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    • PTSD Denied NSC - Schizophrenia NSC
      to add... These 2 conditions of PTSD and Schizophrenia can overlap as these cases show. The medical term is called comorbid conditions. Mark gave excellent advise…….schizophrenia is a psychosis that falls under the Chronic presumptives, if there is evidence at least of 10% upon discharge. But it all depends on getting all of his records and then obtaining an IMO/IME   “FINDINGS OF FACT   1.  In 1980, VA amended its regulations to include PTSD.   2.  The first communication from the Veteran claiming entitlement to service connection for PTSD is dated April 13, 1995.    3.  The evidence shows the Veteran has had overlapping symptoms of PTSD and schizophrenia since service.      CONCLUSION OF LAW   The criteria for an effective date of April 13, 1994, for a grant of service connection for PTSD, have been met.  38 U.S.C.A. §§ 5101(a), 5110 (West 2002 & Supp. 2011); 38 C.F.R. §§ 3.1, 3.151, 3.155, 3.400 (2011). “   http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files1/1201318.txt   “The RO received the veteran's new claim for service connection for PTSD on October 5, 1992.  As indicated above, this claim served as the basis for the RO's April 1992 rating action that granted service connection for PTSD, and subsequent, October 2002 rating action that also granted service connection for schizophrenia, and assigned an effective date of October 5, 1992, for the grant of service connection for PTSD with schizophrenia."   http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp04/Files3/0423610.txt”    
    • VA CUE Request
      You may need to appeal just on the vertigo issue alone. (It wont hurt to appeal other issues also.)  How bad is your TBI??  
    • PTSD Denied NSC - Schizophrenia NSC
      I sure agree with Dr Mark here:  "It sounds like they are not disputing that fact, but are instead saying that he is not displaying PTSD symptoms (or not many) currently." When I was a vet center volunteer, I observed many vets who were reluctant to detail their stressors and their symptoms for the VA. And I know at least 3 GSW vets who do not consider their GSWs as  a stressor. (Because they had so many more stressors they felt were worse than that)  It is quite possible that he is holding back on talking about Vietnam.I know plenty of vets who have hidden their symptoms when they could. He might have even served with my husband 65-66 out of Danang AB, which he described as a year in Hell on earth. There are multiple indications of PTSD in observed behaviors and the schizophrenia could be even masking them. What surprised me when I worked at a vet center is how many vets there, already compensated for PTSD, would tell me things they would never tell the VA. It often takes someone to draw these veterans out. One vet told me something horrific that could easily have been verified by VA. But he was already getting his proper VA PTSD comp. I told him I felt he should bring it up with his VA shrink because he suffered from it with flashbacks and nightmares. Sharing and Getting things out in the open makes it so much easier to deal with it.But he said he could never tell his VA shrink about this horrible event because she was a woman.I reminded him, I am a woman and he had just told it all to me. PTSD has some unique symptoms. Did the VA give him the Combat related MMPI?          
    • VA CUE Request
      Well, they are proposing a reduction from 80 to 70, they say, because they made an error and paid you twice for vertigo.   I agree their explanation does not make sense.  Vertigo can be a symptom of ear problems, or of TBI.   How frequently do you have vertigo?? Here is 38 CFR 4.87, in reference to Vertigo: 6205Meniere's syndrome (endolymphatic hydrops):   Hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly, with or without tinnitus 100 Hearing impairment with attacks of vertigo and cerebellar gait occurring from one to four times a month, with or without tinnitus 60 Hearing impairment with vertigo less than once a month, with or without tinnitus 30 Note: Evaluate Meniere's syndrome either under these criteria or by separately evaluating vertigo (as a peripheral vestibular disorder), hearing impairment, and tinnitus, whichever method results in a higher overall evaluation. But do not combine an evaluation for hearing impairment, tinnitus, or vertigo with an evaluation under diagnostic code 6205.
    • VA CUE Request
