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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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missunderstood

How Do I File for P&T

Question

I just got approved for PTSD as schedular 100% and have had it at 70% since 2012. Since they have increased me to 100% for the PTSD dated back to 2014 when I filed for TDIU, it now shows that my service connected PTSD is effective from 2014 although I have been getting paid for it since 2007. I have not improved and only now have gotten the 100 % that I should have been at from the beginning.  They also have approved me for SMC S1 since 2014 as well. My question is. how do I apply for P&T? My PTSD is not going to get any better as it has been increased steadily over time from 30% to now 100%. Should I file an NOD or should I appeal? Not sure what route to go. Please advise. Thank you in advance.

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VA is very reluctant to Award MH Conditions as  T & P. Probably 99.9% of MH Private & VA Clinicians believe with a great deal of certainty, ALL MH conditions can improve with a combination of Therapy & RX's.

Age doesn't come into play with IU, but it does as far a Scheduling future Exams if over 55. You maintain your SC % past 60/65, T & P is pretty much a lock.

If your under 55, getting the T & P on appeal is uphill, file the NOD, you got the time.

You got the SMC S (1) because a sharp eyed Rater realized your PTSD was now considered as 100% from the IU Award and your non-IU considered SC's totaled 60% Combined, making you Scheduler Eligible for SMC S, no Dr's Housebound Application necessary.

Semper Fi

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Thanks for your response Gastone. My PTSD is actually rated at 100% alone. My other ratings are....well i will post it so i don't have to write it out. I see a lot of people on here that have gotten 100% P&T for mental health. I just hate that it progressively has gotten worse yet they wont make it P&T.

 

Disabilities %

Total Combined Disability

You have a 100% final degree of disability. This percentage determines the amount of benefit pay you will receive.

How is this calculated

Rated Disabilities

Disability Rating Decision Related To Effective Date
         
         
tinnitus 10% Service Connected   05/13/2007
         
migraines 0% Service Connected   05/13/2007
         
post traumatic stress disorder (previously rated as anxiety disorder with depressive features under DC 9400) 100% Service Connected

Personal Trauma PTSD

08/13/2014
         
Thoracic spondylosis with chronic strain 40% Service Connected   10/16/2009

right lower extremity radiculopathy 

10% Service Connected   08/13/2014

left lower extremity radiculopathy 

10% Service Connected   08/13/2014
chronic urinary tract infections 40% Service Connected   05/13/2007
irritable bowel syndrome, claimed as gastroenteritis 10% Service Connected   05/13/2007
     
Edited by missunderstood
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Oh I have been receiving SSDI solely based of my PTSD since 2008. I guess I just don't understand why I am not P&T by now.

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A very helpful post, more info always make things much clearer. 2014 Bump in your PTSD to 100% SC triggered the SMC S (1) automatically, didn't take a sharp eyed Rater.

You made a statement that had (Emotion & Feelings) in it, regarding your PTSD Rating 2012 70%, "should have been getting paid for it since 2007." Were there prior Denials that were Appealed. No matter what you think or feel about anything related to your Initial PTSD VA DX, you didn't officially have PTSD until the C & P Psychiatrist made his DX, in 2012.

What Medical Evidence is in your C-File that makes you believe you should be Rated as T & P for your PTSD? How about posting a redacted copy of your 2012 & 2014 PTSD DBQ's and their respective Award Letters. Did the Rater address the T & P issue at all? Did you NOD the 14 Award in 2015?

Any discussion in either 12 or 14 Award Letter, regarding Future Exam Scheduling? If your not 55+ or North of mid 60's getting a New Award, or T & P, your C-File will be Diary Dated for a Scheduled Re-exam in 3 to 5 yrs.

If I'm recalling this accurately, Per VA Reg, your 70% PTSD Rating gets locked in, no possible reduction after 10Yrs, that's 2022, right. Same goes for your other 2012 SCs.

Semper Fi

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You made a statement that had (Emotion & Feelings) in it, regarding your PTSD Rating 2012 70%, "should have been getting paid for it since 2007." Were there prior Denials that were Appealed. No matter what you think or feel about anything related to your Initial PTSD VA DX, you didn't officially have PTSD until the C & P Psychiatrist made his DX, in 2012.

To answer this No. I got out of the military already diagnosed with PTSD in 2007. The VA had me rated at 30% for PTSD at that time. I filed an appeal for the rating and was BVA approved and bumped to 70% in 2012 with retro back dated to I believe 2007 or 08. I never received the BBE due to wrong address so I missed the deadline to appeal that and was stuck with the 70%. I only filed for TDIU and NOD at the same time in 2014 which both were stated to be invalid recently (September 24 2016) so I had them reopen my claim about a month ago and that is when they have just now awarded the 100% with SMC and backdated it to the original TDIU claim I filed in 2014.

What Medical Evidence is in your C-File that makes you believe you should be Rated as T & P for your PTSD? How about posting a redacted copy of your 2012 & 2014 PTSD DBQ's and their respective Award Letters. Did the Rater address the T & P issue at all? Did you NOD the 14 Award in 2015?

I would if I could but I wont receive my c file for at least another year. I never even knew what those were until I joined this forum and only recently requested it. I plan on NOD the 2014 award when I get the award letter in the mail (any day now) only to request the P&T rating. I was hospitalized twice during the appeal process for suicide attempts and was told by the VA doctor on the ward that I should be at 100% (I know that means nothing unless she puts it in writing which i do not think she did). I think that the reason they did not award P&T is because they think that PTSD will get better. Mine has not and will not. I have progressively gotten worse as my ratings increases indicate. I am going to try and get a IMO that states that it is permanent.

Any discussion in either 12 or 14 Award Letter, regarding Future Exam Scheduling? If your not 55+ or North of mid 60's getting a New Award, or T & P, your C-File will be Diary Dated for a Scheduled Re-exam in 3 to 5 yrs.

Don't have it yet but I am pretty sure they have addressed it and state that they have scheduled a future exam.

If I'm recalling this accurately, Per VA Reg, your 70% PTSD Rating gets locked in, no possible reduction after 10Yrs, that's 2022, right. Same goes for your other 2012 SCs.

Well they have now changed my PTSD date since they awarded it at 100% to 2014 so I think that bumps that to at least 2024.

**I should also add that I have an appointment with Voc Rehab on the 7th of Nov.  Will a denial from them help with my P&T claim?

Edited by missunderstood

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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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