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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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jdelta

C&P this weekend, nervous and don't know what to expect

Question

Like the title says, i go to have an exam for fibro, gerd, and eczyma. Now the last one is a toss up, and the gerd maybe too i don't know. A doctor outside the VA diagnosed me with fibro a few years back. He was an idiot though so i don't know if it was documented(probably, but i also have 30 percent for p.s.t.d. so i'm probably being paranoid). Then again this doctor told me it was my weight blah blah blah. I told him multiple times that a few years prior i was going to the gym alot and the pain has become worse as i age amking it harder to be as active. I try to eat good(chicken and rice, oatmeal) most of the times but we are human. So back to the exam, i have only had one for the p.t.s.d. I was in Iraq day one of the war(March 2003). I was around burn pits and was exposed to the aftermaths of exploded tanks and buildings(hell some we even enter to make sure nobody was hiding or any wmd. I'm registered for the burn pits. I just don't know what to expect, will it be questions, will it be a physical? It's an outside contractor, so i'm hoping less va bias. I'm also too the point of drowning in debt. It's trigger my p.t.s.d. to the point my wife can't even sleep due to my nightmares and waking up with night terrors. I have become much angrier and lashing out. Not physically though, but i don't know what state i'll be in if i get another denial(btw with what i mentioned, i have a bva for freaking tinnitus even though i have stated where i have been. I was also a cavalry scout in the army so i was trained for combat. I have lay statements from a battle buddy, mom, wife, ex and a friend. I just need to know what to expect or what else i need to do to have a shot at an approval? I'm also filed for apnea, va diagnosed me and i have a cpap. Never had a chance to have any of this documented in service due to being told to man up. 

Edited by jdelta

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jdelta Ok brother, you have a lot of catching up to do, but we can get you there. You are going to have exams to see how bad your symptoms are that were claimed, so you need to understand what those symptoms are and how they grade them out to the various levels of compensation. Look up each one here https://militarydisabilitymadeeasy.com/search.php  Then you have to look up what the dbq's are that the examiner will be evaluating you on, so look each one up here    https://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp  Answer the questions truthfully and honestly, no exageration, but answer them like what happens on your WORSE day, not necessarily today. For example, talk about your really bad day with GERD; how you throw up in your mouth and can't get that terrible taste out of your mouth; or you can't lie down for 3 hours after you eat. Your WORSE days; your not lying, but your telling them how bad it is. I would also suggest that you make it clear how much this pending C&P has stressed you out and how nervus you are. If it is a long time since your last C&P for PTSD, if the examiner puts that kind of info in your exam notes, it may trigger another exam for re-eval to your benefit.Go over some of your answers you are going to respond to based on the dbq's; practice with your wife; she can be a great help. You can take her with you and ask if she can attend the exams with you; they don't have to let her, but if you say that it will really help because you are stressed (PTSD) and get distracted and she can help you re-focus.  As you probably know, this isn't going to be a short trip, but a journey down VA highway. Gonna be a long ride, but you can do this. If you aren't successful on the first claim(s), you can always appeal. And we are here to help you. You may have other things that are wrong that you may be compensated for but that is for another day. Let us know of your progress.

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jdelta

Just go to the exam and be positive and be nice

Just answer the examiner questions the best you can, those examiner have all your medical records to read and they are suppose to read them before the exam ,your just there to answer any questions he may ask...so just let your medical records speak for you private and VA records , if they are favorable  then you should get a rating .

Remember to bring to the examiner attention if he/she don't ADDRESS SOMETHING THAT YOU THINK IS RELEVANT TO YOUR CLAIM.

SO its best to take the medical records to prove your point as your evidence , because some times the VA don't send them all our records.  you will have them.

Note* You may want to make sure this examiner is qualified  to do this type of exam?...so you know his/ her credentials (just in case the exam goes south)

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1 hour ago, Buck52 said:

jdelta

Just go to the exam and be positive and be nice

Just answer the examiner questions the best you can, those examiner have all your medical records to read and they are suppose to read them before the exam ,your just there to answer any questions he may ask...so just let your medical records speak for you private and VA records , if they are favorable  then you should get a rating .

Remember to bring to the examiner attention if he/she don't ADDRESS SOMETHING THAT YOU THINK IS RELEVANT TO YOUR CLAIM.

SO its best to take the medical records to prove your point as your evidence , because some times the VA don't send them all our records.  you will have them.

Note* You may want to make sure this examiner is qualified  to do this type of exam?...so you know his/ her credentials (just in case the exam goes south)

They say she specifically is trained for Iraq c&p's. As for medical record, long story but i don't have them on me personally and don't think i would get them in time. 

