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    • yes thats correct brokensoldier244th Also I usually check my appointments in MyHealthyvet   by useing the ''bluebutton'' and clink on VA Notes  & future appointments.
    • As for Dr. Gail Poyner, I was convinced she did my initial C&P exam, but after receiving my C-File, I learned it was from a Dr. Rosco. I'm not sure if I saw her during another visit or if they just look alike. Sorry for that bit of erroneous information.
    • Berta,  Thank you so much for your reply. Yes, I have filed a NOD for the latest PTSD rating and effective date and for my TBI rating decrease. Here is my 2009 decision letter.   2009 - Decision1.pdf
    • Yes , this article quotes her as saying she was fired: http://www.scpr.org/blogs/health/2014/08/04/17100/are-some-veterans-exaggerating-or-lying-about-thei/ I guess she was a QTC doctor? You have the CAB and even if it was issued after VA knew you had it, this is a disgrace. How many other combat vets ( men and women) did she screw for  PTSD claims? if we can see their words in the PTSD denial, we can help more. Personally I think any C & P done by someone who has been "fired" should be a good cause for a better EED. But I saw her name in many articles and cannot determine if QTC or the VA itself fired her and if the firing was specifically for misinterpreting PTSD claims. You certainly should try for a better EED. The diagnosis was obviously wrong from her, but the diagnostic code might have been right.      
    • I just found one of your past posts and regret I never read it that time: Holy S---! in part:
      "Hi Everyone, I am a first time poster. I have been reading this site for a few weeks now and have found it very helpful. This is my story. I served 9 years in the Army National Guard. I deployed to Iraq in March 2003 until March 2004 as a truck driver and witnessed many things. I received the Combat Action Badge (a year or two later when it was created). I was on several convoy's that were attacked with IED's and small arms, including one IED that hit my truck directly. I was not wounded, but was very dazed afterward. It took me several years to come to terms with the fact that I was suffering from PTSD. I was also afraid to seek help due the stigma that I felt it would have created in the Military at the time. In 2008 I ETS'd from the Guard. In 2009, My husband ( a combat vet as well) finally convinced me to seek help from the VA. I went to all my initial appointments, but was very disappointed with the level of care I received. Especially in instances where I would have to drive 3 hours to Oklahoma City, just to be told that one or more of my appointments would have to be re-scheduled. I was told that I have PTSD and TBI in some of the appointments. Later that year, I filed a claim for PTSD, TBI, and gall bladder residuals. (I had to be flown to Germany July 4th 2003 to have my gallbladder removed, then returned to Iraq. ) In my 2009 claim, I was denied PTSD, received 10% TBI, and 0% gallbladder residuals. I did file a NOD for the PTSD, but after that I did not follow thru on anything else concerning the VA. The C&P examiner for PTSD acted like it was impossible for me to have been in combat because I was a woman, and blamed everything on my hormones. I was done with the VA after that. Fast forward to 2013. I was still dealing with PTSD. After years of pleading with me, my husband finally dragged me back to the VA. Since we live on the Oklahoma / Texas line, My husband enrolled me in the North TX VA system. I started receiving treatment there and I was very impressed. I have even started to feel like I am making some improvement. In March 2015, I filed a Re-open PTSD claim and TBI increase. My ebenefits has been bouncing back and forth from "prep for notification" to "prep for final approval" to "gathering evidence" and up and down for three weeks now. It sits at "prep for notification" today. I called the VFW VSO a few days ago and they said that they can see where I have been awarded 50% for PTSD effective March 2015 but my TBI was decreased to 0%. I can see my C&P exam notes in blue button, and the PTSD examiner states that it is the same symptoms that I presented with in 2009. I am very elated that I am receiving 50%. While surfing the web doing some research on VA claims in the last few days, I discovered an article about the OKC C&P mental health examiner (Dr. Gail Poyner) being dismissed in 2010 for not following guidelines and performing test for malingering and pretty much denying most PTSD claims. After more research I discovered that it was the same examiner that I had. She has also written an article stating this out right. While I'm sure that malingering does happen, I wonder if she just assumes that everyone is faking. Although it took me a long time to come forward for help, my symptoms are real and her out right dismissal just made me feel like no one could help me and I just had to suck it up and drive on at the expense of my mind and my family. Does any one feel that I might have a case to appeal the effective date, or should I just leave well enough alone? All advice is appreciated." I definitely feel there is a CUE here and the C & P would have been different (in my opinion, if the new July 2010 regulations for PTSD had been applied-if not by the C & P examiner,but  by the RO when they rendered the decision. Are you able to scan and attach here the 2009 decision, as to their Reason and Bases for the PTSD denial? And what Evidence they used? (Cover C file # name, etc prior to scanning)                           http://www.va.gov/vetapp16/Files3/1621642.txt      

