Shark

Well, to follow up. After long talks with my VSO who is in the RO and their talk with a rater, here is what I have done. I sent in a NOD with the RENO VARO on the PN issue as well as asking that my PTSD be evaluated using the PTSD C&P of 9/15/2009 along with a letter my VA PTSD Psychologist wrote stating that I should be rated between 70 - 100% using the VA guidelines. The C&P Psychiatrist stated that I was unemployable and my PTSD symptoms continue with a poor prognosis. I was advised that the VARO considers a request for reconsideration the same as a NOD. Tomorrow I am going into the Los Angeles VARO (my file was sent to them yesterday) and speak with a counselor there to see if we can make heads or tails out of all of this. I filed my NOD in October of 2008 and really thought this would have been decided when I heard it was with the DRO in Reno in April. Now it looks like the Reno DRO doesn't want to deal with the TDIU issue and has sent it on to Los Angeles. Thanks again Brothers for all of your assistance on this long journey! Ric

Boy, now it is really screwed up! I did as you suggested and called my VSO in Reno, Nevada (I lived in Las Vegas when I filed the claim and NOD, and just moved to Los Angeles in April of this year), she informed me that my file was sent today to the VARO in Los Angeles! When I notified them of my change in address I requested that my claim and appeal remain with the VARO in Reno...no sense changing VARO's in the middle of an appeal! She also told me that the only thing I could do is file a NOD on the peripheral neuropathy issue, and that I needed to file it with the Los Angeles VARO. The only good thing is that the Los Angeles VARO is only a 30 minute drive for me, versus the Reno VARO which was a 10 hour drive from Las Vegas. I think what I will do is file the NOD with Reno as that is the address used on the decision letter and it says to respond to that office, then next week I will drive down to the Los Angeles VARO and talk to one of their counselors. What a mess!

A little background...I was rated 80% SC in July of 2008 (50% PTSD, 10% x 4 for PN, 20% for DM2). I filed for TDIU and was denied in September, 2008 and filed a NOD in October of 2008. In July of 2009 I filed a new claim for GERD and HTN. In August of 2009 I get a letter from the VARO stating that a request for IU is considered a request for an increase in all of my SC conditions. I was scheduled for a PTSD C&P, and a medical C&P for all of my current SC conditions as well as the GERD and HTN in September of 2009. The PTSD C&P stated that my PTSD was continued and that I was unemployable. The medical C&P service connected the GERD and made the HTN secondary to DM2. The medical C&P also stated that the PN in both lower extremities and the left upper extremity were now moderate. Last week I received a decision letter that gave me 10% for GERD, 0% for HTN, and 0% for diabetic neuropathy. They stated "An examination will be scheduled at a future date to evaluate the severity of your service connected post traumatic stress disorder with depression." They also continued the 10% rating for PN on all 4 extremities. My major problem is with the PN. They wrote in the decision that my PN was mild and warranted only 10 percent. They said it needed to be moderate to warrant 20%. The most recent C&P (9/2009) stated that my PN was moderate in the lower extremities and left upper. It appears that the DRO missed that. What should I do to correct this...can I file a CUE? Any help is appreciated! Ric

I just received an IRIS response to my request to find out the status of my appeal and new claim, here it is: Response (Department of Veterans Affairs) 11/09/2009 12:20 PM Dear Mr. xxxxxxx: This is in response to your inquiry dated November 6, 2009, regarding the status of your appeal and your claim for increase. Mr. xxxxxxxxx, we thank you for your service to our country and the sacrifices you have made for our freedom. Our records indicate that we received your Notice of Disagreement on October 28, 2008, for your appeal seeking entitlement to Individual Unemployability (IU). You originally selected a Decision Review Officer to make a decision on your appeal but switched to the Traditional Process appeal on December 11, 2008. We show that your file has been sent for an examination for your appeal. You will be notified by U.S. mail of the date, time, and location of the examination. The appeals process can be a very lengthy and time consuming process. Appeals are worked in the order in which they are received. We suggest that you stay in touch with your Power of Attorney, Disabled American Veterans. They are very knowledgeable and helpful with the appeals process. We show that your claim for increase was opened on July 9, 2009, for hypertension secondary to Diabetes Mellitus Type II with foot ulcers and Gastroesphageal Reflux Disease. It is currently being reviewed to make sure all of the necessary development is completed. Once that is done, your claim will be forwarded to the rating team where a rating specialist will review all of the evidence and make a decision. From there, your claim will go to the post-determination team where they will make sure everything is in order before sending you a letter by U.S. mail, notifying you whether benefits were granted or denied. We appreciate your patience during these processing procedures. Be assured that we are working as quickly as possible to make a fair determination on your appeal and your claim for increase. 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, E.J. Kruse National IRIS Response Center Manager Now the strange part...I asked to be changed back to the DRO process in January of this year. In July I submitted a new claim for hypertension and GERD. In August I received a letter from the DRO that the application for IU was considered a request for an increase in all disabilities. C&P's were scheduled for September. The PTSD follow-up exam stated for an increase and unemployability. The Psychiatrist stated: "Claimant is unemployable due especially to irritability and poor concentration." She then went into her rationale for that statement. She also provided evidence that should have me at the 70-100% rating for PTSD. Then I also had a medical C&P in September where the doc stated that "at least as likely as not" that I was service connected for hypertension and GERD. Now I get the second part where they are in development of the new claim, but why would they want to do another examination for the PTSD? Could it be that they did not like the results of the first exam and are going out for another opinion? I know...I should be out fishing and not worrying about this!

