CaliBay

Hi Everyone, I am baffled at how the VA works. This is an excerpt of a Draft Decision my lawyer stated the DRO made on my appeal. Apparently, it is not finished yet because he or she needs to send it out to his supervisor for approval. This was back in December when I received this and an SOC was issued stating the same thing of an increase from 50% to 70%. My question is, when does the draft decision become final. I find it weird I have 60 days to appeal the SOC with a Form 9 when the decision has not been approved yet. Any insight on my situation and how long it takes for them to approve a draft decision from the DRO? Status on Ebennies states SOC issued. CaliBay JURISDICTION: Notice of Disagreement Received 03/15/2016 ASSOCIATED CLAIM(s): 170; DRO Notice of Disagreement; 03/15/2016 SUBJECT TO COMPENSATION (1.SC) 9434 MAJOR DEPRESSIVE DISORDER (CLAIMED AS PSYCHOLOGICAL PROBLEMS TO INCLUDE DEPRESSION, ANXIETY, FEAR, PANIC, AND POST TRAUMATIC STRESS DISORDER) (CLAIMED AS ANXIETY, STRESS, AND SLEEP DISTURBANCES) Service Connected, Gulf War, Incurred Static Disability 50% from 06/01/2011 70% from 08/28/2014 COMBINED EVALUATION FOR COMPENSATION : 50% from 06/01/2011 70% from 08/28/2014

Hello Had it Team, So about a week ago I finally saw a change in eBennies about my appeal after 30 months, stating they are in the SOC step and they are currently working on completing it. I send my lawyer a screenshot and he looked into my file. He said he was able to find a "draft" decision stating I will be getting an increase from 50% to 70% for PTSD. I had nine other ailments I was appealing to include IBS, migraines, tinnitus, etc. which appeared to just get denied again. The one I am not understanding is that my claim for Sleep Apnea states deferred. So here is my question. Will I be getting a Final SOC soon for PTSD and deferring sleep apnea? If this happens, what happens with the claim for Sleep apnea? What does the draft form mean? Is it possible they will make changes still? Thanks for your time CALIBay DEFERRED ISSUES - VETERAN SLEEP APNEA Deferred Original Date of Denial: 2015

