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    • Hello HADIT Community, I have an Intent to file in for a while now and I am finally got all the evidence I have been waiting for. I would like your opinion on the following DBQ. My concerns are that the I had I GAF score of 53 and that this was filled out by a psychologist and not a psychiatrist. My psychiatrist did not want to fill out any VA forms but he did write me a letter stated in his opinion that I was unemployable and the reasons he thought that.
    • TY Berta,  Long reply I know and am sorry but hoping the detail will help. When they awarded the 70% ,did they send you a TDIU form or suggest that you apply for TDIU in that decision? If not, did they give you a reason , such as maybe you were employed at that time. I don't think so I would have to go back to the letter and see which I will. If they didn't it was never mentioned to me by anyone until I got the new SVO In 2016. I was not working I have not been able to work since 1997 but didn't know I could file with the VA. Do you receive SSDI and is that solely for the Major Depressive Disorder? If so was VA aware of that SSDI award? And if so, what was the date of the SSDI award and what was the SSDI EED? Were you ever turned down after applying for VA Voc Rehab, solely due to you SC disability? If so did VA know that as well? The answer to these is no. I learned about my ears and my rights from an older vet I happened across who saw me trying to clear my ears he told me what it was and explained it to me thus I went and filed a claim with the VA and got set up with the VA Hosp,didn't even know until then I could go to a VA Hosp.I had been unemployed since 1997. This was on 8/16/2016. I hired the DAV to help me after I filed and became homeless. That was in Jun of 2013.  I received the decision and retro pay Nov 1 2013. They gave me 70% Mental and none of the physical so I appealed and got busy pulling all my records to send them I got a place to Live in SC and changed SVO at that time. I had already filed my appeal on my own I did not know about TDIU so I didn't ask for it.   I have several medical conditions that I know are SC Stomach Issue Test show an Erosion Diagnose while I was in AF and told it was nervous stomach, Had 2 Endoscopes at VA hosp both show I still have the Erosion now on daily meds for it but they denied it as SC.  Hearing loss and tinnitus proved SC I thought Entrance exam showed good hearing AF exam 1 1/2 yrs after I joined states reason for exam being assigned to a noisy duty area stated no hearing protection issued, showed good hearing exit exam show hearing loss, they said I had not complained about it I thought the noisy in my ears was normal had it so long, and was told at discharge nothing could be done for my hearing. Lastly Damage to my right arm and shoulder, AF Medical files show the accident where a 175 part fell on me and pinned me backwards on a concrete floor in the 80s, I was told when I was discharged 2 years later that it would get better over time it hasn't it has gotten worse VA Hosp shows I tore the tendon in my shoulder so long ago that it would have to be replaced and I would lose more range of motion with the repair, they denied it as a SC. I filed my NOD within the one year mark on ebenifits it shows this, but I know it was in 2014 I have copies filed away if needed. Decision                 Status                        Description                          Received 03/31/2016            Appeal Complete        Your appeal is complete.   Date not available I moved to Fla in 2015 which put me with a new SVO He reviewed my case and asked me if he could file for IU for me I said sure and asked why the DAV in SC didn't do that.He filed to have that added to my existing appeal 11/10/2015. On Ebenifits it show like it was put in as a new claim while my appeal was still being processed. Submitted          Type                          Closed                 UpdatesActions 11/10/2015          Compensation          05/23/2016         Attention: Development Letter SentDevelopment Letter Sent ·                                                                                       Attention: Decision Notification SentDecision Notification Sent                                                                                                                                                            View Appeal Status I did receive a very thick package denying my claims again which I immediately filled out NOD and took to my SVO who said to wait for the NOD until we got and answer on the IU. I never had another C&P for my NOD, They did do another C&P with a non VA Doctor for the IU I was give 70% paid at 100% P&T TDIU. The retro pay was only back to Dec 1 2015?             
    • Thanks for the education! I aways grab my card if I have a dental antibiotic drugs at Walmart, but so far it hasn't done anything but waste my time, so I pay the Walmart $4/drug charge (and I hear VA drugs where I'm at are cheap substitutes with many side-effects.) I don't think any medical service would opt to work with the VA's paperwork, delays, and incompetence: but I don't know for a fact. But some health care providers I have heard will give you free services if you don't make them work with the VA, ha ha.
    • MyHealthVet lists your upcoming appointments under the "Get Care" tab. When you check into the clinic, if your clinic does electronic check in with your VA ID card it also lists all your appointments for the day or it says "No Appointments Scheduled".     
    • I have asked if this is CUE on here before, but I have since received my C-file and am able to upload my C&P exams. I was initially denied PTSD in 2009. I was awarded 50% in 2015. I have filed a NOD on the rating and effective date last month and made inquiries to a lawyer to handle my claim. The problem is it doesn't seem like CUE to me as I understand the definition. I was diagnosed with adjustment order in 2009 and then PTSD in 2015. The main reason I would like to try for an EED is the last paragraph of the 2015 C&P exam where the Dr. states: However, it should be pointed out that most of the symptoms the veteran described during today's MH examination, certainly those common to a PTSD diagnosis- she also described during her 7/8/09 Initial PTSD examination, in Oklahoma City Both C&P exams are attached. Any thoughts? 2009 C&P exam notes2.pdf 2015 - C&P exam Notes.pdf

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Raven

Alcoholism /abuse As A Secondary

9 posts in this topic

Anyone heard anything of alcoholism or alcohol abuse as a secondary to depression? If one had this diagnosis, can health problems caused by alcohol abuse also be secondary (IE liver, etc)?

