Hello everyone I am new to the site. And I recent submit a the dbq for an increase for my PTSD and I trying to understand it but im just not getting it. So I figured would ask you all. Below is what the examiner put in the record.
Review Post Traumatic Stress Disorder (PTSD)
Disability Benefits Questionnaire
Name of patient/Veteran: =========
Is this DBQ being completed in conjunction with a VA 21-2507, C&P
[X] Yes [ ] No
1. Diagnostic Summary
Does the Veteran now have or has he/she ever been diagnosed with PTSD?
[X] Yes [ ] No
ICD Code: F43.1
2. Current Diagnoses
a. Mental Disorder Diagnosis #1: PTSD
ICD Code: F43.1
b. Medical diagnoses relevant to the understanding or management of the
Mental Health Disorder (to include TBI):
No response provided.
3. Differentiation of symptoms
a. Does the Veteran have more than one mental disorder diagnosed?
[ ] Yes [X] No
c. Does the Veteran have a diagnosed traumatic brain injury (TBI)?
[ ] Yes [ ] No [X] Not shown in records reviewed
4. Occupational and social impairment
a. Which of the following best summarizes the Veteran's level of
and social impairment with regards to all mental diagnoses? (Check only
[X] Occupational and social impairment with reduced reliability and
b. For the indicated level of occupational and social impairment, is it
possible to differentiate what portion of the occupational and social
impairment indicated above is caused by each mental disorder?
[ ] Yes [ ] No [X] No other mental disorder has been diagnosed
c. If a diagnosis of TBI exists, is it possible to differentiate what
of the occupational and social impairment indicated above is caused by
[ ] Yes [ ] No [X] No diagnosis of TBI
1. Evidence Review
Evidence reviewed (check all that apply):
[X] VA e-folder (VBMS or Virtual VA)
MENTAL HEALTH OUTPATIENT FOLLOW UP NOTE [excerpts]
DATE OF NOTE: MAR 05, 2018
AUTHOR: ========,NP NURSE PRACTITIONER
CHIEF COMPLAINT: "same old same old"
Veteran is here for 6 week follow up for PTSD, Alcohol Use Disorder,
unspecified, episodic. At last appointment, low dose venlafaxine was
added, aripiprazole, prazosin, and melatonin were continued.
He reports symptoms are about the same. His wife is pregnant with twins,
so he is trying to minimize arguments at home. He worries he will not be
able to connect with the babies, because he struggled so much with his
daughter and points to her persistence as the reason they are close now.
He see no change in sleep, remains irritable, and more hypervigilant due
To recent car break ins on his street. He has cut down on drinking, and
denies any binges since last appointment. He continues to have fleeting
SI, but denies intent. He often has thoughts of hurting others, but
strongly denies acting on the thoughts. No recent hallucinations. He
does talk to himself when he is trying to work something out, but denies
hearing voices other than his own. It can be embarrassing as coworkers and wife
have caught him.
ASSESSMENT AND TREATMENT PLAN GOALS:
DSM 5 Diagnostic Impression
Alcohol Use Disorder, Unspecified, episodic
1. Decrease irritability and anger- does not interfere with home or work
life more than one time per month, ongoing, improving
2. Improve feeling of connection with others- enjoying and developing
relationships, ongoing, no change
3. Decrease avoidance of social situations/crowds- can tolerate Wal Mart,
enjoy outings with family, ongoing, no change
4. Improve sleep- no difficulty falling asleep, sleep 6 to 8 hours
nightly, ongoing, worsening
PLAN AND PROGRESS TOWARDS TREATMENT PLAN GOALS:
reviewed records and discussed options
- increasing venlafaxine to 75 mg
- continuing aripiprazole, prazosin, and melatonin
- suggested individual supportive counseling at the Vet Center after Dr.
- monitoring labs at next appointment
- Will continue to follow closely. RTC 6 weeks/PRN
2. Recent History (since prior exam)
a. Relevant Social/Marital/Family history:
Last C&P PTSD DBQ May 2016
Lives in Moncks Corner, SC with wife of 9 years and daughter age 4.
