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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
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?
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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Commonly Claimed Disabilities
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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Post in Ready to be rated
Hucast21 posted an answer to a question,
Update 2:
Just talked to a representative for my lawyer.
I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence.
The motto of “deny, deny, deny until the veteran quits or dies” is alive and well.
It should not take a veteran to present their case before the BVA to get it right.
It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs.
I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018.
Now I know first-hand how most or some of you feel in hadit.
Picked By
Hucast21, -
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Post in Ready to be rated
Hucast21 posted an answer to a question,
Update:
My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA.
I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).”
My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief.
Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches.
Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines.
I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis.
I do no understand how the VA can deny service-connection when the evidence is cut and dry.
The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.”
Migraine headaches are not rated that way, which to me is clearly a CUE.
I just feel so broken.
Picked By
Hucast21, -
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Post in Ready to be rated
Hucast21 posted an answer to a question,
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.
Picked By
Hucast21, -
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Post in NOD QUESTION
Galen Rogers posted an answer to a question,
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.
Picked By
Galen Rogers, -
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Post in I faxed my TDIU to the VA form this morning
broncovet posted an answer to a question,
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!
Picked By
retiredat44, -
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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.
EDIT: I just received a Voicemail from LHI, and they have already scheduled an appointment for me for Mon 4/13. One of the primary issues of my Anxiety/Panic Disorder is that I am unable to travel long distances (anything out of my own city, and even long distance within town is problematic even with medication). In light of this, we had submitted along with our filings a request to have an appointment scheduled within my own city, but the appointment was made for me at an office in a city more than 30 minutes away, a trip I can not make.
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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 armyvet05
Hello and thank your reading. Can I file for EED and how to do so?
Filed Claim with 4 contentions on September 10, 2019 with a ITF from Sept 17, 2018-Sept 16, 2019 after being told by the VBA I needed to file it as Supplemental cause previously denied and closed. I got word from Peggy and sent it in with my new and material evidence to include my ITF 09,‘18-09,’19 which was in the first filing, in time under my ITF on Sept. 14, 2019.
In late October 2019, Supplemental MH approved and IU inferred/deferred pending application with an effective date of Depression as Oct. 1 2019.
I bunched the Depression with 3 others but then quickly submitted it as Supplemental still within my 1 year ITF. All three other claims denied sc or increase denied.
My ITF is good for the other 3 and still is do to HLR pending but VA paid no mind of my Supplemental’s EED.
I ask again, does my ITF cover my AMA award? If so, how do I appeal for it?
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By JaeT.21
Hello, I have C&P exams all in one day in January. Any advice on what to expect?
Here's a synopsis on what I'm up against/working with.
- PTSD increase is based off several years of VA mental health treatment and a Nexus letter written by my mental health doctor, which named PTSD, Depression, Chronic Pain Syndrome with depression, Panic D/O with Agoraphobia and survivor's guilt as a diagnosis (last 3 are recently added to records).
- Knee pain- VA issued me a big knee brace and my primary care (tricare) orthopedics specialist just put me an Ankle-Foot Orthosis (AFO) brace because she says I have drop foot and weakened ankle support which tried to compensate for my weak knee/muscle strength
- Foot pain- I reviewed all of my previous C&P exams and realized my foot pain rating had dropped from 30% to 10% because the rater misquoted me (lied) on the C&P exam. I told him these insoles and stuff didn't work. that my feet hurt all the time. He wrote, I said they were not effective insoles and I have to use all kinds of feet massages equipment to get through my work days.
The primary care sent me to this foot pain doctor. All she did was cortisone shots (3 times) in my feet and tried to up-sell me on her brand of insoles.
- Migraines- Been at zero percent since retirement. Last year I was hospitalized twice and misdiagnosed with having TIA and strokes/CVA. My VA advocate put in a secondary claim to my service connected cervical damage. End result not service connected for CVA/TIA.
However, ALL TESTS revealed that I've never had a stroke. The neurologist diagnosed me with Hemiplegic Migraines. These rare migraines an mimic strokes, causing weakness on one side of the body. They can last from a few hours or in my case,first one lasted 3 months.
The neurologist provided a letter stating that all of the hospital doctors had misdiagnosed me with having CVAa. He also diagnosed me with exertional headaches.
I know I'm no more special than the millions of other veterans out here, but this "deny 'til they die" tactic is wearing me down.
Thanks for any advice.
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By jdelta
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.
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Post in Ready to be rated
Hucast21 posted an answer to a question,
Update 2:
Just talked to a representative for my lawyer.
I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence.
The motto of “deny, deny, deny until the veteran quits or dies” is alive and well.
It should not take a veteran to present their case before the BVA to get it right.
It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs.
I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018.
Now I know first-hand how most or some of you feel in hadit.
Picked By
Hucast21, -
-
Post in Ready to be rated
Hucast21 posted an answer to a question,
Update:
My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA.
I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).”
My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief.
Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches.
Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines.
I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis.
I do no understand how the VA can deny service-connection when the evidence is cut and dry.
The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.”
Migraine headaches are not rated that way, which to me is clearly a CUE.
I just feel so broken.
Picked By
Hucast21, -
-
Post in Ready to be rated
Hucast21 posted an answer to a question,
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.
Picked By
Hucast21, -
-
Post in NOD QUESTION
Galen Rogers posted an answer to a question,
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.
Picked By
Galen Rogers, -
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Post in I faxed my TDIU to the VA form this morning
broncovet posted an answer to a question,
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!
Picked By
retiredat44, -
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I requested connection for psoriatic arthritis of the right hand, left wrist, and both feet. In addition to these joints the RO requested a C&P exam of shoulder, hip, elbow, wrist, knee, and ankle. I have no idea why they did this but it is possibly beneficial to me. I'll attach this part from my c-file at the bottom on this post. The VA only decided on the four claimed joints. The other joints that the VA put in the C&P request were never evaluated or referenced in anyway. This includes no mention in rating decision letter or during the C&P.
Fast forward to 2015 I report for a VA requested future exam for the four SC joints. I made the complaint of joint pain in 11 joints to include the joints stated above from the 2009 C&P. These were recorded in the results as pain. In addition to the documentation in the 2015 exam, they VA acknowledged the additional joint pain and suggested I contact them if I wished to claim these. I stupidly did not see this until recently.
Would I be able to get these joints connected and EED back dated to 2009 or 2015 based on an inferred issue and that no decision was made on the other joints?
Again the VA is the one that requested the additional joints to be evaluated in 2009 and not me. Then they were never addressed. I am interested in this because I have been finding information on claims being considered open if the VA never renders a decision. While they rarely miss a veteran claim they often miss inferred issues. This seems like a pretty obvious inferred miss to me. The VA specifically requested the additional joints. Might be a stretch but this would be significant retro.
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