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  2. Chronic pain (i.e. somatic symptom disorder 9422) is a mental health claim. You are being rated on the symptoms the pain is causing. For example, you have pain daily arising from "lumbosacral strain." This pain causes you to feel depressed and you have difficulty concentrating at work, thus decreasing your quality of life, and your earning potential. The severity of the depression and concentration symptoms, and their impact on your life, will determine your rating, in accordance to the rating schedule for mental health claims. Otherwise, pain is taken into consideration in musculoskeletal disorders in how it impacts range of motion, and therefore, functional loss of the effected body part. If pain is present, but does not effect ROM, then the lowest compensable rating is awarded. In either case, the pain is resulting in a condition which leads to a functional loss, either physically or mentally, which is why it can be compensated for.
  3. Today
  4. Yes, breathing is good. Can't forget to breath. I do tend to be very...uuuh...focused. It makes me very good at getting stuff done, but probably pretty hard to work with or for. Thanks!
  5. My one suggestion to you is BREATHE!! time takes time. neither of which help you. just take them in and believe them. you sound like me... a bit compulsive....limit your checking to once in the morning once in the evening. then read a book, watch a movie...do whatever and BREATHE
  6. I think I was misunderstood. I’m not looking for UI. I want to work and keep a job. I’m a nursing student and would like to work as one. I was just wanting to verify that the letter seals any holes into why I blew 10% PFTs.
  7. Imagine signing up to help a Vet and discovering the BVA decision occurred about 15 days before the VA accepted your POA. Well, this called for a tall repair order. The BVA denial came on 4/16/2019. I got an IMO and refiled it in the supplemental claims lane on 7/5/2019. They granted this morning @12:34:54 at the Atlanta Puzzle Palace. I love to litigate for you guys and gals. https://asknod.org/2019/07/19/va-supplemental-lane-been-through-the-desert-on-a-horse-with-no-name/
  8. The letter states you can't participate in any physically strenuous activity. That leaves sedentary activity. I would not expect IU based on this.
  9. Higher Lever Review only looks at what is already in the record. It didn't do me any good to ask for a HLR. They still denied me.
  10. I been on appeal since March of 2015.Got my hearing before judge on March 2019.
  11. You might also look into asknod.org. He has a lot of info about AO.
  12. Yesterday
  13. Mine (HLR) finally flipped from Preparation for Decision to Pending Decision Approval today. First movement of any kind since April 12. But my eBenefits estimate completion dates were backed up by another two months next year. Weird.
  14. You mean to ask the status? I figured I would keep checking ebenefits every 17 or 18 seconds this weekend, and worry about it needlessly, then I figured I would call my VSO on Monday. My VARO is a nightmare drive through Houston.
  15. I submitted my CUE claim using both the 526EZ and 21-4128 statement in support of claim.. The 526EZ is a waste of paper because all you are doing is giving personal information, you still have to explain the reason for the cue.. normally I would just write a letter but I had a claim kicked back last month for being on the wrong form.. so using the 21-4128 just seems to me to be the write form to explain the reason, my CUE was accepted and is now listed on VA.Gov... so I guess I got it right...
  16. Simple questions need facts not opinions> Can a 100% P&T UI go to college.

    1. seminoles


      There are quite a few veterans rated IU PT that are currently in Voc Rehab. it can be a fight for sure to get into voc. rehab with a goal of being employable in the future, etc. but I encourage you to go on facebook and join Ben Krause's group about voc. reahab Chapter 31 and there is a lot of information and discussion about what the rules and regulations are about veterans who are 100% or IU PT  going to college or in voc. rehab.  If you truly believe you can be employable again I say go for it.  Know that at some point you will lose the IU portion after you have maintained substantial gainful employment.  