Daily routine: Lay down for bed 2100. Will fall asleep 2300. Wake
frequently. "I have to do certain things to calm down. I need my
gun next to me. I have to check the house make sure its locked. Make sure
the alarm is on. If I hear something, it wakes me right up and I have
to check it out." +Nightmares, night sweats. "Sometimes
I'm swinging and yelling and talking in my sleep, so my wife leaves for a different
room. I wake up and she's not there and it freaks me out."
melatonin for sleep, prazosin for nightmares. Abilify for PTSD.
Diagnosed sleep apnea by sleep study in 2013, prescribed CPAP and is
Relationship with wife: "We almost got divorced a few times. She
didn't understand what was going on. She started reading up on it. The whole
reason I went to mental health was because of her."
Relationship with daughter: "She is scared of me. She has seen me
Snap a few times. She is on guard. She doesn't know if I'm going
to be up or down. She is my heart. She is the only thing that makes me feel
normal." Will watch cartoons and read books together.
Hobbies: play basketball, go to gym "but now I just sit in the
House watch TV or just in the room." Likes anime.
Support: father "he's been with me through everything."
And is Veteran
too, wife "but there is a wall there where I don't open
b. Relevant Occupational and Educational history:
Working for passport services for 3 years. "Its rough at times.
There's a lot of people in there. They had to move my seat because I'm
too jumpy. They moved it so I'm not around a lot of people. It is hard
to focus. I have to use sticky notes. They have been pretty supportive.
I've had good supervisors." Was counselled about days missing
for work; "I had a blow up at my co-workers so they spoke to me about
that." Miss 2-3 days per month. "When I get to work, I drive around the
Building and if I see something I don't like, I just go home."
Military history: E4, MP, Separated 2014, Honorable, Served about 6
c. Relevant Mental Health history, to include prescribed medications and
family mental health:
Mental health treatment with prescriber and therapist. No history of
hospitalizations. Was in group therapy "but I didn't like it."
d. Relevant Legal and Behavioral history:
"When I was in Japan I got us into trouble because of my alcohol
abuse. I got into a car accident and hit 3 cars." Was sent to ADAP for
anger and PTSD. A month ago got into a physical altercation with sister's
boyfriend "I laid hands on him. So then I went to a hotel room and stayed there and
then I went on a drink binge."
e. Relevant Substance abuse history:
Alcohol - "I abused it really bad. My PCM said it was affecting
My liver." Was drinking4-5 25 oz beers, drink a bottle of liquor over
The weekend. Now will drink 1-2 beers.
Tobacco - 2-3/day
Denies other substances.
f. Other, if any:
Current reported symptoms:
Anger: "I black out and become very violent. I knock TVs off
walls. My wife was ready to leave me."
Triggers: "foggy day and rain." "Ignorant and stupid
"If a car is behind me too long, I start to think he is following
me. There is a particular truck that I know and he gets too close to me. I
got sick of it and one day I followed him home. I didn't do
anything, but I blacked out mad. I knew I needed help."
Flashbacks - "I was shopping with my wife, and this guy had a
turban on his head and I thought I was back there. Its constant, its all the
Hygiene - "My wife got on my because I went a week without washing
And I didn't even realize it."
Suicide - "I thought about driving into traffic at the light. One
Time I sped up and got on railroad tracks when a train was coming. I
thought, what am I doing? I went into store parking lot." Reports
this occurred 2 weeks ago. "I keep a picture of my daughter in the car
to keep me from [doing it]."
3. PTSD Diagnostic Criteria
Please check criteria used for establishing the current PTSD diagnosis. The
diagnostic criteria for PTSD, are from the Diagnostic and Statistical Manual
of Mental Disorders, 5th edition (DSM-5). The stressful event can be due to
combat, personal trauma, other life threatening situations (non-combat
related stressors). Do NOT mark symptoms below that are clearly not
attributable to the Criterion A stressor/PTSD. Instead, overlapping
symptoms clearly attributable to other things should be noted under #6 - "Other
Criterion A: Exposure to actual or threatened a) death, b) serious
c) sexual violence, in one or more of the following ways:
[X] Directly experiencing the traumatic event(s)
[X] Witnessing, in person, the traumatic event(s) as they
occurred to others
Criterion B: Presence of (one or more) of the following intrusion
Symptoms associated with the traumatic event(s), beginning after the
traumatic event(s) occurred:
[X] Recurrent, involuntary, and intrusive distressing
Memories of the traumatic event(s).
