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Second Class Petty Officers
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About emptyshell

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    E-4 Petty Officer 3rd Class

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  1. BVA Awarded 100% TDIU and 70% PTSD back to 1994

    Thanks for the info Semper Fi. I have direct deposit now for years and can check my account status. I would like to know how long other vets had to wait to receive their back pay when it involved this kind of money? Could this take up to a year? Thanks
  2. Hello fellow Vets, BVA decision finally comes through and gives me 100 % TDIU. P&T and 70% PTSD retro back to 1994. I have been told this will be a 6 digit figure amount. BVA awarded me on 9/19/16. I keep checking my bank account but still nothing yet. What is the time length with an amount as of this to get to your bank account. Can anyone answer this for me?I am getting quite nervous and wondering if they can hold up this payment?? Thanks
  3. TDIU and 70% PTSD granted

    I do have an attorney, but never get to speak with him. I go through the attorneys assistant and they are not too helpful with my questions.I have some real questions and the assistant has no real answers. I sent the assistant that letter I received from Janesville, WI. But have not heard back from the assist as of yet. I will call today and ask if I can speak directly to my attorney. I do have direct deposit and have had it for years now. In my recent BVA decision, I guess my attorneys tried for an SMC consideration but not clear but I will ask my attorney if I can speak with him today. I do not have any other open claims with the VA. now. Just closed the BVA appeal 9/19 and that's it. I am so stressed because VA has pulled the rug out from under me for so long and so many times, I am extremely paranoid about anything the VA does regarding my case!. My blood pressure shoots up and I just feel sick anytime I have to deal with VA! I should feel good about this decision, but feel so bitter that I have had to fight them for over 30 years. It changes you when you have been fighting so long and now they (VA) finally recognize my claim as being legitimate and they are now making it right? So tired of this and just want to breath, hope soon I have a final resolve on my VA claim. I understand anyone who has to go through this crazy, mad VA system to get what is deserved to you as a veteran. I think of you all when I read your input on the forums on this website.
  4. TDIU and 70% PTSD granted

    I thought that may be the case since BVA gave me a decision here in late Sept. I do belong to ebenefits and accessed my account today as was requested and this is what I found. Looks like my compensation appeal is shown as closed 9/19. When I look in the disabilities section of my ebenefits, they have a PENDING disabilities section below the list of my current disabilities Tdiu Is Warranted Since March 18, 1994 09/19/2016 NEW Initial Rating Of 70 Percent For Psychiatric Disorder, To Include Ptsd, Is Warranted, Effective Since January 26, 1994 09/19/2016 Does this mean they are in the process of going to pay this out to me? Thanks for your time.
  5. TDIU and 70% PTSD granted

    Good morning, my docket number is 14-20 064 dated Sept. 19th 2016 This is basically what the BVA order reads. The appeal is dismissed for the issues of entitlement to an earlier effective date for the awards of service connected for PTSD and right lower extremity radiculopathy. An initial rating of 70% for psychiatric disorder, to include PTSD, is warranted, effective since January 26th, 1994; the appeal is granted to this extent. A rating in excess of 70% for psychiatric disorder, to include PTSD, is denied for all entire appeal period. A TDIU is warranted since March 18th, 1994, the appeal is granted to this extent. I have opened my original claim with the VA in 1983. My last job ended in 1994 and by 1996, I finally received Social Security. I finally received a TDIU in 2010 and effective date was 2008 through the BVA and have been collecting this to present date, but went back to claim to 1994 for TDIU and PTSD since this was the end of my last employment date. What is strange just this week, I received in the mail a letter from VA out of Janesville, WI. I never have received a letter out of WI, sine my regional state is Idaho It reads, "We have received your application for benefits. It is our sincere desire to decide your case promptly. However, as we have a great number of claims, action on yours may be delayed. We are now in the process of deciding whether additional evidence or information is needed." This letter just continues on about contact info and so on. What bothers me is the only case that I had open was this BVA appeal which just closed because the BVA decided the case. So confused as to why I received this weird VA letter. Did they just send it to me by mistake or are they up to something to hold up my award payment? I do not know if you can bring up my BVA decision because it is so recently decided. Hopefully you can. Thanks
  6. Goodmorning, Last month I received my decision from the BVA.They granted me TDIU and 70% PTSD back to 1994. My question is will they go back and pay on each separate decision or Does the TDIU decision override the 70% PTSD decision. I was granted TDIU permanent and total in 2010. I filed a claim shortly after that 2010 BVA decision to have them go back to 1994 and BVA just finally granted it. My second question is since they are going back to 1994 on a granted TDIU claim, will I be grandfathered in for future c and p exams. Also, does this decision assist with survivor benefits when I pass away?
