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Everything posted by qwiksting

  1. Thanks berta, I filed that 2 years ago and they, the Army brought me back in service to medical me back out if that makes sense. They medical me out with 50% permanent retirement. The ABCMR granted partial relief with the "The army brought me back in to medical me out". I am waiting on uspda to complete this process, in which the ABCMR told them that if I were found or should have been medically retired in 2006, To Void that (2006) discharge and to issue a new dd214 with may 2006 medically retired, entitled to all backpay and or allowances. So I have to apply for crsc, when uspda issues a new dd214, and you may be correct, it may well be a dd215, as I received on when I was awarded CAB,Bronze star in 2010, 4 years after my discharge. Confused yet? :)
  2. I don't think I can apply for crsc yet…..not until I have new and improved dd214 with a discharge date of May 2006. I am curious as to how that will be handled now that I was granted TDIU.
  3. Thank you for your kind words….its been a long time coming….since 2006. At least I get backpay
  4. Thank you!!!!!!!!!!! Thank you Had it Tbird, Hoppy and Carlie!!!!
  5. Don't know where to start, except by Thanking Hoppy,Deanbrt,Jbasser,and Berta. I will go backwards in what has happened so far. I checked E benefits this morning to find my claim had closed. So I checked the letter generator, and sure enough, it looked different with commissary and deers stuff. So i checked summary of benefits and I was unemployability, although I am 80%. I filed unemployability last September. I was granted SS Disability last November. I was medically retired from my State job in December. Also, I was brought back in the military because of error in discharge on the military side. I was released back in 06 from the army due to ptsd. So fast forward to May 13, I was put back in to complete an MEB/PEB. Because of the time (06) the military used the Legacy system instead of IDES to medically discharge people. I fell in that category. Monday I was notified from Ft. Bliss that the Army was offering me a 50% retirement tax free because of combat incurred and related. So, all said I was granted everything from the ABCMR to Army retirement backdated to 2006 to SS to VA unemployability to state Retirement. Thank you from a confused, pissed off soldier that listened and read…."Do not give up"…and I didn't, and with the help from this Forum board and advice from the moderators/elders I prevailed. Thank you to everyone who commented on my silly rants and questions…Thank you everyone.
  6. Yep, I suffered the same fate from 2008-2012. Requested DRO, they sent it to BVA..BVA sent it to AMC…amc sent to BVA. BVA found in my favor (thank you Hoppy) BVA sent to RO..RO grants a 0% rating. I appealed that.
  7. Thank you sir for your reply and template. I appreciate the help and replies. I am researching the CFR and this board.
  8. Can a prescribed VA medication for a SC problem anxiety (quetiapine) which aggravates a Non Sc problem (hyperlipidemia) to the point of Arthelscosis or CAD which led to a HA be claimed as a secondary to the SC problem. I am linking the side effects from the FDA: http://www.fda.gov/downloads/Drugs/DrugSafety/ucm089126.pdf I am not trying or looking to nickel and dime the VA, but……I am sick and tired of being nickel and dimed by the VA on claims that had to go to BVA (4 yrs) and was granted and another one that took 10 years to get SC. the 10 yr problem is because I gave up. It was my first dealings with the VA. I know an IMO/IME would be needed (nexus)
  9. Thank you for your reply, and no it doesn't sound cold. I only know of this man from the C&P MH IU (21 Feb 2014) exam. It took about 3 weeks or so after the exam to get the report. It just was so weird that, the day after he finished and signed my report, he died. The day after he signed his report, I did fill out a 21-4138, in trying to clarify something he said that I reported to him which was overblown,out of context. He used this to justify his opinion. He reported that I drank 3 or 4 times a week and each time I had 2 or 3 shots to calm down. He said that my previous C&P MH (6 Feb 2014) differed from that answer of "drinking in the last 6 months". Partially true, but to be more exact, I had reported to him I drank 3 or 4 times in the past 2 weeks, since having MH C&P's so close together and having family issues. He reported that my Ptsd alone does not preclude me from some tip of limited interaction/ low responsibility work. He mentioned something about the alcohol and not being rated secondary at this time. I still am shocked that he passed. Yes, I didn't agree with his report and I did upload the rebuttal to the report via E benefits in hopes of clarifying that and a couple other administrative errors on the report. I uploaded the form on the 12th. I really don't know what the criteria is or was that was used. I am not a good advocate of myself while stressed.