[X] Recurrent distressing dreams in which the content and/or
affect of the dream are related to the traumatic event(s).
[X] Dissociative reactions (e.g., flashbacks) in which the
individual feels or acts as if the traumatic event(s)
were recurring. (Such reactions may occur on a continuum,
with the most extreme expression being a complete loss of
awareness of present surroundings).
[X] Intense or prolonged psychological distress at exposure
To internal or external cues that symbolize or resemble an
aspect of the traumatic event(s).
[X] Marked physiological reactions to internal or external
cues that symbolize or resemble an aspect of the
Criterion C: Persistent avoidance of stimuli associated with the
Traumatic event(s), beginning after the traumatic events(s) occurred,
as evidenced by one or both of the following:
[X] Avoidance of or efforts to avoid distressing memories,
thoughts, or feelings about or closely associated with
the traumatic event(s).
[X] Avoidance of or efforts to avoid external reminders
(people, places, conversations, activities, objects,
situations) that arouse distressing memories, thoughts,
or feelings about or closely associated with the traumatic
Criterion D: Negative alterations in cognitions and mood associated with
the traumatic event(s), beginning or worsening after the
traumatic event(s) occurred, as evidenced by two (or more)
[X] Persistent and exaggerated negative beliefs or
expectations about oneself, others, or the world (e.g.,
am bad,: "No one can be trusted,: "The world is
dangerous,: "My whole nervous system is permanently
[X] Persistent, distorted cognitions about the cause or
consequences of the traumatic event(s) that lead the
individual to blame himself/herself or others.
[X] Persistent negative emotional state (e.g., fear, horror,
anger, guilt, or shame).
[X] Markedly diminished interest or participation in
[X] Feelings of detachment or estrangement from others.
[X] Persistent inability to experience positive emotions
(e.g., inability to experience happiness, satisfaction,
Criterion E: Marked alterations in arousal and reactivity associated with
the traumatic event(s), beginning or worsening after the
traumatic event(s) occurred, as evidenced by two (or more)
[X] Irritable behavior and angry outbursts (with little or no
provocation) typically expressed as verbal or physical
aggression toward people or objects.
[X] Reckless or self-destructive behavior.
[X] Exaggerated startle response.
[X] Problems with concentration.
[X] Sleep disturbance (e.g., difficulty falling or staying
asleep or restless sleep).
[X] The duration of the symptoms described above in Criteria
B, C, and D are more than 1 month.
[X] The PTSD symptoms described above cause clinically
significant distress or impairment in social,
occupational, or other important areas of functioning.
[X] The disturbance is not attributable to the physiological
effects of a substance (e.g., medication, alcohol) or
another medical condition.
For VA rating purposes, check all symptoms that actively apply to the
[X] Depressed mood
[X] Chronic sleep impairment
[X] Mild memory loss, such as forgetting names, directions or recent
[X] Flattened affect
[X] Impaired judgment
[X] Disturbances of motivation and mood
[X] Difficulty in adapting to stressful circumstances, including work or
[X] Suicidal ideation
[X] Impaired impulse control, such as unprovoked irritability with
[X] Neglect of personal appearance and hygiene
5. Behavioral observations
Veteran was open and forthright with no evidence of exaggeration or
feigning symptoms. Affect blunted. Minimal eye contact. Speech regular
rate, tone, volume. Thought process linear, logical, goal directed.
Thought content absent for delusions, hallucinations, paranoia or HI.
Endorses SI with no active plan, but drove car onto train tracks last
week. Discussed safety, crisis line, Veteran has MHC appointment next
week. Veteran reports safety to return home today.
6. Other symptoms
Does the Veteran have any other symptoms attributable to PTSD (and other
mental disorders) that are not listed above?
[ ] Yes [X] No
Is the Veteran capable of managing his or her financial affairs?
[X] Yes [ ] No
8. Remarks, (including any testing results) if any:
PCL-5 score 72, indicating probable diagnosis of PTSD.