  7. Thanks Berta for all your wisdom....very much appreciated. I am getting that IMO which includes the neurology exam and MRI. I will file a motion and send in the IMO evidence with that. I guess if they still deny me..I will go to the CAVC
  8. Berta, I understand how important now that IMO is going to be for my case. But if at this point I was denied by BVA and have this 120 days to appeal....I am now fighting tohave put back into remand staus I can further my evidence to support my claim. I just wonder if BVA can get away with denying my claim and going against thier own past remands orders. I need BVA to put this claim back in remand status to make them go back to the claim date(1994). If they will not grant me this remand back to RO...then I am screwed and all these years of keeping it at least in a status that favors my award to go back to 1994 was all in vain. I know I can still try and have CAVC help but just been fighting this for so long noe and feel that if I go that route..then it will be tied up even longer. Berta...can the BVA change their own wording in a remand decision or do they have to stick to the exact wording that they ordered in the very first remand? I feel if they do...then I have a chance to have them place this decision back into remand. I hope to submit this IMO but I only have till March 3rd to get my Request for Reconsideration out to BVA. BVA changed their own remand to make it easier for RO to deny me.(slipped in an ARNP to do the exam) so they could deny my claim. The ARNP did not even take any measurements for Range of motion. She did not even look at my medical history cause she put on the paperwork that i had "No previous surgeries, 3 months prior I had my prostate removed) This was a bogus followup exam....the RO did not like what the first Dr. stated on theC&P exam 3 months prior...so the RO had the ARNP followupwith C&P exam. She is known by many vets to be the RO's "ace in the hole"...know to write bogus statements to effect the outcome of the decision. If they would have just went with the Dr. from the first exam..I more and likely would have been rated at 40%. Her followup exam stated," I jumped up on a table and raised my legs to 90 degrees and bent forward to 45 degrees...blah....blah...blah. The BVA went with her statements. I NEVER EVEN GOT ON A TABLE AND AND RAISED MY LEGS NOR DID I DO ANY BENDING IN THAT C&P EXAM. I came into the exam and sat listing in a chair cause I was hurting so bad from my Prostate being removed I was still trying to recover from complications of my post surgery. I told her I could not get up on the table. She asked me a few questions from her desk while punching on her computer then came over and reemed down on my head. I told her that hurt and I said I am done. She was one of the most rudest, condescending examiners I ever met. I heard later that she was notorious in this area for a bogus C&P exam. The Vets should be able to have some one like this taken out of the C&P exam decisionmaking process. As long as the VARO gets favorable C&P exams for the Vet(that will help them recceive any award), they will always have someone like her on the payroll.
  9. I guess it all comes down to this......Does the Board of Veteran Appeals have the right to take a remand order from 1998 which states, " The veteran should be scheduled for a VA examinations be an othopedic surgeon and a neurologist for the purpose of determining the nature and the extant of the severity of his residuals of a fracture of the L2-L3." BVA continued to remand this issue back to RO all these years for that same reason as above. Then BVA changed their own "wording" of the remand order in 2004 to state, "The veteran should be scheduled for orthopedic and neurologic exams" I would say is going against all those remand orders they put in place. Can the BVA get away with changing the "wording" of their own remand orders or can I fight them by throwing out the Stegall v West ruling. I still have not been afforded what they requested. Though as I said below I am taking the advise of all of you saying to just get an IMO which I am doing now, but in 2010 BVA denied this claim. They did not follow their own remand orders. I have to appeal this so I do not lose my initial filing date back to 1994. I do believe they willl have to go back and pay on this when I get the IMO proof I need but I have to get BVA to remand it or look at the IMO(which I am not sure I can send this in along with my request for reconsideration). I have had success before by writing a request for reconsideration in the past by telling them they did not follow their own remand so I hope this would help. If not and they deny my request then at least I believe I get another 120 days to file the issue with CAVC. I want to get off this hampster wheel...and I found out by all your help to just get the IMO.....so hopefully I can keep this claim open. But does anyone know if the BVA has that right to do what they are doing??
