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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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  • 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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KennyJ

Alj Hearing Decision---- Not Granted

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Well had ALJ hearing in September and was denied ..The judge wenty through records of the last 2 and half years and stated bits and pieces about records.. Most of this stuff she quoted was from 2004. Not from current medical records. I had depression hearing April 2005 by my VAMC and they said GAF was 55. I also have degenerative arthritis of knees, benign hypertension, Bi lateral ulnar nerve neuropathy, allergic rhitinis, anemia and sleep apnea. She the judge said that in her opinion with my age (43) and education(AAS degree) that I am (not)disabled. Whoa .... What next

Edited by KennyJ

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Guest jstacy

That is ODD for her to say that and deny you at the same time. You can appeal to the next level.

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Guest rickb54

KennyJ

You are going to need a lawyer from this point.....

SSD rules are: if you are 55 or under, have a HS education, and speak English You can do something even if its flipping burgers, or a war-mart welcomer......

These are the rules before they even consider if you are disabled or not.

What does the VA have you rated for % wise. Have your va doctors indicated if you can work or not, what about an independant opinion from another doctor did you have one?

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Sorry I meant The Judge said I was not Disabled... Little Ratttled I guess. Had lawyer at hearing and my lawyer made the Voc. Expert retract all the jobs presented b the hypothetical question by the Judge but this wasn't mentioned in the letter either. Well I had just had % C&P exams done by QTC in July and August and tried to get those copies but QTC has not forwarded them to the VARO yet. I guess now I can get them for the Appeals Council review. At my Depression in August the Doctor said my Gaf was even lower than the 55 assigned by the VAMC doctor in April 2006. Well to the next stage .. I am currently rated 20% by VAMC for degenerative arthritis of left knee.. I am awaiting decisions on claims for Right Knee Arthritis, arthritis of both ankles, bi- lateral ulnar nerve neuropathy and Chronic - Anxiety. Appeals for Higher % and EED and TDIU. The exams are back and waiting for the development team to send them to the rating board. My VSO feels very strongly that my chances are for strong for sucess with a couple of these issues. The problem is I don't want to slow down the rating process by requesting exam reports. I guess I let my Lawyer handle that.

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Rick is right you must have a doctor state you can not work. and ,or somekind of voc rehab saying you cant work I believe both are best. As far as age I dont know I am 33 and awarded first time. But I presented a very strong case to ssd. Also I have done a little reserch state by state who wins there claim the first time for ssd. I found out If you live on the west coast it is a little easier to be approved the first time. In california you have a 50/50 chance. But back east it rises to 70/30 and in some states it 80/20. It seems to me it is like the va ro. every one is differnt how they rate your claim.

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    • Yes 

      After a PTSD/Unspecific MDD Diagnose From the VA Dr's

      The gold standard for diagnosing PTSD is a structured clinical interview such as the Clinician-Administered PTSD Scale (CAPS-5). When necessary, the PCL-5 can be scored to provide a provisional PTSD DSM 5 diagnosis.

      Any clinical clinician such as MD ,Psychiatrist even a L.C.S.W. (Certified)can perform the Diagnostics Evaluation Employed by the the VA

      ...They just need to figure out your symptoms and put together a list of your symptom's that you possess or show from the evaluation...I am not 100% Sure just how they do this ?

      being I am not a Dr or clinical clinician 

      Once a Diagnoses of PTSD is given they try to set you up with a Therapist to help with your New dx And how to adjust or cope with the Anxiety and Depression the PTSD can cause.

        you learn the tools to cope with and depending how severe your symptoms are ? 

       They test /screen you with phychoeducational type therapy treatment usually at first.

       Warning  some of this therapy can be very rough on a Veteran  from holding on to guilt  from the trauma its self or you maybe in a  ''stuck point''from memories and guilt or from the stressor's or anything that reminds you of the trauma you endured.

      The therapy works  even if we think it don't,  I recommend Therapy for all PTSD Veterans  it could very well save your life once the correct therapy is in place and the Veteran makes all his Clinical Appointments.

      I still have Combat PTSD it probably will never be cured completely but we can learn the tools it takes to cope with this horrible diseases 

      even learning breathing techniques  Helps tremendously during a panic attact.

      I have guilt from the war in Vietnam  ( I ask my self what could I have done to make a better outcome/difference?..and also I am in what the therapist calls stuck points. working on that at present once a week for 90 minutes.  I am very fortunate to have the help the VA gives me and I am lucky I have not turned to alcohol or drugs to mask my problem.

      But I have put my family through a living hell with my angers of burst.and they all stood by me the whole time years and years of my family life was disrupted because of me and my children &spouse  never deserved it one bit.

      That's all I want to say about that.

      At least I am still around. and plan to be tell my old age dying day.
    • No timeframe gotta love that answer it’s even better when you ask 1800 people or call the board directly they’ll say you’ll know sooner then later. I had mine advanced and it was about 2 months later until I had the decision in my hand which seems forever but in the present system in 2016 lightning fast...
        • Thanks
    • I am serviced connected for ankylosing spondylitis back in 1985. I had a C&P exam on 7-7-19 since I am asking for an increase in my cervical, thoracic, and lumbosacral ratings. After speaking with the DAV to find out progress and info on my exam, the Rep. noted sort of what I expected. Radiculopathy was noted and ROM was 0-15 for cervical, and 0-25 for back. I am currently rated as Cervical 30%, Thoracic 10%, and Lumbosacral 40%. The main question that I have is relating to the thoracic 10% and lumbosacral 40%. I am confused on these two. Is Lumbosacral separate from the thoracic/others ? Since my back ROM is at 0-25, does this mean that my thoracic might increase from the 10% to a higher rating ? I am confused how they break down my ratings from cervical at 30%, Thoracic at 10%, and Lumbosacral at 40%. Also, with the radiculopathy, is this something that they will rate also ? I am currently at 90% total combined for all my disabilities. I hope this helps for someone to give me advice/answers.
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    • Thank you @GeekySquid for your reply. 

       

      I have redacted personal information for my documents listed below. 

      I look forward to your reply. 

      HEADACHE STR 2006 copy_Redacted.pdf

      HEADACHE-DBQ.pdf

      Pages from Original Denial-Grant Reasons_Redacted.pdf
    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 14 replies
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