Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
Top G
-
Posts
22 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by Top G
-
-
8 hours ago, jamescripps2 said:
The VA makes the rules and we are required to go by their rules.
It seems that you want to be allowed to circumvent VA's rules and make your own rules.
I guess that you can do that, but if you want the increase, then be willing to put in the time that it takes to comply with VA's rules or be prepared for a denial and a long drawn out appeal.
I thought I'd responded to this earlier this morning.... At any rate, I did follow the VA's rule, and did not have to attend their C&P Exams as I already submitted my DBQs and all medical records from the VA and outside Doctors. You must not have read my follow-on with regards to the final outcome of my claim.
-
-
All 6 of my recently submitted DBQs are for SC rated medical conditions from 2009, which have gotten worse as documented by my VA doctors and outside doctors.
A medical doctor filled out all 6 forms in their entirety. I think this is why I’m so frustrated. I recall for my initial 2009 ratings it took so long with all the medical appointments and taking so much time off from my new job…just not ready to do this all over again for what I feel has already been done through the past 13-years of documentation and DBQs. I’m just ready to tell them enough already. Just go off what I’ve filed.
-
I’m a retired US Marine of 20-years service, and currently have a 90% service connected disability rating as of 2009.
Last week I submitted my 6 BDQs for an increase in my disability compensation. Within a day of my submission of VA forms, they evidently reviewed all 6 DBQs and are now asking that I schedule for C&P exams through VES.
Can I tell the VA that I do not want to go to their exams and ask that they review my claims of my DBQs signed by a medical doctor…and use my submitted medical records from both my outside doctors and VA doctors?
I just feel like it’s not necessary as I’ve already done what was initially asked and don’t want this taking even longer of a time. I feel they have all they need to base their judgement.
Appreciate input/recommendations from those more knowledgeable on this than I am.
-
I have made the decision to move forward in using 360 Veteran to help me with the DBQs and going through Ree Medical for my evaluations. Last week I filed my Intent To File. I'll be sure to report back with my experience in working with them, and on the VA's final decision in about another 3-6 months...
-
-
I'm working on filing a new claim to raise my current ratings on a few of my disabilities. With that, where can I file the VA rules that states the use of third-party medical firms/Doctors that can or must be used?
I'm looking at going through Ree Medical Inc to evaluate and seek amendment of my current disability rating from 90% to 100%. From what I understand, though not read it in any VA official documentation, is that the Veteran does not need to use a VA contracted medical doctor....but would need to use a board certified Doctor.
I want to see the VA rule(s) on this in black and white for myself. So, if any of you can help point me to whatever document this is in and if you can help narrow down the location of it within the rules "book", I'd appreciate it.
Thank you all for your help on this.
-
17 hours ago, Rattler767 said:
The https://the360veteran.com/index web site or its other forms is a scam See there attached price sheet. The other one that is a scam is The Veterans Insider and its associated sites. The Veterans Insider stared out wanting Vets to sign a contract that guarantees you pay a loge amount of your benefits up front. Most of there "couches" are not VA certified reps. They also have an up front fee for access to there sight. I reported them to the VAIG but they are still out there. Any one who wants you hard paid for benefits needs to be locked up. I would not pee on them if they were on fire in the middle of the road.
Ouch! I did my research on 360Veteran, but I hadn't run into any negativity on them. They also have an https secure site. I even went to the BBB and see that they are 5 star rated: https://www.bbb.org/us/oh/fairborn/profile/veterans-organizations/360-veteran-0322-53909
In talking with them, the $1,995 fee is for the use of their doctors and it's not 360 Veteran's fee they receive. They use Ree Medical for their client's: https://www.reemedical.com360 Veteran however does charge an optional $500 if you'd like their "DBQ 1-on-1 Coaching & Writing Assistance".
Now, if you're referring to The VA "Claims" Insider, then for 4-years with the BBB they've had quite a few claims against them: https://www.bbb.org/us/tx/austin/profile/education/va-claims-insider-0825-1000147739/complaints
-
9 hours ago, Berta said:
"When did concurrent receipt start?
