Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
GunnyO_Ret_USMC
-
Posts
30 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by GunnyO_Ret_USMC
-
-
Thank you for the link jbasser, just what I was looking for.
-
You had better get a copy of it to see what they said. Trusting a VSO is OK but you must remain in control of your claim since the VSO has your POA and noobody is perfect.
Look your disabilities on the schedule for rateing disabilities and determine if they are presumptive within 1 year. If this is the case and you have a Nexus then the VA is not applying the proper regs to your spacific claim.
Make sure that you inform yopur VSO and the RO that you Know the regs.. This actually cuts a lot of red tape hide and seek bull.
Good Luck.
J
One question. Where do you look at in the schedule of ratings on the 1 year presumptive disabilities, don't think I've ever seen it in there. Would truly help. Thank you.
-
You had better get a copy of it to see what they said. Trusting a VSO is OK but you must remain in control of your claim since the VSO has your POA and noobody is perfect.
Look your disabilities on the schedule for rateing disabilities and determine if they are presumptive within 1 year. If this is the case and you have a Nexus then the VA is not applying the proper regs to your spacific claim.
Make sure that you inform yopur VSO and the RO that you Know the regs.. This actually cuts a lot of red tape hide and seek bull.
Good Luck.
J
Great advice. Thank you jbasser, will do.
-
Are you waiting for a hearing now or is your appeal at the BVA? The thing is to keep your appeal alive so you can get the earliest effective date.
john999, my VSO filed a NOD.
-
Did you appeal the denial? I think you have a chance of winning this on appeal. If you let your appeal drop then it will be harder for sure. If you could get a private doctor to state your foot problems are due to duty over long period of time that would help. I filed within one year of discharge but I had records of treatment in service. I was low balled and let it drop. That was a mistake.
Yes I did appeal and was seen by my doctor for my feet problems couple months after I got out. She also wrote a nexus letter for me tying it to my service. Funny thing, my doctor ordered
X-rays for me out in town and there were some findings (calcaneal spurs in my achiles, hallux valgus), the VA did their X-ray and had not findings? Go figure. And I submitted all of the medical evidence with my claim.
-
I just want to get some clarification on this. I get conflicting information on being SC for conditions within 1 year after separation. Some say that if you get a condition that was not treated while in service and it is not in your SMR, you can still get that SC since it is within the 1 year time frame from separation. The VA treats it as if it happened while on active duty. True or False?
While others say if you were not treated for it, then it is not SC, unless it is a presumption. For example, I filed for condition for bilateral feet problems but was denied because I never went to complain about them while in service. But after serving 21 years in the Marines doing countless of forced marches with those heavy ass packs and weapons, wearing boots all the time, running in boots and uts for countless of miles will do the job.
So what is the deal? Someone please break it down to me using the K-I-S-S (keep it simple stupid not calling anybody here stupid so please no one get offended) method.
Thank you for your service and sacrifice.
-
Not sure about this but can one be service connected for PTSD and GAD and receive a rating and comp for both? Thank you.
-
Hi all,
I was wondering if anyone knows if there is a way to track a claim? I submitted my claim two weeks ago. I know it is a lengthy process from all I've read, but is there anyway to check on status? I've also read I should be getting a letter, but there was no indication from the person at the VA as to when I would get it.
Thanks for the help!
This is a good site to get access to. It gives you visibility on your claims and its status. Just follow the instructions and register. Make sure you get the premium account level 2 access in order to get the full benefits of the site. Without it you will not be able to see you claim status. https://www.ebenefits.va.gov/ebenefits-port...ger/eb/veterans
Semper Fi!
-
Welcome Gunz! I am going through similar circumstances with the VA. Lots of diagnosis and lots of denials from the VA. Our final physical is a double-edged sword for us, they love to use it for denials often stating "not claimed on". My advice is to go back to your civilian doc and have him prepare a well thought out Nexus letter tying your conditions to your time in service. It is a pain in the ass to go through, trust me I am dealing with it now. In my case the VA said my shoulder claim was a "strain", my doc and physical therapist diagnosed a severe shoulder separation with arthritis, we'll see what ortho says next week.
You are in for an uphill battle with the VA but there are several, very helpful people on this board that are willing to help. Keep your head in the game and stay in the fight.
I just retired Aug 09 and was under the same impression as you with the "One Year Rule".
Monster
Congratulations on your retirement Monster. I retired in October of 08 and as you can see I just had my second P&C a couple of weeks ago. I am currently at 30% from the first C&P. Made the jarhead mistake of filing online the first time and did not have a VA Rep. The VA is a crazy beast. The even denied having evidence when in fact the have copies of evidence, go figure. Well I'm ready to go for the long haul. I wish you luck on your claim as well and I know in the end we will prevail.
-
GUNNY,
You know how this works, change your socks and lace up your boots . Seems you have a battle ahead of you.