Veteran continues to meet criteria for PTSD. He reports social
withdrawal, sleep problems, memory problems, irritability, anger that is both verbal
and physical, suicidal thoughts. He has work accommodations because of
his PTSD symptoms. He misses several days of work a month because of his
I'm new to this site, and somewhat novice with claims as I've ignored them since my discharge in 2012, but I have some questions that I've yet to find answers for that hopefully someone can help me with:
In a nutshell, my story is I did my four years, two hellish combat tours to Afghan, got out in 2012, immediately filed my claims for a few disabilities like back and shoulder issues and got a 40% rating total. I've since not looked back as none of that concerns me. My issue now is that I was sent to a mandatory PTSD screening during one of my visits that year, and the examiner kind of went about the thing blase, and although I did tell her most of my traumatic experiences, she gave me 0% for "Combat PTSD not related to military service" as it says in their justification, whatever that means. I don't think they even attempted to listen to me as my experiences were extraordinarily traumatic and have been a detriment to my mental health and quality of life since. And yet I now have an effective date of a PTSD claim from day of discharge 6 years ago for 0%, says it right on eBenefits. I think you know where I'm going with this...
After 6 years of dealing with a slew of issues related to PTSD, I decided this week to start looking into trying to re open the case. My questions for you are.... Would I be entitled to any back pay if I could prove that I've suffered from PTSD since then, and that they made their original decision in error? And if so, how could I go about receiving the exact paper work / medical records from that one specific screening I had in 2012? I've looked everywhere and I don't really know how to navigate either of these situations...
Thanks a lot!
I received my Award letter granting my Appeal for CUE granting me an Earlier Effective Date for my 100% Service Connected Disability Pension. It stretches from September 1, 1971 to January 27, 2003. My appeal Lawyer says he has to present a brief to the VRO outlining what I think I should be getting paid. I was shocked to say the least. The granting of CUE claims is apparently rare. I was told that my case may not reach the VRO for another 30 days and it will take some time for it to be reviewed by at least 3 review officers after the amount of the Award is determined. Determining the amount is very complicated because I went through five (3) "Successful" Marriages during this time window two children from the first which lasted a year after 1971. Putting the dates together for these Earth shaking events will be difficult as I will have to contact each of my Ex's to nail them down or else research vital statistics at the record centers involved. I do not think the VRO will want to use the expensive time to go over all of this "Historical Data" and petition me for a compromise? This covers a period of 31 years, 4 months, and 26 days. I would like to hear from others who have gone through this type of process in order to get some idea of what I am facing and how long it will take to get it funded? The way things are going, with "Savage Barbarians" at the helm, I may just get told to "Go to Hell"? These are Treacherous times! My Disability is Bipolar Affective Disorder aka Manic Depressive. i.e. I am F'ing Nuts!
CURRENT STATUS: 100% P/T
CLAIM SUBMITTED: 14 JAN 2015
INFORMAL CLAIM SUBMITTED: 26 NOV 2013
INFORMAL CLAIM RECIEVED LETTER DATED: 16 JAN 2014
PROOF of INCORRECT EFFECTIVE DATE IN CLAIM SUBMITTED 14 JAN 2015
1. 21-526EZ LINE 5 - Have you ever filed a claim with the VA?
Yes box checked
"Informal Claim" handwritten in box
2. 21-526EZ LINE 9
Handwritten inside box:
NOTE: Attached is copy of DUA letter dated Jan. 16, 2014 stating I had to submit this formal claim "within one year from the date of this letter" January 16, 2014. I am of the opinion that this submittal meets the requirement to use date of informal claim as the effective date of claim for this submittal.
3. 362/LM - INFORMAL CLAIM RECIEVED LETTER Dated 16 JAN 2014
Title of Letter: "IMPORTANT -- reply needed within 1 year"
Relevant Text of letter:
a. 'We received your request for VA benefits on November 27, 2013. We consider this request as an informal claim for benefits.'
b. "If your completed application is received within one year from the date of this letter, and we decide that you are entitled to VA benefits, we may be able to pay you from the date we received your informal claim."