Hello everyone, Just trying to get a larger opinion from the forum. I am currently at 50% for Major Depression, seeking 70%. I went to my examination in stained sweats, a faded shirt, flip flops, unshaven, and hair frizzy and not brushed. For some reason, I believe my C&P examiner was wishing I did not come so she could go to lunch early based on her reaction to my arrival and her BSing with the receptionist prior. Anyway, I feel angry after reading her assessment and would like to know what you all think. I think she checked the box for 30% which is a decrease but all the symptoms are 70% looking. It feels really bad she is trying to make me out to be a liar when she doesn't know how I really feel. I have been suicidal, I have made attempts, I have researched the best methods, made plans, etc. The closest I have come is purchasing roper, tying it in a noose, and testing out a bar at work to see if it could support me in hanging myself. But I have really been feeling like crap and feel I have to fight really hard to not let my thoughts become the truth. All things she did not ask. What do you think will happen based on the below exam results? I thank you for your time and responses. CaliBay Mental Disorders (other than PTSD and Eating Disorders) Disability Benefits Questionnaire Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination Request? [X] Yes [ ] No SECTION I: - - - - - - - - - - 1. Diagnosis - - - - - - - - - - - - a. Does the Veteran now have or has he/she ever been diagnosed with a mental disorder? [X] Yes [ ] No ICD code: F33.2 If the Veteran currently has one or more mental disorders that conform to DSM-5 criteria, provide all diagnoses: Mental Disorder Diagnosis #1: Major Depressive Disorder, severe, recurrent ICD code: F33.2 Mental Disorder Diagnosis #2: Generalized Anxiety Disorder, with panic attacks ICD code: F41.1 b. Medical diagnoses relevant to the understanding or management of the Mental Health Disorder (to include TBI): severe sleep apnea 2. Differentiation of symptoms - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a. Does the Veteran have more than one mental disorder diagnosed? [X] Yes [ ] No b. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis? [X] Yes [ ] No [ ] Not applicable (N/A) If yes, list which symptoms are attributable to each diagnosis and discuss whether there is any clinical association between these diagnoses Depression - depressed mood, not feeling pain, poor motivation, nightmares, few friends, feel worthless and helpless. Anxiety: doesn't like to leave his house, uncomfortable in crowds, some paranoia shakes c. Does the Veteran have a diagnosed traumatic brain injury (TBI)? [ ] Yes [X] No [ ] Not shown in records reviewed 3. 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 occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care, and conversation 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 [X] No [ ] No other mental disorder has been diagnosed If no, provide a reason that it is not possible to differentiate what portion of the indicated level of occupational and social impairment is attributable to each diagnosis: symptoms of GAD and MDD overlap and it is nearly impossible to differentiate between disorders. 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 - - - - - - - - - - - - - - - - - - Evidence reviewed (check all that apply): [X] VA e-folder (VBMS or Virtual VA) [X] CPRS 2. History - - - - - - - - - - a. Relevant Social/Marital/Family history (pre-military, military, and post-military): The veteran has been married for 25 years, and they have 4 children ages 17, 12, and 7. His father lives at their home, but he is self-sufficient and assists caring for the children. His spouse works at Kohls. b. Relevant Occupational and Educational history (pre-military, military, and post-military): He works for the Federal Government as Transportation Specialist at the GS-11 pay grade. He stated that his supervisor has made a verbal accommodation for his mental disabilities to let him come and go as he pleases including arriving late and leaving early for work for appointments. He states he does not know exactly what he does at work but feels like a government worker that is unqualified for his position and got lucky to obtain his current job. He states he answers email correspondence all day and surfs the Internet. He stated that his duties are not really defined and much of his job requires little effort mentally or physically. He creates spreadsheets in Excel and analyzes financial data for travel. He works from 8:00 am to 5:00 pm. He stated that he has used his all of his vacation and sick time because of his disability. He was out of work on FMLA for three months to receive mental health care and has returned in May 2017 with difficulty adjusting. c. Relevant Mental Health history, to include prescribed medications and family mental health (pre-military, military, and post-military): He stated that he was feeling better during for two months in a 12-month period. Since he returned to work, his depression has increased and has a frequent panic on a daily basis. He stated that he feels paranoid that someone is out to get him. He feels like he is worthless at work even though his managers have never told him his performance is poor. He does not recall periods of remission and stated that he only remembers all the bad things that have happened to him. He uses a CPAP machine but states he rips it off his face every night due to nightmares. He has always had nightmares of when his daughter passed away and escorting human remains off of military cargo planes. He estimates waking up every hour to check on his children to see if they are still alive. He self-admitted to a Mental Health Hospital for 3 months. He was suicidal and very depressed. He has not seen a Therapist but he has spoken to his Psychiatrist. Nightmares: never decreased, nightly or every other night. His nightmares are of the same theme. No exercise Medical records review: DBQ from private provider Statement from veteran Treatment records from Private Hospital Treatment records from Mental Hospital These records are consistent with a diagnosis of Major Depressive Disorder, and Generalized Anxiety Disorder. Many medications have been tried. He is at low risk of suicide at this point. Current Medication: Wellbutrin Abilify Prozac d. Relevant Legal and Behavioral history (pre-military, military, and post-military): None e. Relevant Substance abuse history (pre-military, military, and post-military): He drinks occasionally and states he is a “lightweight” in consuming alcoholic beverages. Sometimes he inhales CO2 from whip cream to get a temporary high. f. Other, if any: No response provided. 3. Symptoms - - - - - - - - - - - For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [X] Anxiety [X] Chronic sleep impairment [X] Flattened affect [X] Disturbances of motivation and mood [X] Suicidal ideation 4. Behavioral observations - - - - - - - - - - - - - - - - - - - - - - - - - - No response provided. 5. Other symptoms - - - - - - - - - - - - - - - - - Does the Veteran have any other symptoms attributable to mental disorders that are not listed above? [ ] Yes [X] No 6. Competency - - - - - - - - - - - - - Is the Veteran capable of managing his or her financial affairs? [X] Yes [ ] No 7. Remarks (including any testing results), if any: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This 45-year-old veteran still struggles with depression and anxiety. I cannot diagnose him with PTSD because it appears to be secondary to MDD. He has not sought therapy other than admitting himself to a Mental Health Facility. The veteran has been advised to get help for his symptoms and he has not complied. There doesn't appear to be any changes in his mental health status. The fact that this veteran continues to work without incident suggests that he may be functioning better than what he is showing. I recommend that this veteran receives intensive therapy and be re-evaluated after a year of consistent treatment.