Get your medical evidence in order and get an outside nexus as suggested. I know you wouldn't but i got to say it , don't give up that's what they want. If you get a denial , they will generally tell you why , use that to prepare your next attack (appeal ).
Semper Fi Gunny
Sgt Sandman
0352 :D
Great advice Sandman. I will wait for their decision and use the info to take to my civilian doctor and get cracking on that nexus. Gonna grab the flak and kevlar with sapi plates, and fix bayonet.
Semper Fi and thanks Sgt Sandman.
-
The one year 'rule' ?
I think you mean this-
if a claim is filed within one year after discharge and then awarded-
the Effective date for the retro will be the day after discharge.
38 USC 5110 , 38 CFR 3.400(
(2)(i)2009 Claims filed within that year (to include the chronic presumptives found in 38 CFR-)
still require proof of inservice nexus or link within the SMRs (and /or in some cases the personnel 201 files)
Chronic Presumptives are found within 38 USC 1112 , Fortuck VB Principi..
I have posted the Chronic disabilities for Legal Presumptive list here as few times over the years as I know many reps who never even consider this list when advising a veteran.
Some reps I know had never heard of it.
:D
Berta,
You are absolutely right and I guess I misunderstood the one year rule. My Rep should have informed me on this when I originally filed my claims. I will be seeing my civilian doctor on this to get the necessary documentation for service connection. You would think it would be common sense to the VA when it is pretty obvious if a member serves in the military for over 20yrs, some ailments are just undeniable for service connection.
Well, I'm gonna suit up and put on my armor. Thank you.
-
OK, I guess I am a bit confused with the one year rule. What is the purpose of the one year rule and filing for claims? I filed all of my claims after I retired from service and met the one year rule. I am your typical jarheard so of course going to sick bay unless you are dying was not an option and highly discouraged. I had my C&P exams about 2 weeks ago and afterwards requested a ROI. I received them yesterday and was thrilled to see that most (about 95%) of my claims were diagnosed in my favor. However, the examiners opinion on most were those famous quotes "IS NOT CAUSED BY OR A RESULT OF active duty military service". WTF over. So, despite getting all my claims in during my one year after separation, I guess the VA is going to deny me my claims. I have not received any rating yet, I just have a copy of C&P results but it does not look favorable. During my final physical, I did note all of these conditions on the form that you have to fill out. Also, the VA noted that there were insufficient evidence for some of the claims that I put in when in fact I submitted evidence from X-rays and diagnosis' from my civilian doctor. With the VA, I just can't put 2 and 2 together. I was diagnosed with and also had the proof for bilateral hallux valgus. Well the C&P said not caused by the result of active duty (ok after 21 years of service). The rationale for opinion given was that I was not seen for this condition while on active duty and did not know I had it until it was reported on an x-ray (duh, I am not a doctor) after discharge. Also said that they are more common in women (what's that got to do with me). I guess men don't get them? Anyway, like I said, during my final physical exam, most if not all of the conditions were noted. I guess I see an appeal coming. Kind of sucks for the VA to tell you yes you have these conditions but they are not related to military service. Thank you VA, I know you love your veterans. Does anyone out there have any suggestions or advice? I have not yet received any denials or have been granted a rating for the C&P claims but by looking at the doctor's notes, looks like most will be denied. Hopefully the final physical has some weight in all of this. :D
:D :D :D 
-
Hello again Gunny. I also meant to mention that if you are close to a VA facility, they can usually pull up your C&P report. Just ask for the report by date of C&P, doctor's name, and they should have it in the computer. Once again, best of luck.
Semper Fi!!
Great. I was at the VA and did the ROI and hopefully receive the records soon. Thank you all for the great advice and information.
Semper Fi!
-
Hi Gunny. Mine only took twenty minutes or so as well, so it does seem to be the standard. Would be curious as to what your GAF score is. It is usually relevant to your examination.
Good Luck
Semper Fi !!
I think I will probably need to request a copy of the exam to see what notes are in there and my GAF score. Thank you kilo 3/3.
Semper Fi!
-
I think the fact your C&P lasted about 20 minutes is SOP. I bet you get a rating but what that rating may be in anyone's guess.
I really hope so. I guess I just don't get it when some are saying how long their exams took along with a computer test asking all of these weird questions. That's what I guess I was expecting too and it threw me off. Thank you for the insight.
-
Ok, had my C&P exam yesterday for my PTSD, it all lasted maybe 20 minutes max. All of the horror stories that I have heard of and about the length of the exam, this was nothing like it. We went into the office and the doctor asked me a series of questions starting with were I was from, how was my childhood, how did I do in school, when did I join the military and did I get into any trouble while I was in, where have I been stationed, my personal life, my drinking habits and if I used any drugs, my combat experience and stressors, if I am receiving any help for my condition, and finally how my personal life is now. He then looked at me and said that's all he needs and that I was done. There was not a checklist that he was going by, I didn't take no computer test like I've heard so much about from many veterans on this forum. I was stressing out about recalling and talking about the experiences but we never even went there. I don't know what to think, WTF.
