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Top G

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  1. Like
    Top G reacted to brokensoldier244th in Unadjusted Aggregate Disability Rating?   
    Whether or not it can be adjusted is subject to the 20yr rule, that's it. You may 99% on paper which is rounded to 100, or the calculators math could be off due to bilat factor. I've never used the VA tool you are using, I used either Microhealth, or I break out the paper chart and do it manually. 
  2. Like
    Top G reacted to Rattler in DBQs Submitted - Now They Want C&P Exams   
    This is what worked for me.  There is language the the attached forms that you need to cut and past and file quickly. I used them bother in my current claim.  When I called I was informed that their system automatically puts in a request for a C & P Exam.  What I did was call 800-Betty and told them that I had waived any C & P Exams. (In Writing) If I were you I would call the 800 No. and tell them that you want to waive the C7 P Exams, and tell them that you want them to decide you case based on the record and the evidence you filed. Once I pointed out to them A ratter called to question why I did not want to go fore a the C & P exam. I pointed out that I had filed a waiver not to do a C & P exam and have them decide on the record I submitted. So far they have not required me to take any C & P exams.  
     
    Challenge to C & P examiner competency.pdfDBQ Election, Duty to Assist Waiver, & C & P Decline Notice to VA Regional Office.pdf
  3. Like
    Top G reacted to brokensoldier244th in DBQs Submitted - Now They Want C&P Exams   
    VA does C&P exams still, it just depends on capacity and availability of examiners to do them. Examiners receive training that a clinician does not have- clinicians are not involved in the disability process. 
    As for a private doc doing a DBQ- its not that hard- its 90% follow the instructions- which some of them don't bother to do. Probably 20% of the exam requests I schedule are due to having private DBQs that are inadequate or do not provide enough backup for the assertions they are making, or are from chiropractors and GPs trying to diagnose hematological blood diseases or cancers or MH issues or some other thing way outside their wheelhouse. Just because M.D or APRN or whatever appears after a provider's name doesn't mean they are the best person to be filling it out. Chiro's especially. 
  4. Like
    Top G reacted to Whodat in DBQs Submitted - Now They Want C&P Exams   
    So my comments are that the VA has implemented a form called a DBQ. I am sure that VA medical staff had some type of training for it since that in the past, VA did c&p exams. Now VA do not perform c&p exams but states get a DBQ from your private doc. I am sure that a private doc didn't get that training in med school. Now it's used against the vet because of not being properly filled out. 
     
  5. Like
    Top G reacted to brokensoldier244th in DBQs Submitted - Now They Want C&P Exams   
    Depends on if the DBQ was: filled out correctly, provided sufficient rationale, actually looked at your records, etc- I see a lot of pvt DBQs that are jacked up and hardly worth anything because they write a few sentences about how "in their opinion" its related to X/Y/Z but provide no reasoning behind it. These aren't a doctor's note to the principal, they have to have certain things in them, and a lot of private doctors don't put enough into them to be much more than a lay statement with some extra weight, perhaps. 
    Generally, yes, if we have private DBQs it can forego the need for a C&P exam, but it depends on how they are completed, what information they reference in your records, if they use solid language (make an actual opinion rather than an assumption, or dancing around it and not making a definitive opinion at all). 
  6. Like
    Top G reacted to Mr cue in DBQs Submitted - Now They Want C&P Exams   
    Didn't the poster get the outcome he was look for.
    By handling his appeal or claim the way he feel fit.
    The site is veterans helping veterans that hadit with the VA.
  7. Like
    Top G got a reaction from Whodat in DBQs Submitted - Now They Want C&P Exams   
    As a follow-up with the final decision of my claim, without attending the VA's C&P exams....I did receive an increase in my VA service-connected disability rating from 90% to 100% P&T with backpay.  
    I do appreciate all the help I received along the way.  Semper Fi!
  8. Thanks
    Top G reacted to Dustoff1970 in DBQs Submitted - Now They Want C&P Exams   
    If you don't go to their almost mandatory C&P exams you have a lot to lose IMHO.  I have almost always over 30 years had to attend C&P exams in order to win my claims and appeals even with very strong favorable and supporting medical evidence. 
    Very recently I was awarded 60% for GERD due to PTSD and 10% for Tinnitus within 20 days of my filing the claims with the VARO.  The GERD CP exam was less than one hour and only consisted of VA medical records review and taking my oral and written statements of severe symptoms.  Very friendly QTC nurse examiner.
    The Tinnitus exam was with another friendly QTC audiologist that was 1 hour.  Done and finished. No big deal. No DBQs were submitted by me only my VA and Army medical records (copies only).
    My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  9. Thanks
    Top G reacted to El Train in DBQs Submitted - Now They Want C&P Exams   
    In my experience, I've gotten roughly half of my claims approved with outside nexus exam letters and DBQ's.  Half was enough for 100% P&T SMC-S.  The other half could've been approved if I wanted to appeal.  I had C&P exams for everything.  The outside DBQ's or nexus letters does keep them a little more honest if they know they have other evidence to contend with.  If they even read them.  More than likely your outside DBQ's from a forensic MD or specialist MD will be worded better than the VA's nurse practitioner who removes skin moles.  My private DBQ and nexus for PTSD/TBI was absolutely kick ass.  It was never mentioned in my C-File by raters or other Psyc Dr's looking at my claim.  I know it had to be considered since I went from 50% to 100% for PTSD/TBI without a ton of treatment records.
    Don't do what I did and walk in with the DBQ's and throw it on the examiners desk.  If you piss them off, you will have a bad C&P exam.  Keep them on the low down and let the rater compare them.  This would've shaved a year off my rating.  Had to contest the bad C&P exam which in turn caused two extra exams.  But they got it right in the end.  Good luck & SFMF!
  10. Like
    Top G reacted to carlie in C & P Exam Worksheet Index   
    VA Compensation and Pension Disability Exam Worksheets :

