Sgt. Wilky

Well said.

This is what some veterans are resorting too? Shameful

I don't believe it does. I believe you're only rated for one condition. It would be like being rated for two different knee conditions. They consider that "stacking".

If you haven't already, go the PTSD forum and read as much as you can. I was diagnosed with PTSD by the C & P exam, and from what I can tell you, just be honest about everything. Even if it makes you cry. Don't try to "force" yourself to control your emotions i.e. grab your knees so that your hands don't shake. They need to see the sympathetic responses. Give as much detail as you can and make them tell you when to stop. Also, do NOT let the examiner dwell on life before the service. I've been reading that some examiners like to try to establish a PTSD connection to something that didn't happen in service. My exam wasn't like that, but I covered that ground for him. Do as much research as you can on this topic. This site is chock full of information. Yes, you are struggling and you need help, but it's up to you to learn the processes and there are many resources available to help you win your claim! Best wishes! Semper Fi, Sgt. Wilky

Hey all, I have been doing some reading in my spare time and while attempting to better myself in all areas of my life (certainly a constant struggle which I find I have little energy for-a lot) I happened upon a quote by William Hazlitt. When I read this quote, I immediately thought of my early years in my claim process when I was very ignorant of the processes that we must embrace and oftentimes overcome when dealing with the VA; and quite frankly, this would apply in pretty much every area of our lives: "The way to secure success is to be more anxious about obtaining than about deserving it." When I read this and applied it to my situation regarding my claims process, I came to realize that although I knew I deserved it (it still makes me squeamish to use that phrase), I still didn't understand the need for me to "set a fire" about obtaining the results that I needed. Back in 2008, I was under the impression that the VA would see my issues and grant and life would be merry. Obviously, most of you know, and I NOW know that was a very farcical way of thinking. It wasn't until my first denial letter and reading through the fanciful footwork of the VA that I began to comprehend the battle I was going to be facing. Shortly thereafter, I found this website and can I say, "God bless T-bird and all of you" who contributed to my education in the ways of the VA. I found that I had to set aside my ideas of "deserving" it and had to become "...more anxious about obtaining..." the success of my claim. For many of us and myself included, being anxious meant that we had to become enraged and furious at the misapplication of the law that was so evident in many, if not most of our claims. But more importantly, if there was no other benefit, it caused me not to let my claim rest in the hands of the VA, or the VSOs, or to Hadit.com, or to chance; but rather to myself, and for me personally, to my Lord who knew that I truly was deserving. Sometimes, being anxious means we have to educate ourselves on the ins and outs of the processes. It also means asking for help which I am thankful that I did. The majority of my knowledge came from this group, dedicated to helping other veterans and their families out with experiences shared and utilized. I am the one, and you are the one, that only can secure the success of your claim. If the evidence is there, then it is up to me hand walk it threw the process. Don't leave it up to the VSO and obviously don't leave it up to the VA. Sure, I may not like it, but I'm the one that has to gear up (yet again) for a fight. We can cry and clamor the day long about how it not to be that way, but it is. Looking back, had I not received the encouraging and profitable words here to keep up the fight, I'd have not carried on. I guess I said all that to say that we use the resources that we have here on hadit.com, our VSOs, and even the VA, but it boils down to how willing and how hard am I going to fight to make sure that my claim sees success? And that's a question that we all have to ask on a personal basis. I could have claimed ignorance and thus, defeat. But if I had educated myself and fought and fought, and fought some more to the full extent and still lost, I'd have gone away with knowing that I had done my best. And that, my friends, is what I deserve. Thanks for letting me post my little say! Semper Fi, Sgt. Wilky

Hey all, Just wanted to fill you in on my PTSD claim progress. Filed in July of 2015 at the Denver RO. Went through my PTSD C&P exam and the doctor diagnosed PTSD on October 30, 2015. December 1, 2015 I logged in to Ebenefits and they have granted SC at 50% for PTSD, putting me at 60%. Keep fighting guys and don't give up! Semper Fi, Sgt. Wilky

Funny you mention that. I logged into ebenefits for the last check of the day, and I went from 30% to 60%! They granted SC for PTSD at 50% which I'm pleased with!! No pending deposit (I can see ACH pending deposits) yet, but it just got updated within the last few hours. I expect the back pay for that increase to be within a couple weeks. Still waiting on the BVA appeal grants to be implemented! So glad this is nearing an end!! Keep fighting!! Semper Fi! Sgt. Wilky

It takes as long as they want it to. My BVA decision was handed down and delivered to my mailbox October 16th, 2015 (after an 8 year appeals process). I've yet to see any back pay from the 3 grants (which is high 5 figures), any movement on the remand, or any movement whatsoever on my claim. I'm nearing the 60 day mark on the 16th. Plan on it taking months. Semper Fi! Sgt. Wilky

As a former 0811 (field artillery) Marine, the VA denied my tinnitus claim while granting 0% for reduced hearing. Go figure. My MOS is a "high Probable" on that list and they still denied it. They referenced my post-deployment health survey which DID state I did not have tinnitus. Yes, I marked "no" on that survey because the Navy doctor who issued the survey to us said to only mark conditions "...that ONLY incurred IN THEATER". I already had tinnitus at that point so I marked "no". It cost the VA a years worth of back pay after I got a couple buddy statements backing up my claim. Instead of granting equipoise to the fact that I was an 0811 versus one (1) document that stated no, they sided with themselves and against the veteran in clear violation of the law. I stated so in my NOD and the de novo review agreed and called it a CUE. Semper Fi, Sgt. Wilky

Not to be a downer, but my ebenefits has been saying "preparation for decision" for going on a couple months now. I have no reason to believe it'll change for at least the next 6 months. Try to find something to occupy your time. You'll drive yourself nuts with waiting and burning holes in the computer screen. It'll come!

