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brokensoldier244th

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Posts posted by brokensoldier244th

  1. They probably sent both by mistake, or they mistook something in your claim as a claim for MST. Just send back the 0781 and indicate that you are filing for combat stressors only. 

     

    If you can get lay statements, get them. They do contribute to the claim by establish times, places, symptoms, etc. 

     

  2. Resubmit it and point specifically to where/when in your STRS and your post-service records this treatment appears. If you have records, send them, don't assume that when VA requested them from the Service that what they got was complete- what I usually see is far from it and I have to more than one request. Usually someone else did one months or years ago, and I do another one and end up with more stuff that wasn't originally in the STR or personnel record. If you have private treatment send those, too, or at least fill out a 21-4142/4142a with the info on it that gives VA your authorization to request from that provider (its only good for a year, then it expires). 

     

     

  3. Yes. They way they do it now appeals, reviews, etc all fall under supplemental claims, and, for you, you would want to do the 20-0995 because that allows you to submit new evidence. If you do the 20-0996 its a review (like what you did before, it sounds like) but you can't submit new evidence. 

  4. It could be that new evidence was found in your file and sent to them, or the RVSR could have kicked it back as being insufficient the first time with instructions on what needs to be relooked at and/or answered. Or, possibly, the clinician could just have a similar last name (just speculating, not questioning you, but it does happen).

     

    CAS

  5. Well, that depends. If its ruled a TBI it can have all sorts of cognitive effects, some more or less profound than others, but if you can point to the physical incident where it occurred I wouldn't waste time trying to go Secondary because the chance is high that your MDD/PTSD are masking each other and have nothing to do with the head injury.  I would file for the head injury based on your STRs and let the doc sort out if the mental stuff is connected or not. For a TBI claim there is usually a cognitive exam of some kind, anyway so you can bring up the MH stuff and if its in your records, all the better. 

  6. You can request it, and provide a reason, but that doesn't mean it will happen. It may be that the VAMC closest to you doesn't have capacity to do that exam (staff, etc). If they schedule you it may go faster, or it may add weeks or months to waiting for the exam. If it adds too much time we can't change it without a really good reason because we are supposed to go with whatever option is closest and most advantageously scheduled. 

  7. This is unbelievably important. VA batches and sends payments prior to the pay date, sometimes up to a week prior. I don't know when the cutoff for processing DD changes it prior to those batches being sent to the fed since I don't do anything with or work with anyone in fiduciary. If you submit a DD change in the 2nd half of a month and then close your current account anticipating the switch over you could be in for a very unpleasant surprise for the next month or more. Always wait until the new account starts getting transactions. Its no different than switching over any other account. I know my bank holds a checking account open for at least 30 days after the creation of a new one for this reason. 

  8. Migraines are one of the symptoms of myriad "Gulf War" conditions called MUCMI - medically unexplained chronic multi-system illness (38CFR 3.317(b)). If you fall into the EOD/RAD period for anything considered Gulf War/Southwest Asia for a condition (on the list in the CFR above) manifesting to a 10% or more compensable degree NLT 31DEC2026 then you were likely scheduled for that reason. 

     

  9. Oh absolutely! But, as Bronc said, when they are meeting with you they are more subjective, even cordial sometimes,  because you are right there. When they write the report may be some days later after they have reviewed the rest of the record and that can change what the overall observation is. They aren’t supposed to make judgement calls like that in the examination. 

  10. The doctors report, the raters decide. There is nowhere on the form for him to suggest a percentage, and they aren’t trained for that. Their job is to document symptoms and history.

     

    Do we read reports where they try? Sure, but I and the raters have the whole record available to us, too, and we’re more familiar with going through them every day. We can’t make medical judgements but we can tell when an examiner or IMO is bullshitting us.
     

    Especially the run and gun types that will write most anything if you pay them- they tend to pad they medical reports with more legalese than symptoms which usually screws you. Had they put that level of detail into the diagnosis there are veterans that would have been granted the first time out. 

  11. The MyVA phone app (or whatever it's called) is handy, too, since I don't have to go downstairs to my computer to get on MyHealthVet. I didn't think of the app or MHV, though, its been so long since I've had a C&P I couldn't remember if they ever showed up on those. Thanks for putting out that suggestion, y'all.

  12. Your two claims, if filed within a year before one of them is finalized, will be combined, so in some cases it can set you back because it’s ready to rate and then another contention comes in and it has to start over on the other claim. You CAN sometimes be partially rated in a pending claim, though, Covid loosened up the regs on that, I’ll have to check and see what the current status of that is. 

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