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Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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By mb76
I am rated for tension headaches but accepted my low rating because I trusted the VA's decision at the time (ha!). Note that I am NOT rated for migraine headaches. How do I show that I meet the criteria for a higher rating if the higher ratings, to me, apply only to migraine headaches and not tension headaches? Maybe I am misunderstanding. Please help me understand.
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By JaeT.21
So I went in Friday. Saw two examiners. I didn't have time to submit my Statements in Support of Claims (PTSD & knees) my wife and adult children filled out but I had them read them while I was there. I just uploaded them on Monday.
The first wa a Nurse Practitioner.
She checked my feet and knees. Don't know if this was the smartest idea but I didn't wear my AFO or knee brace at first, because I wanted her to see how I walk, move unassisted. I put it on after her examination and showed her how I'm still not stable on that leg no matter which apparatus I'm using. I explained my quality of life at work sucked becaue there's only one elevator, which means I walk twice as far to use it. I work upstairs and have almost fallen several times. I also told her I was concerned because the last rater wrote I was doing good with my orthotic insoles, when I 100 percent told him that I can't use the Navy issued insoles for regular shoes. My feet rating was decreased because of that. So I made it clear verbally that I was not getting better. For the Migraines increase i showed her my migraine tracker chart and she barely looked at it. It shows that I missed over 100 hours of work last year due to migraines.
The second was the Psychiatrist
She didn't ask me much about anything my VA psychologist wrote in her nexus letter. She skimmed over my buddy statements. She asked me about 6 questions, pretty much (yes or no) when was my last fight about my job am i taking my medications have I been arrested about my work history about my sleep It lasted about 15 minutes. So who knows what is going to happen. All I know is I left there without any confidence that the evidence nor my exams helped.
We'll see.
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By JaeT.21
I have 4 C&P exams this Friday. All for increases. (Migraine, PTSD/depression/anxiety/chronic pain/agoraphobia, bilateral foot pain and knee pain increase [including VA issued knee brace and civilian issued AFO foot brace]).
Should I have my wife ad adult kids who both witness and suffer from my mood swings, depression, anxiety and antisocial like living on a daily basis? They can also talk about my constant leg pain and migraines.
I also want my supervisor to do one regarding my migraines that have me leaving work early, alot. But that is a touchy subject, because I don't want me asking him to affect my employment. Also I hide a lot from them, to keep my job, like just suffer with headaches and migraines at work. Or fake my way through the day, pretending to want to be around people.
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By Point_break
I'm trying to make it easy for my doctor to help me with my VA claim. I'm filling out my DBQ for Migraines and I'm stuck on Section V 5B. I don't understand the section. Any advice would be much appreciated. Thank you
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By Point_break
I'm trying to make it easy for my doctor to help me with my VA claim. I'm filling out my DBQ for Migraines and I'm stuck on Section V 5B. I don't understand the section. Any advice would be much appreciated. Thank you
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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- 13 replies
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Seekz, -
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
Joey Ross, -
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thrill101 5
Hello fellow Veterans, I am trying to figure out, if I can pursue a couple of service connection claims, that I was examined for during my C and P exam/ Persian Gulf exam. The first one is Esophageal Conditions: It states EROSIVE GASTRITIS OF THE GASTRIC CARDIA IS A SECONDARILY SERVICE CONNECTED CONDITION AS THE RESULT OF SERVICE CONNECTED HIATAL HERNIA. Do I file a claim for this diagnosis from my C and P exam/ Persian Gulf Exam? This was the diagnosis from the C and P examiner!
Second One is for MIGRAINES....The Opinion was MIGRAINE HEADACHES IS THE DIRECT RESULT OF GULF WAR MILITARY SERVICE....stated by the C and P examiner. Do I file a claim on this one as well?
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pwrslm
C&P exam's can note secondary conditions, by all rights, the RO should add them to the file or send you a letter notifying you that you should apply for the secondary condition. Either way, yes, y
thrill101
pwrslm (Chief), these diagnoses were when I was on active duty. There was notes from my Service Medical Records. It was lD'd before I was discharged. I was discharged from active duty "97. The C and P
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