. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

I only read first few sentences but here is some info on FTCA malpractice tort claims. I suggest you find an experienced veterans or tort claims attorneys. You can contact the NOVA group (National Association of Veterans Attorneys) that can recommend someone like Ken Carpenter of Carpenter LLC to assist you. I believe there is time limit on filing a federal tort claim and it is two years from date the malpractice/injury occurred or the date the injury became evident/known to the patient. I have had experience filing a VA Section 1151 Injury claim so can provide more info on this. The next paragraphs in quote are from a former senior VA DRO rater/adjudicator. " "A tort claim is the first step you must take before you can file a lawsuit. It is not a process within the VA disability claims process and folks like raters and DROs aren't involved. In fact, the claims folks at your VA Regional Office won't even know that you have filed a tort claim. Assuming that your attorney is familiar with tort claims, he/she should be able to fully explain the process to you; but I'll give it a shot. As part of your claim you were required to explain in detail the negligence/malpractice that you think that the VA medical personnel committed and how much money you are requesting to make things right; or at least make you go away. The government attorneys then have six months in which to respond to your claim. That response will be with one of three options they have. The first option is to grant your claim and cut you a check for however much you said that you wanted. It happens, but you probably shouldn't hold your breath waiting on this one. The second option they have available is to deny your claim outright. The third option is to offer a settlement, an amount that is less than what your wanted but hopefully (from their standpoint) enough to make you go away. Obviously if they offer option one you get what you wanted and it's over. If they offer option two you have six months to file a lawsuit in federal court if you choose to pursue this further. At this point going to court is going to make your attorney work meaning that you will most likely get good advice from your attorney about whether or not you should continue since few attorneys are going to want to invest the time and money into a court case unless they think that they have a reasonable shot at winning. Again, this isn't like filing a VA claim. It's federal court where the attorney must write briefs and pay filing fees among other things not to mention the time spent in court. Finally if you are offered option three you must decide if you want to accept what is offered or reject it and file a lawsuit in federal court gambling that you can get more in a trial. The downside is that you could end up with nothing if you reject the offer and then lose at trial. It is important to note that if you do reject a settlement offer the fact that you were offered a settlement will never be mentioned again. The judge won't know and you can't tell him/her. It will be like it never happened. By having an attorney at the tort filing stage as opposed to doing it yourself you have probably increased the chance that they will offer a settlement, assuming that you have a case with at least some merit.. Attorneys don't like to go to court. This applies to both your attorney and the government attorneys. If they think that they can get our reasonably cheap by writing you a check for less than what it would cost them to go to court (even if they are certain that they would win in court), they will often do that since they are first and foremost looking to do whatever will be the most financially beneficial course of action for the government". My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Ken Dillon was your ETs directly service connected or service connected secondary/due to another service connected medical condition and were you treated in service for essential or any tremors??? I ask this question because I was diagnosed as having benign essential tremors by private doctor and placed on medication Primidone now for 5 years.

Sounds like your condition may have worsened and therefore you can file for an increase by providing current or recent medical evidence such as doctor's or medical specialist diagnosis, or treatment notes, medications, etc of your worsened condition. As they did with me the VA may even accept non recent treatment notes and diagnosis of your surgeries, etc. VA has already recognized and service connected you at 0% so this is a very good start. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

As a follow up to my first comment it would also be helpful to provide photo copies only of any photos you have showing you manhandling heavy loads inside or near the ramp (outside) as a active load master. However, the above mentioned medical evidence is most important for you to stand a chance of winning a claim. An accredited DAV, VFR, Legion, etc. VSO found at a VA regional office can be of great assist in your claim/s. They charge nothing to vets and you do not have to be a member of any of their organizations. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

If you received no type of in service treatment or medications for your knee problems then this is a tough nut to crack. However if you have or get a current diagnosis and/or medical treatment notes from a doctor or medical specialist describing you knee injury symptoms and if you can convince the doctor to write a nexus opinion statement that he/she believes your knee medical issues are a direct result of your service as an AF load master in service then this would be a tremendous help to you. Also submit any buddy statements you can attesting to your duties as a load master and they witnessing your injury and pain from such injury. Family member statement can be of some benefit. You will have to file a new claim or a supplemental claim with new evidence to the VARO VA raters and submit copies of all the above plus any service records listing your military occupational specialty (MOS). The VA probably already has all this on file from your previous claim. If this is a new reopened claim then you will have to use VA Form 21-526EZ. The Supplemental claim form for new evidence is VA form 20-0995 and must be filed within one year from date of your denial letter from VA. Do not volunteer any information to the C&P examiner such as you are doing just fine and you can run on your knee/leg. That is just plain stupid. Good luck. Others will be along soon with more advice. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

