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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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JaeT.21

Had C&P for Increases (Migraines, PTSD, Foot pain, and Knees) not sure if it went well

Question

So I went in Friday. Saw two examiners. I didn't have time to submit my Statements in Support of Claims (PTSD & knees) my wife and adult children filled out but I had them read them while I was there.  I just uploaded them on Monday.

The first wa a Nurse Practitioner.

  • She checked my feet and knees. Don't know if this was the smartest idea but I didn't wear my AFO or knee brace at first, because I wanted her to see how I walk, move unassisted.  I put it on after her examination and showed her how I'm still not stable on that leg no matter which apparatus I'm using.
    • I explained my quality of life at work sucked becaue there's only one elevator, which means I walk twice as far to use it. I work upstairs and have almost fallen several times.
    • I also told her I was concerned because the last rater wrote I was doing good with my orthotic insoles, when I 100 percent told him that I can't use the Navy issued insoles for regular shoes. My feet rating was decreased because of that. So I made it clear verbally that I was not getting better.
  • For the Migraines increase i showed her my migraine tracker chart and she barely looked at it. It shows that I missed over 100 hours of work last year due to migraines.  

 

The second was the Psychiatrist

  • She didn't ask me much about anything my VA psychologist  wrote in her nexus letter. 
  • She skimmed over my buddy statements. 
  • She asked me about 6 questions, pretty much (yes or no) 
    • when was my last fight
    • about my job
    • am i taking my medications
    • have I been arrested
    • about my work history
    • about my sleep
  • It lasted about 15 minutes.

So who knows what is going to happen. All I know is I left there without any confidence that the evidence nor my exams helped. 

We'll see.

 

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Jae You got it pegged. "We'll see." no way of knowing what was written in their reports. Don't worry about it, water over the damn. If you had the C&P's done at the VA, rather than one of these medical outfits, you can request a copy at the RO. I believe you can now see the results in ebenefits after 30 days. If everything is good and you get s-c for these, great. If not, you will need the reports to appeal. But you did the stressful stuff, so great. Wait now for you results. Good luck.

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19 minutes ago, GBArmy said:

Jae You got it pegged. "We'll see." no way of knowing what was written in their reports. Don't worry about it, water over the damn. If you had the C&P's done at the VA, rather than one of these medical outfits, you can request a copy at the RO. I believe you can now see the results in ebenefits after 30 days. If everything is good and you get s-c for these, great. If not, you will need the reports to appeal. But you did the stressful stuff, so great. Wait now for you results. Good luck.

All of these were are S-C. The migraines 0 rating have confused me since I got out. Been hospitalized twice in one year for them on this claim. Still probably not enough. Who knows. Yes I plan going into the Jax clinic and requesting my C file's next week. Then I'll break out the Googler for all the VA "written to confuse you" jargon. 

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20 minutes ago, GBArmy said:

"We'll see." no way of knowing what was written in their reports. Don't worry about it, water over the damn. If you had the C&P's done at the VA, rather than one of these medical outfits, you can request a copy at the RO. I believe you can now see the results in ebenefits after 30 days.

Is there anything that stops us from reviewing these reports during the appointment ~~~ before either we get sent off, or a bad report gets sent off?

This is something I had to start doing, though it steps on the doc's toes it seems, I do it for the sake of integrity to our claims/appeals.

I try to explain to them as briefly as I can why I want to "look over their shoulder" while they fill out the exam -- It's a report about, well, US, after all....if there is a confusing matter that arises - perhaps the good doctors ought to ask us more about it - but they look right through me and "over my shoulder" to the clock on the wall to see when they can cast me out.

How many of you are out there that has had an examiner fill out questions WITHOUT ASKING FOR YOUR RESPONSE?

A different example of this would be like making determination (eyeballing) without proper ROM tests.

I'm having to fight right now because the Doc I saw didn't check the box for "had a previous head injury in service" --- 8 years ago

If I had caught that before the next exam, I would have chimed in immediately to correct it.

Now I wander the VA labyrinth.

So much waste...

The butterfly effect from a single unchecked box.

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18 minutes ago, JaeT.21 said:

All of these were are S-C. The migraines 0 rating have confused me since I got out. Been hospitalized twice in one year for them on this claim. Still probably not enough. Who knows. Yes I plan going into the Jax clinic and requesting my C file's next week. Then I'll break out the Googler for all the VA "written to confuse you" jargon. 

Could you redact your rating decision page(s) and post them? We could better assist this way.

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25 minutes ago, JaeT.21 said:

All of these were are S-C. The migraines 0 rating have confused me since I got out. Been hospitalized twice in one year for them on this claim. Still probably not enough. Who knows. Yes I plan going into the Jax clinic and requesting my C file's next week. Then I'll break out the Googler for all the VA "written to confuse you" jargon. 

When requesting an increase, you can use medical evidence going back up to one year. 

The VA may request a C&P if the medical evidence needs interpretation or if they don't see anything readily available.

All they are doing is an assessment to see if you improved, stays the same, or got worse. They will compare that against the rating criteria to determine any changed to individual or combined ratings.

 

 

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  • Similar Content

    • By Glenndawson100
      Hi there, Recently actually yesterday the 21st of February the VA gave me notice that my supplemental claim had been decided and that they had sent out the letter that morning as well (meaning the decision was actually made on the 20th). This of course prompted me to check Ebenefits, where I saw no change in my rating. I'm currently rated at 40% for other issues. And in the past Ebenefits updated almost instantly leading me to believe that this supplemental claim was denied. I originally submitted my Epilepsy claim back in august, it was denied about 4 months later due to conflicting phraseology given by one of my doctors (mind you i still have a diagnoses of Epilepsy with 15 witnessed Grand Mal seizures at this point). Once i got the original decision letter I contacted my County VSO's office and set up an appointment. After they reviewed everything they we surprised that my claim was denied as it has a clear nexus and on top of that falls under the conditions; that if they manifest within a year its considered service connected (I separated 02/01/2019, first seizure onset was 05/25/2019). They did review the 112 pages of evidence from my civilian doctors and did see the conflicting phraseology. They told me that if I could get my Neurologist to just confirm my diagnoses and say i was and have been under treatment since 05/25/2019 that we could submit a supplemental claim since that's the fastest route. So that's what we did. That brings us to now. Under the standards for Epilepsy I was looking at a single rating of anything between 80%-100%. An 80% from 40% would have resulted in something Close to 90%. While i'm holding out, since in either case the retro pay (if my claim was awarded) would be greater then 20K that the additional signatures required are slowing down Ebenefits from updating, but as in most cases if the letter has sent and Ebenfits doesn't updated, 90% of the time you Claim/Supplemental/Appeal is denied. ( I mean correct me if I'm wrong). Whats the moral of the story? No matter how much evidence you have to support you the VA will be the VA. I'm lucky that I'm rated for other conditions so that I can at least have the VA help me cut down on the costs of treatment for Epilepsy, but it would have been nice to have it service connected so that I wouldn't have to wait months on months for Neurology appointments since I don't have priority. If any one has any information for me that might help moving forward, I'm all ears as once my letter is received and upon reading of the denial ill be filling an appeal.
    • 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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    • 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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