Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    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.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • fundraising.jpegGive a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 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
  • Advertisemnt

  • 0
Sign in to follow this  
USMC123

C & P Notes Assitance

Question

I received the notes from my C & P exam. Need your thoughts on what you think I will receive. I often have trouble with my PTSD and would like to get it fixed. I don't need the money, I would rather prefer to just be back to normal. However what can they rate me at based on the exam?

1. Diagnostic Summary

---------------------Does the Veteran have a diagnosis of PTSD that conforms to DMS-5 criteria

based on today's evaluation?

[X] Yes [ ] No

ICD code: 309.81

2. Current Diagnoses

--------------------a. Mental Disorder Diagnosis #1: Posttraumatic Stress Disorder

ICD code: 309.81

b. Medical diagnoses relevant to the understanding or management of the

Mental Health Disorder (to include TBI): Please See Medical Records

3. Differentiation of symptoms

------------------------------a. Does the Veteran have more than one mental disorder diagnosed?

[ ] Yes [X] No

4. Occupational and social impairment

-------------------------------------a. Which of the following best summarizes the Veteran's level of

occupational

and social impairment with regards to all mental diagnoses? (Check only

one)

[X] Occupational and social impairment due to mild or transient symptoms

which decrease work efficiency and ability to perform occupational

tasks only during periods of significant stress, or; symptoms

controlled by medication

b. For the indicated level of occupational and social impairment, is it

possible to differentiate what portion of the occupational and social

impairment indicated above is caused by each mental disorder?

[ ] Yes [ ] No [X] No other mental disorder has been diagnosed

c. If a diagnosis of TBI exists, is it possible to differentiate what

portion

of the occupational and social impairment indicated above is caused by

the

TBI?

[ ] Yes [ ] No [X] No diagnosis of TBI

SECTION II:

-----------Clinical Findings:

------------------1. Evidence review

------------------In order to provide an accurate medical opinion, the Veteran's claims

folder

must be reviewed.

a. Medical record review:

-------------------------Was the Veteran's VA e-folder (VBMS or Virtual VA) reviewed?

[X] Yes [ ] No

Was the Veteran's VA claims file reviewed?

[X] Yes [ ] No

If yes, list any records that were reviewed but were not included in the

Veteran's VA claims file:

CPRS; CAPRI

If no, check all records reviewed:

[ ] Military service treatment records

[ ] Military service personnel records

[ ] Military enlistment examination

[ ] Military separation examination

[ ] Military post-deployment questionnaire

[ ] Department of Defense Form 214 Separation Documents

[ ] Veterans Health Administration medical records (VA treatment

records)

[ ] Civilian medical records

[ ] Interviews with collateral witnesses (family and others who have

known the Veteran before and after military service)

[ ] No records were reviewed

[ ] Other:

b. Was pertinent information from collateral sources reviewed?

[ ] Yes [X] No

2. History

----------a. Relevant Social/Marital/Family history (pre-military, military, and

post-military):

The Veteran is age 2*. He has been in a common-law marriage for 2.5-3

years. He has a daughter age 1.

The Veteran was raised by both parents. He has an older sister age 31

and a twin sister. He denied any childhood abuse. He described his

childhood as great.

b. Relevant Occupational and Educational history (pre-military, military,

and

post-military):

He graduated high school in 2004, and was a B-C student. He was on the

basketball team during his freshman and sophomore years. He denied any

disciplinary issues in school.

He joined the Marine Corps Reserves in 2005. From 2005 until 2008 he

worked at the *CA. He then worked for the * Arizona *Department for two months until he transitioned into active duty

status.

The Veteran was on active duty from 2008 until 2009. He then was in

the

reserves until 2011. His highest rank was E-4 and he worked in

artillery and rocket artillery. He denied any disciplinary issues in

the military. He received an Honorable discharge.

He has been employed since 201* at the * Department. He

investigates internal affairs. This is a fulltime job. He has never

been fired from a job.

c. Relevant Mental Health history, to include prescribed medications and

family mental health (pre-military, military, and post-military):

The Veteran denied any mental health treatment prior to or during the

military.

He has received mental health services at the El Paso VA over the past

year. His most recent appointment was in 09/13. He has never been

prescribed psychotropic medication.