4. VA FORM 21-4138 STATEMENT IN SUPPORT OF CLAIM
Dated: 26 NOV 2013
"INFORMAL CLAIM FOR THE FDC PROGRAM
I attend to apply for compensation benefits under the FDC Program. This statement is to preserve my effective date for entitlement to benefits. I am in the process of assembling my claim package for submission"
On 17 APRIL, 2014 I was at the mental clinic at the VA. I was homeless at the time so they sent me to a social worker. The social worker I believe had me fill out a form for an emergency pension. I'm not sure what I filled out exactly-not a very clear time of my life. In my paperwork I have, I see I received another informal claim letter reflective this date of 17 APRIL 2014.
1. Could opening a CUE appeal impact my current 100% P/T status? If there is any chance of this I do not want to submit a CUE at all. I just want my effective date reviewed, nothing else. Is that possible or does the whole claim get reviewed?
2. Is there someone I can contact at the VA to see why they decided on the effective date I have right now? Maybe I'm missing something and I didn't follow the rules correctly. Maybe whatever I did on 17 APRIL 2014 impacted my effective date/but even then, wouldn't my effective date be 17 APRIL 2014?
3. In your opinion, do I have a case for CUE?
4. How long does the CUE process take in your best guess?
Please include any other advice or information, links that might help me.
Side note: It goes without saying, but I would like to say it anyway; thank you so much for making this forum a resource for not only myself, but for all veterans. You guys are truly helping; THANK YOU.
Okay, now that I have been at this for over a year, I am now starting to understand the V.A.
I was medically discharged in 1975 with a recurrent dislocating patella with a DoD rating of 10%. I started having problems, as noted in my SRT, in my 10th week of boot. It was not till a year later, when bowling @ Leatherneck Lanes, that my patella completely dislocated, tearing ligaments and my meniscus.I was seen the next day in Ortho, with a 'grossly sublexed patella' and subsequently discharged for this condition.
Two months later I landed a job with Southern Pacific Railroad. About a month into the job, again, my knee went out on me causing me to 'crash and burn' at work. I was seen that evening at the V.A. and referred to Ortho, who placed me in a full leg cast for six months. Because of this I lost my job at the railroad
I then applied for Vocational Rehabilitation and put on the form that I was 10% disabled. I did not realize that it was a DoD rating v. a V.A. rating. I was subsequently denied, but it was never explained to me the difference of DoD v. V.A. Again in 1980 my patella went out on me, again tearing my meniscus and ligaments. I went to the V.A. and was X-rayed, which showed torn ligaments. I then applied for V.A. disability. I was denied, but did not know this till recently and why, as I was homeless and did not receive the notification.
According to the V.A. they submitted form VAF 21-526. They stated that I "did not receive subsequent treatment for my injury since my discharge." Which was obviously untrue, as I had been seen by the V.A. for this injury only four years earlier, only three months after my discharge, and lost my job because of it.
Today the V.A. cannot find the records of my 1975 - 1976 6 month Ortho rehab.
I can understand losing them 42 years later, but not 4 years.
I am hoping my claim is wrapped up with the V.A. within the next month, as I had my final C&P last week for my back. I have three discs that are protruding, one is on a nerve. This is due to my gait being off for the last forty years, because of my SC knee.
OH and my SC knee, they rated at 30% and took it away as they said that it was a prior injury to service and was Service Aggravated.
During the Ortho exam, after the 1975 accident on base, I stated that, once as a teen my knee gave way running track. For all I know, I could have stepped on it the wrong way, as my patella never dislocated and tore ligaments ... But the V.A. now insists it is Service Aggravated and gave me 10% for arthritis. After I was service-connected and applied for an increase, the examiner that rated my knee recently amended the exam and said that, because my condition is so severe that my left knee must now be included, as well as a bilateral factor, as I have arthritis in that knee, as she said, because of my gait. And she ordered an MRI of my Lumbar. The MRI shows DDD from S1 L1-L5. And specifically L4-L5 which I was recently told that I will need surgery, as they are compressed and pressing on a nerve.
Recently I located my physical fitness entrance exam and it makes no note of ANY issues and passes my lower extremities. I believe, because of this that the 30% for my R knee, that was denied should be awarded?
Do I have a CUE from the 1980 error?
Thank you for reading my question?
Oops ... I posted this question a few months ago:
The V.A. is driving me nuts!