  10. Berta, Since 1995 BVA has been remanding or vacating their decisions because they made a statement ordering RO in 1995," to allow me a neurologist and an orthopedic surgeon because in order to determine the nature and the severity of the residuals of a fracture of L2-L3." Well, as you can imagine...RO finally sent me to those Drs. in fall of 1998. Those buggers then denied me by stating I never went to the appts. BVA denied me as well. Then I had BVA vacate their denial because I proved I DID GO TO THE APPTS. Funny thing RO said I called in and cancelled the appts. That sunt of theirs cost me alot of time to have to request for a reconsideration done to BVA and get that decision vacated. You know how the game is played out...here it is 2011 and I am still in the same rut...having to keep this in remand status so I can go back to the first 1995 claim. They would have to pay an award back to 1994. My April 20, 1998 remand by the Board states, " To ensure that VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the Regional office for the following development: 1. The veteran should be scheduled for VA examinations by an othopedic surgeon and a neurologist for the purpose of determining the nature and extent of the severiity of his residuals of a fracture of the L2-L3. The examinations should include all indicated tests and studies, including range of motion testing reported in degrees of arc. To this date they have not given me that opportunity...still sending me to C&P exams with ARNP's(NO Dr. is signing off their results) also had a Dr. who is just an General Doctor.(NO SPECIALS OF ORTHOPEDICS OR NEUROLOGY) This not being done in the past always is sent back from BVA on remands. This last BVA decision in 2010 makes no reference to the exact wording of their own BVA remand decision from April 1998. This decision the Board states," A remand by the Board confers on the claimant, as a matter of law, the right to compliance with the remand orders. Stegall v West, Vet. App. 268, 271(1998). In this regard, the Board is satisfied as to compliance with the instructions from its September 2004 remand. The board finds that the RO has complied with the instructions by providing the Veteran an VA examination with substantially compiled 2004 remand instructions. They left out that I was afforded the Neurologist and orthopedic surgeon to do those exams. "Their 2004 Board remand states that I should be given orthopedic and neurologic exams" Board remanded it back but changed the wording just saying "exams" Isn't that going against their own April 1998 remand? If I am allowed those "exams" shouldn't they be still done by a Orthopedic Surgeon or neurologist? How can the Board base a decision on an ARNP's word. Or as well, a Dr. of General Medicine. This is what I am going to basically be stating in my request for reconsideration to the Board. I feel they should have to vacate their decision and allow me due process. They shoud have to allow me what they ordered as in the original remand in 1998. Do you believe this is a good argument? I am in the process of going to an IMO neurologist. I have my MRI scan next week and he is going to also give me an EMG? So can I send the results to the Board or will it make a difference at this point and time? You can read the BVA 2010 Decision on my content. I placed the decision earlier regarding another issue. Thanks
  11. BVA granted me a remand on an 1998 decision they made. In 2001, I had a BVA decision that vacated all prior decisions... 1999 and two 2001 Board decisions In 2004. BVA granted me another remand decision. All these remands and the vacate were due to RO neglecting to follow a 1998 Board decision to allow me a Neurologist and Orthopedic Surgeon. I was going over my 2004 Board decision and I noticed they became quite lax on their remand order now stating to "allow me neurological and orthopedic examinations" My 2010 Board decision now denies me the entitlement because they state they have all necessary exams to make their decision. The C&Ps were done by an ARNP again(2008) and not affording me a Neurologist and orthopedic surgeon to do the exams. Also in the 2010 Board decision..they bring up past C&P exams(again done by ARNP's) and use that as evidence. Isn't a vacated decision a disallowance all previous evidence?? I appreciate any info you can send me....Thanks
