marinejay Posted January 10, 2014 Share Posted January 10, 2014 (edited) I finally got my service connected for my depression after 8 years of fighting. At first the V.A had denied me on some B.S on Nov 26, 2013 when I received the rating decision. On Nov 27, I took a half day off and went to the VA to put in a Notice of Disagreement (NOD). My Comp and Pen (C&P) examiner said my depression was the cause of my service connected injuries. The VA then had another Physc review my file, (mind you, no in person exam done) and based on what was in my file, she said my depression was not related to my service connected injuries. Based on the second write-up my depression was denied. So when I got that decision I was pissed as hell and went and put in an NOD the next day. I knew I had a good chance to win based on what the C&P examiner said and also what my DOC said. If I had went to the Board of Veterans Appeals (BVA), I would have gotten approved or it would have been remanded back to regional office to be re-rated correctly. That process would have taken me 6-8yrs, but i was not worried b/c I was fighting the VA for the last 12 yrs. When I received my decision, I thought I had gotten reduced or denied, but when I opened the envelope, I saw i had gotten approved for my depression. The review officer gave me the benefit of a doubt in the vets favor (which should've ben done in the 1st place) and I got approved for depression @50% which brings my total compensation to 80% from 60%. I literally started from the bottom when I got out the military in 2002. I started at 30%, then 40%, then 50%, then 60% and now I'm at 80%. On Jan 14, I have another Comp and Pen exam to determine If i get service connected for E.D (erectile dysfunction). It's been along time coming (13yrs to be exact) and I had to fight the VA tooth and nail to get compensated for my injuries. Most important, I want to thank everyone on this board for the advice and just being part of the group. Being on this board helped alot. This fight has given me a new perspective on how to deal with the VA. For me to get rightly compensated, I was denied and average of 2-3x counting appeals before I was compensated. My point is, when it comes to the VA, the likely hood of you getting compensated the 1st time are 0 - 15%, expect to fight and be denied, it will take persistence and just read the decesion letters, and with the knowledge gained from that, use it as part of you arsenal to attact again. I guess that's called Guerilla warfare. With the VA, it's not about winning the battle, it's about winning the war. The only difference is, you will loose many battles but could still win the war, you will just have to commit for years before you come out victorious. A good example is Vietnam. Again thank you everyone and sorry for the long ranting.. Edited January 10, 2014 by marinejay Link to comment Share on other sites More sharing options...
Sfcwalk Posted January 10, 2014 Share Posted January 10, 2014 Congratulations!!! Thank you for your service! You earned it! Link to comment Share on other sites More sharing options...
Berta Posted January 10, 2014 Share Posted January 10, 2014 This is Wonderful news Marinejay and you have made some very important statements here . “it's not about winning the battle, it about winning the war. “ YES! “This fight has given me a new perspective on how to deal with the VA.” Yes to that too......Many of us here have gained a lot of valuable knowledge when playing the VA War of the Words! And you are correct here: “If I had went to the Board of Veterans Appeals (BVA), I would have gotten approved or it would have been remanded back to regional office to be re-rated correctly.” taking years for that.... That is why many of us fight so hard to get a RO award, and not a BVA award .But after my many battles with the VA ,I have come to realize that ,often , if one expects a RO to do the right thing , certainly in my case ,that has been a time consuming and futile illusion, and often BVA is the sole VA entity who will actually read all of our evidence. I am Very happy for you... Are you still employed and if not ,did they consider you for TDIU? Link to comment Share on other sites More sharing options...
Notorious Kelly Posted January 10, 2014 Share Posted January 10, 2014 Sorry for the BS you've had to endure, Jay. Good on you for not giving up but winning your fight. Congratulations! Link to comment Share on other sites More sharing options...
Loose Cannon Posted January 10, 2014 Share Posted January 10, 2014 Congratulations...Well done! Inspiration to all that persistence can pay off. Best of luck going forward! LC Link to comment Share on other sites More sharing options...
Navy04 Posted January 10, 2014 Share Posted January 10, 2014 Great news bud I know how you feel the VA low balled my PTSD last year to 30% because the Navy Medically retired me in Feb 13 due to Crohn's. The VA figured since I was being retired with pension and benefits, why not just low ball my PTSD. I spent 3 months in Mental Hospital in New Orleans, and multiple DRs diagnosed me, and I spent 5 years in OIF/OEF, WTH. I have an FDC in now, and I hope that they don't low ball me again. My VA Doc asked me the other day, "Why is your PTSD rated so low" again what the Heck. Their own employees are questioning them. Sorry I rambled, again great news and God Bless. Link to comment Share on other sites More sharing options...
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