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USMC_HVEQ

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  1. Thanks
    USMC_HVEQ got a reaction from Rocket1949 in Ptsd Reexamination   
    I can try and shed some light. This is more than likely a re-examination. I've had a few, some with asking for increase and others just with time. They generally want to know how your conidtion has been since the last exam, not going to ask the prior stuff again. they want to know your current symptoms, issues, social and occupational impairment. Remember they are generally compensating us for occupational impairment more than quality of life in my opinion. They want to know if you been in treatment, or why aren't you? any problems with law or courts? any violence issues? suicide attempts or sudicial idealation (thoughts, plans)? homicidal thoughts? any work related issues? lost jobs? moved to different departments? unable to work? not on meds? or on meds and they causing issues? I hope this isnt coming out rambling. Hopefully it is making sense. You will not have to go into prior to your last exams expereiences. They will ask if you are still experiencing things from whatever traumatic event or events that you have given them. they will come up with their own diagnosis and depending on what they decide, if you have no treatment notes or other diagnosises, your rating will be based upon their report.

    In theory, you've had 70% so that is usually the highest you can go and still work. Most at 70% have issues and then they usually apply for TDIU, which pays you 100%. If you go that route, they will want to know why you cant work and what not. Essentially the VA is looking for this examiner to make an independent judgement to confirm your case. They will study everything about you on this exam. Your speech pattern and speed, tone...eye contact, emotions or lack of emotions. It more than likely will be an hour or so. if you have nightmares, they will ask frequency. if you have panic attacks, they want to know about that. Social isolation? lack of interest in things you used to enjoy? any issues with care or hygene? any trouble with financial issues? any alcohol or drug issues? like are you self medicating or are you an addict or alcoholic....I'm trying to lay out as many scenarios as I can rememeber. They are judging you, that is what the appt is about, just know this going in. I would look at the 70% criteria and your previous rating report to refresh memory. Maybe new things have popped up or old things got worse? if things improved significantly they will look to reduce. just becasue you had 5 yrs doesnt lock in the rate. actually it has to be 20 yrs at the same rate for it to normally lock in sort of unless outright fraud, I believe.

    are you angry easy? road rage? snap at wife or family memebers over seemingly no reason or petty reasons? try and mention any of these if they apply to your situation. I would write it down in bullet format for yourself to remember. They will ask for details and what not about many different situations. They will also assign a GAF score that usually will support a certain percentage, but that isnt always the entire case. The totality of the record as well, since last exam. I would also mention how this has impacted your life, hammer it home.....

    okay I will stop there. I rambled, sorry about that. Hopefully I provided something useful or at least got the ball rolling for other comments that may help.

    I wish you luck in your quest for inner peace. I would recommend group and individual therapy and medication if possible...worst case you at least try it?

    semper fi
  2. Like
    USMC_HVEQ got a reaction from VetDeniedSince1980s in OMG, I am FINALLY PERMANENT!!!   
    congrats Navy04 on long overdue win...continue to help all these others with everything you have learned in your own process.
     
    Yutt
  3. Like
    USMC_HVEQ got a reaction from Pete53 in Ptsd C&p Exam Scheduled - General Questions   
    well devil,

    good to go on doing your due diligence. You need to look up the criteria for each rating. Yes they will go into depth about Stressors. Since you were in Iraq and most likely got a CAR being a grunt, no need to worry about confirming everything. They will go into your background growing up, family life etc.

    They want to know how you were before Iraq and how you are post Iraq essentially. The C&P is a confirmation usually of what was diagnosed.

    The percentages for diasbility are based on the severity of your symptoms. It isn't about oh you saw more then someone else or less than. Merely having diagnosis is a start but then you need to look at what your symptoms are.