    http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

    New Link to VA DBQ's.

    http://www.benefits.va.gov/compensation/dbq_disabilityexams.asp
  11. Like
    Top G reacted to pwrslm in Legit Organizations To Help with Filing Claim from 90% to 100%   
    There is a substantial $$ increase when you hit 100%. It is worth the effort. 
    Furthermore, if your conditions have worsened over the years, the VA should make a finding in your favor. Hamslice hit this nail right on the head.
  12. Like
    Top G reacted to broncovet in Exams for Claims - Use Third-Party Medical Firm - VA Rules   
    Im unaware of any regulation "in black and white" that states "the use of third party examiners can/must be used".  
    To the contrary, the VA wants/needs to be very flexible since tens of thousands of exams are needed.  They pick "from the options available".  In some areas, VA docs may well be available, while in other areas, there may be no VA doc available, so a third party examiner must be hired.  
    You are on the right track, tho.  
     You can go through "Ree Medical", if you so choose to pay for it.  When VA schedules an exam, they pay for it AND get to pick the examiner.  
         The VA is given a presumptive.  "If" VA hires an examiner that examiner is presumed competent absent a challenge by you or your representative.  
         However, when YOU pick the examiner, you must demonstrate the examiner is an expert witness.  This means the examiner has medical training or experience to render a professional opinion.  
    You can not hire a friend who has a Phd in coaching basketball  (and no medical experience) to give an opinion your ailing knee is at least as likely as not due to service.  
    Instead, when you submit an independent medical exam, You ask the doctor to submit his/her CV, detailing the examiners medical training and or experience in diagnosing and treating your type of claim.  VA can deny based on that examiner is not competent (has medical experience or training) in rendering a professional opinion.  
       A "board certified" md, would likely meet the criteria for an expert witness in the field.  
       If VA has already ordered an exam, go to that exam.  If they have not ordered an exam, and one will likely be needed, then you are free to hire Ree Medical and one or more of their board certified docs.  Dont expect VA to pay for it, tho.  
        If you buy a car, YOU get to pick the car.  However, if VA should permit you to use their vehicle(s), then they get to pick which Vehicle you use.  In other words, the guy paying the bill gets to decide.  
         For those of us who do not work for VA, we dont get to decide on the examiners..or if an exam is needed.  There are several circumstances when an exam is not needed:
    1.  If you already have evidence in your file to make a determination.  
    2.  If the exam can not fix your claim.  Example:  You lack a "in service event" in service.  An examiner can not turn back the clock and render an opinion that you had an in service event.  
    The examiners can make diagnosis and they can render a nexus opinion, but can not create Caluza element 2, an in service event.  This needs to be shown in your military records, or, perhaps, if there is no record, a buddy can write a letter that he or she witnessed "an in service event"..such as maybe you parachuting out of an airplane, which could cause knee or ankle injuries.  
         An exam does not always require an "MD".  An audiologist, for example, may render an opinion on your hearing with or without an advanced MD degree.  
        