He denied any psychiatric hospitalizations and he denied any suicide

attempts. He denied any family history of psychiatric treatment.

d. Relevant Legal and Behavioral history (pre-military, military, and

post-military):

The Veteran denied any arrests or other legal difficulties.

e. Relevant Substance abuse history (pre-military, military, and

post-military):

From 2009 until 2012 he drank excessively, which included binge

drinking on the weekends, and having five drinks a night during the

week. He significantly reduced his drinking on his own in 2012. He has

about five drinks a week or every other week.

f. Other, if any:

No response provided.

3. Stressors

------------a. Stressor #1: "It was March or April 2009 and we were on Delaram post

in

Afghanistan. We were eating and we heard a loud bang and then another

one. It was close to nighttime. A suicide bomber killed himself and

killed a Marine in doing so. We saw it after it happened. I was

terrified about dying there."

Does this stressor meet Criterion A (i.e., is it adequate to support

the diagnosis of PTSD)?

[X] Yes [ ] No

Is the stressor related to the Veteran's fear of hostile military

or

terrorist activity?

[X] Yes [ ] No

Is the stressor related to personal assault, e.g. military sexual

trauma?

[ ] Yes [X] No

b. Stressor #2: :" This was on Delaram post in May 2009 in Afghanistan.

There

was a warrant officer, a big stout guy. He was leaving to go home

soon.

He went out on

a convoy and got blown up by an IED that he was

disarming."

Does this stressor meet Criterion A (i.e., is it adequate to support

the diagnosis of PTSD)?

[X] Yes [ ] No

Is the stressor related to the Veteran's fear of hostile military

or

terrorist activity?

[X] Yes [ ] No

Is the stressor related to personal assault, e.g. military sexual

trauma?

[ ] Yes [X] No

c. Stressor #3: : "This was the first mortar attack. It was in February

or

March 2009 in Afghanistan. I had just finished my shift. I put on my

kevolar. Everybody started running. It was fear of the unknown. Anyone

could die at any time. "

Does this stressor meet Criterion A (i.e., is it adequate to support

the diagnosis of PTSD)?

[X] Yes [ ] No

Is the stressor related to the Veteran's fear of hostile military

or

terrorist activity?

[X] Yes [ ] No

Is the stressor related to personal assault, e.g. military sexual

trauma?

[ ] Yes [X] No

4. PTSD Diagnostic Criteria

---------------------------Please check criteria used for establishing the current PTSD diagnosis. Do

not mark symptoms below that are clearly not attributable to the criteria A

stressor/PTSD. Instead, overlapping symptoms clearly attributable to other

things should be noted under #6 - other symptoms. The diagnostic criteria

for PTSD, referred to as Criteria A-H, are from the Diagnostic and

Statistical Manual of Mental Disorders, 5th edition (DMS-5).

Criterion A: Exposure to actual or threatened a) death, b) serious

injury,

c) sexual violatrion, in one or more of the following ways:

[X] Directly experiencing the tramuatic event(s)

[X] Learning that the traumatic event(s) occurred to a close family

member or close friend; cases of actual or threatened death must

have been violent or accidental; or, experiencing repeated or

extreme exposure to aversive details of the traumatic events(s)

(e.g., first responders collecting human remains; police officers

repeatedly exposed to details of child abuse); this does not apply

to exposure through electronic media, television, movies, or

pictures, unless this exposure is work related.

Criterion B: Presence of (one or more) of the following intrusion

symptoms

associated with the traumatic event(s), beginning after the

traumatic event(s) occurred:

[X] Recurrent distressing dreams in which the content and/or affect of

the dream are related to the traumatic event(s).

[X] Intense or prolonged psychological distress at exposure to

internal

or external cues that symbolize or resemble an aspect of the

traumatic event(s).

Criterion C: Persistent avoidance of stimuli associated with the

traumatic

event(s), beginning after the traumatic events(s) occurred,

as evidenced by one or both of the following:

[X] Avoidance of or efforts to avoid distressing memories, thoughts,

or

feelings about or closely associated with the traumatic event(s).

[X] Avoidance of or efforts to avoid external reminders (people,

places, conversations, activities, objects, situations) that

arouse

distressing memories, thoughts, or feelings about or closely

associated with the traumatic event(s).