    They will go in depth on each symptom as well and ask for examples. The exam will probably be an hour or 2. THey will be judging everything about you ( , remember this. How you talk(fast or slow), eye contact (yes or no), language(curse or whatever), body language, demeanor, how you are dressed, how you are groomed, emotion (angry, cry, no emotion) just a few of the things I can come up with off the top of my head


    they want to know work history (lost of jobs or lost time due to PTSD)

    My list to go over:
    panic attacks (frequency)
    Irritiability
    No longer enjoy/Lost interest in things you once used to enjoy
    Suicide attempts or thoughts
    Homicidal thoughts
    Road rage
    Issues with crowds?
    Sleeping problems
    Nightmares
    isolating yourself?
    numb or detached feelings?
    anger problems
    any issues with cops (being called, restraining orders, Jail, probation, etc)
    easily startled at all? 4th of july effect you at all?
    Issues with hadjis?
    Anxiousness?
    need things done certain ways, almost OCD like?
    minor things set you off?
    depression?
    weight gain or weight loss?
    self medicate with alcohol or drugs?
    risky behaviors?
    ANy issues taking care of yourself?
    any issues handling your own finances?
    any education? (like finished school or went but dropped out)



    The VA diability compensation is mostly for losing ability to work more than quality of life. So if you are working that effects the level they grant you as well.

    I hope I helped a little. I will chime back in when I can think of more things.

    S/F
  4. Like
    USMC_HVEQ reacted to rootbeer22 in My C&p For Sleep Apnea Secondary To Ptsd Went Bad.. Doctor Was Crazy.   
    oats;

    So sorry to hear about this and it seemed like you had your ducks in a row? I have a severe case of OSA and know that it really sucks to have it. I'm sure that it will eventually go your way in the future.just keep working on it..by the way would you share how much the D Anaise letter cost you?. I'm considering using him for something else in the future...
  5. Like
    USMC_HVEQ reacted to TexasMarine in Example Of Social Security Award Payment Letter   
    Yes. SSDI effective 2005, Medicare effective 2007. Unenrolled immediately from Part 'B'. VA medical care only. No effect, except the savings on the premium for Part 'B'. Have thought about reenrolling since then, and could not find a single reason to do so. VA bills Medicare for what they owe. I've not received a single bill other than co-pay for medications from the VA.
  6. Like
    USMC_HVEQ reacted to pacmanx1 in Example Of Social Security Award Payment Letter   
    I went searching for opting out of Medicare and this is what I found.

    http://www.dummies.com/how-to/content/how-to-opt-out-of-medicare-part-b.html

    How to Opt out of Medicare Part B By Patricia Barry from Medicare For Dummies Copyright © 2014 AARP. All rights reserved.
    You need to think twice about saying no to Medicare Part B coverage, even though it costs a monthly premium to use it. (If that amount would be a hardship, you may be able to have the premiums paid by your state.) It’s an important decision you need to make during the enrollment process — especially if you’re signed up automatically — and you should be very clear on how to deal with it according to your situation.
    There are situations when opting out of Part B is okay — in other words, not likely to cause you any regrets (or cost you money!) in the future — and when doing so may cost you money or cause other problems.
    Bizarrely, the rules are different for people who have Medicare because they’re 65 or older and those who have it at earlier ages on the basis of disability. So look separately at these two groups to know when people in each can confidently turn down Part B.
    Know when to turn down Part B if you’re 65 or older In general, when you’re 65 or older, you should decline Part B only if you have group health insurance from an employer for whom you or your spouse is still actively working and that insurance is primary to Medicare (it pays before Medicare does).
    In this situation, you can delay Part B enrollment without penalty until the employment stops or the insurance ends. So if you’re not yet drawing Social Security (or railroad) retirement benefits, just skip signing up for Part B.
    Or, if you’re enrolled automatically because you’re receiving those benefits, you can decline Part B by following the instructions that Social Security sends you in the letter that accompanies your Medicare card and meeting the specified deadline.
    Opting out ensures that you don’t have to pay Part B premiums or, if you’re receiving retirement benefits, have them deducted each month from your Social Security or railroad retirement check. But of course, if you prefer to pay for both employer insurance and Medicare coverage — and that’s entirely your choice — go ahead and enroll (or stay enrolled) in Part B.
    One group of people is especially prone to turn down Part B without giving it adequate thought: people age 65 and older who are in same-sex marriages or domestic arrangements with people of the same or the opposite sex and who are covered under health insurance from their partner’s employer. If you’re in either of these situations, you need to find out exactly how current law applies to you.
    When to turn down Part B if you’re under 65 In general, if you have Medicare based on disability, you should decline Part B only if
    You have health insurance from an employer for whom you or your spouse actively works, and the employer has 100 or more employees.
    You’re covered as a family member on somebody else’s group health plan at work, and the employer has 100 or more employees.
    What does family member mean? It means that the employer providing this insurance regards you as eligible for health coverage based on your domestic relationship with an employee — even if you aren’t formally married to that person and even if he or she is the same sex as you.
    When turning down Part B at any age is risky Regardless of whether you have Medicare based on disability or age, you should definitely enroll in Part B (or not refuse it) if you have health insurance that will automatically become secondary to Medicare (it will pay after Medicare does) when your Medicare benefits begin. This includes the following:
    Health insurance that you buy yourself on the open insurance market and that isn’t provided by an employer
    Health insurance from an employer with fewer than 20 employees (if you’re 65 or older)
    Health insurance from an employer with fewer than 100 employees (if you have Medicare due to disability)
    Retiree benefits from a former employer (your own or your spouse’s)
    Health benefits from the military’s TRICARE For Life retiree program
    You should enroll in Part B coverage in the preceding situations for a very good reason quite apart from the possibilities of late penalties down the road if you don’t. When Medicare is considered primary coverage, it pays your medical bills first.
    So if you’re not enrolled in Part B, you run the real risk of having your insurance plan deny any claims that Medicare could’ve paid — from basic ones like doctors’ visits and lab tests to major ones like surgery. In other words, you may face having to pay the entire bill.
    Worse, if your own insurer takes a while to realize that you haven’t enrolled in Part B, your plan may even ask you to pay back all the money it has spent on your medical services since you became eligible for Medicare.
    This kind of thing doesn’t always happen. For example, if you’re a federal retiree and receiving health insurance from a plan in the Federal Employee Health Benefits Program, you aren’t required to enroll in Part B.
    When deciding whether to accept or decline Part B, finding out whether Medicare would be primary or secondary to any other insurance that you have is critically important.

