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Master Chief Petty Officer
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pete992 last won the day on May 9 2016

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About pete992

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    E-9 Master Chief Petty Officer

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  • Service Connected Disability
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  1. I was told that for my upcoming review /PTSD claim reconsideration, that I could wait for the VA to schedule me with a C&P interviewer for a new DBQ, but that it would most likely not happen in time, or I could go find any therapist who was qualified (does DBQs for the VA) and pay out of pocket to get it done much faster, if I was that determined to get the DBQ in on time for the reconsideration.

    I'm down to pay, it's the principle of the thing!  But where in the world can I find a list of people in my area that are certified/work with the VA on these C&P outsourcing contracts? It doesn't seem to be searchable and time is running out (like this friday)!!!

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      I found mine on VAWatchdog.org ( Dr Brett Vallet Psychologist in CO) 

      unsure if they could mee the time frame.... worth a shot. 

      We did everything over the phone and email. 

  2. A veteran can file a claim at anytime, so yes he can file a claim. Due to the fact that he never filed a claim before, VA will most likely treat this claim as any other claim and ask where has he been and why is he filing now. Keep in mind that to get service connection a veteran must have 1. An in-service injury, 2. A current diagnosis and 3. A nexus that connect 1. and 2. together. It does sounds like he should have all three but we know how VA loves to play games and not service connect a veterans' claim. The effective date will most likely be the date that he files a claim. VA cannot pay a veteran disability pay if s/he never files a claim. Also keep in mind that a disability is some type of handicap that cause a veteran to be limited in employment.
  3. Marine, you not only have to be concern about the income factor but you should also be concern with the fact that now that you have completed your Voc Rehab, VA may consider this as also you being employable. Voc Rehab is a program that helps veteran go back to work. Make sure you look at all the scenarios and don't trust VA.
  4. Buck, it took a year or so before I got my DD 215 and this was me calling about every six months.
  5. It will greatly help your claim move faster due to every veteran is a liar and a drug addict according to VA. Fill out the form and send it to the appropriate department. It will take some time, make sure you keep a personal copy of your orders and send a copy along with the form DD149. Fill the form out as best as you can. You can try to file a claim without a DD215 which will add your CAB but VA loves to deny claims that are not simple and without a DD215 it would confuse them. http://www.military.com/Resources/Forms/DD_149.pdf
  6. Buck, I understand that some veterans had or can get very good jobs. One of the veterans I was helping had a government job that paid somewhere between forty to fifty thousand a year but the problem was she had her job about thirteen months and she gave up her TDIU rating and her SSDI to get the job. Because she worked over a year she was found to be employable then a month after that she had an episode that caused her to lose her job. In my post I did say that it was my opinion and that the poster had to do what was right for them and their family. I wanted the poster to know that it is really not about getting a job but keeping the job. With PTSD or any mental health disorder a trigger can come from anywhere at any time. Veterans should really think long and hard before taking this step. When veterans give up their benefits and try to get them back they have to start all over again with VA and or SSA to get their benefits and that may not be an easy task. I was/am just passing information on.
  7. The crazy one here, within the last six months I posted a post and a veteran thought I was challenging them and I was not. IMHO (In My Humble Opinion) due to your PTSD mental health disorder you should not think about going back to the work force. My opinion is based on several veteran I helped with getting 100% PTSD and then they wanted to go back to work and the problem is that they (the veterans) were able to keep their jobs for six months to a year and then they felt that it was better to not work at all. Once a veteran get his/her rating at 100% scheduler or TDIU it is best to continue to draw that rating and file for SSDI because if they give up that rating and go back to work and work for six months or more, VA will consider them employable and it will be very hard to try to go back to un-employability. Yes, I know you would love to go back to work but the risk of losing benefits is not really worth it. It is your call but you should consider yourself as disabled retired. I am just trying to help and this is my opinion but you have to do what you feel is right for you and your family. Hope the best
  8. Andy, I have to disagree. I have seen VA deny a veterans claim even after the veteran had a positive C & P exam. The veteran had to file an appeal to win his service connection. That is just too crazy but VA will do anything they think they can get away with and if the veteran does not file a timely appeal then the veteran loses.