      Unfortunately the VA is correct from what I see here. But the hearing loss problems could relate to the  vertigo etiology as well. Yet that would take an Audiology IME. Then again the HL and tinnitus could help you maintain the 70%, maybe even more %. Are you employed? If not You should file for TDIU. This is unfortunate. VA makes errors all the time.
    • IME and Physician conflict of interest
      A little proactive research in case this doctor doesn't pan out. Has anybody heard of Garth S. Russell, MD in Columbia, Mo? Either working for the VA as an IME or providing them for vets?    Where he has his practice happens to be near the VA hospital in Columbia, Mo (shouldn't matter I know).
    • Feeling Hopeless - this can't be right.
      More info please. What evidence  and when did you supply it to the VA, regarding your SA Claim? Do you have copies of your SMRs indicating treatment for sleep issues? When did you get your official SA DX? Was your SA part of your original 2013 claim? Are you on Appeal now? We're all in a hurry, just human nature, VA is not in a Hurry for anything. Some discussion regarding a NOD for a DRO Review, why not a DRO Hearing? You absolutely have to provide the VA with New & Material Medical Evidence, that was not available for the original Rater's review. Without it, your sunk. How about posting redacted copies of your claims and Denials. Easier to get a grip on your situation. Have your filed a FOIA requesting your complete C-File? Will probably take a year to get, so get hot on it. Burn a day at your RO, request to view your C-File as a walk-in.  It's the only way to verify what Evidence  is already in the VA's possession. Semper Fi
    • VA CUE Request
      I submitted new claims back in March 2016 and received partial decision for 30% increase for post traumatic vertigo as secondary to my 40% TBI. I was waiting on my ear and tinnitus claim to be completed and as those two claims closed out I received a notice to retract my previous partial rating of 30% increase for post traumatic vertigo. I'm little lost of what I should do and seeking advice from you all. Whether the evaluation assigned for post traumatic vertigo was clearly and unmistakably erroneous. Clear and unmistakable errors are errors that are debatable, so that it can be said that reasonable minds could only conclude that the previous decision was fatally flawed at the time it was made. a determination that there was a clear and unmistakable error must be based on the record and the law that existed at the time of the prior decision. once a determination is made that there was  a clear and unmistakable error in a prior decision that would change the outcome, then  that decision must be revised to conform to what the decision should have been. In this case, the disability evaluation is reduced because the previous decision was a clear and unmistakable error. The rating decision of April, 2016, contains clear and unmistakable error in the establishment of a separate 30 percent evaluation for post-traumatic vertigo. The decision in question established a separate evaluation using a symptom of traumatic brain injury (TBI) already evaluated under the faucets of TBI evaluation, as vertigo is a subjective symptom that is already considered in the faucet of the TBI criteria. The evaluation of the same disability under various diagnoses is impermissible under the laws governing service-connected compensation benefits (38 CFR 4.14). Evaluations concerning residuals of TBI require that a VA decision-maker evaluated each condition separately, as long as the same signs and symptoms are not used to support more than once evaluation, and combine the evaluations for each separately rated condition. remaining residuals that cannot be attributed to distinct diagnosed conditions as result of TBI are considered under the aforementioned facets and single evaluation is assigned (38 CFR 4.124a). As the etiology of your vertigo was noted to be symptomatic residual symptom of traumatic brain injury rather than an etiologically distinct diagnosis, there is no basis upon which to establish a separate disability evaluation for this condition. As such, the current evaluation is proposed to be discontinued effective Mary 2016, the date it was erroneously established; upon final discontinuance, this condition will be evaluated as a symptom of TIB and combined accordingly. Your overall evaluation is proposed to reduced from 80 percent to 70 percent as a result of this discontinuance. Please note, as this reduction is the result of VA error, no overpayment will be created as a result of discontinuance.  
    • Appeal Complete
      Thank you for the reply!  My retro pay amount is definitely going to be more than $25,000.  We figured it up, and it is going to be a little more than $30,000.