I have been working with a VSO to file my claim. I am currently in the process of gathering information. Only thing, file for MST with PTSD or file PTSD. VSO was hung up on the sexual part of MST.
Was in service 1991-2000. In 1995 was involved with a female soldier, who also was involved with another male (married) soldier. After an exercise and the last night sleeping together she asked me to kill his wife. After the second time I went to CID and wore a wire twice. While the Article 32 hearing was going on she was let out of pre-trial and started harassing me, being around me. I was moved from my company to another, and ultimately to the brigade HQ (rear detachment). Brigade HQ was deployed then. Both the female soldier and male soldier were other than honorable discharged, but I was exiled for a year. Not the same after. As I was getting out in 1999 I learned that she had asked other people in the unit to kill me. I was seen at a Vet center into 2000.
Same time as the Article 32, my chain of command was trying to discipline me for an Article 15/court martial. The incident was with the female soldier (before she had asked me) and was on a trumped up charge. Even had the 1st sergeant threatened me in his office about "if he could not get me on that charge he would find another". After my time in Brigade HQ I returned to almost a new unit, only 5% knew me. All I wanted was out, but he harassed me every day to change my mind and go to the promotion board. Would not even let anyone drive me to airport to PCS.
It took my wife to point out that when I get harassed or witness it at work that I am affected by it. I am currently being seen for it by the Vet center I was seen at before. The vet center had listed me as PTSD and marked as military trauma.
Also, I don't have anything from that time as I was not in a good place and as a 26 year old did not want the reminders in my barracks room. So if anyone knows how to get the CID or JAG records I am all ears.
Hello and TYIA for any responses and for reading my long post.
BLUF: I would appreciate some insight or just plain ol speculatin on why the VA raters would submit me for a lumbar strain increase (that I didn’t submit for) while working on my current claim? Also, are secondary conditions disqualified in the 60% calculation for SMC Housebound? I know it says the 60% must be separate from the 100% condition, but how does this work if I’m on IU, with secondary conditions?
I’m probably overthinking at 4am but why would they submit me for an increase for a condition when I didn’t ask them, and the increase has no bearing on the final rating due to VA math, unless it qualifies me for SMC, or they believe I should be qualified. I’ve never raised the issue of SMC and I’m still learning about it trying to figure out my claim, and I know they are supposed to do due diligence, but that’s not my first hunch since that’s why I’m still in this process.
History: I filed a claim in 2015 for PTSD increase and TDIU, was granted increase in 2016 to 70% PTSD, denied TDIU. Combined, 80% with other SC conditions. BBE/VSO said I was denied increase to 100% even though I had a nexus statement from a psychologist saying total social and occupational impairment, at least as likely as not, etc., but they said because I was still employed (I was on long term disability leave but not yet “terminated” and yes they had the relevant evidence through my employer and insurance), and my VA treating provider’s opinion took precedence who didn’t feel my symptoms quite qualified me for total of course, though he‘s a CRNP versus a psychologist and I don’t think he even knows me. I thought they were supposed to take the rating and credentials that favor the Veteran but never mind me. I also survived and was approved for Social Security and life insurance premium waivers during this period without having to appeal, with the same medical information and evidence, with the same VA SC conditions, even coming from VA docs and providers.
Of course I appealed the rating and TDIU denial (they can decide) in 2016. I also submitted a new claim for secondaries to PTSD, and in my fog, with that claim an increase for PTSD and TDIU, even though I already had those on appeal. I believe I read or was told somewhere (or maybe my brain made it up) that if I submitted new evidence, the raters could look back at the effective date and could EED to the original claim if the evidence shows and close the appeal. Or, they could approve me from the date of the new claim and the appeal could deal with the stuff before that. But what they did was what they are apparently supposed to do (according to Peggy and the VSOs): defer the appeal related claims to the appeal. DOH.
Current Status: Early this month my claim progressed and I was granted an increase to 30% for IBS secondary to my 70% PTSD, and since I had a pre-existing 10% for nerve condition and 20% for lumbar strain, that brought me to 90%. My claim never went to complete and I never got the BBE, ebenefits bounced around from gathering of evidence to pending decision approval within days of my last C&P (I had one for PTSD and one for IBS). I’m not sure why they would give me a C&P for PTSD if they are deferring that part of my claim to appeal as I was told. Maybe they’re just giving me a checkup because my 30 appointments and inpatient stays and shock treatments over the past year weren’t enough medical evidence.
