Ethan'sGrandma

I received a call this morning from the POA telling me that the decision had been promulgated and retro will be direct deposited on the 31st. I verified that on ebenefits which also notes the AB letter on there, although, I'm still waiting for the "official" award letter which I am hoping will soon follow. TDIU was deferred from the information I received from POA which I hope is not going to be yet another battle with years more, but it is what it is, and I know that others have been waiting longer than I have which is unfortunate. It took me 7 years to get to this point, many times wanting to just drop the whole claim deal which I felt was adding further to my distress, but talked myself out of it if it would be the last thing I would do...I would not give up on the fight for truth!! I thank the developer of the site and all on this website that have answered my questions over the years after I found the site. I have been able to learn much through others, only wish that I had found it earlier. I still have outstanding claims, plus the TDIU to deal with, but I am still going to stay on it for as long as I can, not planning on giving up. I hope a good resolution for all those still waiting.

After many years of walking what seemed like near the cliff with my claim, I am finally rated, with TDIU deferred. I am a bit confused about this and am requesting any thoughts on what I can do to get the earliest date possible, if TDIU were to be granted. The POA that I spoke with today confused me even more when I asked if TDIU were granted, would the date go back to when I submitted my VA application for service connection (2005). I was told that VA looks at when the TDIU was inferred, or mentioned in documents, which makes it more confusing in my mind. If in an actual rebuttal from me, it would have been in 2010 when I successfully disputed a C&P where it was inadequate, including the examiner "missing" that I was considered unemployable, receiving SSA benefits since 2000, which would clearly be in VA records since I'd noted it in my original VA disability application. I am aware that one agency's decision does not impact on the other's decision, but wouldn't that be inferred from the original VA application? Additionally, I will have to go to another C&P to determine TDIU which he said would open up the whole claim matter again, but if they tried to reduce, that there are no future exams scheduled, which further helps with the rating that I received? I don't understand why the last C&P exam didn't cover it, but I suppose that's not the way they have operated, at least not with my claim. I don't grasp why it would open up the whole rating decision when it's only recently that the decision was promulgated. Okay, so I can be a bit paranoid, but I've gotten to be very distrustful after years of the mishandling of my claim, so am wondering exactly what is it that they could be looking for. In 2005, I submitted the information that I receive SSDI since 2000, but VA never sent for those records until 2010. I know this because it's in a written document which made me suspicious that they were looking for what I receive SSDI since at the inadequate C&P exam, it was noted that I am insulin dependent diabetic. However, I was not diagnosed with diabetes until 2004, so my SSDI has nothing to do with any other illnesses, except for the mental category. So, can anyone give me any information of how to proceed? Thank you so much!!

In my experience, with my recent C&P, it was shortly after that the claim was decided. I hope you get good news soon.

I would add to make sure and get copies of all your medical...

I would just add that if you do decide to go the route for FERS, if it were me, I wouldn't get an attorney on an original application. Indeed, I found OPM to be the easiest to work with, so long as you have the evidence in order and an agreeable doctor. It's been years since I dealt with it, but from what I remember, it was a simpler process for that benefit...not able to do my job or any other job at my agency of employment. Also, they required an SSA application, even if awarded or not, but I had to apply for SSDI. Good luck...

