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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Berta

Vet Fights

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http://www.vawatchdog.org/08/nf08/nfFEB08/nf021408-1.htm

from Larry Scott- re his posts in October of last year on this new VA idea

"extraordinary awards,"...those are awards for disability compensation with an effective date retroactive eight or more years or that result in a lump-sum payment of $250,000 or more. That story here... http://www.vawatchdog.org/07/nf07/nfOCT07

Not only are lawyers from NOVA fighting this idea but veteran Steven STratford is too:

"Now, a veteran by the name of Steven G. Stratford is challenging this entire process while at the same time fighting for his disability compensation.

In May of 2007, Stratford was awarded compensation for PTSD related to service. Then, strangely, in October of 2007, after the VA implemented the C&P Service review policy, the decision was reversed and Stratford's claim was denied"

Stratford also has filed a Writ Extraordinare (Mandamus)

at the CAVC :

http://www.vawatchdog.org/08/nf08/nfFEB08/...ef%20_filed.pdf

Also a letter dated late 2007 from underSec Cooper stated to the veteran's Congressman that:

(In larry's words here)

"Cooper claimed that the C&P Service did not review Stratford's case. However, that is being questioned because the VA has not provided Stratford's files to his attorney.

Of note in the Cooper letter is the fact that C&P Service has reviewed 494 "extraordinary awards" cases and sent 91 back to the ROs, saying the award was wrong. That is nearly 20%. Quite a money savings...isn't it? Cooper letter is here..."

"Now, Stratford has filed a PETITION FOR EXTRAORDINARY"

full story and links at VA Watchdog-

men and women- this vet had just about enough when he got the denial of his claim-

he didnt get angry-he took action----

I fear that this new idea on Large lump sums retros is not legal at all for VA to pull and obviously they successfully re-did nearly 20% of these awards to see if they could again deny the veteran-AFTER the RO made the award.

A vet I helped got almost 200,000 in retro 2 years ago-

then we nodded the EED and he got quite a bit more-not that long ago-

oddly enough I guess since they made EED error he didnt fall into the "250,000" unless you add up his 2 awards.Or this happened before the VA came up with this new ridiculous extraordinary award MOS in 2007.

After fighting the VA for 12 years and finally succeeding in his claim-I think if they pulled this crap on this friend of mine- he would have ended up in a nut house-

and I would have ended up getting escorted out of his RO by a bunch of VA cops-the dopes for over a decade did not read his evidence and I remember when he became homeless due to this whole matter and ended up far away from his local shrink and all of his friends here.

Due to his SC disability it was very difficult for him to deal with his claim but I would not let him give up-

this situation is just awful and I believe that this vet will sure give them a run for their money-

HIS money.

Edited by Berta

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sorry all- posted in wrong place-will move it

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    • Yes 

      After a PTSD/Unspecific MDD Diagnose From the VA Dr's

      The gold standard for diagnosing PTSD is a structured clinical interview such as the Clinician-Administered PTSD Scale (CAPS-5). When necessary, the PCL-5 can be scored to provide a provisional PTSD DSM 5 diagnosis.

      Any clinical clinician such as MD ,Psychiatrist even a L.C.S.W. (Certified)can perform the Diagnostics Evaluation Employed by the the VA

      ...They just need to figure out your symptoms and put together a list of your symptom's that you possess or show from the evaluation...I am not 100% Sure just how they do this ?

      being I am not a Dr or clinical clinician 

      Once a Diagnoses of PTSD is given they try to set you up with a Therapist to help with your New dx And how to adjust or cope with the Anxiety and Depression the PTSD can cause.

        you learn the tools to cope with and depending how severe your symptoms are ? 

       They test /screen you with phychoeducational type therapy treatment usually at first.

       Warning  some of this therapy can be very rough on a Veteran  from holding on to guilt  from the trauma its self or you maybe in a  ''stuck point''from memories and guilt or from the stressor's or anything that reminds you of the trauma you endured.

      The therapy works  even if we think it don't,  I recommend Therapy for all PTSD Veterans  it could very well save your life once the correct therapy is in place and the Veteran makes all his Clinical Appointments.

      I still have Combat PTSD it probably will never be cured completely but we can learn the tools it takes to cope with this horrible diseases 

      even learning breathing techniques  Helps tremendously during a panic attact.

      I have guilt from the war in Vietnam  ( I ask my self what could I have done to make a better outcome/difference?..and also I am in what the therapist calls stuck points. working on that at present once a week for 90 minutes.  I am very fortunate to have the help the VA gives me and I am lucky I have not turned to alcohol or drugs to mask my problem.

      But I have put my family through a living hell with my angers of burst.and they all stood by me the whole time years and years of my family life was disrupted because of me and my children &spouse  never deserved it one bit.

      That's all I want to say about that.

      At least I am still around. and plan to be tell my old age dying day.
    • No timeframe gotta love that answer it’s even better when you ask 1800 people or call the board directly they’ll say you’ll know sooner then later. I had mine advanced and it was about 2 months later until I had the decision in my hand which seems forever but in the present system in 2016 lightning fast...
        • Thanks
    • I am serviced connected for ankylosing spondylitis back in 1985. I had a C&P exam on 7-7-19 since I am asking for an increase in my cervical, thoracic, and lumbosacral ratings. After speaking with the DAV to find out progress and info on my exam, the Rep. noted sort of what I expected. Radiculopathy was noted and ROM was 0-15 for cervical, and 0-25 for back. I am currently rated as Cervical 30%, Thoracic 10%, and Lumbosacral 40%. The main question that I have is relating to the thoracic 10% and lumbosacral 40%. I am confused on these two. Is Lumbosacral separate from the thoracic/others ? Since my back ROM is at 0-25, does this mean that my thoracic might increase from the 10% to a higher rating ? I am confused how they break down my ratings from cervical at 30%, Thoracic at 10%, and Lumbosacral at 40%. Also, with the radiculopathy, is this something that they will rate also ? I am currently at 90% total combined for all my disabilities. I hope this helps for someone to give me advice/answers.
      • 4 replies
    • Thank you @GeekySquid for your reply. 

       

      I have redacted personal information for my documents listed below. 

      I look forward to your reply. 

      HEADACHE STR 2006 copy_Redacted.pdf

      HEADACHE-DBQ.pdf

      Pages from Original Denial-Grant Reasons_Redacted.pdf
    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 14 replies
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