I learned of the increase bc I got a small retro and my ebenefits letters and disabilities changed within days, but the claim stayed open. I found out by calling Peggy and VSO that it’s due to an increase for my lumbar strain that someone in the rating chain put in. I do have plenty of evidence in my medical records that show my back is also crap. I got sent to a C&P for my lumbar strain and now I wait in GOE. The C&P examiner, Peggy, VSOs specifically say I was submitted for an increase for my back, not a review. BTW, in ebenefiits in the disabilities section, the PTSD increase is still open, the TDIU disappeared, the IBS is rated, and the lumbar strain doesn’t appear. Yes, I know ebenefits is unreliable and I should find something else to do, but compulsively logging into ebenefits is an activity quite similar to playing a slot machine for me. Every 1 in 10000000 logins I might get a glimmer of hope, and it keeps me going lol.
I Wonder: What difference does it make if I’m rated 20% or 30% for my lumbar strain? Why would this be raised since my overall rating won’t change from 90% either way? Trust me, I AM NOT COMPLAINING AND I AM GRATEFUL, anything they do (and they have been getting faster and more Vet-friendly it seems) positive for the Veteran that saves future agony and torture is an appreciated blessing. It would help in the future in qualifying for SMC, but I don’t qualify with the math now. Just wondering if they don’t have enough to do over there, because in the future I’d probably have to get another C&P. Also, I would have to have another condition at 30% for that math to work out, and I pray nothing else worsens enough for that to happen.
Does “separate” mean it can’t affect the same body system or it can’t be a secondary condition? Because with secondaries, I could potentially qualify for SMC, and therefore the VA rater would be setting me up for success. Otherwise, it just seems like extra work for them when they could close my case and get their quota numbers and help another Vet...again, not complaining but whoever is on my file seems to be thorough regardless.
I know they could be doing anything over there, and I’m glad they’re working on my claim, but just for s&g I’d appreciate any guesses or suggestions, and any help clarifying the SMC Housebound math thing please.
Thank you all.
Good news, I filed three CUEs and now have three C&P exams. Great news, it's with the VES and not the VA. The best news, I've seen one of these VES Doctors before and he rated the disability exactly correct!
My question is, since I was given the C&Ps for the three disabilities that I filed the CUEs against, does this mean that the VA is agreeing that they made a CUE? I understand the exams still have to happen for the rating portion, but does this mean the bureaucratic part of the VA agrees there was a mistake? Logic tells me "yes, why would they schedule an exam if they were just going to deny the CUE." However, this is the VA and logic is hard for them.
Last night I was going through my records to get them ready for the C&Ps. While I was doing this, I found another CUE that if accepted will net me another 10% back to 2005. Go through your records, DBQs, and Rating Decision letters, you might have CUEs just waiting to be found!
By Victor Ray
A local Kansas City man is suing the VA for $35 million in a malpractice suit, in my words basically, he was treated for 10 years of being misdiagnosed for a mental condition that he didn’t actually have, and it cost him his pilots career. Anyone can google it for accurate details.
I made medical treatment record requests while on active duty months before my discharge, but were told they were all lost in transit from Vietnam, when I was medivac’d out. What I did receive at discharge was Form DA 3349 showing P-3 permanent profile for permanent defects under “physical capacity and stamina”. I had what we call now, Chloracne, Porphyria Cutanea Tarda, Upper Respiratory Infections with undetermined organisms, Group A Streptococcus, vision problems with eye aches, Migraine Headaches, abnormal Liver and kidney issues with urinating blood, uncontrolled pruritus, insomnia, urticaria, rashes, unexplained fevers, heart palpatations, abdominal pain and cramps, severe bone pain, and on and on.
I was stuck thousands of times by mosquitos, ate or almost ate some nasty uncooked/undercooked fish, besides drinking nasty water. I probably had Liver Flukes, Filariasis, or Malaria or all of them because I was in a coma most of a week a few months after discharge, and I never recovered from RVN Service.