CRDP was first authorized in the FY2004 NDAA and was phased in over a 10-year period between 2004-2013. CRDP is sometimes referred to as restored retired pay, as it removes the previously required offset of VA payments.Aug 11, 2020"https://crsreports.congress.gov/product/pdf/IF/IF10594
It seems you were eligible for CRDP during the time frame of your claim.***
CRDP is automatic.
Thank you....I just got off the phone with the VA and they informed me that it doesn't make since for me to apply for CRSC. I'm a 20-year active duty retired Marine rated at 90%. So, I'm received my 90% disability concurrently with my full retirement pay. From what I gathered on the phone call with the VA, CRSC is for disabled veterans receiving less than 50% disability.
-
8 hours ago, Berta said:
Maybe you were one of those veterans and maybe the VA never contacted you and should have.
Have you posted here the VA's full medical rational as to the TBI award for 10%?
And can you tell us what diagnostic codes did they use for the TBI?
Thank you! I pulled up my letter from the VA on their findings from 2009 and have pasted the TBI portion. Not sure if this answers your questions entirely, but can surely appreciate you help me @Berta.
9 & 10. Service connection for traumatic brain injury with cognitive impairment.
Service connection for traumatic brain injury with cognitive impairment has been
established as directly related to military service.
Your service treatment records were reviewed. Records show that you suffered a head
injury after an unknown object hit you during June 1990. Further records during March
1992 noted that a grenade round blew-up while you were shooting it and you suffered
facial lacerations. Your exit examination indicates TBI.
Your QTC examinations were reviewed. A TBI examination was completed on
November 27, 2009. The examiner diagnosed TBI and indicated that your head injury
was a diffuse axonal injury and the condition has stabilized. The examiner also diagnosed
cognitive impairment and indicated that it was at least as likely as not to do with your
TBI. Further examination for your TBI condition was completed on November 30, 2009
and February 2, 2010 and the facets of your condition were examined.
The evaluation assigned is based upon the highest level of severity for any facet of
cognitive impairment and other residuals of traumatic brain injury (TBI) not otherwise
classified as determined on examination. Only one evaluation is assigned for all the
applicable facets. A higher evaluation is not warranted unless a higher level of severity
for a facet is established on examination. Physical and/or emotional/behavioral
disabilities found on examination that are determined to be residuals of traumatic brain
injury are evaluated separately.
A level of severity of "I" has been assigned for the Memory, attention, concentration,
executive functions facet, indicating that an examiner has found evidence such as a
complaint of mild loss of memory (such as having difficulty following a conversation,
recalling recent conversations, remembering names of new acquaintances, or finding
words, or often misplacing items), attention, concentration, or executive functions, but
without objective evidence on testing. A higher level of severity of "2" is not warranted
unless an examiner finds evidence such as objective evidence on testing of mild
impairment of memory, attention, concentration, or executive functions resulting in mild
functional impairment.
A level of severity of "0" has been assigned for the Judgment facet, indicating that an
examiner has found evidence of normal judgment. A higher level of severity of "l" is not
warranted unless an examiner finds evidence of mildly impaired judgment, including
symptoms such as for complex or unfamiliar decisions, occasionally unable to identify,
understand, and weigh the alternatives, understand the consequences of choices, and
make a reasonable decision.
A level of severity of "0" has been assigned for the Social interaction facet, indicating
that an examiner has found evidence that social interaction is routinely appropriate. A
higher level of severity of "1" is not warranted unless an examiner finds evidence that
social interaction is occasionally inappropriate.
A level of severity of"0" has been assigned for the Orientation facet, indicating that an
examiner has found evidence such as always oriented to person, time, place, and
situation. A higher level of severity of "1" is not warranted unless an examiner finds
evidence such as occasionally disoriented to one of the four aspects (person, time, place,
situation) of orientation.
A level of severity of "0" has been assigned for the Motor activity (with intact motor and
sensory system) facet, indicating that an examiner has found evidence of motor activity
normal. A higher level of severity of "l" is not warranted unless an examiner finds
evidence such as motor activity normal most of the time, but mildly slowed at times due
to apraxia (inability to perform previously learned motor activities, despite normal motor
function).