    Hope this helps


  7. Like
    USMC_HVEQ got a reaction from Matthew Hill in I Am So Incredibly Lost   
    Welcome,

    You can certainly apply for an increase in your PTSD. you can apply online VONAPP application or eBenefits, I think. There are new forms required to fill out now then in the past as I believe they were trying to remove ambiguity. You will need to consult the higher criteria for 70% or 100% on the PTSD to see if you meet either of them. They will ask about what has happened since the last VA rating. They will not be covering what has happened since your last C&P for PTSD.

    TDIU-is Total Disability Individual Unemployability. This you for not being able to work due to your disability or disabilities and you can't work. you have to show them you cant work, rather than just not wanting to work. If you get SSDI due to PTSD, then that should definitley help your case towards TDIU if that is the route you are going.

    P&T=Permanent & Total, which is usually added to TDIU if your disability has been static for 5yrs, usually. This is generally harder to attain as no future exams are required and other benefits are attached.
  8. Like
    USMC_HVEQ reacted to georgiapapa in Shameful,no More Donating To Wwp For Me.   
    I donate to Fisher House Foundation at www.fisherhouse.org

    They help veterans and their families. Check out their ratings on charity navigator.

    Although they are not officially a charity or tax deductible., I donate to the Hadit website because it helps veterans and their families. JMO


    GP
  9. Like
  10. Like
    USMC_HVEQ reacted to TALON II FE in The Thing Which Helped Me The Most With My Ptsd Was Knowing I Was Not "alone" Or "crazy"   
    TO the MOD reviewing before posting: If you believe this would be hijacking, please put in it's own thread. I dont want to hijack and I never intended to go so long. This was not the easiest writing I have done. The thing which helped me the most with my PTSD was knowing I was not "alone" or "crazy". I want to put this out there like others have before me, like a lifeline that someone else out there may be able to relate to and feel "connected" again. Also, I have not been able to figure out how to request access to the OIF/OEF thread for posting, etc. Any help would be greatly appreciated. TIA.