Sorry about your denial and I encourage you to continue...don't give up!! They do look at age, as well as education, but there is nothing set in stone when it comes to denials/approvals, they look at the evidence and vocational ability. They do seem to be doing some of that, not sending for consultative exam, but going by what one already has as medical evidence. I don't remember it being that way much years ago, but I know I found it strange that my son never was sent to one of their own consultative exams, but only had VA information. However, according to the attorney, that was a better route because too much involvement by others is not always a good thing. The attorney worked with what was there, from VA, already. According to articles, there seem to be more people applying now, which is thought to be due to the economy, so I'm wondering if that's why they are not offering more development of claims? In any case, my son was originally denied, went through the process of appeals, all the way to court filing, but re-applied for SSA, pending the claim making it that far up. On the second round, he was denied again on the first decision, but at the hearing level, he was finally approved. He gave up the EED, along with the retro, by withdrawing his first claim because he did not want to continue that process with always the risk that they will change the claim, altogether. I think what helped his claim was the vocational expert they had at the hearing whom could not specify a job he could do with his limitations. The VA doc did also complete a report for him which helped a lot, also, with the claim since he had nothing else outside of VA treatments as evidence. He did obtain an attorney because a good one will help in developing what evidence is necessary and will make the argument at the hearing, which certainly helped my son's claim, due the vocational expert was trying to come up with jobs, but the doctor's report disputed the ability for any of the simplest the vocational guy could come up with. So, yes, an attorney is most helpful, imo. I can't give you any names, unless you are out of or near Illinois, since that is where his lawyer is located. Any SSA claim attorney can handle a claim, but if it continues to the higher court, out of towners will not do for that because it needs to be filed in the state. One thing to keep in mind when you do find an attorney which is something that I learned along the way, some will work the appeal only as far as the local hearing level. The one that my son found was through a referral from someone that already had used him for their claim. Maybe you can ask around your area for others that have needed to go that route? Otherwise, many times some attorneys become well known for doing that type of work within their communities. I wish you much success!!

That is great news!!

One will not always find a recent letter in the letter generator...I have been unable to find anything besides my basic military information.

Jaina, It's apparent that the docs are not giving any validity to your PTSD due to any military trauma, only relating to your childhood. The note you posted on here seems contradictory in that on one hand, they are saying BPD is the issue, but on the other hand, PTSD has been diagnosed, but not relating it to service. Then, they are not assigning your present symptoms to PTSD by what is written, but to BPD. Have you looked over the notes from your treating providers to note what is showing on their notes regarding symptoms? We know VA has access to that stuff, but it doesn't mean they're going to read it, so many times we have to point it out if something has been "missed" from the record. It looks like they are saying criteria for PTSD has not been met, except for the pre-military time, not assigning any to aggravation for during military time. I am thinking this is having to do with whatever symptoms you are having that are being noted by the providers, outside of whatever BPD symptoms they are noting. Some of the symptoms can overlap with PTSD, but that seems to be where the differences may not be being noted. I am assuming you are familiar with the criteria for PTSD as well as for BPD, but it may be in your best interest to review them to see if they are matching what has been noted by you to the providers and what the providers have noted for you that actually applies to you. Do you have copies of Vet Center notes? If so, is there something there that may help? Did you complete your statements and VA Form 21-0178a with assistance from your VSO? I'm asking because I notice in the VA letter that they mention that a lot...your lay statements. I noticed from my own claim that many things I would say would then get twisted, misconstrued, or whatever, so sticking to what is as evidence, as documented, then summarizing for them helped me. Re: SSDI...you say you've been denied twice. Was that on two separate applications, or is that based on denial on reconsideration, then at hearing level? Did SSA send you for their own consultative exam, or did they base their decision on what you already have as evidence? Did you have an attorney for their process? For SSA, a good attorney can assist in developing the claim. Is your SSDI claim done and over with, or do you still have appeal time left? You've come this far, so I hope you continue and with much success...

Wow...Jaina, I'm sorry that you've not received the assistance from Vet Center, but it must depend on area and/or individual since the lady that I had working with me worked well with me, and did give me a summary and included the diagnosis that I already had from my treating VA Psychologist. The Psychologist herself also took the time to write a summary for me. When my husband was working with them, too, the Vet Center were his main helpers with the system since he'd gone to the Vet Center before going to the VAMC. I suppose no two people will ever be the same as we all know, but it's too bad it doesn't seem from what you've commented that they appear to be supporting you, at least for claim purposes. There is certainly a lot to be gathered from VA progress notes, too, so hope you do find something useful for your claim. True, I wouldn't give them anything more, either, that's not going to help the claim. You're taking the necessary steps that you can at the moment and I wish you much success!!

