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Cole23 here is the rating formula for PTSD FROM 0% ALL THE WAY TO 100% General Rating Formula for Mental Disorders Rating Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. 100 Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships. 70 Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships. 50 Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events). 30 Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication. 10 A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication. 0
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JustGettingStarted Have you ever considered request a DRO Heaing at your R.O. With all your evidence a DRO could make a decision on the rating and the EED. but be aware this evidence has to be new and material evidence as brocovet posted these Regs 3.156 New and material evidence. (a)General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. (Authority: 38 U.S.C. 501, 5103A(f), 5108) The only other thing about the adjication is they usually go by the date in effect at the time of the decision...if the provisions were not in effect at the time of denial and they changed ..on a reopen claim and approved they go by the change in provision date...I believe that's right?
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Vync its hard to say what the VA will do?? ...At least you have all this on record , its just getting a Dr to give his opinion on the injury or diseased hand and the reason you have the pain? I would think if you have the injury to your hand S.C. AT 0% and have pain in it its just a matter as how they rate the pain? but it don't necessarily have to be s.c. disability... as I understand it they rate the pain by the higher # like from 1-10 > 10 being the highest rate. but who decides this the Dr or the Veteran? None if us know anything about it Even the top Rated VSO's don't know THE COURT RULING IS NOT IN PLACE YET. so this must be just an proposal on getting compensation for pain b/c they clearly state it don't need to be a s.c. disability. just pain in any part of the body to include dental, stress, anxiety and physical pain such as injuries I can't find any thing on it from the legislation committee/or congress if you or anyone finds out more on this please post it. Thanks Buddy
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Thank you all for the responses. I think the issue I have is on one xray the doctor said the finding could be developmental. So i think the VA looked at that as a congenital defect. I do have other Xrays and MRI that use the term disc degeneration and no mention of a developmental condition. I worry about possibly needing back surgery to correct it and having to pay out of pock that could be expensive. Again thanks for your guy's input. Jim -
By JustGettingStarted · Posted
Broncovet - Did you read my previous post mentioned above? I have reopened this claim 7 or 8 times. The first time I claimed it, my C&P examiners left my medications, essential for 60% rating, off the exam although I listed them 4 times. I complained about the exam and the VA reopened again. This time they denied my claim saying I did not go to an exam that was never examined (and I have that in writing). Reopened again and I was scheduled for a new skin exam - when I arrived I found that someone at VA had opened a claim for increase on my left hand and that was all the examiner could look at. I was denied again. I opened it again and was denied because the VA said I used topical medication which was not systemic whereas nowhere in my records does it mention topical medication. Then I had my dermatologist do a DBQ and I was finally awarded 60% for my skin condition, but my request for a back date was not addressed. I reopened the claim again for the back date and it was denied because VA said Title 38 did not consider my medication to be systemic in 2009 but it was systemic in 2017 due to a policy change. I reopened the claim again pointing out that the skin law in Title 38 for my claim had not changed since 2002 and they could not decide CUE based on policy change; it had to be based on law. My claim was reopened again, and the VA treated it as an increase instead of a request for an earlier effective date, sending me to yet another exam. This was made even more ridiculous since I already have the maximum rating for the condition. I have cited the regulation every time I did this. I also cited two cases decided at the US court of veteran appeals that supported my claim (see my other post mentioned above.). Every time, the VA ignored my request for an earlier effective date and treated my claim as an increase, or ignored my medications, or gave me the wrong exam, or listed the wrong medication, or did not follow the law. Believe me, I have read every decision carefully, along with my VSO. We are both shaking our heads over how ignorant the examiners are, or they think I must be. My VSO said he has learned more about CUE from me than he learned in a 2-week class he had to sit through. I have read a dozen cases where veterans with the same skin condition on the same medicine have won their cases at the BVA level. That is why the policy in MR21-1 was changed in 2015 - too many VAROs were making errors in interpretation of the law, which is the foundation of CUE. I agree with Berta - the raters at the regional office cannot read. JustGettingStarted -
Don’t know enough about this program yet I’m told I may have this option, so I’ve been notified that on my appeal 1 denied and remanded to the AMC this was in Dec of last year. Looking at decision I noticed that they decided my neck disorder was not caused by my skull fracture but I never claimed the neck disorder just the skull fracture which hasn’t even been service connected.So I walked my happy ass to the RO the guy behind the glass called my number and looked up my claim, then calls me to walk me back behind his desk here fill this out? Statement of support of my claim he told me to write : my original claim for basilar skull fracture in 2010 was never service connected even after my NOD from 2012 and not after my appeal was granted in 2016 but used to deny service connection for my neck disability in Dec 2017. How is this possible that I have never been rated or service connected for my skull fracture but apparently used to deny a issue that I never claimed? -
broncovet you better think long and hard on this...later on if you have knee replacement the surgery is pretty hard after the 1st 2 or 3 days from what I have heard...the main concern is the pain medications and from other ongoing meds from what they can cause like blood clots ect,,ect,, a sudden blood clot can kill you instantly.
