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Valhalla0321

Question

HI,

I been TDIU P/T from a combined 70 for years and recently got approved 50% for OSA  so now im still TDIU P/T however at a newly combined rate of 90%

Over the years on my claims journey,  i have started out with American Legion then now the DAV reason for parting ways actively with ALegion was i had been sitting at 10% for over a decade and my Legion Veterans POA told me a story about how there Veteran spouse never got approved for a injury so i faced the same uncertainty (POAttorney) also stopped returning my calls through the process so then i branched off to DAV and even though it was an awkward representation with the DAV' being cold in person conversations and up in the air if they were pulling weight i have always been contemplating on joining there membership with dues. I myself have been hesitant over the last years with this decision of Membership only because someone at the DAV told me that me and you are not obligated to pay membership dues for representation however recently i have been getting notifications and though..... well'  why not because recently i was awarded back pay for a claim and i wanted to follow a popular Veterans advocate "Chris Attig who insists to file regardless of the hampster wheel, reduction, etc... " Now here is were it gets real!! and confusing:

Not long ago (Before the recent claim approval) A representative from the DAV told me that i should pull this old claim because i was already TDIU perm and that the pending claim (pre TDIU approval)  wouldn't justify anything and the only thing it could do is put me in the VA Examination/ Claim hamster wheel, this advice was strongly advised however i just completely forgot about it and thought the claim would fizzle out. Come 5 years later i found out that it was a good idea not to withdraw claim because it was approved with back-pay so i been contemplating membership. I recently informed the DAV after they sent me the letter of increase and or award that i had submitted a new claim for PTSD because it has gotten worse plus i got help at the VA for it a couple years ago with some encouragement through help of certain members here and Attorney/Veteran's Blog contributor Chris Attig (VeteransLawBlog.org) who's suggestions are bluntly stated not to worry about rocking the boat and my personal other reasons is my non paid pre 911 caregiver told me about "(SMC) Now Since this PTSD originated in service stress'r and has been diagnosed by a VA Shrink who has linked everything and diagnosed the propper DSM-5 i went ahead and filed a new claim. I been checking the new va.gov/track website for updates and also to upload extra documents from psych that might not be in my chart, the shocking worrisome part here is that my details went from: 

Your compensation claim(details)

Post Traumatic Stress Disorder (PTSD) Combat - Mental Disorders (New)

To:

 

  • Post Traumatic Stress Disorder (PTSD) Combat - Mental Disorders (New)
  • TBI (New)
  • fractured jaw/teeth (Increase)
  • broke and rearranged nose (New)
  • tension headaches (previously denied as headache due to concussion and head injury) (Increase)

What i'm concerned about is all of above except for the PTSD(because this was my new intent to file/...) even though these conditions are all valid and backed by record its just the fact that i never included this on my new claim and the all so scary portion is the Tension Headaches increase' because i'm already 50% service connected and basically 'TDIU p&t was based on it and strangely the VA should know that 50% is the highest , so why is this even there... HELP

Edited by Valhalla0321
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@Valhalla0321,

Sometimes when you request a new disability or increase they will add your other ratings.  I do not know why they do this but they can so they do.  The PTSD and TBI are inter-related especially if you have had a head injury so I would not be worried about those.  As for the nose, it is also new so I would not worry it.  As far as the other two increases it might be a concern.  Any VA rater knows 50% is max for headaches and I do not know about the fractured jaw.  If you have been rated for more than 20 years they cannot reduce your rating except of proof of fraud.  Have you been rated over five years for these?  There is some protection after five years.  They cannot decrease a rating over five years based on one exam.  They also must show improvement, I doubt a fractured jaw can improve.

I asked for an increase on some of my disabilities and the VA threatened to reduce my benefits by letter and sent me to two C&P's back to back in a moth's time.  This was not kosher.  The VA is not supposed to develop to deny. Long story short I was not reduced.

