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JamesPT

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Everything posted by JamesPT

  1. Does anyone know whether it is mandatory to use the new NOD VA Form-21-0958. It's a type written NOD letter still valid in appealing a decision?, are letters no longer accepted by the VARO. I have always appealed via letters, never had any issues. Just my opinion, but I find this new form a bit of a pain to fill out. The form just seems to limit you in writing\explaining ones disagreements with their claims denials. I finished writing an NOD letter but upon reviewing their letter I noticed in the SSOC the statement to download the new NOD form. Advice, opinions are appreciated. Thanks. Jim
  2. Just received letter from VARO denying claim for "Increased Compensation Based on Unemployability". The letter states: Did not submit VA-Form 21-8940 as evidence not received. I am very confused as I submitted the form via certified letter on 04/11/2012; I have the signed receipt of Varo receiving it. I submitted the form immediately after a DRO Hearing held a few days after the hearing. My question is? Are multiple (VA Form 21-8940) forms supposed to be submitted for claim process? If that is the case then I am in the dark. I thought one form to be sufficient for TDIU claim process. During hearing in April 2012 and upon reviewing evidence at hand RO recommended I go with TDIU claim due to PTSD condition and service connected injuries. My VSO thought her recommendation to be a good idea, so we filled out Form 21-8940 and submitted it. Since then everything is in disarray; I have been through additional C&P exams, 6 in total or should I say12 since C&P have been for PTSD and for service connected injuries. If additional forms for TDIU were to be submitted then I was ignorant of it. If that is the case then now I'm back to square one. Opinions regarding this issue are welcomed. Thanks. Jim
  3. Hello all; just looking for some guidance regarding my denied claim requesting increase rating for PTSD. I recently posted explaining my situation. My dilemma is: I received the SSOC letter indicating denial for increase. I am beyond the 30 day or 60 day suspense dates. I recently obtained new and material evidence which includes support statements submitted to VARO two years ago but lost\misplaced by their mailroom personnel. When I brought it to their attention and showed them that the Nexus letters\support statements were submitted via certified mail (I showed them the receipts indicating these as received at their end) they casually mentioned documents perhaps being distributed to wrong Department and they cannot locate them. Anyhow, should I write an NOD and submit it with the new evidence. Just unsure as to where to mail this evidence to: Do I mail the NOD and new and material evidence to my local VARO? or do I mail it to the Appeals Management Center in DC?.. Correct me if I am wrong, but dont' they give you a year from date on SSOC to attempt and gather new and material evidence? Also, with the SSOC came a document titled: VETERANS REQUEST FOR EXPEDITED PROCESSING Waiver of AOJ Consideration of Additional Evidence & Waiver of the 30 day Waiting Period By signing this waiver, I understand that I waive two procedural rights in connection with my appeal: 1. I waive my right to have VA wait a minimum of 30 days before certifying my appeal to BVA. I request that my RO forward my case to BVA immediately 2. I waive my right to submit additional evidence for reconsideration by my RO. This means that if I locate and\or wish to submit additional evidence after today's date, I waive my right to have this case remanded (sent back) to my RO and request that BVA consider any new evidence during their adjudication of my appeal. I presume this document allows me to file appeal via NOD and recently acquired New and Material Evidence. Your responses are greatly appreciated. Just to reiterate; My VSO retired, the new VFW personnel are trainees. Thanks.
  4. Hello, I am looking for an answer as to how to proceed with denied IU claim. After having a formal DRO hearing in seeking an increased rating for PTSD; a hearing that my VSO and myself thought had gone very well, with the DRO agreeing with the various issues discussed; well, it all went down hill after the Hearing. We were looking for a 10% increase, the DRO suggested to file for IU claim to see if I could get a 100% rating. The stipulation she set was to undergo an additional C&P exam at the VA's compensation Dept at the VA hospital, not the Mental Health where I see a psychiatrist once every 3 months for meds management. As we wrapped up the hearing, we felt positive about how well things had gone during the hearing; the Review Officer was understanding and friendly and seemed to side with us as far as the issues discussed were concerned. Needless to say, I had the C&P exam soon after the hearing and this is where everything crumbled. The examiner was not Vet friendly, was indifferent and arrogant. I felt from the very beginning that this was not going to work as far as positive results from exam. This young VA shrink's deameanor had denial written all over his face. Then Bingo; I get the SSOC denying claim. The examiner's diagnosis statement in the SSOC's reasons for denial was a complete sham. this guy presented false, misconstrued, misleading statements. His diagnosis does not even concur with my VA's Mental health history. He stated to me that he had read my record, but his bogus statements make it clear he probably just casually leafed through a few notes. My question: I obtained "New and Material evidence" from an outside Psychiatrist who has actually written 2 Nexus letters that have been disregarded during the process. I showed him the SSOC and the examiners reasons for denial statements; he dissected the SSOC and all the errors and false statements and wrote a third Nexus letter addressing the misfacts. Do I proceed now by writing an NOD and request a BVA hearing, or request a re-consideration\review. If I go with NOD, do I submit the new evidence with the letter? The SSOC gave me 30 days to respond; I am now beyond the 30 day suspense date, it took a while to obtain the Psychatrists' outside opinion letter. Just need some advice opinions as to what path to take: BVA and NOD with new material evidence attached; re-consideration, perhaps another DRO hearing? It's been suggested I get the claim out of the VARO. I just don't know, just a bit confused. Thanks in advance for your responses. By the way, I no longer have a VSO, he retired due to illness.
