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Master Chief Petty Officer
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Everything posted by brokensoldier244th

  1. Make note of pre and post 'aura' effects on you, and potential triggers. Migraines have a cycle that they follow https://americanmigrainefoundation.org/resource-library/timeline-migraine-attack/
  2. https://www.cuddiganlaw.com/library/the-term-prostrating-matters-when-the-va-rates-migraines.cfm#:~:text=In general%2C the term “prostrating,the headache needs to be. This guy was my SSDI lawyer. I lost anyway, but probably because I was like, 37 at the time. He does pretty much only VA claims type work. He's pretty sharp.
  3. Many VAMCs and contractor locations around the country are not physically seeing examinees due to local conditions relating to Covid. In many cases those exams are scheduled as ACE (acceptable clinical evidence) where the examiner looks at all the evidence of record in order to make a determination. Otherwise, it would be months or more (yet undetermined duration) because a physical exam is dependent on whether or not the facility is seeing people. These are exams, and prior to a decision we also pull any other relevant information we can find from VAMCs, and also accept any updated treatment records you may have from a private provider.
  4. Your initial clam was rated, NOD'd, appealed, etc, and closed with the 0% rating date. The increase request is a wholly separate thing with its own effective date- should be the date of claim, unless you claimed within it that it should be effective earlier, or had evidence to show that it increased in severity earlier than the date of claim. That depends on what the doctor wrote, though- they can only opinion on what they observe and whatever clinical evidence they have in front of them. As for appealability, no, they aren't any different and you can appeal those just like a regular claim.
  5. If they are a contractor they can change their hours easier than a private practice, or, the doctor is moonlighting.
  6. Usually range of motion is easier but if you’ve missed time from work, I’ve used those records before, along with prescriptions receipts and whatnot. Phone call records from your doctor when you called them, maybe?
  7. So, he has a bronze star, but no record of it? Like, physically has one, or is this based on his recollection, or something from 40 yrs ago? It should be in his records somewhere- those citations don't usually go away. You may have to request an audit of his military awards https://www.archives.gov/veterans/replace-medals.html
  8. perhaps for you- my appeal took 2 yrs with SSA, with a lawyer, when I was already 100% with VA, and I still lost my SSA appeal- apparently counting chickens in a pen or something is a thing- 'cause thats what the Occupational person testified that I could probably do. That, and the judge wrote that my periodic filings for increases over 15 yrs constituted a "reliance on federal benefits...." after Voc said that I was not eligible for employment services at the time due to being unemployable. *shrug* Ive only had to appeal 1 finding with VA, and it was my own fault for submitting before I was sure I had all the evidence that I needed. Other than my first claim in 2002, I have filed all my own VA claims, successfully, except for that 1 appeal, and that only took about 8 months to resolve. SSA, in total, took 3 years for application, denial, appeal, denial, then appeal with a lawyer.
  9. It's pretty straightforward but if you don't have strs for trying to show schizophrenia then PTSD might be his only shot. So yeah, he'll at least have to write it down if the need a 21-0781, but with a bronze star he shouldn't.
  10. If you can prove rvn combat service (combat medals, orders, etc) PTSD is presumed, at least for the purposes of exams. That gets rid of having to prove element 2 (evidence in record of in service event). JSRRC can research for proof of stressor unless you already have that. I know you are claiming schizophrenia, but had heever had a workup for PTSD? Could he have been misdiagnosed? Just throwing that out there....
  11. Good question. Probably because the contractors make their own decisions for full staffing or not and vamc and VBA are on phased reopening. Ive been working from home for four months.
  12. That other stuff should be in the letter from her doctor including specifics about activities that she can’t do. Don’t put it in there yourself and merge it, because if va seeks validation from her doctor and then they say “what the heck..,” when presented with a letter they signed but didnt write, well, that’s bad. You can provide lay evidence, but having a doctor do it, or coooroborate it is a required part of the evidence needed. https://www.va.gov/pension/aid-attendance-housebound/
  13. They are treated just like any other medical record and are restricted only to mh staff. We only see the notes, not the whole session, whether it’s tele or normal. It’s no different than any other medical records.
  14. Plus, I do telehealth for MH, too, and in NE if they were recording they would have to tell me- we're a two party consent state. my doctor takes notes as we talk, just like if I was in there.
  15. IF it makes you feel any better, all VSRs can see are the notes from telehealth. We don't see recordings or even direct transcripts.
  16. Would you rather it wasn't recorded, then, if they DID "trick" you, that your lawyer and doctor couldn't find it during discovery later?
  17. I can empathize with that, but there has to be a record the exam- at least if its recorded its subject to discovery later. Its not like VA is just going to take a veterans word for it that they are disabled and hand out money. There do have to be controls. Its not any different than SSA, other than its a whole lot easier to get based on the standards applied vs SSA.
  18. I am not a rater. I am a pre-dev/development VSR. I have nothing to do with ratings/reductions/any of that.
  19. This (inferred claim) is also possible.As much as some like to bash on VA employees, there are a lot of us that actually try to help veterans within the constraints that we are saddled with. I have caught 3 errors this week that caused 2 claims to wait for over 2 months for exams (due to covid) that they didnt need because I found buried on page 100-whatever of their medical records entries (in one case) for something they were already 0% SVC connected for, making the claim not a NEW claim but a simple increase request, and they had evidence already of record. I was able to change it from 'pending exams' to RFD and have it rated that day. In another, I waved off a veteran from applying for a job (that I had seen in their phone weekly checkin notes on their VAMC records) because I could see that they had a pending approval for IU that they hadn't gotten the letter for, yet. So I emailed them. I explained IU and told them it was their choice, but I felt they should have all the information before making the decision to take a job because they needed one economically and it was causing them a lot of stress and anxiety.
  20. They don’t get paid by the va, so what’s the issue? The few times I had to work with mine before I started doing things myself if they had a question ofttimes they could just go ask the vsr or rater because they were right there, rather than calling, leaving messages, or emailing.
  21. They wont have seen that income that fast. Until the irs finished with it va wouldn’t even see it because it wouldn’t be income until after expenses were figured up (as you say it). It could be a 5 year, that’s the most likely. They aren’t going after iu for your hobby income.
  22. An issue how?? They would have rated you off your strs or by observation. The rest would obviously know that your records were in transit because they look for that while building the claim. They would look at the c and p, and look at the other evidence as it came in. Not seeing the veteran claim file doesn’t invalidate the dbq. It just alerts the rater to consider the gravity of the evidence on it differently. This is mainly an issue with private doctors. Contract and va doctors can see your strs and other stuff that the private doctor doesn’t see most of time.
  23. Has it been denied 2 times? If its a condition that you have already filed for and its been denied, then you have to either do a supplemental claim or a full appeal. If its just an increase and youve been denied before, then you need better evidence than whatever your denial letter stated. Finding VSO's, just google VSO- the main ones usually have reps either at most RO's, or in most major cities. There is no 'rating system' for VSOs that im aware of, though.
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