olenavygoat

I've been asked by my last two employers if I should be operating motorized vehicles and/or machinery with the types/amount of meds I take. Hopefully the atachment comes thru with this posting. Thanks! Tom__s_meds.rtf

An independant IMO from your private physician will hold a lot of weight, but even moreso if it's a specialist. However, to increase your chances you need to make sure to have your doctor review the VA's C & P exam outline and follow it to the letter. You should review it and the rating schedule as well so that you can afford your doctor all the ammunition they need to write a bullet proof case for you.

It's been my experience that if they are providing you medication and/or therapy and it helps to any degree that they have the condition "under control". So in the raters eyes the condition would rate one of the lower ratings found in Title 38, secret decoder ring section. What the rater will also use along with the psych's notes is the Global Assessment Functionability (GAF) score that points toward your interaction in real life situations. Typically the lower the score the higher the disability rating. So it's important that you reveal just how bad things are in person with the psych as you do when filling out a GAF test. There again, you typically take the test once, then the psych notes during therapy where your score is. So in short to answer your question, it depends on the severity of your condition with their meds and therapy notes as to where your rating will fall. I also take quetiapine but for nightmares associated with ptsd. I believe it's the VA's med of choice for medium mental disorders!

Hello and welcome! You'll find a great deal of knowledgeable folks as you can typically see by their ranking and membership title. There is also a wonderful research segment you'll wish to peruse. Your absolute best bet is to print off the C & P exam and have a physician (specialist is best) to perform it if you can at all afford it. It ticks the VA raters off because it's nearly impossible for them to refute an Independant Medical Opinion (IMO). You may wish to elude to the fact that you are trying to create a nexus linking your service connected injury to service, "so the VA will help you". I'd be careful not to offer up any info. about ratings, compensation and such, they may be more willing to reach the conclusion you seek. Do make sure you review the requirements for what you're trying to get rated and pay close attention to percentage requirements. You may need to do a titch of leading around the barn. I would certainly submit a notice of disagreement if it's within a year of your C & P to preserve your original file date. If it's past the 12 months then you have to prove they committed the error which is you against a VA doctor, hmmmmmm, who'll win that one? Good luck and I'm certain others will have more to add in your quest for what is right. The biggest thing, it's gonna take some time. So make sure you hang in there and don't miss any dates for sending information to the DVA or they'll shut you down and you'll need to bring even more evidence to the table.

Carlie hit it on the head. The best one to take care of a veteran is the veteran. We are the ones that must sit and take the trip down memory lane to recollect what injuries were incurred and try to find supporting info. in our medical records. It may even be a situation especially with combat and accident injuries) where a letter from a buddy or relative may do the trick. About the only thing I've known any of the "veteran organizations" to do well is to look at the claim and make suggestions. Also let your friend know that it's imperative to submit as much pertinant supporting documentation the first go-around or it will delay claim processing even more.

Me personally; to someone reviewing your records and seeing that you'd made an attempt to take on a new career, and failing, would tell me that you just may need some help?! Many disabled veterans drop voc rehab, not because they're lazy or inept, but because of pain and lack of concentration. Use this to your advantage. However, I don't think trying voc rehab while trying for TDIU would be a good idea in general as some may try to use it against you if you were doing well without a strong enough justification of dropping out.

You may wish to check with T-Bird (site owner/administrator) to see if she's already loaded the info. you rendered somewhere in the Hadit site. If it's not maybe she's be kind enough to draw attention to it fo you.

The first step would be to request a copy of your c-file (compensation & pension and VA raters notes) from your DVA Regional Office and your service medical records (if you don't have them) from St. Louis. Review all very thoroughly to see if you can find either something they missed or erroneous information. Identify each and every notation that could substantiate your claim. You may also ask your local doctor if they'd render a "independant medical opinion" (IMO) connecting your condition to the time-frame in which you served. Sometimes I've found the c & p examiner plugging in findings on topics not covered during their exam.

Sorry, yes did read 4.16 which speaks of what I listed about the percentages and combinations, did I miss something in 4.16 that may help Phil?. I stated it to the VA very clearly about PTSD w/major depression, TMD/TMJ, Max sinusitis and radiating pain from C-spine all being of one major bodily system. The VA still denied TDIU, stated that I still work. I'll do some digging using the referenced material (thanks John/cloudcroft!). Thank you all for your expedient responses. And my apologies for screwing up on your sign-on name Bob. Sincerely, Tom

I'm currently rated at 80% mostly due to the help by this site and sixthsense. My ratings are; 30% PTSD with major depression 30% Max sinusitis 10% right knee (0% left knee) 10% Tinnitus 10% C-spine 10% Lumbar % T-spine 10% TMD/TMJ (Bi-lateral) 0% headaches Presently extraschedular requirements for TDIU dictate at least a 40% rating among one of your ratings. USC Title 38, Chapter 1, Part 4, subpara's 4.15 and 4.8 goes on to read that there may be some room to negotiate 100% TDIU by extraschedular if there are substantial issues with "one single major body system". I went from working a desk job ($27,000) that was getting to me mentally assisting other veterans with their issues to a job as a inventory manager which I failed at and was demoted to a shipper position (from $35,000 to $10 an hour). Unfortunately being employed, no matter the issues I have, the VA deems me employable. Naturally if I don't work my bills go unpaid, if I stop working I starve to death and lose everything I worked for over the past 30 some odd years! I've gone from a position that made my mental issues worse to one that now aggravates my physical issues, which in turn, I lose sleep and never feel rested. Even using the IFC the VA issued for deep tissue pain relief, it's only temporary. If anyone has a recommendation or a case reference that has been successful in obtaining TDIU I would love to receive same. Thank you in advance for your time and indulgence.