  13. Like
    Top G reacted to Whodat in Legit Organizations To Help with Filing Claim from 90% to 100%   
    All great advice from great people in the hadit family. I just want to add in my little 2 cents.
    I do see on your rating sheet that you have no secondary sc connections.  I E, you are sc'd for lumbar, do you experience tingling in your legs? Have you ever complained about it to your primary care? Did you get diagnosed with sciatica. Is it possible that your service connect disability caused sciatica. Just an example. 
    You make need to look at all of your sc conditions and see what secondary conditions it could cause.
    Keep in mind, there must be a nexus. 
    Just a thought. 
     
     
  14. Like
    Top G reacted to Berta in Legit Organizations To Help with Filing Claim from 90% to 100%   
    You got great advice above.
    Personally I would not depend on VA to answer questiions about CRDP or CRSC-
    There only criteria is to automatically inform DFAS if a veteran is eligible for CRDP.
    This is a hypothetical situation anyhow- I have nothing else to offer...except this might help omeone out there who is Retired Military with a question about these two benefits:
    "CRDP/CRSC Open Season Frequently Asked Questions

    It is possible to be eligible for both Concurrent Retirement and Disability Pay (CRDP) and Combat-Related Special Compensation (CRSC). However, you cannot receive both of them at the same time. If you ’re eligible for both, CRDP/CRSC Open Season is when DFAS will send you a letter with instructions about how to change your election from one program to the other, if you choose.

    2022 Open Season is January 1-31, 2022. Election change requests must be postmarked by January 31, 2022. "
      https://www.dfas.mil/RetiredMilitary/disability/CRDP-CRSC-FAQs/   If you succeed in getting higher SC ratings for anything you have that is directly  related to combat it is possible that a CRSC award would be more financially benefitting to you than CRDP. Maybe, not enough here to really even take guess- These are hypothetical opinions however- as the VA might not be able to rate the TBI or PTSD higher, based on your medical evidence.   If they did raise your SCs however they woud send you an "Open Season" letter, as above DFAS link says.   If a retired veteran applies for CRSC and not CRDP- right off the bat , they would have to use the app below: sorry weather interfering with my access-I am sure that app is here.   I fee I have confused you here because CRDP and CRSC are best explained by Military.com and by DFAS. This is a hypothetical situation anyhow-and only medical evidence would reveal if your SC %s should be higher. I like Hamslice's advice: "I would file for an increase on probably all your current service connected issues."   Some ratings you have,appear to me to be at the maximum rate ,but others might well have gotten worse.   El Train made a good point- "I doubt you had the MOCA test by someone certified to administer it (neuropsychologist)" Thatis something you should check out in your VA medical records.      
  15. Like
    Top G got a reaction from Carl the Engineer in Legit Organizations To Help with Filing Claim from 90% to 100%   
    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. 
  16. Like
    Top G reacted to Carl the Engineer in Legit Organizations To Help with Filing Claim from 90% to 100%   
    Well, now, this is what I would and did do.  But, I didn't wait as long as you are.
    I would file for an increase on probably all your current service connected issues.
    I know less than nothing on the bent brain issues, so I will leave that to others.
    But, your ratings on your shoulders, neck and knees are possibly the lowest ratings for those conditions possible, and some of those ratings have changed in recent years.  I suspect you would get an increase in all of them.  I would just tell them you think they should be rated higher as the conditions have worsened.  That is what I did and got increases in all of them.  They are all rated (anything over 10) on ROM (Range of Motion).  
    I believe currently, the lowest you can get rated for a shoulder is 20%.  I claimed an increase for my left shoulder (10%) last year, by stating, the lowest rating is currenlty 20%, and they increased my rating to 20%.  Sure, I had the exam, but I don't know if that contributed to it or not as I didn't get to see the results as it was third party.
    As with most of the cases I see/read on here, there is a lot of talk about Service Reps and Lawyers, etc., but you are not even close to having to be concerned about any of that.  Hell, I have the VFW, which you would be hard pressed to prove to me that they have done anything to help me in my claims.  
    Simple,  just put in a claim for increase on all of your conditions and then go to the exams and wait it out.  I did and I went from 30 to 40 to 60 to 70 to 80 to 90 and then to 100P&T.
    Put in the claim,
    Hamslice
    Otherwise, you are wasting time.  The VA ain't going to do it for you!
  17. Like
    Top G reacted to El Train in Legit Organizations To Help with Filing Claim from 90% to 100%   
    File for an increase for the TBI and PTSD.  TBI exams are different nowadays.  I doubt you had the MOCA test by someone certified to administer it (neuropsychologist).  I had three TBI C&P exams and two PTSD exams when I filed for increases.  A lot of these two exams are very similar except the MOCA test.  https://www.mocatest.org/
    They want to separate the PTSD symptoms from the TBI symptoms (headaches, visions, vertigo, etc.).  I scored a level three on one of the MOCA test categories.  That put me in the 70% rating.  They combined it with PTSD for 100%.  They will separate tbi conditions that don't overlap.
    I had a bad PTSD C&P psyc Dr. state I didn't have TBI.  She got destroyed by the other four C&P exams.  I did file a complaint about it.  They ruled in my favor big time.
  18. Like
    Top G reacted to Berta in Legit Organizations To Help with Filing Claim from 90% to 100%   
    "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.
    However an upgrade to your PTSD and/or TBI might well establish your CRSC eligibility-but I am basing that solely on what we see here- and have no idea what your DFAS benefit would involve, how the " phase in" would have affected you.***
    This is a superb article by MOAA which reflects the concerns I have, that CRSC might be better or you then CRDP:
    https://www.moaa.org/content/benefits-and-discounts/pay-and-benefits/military-pay-benefits/crsc/
    I am putting the CRSC/CRDP chart here because it is often hard to find this under our search feature.

