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    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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  • 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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Jimmer

Veterans "gaming" the system for PTSD claims?

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Hi Everyone, I wanted to share with you a article that I read on military.com in which a Bruce (whatever his last name is) testified to a group on how the veterans are "gaming" the system, and getting PTSD claims approved.  First of all, I would like to meet this guy face-to-face and tell him what an idiot he is. (I would like to do more, but restraint  would be necessary).  First of all a V.A. doctor has to determine that you have PTSD, not someone from the outside.  Does this clown think the V.A. doctors are willing to "look the other way" on claims?  Quite the opposite.  Then you have to have a "stressor", that ties the PTSD with an military event related to the PTSD.  It took me four years to get PTSD disability, and the V.A. went thru everything with a fine tooth comb.  Lucky, I c-file confirmed my "stressor", and I had been going to the V.A. mental health facilities, meeting with various doctors, sessions, etc.  I still see them three times a month, and take five different  medications.  This guy, Bruce, based his information on veterans talking to one other about applying, saying it was easy, blah, blah, blah.  I don't know of any vet that has received disability compensation for PTSD, that had an easy road, and I have talked to a lot of them.   It is comments like this, that really anger, me, and gives the false impression, that vets are just "scamming" the system, and a way to give fuel to cut disability benefits.   I would love to here you comments, especially those of you getting PTSD disability benefits.  I am sure you did not have any easy road, the V.A. makes sure of that!

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I have found these comments usually originate from a person who would not be able to complete the gauntlet the V.A. throws down for you before a decision is made.  Hearing them talk like that is a stressor in itself and I have handled it in the past that usually puts the subject to rest.

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On 5/29/2018 at 10:49 AM, 1cavarty69 said:

I have found these comments usually originate from a person who would not be able to complete the gauntlet the V.A. throws down for you before a decision is made.  Hearing them talk like that is a stressor in itself and I have handled it in the past that usually puts the subject to rest.

True. I've been seeing attacks on vets with PTSD coming from retired vets too.

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It was ten years before the VA declared me PTSD.  Previously they had called me hypochondriac, somatoform, psychotic, OCD, and borderline personality disorder.  Like the man said it is the VA that declares you PTSD and they make it tough. 

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You are not alone. I've been a few groups over the last 20+ years and it has been my experience that when folks go around the room talk about their experience by the time to get to me I really feel that I've got nothing compared to them I sit there horrified and ashamed of my trauma because everyone seems to have had it so much worse. This is not necessarily true but that is how you feel - you deserve the help that is available the Vet Center was a real God send for me. If you don't want to apply for compensation you don't have to but do get the help, I'm actually having a nice little life now with the help of therapy and family love something that I thought would never be possible.

 

Wouldn't that last statement get you a pretty low rating ? I feel the same way myself, tried groups while an in-patient alcohol rehab in the military 2X, tried a couple of of others too, won't do any more. Always gets to "my war was bigger than yours", and it probably was. I just know that God has blessed me and kept me on this earth for a reason, still not sure what that is though.

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Many of us with PTSD actually have physical brain damage trauma combined with mental trauma. I know I had a stroke in service from the bartonellosis/Malaria/and much more likely than not, Agent Orange. The physical damage from Agent Orange alone causes mental trauma, but those two permanently paired together can and does often kill you. Being manipulated and lied to by those that hide the evidence should be accountable because that broken heart and lies is what causes suicides. I survived this manipulation, but I am one of the fortunate ones.

The VA knows exactly what I am talking about, and I hope they hear me as they read this. I believed my records were lost because the Army said they were. I believe a lot of those in powerful positions that I know now never belonged in that position with that authority, and they need to be fired, and looking at my case over the last forty seven (47) years needs to cause a multitude of firings. Not just over my case, but thousands of others. 

Do not let them manipulate you, because the supervisors will do just that. I recommend attorneys over any VSO or Agent because they do not work for you. The fill out papers and make suggestions.  If anyone is gaming the system, look the VSOs and examiners directly in the eyes and you will see many liars, paid to deceive you! A disgusting practice and manipulation, and it’s sickening.

 

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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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