Hello everyone, It has been a while but I finally received my C&P examination for mental health. Currently am 50% for Major Depression, seeking 70%. I went to my examination in stained sweats, faded shirt, flip flops, unshaven, and hair frizzy and not brushed. For some reason, I believe my C&P examiner was wishing I did not come so she could go to lunch early based on her reaction to my arrival and her BSing with the receptionist prior. Anyway, I feel angry after reading her assessment and would like to know what you all think. I think she checked the box for 30% which is a decrease but all the symptoms are 70% looking. It feels really bad she is trying to make me out to be a liar when she doesn't know how I really feel. I have been suicidal, I have made attempts, I have researched the best methods, made plans, etc. The closest I have come is purchasing roper, tying it in a noose, and testing out a bar at work to see if it could support me in hanging myself. But I have really been feeling like crap and feel I have to fight really hard to not let my thoughts become the truth. All things she did not ask. What do you think will happen based on the below exam results? I thank you for your time and responses. CaliBay Mental Disorders (other than PTSD and Eating Disorders) Disability Benefits Questionnaire Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination Request? [X] Yes [ ] No SECTION I: - - - - - - - - - - 1. Diagnosis - - - - - - - - - - - - a. Does the Veteran now have or has he/she ever been diagnosed with a mental disorder? [X] Yes [ ] No ICD code: F33.2 If the Veteran currently has one or more mental disorders that conform to DSM-5 criteria, provide all diagnoses: Mental Disorder Diagnosis #1: Major Depressive Disorder, severe, recurrent ICD code: F33.2 Mental Disorder Diagnosis #2: Generalized Anxiety Disorder, with panic attacks ICD code: F41.1 b. Medical diagnoses relevant to the understanding or management of the Mental Health Disorder (to include TBI): severe sleep apnea 2. Differentiation of symptoms - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a. Does the Veteran have more than one mental disorder diagnosed? [X] Yes [ ] No b. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis? [X] Yes [ ] No [ ] Not applicable (N/A) If yes, list which symptoms are attributable to each diagnosis and discuss whether there is any clinical association between these diagnoses Depression - depressed mood, not feeling pain, poor motivation, nightmares, few friends, feel worthless and helpless. Anxiety: doesn't like to leave his house, uncomfortable in crowds, some paranoia shakes c. Does the Veteran have a diagnosed traumatic brain injury (TBI)? [ ] Yes [X] No [ ] Not shown in records reviewed 3. 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 occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care, and conversation 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 [X] No [ ] No other mental disorder has been diagnosed If no, provide a reason that it is not possible to differentiate what portion of the indicated level of occupational and social impairment is attributable to each diagnosis: symptoms of GAD and MDD overlap and it is nearly impossible to differentiate between disorders. 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 - - - - - - - - - - - - - - - - - - Evidence reviewed (check all that apply): [X] VA e-folder (VBMS or Virtual VA) [X] CPRS 2. History - - - - - - - - - - a. Relevant Social/Marital/Family history (pre-military, military, and post-military): The veteran has been married for 25 years, and they have 4 children ages 17, 12, and 7. His father lives at their home, but he is self-sufficient and assists caring for the children. His spouse works at Kohls. b. Relevant Occupational and Educational history (pre-military, military, and post-military): He works for the Federal Government as Transportation Specialist at the GS-11 pay grade. He stated that his supervisor has made a verbal accommodation for his mental disabilities to let him come and go as he pleases including arriving late and leaving early for work for appointments. He states he does not know exactly what he does at work but feels like a government worker that is unqualified for his position and got lucky to obtain his current job. He states he answers email correspondence all day and surfs the Internet. He stated that his duties are not really defined and much of his job requires little effort mentally or physically. He creates spreadsheets in Excel and analyzes financial data for travel. He works from 8:00 am to 5:00 pm. He stated that he has used his all of his vacation and sick time because of his disability. He was out of work on FMLA for three months to receive mental health care and has returned in May 2017 with difficulty adjusting. c. Relevant Mental Health history, to include prescribed medications and family mental health (pre-military, military, and post-military): He stated that he was feeling better during for two months in a 12-month period. Since he returned to work, his depression has increased and has frequent panic on a daily basis. He stated that he feels paranoid that someone is out to get him. He feels like he is worthless at work even though his managers have never told him his performance is poor. He does not recall periods of remission and stated that he only remembers all the bad things that have happened to him. He uses a CPAP machine but states he rips it off his face every night due to nightmares. He has always had nightmares of when his daughter passed away and escorting human remains off of military cargo planes. He estimates waking up every hour to check on his children to see if they are still alive. He self-admitted to a Mental Health Hospital for 3 months. He was suicidal and very depressed. He has not seen a Therapist but he has spoken to his Psychiatrist. Nightmares: never decreased, nightly or every other night. His nightmares are of the same theme. No exercise Medical records review: DBQ from private provider Statement from veteran Treatment records from Private Hospital Treatment records from Mental Hospital These records are consistent with a diagnosis of Major Depressive Disorder, and Generalized Anxiety Disorder. Many medications have been tried. He is at low risk of suicide at this point. Current Medication: Wellbutrin Abilify Prozac d. Relevant Legal and Behavioral history (pre-military, military, and post-military): None e. Relevant Substance abuse history (pre-military, military, and post-military): He drinks occasionally and states he is a “light weight” in consuming alcoholic beverages. Sometimes he inhales CO2 from whip cream to get a temporary high. f. Other, if any: No response provided. 3. Symptoms - - - - - - - - - - - For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [X] Anxiety [X] Chronic sleep impairment [X] Flattened affect [X] Disturbances of motivation and mood [X] Suicidal ideation 4. Behavioral observations - - - - - - - - - - - - - - - - - - - - - - - - - - No response provided. 5. Other symptoms - - - - - - - - - - - - - - - - - Does the Veteran have any other symptoms attributable to mental disorders that are not listed above? [ ] Yes [X] No 6. Competency - - - - - - - - - - - - - Is the Veteran capable of managing his or her financial affairs? [X] Yes [ ] No 7. Remarks (including any testing results), if any: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This 45-year-old veteran still struggles with depression and anxiety. I cannot diagnose him with PTSD because it appears to be secondary to MDD. He has not seeked therapy other than admitting himself to a Mental Health Facility. The veteran has been advised to get help for his symptoms and he has not complied. There doesn't appear to be any changes in his mental health status. The fact that this veteran continues to work without incident suggests that he may be functioning better than what he is showing. I recommend that this veteran receives intensive therapy and be re-evaluated after a year of consistent treatment.