    I am new to this site, I have been on another similar site, but soon realized that most of the moderators (while often Vets from long ago) are employees of the VA and often have different "allegiances" at this point in their life. Be that as it may, I would recommend first and foremost that you SEEK HELP FIRST! I know, I know, you have it under control, we all think we do until we don't. I was diagnosed shortly before I retired. I hid in my work, keeping myself going constantly working an average of 60 hours a week while still on active duty as a SNCO. All was "good" until I went on terminal. I had several surgeries back-to-back and could not physically do it anymore. I put in for voluntary retirement since this was the fastest out for me (I was over 20 yrs) and it was approved. I had 105 days of Terminal Leave. This sounds cheesy, but it could easily have become terminal in a literal sense. my last of multiple deployments there to the desert was in '07. I was in SOF after that and most of our work was in other places, we had moved on, sort of. I was around a select group of other guys, most of whom had the same issues as I, also undiagnosed. It masqueraded as us being "cowboys", we made our own rules, blah, blah, blah.

    I sustained an injury from a dog attack to my wrist (by my OWN dog, bought to protect my family while deployed in '05) which created residuals and led to an AVM (vascular tumor) in my wrist which I spent 2 years trying to get figured out. When I got it sorted (medevacs, multiple risky surgeries, etc) I could no longer perform my flying duties and I fought tooth-and-nail against separation and won, sort of. I was retrained and moved to an education function for my last 2 years. I found myself surrounded by other military but these were not my brothers, they did not share the same experiences and many had hidden in education & training and never deployed. We had different cultures. They had no "fire", no dedication, etc. from my perspective. They had no understanding of what was "truly important." We spoke different languages.

    I began to realize that I was the one who was maybe different, not them. I was always on the knife's edge. Things began to slow down, and that was the true danger. As I sat at home, I had no "mission", I had no perceived altruistic goal which I could put before myself; That is where things started to unravel. All those experiences, feelings thoughts, which I had unknowingly boxed up and filed away began to resurface, All those carefully stored "boxes" started to pop their own lids and things began to crawl out from them. My whole world seemed to come apart.

    I sat listlessly around the house, I separated myself from everyone. I shut down. I was and am in pain almost all the time. It wore down my mental barriers and let something dangerous and insidious creep out. I found myself in a fog of memories, self doubt and self loathing. I began to imagine how much better off my family and everyone else I met or came in contact with would be if I was not here. My claims would get processed faster, they would receive help from others who could actually help them instead of being stuck with the angry, broken, useless person I had become seemingly overnight. Unknowingly, I had become my own greatest threat.

    Finally, many months later, I impulsively reached out to an 800# and admitted to myself that I could not do it myself anymore, that I would not survive the way I was going. That was 6 months of my life gone and I was fortunate to make it out the other side. It is still a struggle. I rarely leave my property. I am afraid I will hurt someone. I have no flight response left, it is all fight and I WANT to throw myself into it! I want to smash in the head of the guy at the store whom I perceive as rude, obnoxious, or whatever. I know this is not right. Now. Thankfully. I am learning to control my symptoms. I have met others thru WWP and other channels who feel like I do, who are still fighting to get better, like I am.

    I began to realize that there are others out there who DO understand how I feel, who have walked this path before me and come out the other side. It does not have to terminate in a dead end, you can come out this, better, stronger and in control. Those realizations have quite possibly saved my life. I see a PTSD Counselor every week now. I am resistant to medications, but I realize that I may need to go that route still. I stay in touch with a few other Vets I have met and try and help myself by helping them. We help each other. Most importantly, I do everything in my power to make sure that neither I nor any other vet I meet with these issues becomes one of the 22 vets each day who take their own life because that is the only control they feel they have over it anymore. We can't afford to lose anyone, anymore. Not when the battles are behind us. Please get in treatment. From personal experience, you cannot just put it behind you and never look back, it doesn't work. By doing that, you are giving up control and giving it to power over you. Get help, please.
  11. Like
    USMC_HVEQ reacted to DejDan in No Service Treament Records While In Combat Zone   
    USMC_ HVEQ,
    Non taken. The overall medical records are no problem to present from being a reservist at one time and to doing 8 years active duty.
    Its the Service Treatment records that they want for a specific time frame ie; OCT 2004 -OCT 2005 in which I do not and will never have because I did not get any medical treatment while in Iraq for anything not even a cold.
    I will of course send in my PHA that was done upon my return and wont assume that they have it. Just don't want my claim to be decided unfavorably because they have asked for a document that never was. I would like to think that the VA would use some common judgement to accept that not all Soldiers that were deployed were around facilities in which they could receive treatment. I'm not saying that you couldn't get medical treatment I'm just saying it wasn't in walking distance or on occasions riding distance.
    But please know that I will take heed to your advice and become more involved. Really appreciate it
  12. Like
    USMC_HVEQ reacted to Okichewy1 in Denied Sleep Apnea Claim, Looking For New Angle   
    My VA doctor wrote me a NEXUS letter stating that my OSA was linked to my hypertension and hypothyroidism. Claim was approved within 2 months no C&P required.
  13. Like
    USMC_HVEQ reacted to ranger11bv in Everything Got Denied!   
    So far, this is what I got out of my SMR:

    Chest pain/wheezing Bronchitis 8/20/91
    hearing - 7 reports. The first one is in basic: 0's across the board. When i left; the left ear- 5,10,10,5,15,35 right ear- 10, 5, 10,10,10, 25 This is pretty much me: http://www.audiologyawareness.com/hearinfo_agshl.asp
    several trips to the unit medic for joint pain
    Several for migranes
    Eyes got injured by PVS-7's
    found out the one of my testes is smaller then the other........ :(



    SINCE SERVICE..............

    1st, 2nd metatarsals in both feet deformed Nov 7 92
    shoulders, elbows pain Sep 17 98
    CTS(carpel tunnel syndrome) Sep 2 98
    iliotibial band syndrome Jan 25 95
    Tripartite patella Feb 2 04
    Rt ankle pain July 6 00
    knee effusion Sept 9 03
    RSD Aug 17 02
    Gerd (Gastrointestinal reflux disease) July 19 02
    Varus deformity april 26 07
    Spur on left heal march 14 15
    Atlantoaxial instability March 14 15


    MOS 11b Airborne and Air Assault

    Units:

    1/75 Rangers
    2/34 Inf "Layte Dragoons"
    3/7 Inf "Cotton Bailers"
    5/14 Inf "Golden Dragons"



    So, what should I do and HOW!!!!!
  14. Like
    USMC_HVEQ got a reaction from ranger11bv in Everything Got Denied!   
    thanks for the reply. You have the MOS for lots of physical injuries. I think the lack of wartime, clearly hurts you. I understand getting treatment when not service connected can be tiresome. The 23 years you have been out, have you continued to get treatment off and on? have you always complained about these ailments? if so, that will help, but ultimately you need to connect the dots to your service records. You more than likely since you were denied will have to do it via the IMO route, which can cost you some $$. They don't do it for free, unfortunately. I saw one of your previous responses you were going to go through you SMRs and take notes (make stickies) whatever, so you can reference it in a appeal. The IMO doc will review your SMRs, any VA progress & diagnosis notes and your denial claim. They will connect the dots for the VA and cite references within your medical history, potentially cite any potential cases or studies if they can relate it to service.

    Do you currently have diagnosis for everything you claimed now from doctors? you need current diagnosis to go to the next steps preferrably from the VA.

    Orthopedic
    Pysch
    audiology
    and any other depts that fits the bill
  15. Like
    USMC_HVEQ reacted to ranger11bv in Everything Got Denied!   
  16. Like
    USMC_HVEQ reacted to broncovet in Sleep Study   
    Yea..a sleep study will likely cost some serious coin.

    I use a CPAP, and am diagnosed with Obstructive Sleep Apnea. In fact, I actually had a C and P exam for it today. Even tho I have had a CPAP since 2007, service connection for OSA was denied, and this was an appeal.

    Believe me, be very happy you dont have OSA to the extent you need a CPAP. They are a pain~they are noisey, you have to take them with,when you travel. You have to wash the cpap hose and mask regurarly, and you have to replace them when they wear out. BUT..for me, the CPAP is none less than a lifesaver. I believe it was Reggie White, the football player, who died from sleep apnea.
  17. Like
    USMC_HVEQ got a reaction from da504vet in Ptsd C&p Tomorrow.   
    Scott2120,

    How did the exam go? just looking to help......