  5. Does anyone know if a DRO hearing can be re-scheduled? I filed for a DRO hearing for PTSD two years ago; I unexpectedly received a letter from VA Regional stating that I am scheduled for a DRO hearing March 27th. I will not be able to attend the hearing as I am out of state for medical appointments\therapy. My question is: can DRO appointments be re-scheduled, does the VA Regional permit\allow reschedules. This letter with appointment date was unexpected, it just suddenly arrived. Has anyone ever needed to re-schedule a DRO hearing due to schedule conflicts. As I mentioned I got hit wih this out of the blue so to speak. I would think they would let me know with plenty of notice or a phone call to schedule the hearing. Anyway, if anyone has experienced the issue of having to re-schedule or wheteher the VA even grants you request for DRO hearing please let me know. Your advice\suggestions are much appreciated. Jim
  6. Hello and thanks for your reply. As you mention in your reply, I am SC'd for PTSD and as you indicate: "To get an increase you need to meet the criteria (with medical evidence) for a higher evaluation. Your prior rating decision should state what is needed for a higher evaluation". My dilemma is that the Nexus letter I submitted meets the criteria needed for a higher rating, the medical evidence\diagnosis is throughly explained in my Psychiatrist's Nexus letter. The Nexus letter does state what is needed for a higher evaluation. The criteria in the Nexus letter was ignored, their decision was made according to the VA examiner's report. When reviewing the Nexus letter and the Examiner's report the latter report which was used for their lowball decision does not reflect an accurate true diagnosis of my condition. I just don't know how a Psychiatrists diagnosis stacks up to a Social Worker's diagnostic report. I would tend to think a Psychiatrist's medical expertise would outweigh a Social Worker's degree of understanding of the so very complicated PTSD mental condition. I had a similar situation happen in regards to my service connected injuries. The last C&P exam was performed by a Physicians Assistant who was, that particular day substituting for the Phycisian who was off for the week, when he submitted his report it was grossely diagnostically innaccurate; I obtained a copy of his report, presented it to the 3 orthopedic surgeons who have treated me for such injuries for the past 6 years; they wrote 3 Nexus letters indicating the innacuracies and wrong diagnosis of injuries. I have had two surgeries with another one pending later this year. It has been written\documented by Mental Health Doctors that my physical injuries are a major stressor that adversely adds stress to my PTSD condition; the reminder of how these injuries occurred in combat operations, the chronic pain, the surgeries and more pending; and yet nowhere in their "Reasons for Decision" reports do they make mention of the stressor\service connected injuries, (My private sector Psychiatrist brings all of it to their attention in his Nexus letter), I have discussed the issue with the VA therapist numerous times but for whatever reason the've ignored to make comment and the point that these injuries add tremendous stress to mental condition. Regarding my PTSD DRO hearing coming up, anybody have suggestions opinions in how to approach and get ready for the hearing? as I mention, the criteria required was explained in the Nexus letter; unfortunately they disregarded the criteria and used the VA examiners misconstrued reports. Thanks, your help is much appreciated. Just trying to find an angle for the DRO hearing. Jim
  7. Hello everyone. Two years ago March 2010 I was awarded a lowball rating for PTSD. I submitted an NOD letter for a review of discrepancies, innacuracies etc observed in their "Reasons for Decision". I requested a review for a higher rating. When I filed for a review I had for several months been seeing and getting counseling\treatment from a private sector Psychiatrist who wrote a very good Nexus letter stating symptoms and gravity of mental condition. I had to seek help from a private sector Psychiatrist because shrinks at the VA do not write support statements for Veterans. This was made very clear to me when I requested a support statement from my VA Psychiatrist, all it took was one word from her "NO!". The frustrating issue is that for the past 5 years I have been under therapy from a VA Social Worker, the Psychiatrist just manages my meds. As I read under "Reasons for Decision" it is apparent that the Social Worker has downplayed the severity of my condition; I imagine when the VA letter refers to "The Examiner" they are referring to the Social Worker. Well, the Nexus letter from the Psychiatrist and his diagnosis for more accurate PTSD condition was very minimally taken as evidence and consideration; they used the VA examiners (The Social Worker I presume) innacurate reports in my opinion as evidence for the lowball rating. I got into a tissy fit with the Social Worker last year, now I am just seeing the VA shrink for meds management. Just yesterday I received a call from VA Regional, they are going to schedule me for a DRO hearing regarding the issues. Does the Nexus letter still carry any weight to make a difference for a fair rating? Criminy, what is bothersome about the claims process, therapy sessions, meetings with Doctors etc; does a Vet have show up for these, unshaven, dirty, disheveled. Seems to me, if you comb your hair, have a clean shirt and pants they may just opine one does not suffer from PTSD condition?. Any suggestions in how to prepare for the DRO hearing would be greatly welcome and appreciated. Thanks. Jim