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ammodad

Respiratory Disability To Include Asthma And Copd

30 posts in this topic

my question is will they rate them both as one claim or separately because they both are separately diseases found out they have remanded the sinusitis but are going ahead and rating the asbestos exposure for the copd and asthma i could have sworn the guy at va told me they were counting them both as one or rating them both as one is that possible or will they both be rated separately is there any way to find out when asking them at the va they suddenly get forgetful or their computers are down and they can only see what you just mentioned.

and in the event they do rate them both as one how would they decide the percentage i know whey have a rating procedure they use or a way of doing things

Edited by ammodad

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They COPD and Asthma, I believe will be rated as one under

Respiratory.

They should apply the medical evidence of record to the diagnostic code

in the schedule that will provide the highest rating per the medical evidence.

JMHO

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a38557b7a2cd96d2ba7924852468ed7b&rgn=div8&view=text&node=38:1.0.1.1.5.2.102.46&idno=38

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They COPD and Asthma, I believe will be rated as one under

Respiratory.

They should apply the medical evidence of record to the diagnostic code

in the schedule that will provide the highest rating per the medical evidence.

JMHO

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a38557b7a2cd96d2ba7924852468ed7b&rgn=div8&view=text&node=38:1.0.1.1.5.2.102.46&idno=38

thank you for your response to my post it helped me understand it allot better and the link helped me as well i am presently rated at 60% i had and initial 20% they awarded me 50% for sleep apnea. they said they saw granduloma in the right helium and infiltrates this is along with the history copd , dyspnnea and asthma from looking at the chart it could go either way either the 60 or 100 {6602 Asthma, bronchial)6604 Chronic obstructive pulmonary disease)with the 60 i already have what would that take me to and by chance i get the 100 how would i figure that and what would that be haven't wrapped my head around that Chinese math yet i am sorry to seem to be asking you so many question do you get tired of ppl picking through your brain ???

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if your already rated at 50% for sleep apnea ... your not going to get another rating for asthma and copd. You will get one rating for all three

Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation.

ratings are listed here:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=c130ec487ea61b8a40ad0836188b94bc&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38#38:1.0.1.1.5.2.102.46

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if your already rated at 50% for sleep apnea ... your not going to get another rating for asthma and copd. You will get one rating for all three

Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation.

ratings are listed here:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=c130ec487ea61b8a40ad0836188b94bc&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38#38:1.0.1.1.5.2.102.46

ok i think i understand what your saying, but i am at 60% not 50% i had a previous rating at 20% and was awarded 50% for sleep apnea which took me to 60%now if i understand you correctly me being at 60% they aren't gonna rate my claims individually they are gonna rate them as one adding them to the 60% i already have and following the rating table they will rate it to the next highest int he category that reflects the medical evidence, which means what, whats the next possible rating for a person more than likely doomed to die sucking on oxygen tanks waiting to drown in my own juices .. not taking it out on you and not trying to give you a hard time brother just gets frustrating some times how do you place a value on a life and why do we have to be staring at death before they see us ????????????thanks for your advice and have a blessed day

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ok i think i understand what your saying, but i am at 60% not 50% i had a previous rating at 20% and was awarded 50% for sleep apnea which took me to 60%now if i understand you correctly me being at 60% they aren't gonna rate my claims individually they are gonna rate them as one adding them to the 60% i already have and following the rating table they will rate it to the next highest int he category that reflects the medical evidence, which means what, whats the next possible rating for a person more than likely doomed to die sucking on oxygen tanks waiting to drown in my own juices .. not taking it out on you and not trying to give you a hard time brother just gets frustrating some times how do you place a value on a life and why do we have to be staring at death before they see us ????????????thanks for your advice and have a blessed day

Hey, I know where you are coming from I am rated for asthma/COPD at 100% due to oxygen use, I also have sleep apnea that I haven't even request service connection for... If your rated for the asthma/copd and on oxygen you will be bumped up to 100%.

best of luck.....

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