Whodat

Yes this is what I am talking about. What can we do to overcome the delays? Well file a claim, gets denied. Now choose the 3 lanes. Choose the supplemental if you meet the criteria. If denied what's next? Well VA wants you to do a HLR. Bump that. Waste of time. You can't submit any new evidence. Just an argument. Go straight to BVA in my opinion. Leave HLR alone. Gives them more time to find a DTA error, order another exam or 2, get what they want such as finding a way to break the tie which a tie was supposed to go to the vet. The vet doesn't know that because the vet can not review their c&p exam but VA can. The vet is thinking when they get that letter stating DTA error, the vet thinks that it's in the Vets favor. Not. That's a tactic to order more exams so there is no tie who wins? Not the vet. My opinion initial claim. Denied. Supplemental with new evidence. Denied again. Go straight to BVA. This might beat unnecessary exams.

This is a great discussion. This bs has been going on for years. Ask Mr Cue. We are all vets and are very good at problem solving. We all have identified the problems. We can't change VA regs and laws and we definitely cannot change stupidity. But we can do research on this multiple unnecessary c&p exams by reading, researching. There has to be a way to stop the madness. We need to share our experiences. I am working on a project right now. It's worth a try.

Doctor shopping of course. I just don't understand why VA is allowed to order more exams. Hold the original examiner feet to the fire. Who is allowing the raters feet to the fire? The question is why did you order another exam? How much money does or will it cost for a new exam? But it's all in the budget. VA has already paid LHI, QTC, etc. So now if I don't like LHI results, I will send a DTA error to the vet, and contact a different company to schedule a c&p exam. Right?

Sounds like a c&p exam. In my opinion, you need to download the DBQ for mental health, research criteria for your condition and criteria. Study the DBQ. It's posted here in Hadit for criteria for 30 50 etc. Ensure that the examiner asks questions pertaining to the DBQ.. if the examiner missed something on the DBQ, if they ask do you have any questions, tell them, ie, you have not asked me about social impairment. Just my opinion.

@Kollsis this a c&p exam or with your private pcp?

When I usually use my outside providers, I usually upload it in my healthevet as well as take it to my local VAMC to ensure it's input into my VA records. But in your case, since that it wasn't reviewed, in my opinion, that should be new and material evidence. I could be wrong, others feel free to chime in.

I feel your pain and want to vent with you. Makes no sense at all. Ordering multiple c&p exams until they find the right examiner to write a better negative report and use that negative report for the denial instead of holding the original examiner. One of the new tactics for delays and denials. VA is aware that most private docs don't do DBQ's and or know that most private docs are not familiar with them. They get an inexperienced NP. We can challenge the exam VA reads the report, don't like it because it looks favorable to the Vet. So looks like VA is challenging the examiner as well. Then we get a nice letter saying DTA error. They know what they are doing. It's a tactic to buy time and shop around for another contracted company. Damn shame.

Welcome, Broken is correct. Also VA has a duty to assist. Did the VA assisted you by obtaining records from outside sources?

Even with Legacy appeals?

Congratulations for your hard work.

When I had first applied for PTSD in 2012, I was not seeking treatment from a psychiatrist, did not go to meetings etc. Just applied, proved my stressor and got a 50 rating. Now afterwards, I started treatments, classes etc, filed for an increase in 2017 and was awarded 70. My opinion, if you have your ducks in row, I would file now to avoid delays. If it doesn't work out, you can always appeal. If you wait later, you might be in the same boat as to which you may have to appeal. More time added. Just my opinion.

Filing a complaint is all fine and dandy. Keeping a paper trail is very important. Just like the examiner has to comment on VA notes and its also available for you to read, can't you post your notes as well on myhealthevet about your concerns and or treatment? I have done it before and had gotten a phone call as well as a survey. I do not see that treating physician anymore in that clinic.

Going through my old records and I am finding old crap that I should have found a long time ago. I had filed a claim in 2019 for arm and shoulder condition. It wasn't for a specific shoulder, it was for both. The DBQ shows the exam for both. Now when it asked for an opinion, why was it only asked for my left shoulder and not both? I did get service connected for my left shoulder but not the right.

Covid was the excuse, but before covid really hit, the new AMA was in effect, I do believe 2019. The plan was to exhaust legacy and modernize the new system. How did that work out? Legacy was supposed to be completed by such and such date. AMA was suppose to be better and faster. Oh snap. Covid. Can't meet legacy timeframe but legacy has to go. Now that delays AMA. What are we gonna do now? Let's deny legacy force legacy into AMA and oh, that will allow us to handle the earlier AMA with less backpay and then we will focus on the ones that started with legacy that we had denied before and forced to take AMA. By that time they should be taking their dirt nap.

And here is another issue with the VA and my records. Apparently someone was lazy and did not do their job and did a copy and paste. I am a 70 year old, gun shot, and burned. Not me. Now my records shows that about me. If I file for an increase for that will I get granted? Maybe because VA uses control search. In my records instead of reading my records. I would never do that because of my integrity. But I am scd for something that's not true even though all is a zero rating but now it's in my records. Gotta love technology and lazy.

Not trying be negative at all or shoot anyone down.i did a legacy appeal mar 2018. Dec2020 assigned to a judge. April 2022 had the hearing. As of today, still waiting for a decision. Some appeal get done quickly, most take over 5 years.

Well, I was always told to be honest with your doc. I did. Told them after combat, I dranked a 12 pack a night. It was put with PTSD, alcohol abuse. I also told them is this is one of the ways I have self medicate being that medical care took so long. It's in my medical notes. I have self treatment for alcohol abuse. The doc which is in my records stated that I do not meet the criteria for an alcoholic. I did not need treatment. I volunteered for 8 weeks of counseling through VA. Got the certificate of training. VA still label me as an alcoholic but says I don't need treatment. As of today, I may have a beer a week. But I am labeled still as PTSD with alcohol abuse. So if they recognized this, and I get liver damage, they was the one to make the medical decision with alcohol abuse from combat PTSD, shouldn't I get compensated? Yes.

This is a great topic. This is how we all learn. I haven't thought about it as well but I had retired in 08. I only was getting 10 which came from my retirement which was taxable. 2012 I went from 10 to 60. Did get a backpay from VA but no backpay from dfas.

Greetings, I had the same situation . Now once I got above 50: I had applied for crsc and I did get retro. Did you apply for crsc?

Greetings Hfloyd. To better answer your question is to Google VA presumption list. Now if you have any of those symptoms or conditions on that list and if your primary care team or specialty Doc can link it to exposure, or you can prove that you were exposed, then you might have a valid claim. I have chronic sinusitis. I have deployed multiple times. Chronic sinusitis is on that list.

You got that right.

That was the question that I was going to ask. Did you file for the increase or did they take it upon themselves to schedule it for you? Was it one of those reval exams after so many years? I agree with MrCue. If you didn't apply for an increase, you need to withdraw and clarify that you are applying for A&A.

Congratulations Vanilla. Well deserved. I do see that you were denied sinusitis. That should have been part of PACT. Even you are in the Hundred club, keep trying for a higher percentage. You should be good for A&A.

Cool beans. Great information.

@Sgt. Wilky great answer. In my past experiences, I had an open claim and then decided to file a new claim on top of the open claim. The open claim was delayed being that VA wanted to combine both together. Did not mess up the effective date, but was a little delay. But I do agree, file asap being that lots of vets are in the same boat.