  8. Hello everyone. I have been gone for several months and justhave been dealing with health issues, claims process etc. The latest action taken by the VA was to deny my claim for secondary ailments, (feet, knees and back) as I wrote several months ago these ailments are the result of a primary service connected injury to right foot which requred reconstructive surgery. Secondary issues have been confirmed by my surgeon and 2 additional Orthopedic surgeons who have provided support statements explaining the issues. The VA sem to have ignored these support statements by established medical Doctors, they just refer to the C&P exams I had at the VA Hospital. I had my last C&P exal almost 2 yeats ago, it was performed by a Physicians Assistant who upon my meeting him said "I am substituting for your exam for Doctor -------- , I really don't know what to do so it shouldn't take too long" it was a real quick simple exam; first he took my blood pressure three times, the measurements were: 142/84 - 168/86 - 201/109 - Now something is wrong here, these BP measurements are way off incorrect, the PA made no issue of it so we went ahead with the physical exam which consisted of manipulation of both feet, knnees, hips and back; had me walk a short distance then said: "Ok, put your shoes on, we're done". I assumed at the time that this young man might be a Doctor on resident status but the C&Pt reports him as a PA. I have 2 Doctors appointments scheduled soon and a meeting with VSO, I will present a copy of the C&P performed by the PA; I need to find out if the C&P was or is valid as they denied my claims in accordance to that particular exam. The PA's diagnosis states that all secondary ailments are attributed to the age process. There are discrepancies in the report, and diagnostic comments are contrary to my Orthopedic Surgeon's diagnosis of my primary injury and secondary issues. My primary service connected injury was given a 10% rating 4 years ago. Anybody in the forum know if PA's exams are valid in the process of denial\approval of claims. Your opinions, answers are greatly appreciated. Jim
  9. No John, I am no longer working, lets say I was slowly forced to retire due to my PTSD condition in addition the meds for the mental condition made a great negative impact as the side effects are detrimental to focus and perform up to par; the fainting spells, dizziness, lack of energy, memory lapses and so on. An additional reason for not working any longer is that I have a combat connected injury which required surgical fusion of joints in my right foot, therefore my range of motion is severely limited; I have had a second surgery on same foot. That left me with pronounced limp and can't be on my feet for very long. I am on 4 different types of medication for the PTSD plus meds for my right foot injury. My left foot needs surgery as it has deteriorated over the years due to compensating for the right foot injury. Along come the secondary problems with knee, hips and back pain; the physical issues surgeries etc, furhter aggravates aggravates my PTSD condition. Anyway, I'll keep at it with the claims process, I'm hoping to make progress; I was 30% initially, then they gave me 40%, now I am 60% overall, hopefully the NOD will help a little more. Thanks for your help. Jim
  10. Thanks a bunch for your replies, and yes, I do feel like I got low-balled on the ratings. I got blind-sided when I had my very first PTSD evaluation. I thought it was going to be a short meeting with the Psychiatrist, instead it turned into a 3 hour nightmare, things got a bit out of hand, I was a basket case when it ended, It took a lot out of me, I regressed to the old bad days there in a little office, venting the nightmare to a total stranger; in my case I believe that the 3 hour meeting screwed me up worse. Anyway after the evaluation I was immediately taken to the VA hospital and put on meds. It's been a struggle and it's been tough going to therapy. It also makes it tough to get to the VA hospital as I live in a rural town. Anyway, for me it's frustrating because the VA Mental Center has all of it on file as I explained in my previous post, but in my opinion the rating letter contains watered down statements so to speak. I will get a NOD submitted. Thanks all. Jim
  11. Hello everyone, again opinions, suggestions are greatly appreciated. I posted a couple of weeks ago that the VA had raised my overall\combined rating from 40% to 60% .... In their letter they break down the PTSD compensation thus: "Old Percent assigned 30% - New Percent assigned 50% I have an additional 10% for service connected injury. Anyway, my wife and I decided to leave town for some peace and quiet, took my VA documents with us to try and digest the VA's decision and evidence used for the new 60% overall rating. In carefully reading the section "Rating Decision For Your Review, It Provides a Detailed Explanation of our Decision" we found various discrepancies between the C&P examiners report and the information the VA obtained from the Veterans Mental Health Center. In their explanation for the decision they are twisting my condition to seem or appear to be less serious than what it is. I received treatment from a private sector Psychiatrist and submitted his IMO statement; in their explanation regarding the IMO, little consideration was taken into account. What concerns me the most is the misinformation they say they obtained from the VA's Mental Care Center; I have serious PTSD issues, I am in therapy with a Social Worker at the VA but somehow the gravity of my condition has been misconstrued and interpreted wrongly. I will write a NOD letter; my question: is it best to request a DRO review and hearing or go with the BVA process which I think it's a longer process. Thanks everyone, your are all much appreciated. Jim