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Thank you for replying,

 

Its not odd to say i have not gone to sleep today due to anxiety however i will now (been waiting for a reply) no pressure on any who may view this. Thank you for your feedback, 2 weeks ago an old claim i had at BVA appeals was closed and i was awarded a new 50% for OSA, a claim the DAV said i need to withdraw in best interest and i assumed a reduction or hamster wheel activity i what the DAV was worried about and i'm glad i went with my gut and did not withdraw. What struck me odd was that after the old BVA appeals claim was closed i took advice to present my PTSD story, one i actually waited almost 20 years to get help for and specifically i have been treated for over 3 years. Being that and the fact that my VA psych connected the stress er to combat and non combat, i decided to safeguard myself and move the needle hence file a new claim. For about a week va.gov only listed my new claim of PTSD then recently "today" i listed all these disabilities that i put in for an was denied and also the ones i just didn't pursue. And as i indicated what was odd is the increase put in "from the VA" of headaches that i am already 50% very suspiciously added!!! anyway' my VA Neurologist who has been treating me and seeing me for Migraines for over 5 years just recently (18 months ago) filled out a Medical Summary Report and DBQ and he filled it out with great degree of certainty in my favor so i feel confident with this but the creepy VA system i'm forever worried about.

Thank you and see below for a snapshot of some of my data,

Goodnight.

  • You are considered to be totally and permanently disabled due solely to your service-connected disabilities:
  • The effective date of when you became totally and permanently disabled due to your service-connected disabilities:
  • Yes
  • February 08, 2015
Edited by Valhalla0321
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  • HadIt.com Elder

Valhalla Sure does look very promising for you. But you have been around the block a few times now and it should be really clear that the "VA ain't your friend. " They do the delay, deny and die routine as often as they can.  We just have to keep on trying. I also think for someone with your experience with the VA, going with your gut feeling, all things being equal, isn't a bad thing sometimes. I guess my point is this: if the VA is making a recommendation for a veteran to pull back a claim "in your best interest", a very big red flag should go up. They just don't do things in your best interest UNLESS it is in the VA's best interest! You have a lot of parts to look at, so don't get your expectations too high; wait for your decision letter. After a week or two, take a new look at it in detail; see if you should be considering a new appel; especially an EED.  Get some sleep; carry on, Marine.

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Than you all for replying,

And i got an update from the contractor C&P scheduler who wants to make an appointment for TBI, Dental and Physical exam all over my state(very inconvenient as expected) I have yet to get a hold of my DAV rep to ask how and why is this happening? I just had a exam a month ago and VA quickly approved a very old appeal and awarded me increases and back pay and now i get thrown into a hamster wheel of several evaluations when i only put in a claim for PTSD hence the others listed below and should i be worried about the tension headaches i was approved for maximum rating almost 5 years ago that landed me in P&T TDIU ??/ if anyone can chime in i would appreciate it. I'm thinking of the nightmares of how the VA magically takes someone from a TDIU and deletes it or changes them to a 100 perm to get rid of any tdiu family benes.. help.....

  • TBI (New)
  • fractured jaw/teeth (Increase)
  • broke and rearranged nose (New)
  • tension headaches (previously denied as headache due to concussion and head injury) (Increase)
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@Valhalla0321,

Sometimes when you request a new disability or increase they will add your other ratings.  I do not know why they do this but they can so they do.  The PTSD and TBI are inter-related especially if you have had a head injury so I would not be worried about those.  As for the nose, it is also new so I would not worry it.  As far as the other two increases it might be a concern.  Any VA rater knows 50% is max for headaches and I do not know about the fractured jaw.  If you have been rated for more than 20 years they cannot reduce your rating except of proof of fraud.  Have you been rated over five years for these?  There is some protection after five years.  They cannot decrease a rating over five years based on one exam.  They also must show improvement, I doubt a fractured jaw can improve.

I asked for an increase on some of my disabilities and the VA threatened to reduce my benefits by letter and sent me to two C&P's back to back in a moth's time.  This was not kosher.  The VA is not supposed to develop to deny. Long story short I was not reduced.

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