Hucast21

I wish you godspeed in your claim. If you are from Florida, I assume your claim was filed at the St. Petersburg RO. If so, I share your pain. I cannot stand that RO.

Sometimes it takes an IMO even with an increase and especially for secondary issues. I know how you feel though about a part of the country not friendly to veterans. I know other corpsman who I met during my military service that are also 100% but their home state is California or Hawai’i. This is why I moved to California from Florida because if I were to file another claim in the future, it will not go to St. Petersburg, Florida. Florida has great benefits if you are 100% P&T but good luck trying to get there if you’re filing in Florida.

The original you put in a few months ago, so the RO in Arizona.

Your file will be read by a rater where your original claim was filed at your RO.

Then most likely a HLR is not going to do anything and the VA will continue denying service-connection. I hope I am wrong and I would be happy if I am. The rater for my claim denied service-connection for my disabilities and sided with the unfavorable C&P exam from an NP over an IMO from a board-certified specialist. I didn’t know if I should have laughed or cried when I read the SOC.

It really depends on the regional office and whoever is looking at your claim. My RO is St. Petersburg, who are notorious for not doing their job. Granted, I know Florida has the third-highest veteran population in the country, and the VA staff might be under staffed and overworked, but that is not an excuse to totally disregard your own CFR’s in rating disabilities and/or overlook strong probative evidence in the veteran’s favor.

Well, if you do get denied again, I would seek representation from a well-known law firm. Depending on how strong your claim is, you might get a law firm that would upfront the cost of an IMO, which you would pay back from your retro. More often than not, claims are won at the BVA level in my opinion. At least at the BVA, a veterans law judge (VLJ) will look at all of your evidence in your C-file.

I agree broncovet. I am also in the process of getting a vocational rehabilitation assessment from a vocational expert. I’m putting everything into this BVA hearing until I win. An unfavorable C&P exam by a NP should never trump an IMO from a board-certified specialist but it does with the VA if they want to fight you tooth and nail like you stated. Veterans should not have to go before the BVA to get justice, but this is the game the VA wants us to play.

I would always seek representation at the BVA level. Also, I can attest to broncovet’s opinion of Hill & Ponton as I am represented by them. Hill & Ponton will upfront the cost of an IMO if they feel your case is very strong. The IMO will be paid out of your retro. Godspeed to you Galen Rogers.

I would personally seek representation from a well-known law firm. My DRO was denied once again after the rater gave more probative weight with the unfavorable C&P exam from a NP over an IMO from a board-certified specialist. The rater just regurgitated the same denial reason as before, while also not apply the correct CFR for rating migraines. Also, the NP stated the migraines I experienced in the military was acute only but I have clear documentation that it was not. I find it ironic how I only had ONE complaint of knee pain during my military service and yet a favorable C&P exam gave me service-connection. The adversarial nature of the VA is apparent in my eyes. Seek representation if you truly feel that you have clear evidence for your claim.

Congrats GBArmy!

I agree because what you quoted makes no sense logically. You would need services from a vocational expert to render you favorable decision in my opinion. It seems the VA can be very shady when it comes to claims but that gets washed at the BVA level. SSA (from all accounts I have read) is entirely a different beast even if a veteran has a 100% P&T rating.

From what I have read and researched, a vocational rehabilitation assessment from a vocational expert can be the determinant for SSDI.

I will win. It’s just that I can’t believe the VA does not even use their own CFR’s correctly. This is from my SOC: ”The examiner noted chronic migraines are defined as 15 or more headache days per month for more than three months. The examiner noted the medical record is silent and does not support a chronic migraine diagnosis.” This is total bs and blatant denial because this is the CFR for rating migraines: 8100 Migraine: With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability 50 With characteristic prostrating attacks occurring on an average once a month over last several months 30 With characteristic prostrating attacks averaging one in 2 months over last several months 10 With less frequent attacks 0 My SMRs and VA treatment records show my migraines are on a weekly basis and the only treatment is laying down in a dark room (I have many more instances of sick call in the military, the attached image is just one example). How in good conscience can you do this to a veteran is beyond me. Doubt has crept in and I know at the BVA level all evidence are examined but I still have doubts. Also, the rater disregarded my IME w/IMO from a board-certified specialist has “telehealth.” I truly wonder what goes through the mind of a rater.