  12. Thanks for the reply Carlie; I guess I still don't have a hold on VA mathematics. My question; if I was 30% PTSD how did I get to the new 60% rating? I am guessing the VA chucked the 30% and put me in the 50% category? plus the 10% for service connected injuries = 60%? ,,, Also if you don't mind, I may be out of line with the following question as it might need to be posted in different forum. John999 below indicates "if unable to work to file for TDIU"; is this process very tidious? do I have to file and submit all medical records. support statements from Doctors etc. all of which the VA already has on file? ,,, I am not able to work, the PTSD meds which help very little with my mental condition do tend to make me zombie like so to speak; memory lapses (thinking and acting more slowly), lack of focus, I could go on and on with side effects. Also my physical injuries, the surgeries which have resulted in overall limited range of motion plus the meds for physical pain in addition to the meds for mental condition; well again, it goes on and on. Just looking for an answer regarding filing for TDIU. I am sorry, I am still ignorant regarding the claims process. Regardless, I will take John999 suggestion and submit a TDIU form. Thanks again, your responses are appreciated. I will look in the forum for more info, but I guess the TDIU form is submitted to VA Regional? Jim
  13. Hello everyone, received a VA letter last week stating that my new overall rating is 60%. I was 30% for PTSD and 10% service connected injury, 40% total. I filed for a PTSD increase late last year so for PTSD they have awarded me an additional 20%. I have an additional claim in process for secondary ailments, if that claim is approved and I am I'm taking a wild guess, the VA might award an additional 10% which will add up to 70% total? I am speculating on percent increases as I read somewhere that by law the VA awards increases in 10% increments only? ... Anyway, thanks for everyones advice, opinions and in particular the "HADIT" web site which has been of great help in navigating the VA's claims process. Thanks. Jim
  14. Hello everyone, I've been gone for several months recovering from my third foot surgery, lengthy recovery it's just too debilitating, stress meter way up; just to cut to the chase regarding claims, I've explained it all in previous posts but this is my current situation: I have a 40% rating, 30% for PTSD and 10% for service connected combat injury. I submitted a claim for secondary physical problems (left foot serious issue, knee, hip, back problems). Claim for secondary issues submitted 2 years ago, had 2 C&P exams which turned out to be just chats with the VA Doctor, his medical reports state "Inconclusive" contrary to support statements I submitted from my surgeon and additional medical Phycisian's IMO support statements. ..... they tell me this additional claim (secondary issues) it's still in process. I submitted a claim for an increase for PTSD condition last year, I saw a private sector Psychiatrist for 5 months for secondary opinion and IMO support letter which I submitted to VA Regional. My question is: Is having 2 separate claims delaying the process? I submitted all support statements from all Physicians, Surgeons etc. until I had no more to submit. The statement in the VA examiner's report "Inconclusive" makes me ask and wonder; where do we go from here. As far as my PTSD claim for increase goes, the VA keeps sending me letters stating "they are still processing claim, they'll be in touch in 90 days" My VFW Rep. says it is just a matter of being patient, we can't do anything but wait for their decision. Is he correct? Do we just sit and wait who knows how long for a response whether positive or negative? In the meantime the 90 day notices keep coming. I don't know, I just have the premonition that there is something I should be doing to get more info about claims status. I have been undergoing treatment at the Veterans Mental Health for 4 plus years, They are aware of my condition but do not help Vets with support statements. Anyway, suggestions, answers, opinions are appreciated. Thanks a bunch. Jim
  15. Hello everyone; I've been gone and have not posted for suggestions\opinions lately due to hospitalization, another surgery, VA mental health therapy and so on. I hope to get some opinions suggestions regarding status of my claims; I realize there are answers through out the "hadit" website which has been a tremendous help in navigating the claims process and I am still learning to be patient and keeping my cool with the VA's Merry go 'round process. Anyway, as I have mentioned previously, the VA's Mental Health Doctors will not write support statements regarding PTSD condition; I requested support statements but in so many words I was told rather rudely that they don't have time to write support statements; my blood boiled with frustration\anger but I kept my cool and composure. I have a 30% rating for PTSD and additional 10% for physical injuries. I currently have a claim for secondary issues to primary injury in process. I had the VBA hearing in October of this year, file was sent to D.C. - claim was remanded and file was returned to RO in my state for a decision, they scheduled a second C&P physical exam. With this particular claim I am at the point where they tell me they'll keep in touch and expect letters every 3 months while they review the claim. Now back to PTSD claim. Since support statements from VA mental Health shrinks were denied I went to a private Psychiatrist; have been seeing him for the past 4 months, yesterday he gave me his support statement which I need in order to request an increase for PTSD condition, as I mentioned I am currently 30% - Now this might sound like a stupid question to some of you who have gone through the process; question is: Will submitting support statement from private sector Psychiatrist immediately, conflict with the Physical injury claim which is currently being evaluated by the RO? Will having one claim in process and requesting the increase for PTSD put the brakes to the entire process and further lengthen the waiting period for their evaluation and decisions? Also is there a form needed when requesting an increase for PTSD issues. Anyway, Thanks in advance for opinions\suggestions and have a nice and humble Veterans Day. Jim
  16. Carlie, please; yes, help me change my username, right now my brain is a bowl of mush, so your help is much appreciated.. My new Username: JamesPT. Will that get me out of trouble?