  9. The crazy one here, first things first. The OP (Original Post) is well over five years old or very close to it. To get more responses you might want to start a new topic. To get any condition service connected you will need treatment records and you will need a medical nexus with a good medical rationale. The medical nexus is a statement/letter/note in your treating records from a treating doctor that states that your current condition is as least likely as not caused by or the result of your service connected condition and then give a medical rationale of how they are related.
  10. The crazy one here, be forewarned that VA does not consider sleep disturbance and sleep apnea in the same category. Please check your rating decision to see how it is rated. Normally VA would consider sleep disturbance a mental health disorder and sleep apnea in the respiratory category and they cannot be combined. I am really not crazy, I have just seen VA do some very crazy things. Keep in mind that a veteran can file a claim at anytime. Anytime a veteran file a claim the VA will most likely order a new C & P exam. If you are rated under 6847 then you should file for an increase, either way make sure you doctor say that it is military related. 6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed): Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy 100 Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine 50 Persistent day-time hypersomnolence 30 Asymptomatic but with documented sleep disorder breathing 0 General Rating Formula for Mental Disorders Rating Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. 100 Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships. 70 Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships. 50 Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events). 30 Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication. 10 A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication. 0
  11. The crazy one here, I agree that this OP(Original Post) is too old and any questions should be posted on a new post. Here's the thing, the laws has not changed. What changed over the years are lawyers and judges opinion of income. VA Benefits cannot be garnished but they can be apportioned if a certain amount is determined by the courts and written in the divorce decree for the veteran to pay. The spouse can contact VA to get the apportionment started with courts documents and if the veteran does not pay the spouse can go back to the courts and try to force the judge to make the veteran pay. The judge will then tell the veteran to pay or go to jail even though these benefits are set up to care for the veterans disabilities, these benefits are also set up to care for the veterans dependents. Lawyers and Judges then look at the amount each individual is making and totally ignore the veterans disabilities and set an amount where they feel is acceptable and if it is calculated in the divorce decree, the veteran will most likely have to pay it. As someone said in a post years ago, if any veteran is pending a divorce it is best to find a military divorce lawyer and get a good one or they will have to pay whatever the courts deem. Now due to hardship to the veteran, the veteran can request the courts to lower a particular amount if it really causes hardships and some courts have agreed to this. The most recent post are not really about child support but are about extracurricular activities. These activities are above and beyond the child support and the veteran does not have to pay for these. S/He will just have to explain to their children that they cannot afford it at the moment and have them choose another activity that does not cost as much. Of course this is my humble opinion and I hope the best for the veteran and his/her family. Yes I went through this a few years ago and now kids are in college, CH35 really helps.
  12. The crazy one here, all I can add is like most I was denied IBS and I filed within one year of my discharge. VA screwed my claim up to the point where I had to appeal. The real crazy thing is for about eight months while I was on active duty, I was between quarters and being hospitalized. That is totally unheard of but yet VA in their wisdom denied my claim. I was finally service connected for IBS but we all get frustrated and say that VA does not know what they are doing and that their (VA) employees are inept and incompetent but I am beginning to realized that VA has been doing this for years and even though they (VA) get new personnel in, I think they are trained to deny claims. There is no other way that veterans can be denied on such a high rate. There is no other way to explain it but VA is not veterans friendly. Sorry that you guys are going through this but never give up. Keep on fighting.
  13. http://www.publichealth.va.gov/docs/gulfwar/gulfwar-newsletter-feb2016.pdf Please don't shoot the messenger I am just passing this on for more to see.
  14. VA in their all wise opinion feels/thinks that either you will get better or medical treatment will get better and treat your condition and or you will be cured in one way or another and it will save them (VA) money for now by not paying your dependents CH35 or CHAMPVA. Your call if you decide to challenge the P & T or not P & T. I have seen veterans challenge the P & T issue and some were granted, some were reduced, and some were found incompetent due to a mental health rating.
  15. In Bronco unique way, he is suggesting that you should consider being tested for PTSD prior to your ETS. As you are still in-service your mental health should be considered service related.
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