  17. I do see anything in somatic symptompton disorder that would address chronic pain issues, the description for somatic symptom disorder is more like a hypochondriac Just my opinion but I don't think this addresses the OP issue. Code 9421: Somatic symptom disorder is a condition where the person regularly sees many different doctors complaining of pain, sexual problems, stomach problems, or nerve problems. These symptoms do actually exist in the patient, but there are no physical causes. The most common explanation, although not proven, is that the physical symptoms are the brain’s way of dealing with stress. But this might fit: Code 9422: Other somatic symptoms or similar disorders that are clearly defined, like pain disorder, are rated under this code.
  18. OK so the first thing is we need to know is what disabilities are you s-c for already, and what ones have gotten worse. If they are listed as presumptive to A.O., you need to compare your condition symptoms to diagnostic codes and see if they warrant compensation or in some cases, an increase. Look them up on find my disability rating .com You will probably want to file for EVERY disability you should be compensated for. Why would you not? I assume you are a Vietnam veteran as you mention A.O., and that you have a VA disability. What are you already rated for and how much for each and total combined rating?Do you use the VA for Health services, a private doctor, or both? Do some research and come back.
  19. Ugh! My claims (including the VA's request for PTSD increase) have now gone to "Preparation for Notification," but I cannot see any updates in Ebenefits other than that status update. -I looked in my list-o-disabilities. No update, not even a "not SC" next to my recent claims. I'm sure that is a good thing. -I looked in the "Pending Disabilities" section. That still reads the same as it always did, as though the claims are still being worked. -I looked in the "letter generator," and it says the same stuff it has said since prior to these claims. I probably would not be whining about this, except that it is Friday afternoon at almost 6 PM, which means I am going to have to wonder all weekend what happened. I guess the good news is that there is no change either way, other than the status change. I guess I should just be happy that it doesn't show them as not SC'd. There is still hope. Anybody, got any other tricks up their sleeve to try to find out the results after decision but before the envelope?
  20. I have an MD opinion stating it is more likely than not veterans lower back issue and sciatica was caused by an in service event (in my medical records). Had a VA C&P done by a nurse practitioner. ROM was all out of whack. She states veterans level of participation questionable. Less than likely as not (of course), due to the fact I didn't complain on exit physical and medical records are silent for a number of years. Have buddy and spouse statement explaining treatments when I got out and they (more than once) drove me there due to flare ups. Medical records get destroyed after 7 years when I went to retrieve them. Should I file a higher level review or just appeal it? I'm at 100% barely, and everything I applied for approved. Based on medical evidence connecting in service incident, treatment, buddy statements and MD opinion more likely than not. I do not care if they review all other claims, as I have sufficient evidence to back them up, or have the means to get more if needed.
  21. Talking about what law prevents the VA from abusing the overuse of C&P exams see C.F.R. 3.337 Reexaminations (b)(2) (2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static; (ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i)of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more; (iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement; (iv) In cases of veterans over 55 years of age, except under unusual circumstances; (v) When the rating is a prescribed scheduled minimum rating; or (vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions. So, if the s-c conditions are static (Read P&T), the veteran is 55+, and the combined disability exam should result in a reduction for one or more conditions, re-exam is not required. Does the VA pull rank and require an additional C&P? Sure, on a rare occasion. It's the VA; they do or say whatever. But, if these "protected conditions apply, the veteran has every right to challenge it. This C.F.R. authorizes it.
  22. Bertha I just got the C&P files for the 2010 and 2019 psych C&P's. I uploaded 2010. I underlined things I thought might pertain to "severe" diag. Please see the doctor's "opinion" near the last 2 pages. I sounds to me as if he is stating military life contributed to the Anxiety and if that is the case, shouldn't it have be SC from the beginning? Possibly they did not read his entire notes or chose to pick and choose? on the 2019 C&P, I was disturbed that the doctor who signed as the examiner is not the doctor who did my exam. Also the box for "suicidal ideation" is not checked and I very definitely told her I had suicidal thoughts. I had had a suicide screening at the VA in January that showed results "revealed suicidal ideation over the last 2 weeks, which indicates a POSITIVE primary screen for Risk of Suicide.". I would like to think this is just an error that LHI did not check the box. I don't think they will talk to me directly about this. I think my rating would be increased from the 50% they gave me if LHI had completed the form properly. What should I do about the person signing not being the person who did my exam? The exam doctor was a fully certified and licensed psychologist. Thankful I had written her information down.
  23. I have so many medical conditions that were caused by diabetes (AGENT ORANGE) and I am confused with what medical conditions I should file claims for because some happened before my effective date but they have become worse since the effective date and some happened after the effective date. I don’t want to pay for a DBQ or Nexus letter and not be able to claim them. Can you recommend someone that could review my records and recommend to me what medical conditions I should file a claim for? I would pay whoever would do this.
  24. If i get denied(which from what i heard is more then likely) would they increase me at least for limited flexion i got worsen over time or i have to do a new claim just for that?
  25. The claim for this is Somatic Symptom Disorder. This is what chronic pain is rated under. I have seen posts (facebook) where many have been rated for this.
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    • My claim went back to gathering of evidence after I had my second c&p exam for tbi initial. My vso the Dav said it was a dbq to differentiate the symptoms of tbi and PTSD as far as social and occupational impairment. I recieved at least as likely as not on all exams, PTSD, both tbi exams. Has anyone experienced this or know what it means? Is this a good sign my claim will be granted ? Thank you.
      • 20 replies
    • VA Claims requires a lot of note taking - What  I use for note taking
      Trouble Remembering? This helped me.