  17. Carlie, I am terrible sorry about the two messages you sent me, I will get my username changed right now. Didn't intend to ignore the messages, had no access to pc for passed 2 weeks, Apologies. Jim
  18. Hello everyone. Just seeking opinions for those who have navigated the so frustrating claims process. As I mentioned in my previous posts, had a VBA hearing before a washington DC. Judge; file was sent to DC, it was then remanded for an additional physical exam at the Vets Hospital. The exam was done in middle of June of this year. Now I am getting statements from the VA Regional stating that they are still working on my claim for service connected compensation, it goes on to say that they have forwarded my claim to the Rating Board for a decision and that they will continue to contact me every 90 days regarding the status of claim. Criminy, just receiving contact statements every 90 days may just be their way to delay on a decision and leave me hanging until hell freezes over. I have submitted numerous statements from Doctors, surgeons, family memebers war buddy statements, Physical Therapy for post surgery to service connected injuries and so on and so on. I just have no more statemets to submit. I will also request an increase for PTSD condition; I have been seeing a private sector Psychiatrist for a support statement, I will get his written statement next week. Had to go that route since the VA shrinks don't write support staments regarding PTSD condition. I am hoping the Psychiatrist's statement helps for the increase request; for all I know at this point we are going to go the rounds and continue the vicious circle which as many of you know adds to the mental stress and it's all very debilitating. Somebody please tell me; is it all worth it? I am mentally and physically a mess on the verge of ending the bureaucratic battle. I think I have to dig down deep and get my fighting spirit and continue with the process. Anyway, God bless all of you ladies and gentlemen. Comments are truely appreciated. So long for now. Jim
  19. I was also unde-rated for PTSD at 30% and 10% more for service connected physical injury, I guess that makes me 40% total. My VFW rep and I are working on claims regarding secondary issues related to primary physical injury; this claim is in process and no obstacles so far, keeping my fingers crossed. I was in small arms unit in NAM for 11 months, they rated me at 30% solely because I have the CIB (Combat Infantry Badge), they didn't take into consideration the hell and fire and the trauma that over whelms you once we come back home. I am under treatment at the Vets Mental Health Center and I am on meds that do nothing but numb me, and there are additional awful side effects to these. Unfortunately in my case the VA shrinks refuse to write support statements in support of your condition when seeking more than 30% for PTSD, I guess it's not in their best interest to help you, they just load you up with a bunch of pills and hope you don't kill yourself or viceversa, just my opinion if this statement insults someone. I am seeing a Psychiatrist in the private sector who is more than willing to help me get a higher increase. This Doctor was a Major in the Army and hates the VA's treatment of combat Vets, he knows the system inside out and the devious angles the VA resorts to, to deny claims. Nothing is guaranteed, but finding a good Psychiatrist who was in the Army and knows the VA's evil ways ought to help some. Coming to this forum has been very helpful, there are many good people here who are very wise in these matters. Don't give up, it's frustrating but stay on top of your claims. Jim
  20. HOPE THIS HELPS VETS NAVIGATE THROUGH THE CLAIMS PROCESS. By; Robert White I'm a former case development paralegal for the BVA. If you do the following you will have a better than average chance of winning your claim. 1. Gather all the military, private and VA medical records (get copies made). 2. Review your military medical records and make a list of every ailment that you had while on active duty. 3. Cross reference all your military ailments with your civilian ailments. If the problem persists or a secondary issue has cropped up as a result of the issue that developed during your time in the military then you need to apply for that issue (as a secondary issue). 4. Go to the VA web site, www.va.gov, and down load all the Fast Letters, Memo's (go to “SEARCH” at the bottom of the first VA Web Page and type in Fast Letters and then Memo’s) and any other documentation that will support your case. 5. Go to the DAV, PAV and any other VSO web sites and bookmark them (and down load anything related to your claims). 6. Get statements from all private doctors or other medical provider, have them state that your problems are DEFINITELY service connected. If the doctor uses the word possibly or probably the Medical Provider will have given the VA the excuse it needs to dismiss the doctors statement. But, if all the doctor can say is probably, don't throw it away. Get more than one doctor to say the same thing then write if two doctors say the same thing, then the reasonable doubt rule should apply and the probability is slim that the issue ISN'T service connected. 