I wish you godspeed. This what I am worried about myself: if I win at the BVA, my claim will be over 3 years by then with 100% TDIU.

I figured. I know a veteran who is 32 that is not service-connected but has SSDI. He basically doesn’t shower and forgoes basic hygiene. He too, was denied at first but won his appeal. I was thinking of obtaining a voc rehab letter before I apply for SSDI.

Hi Hadit members! I have a question for folks who have SSDI: how hard is it to get? I have read information about SSDI stating it is harder to get vs VA disability, especially if the person applying for it is under 40. Any feedback will be greatly appreciated.

The VA used two old unfavorable C&P exams from 2018 to continue denying service-connection for my disabilities. Will the VA do virtual C&P exams because of COVID-19? That would be nice.

You would have to appeal to the BVA for an effective earlier date. At the VARO level, in my experience, it seems the RO just overlooks strong probative evidence that are in the veteran’s favor. I will give you an example of the buffoonery of the VA: I filed a claim in 2018 for migraines, depression, and other contentions. I was diagnosed with migraines and depression and treated for both during my last two years of enlistment. Got out of the military and continued receiving treatment for migraines and depression. Had a VA neurologist diagnose me with intractable migraines, and a VA psychiatrist diagnose me with major depressive disorder. My claim was denied because of an unfavorable C&P exam from an NP and a psychologist. Filed a NOD in late 2018. I found representation, and submitted an IME w/IMO from a board-certified specialist as evidence. Was again denied in March, and now my case goes before the BVA. Luckily, at the BVA, all evidence will be considered.

From what I’ve read, the VA is correct. You first filed your sleep apnea claim in 2008 and was denied. By letting the decision pass the one year mark (without appealing), the 2008 decision became final. You then opened another sleep apnea claim in December 29, 2017 and was granted service-connection. The BVA can only give retro pay back to the 2017 claim, not the 2008. You voiced misunderstandings of the appeals process but this not a valid excuse in the eyes of the law. I am not a lawyer (IANAL), but I think you would need an IMO stating you had symptoms of sleep apnea that was apparent in 2008.

So true on the last paragraph. I didn’t have to pay for my IMO, but many others had and it shouldn’t be that way. But we all have to play by VA rules and continue going on the hamster wheel until we win.

The other forum seems more pro VA than veteran. I can understand that VA and its staff are overloaded and overworked, but when us veterans have an in-service incident/illness in our SMR’s, current diagnosis from a VA doctor, and VA records showing continuing treatment and still be denied because of an unfavorable C&P exam from VA providers or contractors (which is a conflict of interest). It begs the question if the VA is truly non-adversarial. Frankly, from my experience, the VA is the definition of adversarial. The VA does not even follow its own CFR’s and picks and chooses when & where to apply the law imo.

The VA does not even use their rating criteria correctly. For example, the NP who did my C&P exam stated that my migraines are not chronic in nature - meaning I do not have 15 migraines or more per month. But yet my SMRs and VA treatment records specifically state I have between 5-7 prostrating migraines per month (going on for 7 years) that can last between 1-3 days, which is the criteria for rating migraines. The rater used the same rationale by the NP in denying service-connection for my migraines and did not even mention the IMO from a board-certified specialist. I am pretty close of doing a CUE myself but worried of how it will affect the relationship with my attorney. I am no fool to know that my claim is a slam dunk (law firm paid for the IME w/IMO), and understand it is in my attorney’s best interest to drag it out as long as he can for a bigger cut of the retro pay.

I agree with Hamslice. My two friends who are 100% (one TDIU - 7 years, the other P&T - 15 years) started off at 50% and 0% respectively after their initial claims.

Congratulations! I too, also am planning to assist as many veterans as I can. It is so blatant how VA keeps us vets on the hamster wheel with denials until we finally win.