A level of severity of "0" has been assigned for the Visual spatial orientation facet,
indicating that an examiner has found evidence of normal. A higher level of severity of
"l" is not warranted unless an examiner finds evidence such as mildly impaired.
Occasionally gets lost in unfamiliar surroundings, has difficulty reading maps or
following directions. Is able to use assistive devices such as GPS (global positioning
system).
A level of severity of "1" has been assigned for the Subjective symptoms facet, indicating
that an examiner has found evidence of three or more subjective symptoms that mildly
interfere with work; instrumental activities of daily living; or work, family, or other close
relationships. Examples of findings that might be seen at this level of impairment are:
intermittent dizziness, daily mild to moderate headaches, tinnitus, frequent insomnia,
hypersensitivity to sound, hypersensitivity to light. A higher level of severity of "2" is not
warranted unless an examiner finds evidence of three or more subjective symptoms that
moderately interfere with work; instrumental activities of daily living; or work, family, or
other close relationships. Examples of findings that might be seen at this level of
impairment are: marked fatigability, blurred or double vision, headaches requiring rest
periods during most days.
A level of severity of "O" has been assigned for the Neurobehavioral effects facet,
indicating that an examiner has found evidence of one or more neurobehavioral effects
that do not interfere with workplace interaction or social interaction. Examples of
neurobehavioral effects are: irritability, impulsivity, unpredictability, lack of motivation,
verbal aggression, physical aggression, belligerence, apathy, lack of empathy, moodiness,
lack of cooperation, inflexibility, and impaired awareness of disability. Any of these
effects may range from slight to severe, although verbal and physical aggression are
likely to have a more serious impact on workplace interaction and social interaction than
some of the other effects. A higher level of severity of" 1" is not warranted unless an
examiner finds evidence of one or more neurobehavioral effects that occasionally
interfere with workplace interaction, social interaction, or both but do not preclude them.
A levelo f severityo f "0" has been assigned for the Communication facet, indicating that
an examiner has found evidence such as able to communicate by spoken and written
language ( expressive communication), and to comprehend spoken and written language.
A higher level of severity of "1" is not warranted unless an examiner finds evidence such
as comprehension or expression, or both, of either spoken language or written language is
only occasionally impaired. Can communicate complex ideas.
The evaluation assigned for cognitive impairment and other residuals of TBI not
otherwise classified is based upon the highest level of severity for any facet as
determined by examination. Only one evaluation is assigned for all the applicable facets.
NOTE: 38 CFR 4.130 Schedule of ratings pertaining to mental disorder only allows for a
single evaluation to be assigned for mental disabilities as the same criteria is used to
determine the evaluation to be assigned for these conditions.
-
9 hours ago, Berta said:
This is what I meant about the TBI fiasco years ago:
"Veterans Affairs officials aren't saying how 24,000 veterans were diagnosed with traumatic brain injury by VA physicians considered unqualified to make such a determination, but on Wednesday, told Congress the department is working to resolve related disability claims problems.
Some veterans diagnosed with TBI from 2007 to 2015 were denied disability benefits because they were examined by a VA health provider considered to be unqualified under VA policy."
https://www.militarytimes.com/veterans/2016/07/13/va-doubling-back-to-resolve-tbi-claims-denials/
You might have been one of tthe 24,000 (in my opinion it probably had been more TBI vets than that number."
The newer regulations and TBI criteria are here and I will try to find them.
My brain injury occurred back in the 90s from a 40mm HEDP round exploding from my 40 MK19 machine gun. Blew me back and unconscious for a bit where I lost my eyesight for a short period, received small burns to my face and lost my hearing for a bit. It is well documented in my medical record book as I also had some follow ups. Since then, it's been documented with my bad headaches that come on where I take Zolmigtriptan for and continuation of floaters in my eyes. Really did shake my head how my TBI was rated so low initially, but I haven't done anything about trying to get it raised ever since.