7. Get statements from anyone who knows you and your issues. Have these individuals state how the problems affect you (example: It is hard to bend over, or squat, or hear, etc..) Did you know you can get statements from anyone that knows you, yes your wife, kids, parents, co-workers even the guy/gal walking along the street. All of these people can contribute! All their statements are evidence that must be considered. If you have them put their phone number down on the statement and request the adjudicator to call (not if they have any questions), the adjudicator is required to call. 8. Go to http://www.findlaw.com or http://www.veteransresources.net/database.html and look up all Court of Veteran Appeals, US District Court, US Court of Appeals and Supreme Court decisions that affect your issues. Use these sites to support your other evidence. Do your own legal research! 9. If you have been going to a Vet Center, request a copy of their records. They are independent of the VA medical system (CAPRI) so you need to get a statement or copy of your providers notes or both from your treating Social Worker. 10. If you have gone to Voc Rehab, you were evaluated by them. Do a Privacy Act request and get all copies of evaluations and anything else (to include reports of contact [ROC]). The Voc Rehab evaluations carry some weight, since they are independent evaluations. Get copies of the contractor evaluations and the VA's Voc Rehab evaluations. 11. Go to http://www.warms.vba.va.gov/bookc.html. Look up what your issue is and determine the percentage that you want to apply for. Now 98% of the Veteran Service Rep's (VSR's) will tell you not to give a percentage, but if you don't ask for a percentage and you are awarded 0% for an issue, you can't complain because they gave you exactly what you asked for. If the adjudicator denies your issue and you did not ask for a certain percentage, then you have to prove they didn't follow proper procedure (this is very hard to prove). Your VSR will tell you that the law can change. Great, if it increases then just fax, email (w/receipt) or mail in an updated request. If the percentage decreases, you don't need to do anything. The Veterans Claims Assistance Act of 2000 allows you to the law that is most favorable to you to be applied to your claim so don't change your percentage. 12. If you have been seeing a counselor at the VA Hospital, then get him/her to write you a statement of how bad they think you are. Plus, write up a statement on your own, let the adjudicator know about your background, your stressors and how this effects your daily life. Always and I mean Always have this statement lean towards your being suicidal, wanting to kill people and your wanting to harm not only yourself but others. 13. Current law favors the Vet. The VA fights it but you can use this to your advantage. Invoke VCAA (Veterans Claims Assistance Act of 2000). Read, understand and learn what VCAA can do for you. If you are within a year of the VCAA letter you received, then you have rights to reopen old cases, don't let that pass. (go to http://www.ptsdmanual.com/vcaa2.htm for clarification) 14. Go the VA web site, go to the http://www.va.gov/vbs/bva/ or http://www.veteransresources.net/database.html to research all BVA (Board of Veterans Appeals) opinions on your issues. These legal opinions as well as the courts opinions narrows the focus of how the adjudicator can look at the evidence. 15. You need to put together a narrative that reads like a graduate paper. You will refer to evidence that you collected (items 1-9) as well as. You tell your story as to how you were injured. I would also compile all the evidence by issue. Yellow highlight that pertains to you and your issues. Site this in your narrative. 16. You are entitled to claim all periods of active duty, all periods covered under Vocational Rehabilitation and any injuries suffered under the care of the VA for the purposes of disability claims (issues). You need to list all periods of active duty, to include ADT and reserve time. There are limited benefits for non-active duty personnel. By stating the periods of active duty, and providing documentation (such as copies of orders), you will increase your chances of winning your claim. 17. Go to your private doctor. Have him do the C&P exam the correct way. Go to the C&P office at your local VA Hospital (if your too far away, have them either email or fax to you the exam criteria). Make sure he is a specialist (preferably board certified) in the field. Then show him the exams you were given by the VA as well as all your personal medical records on this issue. Ask him if he concurs with their exam. If he doesn't, get him to put it in writing and cite the different tests that he performed to support his conclusions. Thus you beat them at their own game. When you write it up, make sure you had the "COMPLETE" C&P exam done by a private doc and the VA doc's refused to perform the proper tests. Under the reasonable doubt rule, you have proven your case, and they failed to prove theirs. The VA is like a willful child. You have to pull the child by the ear and lead it in the direction that you want it to go. If you let anyone else do this for you, then your doing yourself a disservice. The VSR's are overworked and after you leave their office, will pull up a template and plug in the issues and submit a formatted claim. Which one do you think will have a better chance. The only way to speed up your claims is for you to be dying. There is no accelerated claim process. Trust me when I say this, your situation is no worse than most, I have seen worse. Some individuals claims had gone on for 22 years. I have heard of longer. My guess is you will get something but not what you expect unless you follow the steps I have outlined above. The money you get will be minimal compared to what you need. If you have a rating of at least 20%, then you