    Navy04,

    Weren't you 100% P&T? was just wondering why the PTSD review
  18. Like
    USMC_HVEQ got a reaction from da504vet in Ptsd C&p Tomorrow.   
    If this is another, initial C&P then there are sets of questions they must ask. Lack of evidence, must have been your stressors (just guessing). If this is a 2nd C&P, they are more concerned about what has happened since the previous exam, so not reliving. You must review the symptoms and give examples if they apply to you to the C&P examiner. You will be judged, remember that. ow you dress, how you talk, eye contact, language (if you swear I mean), How fast or slow you speak, Memory and many other things.
  19. Like
    USMC_HVEQ reacted to Buck52 in 100% Iu P&t   
    USMC_HVEQ,
    I Was sending mine in every year for the first 7 or 8 years ago,....last time I sent one in I got a letter from RO stating I no longer need to send the questioner in so I stopped sending them that's been 4 or 5 years ago.

    Until the veteran gets a letter from RO saying he don't need to send one in...its safer to send one in....but maybe each state differs on this.?? you could call the RO and ask them if they say no you don't need to send one in have them to put it in writing and send you a letter.

    Buck!!
  20. Like
    USMC_HVEQ reacted to FormerMember in What's My Correct Effective Date For 100% Rating   
    Determining an effective date is simple. Even though we are mindless, dumb, two-legged (or less) Veterans, we are essentially pro se- even under the tutelage of VSOs. As such, Moody v. Principi instructs that each and every entitlement, as well as a determinative effective date, must always accrue in a nonadversarial venue in the Veterans' favor. If a Veteran foolishly opens a claim for increase during an active claim, it must be interpreted that the vapid Veteran simply misunderstood the rules of the road. Since the existing claim is open, the RO must correctly interpret that the "new claim for increase" actually was an "informal" NOD because the poor deranged Veteran did evince the requisite "Please, sir. May I have a larger bowl of porridge?" verbiage necessary for a rater to know he/she was unhappy with the initial reopened claim award. This is known as a claim stream. It began when you file initially and remains inviolate until you step on your necktie and fail to file a NOD or substantive appeal sixty days following any SOC during the pendency of the newly reopened claim.

    As a perverted analogy, my current claim stream began in 1994 and is still on appeal to the AMC and a Writ to the Court to command the VA or BVA to finish their task. It is unbroken because they left it unfinished in 1995. It is currently unfinished because some of the Joint Motion for Remand was ignored. I filed a NOD with the AMC over their decision within the 12 month issuance of the 1994 effective date just in case they pulled this same stunt. They did. It is still alive and awaiting their response.

    Chances are you'll be chasing this up the ladder but the effective date will always be 8/15/ 2013 based entirely on 38 CFR § 3.156 (b). If your misguided request (or a VSO's) for increase within the appeals period was mistaken for a brand new increase claim, that can hardly be your fault. The Presumption of Regularity states that VA raters are competent in all they do, poop ice creme and walk on water. If they misconstrued your NOD for a higher rating than awarded initially for a brand new claim for increase, that implies the Presumption has been rebutted. Ergo what appears irregular is irregular and the Presumption cannot attach (Butler v. Principi).

    VA will attempt to argue that your evidence did not establish entitlement until the date of the newer DBQ but that is not entirely correct. When you filed in 2013 for increase, it was a reopening of an existing claim. VA has the power to extend the effective date back to a year before that asked date of increase if the evidence supports it. Nevertheless, it is incumbent upon VA to act promptly when you do ask for an increase, to schedule a C&P at the earliest convenience to make sure the Vet gets what he is entitled to at the very earliest moment the increase is indicated and requested. You are not required to put them on your speed dial and keep requesting the proper rating over and over within an appeal period in the guise of a new reopening for increase each time. Conversely, VA is obligated to view your attempts at remuneration in the most favorable light rather than the most unfavorable to you financially. Congress never intended such an absurd reading of 38 CFR. regardless of what VA tells you.

    We and our VSOs are given the Presumption of Stupidity under Comer v. Peake. Unless and until you strap on a real law doggie, anything you send VA requires they give it the most minute inspection to ascertain A) what it is you desire and B) as soon as possible. If a law dog had sent that in for you, it would most certainly be interpreted as a request for an increase because the atty. is a lawyer and expected to know better. Because you did it pro se or via a VSO, it can only be read as a NOD legally. A CAVC judge will rule accordingly. I hope that clears it up. It's all over but the fighting.

