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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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Jaydog

finally some movement on my appeal .

Question

So, to kinda recap what has been going on and you can read if you would like from my previous posts....... I have been waiting on an appeal from 08/24/2014. I originally got denied on my claim for MST. I immediately filed a NOD and supplied other evidence that I previously did not have and asked for a 2nd look. I selected a review and filed out a Waiver of Regional office consideration. Nothing has happened to the claim since the original denial i received. I opted in to the RAMP program in March and for about 4 months I heard nothing. Just the other day I got a Call from VES for another C & P exam.....For PTSD Related to MST..... I have an appointment on 6 Sept. 2018. Needless to say I'm a little apprehensive and frightened about this.... Last time did not go so well obviously. I thought the original had some positive things in it, but also some Negative things said in it and some of the notes the examiner took were wrong and need to be corrected..... I really hope this time is more favorable to me..... I really want to prepare like its a test, but really there is no way to do that.... I was hoping that they could have used the evidence I provided to offer an opinion. I am sure I feel Like everyone of you out there having to go through this again and and relive this experience over again.... Last time the denial took a pretty big toll on me and stared having health problems from the stress and the shame and being looked at that I'm lying.....We will see how it goes, but i am in an extreme amount of fear because of this..... I hope the results will be more in my favor this time, but we will see and I will keep everyone posted

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Well, I just completed my C&P exam through VES For PTSD related to MST and I'm a little off today since then. I will say this exam was more in-depth then the last one I had in June of 2015. The last examiner I had in 2015 was a female and most of the questions she asked were ones that tried to catch me in a lie. She was very judgmental towards me and rigid with her questioning.....This time was way different. I met with a Dr. through VES. My first impression was that this was a very nice environment and not like the official offices that you usually see at the VA. those offices make me feel more nervous and more official and intimidating. The moment I got there I met the Examiner. We went inside his room where he does the exams. He first asked basic questions about my history starting from when I was a child. How many siblings and are my parents still together and whether there was abuse or drug or alcohol use or sexual abuse. I understand he is trying to get a history of before during and after. I know most of this stuff has been talked about before and its in my medical records and can easily get it there. I felt it was pretty easy to talk with him because he asked questions about what the wanted to know. Completely different from the last one. So we talked about the before history and there was nothing exciting about that. We got to my time in the service. First was when I went in. I went in right after high school, so I was 18. He asked how was your experience at first and I told him it was fine that my experience at first was great and i did well and excelled at all tasks asked of me and always went above and beyond and I have awards and medals to back it up. That was for the first year I was in. Next he asked what happened after that. I asked "do I have to go through this again because its in my notes" Needless to say I told him what needed to complete that portion of the exam. reluctantly of course. He stuck to the DBQ questions and also helped me work my time line with me. Which was helpful in a way. I was trying not to volunteer information and only answer the question he asked. I did catch myself going on tangents, but I caught myself and shut up. Less is more I would think. Then the next Phase was the after I got out and he asked what was the hardest period for me after I got out and I told him from 2000-2008 where I had multiple run ins with the law and domestic problem multiple suicide attempts and going through and reliving these times in my life I have realized that I changed jobs a lot because I could not handle my emotions and my depression was to much to live with, but I never told anyone what really happened because i was ashamed and embarrassed about what happened . I did not realize what the real problem was at that time. I would never tell the DR whats really wrong with me because I swore this would go with me to the grave and it almost did. He asked how I am doing now and I told him i have issues to this day with anger and frustration with daily life. Granted it is better than it was before, but struggle at-least 3 times a week when its severe. I just wanted to write a little about my experience a little and maybe it might help someone else down the road with similar situations. I don't know how it will turn out.... I always feel that I did not do enough to explain my symptoms to the examiner and everything will go bad... The negative talk in my mind won't stop, so I figured I would write about it here. I am sure I am having the same feelings as a lot of people that have had an exam about this stuff.... I just hope they believe me and understand I have been suffering in silence for over 20 years without telling a soul and struggling daily. I honestly don't care about the monetary aspect of my claim. Its more about the acknowledgement that this did happen to me and I do suffer from it daily from it and I am not making it up....Thank you for your time. I will keep everyone posted.

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I know a lot about wanting to be believed.  I was discharged with a medical condition not considered a medical condition at the convenience of the government.  I worked long and hard to get it accepted that I had medical problems that lead to my discharge.  These medical issues still cast a pall over my life.  They have even diagnosed me with PTSD due to my injuries.  I am 100% now due to my injuries.  

Though you may not be concerned about the monetary part of your claim take the disability.  You earned it by your service and the mark it left on your life.

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    • 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
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

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