I have already been diagnosed with PTSD by the VA prior to filing my claim and I am receiving treatment and attending group, could it be that they already have all of the information they need? You can never know what to expect from the VA, it's like they keep you in suspense. So for now I guess it's standby for standby. Has anyone experienced something similar or any thoughts on this?
-
I read in another forum that if you are on a continuous medication for life, let's say atenolol for BP, does that get you a rating of 10%. You can only receive this rating once, no matter how many different meds you are on.
This would be a nice compensation if it is actually true. Thank you all and continue with the great support.
-
JUST WANT TO SAY THANK YOU TO ALL OF YOU FOR THE ENCOURAGEMENT AND THE GREAT ADVICES. WISH YOU ALL A VERY MERRY CHRISTMAS AND HAPPY NEW YEAR. STANDBY FOR STANDBY.
-
Gunny,
The advice to get copies of your progress/treatment notes is the way to go. You go to the records section, ask for copies of all records and exams. If I were you, I would separate the notes for each condition you have. In time you will ahve follow up appts for your other service connected issues aka future exams. If you have it organized, then you won't have to sort through everything again, just an idea.
Now as far as the exam with the pyschiatrist assistant. I would still compare their recent diagnosis with your original diagnosis. As your claim progresses, you will ahve C&P exams scheduled. They will, without any doubt, use the VA comp worksheets. They most likely will be going right down the list asking you questions. Just an way to prepare yourself. Another way might be to look at the criteria for each in terms of percentage. I would then go through and write down each issues. Break it down barney style. Start off with lists:
- about family relationships,
- personal/romantic relationships,
- work (yes or no, and if not how long?),
- sleep issues, suidical or homicidial-thoughts, ideas, plans;
- irritablity issues (anger),
- any run-ins with law? viloence/fights?
- concentration issues?
- avoidence? hypervigelence?
- lack of interest in things you use to enjoy?
- I would close with the effect each of these issues has on your day to day life.
I found it hard to remember all these things, which is what you are going to need to have on the tip of yoru tongue for C&P exam. You make a list and talk about each issue and give an example of your life and you can remember them. JUst an idea.
Good luck
Great advice and thank you very much. I am definitely going to follow your suggestion. I have pretty much all of the issues that you had listed, and you are right, I need to have what I need to say right on the tip of my tongue. Thanks again.
- about family relationships,
-
x
x
x
This does not sound like a "Compensation and Pension Examination". It sounds like it was a clinical interview or "eval" as you called it --from your VA primary medical providers. Are you certain this was a C&P Exam? ~Wings
No this was not a C&P exam. I am seeing a psychiatrist assistant at my local VA inpatient clinic and he scheduled me for the eval to get see the psychiatrist. I had filed for compensation for PTSD prior to seeing a psychiatrist but no C&P exam yet.
-
Its nerve racking but you have to wait and see how it comes out. If it was at the VA you should go to the information window and request a copy the next time you are out there.
Good Luck your chances are good I would say and what is your 30% for and are you able to work?
Currently my 30% is 10% HBP, 10% X2 arthritis on both knees, and 0% for left hearing loss. I have filed much more since then before I had hit the 1 year period since I retired. Now it's just the waiting game for my P&C exams.
-
Well I had my PTSD eval at the VA. The letter I received from the VA said to bring my DD214 with me and expect the evaluation to last about 4 hours or so. They never even asked me for my DD214 and didn't last nowhere close to 4 hours. I saw a nurse practitioner first for about an hour and he asked me all sorts of questions about my experiences in Iraq and pretty much what life was like before and after deployment and what was going on now. At any rate, after speaking with the nurse practitioner, I then spoke with the psychiatrist which only lasted for about maybe 15 minutes at best. He asked a few questions and that was it. He said that he was gonna go through the notes of this mental health assistant that I had being seeing at my local VA clinic which diagnosed me with PTSD. The psyciatrist said that he has to go through the notes of the mental health assistance that I was seeing and talk to him. Pretty much everyone that I have been seing said that I had PTSD, including a psychiatrist that I seen at the VA for substance abuse. So what the *&^%, I don't know what to think about this. Is this normal, or am I already doomed and headed for a fight with the VA? Help!
-
When I did my C&P, I believe I was at 140/90. That was right after I had retired from the Marines. With the meds, it is at around 128/78.
-
I used BP because I am service connect for it and the only way it can be controlled is with meds. So I guess what I am saying is there really is no choice for me, because once you have it you have to continually take the meds to control it. If anything it can only get worse. With that being the case, I am trying to find out if this rates the 10% or not.
(2)(i)2009 
Sc For Conditions Within 1 Year Of Separation Not Treated For In Service.
in VA Disability Claims Research
Posted
Thank you all for the great advice. I will take into account and move forward. Thank you for your service.
Semper Fi!