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

You served just like everyone else. I also feel/felt the same way you do. Physically the years have taken their tole on my body and I am haunted by some of the things that I saw. That does not make me better or worse than any other veteran. I have never been looked down on by another veteran and everyone has been very encoouraging, especially on this forum. Don't give up, sometimes in life we have to fight for what is right, whether it be for the country, our family or ourselves. You are worthy and you deserve help just like the rest of us.

WOW thats great news! Its amazing that sometimes they can get stuff done very quickly. Congrats and take care

I filed an FDC claim for MDD in june of 2013. I had my knee replaced in February of this year. One claim was joined to the other and then at my C&P exam for MDD they determined I had PTSD and changed my claim to that. So 15 months after my initial MDD claim and 8 months after my knee replacement (which is 100% for 13 months, so I understand) I am still in the gathering of dust (evidence) stage. So in my uneducated opinion, yes I think it may slow everything down. At least in my case it appeares to have. Take care

I had my knee replaced in February of this year by a private physician. I provided the VA with the OP report and have had a C&P exam for it. It still sits in the gathering of dust (ev idence) section and I have no hope for it being complleted anytime soon. On a good note they will owe me a nice chunk of change when it is all over, but that is not the point. The 100% is supposed to help while you are recovering, getting a big check a year or so later seems like the consolation prize. A word of advice...stretch, stretch, stretch and do exercises before the surgery. Its not that bad but you have to be active afterwards, use the knee! Best of luck!

I have been thinking about doing this also. Nothing I have is cureable or will get better, only worse or stay the same. I am currently at 90% (85.7%) and just had my knee replaced, the other is not far behind. My fear is getting lowered somehow and not getting P&T. I had one guy from the DAV tell me to put in for it and when I did the counselor I was assigned to looked at me like I had two heads, so I withdrew my request. I also have only been rated for two years but do have 30 years of medical evidence. If anyone has experience with this let me know and I will send you what I am rated for, I would appreciate feedback.

It was done by a private doctor. So I have to get something saying I was to convalese or I won't qualify, even though I had the same surgery as everyone else.

I recieved a request today concerning my TKR that I had in February. It states: " We received surgical report for your left knee. In support of your claim for temporary 100% evaluation, we need medical evidence showing you received medical treatment for a service connected disability which required a convalescence period of at least one month, or hospitalization of at least 21 days". I was originally rated for my left knee for DJD; which was also stated as the cause of the knee replacement. The surgical report clearly states that they replaced my whole knee. What are they looking for? Somthing that says a knee replacement requires 30 days convelesance? Isn't that standard? Anyone else run into this?

All those in favor of changing the tab "Gathering of Evidence" to "Gathering Dust" say Aye! Have great Day!

I have been waiting for a year for retro for dependants in college. They keep saying that they don't owe me retro and i keep telling them they do. Kinda funny at this point, i know I will get the money some day, just not today. It is frustrating that when you tell them this in writing with proof, they hit a button on their computer and it say everything is good. I have also gone back to the CG, they do my audits, and gotten proof from them. I am in the process of putting it all together again and having the DAV do what they can. So to answer your question, I share your pain.

They changed my FDC for depression to PTSD and I have completed my exam. I though this went as well as expected. If I wanted to get an idea of where my rating would fall, what part of the exam should I look at? I don't want to post the whole exam here, casue some of it is personal, but I can put some of it up if it would help. I believe that the following from the exam proves the connection. This would be consistent with Veteran's report of symptoms beginning following his investigation into the suicide of a fellow service member. His further exposure to dead bodies and suicides likely served to exacerbate his symptoms further, including the exposures following his military career. Therefore, it is more likely than not that Veteran's symptoms are caused or exacerbated by his experiences in military service. [X] Occupational and social impairment with reduced reliability and productivity There is a ton of other stuff but not sure what is applicable Thanks Bob