Criterion D: Negative alterations in cognitions and mood associated with

the traumatic event(s), beginning or worsening after the

traumatic event(s) occurred, as evidenced by two (or more)

of

the following:

[X] Persistent and exaggerated negative beliefs or expectations about

oneself, others, or the world (e.g., "I am bad,: "No one

can be

trusted,: "The world is completely dangerous,: "My whole

nervous

system is permanently ruined").

[X] Feelings of detachment or estrangement from others.

Criterion E: Marked alterations in arousal and reactivity associated with

the traumatic event(s), beginning or worsening after the

traumatic event(s) occurred, as evidenced by two (or more)

of

the following:

[X] Hypervigilance.

[X] Exaggerated startle response.

[X] Sleep disturbance (e.g., difficulty falling or staying asleep or

restless sleep).

Criterion F:

[X] Duration of the disturbance (Criteria B, C, D, and E) is more than

1 month.

Criterion G:

[X] The disturbance causes clinically significant distress or

impairment in social, occupational, or other important areas of

functioning.

Criterion H:

[X] The disturbance is not attributable to the physiological effects

of

a substance (e.g., medication, alcohol) or another medical

condition.

5. Symptoms

-----------For VA rating purposes, check all symptoms that apply to the Veterans

diagnoses:

[X] Depressed mood

[X] Anxiety

[X] Panic attacks that occur weekly or less often

[X] Chronic sleep impairment

6. Behavioral Observations

--------------------------MENTAL STATUS EXAM:

Grooming and Hygiene-[X ] Good, [ ] Fair, [ ] Poor, [ ] Other:

Eye Contact-[X ] Good, [ ] Fair, [ ] Poor, [ ] Other:

Orientation- Alert, Oriented to [X ] Person, [X ] Place, [X ] Date, [X ]

Situation.

Behavior- [X ] Attentive and cooperative, [ ] Guarded, [ ] Angry, []

Demanding

Speech- [X ] regular rate and rhythm [ ] Soft, [ ] Loud [ ] Hostile

Mood- [ ] anxious [X ] dysphoric [ ] agitated [ ] labile [ ] expansive [ ]

happy [ ] depressed [ ] fearful [ ] other

Affect- [X ] congruent and appropriate [ ] incongruent.

Thought process- [ X ] coherent, logical, goal oriented. [X ] Other:

Thought Content- [X ] denies suicidal ideation [X ] Denies hallucinations

Insight- [X ] Good, [ ] Fair, [ ] Poor, [ ] Impaired

Judgment-[X ] Good, [ ] Fair, [ ] Poor, [ ] Impaired

7. Other symptoms

-----------------Does the Veteran have any other symptoms attributable to PTSD (and other

mental disorders) that are not listed above?

[ ] Yes [X] No

8. Competency

-------------Is the Veteran capable of managing his or her financial affairs?

[X] Yes [ ] No

9. Remarks, if any

------------------PSYCHOLOGICAL TESTING:

MMPI-2 RESULTS:

L F K HS D HY PD MF PA PT SC MA SI

Raw Score: 6 24 8 26 40 32 26 26 14 33 46 22 47

K Corr. 4 3 8 8 2

T Score: 61 110 35 90 93 76 64 50 64 81 98 59 75

? Cannot Say (Raw): 0 F-K (Raw): 16

The Veteran produced an invalid MMPI-2 profile; therefore the testing

results cannot be interpreted.

NOTE: VA may request additional medical information, including additional

examinations if necessary to complete VA's review of the Veteran's

application.

****************************************************************************

Medical Opinion

Disability Benefits Questionnaire

Name of patient/Veteran:

Indicate method used to obtain medical information to complete this

document:

[ ] Review of available records (without in-person or video telehealth

examination) using the Acceptable Clinical Evidence (ACE) process

because

the existing medical evidence provided sufficient information on which

to

prepare the DBQ and such an examination will likely provide no

additional

relevant evidence.

[ ] Review of available records in conjunction with a telephone interview

with the Veteran (without in-person or telehealth examination) using the

ACE process because the existing medical evidence supplemented with a

telephone interview provided sufficient information on which to prepare

the DBQ and such an examination would likely provide no additional

relevant evidence.

