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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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Buck52

PTSD Re-exam after two years of being 70%

Question

What is required or to submit to keep the 70% PTSD if and when I may get called into a PTSD Dairy C&P?  (note:) I am not asking for increase!

What evidence Do they want? progress notes off myhealthyvet? 

Treatment sessions for two years? 

Will they take older records that I submitted for the original claim?

I think they may want to see if my PTSD has got better?

I think its still the same although therapy sessions have been every week and bi weekly now after two  1/2 years.  ( in therapy constant) never missed an appointment.

The only thing I can say is that I can sleep a little better than I used to because the meds knock me out  & a C-PAP Machine DX by VA AFTER I WAS DX FOR PTSD.

  but I still have flash backs  N/M's 3 or more times a week. & feel jumpi all the time and non-sociable in a sociable setting..but the therapist don't put that in his notes.

I always mention all this to him at my sessions.

So what do they (Examiner) want to look at besides my treatment notes? Will examiner let me speak up during the exam? usually they just read off the computer and make a decision.

I need to make sure I have the therapy notes in my favor that my PTSD is about the same? correct.?  I been DX  70% PTSD & Service Connected for it about 30 months now.

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On 3/16/2018 at 7:56 AM, Hardway71 said:

@broncovet Great info posted here, and most appreciated!!  I was given a 30% SC rating for PTSD at my discharge from service in 2002... I was under rated. Took me until 2009 to get my gumption up, with the support of a group of great Vietnam Vets that I had met, to file a claim for increase. That was settled in 2012 when they granted 50% retro to July of 2009 and then 70% retro to September of 2009. That's where I'm currently still at, but I had a regular comp and pen exam for PTSD scheduled in June 2016 where they maintained my 70%.  The new kicker is that I got surprised with another comp and pen exam for PTSD that I just attended March 7th. I don't know why 2 exams so close together, and I'm sweating the outcome of this one right now. Doesn't seem right that the VA shoulcc be allowed to wreak so much havoc upon a vet's life with these ridiculous stressful exams when you're already just trying to keep your head above water. 

I trust no one.

Edited by kent101

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Just my 2 cents

I agree with everyone here as for as what has been said.

I just want to add  some times  WE veteran can get to paranoid about a C&P especially a PTSD C&P

and after the exam and you get your decision  it's better than what you were thinking...not all the time this happens but when we think the worst...the worst the worst it becomes but not every time  because sometimes were very surprised and a correct favorable decision was made.

The examiner might ask how are you today?  your response to that is very important....just say'' well I am here so it's not all that great of a day for me'' or something to this effect.

I would suggest to not dwell on the upcoming exam, and just be honest with all answers your asked, report your worst days and how this affects your family life, take your spouse with you and she can let the examiner know how the PTSD affects everyone in the family. (if not married  take your G/F or best friend someone that knows you very well.

 I told my PTSD Examiner ''I have put my family through hell and yet they stay with me as I looked at my spouse setting beside me  in the eyes as tears rolled out of my eyes,I also have put myself in therapy sessions and I am learning to cope with the high anxiety with the tools that are available to me and it's helping me but I know I have a long old road to travel.   

Never lie to this examiner  if you tell him/her anything make damn sure you can back it up   with medical documentation or documents as your evidence  just say  it's in the computer please see my notes.

After the exam is over stand up shake the examiner hand and thank him/her for her valuable time and allowing you to present your testimony and have a nice day ect,,ect,,,

Remember no matter what happens they can't eat you or play God   You in all reality should not be concerned with the monetary part  it's the getting better  learning to use the tools to cope better these are parts that are more important,,

Last but not least We always can Appeal the decision we get if we feel its wrong.-=.as most veterans should realize that at this point.

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The "eg" above, means "for example".  This is important.  It does not mean you have to have phlebitis or heart disease to qualify under "diseases subject to episodic improvement".  It means ANY disease subject to episodic improvement.  

Let me give another example:  Depression or PTSD.  You do not have to have symptoms 100 percent of the time to obtain benefits for depression or PTSD.  Its not required you wear a tshirt which states, "I have PTSD" leave me alone.  NO.  A Veteran, when he goes for a c and p exam, reports his WORST symptoms.  Its fine to feel great on Monday, Tuesday, and Thursday, but on Wednesday you get in a fight with your wife because you have a flashback and she tries to wake you.  PTSD is quite episodic.  It would be rare for a PTSD Vet to experience PTSD symptoms ALL of the time.  Gee, I bet the PTSD Vet feels fine when he has a good time at his daughters birthday party.  No symptoms of PTSD then, but no reduction, either.  

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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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