      I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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      • 1 reply
    • Do I have to quit my job?
      Hello everyone. See Below for what I received from VA


      A little about me currently. I have a job that is very low stress (work nights no people no stress) very secure because I work in a mountain so im surrounded by granite. I work on computers so it engages my mind and keeps me as active as possible and is my passion. So my question is do I have to quit my job? Thanks!


      June 23, 1999 June 30, 2019

      VA Benefit InformationSummary of benefit informationYou have one or more service-connected disabilities:Yes         Your combined service-connected evaluation is:100%               You are considered to be totally and permanently disabled due solely to your service-connected disabilities:Yes           The effective date of when you became totally and permanently disabled due to your service-connected disabilities:July 01, 2019

      major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS


                               Service Connected



      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.


      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.


      Thanks all!

      • 61 replies
    • Progress Notes on C&P Exam
      Hey guys, 

           I don't know if I'm in the right place but i was needing some clarification. After fighting with the military for six years, the C&P examiner stated that my condition precludes me from any physical occupation. 

      I developed asthma back in 2012, while in service. Is that typical wording for pretty much everyone? I guess my English isn't that great and i would like someone to please explain to me what that entails? The examiner 

      also stated that there is a 50% chance or greater that my injury was incurred in the line of duty, does that mean that they service connected me? 


      thank you for responding. 
      • 29 replies
    • I have a 8 year appeal that was granted in May 2019. Entitlement to service connection for acquired psychiatric disorder, to include  post traumatic stress disorders and depression, is granted.

      I live in Missouri, but it looks like the San Diego RO has been tasked with assigning the rating. I am already SC for 10,10,and 10 for shin splints and tinnitus which adds up to 30%. I was trying to determine what would my rating be and timeframe backpay would be paid.

      My symptoms include : nonetheless the examiner opined that is not to say that his issues with pain and tinnitus have not exacerbated mental health symptoms. In this regard the examiner opined that the veterans chronic pain and tinnitus contribute to several depressive symptoms, including depressed mood, sleep impairment, irritability, diminished concentration and interest in activities, relationship problems, and outburst of anger.

      As such the examiner concluded both his tinnitus and issues with chronic pain (not simply limited to shin splints) Are judged to have aggravated and contributed to multiple mental health symptoms. Therefore the examiner concluded that “it is at least as likely as not” that the diagnosis of bilateral shinsplints and tinnitus has  aggravated depressive and overlapping PTSD symptoms beyond their natural course. My diagnosis includes Anxiety disorders too. 

      My grant is secondary to existing disabilities.

      There is a Remand for Inextricably intertwined with the grant of service connection for an acquired psychiatric disorder, granted in the boards decision herein, because it may be affected by the assignment of the disability rating and effective date for the grant of service connection. Once the disability rating and affective date for the grant of service connection for an acquired psychiatric disorder has been assigned, and after completing any other development deem necessary, readjudicate the claim of entitlement to TDIU are you in light of all pertinent Evidence  and legal authority.

      I am not sure but I hope my rating and backpay would be issued before they decide in another possible year for TDIU?

      I am also one of the ones who constantly check Benny’s for a rate change or any updates, but it is the same since May 23rd 2019. Has anyone received a deposit before benny’s Update. Since the new process has been implemented?

      • 14 replies
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