Check out this guy Greg Rada, Veteran turned lawyer. Takes a hefty fee of 30% of your back pay. Also, he only takes cases that he believes in since it is on contingency. If you signed any documents with your big legal team, I would think they would have made you sign something in the effect of if they did any work on your claim and you fire them they still get paid. http://afterservice.com

Hello jfrei, Have you tried applying for SSDI yet? I know they provide medical for the whole family. CaliBay

Hello HadIt Family, First a little background, in 2009 I used my Post 9/11 GI Bill to get my Bachelors. I was working full time at a job that I felt was increasing my depressive state and was constantly degraded. In 2012, I applied for VocRehab stating my current job was just making my depression worst and they made me take tests, talk with a Voc Rehab outside consultant and a counselor and they recommended I get a Masters in Accounting (my math scores were really high) because it would open the door to not work around so many people (severe agoraphobia). I got my Masters degree in 2015 and pretty much used up 48 months of chapter 33 and 31 educational benefits. After 5 months of getting my degree I had a follow up and they felt I was good to go since I was already working and I have a Masters. No help finding another job assistance or anything, it was a different counselor and she just thought I was working and was good to go so she closes my case. Fast Forward to the beginning of 2016, still working at the same place for a pretty good salary but my depression, Agoraphobia, and tyrant of a boss have become too much to bear that I leave work and go to a mental hospital. So I filed a claim in 2015 that was denied and an appeal for an increase in depression and for TDIU and am currently waiting on a DRO Appeal. My question is should I obtain the records from Voc Rehab for my appeal and will it help based on what I have said? Can I reapply for VocRehab even though I have already completed Voc Rehab? Any help or advice would be appreciated. CaliBay

Hello Flipper, I just want to say that there is normally a stigma for non-combat related issues getting disability for anything. Let me just shut that down and just give you the facts on that. Anything during your service (military are considered 24/7 workers) whether you were off work, if it is hazing from your peers (this happened to all FNGs including me), anything that caused a physical or mental illness or trauma can be claimed. I was a young airmen having to cut grass because a General was visiting and I accidentally chopped off one my toes with the lawnmower that cut through my boots. Though I never claimed this because we had a bad transition program and never knew about VA compensation.