should apply immediately for Vocational Rehabilitation (if you haven't already done so). Voc rehab will give you between $500 to $600 a month while your in school (full time.) At the same time you can retrain for a new career. You all know your stories, tell the VA how you were injured, cite the times you went to the medial facility, and later the follow-up care you have received from your private doctor. Invoke the REASONABLE DOUBT clause as well as VCAA. Site VBA and Court of Appeals legal cases that support your claim that you are entitled to a certain percentage rating. YES, review the ratings percentages. Think of your worst day (pain, etc.) and rate yourself on that basis. After a few years your pain will probably be at that level, unless you can get the symptoms reversed somehow. I listed every time I went to the doctor, provided a copy of that medical record, highlighted the medical record and bunched them together in a group so the claims examiner did not have to hunt for the information. I IDIOT proofed the claim! I wrote my claims and other peoples claims (and they received everything they have asked for) because I anticipated the weaknesses in the claim and found the law or regulation that supported that weakness. I also looked up medial studies to support my claim and provided those studies (were my case might be weak or a secondary issue) to help in the adjudication process. I especially like VA or DoD or National Institute of Health medical studies. Its hard to argue with yourself when yourself (the government) has come to the conclusion that the problem exists and what the symptoms are (which are the same symptoms your reporting). Remember, the service organizations receive thousands of requests for representation. These organizations use canned letters that are ok, but not necessarily in your best interest. If you provide them with most if not all of the research, it will make their life easier when they go to write the cover letter. They will know what cases to cite and can do a better job in supporting you (if you choose to use them). ***** I constantly read about the VA messing things up, but I never hear of anyone taking the bull by the horns and doing anything about it. Most people rely on the VA to do the right thing. Or you rely on the service organization to do the right thing. Don't count on them. You have to be responsible for your own actions.****** Having worked at the BVA and having done the prep work for the appeals, I can state one good reason why they take forever. You as the veteran did a lousy job of documenting what was needed to win. You had enough evidence to raise doubt in their minds, but not enough evidence to justify or prove you have a existing issue and if the issue was aggravated by the service, or voc rehab or your visit to the VA. Follow the steps below to gather as much evidence as possible. If that fails, the BVA paralegals have 3-5 4" binders full of address and other resources that they can call upon to develop your case. If you want to win, you have to do a better job at preparing your case. A REQUEST: If you follow the steps listed above, would you let me know how well you did on your claim. Thanks. To date, I have a 95% success rate. Robert White
  21. Craig; sorry for the late response, I've been gone for a couple of weeks , just catching up with e-mail. Craig, I am also new to this claim business, I am a combat Vietnam Vet, I got home with a serious injury that was misdiagnosed in NAM and PTSD. When I came home I went to the VA numerous times for the mentioned issues, unfortunately for me I was refused counseling and an evaluation for my physical injury, they told me to go see an MD. I finally gave up going, they were rude\insulting and out the front door I went, I promised myself not to go to the VA anymore I had no choice but to suck it up for 40 plus years until two years ago I couldn't bare it any longer, I broke down mentally and had to have reconstructive surgery on my right foot and my left foot also needs reconstructive surgery later on this year. So here I am 60 years old and going through the claims battle with the VA. Once I started the process with a VFW rep. I promised myself this time not to give up no matter what. Little by little we are getting somewhere with my claims; they have denied but I have appealed, I have a good rep who stays on top of claims. Besides help from my VFW rep I have to do my part as well; for example, asking Doctor's in private sector for IMO support statements has been rather difficult as they do not want to get involved or claim they have no time to write a statements; I have been damn stubborn until they relent and write the support statements which have helped tremendously, I am also seeing a non-VA Psychiatrist, we are working toward a PTSD increase. I have also submitted war buddy statements from my Company Commander and First Field Seargent and my platoon medic, these have been key in going forward with the claims process. The advice from the the forum members has been valuable as there are many here who have been through it all. Like I said Craig, although it is very frustrating, and sometimes you feel like giving up (That is what the VA wants you to do) DON"T; keep plugging along, I gave up many years ago, but no more, I am taking this journey as far as I can, and by asking questions\advice from forum members you will make progress one step at a time, so to speak. I know I will keep asking questions from the forum members. Do not give up, be persistent and get a good rep. Good luck Craig for both of us.
