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  • 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.

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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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1994andcouting.....

Good Nexus Statement From Veterans Affairs Doctor?

Question

Hello Hadit Members, I have not been on here in a very long time. However, I do check in from time to time to read opinions on different subjects. I appreciate all the hard work that members do here.

Backstory:

Discharged in 1988 due to “other physical/mental conditions. Personality disorder”

In 2008 and after 14 years of battling for my disability for neck/back injuries and depression, I gave up after being denied. I didn’t appeal the BVA decision. I was really worn out.

I was diagnosed with PTSD due to MST (changed from depression) back in 2007. For some reason I didn’t pursue it. I told someone after it happened and she didn’t believe me so I held it in. Over the years I shared it with family/friends and they ‘got it’ they now understood why I am the way that I am.

I heard of a study that was being done by the VA and I was chosen to participate. When told I would be videotaped, I said no. I wasn’t ready. Every time I would start therapy/meds I would stop, I started again last September, it was going well until she kept wanting me to write about the incident. Yuck. I bailed. Praying that I will get the courage to start again sooner than later. I already feel the effects of leaving. However, I have been taking my meds daily and sticking to it for once. I have resigned from my job once already, just turned in another notice last week. They really like me and my work and are looking for something that isn’t client facing. My anxiety ruins my chances of ever dealing with people on a constant basis. I get angry and it’s just not good for the company.

Earlier this year, after my youngest turned 18, I decided to file my claim. While gathering evidence I ran across this a letter from my VA physician at the time. I was so worn out I didn’t even read it to be honest. It came after the fact, if memory serves me.

He mentioned the things that he was treating me for and the meds that I was taking. The only thing that he wrote was this one paragraph and it made me scream HALLELUJAH!!!

“Her DD214 documents “other physical/mental conditions-personality disorder”. In my opinion, it is likely that depression and fibromyalgia, with onset during time of military service, are causing ongoing physical and mental symptoms.”

Is this a good nexus statement? In my mind its yes yes yes, but I know that you all have more experience.

Your thoughts?

Edited by 1994andcouting.....

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Yes it is a start...please search for and read all the PTSD MST info here.

" In 2008 and after 14 years of battling for my disability for neck/back injuries and depression, I gave up after being denied. I didn’t appeal the BVA decision. I was really worn out."

Can you tell us the Docket number and Citation Number of that decision?

BVA decisions ( no names or anything) are public at the BVA web site.

"I was diagnosed with PTSD due to MST (changed from depression) back in 2007. "

As long as this was documented I am surprised the BVA denied.

When we read their decision we can help more. That date puts you under the older PTSD criteria, easier for many vets to fulfill,than the new 2010 criteria.

Did you claim and did they deny the fibro as well?

Many have walked away from their claims. I know how frustrating this all is.

The VA does not want us to fight back denials and they want us to be uninformed of all the regulations that can work for us as well as for them.

Do you have a copy of your VA medical records and also your SMRs?

The Personality Disorder is the same Bull Crap they have pulled on many vets.

I am glad you are willing to take them on again!

Thank you for your service.

Do you get SSDI or SSI and is it solely for the PTSD or for depression due to the MST?

Edited by Berta

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Berta, thank you for the speedy reply. I will try to answer as much as I can

Yes it is a start...please search for and read all the PTSD MST info here.

I have and it is very useful and part of the reason I decided to move forward.

" In 2008 and after 14 years of battling for my disability for neck/back injuries and depression, I gave up after being denied. I didn’t appeal the BVA decision. I was really worn out."

Can you tell us the Docket number and Citation Number of that decision?

BVA decisions ( no names or anything) are public at the BVA web site.

I will have to locate the numbers. Will post asap.

"I was diagnosed with PTSD due to MST (changed from depression) back in 2007. "

As long as this was documented I am surprised the BVA denied.

I don’t think this was changed until after the fact or possibly during the appeals process. I wasn’t pursuing the MST case then. I decided to wait.

When we read their decision we can help more. That date puts you under the older PTSD criteria, easier for many vets to fulfill,than the new 2010 criteria.

Did you claim and did they deny the fibro as well?

Yes they denied it even though they I believe that my VSO did in fact send this letter in to support it. HonestlyI don’t recall the details from that time as I was so upset about the outcome. I literally blocked it all out. So hurt.

Many have walked away from their claims. I know how frustrating this all is.

The VA does not want us to fight back denials and they want us to be uninformed of all the regulations that can work for us as well as for them.

Do you have a copy of your VA medical records and also your SMRs?

I have everything but the past year of records from the VA. I stopped going to the VA in 2009 after a Dr in pain management accused me of trying to get compensation for three car accidents (only one was my fault) that I had that year. He didn’t know I had been in the VA system since 1994 for the neck/back injuries.

The Personality Disorder is the same Bull Crap they have pulled on many vets.

I have heard that and its awful.

I am glad you are willing to take them on again!

Thank you for your service.

I am honored. In the past I was ashamed to even say that I was a vet because I felt like I failed since I got out early. Now looking back and admitting/accepting that this did happen to me i realize that I am still a Veteran, just an injured one.

Do you get SSDI or SSI and is it solely for the PTSD or for depression due to the MST?

I do not. Can I? I have not even checked into that.

Edited by 1994andcouting.....

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Sounds very favorable................

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Sounds very favorable................

Thanks Fat, its weird because I notice a LOT of movement on my claim since I uploaded that letter and letters from a relative very close to me and another from a State Official (non legislative but someone I met along the way).

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Update:

On Saturday 5/23 at 1630, the RO Women Veterans Coordinator called me to ask ONE question. She said that they have everything that they need but she wanted to see if I had that information in my file and if not if it was available so that she could retrieve it. I told her no that the chaplian in question fell asleep on me during our counseling so there are not any notes.. She is sending me to the rater and the rater will decided whether I need a C&P or not.

I told her that I am impressed to 1) get a call on a Saturday and 2) especially on a holiday weekend. She said that they work mandatory 10 hours on Saturday. So if anyone thinks that these claims are sitting idle, I can attest that mine isn't. I pray that it continues to move forward and I also pray that you all see similar action taken.

I will update as soon as I get more information.

Edited by 1994andcouting.....
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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

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      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:

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