    "please note the following characteristics of CRSC and CRDP:
     
    CRSC
    CRDP
    Full Concurrent Receipt    
    Yes
    Yes
    Required Minimum VA Disability Rating:    
    10%
    50%
    Taxable    
    No - It is a disability payment.
    Yes - It is considered recoupment of retired pay.
    VA Individual Unemployment (IU) Eligible    
    Yes
    Yes
    Survivor Benefit    
    No
    No
    Application Requirement    
    Yes - DD 2860
    No - Automatic
    Type of Disability    
    Combat Related
    Service Connected
    Subject to USFSPA Division (Former Spouse)?    
    No
    Yes
    Retroactive Payments    
    Yes - Back to June 1, 2003
    Yes - May go back to June 1, 2004
    Claims Process    
    Must Apply through Service Branch
    Automatic Enrollment
    CRSC Eligibility
    To qualify for CRSC you must:
    be entitled to and/or receiving military retired pay
    be rated at least 10% disabled by the VA
    waive your VA pay from your retired pay
    file a CRSC application with your Branch of Service
    Disabilities that may be considered combat related include injuries incurred as a direct result of:
    Armed Conflict
    Hazardous Duty
    An Instrumentality of War
    Simulated War
    If you have questions about your CRSC eligibility, please call DFAS at 800-321-1080 or contact your Branch of Service.
     
    https://www.military.com/benefits/military-pay/special-pay/comparing-crsc-and-crdp.html
  19. Like
    Top G reacted to Berta in Legit Organizations To Help with Filing Claim from 90% to 100%   
    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.
     