Hello Allan, Fill out the form for TDIU and have your doctor fill out the DBQ for your back. I would submit the two forms and your VocRehab rejection letter for your claim. Any other evidence supporting your back increase and your TDIU will help. Before you do file for TDIU, make sure that is what you want because you basically will not be able to work unless it is sheltered employment or making under $11,400. If you file for an increase and your combined disabilities are 100%, you would still be able to work where there is no income limit. CaliBay vba-21-8940-are.pdf VBA-21-0960M-14-ARE.pdf

Hello Chomper, I too have actually had to offload human remains from aircraft. I actually have recurring nightmares of it. Thanks for your service loadmaster. What kind of plane did you work on a C-17? But onto my suggestion, I think based on what you witnessed would be considered as a depression claim or PTSD claim all by itself which is not secondary to the effects of asthma. The effects of what you witnessed is service connected, you just need to prove it from your medical records and through your shrink CaliBay

Hello Jfrei, Have you looked into other avenues for Health Care such as medicare/medicaid. If not I would definetely apply, normally it involves making under the federal poverty level. In California they have Medi-Cal and Managed Health Care (Obama Care). I applied and qualified for Medi-Cal which is government funded Health Care and I don't have to pay a deductible or any co-pays. All medicines are free too. I know some people are too proud to get government assistance but there are many government programs that assist any US citizen or legal immigrant. Everyone has to do what they have to do to survive especially if you have an illness that can endanger the lives of yourself or other people. I was getting WIC while I was in the military and I still get it because my income is below the extremely high cost of living in California. CaliBay

Thanks Broncovet for the insight, I think I will test the waters but I will talk to my union rep and see what they have to say, make sure my union dues ($100 a month) are put to use. I am worried about losing my job if I do indeed disclose too much. I do want the whole bakery, good analogy. I did not know that about the service dog costing so much. The office door or the telework is regarding my agoraphobia and my fear of harming other people or myself. Though I have never done either of the two, probably because someone always played referee to stop my actions but I am definitely fearful of it. There is a telework policy and nobody does it because they do not want to jump through the necessary hoops to get it like setting a room as a home office. There is a little more to the story too, my boss has kind of retaliated against me for a previous grievance, forbade me to go to medical appointments, yelled and screamed at me, and made me do demeaning work not within my scope of duties. You can probably say that this has even added to my mental problems in a completely different way.

Hello Had It Family, I have been working for the State Government in California since 2014, which at time of tire I did not disclose I was 50% disabled for Major Depressive Disorder. I would like to know if it is too late to apply for ADA Reasonable Accomodations when I return to work? Some things that I may suggest if this is doable is to getan office with a door that shuts, flexible work hours for medical appoints and therapy, and possibly work from home. I have even thought about requesting a service dog for emotional support. What do you all think about my reasonable accommodation requests and if it is appropriate because I did not disclose when I initially got hired. CaliBay

Hey 82nd Airborne, Thanks for your service brother. For your frequent death and violent thoughts, just a suggestion, check with your shrink possibly about Lithium or anything else to keep it at bay. i have been having violent homicidal and suicidal thoughts and it is hard when you have to fight so hard not to act on it and the pressure is there. Check with your doc bro, maybe there is something that can help you better and you shouldn't feel like a Zombie that is overmedicated. My suggestion, go to your safe place by the lake and go fishing. My safe place is at the Disney Store listening to positive music. Take care brother. CaliBay

Hello Flipper, Just be honest and let them know what happened. I have non combat related PTSD but I was seeing the on base Psychologist and given anti-depressants. I agree with Berta about the buddy statements from all types, officers, enlisted, sergeants, CO. You basically have to prove as much as possible that this happened during military service and how it has affected you as far as PTSD. CaliBay