Whodat

The VA is using every excuse they can. First covid, now PACT. I have been in legacy appeal since 2018. Finally got sent to the judge 2020. Had the virtual hearing April 2022. It's almost April 2023, still says in decision phase. As we all know, there is no urgency even though VA stated that they hired more people. To do what, collect a paycheck to say that the unemployment rate at it's all-time lowest?

https://www.military.com/daily-news/2023/03/23/va-secretary-swats-down-idea-cut-va-disability-pay-wealthier-vets.html Fyi

I think that you need to get visibility of the c&p exam to see what the examiner had written. By your records you may qualify. But what the examiner wrote may say otherwise. I have not done a c&p exam for hypertension but by reading, you were supposed to have 3 different readings 3 different days. Did that happen. I do have hypertension, my PCP had issued me a machine and I have to record twice daily. My PCP uploaded my results in my doc notes. I average 160 over 100. I am on meds.

Applause to you. Good for standing up fighting on your feet instead of dying on your knees. What is troubling me, I know that we need a nexus for a claim in order to get service connected. Where I am bamboozled at that if a vet is over 50%, they get medical treatment from their VAMC right, so if the Vet gets all of their treatment at the VAMC, shouldn't that be some type of nexus if they had an event or injury while in service?

Amen brother. I had to do the same.

@Rattler. See this is where I am lost. I feel the same way about my dad. He retired in 91. Nam vet. I was told that if he did not file for PTSD within a year after leaving service, then his EED will be the date that he had filed a claim for PTSD. In 91, I don't think that it was called PTSD. Same as the recent case where the Vet had challenged the VA on an EED. Although he did not file within that year timeframe after service. That case did not fly. So looks to me, even though Vets have a diagnosis and event or injury while in service, if the vet did not file within that 1 year, then the EED is when the vet filed. If it's 10 or 20 years later, the vet is sol on eed

Well I am 53. Just wait. Pain will get worse even in the big toe bone.

Great point @jamescripps2. I think that my hypertension is one of the triggers for my headaches. I think also my chronic sinusitis is also a trigger as well. Trying to get my doc to state that.

Well congrats that you had gotten service connected for Hypertension. Now let's think about this for a moment. Do you meet the criteria for a higher rating? Did you get your c&p exam to see what was written? Did you have 3 c&p exams for hypertension? Are you prescribed medication for hypertension? These are the things to look for so that we can appeal the decision. Research hypertension ratings for VA disability and see if you meet the criteria, if so, appeal the decision.

Thanks all. He is 70 years old. Trying to help him as much as I can. But at least his foot is in the door.

Thanks Pacman

So I am helping my dad which is a retired AF combat vet. I did help him get to 70 in 2012. There are some things that he had in his records that should have been filed when he had retired but never did like his TBI while in service. If I file that claim and other conditions that he has never filed for, will his EED be from the day that he had retired or from the date that he had filed. Again he did have a diagnosis while in service.

I don't think that anyone can get any type of retirement for 10 years of service. You were medical retired before 20 years of service sounds like to me. Now if you meet the requirements for military retirement then yes you would get both. I could be wrong.

Very true. Just depends on the breakdown. If you are at 85 to 90, you need 50. If you are at 93 to 94, 10 may get you there. I am at 89 so I need 50.

True. If you are at 90, you need another 50. I am in the same boat. It is hard but can be done. Try for an increase on sc conditions. Look at secondaries to sc conditions like sciatica, depression, osa.

I agree with Shrek. Look it's like this. We all at some point was afraid of something or someone. I bet that you were afraid day1 in basic training. But we have overcome our fears. Go for it. I don't think that you will get a reduction but if one is proposed, appeal it. You will still get paid the same and we all know how long appeals take.

Wico, I am sorry for your bad experience with your exam. We all have been there. I am not a VSO or an attorney but I do suggest searching on HADIT and Google on how to challenge a c&p exam. It would also help to study your decision letter, why were you denied? What evidence was used for the decision.

Well he stated that he first filed in 2009. Denied, then he stated he appealed. My question is did he stopped at BVA level or did he take it all the way to CAVC? Now he filed again in 2015 as a secondary to PTSD/diabetes. Denied again. Did you appeal that claim or did you just let the claim close. If did not appeal within a year, the claim is closed which effects the EED. Now the PACT was signed in August 2022. If you was awarded 10% or more, your effective date is August 2022 but you got 0%.. Really don't know the situation but sounds like you were service connected under presumptive condition.

Why do an HLR? Why not challenge the C&P examiner? If you do a supplemental claim to challenging the qualification of the examiner may result in a new c&p exam which could be favorable. Study your decision letter carefully. HLR's are a waste. You can not submit new evidence.

Well if you meet the requirements for a higher rating, you have 1 year to appeal.

That's a great story. It almost sounds like my situation. My dad served in the USAF for 20 years and after his retirement in 90s, I finally convinced him to file a claim. He didn't want to do it because of all of the paperwork which he did not have. I have did all of the leg work and on his first shot, we got him 70 which was good. The paperwork issue was a challenge because he did not have them but I must say that the VA did a good job by getting most of it. Now I am filling more claims for him because we did file things like his tbi which happened in service. Now it's hard for us.

Bronco is right. Now I was denied a claim for the same. Lack of continuity. Now what does that mean? Well I never ran to the doc for little things. But it doesn't mean that I had did self treatment. You can fight BVA on that one. A statement of support of claim may help you as well as a buddy statement where the seen you do self treatment. Even your family members. Now if BVA denied you, go higher. The good thing is that your lawyer fee will not be coming out of your backpay. That's where EAJA comes into play.

True but todays people are already struggling. I will not be the cause for someone to lose their job. So I just left it alone.

I hear you, and I believe that it does work without long delays. It's just the fact that all the work that we have to do to get benefits. We do get progression in a long run. Just makes VA job a little easier and more time for online shopping while on the clock. I seen it. I had witnessed a VA rep at my local VAMC car shopping online.

If all of your treatments are done at your VAMC, it should already be in your records. Why submit something that is already there. Now outside of VA care, yes submit it. Even though the VA was suppose to assist by getting records from outside sources but we all know that today's people are lazy. Wants more pay but do not want to do for what they are getting paid for to do. So yes, make it easy for them by you doing all of the leg work while they are getting paid to push a button that says granted or denied.