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Alcohol abuse Secondary to PTSD- granted:

http://www.va.gov/vetapp05/files5/0529097.txt

This is a successful widow's DIC claim- alcoholism secondary to anxiety-yet the veteran had sigificant medical evidence of SC depression too--

http://www.va.gov/vetapp96/files1/9607996.txt

This statement from a denied BVA claim states what the VA looks for in any disability that may be secondary to SC alcoholism-

"Secondary Service Connection

Disabilities secondary to alcoholism are not covered by the

“willful misconduct” bar. Regulations state that “[o]rganic

diseases and disabilities which are a secondary result of the

chronic use of alcohol as a beverage, whether out of

compulsion or otherwise, will not be considered of willful

misconduct origin.” For claims submitted prior to November

1990, disabilities secondary to alcoholism were not covered

by the “willful misconduct” bar, and compensation was

available. Effective November 1990, however, 38 U.S.C.A.

§ 1131 was amended for the express purpose of “preclud[ing]

payment of compensation for certain secondary effects arising

from willful misconduct,” including “injuries or disease

incurred during service or the result of ...the abuse of

alcohol.” As amended, 38 U.S.C.A. § 1131 now provides that

“no compensation shall be paid if the disability is a result

of the [appellant’s] own willful misconduct or abuse of

alcohol or drugs.” As a result, 38 C.F.R. § 3.301(3)(d) was

promulgated to provide that an injury or disease incurred

during active duty shall not be deemed to have been incurred

in the line of duty if such injury or disease was a result of

the abuse of alcohol or drugs by the person on whose service

benefits are claimed.

As noted, the statutory amendment applies only to claims

filed after October 31, 1990. Here, however, the appellant

initially asserted claims of entitlement to service

connection for liver disease, psychiatric disability,

gastritis and peptic ulcer disease, all as secondary to

alcoholism, in his Substantive Appeal in support of his claim

of entitlement to service connection for alcoholism, which

was received by the RO&IC in July 1993. As there is no legal

entitlement to service connection on a secondary basis for

disabilities arising from the abuse of alcohol, the claims of

service connection for liver disease, psychiatric disability,

gastritis and peptic ulcer disease are without legal merit.

Sabonis.

In addition, the Board notes that in April 1996, the Board

received a private medical report that was not accompanied by

a waiver of consideration by the RO&IC. In a written

statement dated in that same month, the appellant’s

representative noted this report but did not waive initial

RO&IC consideration. Because alcohol dependence is deemed by

statute to be the result of willful misconduct and cannot

itself be service connected, and because the veteran’s claims

for service connection for disabilities as secondary to

alcoholism were filed subsequent to November 1990, these

claims lack legal merit. " (meaning this specific claim) from:

http://www.va.gov/vetapp96/files3/9626118.txt

Basically if medical evidence finds any disability from alcoholism is Secondary to another SC disability- then there is potential to service connect the disability from alcohol as secondary.

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Berta,

OK now how about this:

Since the BVA is stating,

"Therefore, based on the foregoing, the Board concludes that

the veteran's sexual dysfunction disorder is proximately due

to his service-connected PTSD. Thus service connection for

that disorder is warranted."

Does this open it up for us females to get granted this same benefit due to our PTSD ?

Sexual dysfunction is not limited to reproduction ??

carlie

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I confused

So if one drinks like a fish everyday because they have major depression, they can file a claim for SC alcohol abuse as a secondary, and if granted, they do not get compensation ( a 0% rating I guess).

And if they are granted SC for alcohol abuse as a secondary, and down the road they have health problems from drinking (liver problems from the abuse), they can also file a claim claiming SC liver problems from alcohol abuse, which was granted as a SC because they are depressed? Would that warrent a rating other that 0% for the liver problems?

I hope I did not confuse anyone, just trying to explain my question

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Berta,

OK now how about this:

Since the BVA is stating,

"Therefore, based on the foregoing, the Board concludes that

the veteran's sexual dysfunction disorder is proximately due

to his service-connected PTSD. Thus service connection for

that disorder is warranted."

Does this open it up for us females to get granted this same benefit due to our PTSD ?

Sexual dysfunction is not limited to reproduction ??

carlie

Berta: I'm not trying to say that women whould not be so qualified , I am just trying to put some input to why their may be difficulty in it for a women.

The BVA is not ruling on a physical problem with guys plumbing, its that his electrical circuite can not tell the valve to turn on for the delivery mechanism to become a functional device.

Another analogy, A fire truck arrive to a fire, the fire chief tells the fire truck pumper attendant to turn on the pumper, but de doesn't, because he doesn't, no water can get to the hose to charge the system for use.

If it is shown that the hose can be charged but their is still a delivery problem, I doubt the BVA would have ruled as it did.

I gues in a womens case, she would have to show that due to PTSD the delivery recepticle is broken and none usable in the present condition. If it was otherwise found serviceable, then they to might find it diffecult to be awarded.

Again, my analogy is not to be argumentative but for open discussion on the problems defending a claim of this nature.

Jim S. :P

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Jim,

This is only my opinion.

If sex ( because of PTSD ) can't begin in my brain -- taint never gonna happen

with my body.

If it doesn't work -- it doesn't work -- whether male or female.

Any women out there have an opinion on this ?

carlie

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