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My claims are going on 1 yr and 6 months since the time I filed. Been taking so long due to the months it took to schedule these exams.
I had completed all my CP Exams with LHI contractor, then VA requested I redo all those same exams with VES contractor.
1 exam due to DBQ questionnaire changes
1 exam due to it being conducted over a year ago
Another exam which was done 4 months ago, also had to be redone.
Anyone else deal with this lately?
First time I ever claimed it took less than a year, completed CP Exams once then received a decision.
Once again, hoping this is posted correctly. Not sure, but can't quite seem to get the hang of this particular version of a forum, so my apologies if I'm doing this wrong.
Real quick background, I'm rated for PTSD/major depression/alcohol/TBI at 70%, kidneys 60%, bladder 10%, headaches 0%, and seems like something else I'm forgetting at the moment. Those were all completed about 13 months ago. Pending is a back issue, hypersomnia, hypertension, and heart disease. Total after VA math is 91% (maybe 92?). I was involved in a training in which another soldier died.
Due to the hypersomnia claim, the VA has asked that I be reviewed for the PTSD and TBI. In preparing for those reviews, I've found various mistakes in both reports, some which seem immaterial, and some that may matter. For example:
The report states I was cleared of charges at trial. That is inaccurate. I was cleared of charges during the investigation phase due to a malfunctioning piece of equipment. I was never charged (that I know of... 1st sarge got defense attorney involved pretty quick, so I kind of lost track of a lot of the process). I was in the brig for a while, and then on supervised house arrest until the investigation was over, which I told the examiner. Seems immaterial to the overall findings, but still not accurate. The report states that I was "dazed for 3-4 minutes". That is inaccurate. I was dazed for 3-4 days, not minutes. Depends on the clinical definition of dazed I suppose. I have zero recollection of the minutes following the incident (probably 3-4), and only wispy memories of the 3-4 days following the accident. Frankly, as I've thought about it over the past year, I'm not completely sure what is actual memory, and what is "recollection" based on what my squad members who were supervising me told me about the incident. I'd like to get those cleared up, but don't want to get tagged with a "veteran has changed his story" line somewhere. I guess the answer is they are inaccuracies, and I need to take them head on, but was interested in the thoughts of those who have more experience with this sort of thing.
Should these inaccuracies be addressed in the these review exams, or is there a different and/or more appropriate process to challenge the inaccuracies?
Just finished my C and P for Tinnitus and Hearing loss. And why I most likely will be denied.
My appointment was made through LHI. This was June 24, 2021 and the appointment was for September 10, 2021. I called LHI and asked why it would take 11 weeks for an appointment, no answer.
My appointment was for 1PM. I arrived at 12:45 to find the location at a small store front in an older strip mall, my first thought was, Dingy and Dirty. No one was at the reception desk so I called out to someone in the back. Turns out it was the Doctor who answered she was with a patient and came to the front and informed me they were out to lunch and to sit down until the receptionist returns. Needless to say she seem a bit miffed that I bothered her.
The receptionist arrived and took my info and asked that I take a seat until the Doctor finished with the other patient. I waited until 1:15 when the doctor called me in. Her 1st question was “how are you doing” and my reply was “I’ve been better” she seemed to want to push the issue and I pushed back saying I didn’t know want she wanted me to say. At this point I started to feel this was not going to go well for me.
She began interviewing me first about my hearing. It was pretty basic like, are both ears affected, is one side better that the other. When did I notice my hearing lost and what may have caused it. I told her about being in the Artillery in Viet-Nam for a years. I was honest to tell her that age may also be a factor. Then she started asking about my Tinnitus, normal questions like, when did it start, what it sound like to me. I explained besides being in the Artillery there was one incident of a large road land mine that blew up right in front me. I was driving a deuce and half with some replacements from Pleiku to Kon Tum. The deuce and half in front of me hit the mine and it blew off the double dual tires of the deuce and half as well bending the bed as if it was a toy. It was the loudest thing I ever heard. She took notes about it but seemed to want to know about my life after Viet-Nam.
At this point she seemed confrontational about my answers. I told her I worked in the accounting department of a large trucking company for about 15 years and then computer work. Nothing in noisy areas or running heavy machinery. She didn’t seem to want to listen how Tinnitus impacted my life. She just seemed to want to find some other reason why I might have Tinnitus. She keep asking about if I go hunting or to a shooting range. Then if I own a motorcycle or loud lawn equipment. I told I didn’t but she asked a second and third time about the same thing at which point I felt she was badgering me.
We started the hearing test and to my surprise my hearing was better than I expected. I don’t know if she played with the equipment but it sure didn’t feel right, but the results are the results. So I doubt I would get any rating for hearing loss. As for the Tinnitus I assume it is what opinion she puts in her report but I have little hope it will be in my favor.
Overall I didn’t find her to be a very professional and wish that they had choose another doctor to do the testing. Just wondering if anyone has any comment about LHI as a contractor?
Just had my LHI c & p for Rhinitis. It lasted 5 minutes and they didn't do the Gulf War DBQ requested by the VA.By talusians
I applied for compensation for Rhinitis. Service connection is presumed based on my time in Iraq in 2003, but it is also noted in my exit exam when I left service. The c & p was set up through LHI and I had the appointment today. Service Requested on the appointment confirmation says DBQ General Medical Gulf War, DBQ ENT Sinusitis, Rhinitis & Other ENT Conditions, DBQ Medical Opinion - MED: ENT Sinusitis, Rhinitis & Other ENT Conditions. The appointment was supposed to last 75 minutes. I went in at noon and was out at 12:05. I know for a 30% rating for Rhinitis, I would have to have nasal polyps. I don't know if I do. I asked the evaluator about it and she said an endoscopy would need to be done and that she didn't know if I did, but probably not. Ok. How would the evaluator answer the nasal polyp question on the DBQ? I'm assuming she would need to leave it blank. Will the VA ask for an endoscopy before rating me? If I end up only being rated 0% after being properly evaluated, that's fine, but I do plan on adding my asthma, vocal cord dysfunction and Eustachian tube dysfunction as secondary to Rhinitis once it's on my record. Has anyone had success doing this? Also, I wasn't asked anything on the Gulf War DBQ. I did call the VA and report that it wasn't done as requested because I don't want to find out later that this doc turned it in with made up answers. Has anyone had this happen before where an evaluator does not do any type of exam or ask any questions for a DBQ the VA requested?
I recently had a C&P exam on the 9th of July, the examiner told me that it would take 30 days for her to do her research and come to a decision about my claim. So the 9th of September was the 30 day mark and the case is still open as of today. I checked my blue button records and she actually made a decision on my claim the same day she said it's less likely than not. So my question is has any one seen results take this long and why would she lie to me and say it's going to take 30 days for her to find results and she made a decision the same day.
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,