    Always build yourself a time line. Who did what and when? When did it go astray? Why? What is the controlling regulation/ law? What does/did the evidence consist of and when was it introduced? Once the claim is reopened, the effective date will always be either the date of request or up to a year before. Even if VA sends you out out for a new C&P two months after the filed request, the effective date still has to be when you asked for it. You cannot ask for a C&P. VA must do that. If, during the course of the appeal as here, you introduce even more evidence into the c-file showing yet more disability, VA must rate you further back because they failed to investigate during the course of the claim. You should not have to chase private doctors for IMOs and DBQs to substantiate your contentions. If you do and prevail within the time period of the appeal, the effective date must incorporate their stupidity for failing to perform due diligence themselves. Again, rebut the Presumption of Regularity and the whole charade falls down. All you are left with is the Presumption that the Vet is entitled to the date of reopen as VA cannot rebut it otherwise. Game. Set. Match.

    All this hinges on one simple fact.I assume you reopened with some evidence to support an increase in 2013? If so, you're wearing the walk on water shoes.
  21. Like
    USMC_HVEQ got a reaction from 13Bcannoncocker in Any Advise On Tdiu (Unemployability) Ugrading   
    you will be good to go. does va know you got ssdi or applied?

    i'd say by April, you will get the favorable decision and backpay to when you filed.
  22. Like
    USMC_HVEQ got a reaction from NavyWife in Advice With This …Ssdi.   
    Have you ever filed for TDIU with your 80% VA combined rating? I don't see you SSDI being a problem. They ask about your last 10 yrs of working history? I would suggest if you have not applied for TDIU to do so especially if you receive SSDI and vice versa.
  23. Like
    USMC_HVEQ reacted to philusmc in C&p Rating   
    you were spot on, just got my notice today -- retro pay is $32,948.58 -- great calculations. thanks for your input. semper fi -- phil
  24. Like
    USMC_HVEQ got a reaction from georgiapapa in Nexus Letter.   
    fmdoc,

    you need cases to back up your nexus as evidence....I would suggest the nexus be from a doctor in the sleep apnea field as a doctor just in generalized medicine will more than likley be ignored as they won't be considered an expert. You need to cite examples in your service medical records as well. Just saying it is because of PTSD, won't get it done in my opinion. I have PTSD and OSA and have been denied, but I didnt try a ptsd nexus. I get a CPAP, so I am just happy for that. I'm just giving an opinion. I hope you do get the service connection.
  25. Like
    USMC_HVEQ got a reaction from 11C mortar Gunner in C&p Rating   
    hi Phil,

    Yes your rating will go to 60% COMBINED (56 ACTUAL)...

    10 + 10=19 then bilateral factor pushes it to 20.9 =21%. which is added to your current 20% for a combined 37 which pays at 40%. Then when you PTSD is added you go from 37 actual to 56 actual and 60% combined rating pay.

    You back pay will be the difference. You will be paid the month following the effective date. As a reminder, they pay us at the end/begining for the previous month.

    so backpay for neuropathy should be from March 2011 to now and backpaid the difference from 40% rating pay which would be the combined rating for then minus the 20% you were already receiving.


    40 combined pay -20% diabetes pay already receiving=Difference for Neuropathy backpay from 3/2011.

    then in the PTSD back pay would be from 8/2011 to present and you would receive the difference of 60% from the 40%=another 20% difference pay out.

    another way to look at it would be this:

    3,4,5,6,7/2011 you will be paid the difference of 40%-20% for neuropathy....then starting 8/2011-present you would be paid the difference from 60%-20% for PTSD..

    sorry tried to help.......



    2011 40% single rate (using the 2009-2010 rate table) was 541. the 20% rate was 243. so the difference is 298 x 5 months=1490$ backpay on the neuropathy (estimated)

    then 8,9,10,11,12/2011 @ 60% was 974- 243 =731 x 5=$3655 for 2011
    1-12/2012 (2011 pay table)@60 1009-251=758 x 12=$9096 for 2012
    1-12/2013(2012 pay table)@60 1026-255=$9252 for 2013
    1-12/2014(2013 pay table)@40 1041.39-258.83=782.56 x 12=9390.72 for 2014

    i probablly used the wrong tables, ugh...you get the idea...so ballpark 33K if I am right........sorry if my info is wrong, like I said I tried
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