USCG CWO4

Does it still apply when you are 100%. I get retired pay and am rated @100%, but they are withholding until they hear from retired pay. Now I read in 38 cfr 3.750 that at 100% you are not required a waiver and concurrent receipt is not applicable. I called the DAV and he basically ignored me and told me to call my retired pay center. So which is it?

Navy04 how can they come after you after they make you P & T?

Update Just checked ebennies today and I am now 100% p&t. So I guess that's a good thing.

IN the Va letters section of ebennies under under summery letter, it states that I am now 100% and the box is checked before the portion that says "you are considered to be totally and permanently disabled due to your service connected disabilities". So does that mean what I think it means? No more C&Ps etc.... or am I wrong. I am stunned at this point and I don't really believe it. Not sure what to think. This all just happened today, I have been waiting for 2 years on this. Help me out here.

Yes I did file claims for both knees and they attached them to the PTSD claim, that's why they said it is taking so long, cause it starts the clock over. When I call them they tell me that the average time for a claim in Philly is 4 months. I just laugh and ask them why is mine 5 times the average....then I hear crickets! I call the DAV cause it's been 14 months since my first knee replacement and 4 months since my last one and ask him what is going on and he laughs and tells me don't worry you'll get your retro! Feel like all I can do is sit here and take it!

Thanks navy04, I have no expectations, it's been almost 2 years already!

Ok thank you. I thought he was blowing smoke.

In June of 2013 I submitted a claim for depression (changed by the VA to ptsd). Since that time I have been hospitalized 3 times, two times were for knee replacements and the other had to do with ptsd. My claim has finally gone to prep for decision, but I have never had a C&P for the 2nd knee replacement. So I called the DAV and let them know, cause I figured it would just get kicked back to gathering of dust. The DAV told me that sometimes they will not do a C&P exam if it was the samE Docter etc. Is that true?

I don't understand. Apply for ssdi? I have been told that I should apply for p&t because none of my issues will ever get better. If I apply for our what happens when I can go back to work? This seems like a lot,ugh.

I will try and make this short. I need advice on what to do. I have a ptsd/mdd claim still in the works since June 2013. I had my left knee replace in 2/14. Since you can only have one claim in at a time the left knee was combined with the ptsd. They are both still in the gathering of evidence phase. The last thing was requesting Service records. I have also completed all C&P Exams. I know ratings can take awhile, but I have just recently had my other knee replaced. I can not work because it is my driving leg. Now money is tight, but I don't feel like I can put in for this knee because it will start everything all over again. I have called my Dav and he chuckles and tells me not to worry I will get my retro pay. So what do I do from here. 20 months out from original claim. 12 months out from first knee replacement and now two weeks out from 2nd knee replacement. I don't want the claims to start all over again. Maybe I am just confused. Any advice.

Yes both my Doc and the C&P examiner said it was service connected.

So a year and a half ago I submitted a DBQ for MDD. During the C&P exam they said I had PTSD and I have since sent in all my paper work for that, including records etc. I just checked today and its still in the gathering of evidence stage, i was told by the DAV that they are asking for military records from the military. So I will continue to wait. My question is if they deny me for the PTSD which they diagnosed, will they then consider me for the MDD? I submitted 2 years of evidence from my private psych doctor with my claim for MDD. Also how could they deny a claim for which they diagnosed me? thanks

I take 400 mg every night. My Psychiatrist says it helps me sleep plus takes the edge off anger from my other meds. It does give me crazy dreams!

BrocnoVet, Here is a different example of why someone would vent, lets say I was diagnosed with a brain tumor and was upset. Lets say we were friends and i wanted to tell you about how this tumor was gooing to kill me. Do I expect you to operate on me or have another way to cure me? No! I would expect you as a friend t listen. Its called compassion. Unlike my example above you had a choice to read and then respond to my post. So if you don't understand why I posted then don't respond or else PM and ask me.

Two things that I want to vent about. I had an appeal that was decided in my favor back in September. Still no paper work or retro. DAV tells me to wait a couple of months and if still nothing to call them back. I have a claim in since last June (2013), did the C& P exam and the VA changed it from an FDC to a regular claim. Had my knee replaced in February. That was added to the existing claim. I had the C&P for that. In June the claim went to PFD, then back to GOE, I needed an updated HIPPA form. Sent that in back in June, still sitting in GOE. I have called the 800 number and they told me to call back every 30 days. Last time I called back the woman on the phone told me I had access to Ebennies and that I should use that to check on my claims, then she proceeded to read me what it said on ebennies, useless. I called the DAV in Sept and spoke to someone other than my nml guy and he looked into it and told me to call back in 30 days if no change. So I called back in Oct and now Nov. This time the DAV told me that it can take awhile for them to decide and that I should be patient. He then told me to call back in 3 months if no change. Hell in three months I will be past the year mark fro my TKR. He told me not to worry cause I would get retro. If you read this far thank you. I don't expect any answers and I know some others on here have had a worse time with the VA. I just wanted to vent. Take Care