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Hucast21

First Class Petty Officer
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Everything posted by Hucast21

  1. I have not been in appeals for 7 years. When I first got admitted to the psych ward for suicidal thoughts in May 2018, that is when I decided to file my initial claim. I had enough and I knew I was not going to get better.
  2. Two unfavorable C&P exams - one for the migraines and the other for depression. Filed a NOD and submitted the IME w/IMO, still got denied. I have all my records in a fire proof vault. Now my claim is going before the BVA.
  3. I have an IME w/IMO from a board-certified psychiatrist stating it is. In the IMO, he went through my medical history in chronological order starting from my military service till now. It’s why an attorney even took my case to begin with - the RO was just rubber stamping denial for my claim. Now we go to the BVA, and hopefully I win there.
  4. Oh it’s severe enough. Five suicide attempts in the past 7 years - four of which were attempted hanging and the last one was almost walking in front of a car in February. Been hospitalized multiple times for migraine headaches and admitted to inpatient VA psychiatric ward three times in the past two years.
  5. I hope I get P&T, and yea, law firms do not take claims unless it is a slam dunk. I even asked the representative if we can submit additional evidence for the BVA, like a vocational rehab letter, and he said that it is not needed. If we did though, he said it will add a delay. In his words “we feel very confident that the BVA judge will look at all of the strong probative evidence and grant service-connection for your migraines, depression, and TDIU.” I have to channel my inner Zen and distract myself in the meantime, while playing the VA’s waiting game.
  6. I would like to add that since you are in Central Florida, I wish you godspeed in dealing with St. Petersburg VARO. Hopefully, your initial claim is granted, unlike the majority from what I have heard or know of (including my own) that were rubber stamped with denial.
  7. Welcome to hadit! FYI, your VA math is incorrect. A 50% + 10% + 10% disabilities would not give you 70% but rather 60%. For example, if a veteran has a 90% rating, the veteran would need another disability rated at 50% or more to get to 100%. Disability calculator
  8. I agree with that. On a side note, I talked to a representative for my attorney and found out the reason why I did not have to pay for the IME w/IMO out of pocket is because the attorney feels my claim is very strong. That little bit of info gives me hope to keep on fighting.
  9. Thank you all for the replies. I guess I need to mentally prepare myself for when I am awarded TDIU. What infuriates me is how the VA/raters possibly think most (or possibly all) veterans are lying or exaggerating about our disabilities in order to get compensation. I have a B.S. in mathematics and could be easily making six figures if it were not for my disabilities. I barely finished my degree and internship with Lockheed Martin ($25/hr) because I missed so many days due to migraines. Now, I cannot even hold a retail job. I would gladly give up a 100% rating for making six figures and having good health. Seeing some of my classmates being so successful at a young age (22-25), while making $125k+ just adds to my bitterness. I do not wish bad health on anyone, and I wish the VA did a better job of rating our claims. Also, giving veterans a large retro is still a slap in the face. I would rather have the VA rate my claim correctly the first time instead of waiting years of going through the appeals’ process.
  10. I plan on helping other veterans on Hadit until the day I die. The way VA has rubber stamped denial for my claim even though I have documentation of my disabilities in SMRs, VA treatment records, and an IME w/IMO from a board-certified specialist has made me realize how adversarial the system is towards veterans. It seems a veteran has to be lucky of getting a rater who actually follows CFR’s with an initial claim or DRO.
  11. Yah, I just feel bad for my one friend though. He seems to have a new woman every other month... Has a house paid off and drives a corvette but is lost like I said.
  12. I know this question is out of the norm but needs to be asked in my opinion. I did not know a better forum to ask. What do you do with your life after obtaining a high disability rating? I am really interested in the opinions of those who are 100%, whether TDIU or Scheduler P&T. I ask this is because from my personal experience, the ones who I know of are miserable with their lives after finally being granted 100%. One veteran (TDIU) blew his retro pay on drugs and alcohol and continues to do so. The other veteran (100% P&T) blows his money on women. Both veterans also have SSDI and complain they have no guidance in life - they feel lost. I am kind of worried that might happen to me, since I am going for TDIU at the BVA level and my evidence is very strong. Any thoughts or opinions will be greatly appreciated.