Thanks Carlie!

Not sure what happened, but when I look at a forum thread the posts used to go oldest first, and now they go newest first. Is there a way to change this?

Axis I Post Traumatic Stress Disorder Depressive Disorder NOS Alcohol abuse and dependence Not sure what the NOS means after Depressive disorder. I am currently 50% for PTSD, 20% for DM2 and 4x10% for PN for a total of 80%

SSDI is for DM2 and PTSD. C&P psych on Axis V stated GAF due to PTSD at level 34, GAF due to depression at level 50, and GAF due to alcohol at level 60. Regarding unemployability she said: Claimant is unemployable due especially to irritability and poor concentration. When around others, he becomes overly angry, and even aggressive, over minor incidents and problems. He has been unable to maintain employment for long due to irritability. He now also has problems with concentration, so that it is difficult for him to learn new material on a job. The difficulty is such that he will be slow at any job that he does, and will make mistakes because he can't remember what is now required of him. It was a six page write up, and she stated that my PTSD symptoms continue. I also have a letter sent into the VARO by my VA psychologist where he states that I am grossly under rated at 50% and should be either 70 or 100%, and that I am unemployable. BUT...who knows what the VARO will do...it is at the DRO right now, so I hope to hear something soon. As a footnote, I just fired my attorney as he has done absolutely nothing. Everything that has been done on my case has been done by me, with the aid of you able folks here on hadit.com. For you newbies, ask any question that you have in your mind and surf around these pages for nuggets of information!

Yes, I have received SSDI since 12/2007. The psychiatrist basically said that I was to ornery to work! I belong to an outlaw motorcycle club, have been terminated from many of my jobs for agruing and fighting with my superiors. She also mentioned that my ability to concentrate had diminished and it would be unrealistic to expect me to learn a new profession. I don't have an answer on the EED, my lawyer said the VARO's will usually just give the date the application for TDIU was filed, then we have to NOD for the EED. Maybe I will get lucky though as I went into detail in the NOD as to why I felt the date I filed my claim for PTSD should be the effective date.

Background...I was 50% service connected for DM2 and PN. In July of 2007 I filed for PTSD. In july of 2008 I was given 50% for PTSD, bringing total to 80%. I applied for TDIU in July of 2008 and asked for an EED of July, 2007 as TDIU should have been inferred. In October of 2008 I received a denial and then I filed a NOD. Fast forward to June of 2009, I filed a claim for HTN and GERD. In late August I get a letter from VARO that in requesting TDIU, all service connected disabilities need to be reviewed. In early September I have a psych C&P for PTSD, and a medical C&P for my SC disabilities, PLUS HTN and GERD! The Psychiatrist for the PTSD C&P says: "Claimant is unemployable due to irritability and poor concentration." There was a lot of other stuff, but that was the concluding sentence. The medical C&P doc says: "It is more likely than not that his HTN is caused by DM2, a service connected condition. It is also more likely than not that his GERD is service connected due to many references in his SMR of heartburn and other related issues while in the service." He also reinforced all of my current medical disabilities. So...now I wait and see. I think TDIU is a strong maybe, and perhaps 100% P&T has a slight chance! Thanks to everyone on here who availed me of their knowledge and motivated me to keep fighting! Cheers, Ric

As far as I am aware, you can only get no cost prescriptions for your rated service connected conditions or if you are rated over 50% then all prescriptions are free. I do not believe that the VA has a hardship program for drugs, but many drug manufacturers do have programs where they will give free drugs to financially strapped individuals. You just need to figure out the brand manufacturer of the drug and then go to their website. The current co-pay at the VA is $8.00 for a 30 day supply. If the VA does have a program I am sure someone will come along and mention it! Good luck, Ric

I am actually claiming it as secondary to DM2. I just had the C&P exam and I gave the examiner a peer reviewed article linking OSA with DM2. Now like you guys I am waiting to see if it will work!

Thank you Brother Hiram!

I was going to post this in the "How Do I" section, but it doesn't look like anyone looks at that. My problem is that all of a sudden the forum messages reversed from the newest at the bottom to the newest at the top. I want to change it back but cannot find anywhere on how to do this. Anyone know how? Thanks, Ric

Hmmm...have you thought about going through vocrehab to get them to pay for your offfice stuff? Kind of an independent living thing!