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100% P&T TBI/PTSD finally!

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El Train

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Finally got my rating after battling only 3 years. 60% in 6 months, then 190 total after one year.  Thanks to The Ellis Clinic and Dr. Valette, they were able to get the ball rolling on my initial TBI and increase for PTSD claims.  They also helped in several other key areas and claims.  5 total C&P's (3 TBI & 2 PTSD) by the VA and it all worked out in my favor.  Combined with an additional 92% on top of the 100% also qualified me for SMC.  Wasn't expecting that.  What a relief.  I hope it's all over and no more C&P's.  But I won't let my guard down.  I will keep seeking treatment for my issues.  It does help.  I still do work part time as well.

I want to thank everyone in this forum for all the help.  Such a positive forum.  The other Veteran Benefit Network forum was a total drag down.  Got into it so much with them stinkin thinkin fools, it just wasn't worth it.  I may go rub their nose in it from time to time.  I don't mind calling them out on their bs.  I will continue helping here as much I can.  I got my rating in short order as far as claim times go.  So I do know a thing or two by now.  I know I had a few people following me, so don't hesitate to contact me.

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Congratulations and thank you!!!

    I agree completely, about VBN.  Several of us here "foremerly" were at VBN.  We need more knowledgeable people to answer questions, I have been doing it a long time, and, well I have other things to do.    So I welcome people to chime in and answer questions who have "been around".  I am not shy in telling people I disagree, but I always say "why", and often cite my source such as case law, regulation(s), OGC opinions, fast letters etc, or even other Vets experience, etc.  

    I dont intend to answer "How long", or "What does ebenefits mean when it says...." very much any more.  Maybe with a first timer, because I realize the "how long" question meant the difference between losing my home (or not).  (Yes, I lost my home due to VA delays and denials, as well as poor advice from VSO's and VA employees.  These people often have an agenda "in conflict" with that of Veterans. )  

    We rarely have individuals here who say stuff like, "Oh, no, dont apply for an increase.  You will be reduced instead".  If they do, I call them out on it!!!!

    I say to apply for any benefit YOU think you may be eligible for and let VA decide, and YOU get to decide whether or not to appeal.  

     I have been around a long time, and about 80 percent of first time claimants are denied.  For those who appeal to the BVA, only about 20 percent of those are denied again, without at least a remand.  To my count, that means that 80 percent of denials are overturned with one or more errors.  

    The VA has some propoganda going around that they have a 95 percent "accuracy" rate with VARO decisions.  HOGWASH.  The BVA chairmans report disputes that.  

Remember, "at least some" of those 20 percent who are denied again at the BVA, will be overturned at the CAVC or even Federal Circuit, so 80 percent error rate may actually be understating the real error rate.  

     I dont remember reading a single VARO decision, including mine or others that did not have at least one error, and ultimately, they won their benefits in spite of the denial.  

    Congratulations again, and feel free to dig in and answer questions, including, if you dispute an answer given by others.  

    I have a good rapport with Berta, Buck, and many of the others, and I dont permit "name calling".  Its okay to disagree, but its not okay to "attack" other Veterans.  No 2 people are ever gonna agree on everything.  

    Berta and I agree on about 99 percent of the stuff.  She likes Cue more than I do, and she has been great with it.  I only use Cue as a last resort, but I recognize her success filing Cue's, and winning them.  However, very few of us are as skilled at writing CUE's as Berta.  She is just amazing with them.  She is also our resident and undisputed expert on DIC and widow benefits.  

     For me, I have had considerable experience with EED's, and I try to answer those.  

   

Edited by broncovet
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  • Content Curator/HadIt.com Elder

Congratulations on your hard fought victory.

Of course, double-check everything in the decision, especially the effective dates, to ensure they rated you correctly. The VA has a habit of not doing that. You want to catch those errors while you are still in your appeals window, not years later when your options are limited.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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Congrats. El Train. I guess 3 years isn't so long for the average Joe, but it sure must be if your doing the VA thing the whole time. As Bronc said, we can use your experience and benefit of your knowledge, so please pitch in from time to time. And, have you noticed how many people always congratulate veterans who win their claims and report it? We all really share in your joy. Super win for you!

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