That is correct. I filled out every box on whatever form it was I filled out. I was instructed to fill it out to the best of my ability, and not to worry about it if you couldn't fill in the details. I filled out my my stressor events in as much detail as I could.

Well, you certainly have an awesome sense of humor! Seriously though, I felt I had a VLJ that treated me fairly and treated me with respect and adjudicated my case fairly. I'm not saying that just because I won my case. I'm saying that because I left the hearing knowing that I, my wife, and my VSO had an opportunity to fully explain our position, and we presented the evidence that we needed to win our case. In fact, I believe in some of his rulings he went above and beyond the requirements of the letter of the law and granted where perhaps he may have had latitude to deny. He used equipoise in a manner that benefited me, the veteran and it was quite clear that he did so. But I also think a lot of it had to do with the fact that he'd seen that I'd been yanked and jerked around by the VA for so long (I know 8 years isn't a long time in VA speak, but it was for me) that he made his employer "pay" for that jerking around. Now, if I could only get the RO to get it's act together and give me my retro...

So their saying your TBI was Non-SC? Without knowing the specifics of your case, I think I'd appeal that...

That should not ever happen. I work for a government agency, and they too, find out a couple days in advance when the OIG shows up. It should never be announced. I should say, I work as a contractor for a government agency...so I never actually am involved with an OIG (at least, not yet).

Yes, congratulations! I too was increased: from 30% to 60%, and am waiting for the back pay to arrive along with the increase. Please keep us posted on your progress as it will be a great source of information for the rest of us waiting too! Semper Fi, Sgt. Wilky

The highlighted, bolded, and underlined term in Vync's post is exactly what the BVA stated in my case and underhandedly chastised the VARO for not weighing in several of my claims. Let's all hope that the evidence will be "enough" for the VA to adjudicate fairly and precisely for Havalina's claim; and, that what Vync said about the the C&P doctors just trying to confirm responses is correct! (Wow, I must be pretty optimistic today. WTH is wrong with me?)

I have found Senator Bennett's help in other areas unrelated to veteran's issues to be extremely unhelpful. I certainly hope he shows a little more sophistication and initiative in his helping of Colorado's and our nation's veterans. Good for you for staying on top of it and fighting for what is right on your behalf. Semper Fi, Sgt. Wilky

Me too, and after reading this thread, I want to go throw up...

My appeal was completed on October 16th and I've not heard anything. I did receive the ajudication paperwork, but henceforth, nothing. I'll try to remember to come back here and update you if I hear anything on my end. If you don't mind, please do the same!

If you were exposed asbestos, fuels, solvents, etc., I would leave my claim in. I would get a couple or three buddy statements from those you served with and see if any of your doctors would be willing to write a letter for you to the VA that states that your lung scarring is more likely than not a result of your military service as a mechanic (although, you didn't state that specifically, I'm assuming that's what you did in the Army). Just because you smoked and quit (which may be a plus in your case) doesn't mean the VA gets to ignore the exposure to all the other things you had. If you were a mechanic, and you can get some buddy statements, that should be a big help. You need to be prepared to fight for this! Spend some time on this site and research a lot. I wouldn't throw in the towel. I know nothing of TDIU but there are many here who do. Also, research a lot on the terms that the VA needs to have in order to give your supporting statements (both buddy and doctor) the credibility and accuracy they need. Semper Fi, Sgt. Wilky

Actually, I just tried it. I don't have a premium myhealthaccount, just an "advanced" one...well played VA, well played.

I'll try that on Monday, and let you know how it goes! It's a tedious process with my tiny laptop here! My desktop keyboard crapped out on my, otherwise I'd have tried it by now!

I did. The remand stated in the decision, that the BVA wanted the RO to issue a SOC for my "timely NOD." The BVA acknowledged that I had an inferred claim for an increase on my hip issues from 10% to 20% and instructed to the RO to "consider rating the veteran under diagnostic code ####." I look forward to seeing the SOC from the RO and immediately putting in my claim for the increase. Yesterday, (to reference a previous thread) I had a meeting with my VSO regarding my BVA grants, and I just have to play the waiting game some more. She echoed that I could use IRIS and inform the VA to grant my retro within the mandated 120 days, but like other posters have said, the VA won't care. Sgt. Q, when did you have your BVA hearing?

Had a meeting with my VSO today. She was able to look up my C&P results from the PTSD evaluation last Friday and the C&P doctor diagnosed PTSD. Now, I don't know what that means comp. wise, but I know one way or the other, I'm glad I just have a diagnoses that favors me and my condition. Now we get to wait and see what the rater does...(nervously laughs). My hands are shaking at this little revelation. Sgt. Wilky

I've never been able to see mine; or, I'm just too dumb to know where to look. They're not even under myhealthvet's website blue button.