Jaina, You have received excellent, detailed, advice on here. broncovet has given lots of great recommendations. Additionally, if you are unable to work, have you considered applying for SSA, meanwhile? Since they do not need any service connection, it may be another avenue you may want to look at, since you do say that the examiner did give you several diagnosis. They do appear to process claims a bit faster than VA, even if the first decision is given as a denial. As for your VA claim, from what you state, the examiner assigned diagnosis, but assigned them to originating in pre-military history, but what about during military history? It doesn't mean that the during military did not aggravate what is being claimed as pre-military. Are you in treatment? If you are, sometimes, you can request the provider give you a statement based on their professional opinion. I know that, sometimes, they don't like to do that, but I was able to obtain one from mine which I do think helped me. Also, a Vet Center MST Counselor helped me with some paperwork that I do believe that, among other evidence that I gathered and other attempts to help my claim, helped me for the claim. First thing, as broncovet noted for you, is to get in your appeal form, if you haven't done so already. I wish you the best with continuing this process!! P.S...I have sent you the details you asked me through pm...

Jaina, Are you working with an advocate or VSO? I couldn't tell from your posting if you are, or not. It's not necessary as has been noted and you are your own best advocate, but sometimes, if we are too overwhelmed, or not sure on how to proceed, it can be a benefit for some as well as looking for all the information that is on here, or asking those who've been down the process as you are doing. I found, also, that the attempt was to focus on before the military which had nothing to do with my claim, but it doesn't mean it wasn't tried. You say the childhood link was made to origination. Did you have treatments, diagnosis, evaluations, etc., prior to service, or was that from what was gathered in the questions from the C&P, or any treatments through VA, or what was noted from your entry exam? I found that if they could try to backdate a diagnosis, where there never was one, never mind any treatments, etc., it could be attempted as unfair as that sounds. However, then you can get into the issue of aggravation. From what you've posted, you seem to have a lot of information that you may have to go through, noting the timelines, how your diagnosis were assigned to those periods, etc., to come up with a rebuttal, using evidence. Have you looked for cases from the higher levels that can have similarities? There have been some that I found, but I don't have the information available right now. I don't know what all you have, or VA has for evidence, but I hope you don't lose hope that you can still sort through it all.

Thank you, Carlie, for responding...

Carlie, Can you post the reg for VA rule for mental health records? I can understand the rules the way it's been noted, but we have the ability to ask for a record to be amended, if found to be incorrect, or disagreed with. I am aware that it does not mean it will be done, but we do have that ability. So, if the records can't be made available, how would a veteran know whether it is correct? If you know where, within VA law it is written, I'd very much appreciate if you could share where I can find it at. Thank you!

I had been told by the release of information clerk that, sometimes, certain records won't be released, mental health records being one of them. However, I have never been denied the records, despite what he'd said, including the C&P exam. However, in dealing with the NRPC for mental health records, I received a letter back from them that those records could not be released to me, but to a doctor. In that event, I had my PCP request the records, she got them for me, then simply released them to me. So, I'm thinking it must depend on location, doctor, or even agency. However, you can also ask for a direct copy from your VARO for the report. That will take a little longer to receive, but I can't imagine that you wouldn't be able to get the report. I requested it from them, also, and received it, although it did take a couple of months...

I think lawyers definitely have their place in claims, especially when all we manage to get is a lot of run arounds, but sometimes, the end result can be positive, even without an attorney. My experience in working my own claim, without any help from the VSO, except for filing papers that seemed to get lost in the big VA mail room, is that the evidence and law is what's going to make it happen. I was ready to sign with an attorney, but the new C&P exam scheduled and my return of the contract crossed, so to speak, so I decided to wait to see if it would make a difference for me, before I sent the contract. I'm so grateful that I didn't send it back. I also had misgivings about the contract's wording in that they would take the case, but if after getting the copy of C-file they decided that they could not help, after all, they could rescind the contract. I wasn't keen with that because I would have to let go of the POA which, although, not of much use to me, I still didn't want to be alone with it once it went to BVA. In an appeal, I could not find another organization that would handle a claim already on appeal when I tried that route. The point is that If your claim is still being processed at VARO, you may want to give it a chance to get through. If you do end up getting an attorney, please be sure you totally understand their contract. Best luck with your claim!!