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Basser said it better than I would. I would just add dont trust ebenefits, wait for the envelope, then decide if you want to appeal the effective date. -
The december date may be the change reflected with the December cost of living increase. Welcome to Hadit. -
There may be something here that was overlooked and not discussed. Again and again, when 38 CFR 3.156 b or 38 cfr 3.156 c can be used, I dont recommend raising the level of review to CUE, when a simple reopening keeps the benefit of the doubt in your favor. Read your decisions. Did they cite the exam which (failed to state) your meds in the decison as "evidence"? If they did NOT cite this medical exam, then you should be able to resumbit it and get it reopened for an earlier effecitive date (3.156b), if your claim is pending (in some type of appeals). You dont want to use a sledge hammer to swat flies..you use a fly swatter or rolled up newspaper. Cue is like a sledge hammer, and, while effective, look what the sledge would do to your wood, (standard of review) first. A "wild swing" at Cue will likely do more damage than it fixes. Now, a precisely driven CUE can effect a home run. You need to cite the regulations VA violated..and which decision and where..cite where there was an error. You also have to show how the error was outcome determinative, and undebatable, and incosistent with regulations at the time. The Cue sledge will work, but not when swung wildly.
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Hi my name is Dee, today was awarded a new percentage. As of Aug 2017 my service connected disabilities increased to 50%. I started another claim around Dec 2017 and today the percentage increased to 90%. When I logged into Ebenefits under disabilities it shows the effective date of my (70% new claim from Dec) is 8/10/2017. Now if I try to generate a letter from benefit summary tab, it shows the effective date of the last change to my current award as Dec 1, 2017. If I receive any retro which date should I be looking at? I'm very new to this and feel very lost, but is there a possibility I could file disability from SS? Thank you! -
Thank you all so much. I downloaded his mental health notes from his therapist and we do have a local psychologist that he has used before andis familiar with ptsd so I am going to see if he'd be willing to complete the dbq. I will be calling him tomorrow. In his c&p the doctor noted that my husband had passing thoughts of self harm but denies active suicidal ideation. And he quoted my husband as saying his age (40) is catching up with him. But didn't put that it was in regards to his nightmares and the way he wakes up. I just don't know how long I should wait to receive the letter or should I call them since the effective date shows 8/1/2018 maybe they're not mailing it out until June 1? -
Im pretty much in the same position. Im 100 percent P and T (no smc s), and have had arthritis "not service connected" even tho I fractured that knee in service. I have concluded its: 1. Highly unlikely I should die from arthritis or other knee conditions. And, since I have been SC more than 10 years, my cause of death wont matter to my spouse, for DIC. 2. SMC S is somewhat "moot" in relevance to knee issues because I feel I already qualify under Howell, as Im "unable to leave the home to earn a living" as I am TDIU according to VA. So, I should qualify under my existing disabilities for SMC S, and, even if I was awarded smc s by gettin an additional 60 percent for arthritis, I would wind up appealing the effective date anyway. So, I have concluded, in my case: IT wont make any difference to me. As far as a reduction because I have "actually improved under ordinary conditions of life", I see the chances of that happening are less than winning the lottery. So, for me, when I get the appeals done which are in progress now, Im done. 16 years fighting for VA benefits is long enough. I dont have much to gain by going for more. Your situation is probably different.
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Pancreatectomy gallbladder removal
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OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my endocrinologist related to my service in the gulf war. Any suggestions or advice from anyone
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Hadit Members In Michigan
Okemos_Veteran74 posted a topic in Social,
I would like to meet other Hadit members who live in Michigan. We have at least two major VA Hospitals (Battle Creek, Ann Arbor). Or maybe you go to the the John Dingell in Detroit.
I like Ann Arbor. I like the fact that most of the doctors there are also at the UM Hospital. I don't like how uickly they seem to turn over though.-
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Holllie Greene posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
I am confused. A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat. Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.
Can a fellow Veteran shed a light on this?
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Hope for Blue Water Veterans
Berta posted a question in Agent Orange,
Carol Ozanecki- Blue Water vet Advocate called me with this news:
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Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.
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