-
4 minutes ago, pacmanx1 said:
Increasing your 30% PTSD to 70% PTSD, then adding the rest of your current ratings would get you to the 100% mark.
70% + 50% = 85%
85% + 30% = 90%
90% + 10% = 91%
91% + 10% = 92%
92% + 10% = 93%
93% + 10% = 94%
94% + 10% = 95%
And then the VA would round up to 100%
Thank you so much for the breakdown. Do you have any thoughts on the 360 Veteran (https://the360veteran.com/)? I'm just exhausted in even thinking about doing this on my own....this is a big reason why I've not submitted previously to seek a higher rating. Really just hurts my head and I'm at a point to where I'm willing to pay a reputable outfit to help me.
-
360 Veteran - Has anyone used them in filing a claim from here? If so, how was your experience?
-
47 minutes ago, pwrslm said:
Begin this by researching 38 CFR to find what the rating tables say about your conditions. Also check your actual rating list on va.gov and run those numbers through a VA disability calculator. It is good to know how far you actually need to go to get to 100%. If you are rated 85% they round up, or if you are 94% then it is rounded down. Should be easier to hit 100% if they rounded down. Reality is that you need to hit 95% to round up because in this system the only way you can actually get 100% is if you have 1 condition rated at 100%. The fractional system for multiple conditions will never hit 100%.
When you ID the ratable info, compare the ratings with what your current conditions are. If you got worse, then you know what needs to be documented to get that increase. Check your current medical records to see if this is documented or if you need to get it documented through your primary care provider. X-rays, MRI's and hearing tests, and anything else you need can be requested by your PCP if you give them reason to evaluate the severity of the condition. Example would be to go to your PCP and complain about the hearing problem, you should be referred to the ENT (ear, nose, throat) specialist or similar. They will do the workup. Tell them what your hearing was like before and how it is worse today, and they should document your current condition. Look at that and see if it takes you over the hump for a higher rating.Do the same/similar with other conditions you have. After you do this, then gather your documentation and write a lay statement to support the request. Lay statements are not medical opinion, but instead eye witness to how your condition affects your behavior and abilities. Get additional lay statements that confirm what your daily behavior is like/has change over xx years/months/weeks from family, workmates, and friends. Lay statements can sway the decision if it is close to equipoise then they will push it in your favor.
Gather all of this together, reference everything by date/time or page/paragraph in your lay statement that supports your claim so that the rating official can find it easily. Then submit your claim for increase.
Thank you for the informative information and links. I've also updated my initial post with my 2009 VA decision letter so you and others can see where they rated me.
-
** Edited: Included my VA decision letter from 2009 with medical descriptions and percentages awarded.
I'm a Service-Connected Disability Rating of 90% with just over 20-years of active duty in the USMC. I've been retired since 2009 with my 90% rating ever since. Since then, some of my documented rating disabilities have worsened. The ringing in my left ear has worsened to the point the ringing is always there and loud enough to where it makes it difficult to concentrate. My grenade concussion that caused me to lose eyesight for a short period of time back in the 90s....I believe has caused for me to have a torn retina a few years ago as the concussion may have weakened my retina. Recently had 2 stents implanted, diabetes, shoulder pain has worsened making it harder to sleep on my sides....and on and on. Over 20-years of active duty in Combat Arms and in combat sure does wear a body down...
So, I'm now looking to seek a higher compensation to 100% P&T.
I have previously reached out to the DAV and another organization...can't recall the name...but no forward momentum on either for assistance. Now, I'm considering other organizations that will charge me money to help...like 360 Veteran. Don't know of others, but I'm to a point to where I feel I should be rated at a higher rating than where I have been since 2009.
Interested in hearing from those of you who have gone to other agencies/organizations for assistance in filing VA disability claims to raise your previous rating.
Thank you all.
-
2 hours ago, blahsaysme2u said:
Go to the Virginia Department of Veteran Services. they have lawyers on retainer and will help you out man. dont waste your time with DAV or VFW. i tried them both in the past and couldnt even get a return phone call. guy i work with now calls me back pretty much the same day if not the next every time! he always returns my emails. if you live in virginia, and you want a VSO, this is the way!