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Jason Kahl

Gulf War Ischemic Heart Disease

8 posts in this topic

I am 41 and just had a heart attack 2 days before the VA could get a angio gram done. Anyway I am TOO DAMN YOUNG for a heart attack. The doctors said it was a "Widow Maker, I just so happen to live very close to a heart specialty hospital.

Is Ischemic Heart Disease presumptive for Gulf war Veterans?

Current Rating:

100% Complete and Total with SMC under 1151

50% (Private)

10% Scars

10% Hearing

Most people would stop here and call it good..my problem is my family does not get chap 35 DEA benefits. If I can get my afib and heart problems service connected I can claim IUE on my regular %'s then my family could be covered.

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You should get your doctor to say you are P&T. Then ask to be made P&T. You just send in a Statement in Support of Claim. IHD is not presumptive for Gulf War. It is presumptive for Vietnam vets. How long have you been 100%? If it is more than a year I would send in a claim for P&T.

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IHD is only a presumptive for the following:

People exposed to agent orange. Proven exposure means boots on the ground in an area where agent orange was used.

This includes:

The inland rivers of Viet Nam or brown water.

Gulf war vets are not considered for IHD unless you had it in service or during the first post service year.

Note that it can be claimed secondary to other issues like Hypertension and Diabetes.

Also amputees can claim it.

J

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I am 41 and just had a heart attack 2 days before the VA could get a angio gram done. Anyway I am TOO DAMN YOUNG for a heart attack. The doctors said it was a "Widow Maker, I just so happen to live very close to a heart specialty hospital.

Is Ischemic Heart Disease presumptive for Gulf war Veterans?

Current Rating:

100% Complete and Total with SMC under 1151

50% (Private)

10% Scars

10% Hearing

Most people would stop here and call it good..my problem is my family does not get chap 35 DEA benefits. If I can get my afib and heart problems service connected I can claim IUE on my regular %'s then my family could be covered.

As was pointed out earlier, IHD is presumptive to exposure to "Agent Orange" defoliant. By any chance were you exposed, or did you ever handle any of that nasty stuff?

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.'my problem is my family does not get chap 35 DEA benefits.' They probably don't get CHAMPVA either.

"100% Complete and Total with SMC under 1151"

I am a Section 1151er but because my husband had 100% SC P & T in his lifetime independent of the 1151 wrongful death and (200% plus under 1151 )_I get CHap 35 DEA and CHAMPVA.

"50% (Private)"

I assume there is no potential for you to get a major increase to 100% for any of the SCs you have now?

1151 does not award many ancillary benefits.

I proved last year that my husband's 1151 death was also directly service connected.It extended my CHAP 35 award.

Whatever this 50 % SC award is for- is it possible they should rate you higher for it? If it could get to 100% SC P & T then they would owe the DEA and CHAMPVA.

Sec 1151 regulations really get me-

the VA will pay 1151 comp when they bugger a vet with piss poor medical care or kill them but they will NOT extend ancillary benefits such as DEA or CHAMPVA on that basis alone.(1151)

The CHAMPVA people told me years ago that it was heartbreaking for them to have to tell a Sec 1151 dependent or survivor of the vet that the 1151 alone did not warrant them CHAMPVA eligibility.

Sometime in the future I will be asking support for correction of this unfair aspect of 1151 as maybe I col;d get some sponsors on the HVAC to consider an amendment.

Also the Nehmer regulations do not account for 1151 and AO conditions.As far as I know and also NVLSP agrees I am only 1151er so far who ever got award for direct SC death under Nehmer that was in fact a FTCA and 1151 death in the past.

Your path to DEA is possibly for higher rating of the 50% SC to 100% P & T.

Edited by Berta

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I found this, at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+38USC1117 notice cardio is one of the presumptive am I reading this wrong?on active duty in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War. (g) For purposes of this section, signs or symptoms that may be a manifestation of an undiagnosed illness or a chronic multisymptom illness include the following: (1) Fatigue. (2) Unexplained rashes or other dermatological signs or symptoms. (3) Headache. (4) Muscle pain. (5) Joint pain. (6) Neurological signs and symptoms. (7) Neuropsychological signs or symptoms. (8) Signs or symptoms involving the upper or lower respiratory system. (9) Sleep disturbances. (10) Gastrointestinal signs or symptoms. (11) Cardiovascular signs or symptoms. (12) Abnormal weight loss. (13) Menstrual disorders.

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I found this, at http://frwebgate.acc...Cite:+38USC1117 notice cardio is one of the presumptive am I reading this wrong?on active duty in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War. (g) For purposes of this section, signs or symptoms that may be a manifestation of an undiagnosed illness or a chronic multisymptom illness include the following: (1) Fatigue. (2) Unexplained rashes or other dermatological signs or symptoms. (3) Headache. (4) Muscle pain. (5) Joint pain. (6) Neurological signs and symptoms. (7) Neuropsychological signs or symptoms. (8) Signs or symptoms involving the upper or lower respiratory system. (9) Sleep disturbances. (10) Gastrointestinal signs or symptoms. (11) Cardiovascular signs or symptoms. (12) Abnormal weight loss. (13) Menstrual disorders.

I have had Afib problems since the service, out of the blue Dec 19th heart attack, I never believed in Gulfwar syndrome but I am starting to.

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Please be advised that individuals are getting denied left and right for Gulf war syndrome. The people who are filing individual conditions are having more success.

DId you have any heart related problems in service or witrhin the first post service year like a HTN diagnosis?

J

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