  10. I was reading through the local newspaper this morning, drinking coffee, and contemplating my Claim, when I read the news of the death of my C&P examiner. He died the day after signing my C&P exam. I was shocked, felt bad for his family. He was 61 or 62. Although I did not receive a favorable report from him still it bothers me. It was very….coincidental, ironic and still can't believe it. Just my thoughts.
  11. I think I found it, but maybe someone can chime in §19.53 Restriction as to change in payments pending determination of administrative appeals. If an administrative appeal is taken from a review or determination by the agency of original jurisdiction pursuant to §§19.50 and 19.51 of this part, that review or determination may not be used to effect any change in payments until after a decision is made by the Board of Veterans' Appeals. I don't think this is the answer either….
  12. I have a question, if anyone has had this happen or know the answer. I have looked all over this board for an answer, and I looked in the CFR for the regulation or law for an answer but I figured there was so much knowledge and experience here I would ask. I just couldn't find the answer. If a claim for increase was denied at the RO, and a timely NOD was filed, the veteran would get a SOC and an option to appeal to the DRO or straight to the BVA. If in the process of the appeal at either one, can the VA propose a reduction in rating of the item that went to the appeals process.
  13. Thank you ketchup, your words are encouraging. I am feeling really down about this. I am already stressing over other problems and now the examiners words just keep running through my mind. In my world, the Hard things get approved, and the obvious things get denied. I was awarded 70%ptsd back in 05, but denied stomach ulcers with esophageal reflux, even with hard evidence it existed. I could not win that without Hoppy. It ended up at BVA and was there about 3 1/2 years. I was eventually awarded 0% by the RO when it was handed back to the from BVA. i am in appeal still on that. I applied for SS Disability and was granted that in 4 months, 1st time. State medical retirement took 6 moths, but approved. Now this…IU, going on 7 months, which is not long compared to others (not complaining), but the exam looks really bad. This is what my MH Dr. wrote on 14 Feb, a week before my IU exam. Dr.MooreClean.doc
  14. Yea, fast like the last denial I got. I ended up wining at BVA, but that took 4 years and ended with a 0%. That is in appeal now. The examiner basically said alcohol was making my problems worse, and that I could drive to my c&p appt and get food when necessary so I should be able to find work, even though I am on Social Security Disability now.
  15. I have posted a few topics here about my situation. Maybe it can help other Vets by reading what is going on with me. I had a C&P for IU due to ptsd on 21 Feb. It was submitted to the RO on 10 Mar. My claim on E benefits was at Gathering evidence until today. It went to Prep for decision. I am not too sure what that means, maybe the rater is looking at it?? I just find it odd that it was signed by the examiner on 10 March and today it is at prep for decision a day later. I did get a copy of the report and would post it, I don't know if that is proper or not. I read the report and it appears that I will be denied IU. It also appears that based on the CFR, I will be reduced from 70% to 30% rating. I filed IU at the same time I filed Social Security and State medical disability. I was granted both due to PTSD/anxiety and medications. I was lucky enough to have a MH provider and PCP that filled out the paperwork stating I was unemployable due to severe ptsd. In fact, my MH provider went so far as to wrote a paragraph in my progress notes that I am unemployable due to ptsd. So the moral of this is, I do not believe that the RO looks at anything except a C&P exam. He more than likely will say he reviewed all available evidence, SS,progress notes, evidence the veteran submitted. But the bottom line is it all falls to the examiner. The examiner was very nice and helpful, while in the exam. I believe he overstated alcohol use. I felt the way he wrote his report, that he said I was not being honest with my MH Dr. by not reporting drinking. I submitted a statement on E benefits to support my claim, although it may not make a difference now that it is prep for decision. Attached is what I submitted. I had one day between the C&P being submitted to RO and today, so I tried to get my side of what I said to the RO. Maybe I should not have done this, but I feel a denial so… I guess I don't know how to upload a file, it say cannot upload that type of file. Re buttal clean.doc
  16. I read a post on here, that someone had a similar problem with the C&p examiner not reporting it correctly. I think I read where the veteran sent in a statement in regards to the C&P exam on E benefits to support his claim. I think maybe i should do the same, re stating what I told the examiner about drinking. Is this advisable? to submit a statement about the C&P examiner focusing on alcohol abuse and contributing it to my "exacerbated symptoms"when that is not the case? It is more or less an overstatement by the examiner. Should I include my most recent progress note from my MH Doc stating that in his opinion I am unable to secure gainful employment?