My treatment records NEVER WERE LOST, but they were withheld for 45 years, and 6/7 months still are, plus all of them from Japan, about 4 days of test results. The VA has withheld the missing documents and medical board proceedings per FOIA EXEMPTION 5 for a year or two, but now say they mistakenly spoke when said they were withholding them in the two or three reply’s from FOIA Requests. I still have not received the records I have requested, such as pay records, morning reports, and I am at the point that I actually may need an attorney. I am being reconsidered now, but I was deceived and had no evidence for a disability claim before I was discharged. Being naive and 21, and never doubting the integrity and honesty of the Army or VA, I couldn’t see how I would ever get a disability claim approved. I barely had proof that I was even in Vietnam, but now have proof of a 28 day straight stay in the infectious disease wards. SHOULD I TRUST THE VA TO MAKE THIS RIGHT, OR DO I CONTACT THE ATTORNEY HANDLING THE $35 Million dollar suit? Sorry for being long winded, but a little history makes it clearer. It’s going on four years with Line of Duty, and 100% Direct Service Evidence, but only recently given 70%, but denied 100% Service Connection that was due in June 1971.Thanks again.
If I claimed to be rated for chondromalcia(knee) and I'm given a rating for flexion limitation and the VA didn't give me a rating for instability, but my knee does give out. Is it a CUE that they didn't try to give me a rating for instability? I have evidence of falling from my knee giving out in service and since then. Can some one cite some case law that would apply to them not giving me a rating even though I didn't exactly claim it?
If at a RO hearing, the hearing officer determined that a Veteran's previously unknown medical condition, i.e. heart arrhythmia or hypertension, was found so soon after entry, ( about 2 weeks ), onto active duty that in their opinion it couldn't have started in military and therefore denied the claim on that basis, have they in essence made a medical opinion and therefore something that could be contested as a CUE?
By Stick Slinger
I was never diagnosed in service with OSA. I weigh 220 and I am 6' tall. I am rated at 70% for PTSD and the meds I take add to the OSA. I had my personal Dr. and the Psychiatrist I see both write letters to support that the meds I take add to and cause the OSA. My Dr filled out the DBQ and sent it in as well. I had a failed sleep study results sent in with my claim. I also have documentation I sent it that back up the fact that OSA is tied to PTSD and is aggravated by PTSD. Then sleeping with the prescribed CPAP machine adds to the PTSD. Just curious if anyone has ever won this claim? I am going to appeal but wanted to get any advise here first if someone has any to share.. not sure if there is anyone who has gone this route before and won?
68mustang posted a question in VA Disability Compensation Benefits Claims Research Forum,I was rated at 10% for tinnitus last year by the VA. I went to my private doctor yesterday and I described to him the problems that I have been having with my sense of balance. Any sudden movement of my head or movement while sitting in my desk chair causes me to lose my balance and become nauseous. Also when seeing TV if there are certain scenes,such as movement across or up and down the screen my balance is affected. The doctor said that what is causing the problem is Meniere's Disease. Does any know if this could be secondary to tinnitus and if it would be rated separately from the tinnitus? If I am already rated at 10% for tinnitus and I could filed for Meniere's does any one know what it might be rated at? Thanks for your help. 68mustang
GlennieHB posted an answer to a question,I have a 30% hearing loss and 10% Tinnitus rating since 5/17. I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating. Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive. I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties. I don't know whether to file for a TDUI, or just ask for additional compensation. My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help. Does anyone know which forms I should use? There are so many different directions to proceed on this that I am confused. Any help would be appreciated. Vietnam Vet 64-67.
If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.
What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?
What,if anything, was listed as a contributing cause under # 2?
Was an autopsy done and if so do you have a complete copy of it?
It can be obtained through the Medical Examiner’s office in your locale.
What was the deceased veteran service connected for in his/her lifetime?
Did they have a claim pending at death and if so what for?
If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major physical contact with C 123s during the Vietnam War?
And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
VA C and P Exam – Do’s and Don’ts – VA Compensation Pension Exam
The following is written from a VA Compensation and Pension Examiners perspective relating to psychiatric exams. It is a good guideline for all exams but I only did psych exams. I’ve been examined by the VA for multiple problems and this is my format when I go to be examined. A little common sense and clarity ...