Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Comp & Pen Exam For Increase/ui

Rate this question

WHOLESALE

Asked by WHOLESALE,

 Share

Question

WHOLESALE Community Regular

WHOLESALE

Posted
Posted

Hi, i'm new here and was wondering if anyone had any suggestions for my upcoming appointment. I am service connected 50% for mood disorder NOS. I filed for increase last November and have my exam later this month.

Over the past year I have lost my job, granted SSDI, and have had persistent depression, anxiety, insomnia, mania, and fatigue. All this is in my notes over the past year. I lost my job last year after I had a manic episode and cussed out a customer. This is also in my medical notes. My Psych stated I was in a manic episode which led to my termination. Soon after my termination I applied for SSDI and was awarded in November 08. SSDI is for the same condition, mood disorder NOS.

I also have a record in my Voc Rehab to discontinue due to ongoing depression and anxiety.

I haven't been able to work or do Voc Rehab since May 2008.

With what I just presented do you think I have a chance at getting UI? My DAV rep told me I definetely should get an increase to 70% and then I would probably have to apply for UI. Does this sound right?

Thanks,

Jay

Link to comment
Share on other sites
  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

12 answers to this question

Recommended Posts

  • HadIt.com Elder
Philip Rogers Grand Master

Philip Rogers

Posted
  • HadIt.com Elder
Posted

Yes, that is okay to do it that way, although the VA may want to get them directly from the doctor, as they don't "trust" us.

pr

I usually get my records myself, review, make a copy, and then turn them in with all the important things highlighted. Is that ok to do it that way?

Jay

Link to comment
Share on other sites
  • HadIt.com Elder
Josephine Grand Master

Josephine

Posted
  • HadIt.com Elder
Posted

My important " Buddy Letter" was left out of my file for my first C&P.

Just by luck I took a date stamped copy with me.

The good Doc ask why it wasn't in there.

I sure had no ideal of how it got left out or why?

Josephine

Link to comment
Share on other sites
WHOLESALE Community Regular

WHOLESALE

Posted
  • Author
Posted

Do the examiners review the medical notes before the exam or after? Is there a protocol for this or is it up to the examiners discretion?

Jay

My important " Buddy Letter" was left out of my file for my first C&P.

Just by luck I took a date stamped copy with me.

The good Doc ask why it wasn't in there.

I sure had no ideal of how it got left out or why?

Josephine

Link to comment
Share on other sites
  • HadIt.com Elder
Philip Rogers Grand Master

Philip Rogers

Posted
  • HadIt.com Elder
Posted

The examiners are supposed to review the c-file, before the exam. Whether they do it or not is another matter. If the file is small they probably will, however, if the file is extensive, probably not. They will however state in their report that they did.

pr

Do the examiners review the medical notes before the exam or after? Is there a protocol for this or is it up to the examiners discretion?

Jay

Link to comment
Share on other sites
WHOLESALE Community Regular

WHOLESALE

Posted
  • Author
Posted

i have my TDUI packet all ready to go and labeled. I will turn it in a day before my exam. I don't want the VA to delay my exam because of me turning in new evidence. They may feel the examiner needs time to review it and then postpone my exam. I've waited too long and it would kill me to have a delay.

But I do have it all ready and it looks like a college term paper. I even have it in a clear plastic folder so the papers don't get misplaced. Cover sheet too with evidence numbered.

jay

The examiners are supposed to review the c-file, before the exam. Whether they do it or not is another matter. If the file is small they probably will, however, if the file is extensive, probably not. They will however state in their report that they did.

pr

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • First Post
      Lebro
      Lebro earned a badge
      First Post
    • Week One Done
      stuart55
      stuart55 earned a badge
      Week One Done
    • One Month Later
      stuart55
      stuart55 earned a badge
      One Month Later
    • Conversation Starter
      Lebro
      Lebro earned a badge
      Conversation Starter
    • First Post
      Sparklinger
      Sparklinger earned a badge
      First Post

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept