Jump to content
VA Disability Community via Hadit.com

 Ask Your VA Claims Question  

 Read Current Posts 

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

whoami?

Second Class Petty Officers
  • Posts

    64
  • Joined

  • Last visited

Everything posted by whoami?

  1. I think we may need more details, but 100% for PTSD alone should infer SMC consideration. Agoraphobia is a cherry on top. If they didn't consider SMC when making your 2012 decision you may have a CUE case.
  2. whoami?

    SMC (S) Overlooked

    Is there anyone here that is willing to guide me in filing a CUE claim?
  3. whoami?

    SMC (S) Overlooked

    I understand what you are saying. But I am just trying to make sure I have my ducks in a row to close this matter as it pertains to my claim. The VA has failed to even introduce HB which should be automatic for a veteran with my issues. I am seeking council from the people of this forum because I know you guys have been through basically everything the VA has to offer.
  4. whoami?

    SMC (S) Overlooked

    I believe that my current situation warrants a CUE because VA never addressed or mentioned SMC (S) as an option for me when clearly it should have been being that they rated me 100% P&T for PTSD.
  5. whoami?

    SMC (S) Overlooked

    This is what I used as my basis that I qualify for smc s ...from asknod Housebound, as defined by Congress, means your disabilities keep youfrom leaving the house to go to work. In order to work, most of us have to leave the house-ergo having to stay home because you can’t work is what makes you “substantially housebound”. That’s a far cry from what VA tries to imply. Make sure you understand the difference. To me, being 100% schedular with a ripsnorting good case of the schizzies and being seventy-ish is a pretty good recipe for housebound all in itself. Why VA didn’t see that in Mr. Howell will remain a mystery for the ages.
  6. whoami?

    SMC (S) Overlooked

    I have been wrestling with the idea of applying for SMC (S) because I am 100% P&T PTSD, SSDI, and I don't work. I sent an IRIS message like 1 a.m. this morning. I don't have a copy of the message I sent but based off of my research I told them that they overlooked SMC (S) back to my new 100% rating in 2014 based off the fact that I can't work because of my disability. This is the response I received hours later. I don't think they even understand what I ask for....What should I do.... Page 7 of my award packet only talks about if I disagree with their decision but they never mentioned SMC (S). Recently you requested assistance from VA. Below is our response. If you wish to reopen this issue, you may do so within the next 14 days. Thank you for allowing us to be of service to you. Response By Email (Department of Veterans Affairs) (02/01/2017 ) Dear Mr. XXX: This is in response to your inquiry to the Department of Veterans Affairs (VA) dated February 1, 2017. VA is grateful to all Veterans for the service and individual sacrifice they made to our nation. Unfortunately, our decision regarding your special monthly compensation is now file, as your time to appeal our decision expired on January 2, 2016, as stated within our January 2, 2015, Notification letter, page 7. The National Resource Directory (NRD), http://www.nrd.gov/misc/about_us, is a resource website that connects wounded warriors, Service Members, Veterans, their families, and caregivers to programs and services that support them. Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below. Sincerely yours, C. Boyd National IRIS Response Center Manager
  7. I have a 0% rating for a head injury and a 0% for erectile dysfunction. For SMC purposes does this equal 10%?
  8. Thanks for your help asknod.
  9. I will list the ratings and you guys let me know what you think. PTSD 100% P&T Radiculopathy left lower extremity 20% Left shoulder condition 10% Radiculopathy Right lower extremity 10% Rifght knee chondromalacia 10% Lumbosacral Strain 20% Chondromalacia left knee 10% Ed SMC K 0% Scalp 0%
  10. Thanks for your response Mr. Rogers? How do I tell the VA to CUE themselves? Can you explain to me why I would want a hearing regarding the CUE request. I don't know how to do a NOD either but I'm sure I can find that info on this site. Currently i have a VSO but for what it's worth its too much of a hassle trying to track him down. How can I relinquish him from his duties?
  11. I was recently granted 100% P&T. I have one rating thats 100% SC and I have a bunch of individual ratings that add up to 59 which should round up to 60. When VA decided my claim they didn't say anything about SMC but after doing some reading here I believe it should have been inferred last year when they decided my claim. Since it hasn't been a year should I ask for a reconsideration or file a NOD. How should I proceed?
  12. I would like to thank everyone here who directly or indirectly assisted me with my claim. Before I found this site I was lost...I just didn't understand the VA...well thats putting it mildly. After coming here I spent my countless sleepless nights doing research on these forums and arming myself for battle with the VA. I am very grateful for this site and the people here without you I'd still be going in circles with the VA. On the other hand thanks to you I was recently granted a very favorable decision. I would like to specially thank Navy04 for his help and guidance in both my VA claim and my SSDI claim he really helped me nail them both. I can't thank you guys enough for what you do every day. I don't know if I should piggyback on this post or start another one for some denied issues associated with this claim. I have chondromalachia in both knees rated at 10%. I also have radiculapathy in both legs rated at 20 and 10%. I had knee surgery last year and I was denied a rating for the cal/mcl knee surgery. Does anyone have any experience with this? How should I attack this situation. Also if anyone is wondering I am 100% P&T so I was thinking maybe I would just let sleeping dogs lie and just be content with what i have. But a part of me wants to fight for what I believe I deserve. I believe that I should have received a rating for my knee during and after the surgery. I had a very rude examiner for my knee and the entire time we bumped heads so he gave me a less than favorable write up for my knee. That was my fault but I felt like he was bullying me. That was a mistake on my part I just couldn't keep myself poised while under such baseless attacks from a stranger. At any rate what do you guys think I should do?
  13. If you are 100% P&T where do you sign up for the life insurance? I thought I saw it posted here but I cant seem to find it.
  14. Hey US Vet I printed a copy of the 100% award letter yesterday. Thanks a lot for you help and guidance during this trying time. I really mean that. You were a great attribute to me. Please keep helping veterans with their issues with the government.
  15. Prep For Notification as of this morning. I have been praying and thanking God.
  16. Thanks guys it also said something about Ch35 benefits does that mean P&T?
  17. I don't have my official bbe yet but I did receive the DAV letter yesterday and I laughed and I cried and I laughed and cried at the same time. I also yelled at some point. I am now unoficially 100% SC for PTSD. I have a bunch of other things deferred and headaches was the only one denied.
  18. I worded my last post incorrectly I have been sitting in preparation for decision then back to gathering evidence then back to preparation for decision then to pending decision approval a few days ago back to gathering evidence today any idea whats going on guys and gals?
  19. I just checked ebenefits and my claim has gone from pending decision approval back to gathering evidence a few weeks ago back to pending decision approval today. Hopefully everything works out in my favor. I haven't been able to work in almost a year and the credit cards are almost all maxed out and all my savings has been spent trying to hold us over.
  20. I received some correspondence from the VA asking for evidence to support my claim for loss of a creative organ. I wanted to know if I was going about this correctly. Below are diagnoses from my VA medical record and medications prescribed to me from the VA. am I on the correct path in what I am about to send to them as evidence? Problem: MAJOR DEP DISORDER, RECURRENT (ICD-9-CM 296.30) Date/Time Entered: 01 Jan 2010 Problem: History of male erectile disorder (ICD-9-CM V11.8) Date/Time Entered: 01 Jan 2010 Problem: Priapism (ICD-9-CM 607.3) Date/Time Entered: 01 Jan 2010 Posttraumatic stress disorder (ICD-9-CM 309.81) Date/Time Entered: 01 Jan 2010 VENLAFAXINE HCL 75MG SA CAP SILDENAFIL CITRATE 100MG TAB "Special monthly compensation may be paid for loss of use of a creative organ, as a result of service-connected disability. 38 U.S.C.A. § 1114(k); 38 C.F.R. § 3.350(a). Although the term "creative organ" is not defined in the law or regulations, the Office of General Counsel has held that a "creative organ," as used in 38 U.S.C.A. § 1114(k), refers to a procreative, or reproductive, organ. VAOPGCPREC 2-00. In addition, where a veteran has loss of erectile power from service-connected causes, he is also entitled to special monthly compensation for loss of use of a creative organ. VA Adjudication Procedure Manual, M21-1, Part VI, 11.25 (Change 85, April 4, 2002); see 38 C.F.R. § 4.115b, Code 7522. Therefore, although not specifically identified as a "creative organ" in 38 U.S.C.A. § 1114(k) or 38 C.F.R. § 3.350, other legal authority clearly establishes that the penis is a creative organ, for purposes of entitlement to special monthly compensation."
  21. Me, Hello. I haven't received my increase yet. They still have my claim in the gathering evidence stage. They have all the information but for some reason it isn't moving at all. I hope they rate my issues justly so I can focus on getting help with the issues I have. But I know this is going to be a fight. Good luck with your claim.
  22. Hello John, I find it increasingly frustrating that I can't contact my VSO, I really want to revoke the POA but I guess I will wait until this claim is processed. If I want to have information added to my file at the VA where do I go to turn in that information?
  23. No I wasn't fully aware of that. To apply for TDIU what should I do?
  24. Thanks for your quick reply NavyWife. I saw in one part she put the 50% rating but in another she put The PTSD symptoms described above cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. Yes my SSDI is for PTSD. I submitted a copy to my VSO. I will e-mail him to make sure he submitted it.
  25. Hello everyone my PTSD C&P has been posted. I think that the examiner recommended 70% but I believe I meet the 100% rate. Please let me know what you guys think. SECTION I: ---------- 1. Diagnostic Summary --------------------- Does the Veteran now have or has he/she ever been diagnosed with PTSD? [X] Yes[ ] No 2. Current Diagnoses -------------------- a. Mental Disorder Diagnosis #1: PTSD b. Medical diagnoses relevant to the understanding or management of the Mental Health Disorder (to include TBI): Joint Pain, Headaches 3. Differentiation of symptoms ------------------------------ a. Does the Veteran have more than one mental disorder diagnosed? [ ] Yes[X] No b. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis? No response provided. c. Does the Veteran have a diagnosed traumatic brain injury (TBI)? [ ] Yes[ ] No[X] Not shown in records reviewed 4. Occupational and social impairment ------------------------------------- a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [X] Occupational and social impairment with reduced reliability and productivity b. For the indicated level of occupational and social impairment, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by each mental disorder? [ ] Yes[ ] No[X] No other mental disorder has been diagnosed c. If a diagnosis of TBI exists, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by the TBI? [ ] Yes[ ] No[X] No diagnosis of TBI SECTION II: ----------- Clinical Findings: ------------------ 1. Evidence review ------------------ In order to provide an accurate medical opinion, the Veteran's claims folder must be reviewed. a. Medical record review: ------------------------- Was the Veteran's VA e-folder (VBMS or Virtual VA) reviewed? [X] Yes[ ] No Was the Veteran's VA claims file reviewed? [X] Yes[ ] No If yes, list any records that were reviewed but were not included in the Veteran's VA claims file: cprs If no, check all records reviewed: [ ] Military service treatment records [ ] Military service personnel records [ ] Military enlistment examination [ ] Military separation examination [ ] Military post-deployment questionnaire [ ] Department of Defense Form 214 Separation Documents [ ] Veterans Health Administration medical records (VA treatment records) [ ] Civilian medical records [ ] Interviews with collateral witnesses (family and others who have known the Veteran before and after military service) [ ] No records were reviewed [ ] Other: b. Was pertinent information from collateral sources reviewed? [ ] Yes[X] No If yes, describe: 2. Recent History (since prior exam) ------------------------------------ a. Relevant Social/Marital/Family history: Lives in xxxxxxxxxxxxxxxxxxxxxxxxxxx with his wife of xxxxxxxxxx years, his brother, and a xxxxxxxxxxxxx year old son. Spends his time sitting on the couch, will watch cartoons, use the computer. Wife is active duty. b. Relevant Occupational and Educational history: Last worked 2014 in xxxxxxxxxxxxxxxxxxxxx, but could not continue due to psychiatric sxs. by his report. Was in school at xxxxxxxxxxxxxxxxxx University, but could not concentrate. c. Relevant Mental Health history, to include prescribed medications and family mental health: Is followed at xxxxxxxxxxxxxxx with counseling and current meds. are Klonopin, Zoloft,and Seroquel. d. Relevant Legal and Behavioral history: denies e. Relevant Substance abuse history: denies f. Other, if any: No response provided. 3. PTSD Diagnostic Criteria --------------------------- Please check criteria used for establishing the current PTSD diagnosis. The diagnostic criteria for PTSD, are from the Diagnostic and Statistical Manual of Mental Disorders, 5th edition (DSM-5). The stressful event can be due to combat, personal trauma, other life threatening situations (non-combat related stressors.) Do NOT mark symptoms below that are clearly not attributable to the criteria A stressor/PTSD. Instead, overlapping symptoms clearly attributable to other things should be noted under #5 - "Other symptoms". Criterion A: Exposure to actual or threatened a) death, b) serious injury, c) sexual violation, in on or more of the following ways: [X] Directly experiencing the tramuatic event(s) [X] Witnessing, in person, the traumatic event(s) as they occurred to others Criterion B: Presence of (one or more) of the following intrusion symptoms associated with the traumatic event(s), beginning after the traumatic event(s) occurred: [X] Recurrent, involuntary, and intrusive distressing memories of the traumatic event(s). [X] Recurrent distressing dreams in which the content and/or affect of the dream are related to the traumatic event(s). Criterion C: Persistent avoidance of stimuli associated with the traumatic event(s), beginning after the traumatic events(s) occurred, as evidenced by one or both of the following: [X] Avoidance of or efforts to avoid external reminders (people, places, conversations, activities, objects, situations) that arouse distressing memories, thoughts, or feelings about or closely associated with the traumatic event(s). Criterion D: Negative alterations in cognitions and mood associated with the traumatic event(s), beginning or worsening after the traumatic event(s) occurred, as evidenced by two (or more) of the following: [X] Persistent negative emotional state (e.g., fear, horror, anger, guilt, or shame). [X] Markedly diminished interest or participation in significant activities. [X] Feelings of detachment or estrangement from others. Criterion E: Marked alterations in arousal and reactivity associated with the traumatic event(s), beginning or worsening after the traumatic e vent(s) occurred, as evidenced by two (or more) of the following: [X] Irritable behavior and angry outbursts (with little or no provocation) typically expressed as verbal or physical aggression toward people or objects. [X] Hypervigilance. [X] Problems with concentration. [X] Sleep disturbance (e.g., difficulty falling or staying asleep or restless sleep). Criterion F: [X] The duration of the symptoms described above in Criteria B, C, and D are more than 1 month. Criterion G: [X] The PTSD symptoms described above cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. Criterion H: [X] The disturbance is not attributable to the physiological effects of a substance (e.g., medication, alcohol) or another medical condition. 4. Symptoms ----------- For VA rating purposes, check all symptoms that apply to the Veterans diagnoses: [X] Depressed mood [X] Anxiety [X] Suspiciousness [X] Chronic sleep impairment [X] Mild memory loss, such as forgetting names, directions or recent events [X] Difficulty in adapting to stressful circumstances, including work or a worklike setting [X] Persistent delusions or hallucinations 5. Behavioral Observations: --------------------------- states he hears voices that say "why" or talk in Arabic, so he doesn't understand, was polite, denies SI/HI 6. Other symptoms ----------------- Does the Veteran have any other symptoms attributable to PTSD (and other mental disorders) that are not listed above? [ ] Yes[X] No 7. Competency ------------- Is the Veteran capable of managing his or her financial affairs? [X] Yes[ ] No 8. Remarks, (including any testing results) if any: --------------------------------------------------- No remarks provided.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use