  17. I had a IDES C&P in Gainesville on 7 Feb then had an I/U C&P on 21 Feb. I started the I/U claim the same day I started Social Security disability claim. Social Security granted benefits due toPrimary cause Anxiety (ptsd) secondary cause Myochardial infarction. The Army Ides VA claim was for PTSD. It appears from the write up and boxes checked that a 30 % rating The I/U ptsd write up looks to be 30 % rating. The I/U C&P examiner stated that alcohol was reported 2-3 shots of whiskey 3 to 4 times a week to help calm me down. He also stated the from the IDES C&P I reported not drinking in 6 months. He misquoted what I told him about drinking. I told him since my Ides C&P, with the stress of the C&P's along with family problems I had had 3-4 shots. He also said that alcohol abuse was basically keeping me from working. He distorted the hell out of what I told him about the alcohol use between the 2 C&P exams within 2 weeks. He stated that Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational task although generally functioning satisfactorily with normal routine behavior, self-care and conversation. The confusing part is where it says criterion G: The Ptsd symptoms described above cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. In his opinion, he stated alcohol is exacerbating the ptsd symptoms. He said the veterans ptsd would significantly improve if he abstained from alcohol. He stated in his opinion the the veteran should be able to secure gainful employment whether it be sedentary and away from people. Basically his report was that I should be able to hold down a job if I don't drink. I take issue with the alcohol part of his report. I did report that I did have a few shots to calm me down, but that it was only after the first C&P that was so stressful that I did that. That was on Feb 7. This C&P was 2 weeks later. He is saying i drink excessively and thats the reason I am not currently working. How can I fix this mis statement from the C&P examiner? I was granted SS disability, State of Florida medical disability based off of PTSD and the medications I take for it. Now this guy is basically denying I/U.
  18. Thank you for the advice. I am planning to bring what I have to the exam.
  19. I called the VA and was told they requested my ss records on 31 Jan. SS told me the other day that no request was made. What do I do
  20. Thanks for the reply, I was just thinking about the true or false test again. I hope i don't have to read through all that again….
  21. I am reading over this topic, and I am nervous/anxious. I filed TDIU in September. I had to secure some forms for my State job for medical retirement from my civ job. My VA doctors filled them out and stated "Severe limitation of functional capacity; Permenantly incapable of any kind of work; Totally and permanently disabled from gainful employment". Actually 3 different VA dr filled this form out. 2 MH and my primary care. "primary disabling condition is ptsd". I turned this in to my state employer and also filed for SSD. I was granted both. I filed for tdiu at the same time, and next week I have a C&P. I don't know what to expect as I don't feel that good. Can anyone give me an idea how bad this exam is going to be? The VA knows I was granted SSD, after I called them and told them. E benefits shows that they are waiting for a "benefit confirmation" I think that is SS??at least that is in the box that says"what we still need".It says the request went out on 31 january. I printed a letter of SSD verification to give the examiner. I called SS and asked if they sent VA anything on me and the man told me no. Does it take long for SS to send something to the VA? Sorry didn't mean to hijack this thread. I can start a new one.
  22. C&P was set up that far away because it was a railroad job. Results are back, prognosis not good :(
  23. I have something else to say, although this doesn't pertain to the thread…... I want to personally thank the Vietnam Vets for the war they raged with the VA to get all of us here…this far. Without them forging a way, a path, we would still be begging for scraps. Thank you from an OIF vet!!
  24. I would reply this way but this is me. Get off of your backside and go across the hall to your lunch buddy and ask for a status. Have that status to me the same day you ask or I am contacting your National Headquarters. Your a VSO and are representing Veterans. You are acting like you work for the VA. Well I guess you do get free rent. Plus on this, especially the DAV!!
  25. OHH I don't think I can make another 5 hour trip to get that. It was hard enough the first time. I wonder if I can go to my local VA here and get them. I have had C&Ps here before and was able to go to FOI a few days or week later to get a copy of C&P. It sucked having to drive that far for a MH C&P.
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