SCAATY, So glad to hear you will not give up!! Something I learned, though, and want to share...some will trip you up into giving more information than you need to, that is not even applicable!! Whatever you do, if you can, stay within information that applies to your time in service, whatever your issues are. They would like to make assumptions about how anything else just may be the contributing factor, even something that seems like innocently asked. Trust me...it's not that innocent!! I have walked a nightmare with my claim, one being some of the stunts, not even from facts gotten from me. In one of the denial letters, the attempt was to "backdate" a diagnosis, even as I'd never even been seen for anything relating to the timeframe, not for an evaluation, treatment, nor any diagnosis, not to mention I had been fine. Finally, it looks like my claim is at the end stage, but I could have avoided a lot of grief had I known about the truth. You can go through all the points in the C&P and rebut what does not apply, what you didn't say, what the evidence shows, etc., and request an adequate exam. It did take me two years to get one, but I did get scheduled for a thorough exam the second time around. Best of luck with your claim!!

I think that will depend on the mortgage company you are working with. My son recently purchased a home and they wanted the same surety, but waivered the form because there was no real way to obtain that information from VA. VA was not going to give any such letter stating that he would not be reduced, or similar circumstances, so they decided to waiver the document they wanted him to obtain. Can you speak with the mortgage company and see if you can get around that if not able to obtain the wanted info. from VA or SSA? My son had an FHA loan, but the requirement was from the mortgage company. Good luck with obtaining your loan!!

SCAATY, I understand the frustration. I hope you don't give up on your claim. I would fight this, also. I had an inadequate exam in 2010, full of all sorts of assumptions, not from records, which was redone in 2012 with another C&P for the same issue. The new C&P was what the first should have been. I hope you stay with it!!

So very true...they do have the same access. However, the question becomes do they always do as they could? In my claim, I have found that, no, my VARO has not always even followed VA's own rules. So, I have taken upon myself to make sure that they have what they should because only I care the most about my claim. Additionally, I have been able to note for myself when there have been errors of omission, misinformation, etc. in progress notes, thereby, giving me the opportunity to know what information they do have, and asking to have it corrected when possible, With my claim, I had to do what needed to be done to ensure they were not missing what is availabe and that it was correct. But, I realize that everyone has their own way of doing things and what worked for me may not work for someone else...

In working my own claim and helping others, I have obtained conflicting information about that, even from VA themselves. If it were me, I'd request my own progress notes through the local ROI office, copy them, and forward to VARO. I have done that myself to ensure they have them. It also gives me the opportunity to note exactly what those notes state. A little time, some copies, stamps, and certified mail fee, but I like to be safer than sorrier, knowing they do have them. Good luck!

doogie, I am so sorry about your discouragement, frustration, and depression over this process, but please don't lose hope. Have you attempted to contact SSA about the records? It's odd that SSA would not have given VA the records. However, I learned something recently, in dealing with my own VA claim, which could be causing this, although it still sounds odd to me. VA did obtain my SSA records, but not having any idea what is in them since I never requested them, personally, back when I should have, I attempted to get copies from SSA myself to see what they have. I was unable to get them because since my SSA claim is an older claim, and it is not for benefits sought from SSA, if I wanted the copies, it was going to cost me several hundred dollars because my documents are not on a disc, but on paper and they charge not only for the copies, but for processing the request. However, I flew off a letter to the privacy rights office of SSA, asking why I could not obtain said copies without a hardship to me since I have no remedy except to trust that VA is not attempting to use SSA files against me (which I felt they were, but I could not dispute anything, without those files.) I received a response from that office with explicit instructions and reasons for being able to obtain the copies without the ridiculous charges, one of them seeming to be if it was for another benefit (paraphrased as I don't have the letter in front of me. So, if I were you, I would attempt to request SSA records through my local office (they will refer you to them). Your claim is older than mine, so chances are, they are not on disc, so you may get the same response I did. At that point, you can contact the privacy rights office and attempt to get those records yourself by making note of what you need them for. After the fact, I did not attempt to obtain the records by the manner they explained in their letter because I am awaiting my pending official notification from VARO, although I will get around to requesting them through the process if I don't get my notice soon. If you are unable to track the privacy office, get back to me through pm and I will look for my information. I'd sent my letter by fax and by mail and received a response by mail. Please never give up...easier said than done, I know. Warm regards!!

