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Hucast21
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Posts posted by Hucast21
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1 minute ago, Buck52 said:
something seems very wrong here you been denied for these in the last 7 years? and you submitted all your evidence Dr'reports Law reports VA Reports all is of Record......>the whole enchilada
''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.''
for the past 7 years if you been in Appeals this long and have recieved a DENIAL on each Appeal ? With SOC SSOC something is not right?
you should have already filed I-9 to the BVA or CAVC.....SOMETHING JUST DON'T SEEM RIGHT?
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.
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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.
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Just now, Buck52 said:
Yes sounds like it to me but you need a Qualified Dr to state this , they don't take the veterans word on it , all these S.A.* (suicide attempts) needs to be documented in your medical records,which I am sure they will be.
This is probative & credible evidence.
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.
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40 minutes ago, Buck52 said:
If your awarded IU it depends on your severity of your s.c.disability
if it shows not to improve in your life time or its rated as chronic and NO future exams scheduled...if it is you should get P&T
if it don't you will likely get the IU with future exams scheduled.
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.
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1 hour ago, GBArmy said:
Hucast21 we all are pulling for you to get P&T. Hopefully you will. The fact that your lawyer didn't ask for the IMO $ up front is a MAJOR boost to your chances. I'm sure you are aware that they don't take these claims expecting to lose; they take the sure ones! Then, in time, you will get over the unfairness in life and what you were dealt. Maybe it will be religion, maybe your spouse and family, maybe it is just time that will heal. Whatever. But you never will be at peace until you learn to accept what has happened and move on. One of the things I have learned in life is you don't have to look very far to see someone a whole lot worse than you are. You'll make it. Keep the faith my friend.
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.
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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.
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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%.
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11 minutes ago, Buck52 said:
I agree most of us on VA /SSI Don't make what we could have working, I wish the VA would pay us 100% at least the national average income.
As it is we make ends meet on my VA /SS Disability.
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.
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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.
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36 minutes ago, GBArmy said:
Hucast21 I think that Shrek has said it best. It all boils down to choice. Your friends, like everyone else, need a reason to get up in the morning. They have to find something positive to motivate themselves. It is different for everyone, but it is a question of choice. Take the easy way out; drugs, women, gamling, etc. Or find a hobby, religion, a way to help others; it's all up to the individual. You, by your posting, might chose to work at helping other veterans here on Hadit, and in other ways. Begin now to consider some possibilities that you may be able to do now.If it doesn't work out the way you expected, no problem. Try something else. Let us know of your progress.
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.
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13 minutes ago, shrekthetank1 said:
Sadly this can happen to vets. My opinion is this is their choice. This is what makes them feel something.
we all have tendencies and have done messed up things but it is a choice.
Everything we do is a choice.
me I keep working and keep my mind busy. Right now is hard being at home all the time.
ask yourself what you want out of life and go for it!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.
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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.
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22 minutes ago, USMCSSGT88 said:
The higher level Reviewer wrote and told me my buddy letters were clear and competent to establish continuation of service connectedinjury, incidents (events) or diseases that occurred in service after finding several duty to assist errors. After having all buddy letters add the certifying statement s to them as requested and sent in I awaited approval. Case is closed now. However, it closed Thursday, April 9th and mailed out April 10th. Today is Sunday, April 12th.
I dont see any changes on ebenefits that reflect 100% rating. Does this mean VA lied and I was denied, after submitting the requested info for approval? I'm awaiting my letter now and watching my bank account for deposit since calling the 800-827-1000 reps say they cant open my letter to tell if an award was granted or rating change. They say nor is their system stating updates since case closed the same day I called on April 9th and case closed. Any answers?
SSGTUSMC88
You just have to wait on your decision letter.
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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.
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28 minutes ago, GBArmy said:
When I am talking to a parent of an active serviceman, I always ask them if they want some A #1 advise to pass on to their loved one. Tell them to promise that IF they go to medical for any reason, that they will request a copy of what happened. It is hands down one of the most valuable advise they will ever receive. I had one lady said well this is 2020 now, everything is digital,, they have everything now filed digitally. I said, Lady, we are talking about the VA and the DOD here; they were losing records back in George Washington's time, and are pretty good at it. If you have the record in hand, they have it no matter what.
