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Duster4-60

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Everything posted by Duster4-60

  1. I'm contacting you for any assistance you can give me. I am 50% PTSD and been trying to get it increased. The VA has denied my supplemental claim after a C and P exam. and are keeping me at 50%. The C and P was with VES and a Doctor with 0-1 year C and P experience. Not sure why they would depend on someone with no experience. I could tell as soon as it started it was not going to go well. The exam was teleconference ans not in person. She seem to be quite disorganize and working from a rundown office.

    I also have Migraines and opened an intent to file a claim but as of yet not summited any details, so if can advise on that I would appreciate help. Thanks Mike Walsh

    1. Show previous comments  3 more
    2. broncovet

      broncovet

      "IF" YOU think this examiner was not qualified to provide this exam, you can/should "challenge the competency of the examiner".  When the  C and P examiner renders an opinion, the competency is presumed for VA hired examiners including contractors.  More here: 

      https://cck-law.com/blog/how-to-challenge-va-cp-exam/

    3. Dustoff1970

      Dustoff1970

      The many but not all symptoms of severe PTSD I listed in my first comment are often also listed almost word for word in BVA decisions when granting vets increased in their PTSD claims on appeals.  I have over 30 years read hundreds of these successful BVA appeal decisions.  The decisions went into great detail like my first comment when approving the increase appeal and even more.

      Additionally, my successful 1999 7 or 8 page VA C&P exam for PTSD increase and TDIU also listed the in same detail the same symptoms as I stated in first comment.  The examiner copied my oral and written statements almost word for word. The exam was conducted by a VA Clinical Psychologist in charge of the Reno VA hospital MH ward. 

      I did not have to appeal as VARO granted my claim quickly.  Later I did file a CUE claim asking for earlier effective date that I won in 2003 when CAVC Judge Harold Greene said VARO committed a due process error in not granting me TDIU in 95.

      Remember that I have been there and done that.  Keep all this mind if and when you contest the VARO decision and if you appeal to the BVA.

       This comment is not legal advice as I am not a lawyer, paralegal or VSO.

    4. MilvetHD

      MilvetHD

      I've made it a practice of mine to type my C&P exam questionnaires, and after the exam I upload them for the record. As we all know, C&P exams are a hit or miss, what's not is our duty to be our own advocate. I too, take highlighted copies of pertinent records to the exam and upload those as well. So even if they are ignored initially when it gets to the fact finding process at the BVA that information is readily available. 

  2. I filed a supplemental claim to try an increase my PTSD rating from 50 to 70 %. I was requested to take a C and P exam. This was to be done by LHI. The first appointment was 45 miles from my home. I called LHI requested a change since it was too far. They offered a telehealth exam which I accepted. LHI send the information with the doctor’s name. After checking out the doctor’s review they had only one very poor review. I was afraid the exam would go poorly so I canceled. My first exam that I got my 50% rating was with a company other than LHI and had an office about 5 miles from my home. So right now I’m waiting to hear back to setup a C and P exam. I have a few questions that I hope I can get some help with. If anyone that had a C and P with LHI how would you rate their service? What would recommend, in person or telehealth? I’m 73 years old and wondering if it possible they could cut my rating? Any help or suggestions would be greatly appreciated
  3. I am planning to apply for the VR and E reemployment training benefit. My plan is to attend a college (on-Line) towards a degree in the IT flied. Just wondering if anyone has any helpful info . Thanks Mike
  4. I am rated at 50% for PTSD. I would like to file for "Secondary Service Connection for Migraine Headaches" I am thinking about doing this myself. I see lots of ads from Law Firms. Just wondering if anyone had any thoughts on the best way to file. Thanks
  5. I have a 50% rating for PTSD and 10% for Tinnitus. I would like to file for a secondary condition for Migraines. I plan on having my doctor do a nexus letter for migraines. Just wondering which condition would have a better chance for approval, PTSD or Tinnitus. Any help would be greatly appreciated
  6. I received a 50% PSTD rating. I think that is low. Submitted an Higher Level Review. Just wondering how successful this type of appeal is. Looking to get 70%. Thanks
  7. Just finished my C and P for Tinnitus and Hearing loss. And why I most likely will be denied. My appointment was made through LHI. This was June 24, 2021 and the appointment was for September 10, 2021. I called LHI and asked why it would take 11 weeks for an appointment, no answer. My appointment was for 1PM. I arrived at 12:45 to find the location at a small store front in an older strip mall, my first thought was, Dingy and Dirty. No one was at the reception desk so I called out to someone in the back. Turns out it was the Doctor who answered she was with a patient and came to the front and informed me they were out to lunch and to sit down until the receptionist returns. Needless to say she seem a bit miffed that I bothered her. The receptionist arrived and took my info and asked that I take a seat until the Doctor finished with the other patient. I waited until 1:15 when the doctor called me in. Her 1st question was “how are you doing” and my reply was “I’ve been better” she seemed to want to push the issue and I pushed back saying I didn’t know want she wanted me to say. At this point I started to feel this was not going to go well for me. She began interviewing me first about my hearing. It was pretty basic like, are both ears affected, is one side better that the other. When did I notice my hearing lost and what may have caused it. I told her about being in the Artillery in Viet-Nam for a years. I was honest to tell her that age may also be a factor. Then she started asking about my Tinnitus, normal questions like, when did it start, what it sound like to me. I explained besides being in the Artillery there was one incident of a large road land mine that blew up right in front me. I was driving a deuce and half with some replacements from Pleiku to Kon Tum. The deuce and half in front of me hit the mine and it blew off the double dual tires of the deuce and half as well bending the bed as if it was a toy. It was the loudest thing I ever heard. She took notes about it but seemed to want to know about my life after Viet-Nam. At this point she seemed confrontational about my answers. I told her I worked in the accounting department of a large trucking company for about 15 years and then computer work. Nothing in noisy areas or running heavy machinery. She didn’t seem to want to listen how Tinnitus impacted my life. She just seemed to want to find some other reason why I might have Tinnitus. She keep asking about if I go hunting or to a shooting range. Then if I own a motorcycle or loud lawn equipment. I told I didn’t but she asked a second and third time about the same thing at which point I felt she was badgering me. We started the hearing test and to my surprise my hearing was better than I expected. I don’t know if she played with the equipment but it sure didn’t feel right, but the results are the results. So I doubt I would get any rating for hearing loss. As for the Tinnitus I assume it is what opinion she puts in her report but I have little hope it will be in my favor. Overall I didn’t find her to be a very professional and wish that they had choose another doctor to do the testing. Just wondering if anyone has any comment about LHI as a contractor?
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