Thank you. So, go with a VSO vice a attorney? I’ve not been denied on my previous claim. I just need to file a new claim. Sounds like a VSO is who I’d seek then...?
-
El Train,
I am already receiving compensation for my TBI. I'm looking for help with my torn retina and my Coronary Heart Disease. Appreciate the info. I don't know what SMC-S stands for. Sorry....still the newb here.
-
9 minutes ago, broncovet said:
You are on the right track. To be Service connected you need these things:
1. Current diagnosis of PTSD
2. In service event or aggravation.
3. Medical nexus, which, as you say, is a statement from a doc that your CHD is at least as likely as not related to your PTSD (provided that, PTSD is SC).
Thank you.
1. I was diagnosed while in active duty, service-connected and receiving VA compensation. Box checked.
2. I’m not for certain what you mean with this one. I wasn’t diagnosed with CHD while on active duty, but was with Hypertension, PTSD and Sleep Apnea. I probably should have mentioned the Sleep Apnea diagnosis earlier. My assumption is that the PTSD (anxiety and restless sleep of nightmares), Hypertension and Sleep Apnea have all contributed to my CHD.
3. So sounds like I’ll need a nexus letter from my family Doctor (she is a MD) for my CHD claim? Same for my torn (detached) retina?
-
I'm a retired veteran with 20-years active duty service. While on active duty I was diagnosed with PTSD and Hypertension along with other service-connected disabilities.
11 years after my retirement, I had to undergo surgery to have 2 stents implanted (widow maker). I was recently talking with a friend recently and he said I should file a claim for my Coronary Heart Disease (CHD) and the fact I had to have 2 stents implanted as a result. This got me thinking and so I started doing some research to see if there are connections between PTSD and CHD. Sure enough I have run across a few articles on this.
I'm coming to you all for input as to if it would be a waste of time in putting a claim together or if I should put in a claim. I'm definitely leaning on putting a claim in however, I don't know what all I would need. I do have my medical records for the surgery, but how do I indicate that I believe this to be connected to my PTSD. Any input on this is very welcome.
While on active duty I also sustained a TBI from a 40mm HEDP grenade. This caused me to lose consciousness and eyesight for a few minutes. About 20 years later, I had a torn retina. There was no history of me having any other injuries to my head or eyes in between the time of the grenade concussion and when my retina tore. Just woke up one morning with it. Had to have surgery the same day to close the tear which now has left me with even more floaters. Now, in between the time of the grenade injury and through the many years, I do have a history of floaters being seen. My thought is that my retina took on a minor injury that over time got worse and eventually tore. Don't know how I prove this. I do see there is some information about a nexus letter. Any help on this is also appreciated.
-
2 hours ago, GBArmy said:
Top G You could get help here https://www.va.gov/ogc/apps/accreditation/index.asp You should know that you don't have to get face-to-face to do your claim process. In fact, many are not conducted in person. There is emails, attachments, video conferencing, snail mail, fed ex, etc. The point is don't limit your choices on having to see someone across the table. I isn't necessary in most cases IMHO.
Thank you. Not sure what/who I should search for though, "Claims Agent" or "VSE Representative"? Thoughts?
-
Residing in Virginia, I'm looking for help filing a new claim with various disabilities.
I'm already receiving Service Connected disability, but with new health issues, I believe they are connected. Already have all medical records. Just need a reputable place to help me put this package together here in Virginia.
I've reached out to the DAV, but they are operating on a very limited time and it's been difficult for me to talk to anyone there.
Unadjusted Aggregate Disability Rating?
in VA Disability Claims Research
Posted · Edited by Top G
I’m a 100% P&T VA disability rated veteran, and in using the VA Disability App, I see that I have a 99% “Unadjusted Disability Rating” also titled as “Unadjusted Aggregate Rating”.
My assumption….is that this means no matter what the VA does to my rating, they cannot adjust 99% of my 100% rating.
Please advise.