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.
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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.
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45 minutes ago, broncovet said:
Its my "opinion" that you will need to "get to the BVA" to get any significant retro..GS 5's, GS7''s or even GS 9's "probably" are not authorized to sign paperwork which results in a retro check of 100,000 dollars or more. That will likely take a BVA judge to do that. SCL will likely just delay you getting to the BVA judge, the SCL is another VARO employee who probably also does not hand out 100,000 dollar checks like they are candy at a parade, either.
In order to get to the BVA, dont file an SCL, but instead file a NOD, and select "appeal to the Board of Veterans Appeals". If you have new evidence so indicate in your timely filed appeal to the BVA.
If/when you get in front of a BVA judge, you at least have a reasonable chance of getting your claim/retro awarded. Most often "another" VA decision (DRO, SCL, HLR etc) will usually result in another denial "especially" if it involves large retro. Appealing to the VARO is often like trying to talk the Janitor into hiring you..he probably has no authority to do so, but he will talk to you and may not even like to admit he has no authority...
How many Veterans do you know who "actually got" 100k plus retro's at the VA regional office level "without" a BVA appeal (or remand) directing the VARO to do so first? Sure, they can implement a decision if a BVA judge has decided on it.
I dont know "1" Veteran who has ever gotten a six figure retro "without" one or more BVA appeals. In my case, I had to appeal to the BVA not just once, but several times. I think 7 BVA appeals in total.
If anyone has gotten a six figure retro at the VARO level without one or more appeals to the BVA or above, please post your success story.
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).
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12 hours ago, Devildoc2448 said:
I had an inaccurate C&P exam for depression on 18 February 2020. The examiner basically minimized my diagnosis, symptoms and ability to work. Her report was the very opposite of what my psychiatrist and therapist have diagnosed. I’ve been seeing them for 3 years, so I feel they know my illness better. The C&P exam was made available in my healthe vet record on 6 April and the board made their decision on 7 April. I had no chance to disagree with the raters findings.
The day I did read the exam report and noticed the differences and a incorrect ICD coding, I called my therapist and she got the rater to make an addendum with the correct ICD code. I don’t know if the VA reviewer got to see the correction because they made their decision the next day.
How can I dispute the C&P exam? Is it possible to request another C&P exam?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.
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1 hour ago, vetquest said:
I went to the BVA the first time and won with the help of the NCOA. Ten years later I went to the BVA again and decided to hire a lawyer because the VA was playing fast and loose with the laws and CFR's in my case. Only you can make this decision but know that the service organizations are usually busy and can not always give you the time a lawyer can, it just costs you 20% of your award usually.
I do not believe we should have to hire a lawyer or get expensive IMO's but sometimes that is what it takes. It's a lot better than the old days when we could not hire a lawyer by law. Those were some dark days.
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.
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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.
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11 hours ago, GBArmy said:
Hucast21 You have the right attitude. Whether it's poor training, lack of adequate training, the amount of volume they have to move to meet their "quota", the "adversarial" posture that the raters and examiners have, or whatever, it is just damn hard to get your claim approved and rated at the accurate level at the proper effective date.I saw data published by the VA that said 25% of all claims have an error. I seriously question the accuracy of that finding. But we can win if we keep at it; just takes time, and unfortunately, some of us don't have enough of it. Keep at it Hucast21. "You don't lose until you quit trying!"
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.
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8 hours ago, broncovet said:
Your VSO "should" have VBMS access, so he and you can view your file and "see" what is illegible. Then send the illegible information to VA. If your VSO does not have VBMS access, my advice is to get one who does.
I wonder why your VSO didnt tell you this? Wait, I know. They either dont care, or dont know.
Leaning more towards don’t care imo.
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3 minutes ago, 63Charlie said:
The RVSRs at the VARO often ignore favorable evidence.
C&P exams are often inadequate yet the RVSRs accept them anyway.
It's a battle to get VA benefits.
You have to fight the VA for what is yours.
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.
Question to forum members who have a high percentage disability rating (80% or more)
in Success Stories
Posted · Edited by Hucast21
Yea, the VA lumps all mental health disabilities under one rating.