If GERD is on the GW Presumptive list and you have a current diagnosis from a doctor or medical specialist for GERD or you have medical treatment notes and/or medical prescriptions for GERD symptoms then you should file for it on VA Form 21-526EZ. If it is on the list then you do not need a doctors statement/nexus opinion that your GERD is due to your service in the GULF War theater. However such a statement or note would be additional helpful evidence but is not necessary. If your Service medical records (SMRs) show you were treated for GERD symptoms in service then this is an additional pudding or icing on the cake. Get copies of all of the above if you can and make more copies and send only copies with your GERD claim. I was recently and quickly awarded a GERD rating at 60% due to/caused by my long term Vietnam PTSD and the VA raters use the Hie tel Hernia Diagnostic Code like this "GERD does not have its own diagnostic code. But hiatal hernia ((7346) symptoms are very closely related to GERD. So when GERD is rated, it’s given dc 7399-7346. 7399 means it’s an analogous digestive condition" I have also received 60% for Ischemic Heart disease due to Nam Agent Orange exposure and also Hypertension (HTN) service connection due to AO. Both of these were on the Agent Orange presumptive list with HTN being on the PACT ACT presumptive list and all I needed was a diagnosis of both conditions and my Army records the VA had proved I served in the country of Vietnam during the war. No doctors medical nexus opinion was needed. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

T Bird like me you learned to cope and be productive for yourself many years ago but as a wise owl once said that PTSD is forever sadness. However, over the years I learned to avoid certain types of people and situations and engage in outdoor activities when I can such as fishing, camping and hiking, etc. This is the advice I give to other vets with MH issues. Take your mind off of the past tragic events by doing enjoyable things like T Bird and I have done. It works for me now since 1985. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

In addition to not saying something stupid like "I am fine" it is important to explain how your PTSD disrupts and negatively impacts every aspect of your life such as employment, family and friends, associates negative interactions, sleep disturbance, nightmares, bad dreams, flash backs to the stressor/s events, negative effect on your overall health to include depression, OCD, anxiety and panic attacks, paranoid feelings plus withdraw from society and things that used to give you pleasure and recreation, etc., etc. List any over the counter medications you take to help you cope with your PTSD symptoms such as sleeping pills, Saint Johns Wort, alcohol consumption more than normal to help you sleep, etc. Take copies of any and all medicine prescriptions and MH treatment notes. from any source for your PTSD, depression, etc. In 1998 I did all of the above and then some such as statements from family, friends, associates about my PTSD symptoms and adverse relations with them and I put everything in writing and gave it to the VA C&P examiner who was a Dr of Clinical Psychology for the VA hospital MH ward. He kept my written statements and copies I gave him for his 9 page PTSD write up approving my severe PTSD symptoms. I also submitted the very same written information with my PTSD and TDIU claim to the VARO VA raters. In a very short period of time I received 70% for PTSD and a TDIU rating with some years of back pay. Any one who tells you this is an unnecessary waste of time and not to do it is full of BS and no friend of yours. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Sounds like you will have to ask for HLR review with no new evidence or appeal to the BVA. You could create new evidence by finding yet another doctor to say your sleep problems are due to your MH issue and thus get a new rating for insomnia or increase in your MH rating. New evidence requires a Supplemental Claim and not HLR. However, this will conflict with the other doctor's linkage of insomnia to Tinnitus that is on file with the VA raters.. Sounds like a tough nut to crack. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Congratulations. However, never volunteer any unnecessary information to the VBN VARO raters or even health care professionals unless absolutely needed by them such as no need for further health appointments. I have been using both full VA and medicare plus private AARP/United health insurance for over 20 years and would not foreclose on any health care options as I may loose my private health coverage and would have to rely on VA for everything. This is just common practical sense. Even tho you have reached the 5 year mark continue on with your medical treatment and medications for your service connected conditions as it is not uncommon for VA raters to still order up a revaluation C&P exam of your conditions. Keep copies of all medication prescriptions and medical treatment notes and diagnosis. You may need them to prevent a possible future reduction proposal. This is just wise and has worked for me since 1998. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Girl you have set some type of hard earned record and beat VBN out as they claim to be 20 years old. Big congratulations to you. What can we do to get Hadit listed first in the search results on Google, Edge, etc.????

At the very least you will need a doctor's note or diagnosis saying you are in need of A&A and basically housebound due to your service or non service connected medical condition. They should explain in detail your medical condition and why they believe you need A&A. Are you applying for non service or service connected A&A??? Not enough info. Others will come along soon with more assistance. If you can find an experienced and accredited DAV, VFW, Legion VSO at a VA regional office to help you then this may help. Their services are free and you do not have to be a member of any of the organizations. They can do everything by phone, fax and email, etc. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Until my recent retroactive 100% P&T scheduler rating with SMC-S award, I was rated for over 25 years with P&T TDIU due to a single 70% PTSD rating. According to both present and former senior VA raters (DROs) our TDIU and my 70% PTSD rating is most definitely protected under the 20 year rule unless fraud was committed. During their careers adjudicating disability claims they confirmed with higher up more senior VA raters and attorneys that a TDIU rating is considered a protected 20 year rating according to 38 U.S. Code and 38 CFR and TDIU meets the definition of a rating. All is good now. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

If the request for increase is on a separate medical issue, then the VARO raters may consider it as a separate claim from the FDC and this should not delay your increase claim. However there is always a however and others with a similar experience may add their opinions here for you. My comment is not legal advice as I am not a lawyer, paralegal or VSO.