 

5 hours ago, GBArmy said:

jdelta Ok brother, you have a lot of catching up to do, but we can get you there. You are going to have exams to see how bad your symptoms are that were claimed, so you need to understand what those symptoms are and how they grade them out to the various levels of compensation. Look up each one here https://militarydisabilitymadeeasy.com/search.php  Then you have to look up what the dbq's are that the examiner will be evaluating you on, so look each one up here    https://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp  Answer the questions truthfully and honestly, no exageration, but answer them like what happens on your WORSE day, not necessarily today. For example, talk about your really bad day with GERD; how you throw up in your mouth and can't get that terrible taste out of your mouth; or you can't lie down for 3 hours after you eat. Your WORSE days; your not lying, but your telling them how bad it is. I would also suggest that you make it clear how much this pending C&P has stressed you out and how nervus you are. If it is a long time since your last C&P for PTSD, if the examiner puts that kind of info in your exam notes, it may trigger another exam for re-eval to your benefit.Go over some of your answers you are going to respond to based on the dbq's; practice with your wife; she can be a great help. You can take her with you and ask if she can attend the exams with you; they don't have to let her, but if you say that it will really help because you are stressed (PTSD) and get distracted and she can help you re-focus.  As you probably know, this isn't going to be a short trip, but a journey down VA highway. Gonna be a long ride, but you can do this. If you aren't successful on the first claim(s), you can always appeal. And we are here to help you. You may have other things that are wrong that you may be compensated for but that is for another day. Let us know of your progress.

I have a notepad open on my computer and anytime an issue arises i jot it down. Sometime i repeat what happened but its phased different. An example is i wrote dropping stuff with left hand, then a few days later having a good grip with my left hand. One more question i have, is should i bring my buddy/lay statements for her to see? 

 

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Order your C-file

Start learning 38 CFR

Go get a heavy metals test, this could explain some of the mental and physical issues you're having and the way you feel without knowing why, and if it comes back positive then you know why. 

Coconut water from 99 cent store helps with the fibro. 

and find a rheumatologist (google your town and rheumatologist, check a few out, and pick one to have him/her be your rheumatologist for the next few years)  because the physician needs to rule out  the following - Rheumatoid arthritis, Lyme disease, STDs, Heavy metals, Lupus and have you be on meds for fibro.  Lyme disease and STDs can be done at the VA but get the results and give it to the Rheu.

Stop lifting weights, if you do.

Quote

I'm registered for the burn pits.

Unfortunately it won't help or matter for 30 years, just like how Vietnam soldiers came back covered in agent orange and took decades for VA to get a handle on that.  But you can complain yearly to your congress person and two senators about burn pits. Congress makes the laws. 

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A 50% evaluation is assigned when the condition requires a breathing device, such as a CPAP machine. The 50% rating can have a big impact on your overall combined rating.

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    • By Endgame Thor
      I have found this forum today searching desperately for answers and help, and I'm hoping that some can be found here. I have been working with a representative from the American Legion to assist me in preparing and filing a service connection claim. We started last May (an intent to file was sent on May 17, 2019), and this week of all weeks I finally received a series of letters from the VA Intake office saying my claim was being worked on and that I would be getting a call from a local doctor to schedule my C&P exam. The rep I have been working with told me to call him (or see him at his office) when I got this information, but his office is closed for another week at least (automated voicemail and email responses say through Apr 6) and I am very concerned about what is happening. The rep had mentioned the name of a local physician as who most everyone he has worked with in the past was sent to, but I just this morning got a call from Logistics Health Incorporated and the reviews I found for them online are varied from awful experiences to good ones. I have no way to contact the one person who has been helping me navigate this process and I am very worried on how to proceed. My primary claim is Anxiety/Panic Disorder (it has become so severe that I have been put on ADA Medical Leave from my part time job and my university professors/staff are working with me through their version of a disability office to provide accommodations to help me try to finish this term). I have been on that ADA Leave since Nov 17, 2019 and it is currently slated to last until May 17, 2020. Due to the nature of my primary issue, I have been unable to sleep recently trying to figure out what to do as I can not access the resource I had come to rely on over the last nearly one year. I have several claims being made other than just the Anxiety/Panic Disorder and can elaborate if someone needs that information to help, but frankly I'm terrified to call this large impersonal corporation to schedule a C&P when I had been expecting to work with a local physician.

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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.
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    • 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..

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      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.  

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      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

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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
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