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    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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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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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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usmc198121

Migraines In Connection To Ptsd (Va Claim)

Question

I am an OIF veteran that served from 2001-2005. I was recently diagnosed with PTSD and was awarded a rating through the VA. My first claim I did not claim many things because I was not very aware of the process or what was considered a "claimable issue". Over the years I have been getting migraines that get progressively worse and the doc that I see says that they believe it is directly related to the anxiety from my PTSD. I have been put on several medication and currently was provided blood pressure medication to ease my high heart rate and anxiety. The big question is how to I claim the migraines? Do I claim them "in connection with PTSD" or do I just claim it separate. I am just afraid I will get denied for them if I do not put in connection with PTSD because the migraines started after my second tour in Iraq and I got out about a month after that deployment. That being said there is no service records of my migraines. I appreciate any discussion this might generate.


Semper Fi

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I am an OIF veteran that served from 2001-2005. I was recently diagnosed with PTSD and was awarded a rating through the VA. My first claim I did not claim many things because I was not very aware of the process or what was considered a "claimable issue". Over the years I have been getting migraines that get progressively worse and the doc that I see says that they believe it is directly related to the anxiety from my PTSD. I have been put on several medication and currently was provided blood pressure medication to ease my high heart rate and anxiety. The big question is how to I claim the migraines? Do I claim them "in connection with PTSD" or do I just claim it separate. I am just afraid I will get denied for them if I do not put in connection with PTSD because the migraines started after my second tour in Iraq and I got out about a month after that deployment. That being said there is no service records of my migraines. I appreciate any discussion this might generate.

Semper Fi

Welcome,

Please post what was stated in your rating decision that granted your PTSD,

minus personal info such as name, address, claim #, etc..

Post the part that is titled Reasons and Bases.

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Below is what it stated:

1. Service connection for post traumatic stress disorder.


Service connection for post traumatic stress disorder has been established as directly related to


military service. Your lay testimony is adequate to establish occurrence of the claimed stressor


for post traumatic stress disorder, which is consistent with the places, types, and circumstances


of your Iraq, and Kuwait service.


We have assigned a 30 percent evaluation for your posttraumatic stress disorder based on:


• The examiner's assessment of your current mental functioning, which is partially reflected in


your Global Assessment of Function score found below.


• Difficulty in establishing and maintaining effective work and social relationships


• Occupational and social impairment with occasional decrease in work efficiency and


intermittent periods of inability to perform occupational tasks (although generally functioning


satisfactorily, with routine behavior, self-care, and conversation normal)


• Anxiety


• Chronic sleep impairment


Your Global Assessment of Function (GAF) score is 54. A range of 51-60 indicates moderate


symptoms; or any moderate difficulty in social, occupational, or school functioning.


The overall evidentiary record shows that the severity of your disability most closely


approximates the criteria for a 30 percent disability evaluation.


A higher evaluation of 50 percent is not warranted unless there is occupational and social


impairment with reduced reliability and productivity due to such symptoms as:


• Flattened affect; circumstantial, circumlocutory, or stereotyped speech;


• Panic attacks more than once a week;


• Difficulty in understanding complex commands;


• Impairment of short- and long-tem1 memory (e.g., retention of only highly learned material,


forgetting to complete tasks);


• Impaired judgment; impaired abstract thinking;


• Disturbances of motivation and mood;


• Difficulty in establishing and maintaining effective work and social relationships.

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Well - they sure did not mention headaches at all.

Here's a link to a DBQ for Headaches.

I'd get my medical provider to fill it out and submit it with the claim.

Sounds like you might be thinking about claiming a few more issues.

Do them all at once along with the medical evidence.

Muscle-skeletal - everything at the same time, study FDC's

(fully developed claims) this might help shorten your time and have things

go right from the get-go.

http://www.vba.va.gov/pubs/forms/VBA-21-0960C-8-ARE.pdf

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What is a DBQ? I have a ton of medical evidence from my VA Primary Care Provider. I thought the VA could see all that when I claim something?

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What is a DBQ? I have a ton of medical evidence from my VA Primary Care Provider. I thought the VA could see all that when I claim something?

http://benefits.va.gov/disabilityexams/

Also, as I posted I suggest studying the FDC process.

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  • Our picks

    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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