  12. I had an VA Rep at the office today tell me his "facts" about extra scheduler TDIU claims. Can anyone out there remark as to if these statements were correct??? 1. If you file for a TDIU claim based on extra scheduler..you must first be denied on the schedular rating decision from RO first. Then you have to appeal that decision to RO so they can look at it as an extra scheduler claim. That they do not send it the first time around to the Director of Comp and Pen. for a decision. 2. Once you file for an TDIU extra schedular claim all the Director of Comp will do once they receive it is give an opinion as to what they would give as a decision and then goes back to the RO and they make the final decision on if you get the extra scheduler TDIU. He says that even if you fit all the rules and laws based for the extra scheduler criteria that RO would just deny you anyway. Because they have the final say in the matter. 3. Also, he stated that the government is cracking down on all TDIU claims with PTSD being a service connection. Cause they are getting too many serviceman who are getting TDIU based on the PTSD. He states that once the serviceman gets the TDIU they drop all their counseling. I do not know where he is getting this stuff??? 4. He also states that TDIU can be denied by RO while your claims are in remand and the remand is to gather the C&Ps needed to make a decision. I filed in 1994 for "unemployability". RO never addressed the claim. My claims went to BVA in 2001. They found that RO never addressed the "Unemployability" claim in 1994 and remanded it back to RO as well as all other claims. The other claims were the issues that were to be used for my TDIU claim. The RO denied my TDIU while these other claims were still being worked on in 2004. How can they deny a TDIU claim(extra schedular) without affording me at least a C&P exam or sending me the proper paperwork to establish my claim properly. Note: remand on my other claims lasted till 2010 in which they were granted. I recently opened another claim for TDIU in 2010 5. Also Vet rep states he don't even think that TDIU was around that long ago. I just filed along with other claims in 1994, that I was unemployed and felt that my unemployability was due to my mental issues as well as my lumbar issues. Both were granted in 2010 as service connection disabilties. I had a letter from Voc. Rehab stating I am unemployable in 1995. Also have been on SSD since 1996 for service connected disabilities. I personally did not even know about TDIU in 1994..just more of a gripe on my initial claim form at the time complaining that my other issues were causing me to not be employable. 6. Vet Rep also states that while you have an open claim for TDIU they(RO) will not make a decision till all other open claims are finalized. I hope someone out there on this website can set the record straight..cause if this guy is telling the vets these "facts"....they deserve the right "facts"
  13. I am going to send evidence in to the VARO because I believe they made a mistake...from what I can tell on the effective date of paying out my award. I have an earlier initial effective date (evidence to support this)than they do. All I want to do is have my local VARO look into it and see if I was right and they have to pay me accordingly. I have about 4 more months to go before I run out of the 1 year law. Now I can only find a motion to reconsider that would go to BVA. But I believe that since the VARO is the one who granted me the claim and awarded me with that date that they should be the ones who should look into this. I have heard some say you might not want to waste your time with a request for reconsideration and get that NOD in now before the time line is up. But is there a form that you need to use if your sending it directly to your VARO. Also do I need to let them know that I am requesting this to be handled by the DRO? I read somewhere that if you do not make it clear then they will send it to the BVA for appeal??? I am confused and time is ticking...what should I do??? My real initial claim for Jan. 1994 and they paid my award for starting Nov 1994. I had opened a new claim(totally different from this claim) in Oct.19 1994 and they have got it mixed up with a wrong effective date. a Why can't they ever make it easy for us VETS..they always seem to make everything so messed up you either get so fed up and quit your seeking a claim or you have a stroke or heart attack from dealing with the frustration...I guess they are hoping either one will happen and your one less person to deal with..
  14. I am in the process of writing to BVA to have them reconsider their decision to deny my increase for L2-L3. I had a C&P dated March 9th,2008 I was supposed to be afforded an Orthopedist and a Neurologist (remand order that has been in affect since 1994 by BVA) Anywho...Dr. P was very thorough with the exam. Forward flexion= 10 degrees Extension =10 degrees RT and LT Flexation =7 degrees rotation RT and LT = 25 degrees Sitting/ lying straight leg raises= 50 degrees Now.... following this exam about two weeks later...I went in to have my prostate removed due to having cancer. About a month after going through the prostate surgery..I get a letter from RO wanting me to come in for an appointment. DID NOT STATE THAT IT WAS AN FOLLOWUP ON THE PREVIOUS C&P EXAM. The first exam was very extensive...so why??? I came in thinking it was for a c&p exam for PTSD which I also had filed for. When I got the the appointment I was informed they needed more evidence for my Lumbar claim...Huh? was suspicious right off the bat. My wife and I go into the appointment. The examiner is sitting across the room at their computer. Basically asked me a few questions regarding my back pain and lumbar issues. The examiner(ARNP) wanted me to get up on the table and I told them I could not. The examiner(ARNP) came over to where I was sitting and pushed down very firmly on my head and I reacted in pain. They tried to force my head down to a forward position. I told them that hurt and that I was finished with the exam and walked out. About a month later..I get an SOC stating that the later examiner stated Forward flexion= 40 degrees Extension= 20 degrees RT and LT Flexation= 20 degrees Rotation RT and LT= 20 degrees Leg raises=90 degrees The examiner(ARNP) stated I got up on the examiners table to do these 90 degree leg raises showing "No signs of pain." I never even got up on the table!!! The examiner(ARNP) only pushed down on my head!! That is it!!! I was still trying to recover from the surgery. Examiner never reviewed my medical file because they would have realized that I really could have NOT performed better than my previous C&P exam 3 months earlier. I found out through talking with other VETS that "this examiner" is used as a "Trump card" to setup vets to a lower rating. I heard that one Vet was going to start a class action lawsuit against this individual. I really don't know if thats possible. What really irks me is the fact that BVA decided my case using this examiners(ARNP) findings and diregarding the more thorough C&P eval with the Dr. from March 2008. I am writing BVA to have them reconsider, but I am asking all you knowledgable vets out there if this has happened to you and what you can do to fight against an examiner who is out and out lying through their teeth. I feel they cheated me out of a fair and just rating. Can I have this examiners finding thrown out of my case??? I have my wife who can cooberate I was never put through the exam as they state. I can prove that they DID NOT look at my medical history. I can send BVA records of my surgery just prior to this exam and why I couldn't have performed better than the first exam. What have you done in this case or what what you do in this case??? MAD AS HELL!!!
  15. Thanks Carlie and Berta, Then it is my understanding that the Radiculpathy of 10% that was granted by BVA should be awarded without delay from the RO. I found the fast letter and will submit it to the RO I understand the PTSD issue as a full grant from BVA could be held up for rating due to the remanded Pain/Mood disorder. The PTSD was granted from a 2009 C&P exam as well as the pain/mood disorder. RO stated the PTSD was unprovable to service connection. BVA of course say it as service connected. My understanding is that BVA remanded the pain/mood disorder back to RO because we filed a timely NOD regarding the 30% rating. Do you think that they will send me back again to a C&P exam to re-rate me for a percentage for both the Pain/mood disorder as well as PTSD? Yeah..the PTSD would be the primary. I was claiming for PTSD...have been treated at the VA for PTSD since early 2000...The C&P exam states PTSD...but RO gives me pain/mood disorder...go figure 30% I looked at the criteria and even with pain/mood disorder..it should have been rated higher. I opened up my TDIU claim just prior my claim going to BVA Sept.2010. I just filed a initial claim for Cervical injury and migraines secondary. I have been treated for migraines since 2001. Headaches are reported to have started in the service after auto accident. They never examined my neck in the service just my back. But as time went on as I got older...the headaches became worse and now my neck just stiff and sore all the time. They xrayed at the hospital and found old damage. I have advanced arthriits in my shoulders. This claim.. due to be newly filed will take some time before I ever get a decision. Just never thought they would tie up my TDIU claim. If I had known that I might have waited till they decided on my TDIU claim first. But maybe it will help in the long run. Good Afternoon