  22. Thanks john999 for your reply. I don't have an attorney but I am working claims with a VFW rep. Regarding the C&P exam and claim for secondary issues, he accesesed my file, it just mentioned "C&P exam inconclusive" whatever that means in VA lingo. It just doesn't sound positive. I am seeing a private Psychiatrist, we are working toward a PTSD increase. We will have his PTSD report written up soon. This Gentleman hates the injustice and the way Vets are janked around by the VA. So with PTSD increase claim we are confident they just might relent and approve claim. I can't believe it's been 40 plus years since my Vietnam tour and the VA refused to see me in the many occassions I showed for help. I imagine battling the VA might get worse now that all these young troops will start arriving and begin their claims process. I am acquainted with young men who are already struggling with the system. Anyway, thanks for your suggestions and opinions; I welcome more suggestions as I navigate through this bureaucratic nightmare. Many thanks. Jim
  23. Hello all, I have two questions\issues and would appreciate any thoughts, opinions etc. I had a VBA hearing about 3 months ago at the VA Regional regarding claim for secondary physical conditions. I mentioned in previous post that my primary injury was a service connected broken foot; broke the foot when I bailed off the gunship at a "HOT LZ". I battled the VA for approval of claim for right foot condition as it was initially denied, after struggling with the claim it was finally approved, but they denied secondary issues such as damage to left foot due to over compensating for primary injury. Had reconstructive (right foot) surgery 3 years ago, as a result my left foot is worn out and needs to be surgically repaired; the other issues in the claim are chronic knee, hip and back pain. After the VBA hearing the claim for these issues was remanded back to the RO via the Appeals Management Center, a C&P exam was quickly scheduled for June 29th. I went to the exam, this involved mostly question\answer and a very casual manipulation of left foot motion exams of knees, hips and back with a VA Doctor. No X-rays taken. The Remand letter states "All claims that are remanded by the BVA or the US Court of Appeals for Veterans Claims must be handled in an expeditious manner". Does anyone know? does "expeditious" mean months or years of waiting for an answer or what direction all this is taking. I have submitted support letters from 3 Podiatrists including my surgeon regarding secondary physical issues\injuries, as I mentioned my left foot needs reconstructive surgery. How much more evidence does the VA want? Do they wait until one runs out of options so that they can deny claim. Does anyone recommend writing my State Senator, perhaps his aids can look into the situation to get some answers. I am just asking, perhaps someone in the forum has experienced similar circumstances. I am currently working for an increase for PTSD; 11 months in combat and all awards received; CIB, Bronze Medal, two Army Com Medals etc etc, I was given 30% rating. I go to the Veterans Mental Health for treatment, the Psychiatrists will not help with support letters for an increase, I asked, their answer is that they are not there to write support statements, as it would take too much of their time for Vets therapy. I can't seem to hang on to one Psychiatrist, I regard it as a Merry go'round because I am seeing a fifth shrink, I get bounced around from one Doctor to another which is very stressing, it's like starting therapy all over again every time they assign me a different Doctor. Please, any suggestions, opinions are appreciated. Jim
  24. Hello again everyone: Well, I had the C&P exam at the VA Hospital for secondary issues, (worned out left foot, needs to be surgically repaired, chronic knee, hip and lower back pain. All secondary issues are the result of a broken foot during ground operations in NAM; the broken foot was not treated properly, I was back in the bush from H.Q. Hospital after a month's treatment). Sorry, I'm summarizing my condition from previous post. Anyhow, the C&P exam lasted about an hour, it consisted of about 30 minutes of question\answer and concluding with a range of motion of the issues in question; no x-rays were taken. The Physician who examined me was a young man who was covering for the Physician who initially had the assignment, he was absentee that day. I didn't know what to make of it; it was all very casual, the young Doctor was very friendly, I did avoid being jovial with him, kind of hard to do anyway when your body hurts. I did take and submitted all my Doctor's support statements as suggested by a forum member, the VA doctor was glad I had brought them. I am a bit dumb founded as to the casualness of the exam; hard to tell whether it was favorable or unfavorable as far as approval or denial is concerned. Right now I have a 40% rating, 30% PTSD and 10% for service connected right foot injury. I am in the process of filing for a PTSD increase, 30% just seems very low as I was in small arms unit for 11 months. Just suppose the claim for secondary issues is approved, will the increase be 10%? I seem to recall that increases are done by 10% increments by law?. Another issue that may be an obstacle is the fact that I worked for 27 years for the federal government, I dealt with my PTSD condition and physical injuries on my own for many years since the VA would not have anything to do with me, I went for help multiple times, just to be sent out the door with their suggestion to go see a family Doctor. I did very well in school (GI Bill); since I was unable to sleep I would spend nights reading my textbooks which allowed me to concentrate in school subjects and temporarily alleviate my PTSD condition. Finally, dealing with the war issues on my own took its toll and I fell apart mentally and physically (reconstructive foot surgery) 2 years ago. I got a VSO rep. started the claims process and ended up at the Veteran's Mental Health Center for treatment. I was inmmediatly put on meds. The meds for PTSD and pain killers due to my war injuries became a big issue at work, I was relieved of my regular duties and relegated to do absolutely nothing for the past 3 years. I was now useless so when I turned 60 years old I decided to retire. My question, if someone has an idea, would it be possible to submit VA Form 21-8940 and be considered for the benefit, I can no longer work, PTSD condition and side effects to meds are an issue; reconstructive foot surgery and degenerative condition\chronic pain of both feet. Is filing for increased compensation due unemployability like starting the process all over again, in other words are we talking about Doctor's support statements, C&P exams; items which have already been submitted during my claims process?. Sorry for the lengthy statement, just navigating the system and looking for suggestions\opinions. Your answers are greatly appreciated in advance. Jim
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