I have never been sent for a QTC exam, so am not familiar of how much different the process is, but on a C&P exam that I was scheduled through the VAMC, I noted on ebenefits (it's useful for some things) when the file was returned to VARO (8 days from last exam). For my claim, it took about another month after the last C&P before the claim was looked at again, or at least according to the ebenefits site, which is the only availability to gather something. Since, I have called the 800# (another useless attempt), but the information they could give me was no more updated than what I already had. Regardless of exam examiner, it seems to me, VARO should have gotten the file back, unless they are expecting to schedule another exam. My file was kept at the VAMC until all requested by VARO exams were complete. It's too bad the person helping you with your claim is not returning your calls. I hope that you get better information soon...

RichSal2451, I am sorry for the worsening of your condition. There is an office in KY. Unfortunately, it does not appear to make claims any faster, at least not for specific ones, as my son has a claim for dependency being handled out of that office and, as yet, they have not moved on it for at least nine months. Prior to, it was being handled through the VARO, but was transferred to KY, with a total timeframe on a adding dependents hinging on two years now. I don't like to be the bearer of not so good news, but it seems to be hit or miss for some. SSA usually handles claims more quickly, whether denials or awards, through the local hearing level, so stay with it, while still working on the VA claim. SSA looks at the vocational abilities of the claimant, many times suggesting that there is a job out in the community that can still be done, but you can succeed. I had the opportunity to sit at my son's hearing as a witness and I noted that the main thing that seemed to matter was what the vocational expert gave as a response to the judge as to the two jobs that he believed could still be done, but the attorney had documentation from the doctor, listing symptoms and inabilities, which eliminated even those jobs found. In the end, when the vocational expert was asked if any job could be performed, specifically, as gainful employment, he was thorough and honest enough to say no. My son did have to resubmit a second claim while the first denied one was pending for the courts, but the hearing he went to on the second claim (awarded) led to an award on that claim. He lost effective date from the first claim, but he and the attorney decided it was in his best interest to retract the pending claim through the court, seeing as there was always a risk to go through the whole battle all over again. The second time around, SSA took about five months from application to award. As we expected, he was denied on the first round, but at the local hearing level, he was successful with the claim. It is my understanding that VA can expedite a claim for certain reasons. Have you attempted to try that way? I wish you much success with this entire process!!

This is what happened with my records when I attempted to get some that had not been included in a previous request to NRPC. They said that VA now had my records from active duty, so I should request them from VA. Then, VA said NRPC had my records from active duty because VA claims to have returned them. I did manage to get more records from NRPC after they'd said they didn't have them, but I had to do several requests before I got a hit...persistence. My records at NRPC are incomplete, they still stating that VA has them, but VA has not complied with a request for records. I suspect VA has some that I am missing, but VARO is too far for me to drive to for request of copies, so I am still waiting, hoping to be able to make it in person to obtain copies. If I were you, I would do both...request from NRPC and VARO. Hopefully, you will get the records, but it may take some time, more than you expected. Whatever you do, please don't get dissuaded from continuing to attempt to locate your records. By my persistence, someone at NRPC did find some and sent to me. Best of luck!!