  13. Here is proof of my separation physical stating “migraine headaches, severe” and just one of many sick calls about my migraines stating my only relief is by sleeping in a dark room. Always have your injuries/illnesses documented in the military because if your claim goes before a BVA judge, it will be easier to win your claim. Everyone can see how the VA screws most veterans out of their benefits even if it was documented in the military. It’s why I got representation quickly because the law firm looked at my SMRs and VA treatment records and realized the VA rubber stamped denial at the VARO level.
  14. I agree. I also have digital copies of my SMRs, VA records, C&P exams, and denial letters stored on my Google drive. My physical copies are stored in a fire proof vault.
  15. I want to bump this because I think it is very important for new users. Some background info on my claim - I was diagnosed and treated in the military for migraines and severe depression. I also received treatment post-separation which are documented in my VA records. In 2018, I filed a claim for migraines and depression and was denied. Filed a NOD along with an IME w/IMO from a board-certified specialist and denied once again. I have representation now, and my attorney faxed VA form 9 to intake to have my claim go before the BVA. Documenting your injuries/illnesses while in the military does not guarantee a grant for service-connection, but makes it a lot easier if your claim goes before BVA/CAVC. Also, my separation physical exam from my provider (M.D.) handwritten migraine headaches. How the VA dropped the ball on my claim is a head scratcher. I do not think too fondly of St. Petersburg VARO. We as vets have to keep fighting. When we quit, they win.
  16. I agree broncovet - I never heard or read anywhere that a veteran got a six figure retro check at the VARO level. To new users reading this on why broncovet advocates appealing to the BVA -The reason why most veterans are likely to win at the BVA is because the judge actually applies VA laws and regulations such as equipoise - when there is an equal amount of evidence for and against service-connection, the benefit of the doubt goes to the veteran. Now why a rater at a VARO does not apply the same logic is baffling. An unfavorable C&P exam done by an NP should not be given more weight compared to a favorable IME/IMO from a board-certified specialist, but it does happen. And it happens way to often at the VARO level (DRO, SCL, HLR, etc).
  17. From one DevilDoc to another, you either file a NOD or a supplemental claim. If you file a NOD and still get denied, lawyer up and appeal to the BVA. It is downright pathetic how a low percentage of VA claims are actually rated correctly on the very first try. You would need to channel your inner Zen because the claims process takes a lot of patience once you appeal to the BVA.
  18. It seems a lawyer and an IMO are the only winning chance a veteran has in most cases. The only claim I know of personally that was granted on initial file was my friend’s. He filed his claim right when he was separating from service.
  19. I would hire a lawyer. Just some background info in my claims process. I got denied on several contentions when I first filed my claim except for one - 20% combined rating for both knees. It was the least documented disability in my SMRs - only two instances of one complaint to sick call and my separation physical exam where the physician diagnosed me with PFS on both knees. My migraine headaches and severe depression are the most documented disabilities on my SMRs and VA treatment records but I was denied. Filed a NOD and sent in new and material evidence of an IME w/IMO from a board-certified specialist, and got denied once again. My lawyer immediately faxed VA Form 9 to intake to appeal to the BVA. At the BVA hearing, my lawyer will present a letter citing VA rules, regulations, and other similar cases about how my claim has been unfairly rated by the RO given all of the favorable evidence and how the RO does not apply VA’s own CFR’s. The above is powerful because you have someone competent presenting your claim before a BVA hearing judge. I would think the BVA hearing judge would take your claim more seriously compared if you went with a VSO.
  20. Thanks! Going by the claims process, VA does not follow its own rules and regulations. An unfavorable C&P exam from a NP should never have more weight to an IME w/ IMO but apparently it does.
  21. Leaning more towards don’t care imo.
  22. Just wanted to say thank you to everyone for the replies! It is sad that the VA system is clearly adversarial towards veterans, and that we have to continue fighting until we win. When I win my case, I promise I will donate and help out Tbird.
  23. And I will continue fighting. I think what puts my mind at ease is because I have representation from a well-known law firm that handles VA claims. Basically, the law firm (from what I have heard) does not take cases unless it is pretty cut and dry. So, when my lawyer looked into the system today and saw my NOD and supplemental claim were denied, he immediately faxed VA Form 9 to the intake center.
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