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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 ...
    Continue Reading
     
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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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PFDR

Riddle me a Psychiatrist...

Question

"What did the combat vet say to the Psychiatrist?"...

Answer - I don't know, I'm having a heck of a time finding one...

So here is my request for help from you all who live in Texas - Houston to be exact.

Can anyone recommend a Psychiatrist who has experience with Vets (combat vets a plus)?

I'm having a hard time picking up the phone to make an appt with a Psychiatrist who may not understand a Vet.

I know I can make an appt with a Psychiatrist at the VA but at this point I'd feel more comfortable not going that route if I can....

Thank you for reading my post and recommendations.

 

 

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Is this for a PTSD claim?

If so, you will need the PTSD diagnosis from a VA MH professional ( 2010 PTSD regulations).

If the 10% you have now is for SC PTSD and you want to claim a higher rating,and need an IMO maybe one of these doctors in your area could help:

https://psychiatrists.psychologytoday.com/rms/prof_results.php?city=Houston&state=TX&spec=19

I googled PTSD Psychiatrists Houston Tx and a whole bunch of MH professionals  popped up.

 

 

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Then there's this option.

You think you have a MH issue, based on your symptoms, right. Your symptoms are the only thing the VA considers you to be an expert on, evidence wise. You need to determine exactly what type of MH issue you have. Seeking non VA MH assistance can cost $100+ per hr. if your private Ins covers it, ok.

You could opt for a VA Group MH program, usually lead by a MH Social Worker.

VMC MH procedures may have changed somewhat since 2010, back then your PCP administered a PTSD Q & A Screening, about 10 - 15 questions regarding your symptoms. Depending on your Score, you were referred to the VMC MH Dept, where a MH Nurse did another Q & A Screening. After which, based on your score, you could choose to see a Psychiatrist for treatment or attend Group Therapy (about 12 Vets). I opted for the Group and did about 21/2 years of weekly sessions. Never saw a VA Psychiatrist, except for the PTSD C & P which was held about 3 mos after I filed the claim, the day after I was assigned to the PTSD Group.

You don't need an Actual Psychiatrist's DX of your MH condition to file the claim.

Start a MH FDC on your E-Ben Site to establish a file date for Retro.

Secure Msg Your VMC PCP on your MHV Site, Secure Msg link. Discuss your need for a MH Evaluation, you can even reference the severity of your Symptoms. This Secure Msg will become part of your VMC Clinician Notes, think "Paper Trail."

Semper Fi

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Thank you for the information @Berta & @Gastone

I'm just starting down this path and your insight into how to navigate this MH process is key.

 

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Keep in mind, always start an E-File Claim on your E-ben account to lock in your RETRO $$ Date, as soon as you think you might have a Direct or Secondary SC Comp issue, just don't hit the Submit Button yet.

You have 12 mos from the Date you start the E-Ben FDC, to actually submit the claim. That should be adequate time to get your Med Evidence organized and attached (Pdfs) to the claim. Procrastination is the downfall of many MH Vets, including yours truly. Don't let it burn you on the Retro.

Semper Fi

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This are the 2010 PTSD regs....believe me many commented on them,some of us from hadit, but they held to the new diagnosis criteria.

http://www.va.gov/ORPM/docs/20100713_AN32_StressorDeterminationsforPosttraumatic.pdf

These regs helped OEF vets but not other war vets,unless their DD 214s revealed PH, CAR, or CIB on their DD 214s and their stressors could be easily verified.

There has been much discussion here on the new 2010 criteria.

If you are claiming PTSD and are not an incountry OEF veteran, you surely will need to prove your stressor,if you don't have any of those awards on your DD 214.VA will probably try to verify the award  anyhow, even if you do have one of them.

If you feel your DD 214 does not reflect all of the awards or citations you may have received, you can apply for a DD 215 with a DD 149 form, available here under a search.

Just put 'Not applicable' to the 'Injustice" part and make copy, sign and mail it to where they direct you to on the back of the form.. and get a Proof of Mailing..

Do you have a copy of your SMRs and military personnel file?

 

 

 

Edited by Berta

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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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