     
  20. Like
    Top G reacted to Berta in Legit Organizations To Help with Filing Claim from 90% to 100%   
    This is a fairly new TBI regulation but not the one I am trying to find- however it is important:
    https://www.federalregister.gov/documents/2012/12/10/2012-29709/secondary-service-connection-for-diagnosable-illnesses-associated-with-traumatic-brain-injury
    Here it is from the VA Office of the Inspector General:
    https://www.va.gov/oig/pubs/VAOIG-16-04558-249.pdf
    I dont think all vet reps and VSOs keep up with OIG reports.They certainly should if they really intend to help veterans.
    In part it reads:
    "As a consequence of the finding in Minnesota, in May 2016, VBA initiated a nationwide review
    of initial TBI medical examinations and identified more than 24,000 additional veterans who
    may have received initial medical examinations by someone other than one of the four
    designated specialists. This led to the VA Secretary granting equitable relief to 24,842 veterans.
    Equitable relief is a unique legal remedy the VA Secretary can use to correct an injustice to a
    claimant, where not otherwise authorized to do so within the scope of the law.
    In July 2016, VBA sent letters to affected veterans informing them of the opportunity to undergo
    a new TBI medical examination and TBI disability determination, and their entitlement to
    equitable relief. Veterans had one year from the date of their notification letter to contact VBA
    and request a new TBI medical examination.
    However, it is not clear that all eligible veterans were contacted, and some veterans were offered
    equitable relief who were not eligible. This confusion was because TBI medical examination
    worksheets changed over the years and they did not always differentiate between initial and
    review TBI medical examinations, or they did not state examiner credentials. Therefore, VBA
    and VHA could not identify all initial TBI medical examinations completed from 2007 through
    2015. In order to identify veterans who had been excluded from equitable relief, VBA issued a
    policy that allowed for the subsequent identification and tracking if it was discovered that a
    claim for service connection for TBI did not have a proper initial TBI medical examination."
    The pdf is about 37 pages long and every vet advocate should be aware of this,as it was discussed here at length many times,years ago,  and these IED situations have made it as important to new veterans in SW Asia as it is and was to veterans of SE Asia conflicts.
    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?
  21. Like
    Top G reacted to Berta in Legit Organizations To Help with Filing Claim from 90% to 100%   
    I fully agree with members here who say to try to increase the PTSD rating, and I afree with El train as to trying to get the 10% TBI higher.
    VA was rating TBIs completely wrong years ago- I will try to find that info here m and they were rating TBI vets the wrong way-I dont know if this happened prior to your TBI rating- 
    And PTSD - I worked in a vet center in 1983 as a olunteer and was voted into the Combat PTSD group ( I am a civilian) and I know PTSD can get worse with time.
    I assume you get PTSD therapy from the VA or maybe from a private doctor and take meds for anxiety and/or depression etc due to the PTSD.
    Has the VA ever ( since the 30%) changed your PTSD meds to something stronger that what you took during 2009 claim?
    Do you get CRSC or  CRDP?
  22. Like
    Top G reacted to El Train in Legit Organizations To Help with Filing Claim from 90% to 100%   
    I wouldn't use any of these third parties as others have suggested.  I wouldn't even hire a lawyer to do the things that you can do on your own.  You'll get results quicker and won't have to pay them.  
    Your best path, as others have suggested is to file for an increase on your PTSD and TBI.  I've gotten to 100% PTSD with TBI symptoms on my own using these people:
    https://veteranspsychevaluations.com/
    https://ellisclinic.com/va.html
    They will take a look at your old C&P's, and medical evidence and get you the proper assessment. This is what lawyers are going to do anyway.  The VA probably lowballed you on these two things.  Hopefully you have been in constant treatment for these.
    If you have any questions about my experience, PM me.  I've been there, done that.  With great success and no lawyers dragging it on for a decade and no appeals process.  Just straight up used VA law and procedures to get my claims approved.
  23. Like
    Top G reacted to pwrslm in Legit Organizations To Help with Filing Claim from 90% to 100%   
    IMHO, if you turn over your claim to a 3rd party, you need to go over the claim with a fine tooth comb to insure that everything you want done is there. You are your own best advocate. I have seen too many problems popup because the VSO failed to do a comprehensive job, costing the Vet time and benefits. Going through an appeal process or resubmitting new evidence in a supplemental claim is more time burned that you go without any benefits you should have. 100% P&T will give you health care and educational benefits for your family as well. The reason we get results is because we have been through this before, and we know what errors we and others have made that you can avoid. Not sure if you have someone close that can help you with this, but IMHO, you are far better off doing this on your own so if you have a wife or older child who can help you, do it.
  24. Like
    Top G reacted to deedub75 in Legit Organizations To Help with Filing Claim from 90% to 100%   
    I used DAV but they really weren't much help. I filed everything on my own and used DAV because they had access to VBMS and so I could contact them and see what was going on with my claims.  
    If you're getting treatment for PTSD and it's documented in your records that your PTSD is worsening, it shouldn't be difficult to get an increase. Heck, if any of your disabilities have worsened and it's documented in your medical records then you should be able to get increases. The max you can get for tinnitus is 10% though.
    Have you been diagnosed with any endocrine issues like hypothyroidism, low testosterone, etc. or do you have any symptoms of these? It's well documented that concussions can damage the pituitary glands and cause a whole host of endocrine issues.  
    As others have said, if you don't feel up to filling these yourself then a lawyer is probably the way to go.  
  25. Like
    Top G reacted to Mr cue in Legit Organizations To Help with Filing Claim from 90% to 100%   
    I wouldn't use them call a few lawyer before you go that route.
    They do not help and are no more experience than the many in hadit. An will prolong thing more.
    I would look for a lawyer to handle it.
    Yes it does get exhausting an if you are not up to doing the work.
    I would get a lawyer.
    There are many on internet and a few on hadit have there favorites.
     
     
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