[ ] Examination via approved video telehealth

[X] In-person examination

Evidence review

---------------a. Was the Veteran's VA claims file reviewed? Yes

If yes, list any records that were reviewed but were not included in the

Veteran's VA claims file:

CPRS; CAPRI

MEDICAL OPINION SUMMARY

-----------------------RESTATEMENT OF REQUESTED OPINION:

a. Opinion from general remarks: CLAIMS FILE BEING SENT FOR REVIEW BY THE

EXAMINER.

Contention: Veteran with service in Afghanistan 2008/2009 claiming numerous

issues of joint and muscle pain, respiratory issues, neurological, skin,

gastrointestinal, and mental issues. VA Treatment records provide

contintuity of treatment.

Opinion Requested:

Direct service connection

Are the Veteran's claimed conditions (See list) at least as likely as

not

(50 percent or greater probability) incurred in or caused by service in

Afghanistan or exposure to environmental hazards that occurred 2008/2009.

Rationale must be provided in the appropriate section below. Your review is

not limited to the evidence identified on this request form, or tabbed in

the claims folder. If an examination or additional testing is required,

obtain them prior to rendering your opinion.

b. Indicate type of exam for which opinion has been requested: DBQ Initial

PTSD

TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE

CONNECTION ]

a. The condition claimed was at least as likely as not (50% or greater

probability) incurred in or caused by the claimed in-service injury, event

or

illness.

c. Rationale: The Veteran's PTSD is at least as likely as not (50

percent or

greater probability) caused by military service. The Veteran had no history

of mental health treatment prior to the military. In addition, he did not

report any traumatic experiences prior to the military.

  • Like 1

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

  • 0

You should receive 10-30% for PTSD based on the following statement, "X] Occupational and social impairment due to mild or transient symptoms
which decrease work efficiency and ability to perform occupational
tasks only during periods of significant stress, or; symptoms
controlled by medication".
Good luck and keep us posted.

Share this post


Link to post
Share on other sites
  • 0

- Is there any update to your case? Did they grant 10-30%?

- Also, doesnt, "X] Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by medication," limit the rating to a flat 10%?

- To make thirty wouldn't it need to be, "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), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events)"?
 

Share this post


Link to post
Share on other sites
  • 0
  • 0

What do you think after comparing results of C & P to 38 CFR 4? I'd say your at the low end of the rating scale. Working full time with no apparent employment or personnel problems and good eye contact. Invalid MMP-1 profile, WTF is that?

Semper Fi

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By Dewayne2004
      Night stalkers Don't Quit 
      Filed PTSD claim back in Dec. 2019. Today logged in to my account on VA.Gov and found this Request 1 Optional - We’ve asked others to send this to us, but you may upload it if you have it. PTSD - obtain Investigative Reports.
      Should i be Concerned? I file a complete claim  with stressors  and a Award: Air Medal with v device for same time period of combat. 
    • By RF-4Cmike
      My appeal for PTSD was "Remanded".
    • By Johnny Adams
      Good Morning,
      I have a few questions about SMC.  I currently receive SMC S, for I have 70% PTSD and have 50% for Sleep Apnia, 40% for Fybromyalgia, 30% Migranes, 20% for Cervical Spine, and 10% for TBI and a host of about 9 other things all listed at the 10% Disability rating.  Would they just look at new A/A that I just submitted or would they pyramid me to the SMC t?  this is so confusing.  Thanks for any help.
    • By JaeT.21
      I have 4 C&P exams this Friday. All for increases. (Migraine, PTSD/depression/anxiety/chronic pain/agoraphobia, bilateral foot pain and knee pain increase [including VA issued knee brace and civilian issued AFO foot brace]).
      Should I have my wife ad adult kids who both witness and suffer from my mood swings, depression, anxiety and antisocial like living on a daily basis? They can also talk about my constant leg pain and migraines.
      I also want my supervisor to do one regarding my migraines that have me leaving work early, alot. But that is a touchy subject, because I don't want me asking him to affect my employment.  Also I hide a lot from them, to keep my job, like  just suffer with headaches and migraines at work. Or fake my way through the day, pretending to want to be around people. 
       
    • By asknod
      Fifty years in the making. Five filings since 1971. Welcome home, Bob.  A truly fitting Christmas present.
      Remember the magic words: " leave no one behind".
      https://asknod.org/2019/12/29/vba-portland-you-know-it-dont-come-easy/
  • Ads

  • 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
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines