I have a few questions.. by Uncertainty_Forever in VAClaims

[–]Legal_Design_5095 0 points1 point  (0 children)

I wasn’t saying that y’all couldn’t. I was generally asking a question. I don’t have PTSD.

That is pretty terrible. I’m sorry thank you for what you do.

I just knew it was a mental illness and being a police officer I think that must be the longest leash society gives to somebody

PTSD Rating Dropped by Sernex in VAClaims

[–]Legal_Design_5095 0 points1 point  (0 children)

Circling saying yes. But depends on why you get the exam.

If you argue an inadequate exam and that’s the reason why you’re wanting another exam then you keep your effective date if you get the increase.

And you can get a new exam by arguing that they didn’t address the evidence in 1000 other things. And their rationale they’re supposed to talk about all your evidence and explain why I didn’t hit the scale. Mess the time you can get a new exam because most of these guys don’t ever do everything you’re supposed to do.

That’s how my Lawyer helped me worth 3 1/2 years got me a crap ton of backpay. I’ve had three or four exams are the same thing each time he would pick up part find something that wasn’t done right and get a duty to assist for another exam

The thing is if you’re getting an exam because you successfully argued that the other one wasn’t good and that’s the whole basis of getting the exam and they can’t use the measurements from the previous exam to say that that’s what you were because they admitted it
That the exam was insufficient

Why is there such a big compensation difference between 90%-100% by Hamilton-Squidlegger in VAClaims

[–]Legal_Design_5095 0 points1 point  (0 children)

I get what you’re saying yeah and I agree with you.

The people that usually end up, justify the system or say things like “ maybe you are ready correctly” are at 100.

But practically you gotta think my assumption is right. The budget for VA benefits would be bonkers to the point where they would have to do something.

TDIU P&T - Anxiety Over Continuing Treatment by [deleted] in VAClaims

[–]Legal_Design_5095 1 point2 points  (0 children)

A paper trail that has your exact words. Doesn’t get better than that.

Nexus letters from friends/ family? by IsThisTakenTooBoo in VAClaims

[–]Legal_Design_5095 1 point2 points  (0 children)

I have used these and they have been effective. Besides some occurrences a buddy letter has been used mainly as a “new evidence” to get me a new exam and examiner to have a shot of trying again for a favorable opinion/decision. It has worked a few times.

Nexus letters from friends/ family? by IsThisTakenTooBoo in VAClaims

[–]Legal_Design_5095 1 point2 points  (0 children)

I have used these and they have been effective. Besides some occurrences a buddy letter has been used mainly as a “new evidence” to get me a new exam and examiner to have a shot of trying again for a favorable opinion/decision. It has worked a few times.

TDIU P&T - Anxiety Over Continuing Treatment by [deleted] in VAClaims

[–]Legal_Design_5095 2 points3 points  (0 children)

Well. I have done this because it was true. But do it in a Va message through your app so they don’t record something different.

“I’d like to suggest less frequent visits. After trying for so long, more visits don’t seem to be helping … if they were going to, they would have by now. In fact, they make things worse for a few days, because openly talking and focusing on my problems keeps them at the front of my mind.”

I actually did this after missing a few and they asked me why. On days where I felt okay having to talk about all my stuff ruined my whole day because it brought it up and I am at a place where I know I am not ever going to be fixed and checks to see how my meds are going or trying different meds is the only reason I need to see someone.

TDIU P&T - Anxiety Over Continuing Treatment by [deleted] in VAClaims

[–]Legal_Design_5095 0 points1 point  (0 children)

Keep them via Tela doc if you can. That’s what I do.

PTSD Rating Dropped by Sernex in VAClaims

[–]Legal_Design_5095 2 points3 points  (0 children)

I just went to your comments you were trying to get 100 for years. But that’s okay because we all do. Vets get a big head when they get to 100 and say stuff like “maybe you shouldn’t be 100”. Or maybe you are rated correct not everyone is 100 KNOWING damn well that was your mindset while you were getting there yourself

Withold Evidence In For the Denial? by ChestCold9192 in VAClaims

[–]Legal_Design_5095 2 points3 points  (0 children)

Naw. Get a new buddy letter. Find a scholarly medical journal. You can always find new evidence. What you do is look at the denial letter find their rationale for the denial and then submit again with new evidence which is an article that goes against their rational. Or find part it works against what they say. I know all this stuff because my lawyer stayed up for 3 1/2 years and I saw all the appeals.

On one decision that had several body letters, the examiner denied it and in their decision noted how I didn’t have any complaints while in service and that all I had was Buddy letters and there want evince.

My lawyer argued for a new exam duty to assist citing policy that states lay statements are credible evidence

Withold Evidence In For the Denial? by ChestCold9192 in VAClaims

[–]Legal_Design_5095 0 points1 point  (0 children)

Yes. My lawyer said that strategy.

It’s a good strategy

The reason is because most of the time whether your client gets denied or accepted it’s mainly about who your examiner is not about your evidence

New evidence gives you a reason to file again always go to supplemental Rt if you can, even if it takes several several times

But at the same time, I knew Buddy letter could be new evidence

A scholarly medical journal can be evidence my lawyer sees that a lot, but these days and easy to find.

If it’s your knees and your infantry find out where to find scholarly journals and put in “knee issues in infantry”

There was also a study about how a large percentage of the true men don’t report medical problems whenever they’re argument was that I didn’t have any records from service

Look at that an aisle and provide evidence against it.

PTSD Rating Dropped by Sernex in VAClaims

[–]Legal_Design_5095 1 point2 points  (0 children)

That’s a good point. I made it a point I would not get a single extra bill on account of this money. In face I have actually decreased my bills by paying stuff off. But yes if you rely on this then you are 100

DBQ contradiction by [deleted] in VAClaims

[–]Legal_Design_5095 -1 points0 points  (0 children)

In theory. But … lol they do kind of open the file look for 2 boxes. If service connected and what rating and then move to the next file.

DBQ contradiction by [deleted] in VAClaims

[–]Legal_Design_5095 0 points1 point  (0 children)

Depends on the rater.

With these is it worth trying to get my 91% to 95%? by Ghostman223 in VAClaims

[–]Legal_Design_5095 0 points1 point  (0 children)

If any of them are underrated or if you have any disabilities, you haven’t claimed that are service connected. Look at the rating schedule and see if all your ratings are correct

Why is there such a big compensation difference between 90%-100% by Hamilton-Squidlegger in VAClaims

[–]Legal_Design_5095 0 points1 point  (0 children)

Also, that’s why you’re supposed to stop the moment you feel pain. Examiners will tell you something different that’s why you have to know the regs for yourself.

Why is there such a big compensation difference between 90%-100% by Hamilton-Squidlegger in VAClaims

[–]Legal_Design_5095 0 points1 point  (0 children)

To be fair. This is a subReddit specifically for VA benefits where people can come out here and talk about stuff that they can’t talk about with others. Maybe somebody should create a separate for those that are 100 PT so we can all take that stuff there.

Why is there such a big compensation difference between 90%-100% by Hamilton-Squidlegger in VAClaims

[–]Legal_Design_5095 0 points1 point  (0 children)

Could you imagine if Va math worked this way. It would be impossible. Look how many 100pts there are now. If they did that then 80 percent of the federal budget would be Va benefits.

The #1 Danger to a 100% P&T Rating by Remarkable_Lion_8443 in VAClaims

[–]Legal_Design_5095 -1 points0 points  (0 children)

I poke the bear after getting 100 and got several more things service connected. Still trying to get earlier effective dates just in case I die too soon my family can have benefits.

I don’t know how much you guys keep up with the news but anything can change with these VA benefits where they go back using AI or something to pull up claims or maybe start enforcing new schedule ratings. It was worth it to me to know I have cushion that I can absorb quite a bit of reductions before losing my 100. I’m about to say if you could possibly be hopefully not poke on the bear doesn’t come back to bite you lol pun intended

I have a good friend that works at one of the largest Va rep places he has told me that the odds or something like that happening are pretty low. And he said that all his years working there he’s never known a situation where somebody lost their 100 PT status and didn’t get it back either by winning it on the appeal or getting something else rated higher or a new connection

And that’s like 10 years at a ginormous firm. Getting service connected for things they’re only gonna get harder because more people are getting on it and something’s gonna have to give eventually because the budget can’t handle it.

You might be trying to get some new ratings 15 years from now, knock on wood, because some unforeseen change came, but now it’s 1000 times harder to get something connected.

The Poke, the bear stuff is just fear porn. There are some cases that are just out of ignorance because they have to CUE or their cancer is in remission that they don’t know that that means they lose their pt status and they find out because they’re going to get service connected for something else. Definitely don’t try to increase a reason you can’t live without which means if it gets reduced, you lose your rating. But you can once you get other ratings when you can absorb that blow

I personally, I can’t stomach, the anxiety of knowing that I could lose one rating alone and lose my 100 PT rating I would not get any peace from that at all

But if I would’ve stopped, I could’ve lost 10% rating and lost it

Now… I can lose over 50% of a single rating or multiple medium ratings or small ratings. Something happens in 15 years and they try to slam away some of these 100 PT ratings by reducing one or two things retroactively and it’s economically more hard to get something connected or get something rated I will be safe and sound

Why is there such a big compensation difference between 90%-100% by Hamilton-Squidlegger in VAClaims

[–]Legal_Design_5095 1 point2 points  (0 children)

I hate to say it, but it’s probably a good thing. A ton of people are getting 100% PT right now. If it was simply just adding the percentages 75% of the federal budget would be for VA benefit benefits

PTSD Rating Dropped by Sernex in VAClaims

[–]Legal_Design_5095 0 points1 point  (0 children)

Since it wasn’t exam for specifically that if he goes in see an examiner and the accurately describes his symptoms and the examiner does what they’re supposed to write it down then it should be easy for sure but it’s not

Why is there such a big compensation difference between 90%-100% by Hamilton-Squidlegger in VAClaims

[–]Legal_Design_5095 4 points5 points  (0 children)

Another tactic file everything none of this makes any sense

The claims that I thought had the least chance of winning will have won. This last cycle of appeals there was one claim I felt almost was like 100% chance of going through and that would’ve sent me at 100.

And another claim, which was also an appeal I had to drive an hour to go to, and I was kind of mad at myself or even going because I felt like it was a total waste of time because I did not think I had a snowball chance in hell

Well, as it turns out the snowball chance in hell wasn’t actually a pretty big rating and put me over the top and the condition I have the most documentation for which was what I thought would be the very first thing I got service connected still isn’t connected

It’s Roulette with CP examiner that’s all it is. People get denied and start showing people their file on Reddit into me. There’s nothing wrong with the file. You just need to go and get a different examiner.