Definitely. Subject line; "Formal Notice of Disagreement and additional secondary claims" Make sure you use a reference line to connect it back to their document you are rebutting. Make darn sure you look at the USC Title 38 to make sure you actually have the additional conditions to get you that far. Your new items entry line; "New Claim Items for secondary conditions to service connected disability" List the secondary issues and all supporting reference info., include any proof linking them to service. If your secondary issues are relevent to the 50% rated item you may wish to list adnl info so that we can tell if you are subject to pyramiding. Either way, if you have been unemployable, submit a TDIU form as well with the package.

What they do is, o.k., what they're supposed to do is define your GAF, add your stressors and other reactions in the DSM IV and come up with a rating. Looking at USC Title 38 it would appear that a 55 and medium other conditions at a minimum I think should be closer to a 30% rating. Have you looked at any PTSD sites to make mental and written notes on what reactions to life you experience? If not I would strongly suggest sitting down with someone very close to you that's not afraid to tell you th etruth about how they perceive you. Take these notes to your next session with th epsychologist and discuss every single one and ask in a very firm manner before you start that th eitems they are reviewing with you are entered into record. If you would like to look at some secret decoder rings of the VA shoot me an e-mail and I'll send them to you. ole_navy_goat@yahoo.com

You'll probably need to start here with what you are either applying for or at least what you wish to accomplish. Need to know; are you filing a new claim, a notice of disagreement, etc.. Are the other meds you take for the mdd or at least another sc condition(s)? If the two meds for mdd have these side effects listed, how many actually occur? Of the others you take, what of these side effects occure. The you can look at putting together a claim for secondary medical conditions related to a service connected condition(s) depending on what it is. At a minimum I would make darncertain that each doctor knows what you're on just in case they miss it so they don't screw you up even worse! They had my dad on two different meds for emphasema and darn near killed him.

Hopefully he has his DD214 somewhere. If not he'll at a minimum need his social security card, drivers license and any other form of i.d. and military document if at all possible (Medicare). I hate to say it, but your best bet is to have him go to the emergency room before normal operating hours and complain of poor health condition. They'll ask him about his military service but will more likely than not do an in-process, process photo card request to be mailed to him and hopefully get his meds. It's not like the VA to do anything real fast doing it the VA way so this is the only shortcut I can advise. They'll take his word on veteran status because they can't refuse him, but he'll need to get proof to them pretty quick. If he needs his DD214 it can be obtained from the archives system. I don't have the web-site info at the house but you can e-mail me at work tomorrow if someone else doesn't shoot it to you. thomas.mccann@state.tn.us

I don't understand this either. If you submitted a nod, claims and a TDIU form I was under the impression that all of the files would go together to work on the TDIU request. Then, if in the process they actually look at your evidence and see if you could be rated 100% P & T without going the TDIU route they would work the new claims then appeals in order to send you a response. Their first duty is to look at your unemployability and keep you from living in the streets, then after the TDIU is awarded you can go and fight for 100% P & T so your spouse and children can benefit and spouse also receive Dependant Indemnity Compensation if and when you pass.

For SBREWER; File a VA form 21-22 with th eVA, old SO and prospective SO organization. However, if you can find someone who's been thru this quamire with th eVA to help you don't worry about filing a form, just listen to th efolks on here and if you can find someone local even beter. It does not need to be a SO at all, just someone who knows USC Title 38, DSM IV and so forth. Most of the research you can do on your own, it's not really that hard. Getting the VA rater, now that's a snake of a different color if they're lazy. If you want the materials to do your own research e-mail me and I'll shoot them from my office Monday. thomas.mccann@state.tn.us

It's a crying shame they are bragging about giving us "the right" to use counsel for getting what we are supposed to be entitled to?!

I'm afraid it's only going to continue to get worse for all veterans fighting for th eright thing to be done with their claims. Seems to me they're going to put many, many vets thru a lot of pain and suffering to me.

You may wish to review the signs and symptoms associated with sleep apnea, then your service medical record for any associated entries. Also, if you can remember discussing any sleep problems with any close while on active service see if you may be able to locate them and have them write a statement for you. Anything you can gather will help expedite and strengthen your claim.

That smells a bit fishy. Maybe it will post in their system on that date. Typically I've only heard of checks being direct deposited and then on the 30th or 1st. Just for grins and giggles I'd call back and ask for clarification.

I've not heard of a specific form for it either. It's nothing more than a detailed medical opinion from a medical professional establishing a "more likely than not" connection to service related condition to sway the VA disability rater to service connect your condition.

If you are still dissatisfied with their answer/efforts you could always put together an informal letter inquiry to the Regional DVA manager. Emplore of them to please forward a favorable reply expedentially in consideration of your condtions and monetary dillema. Return receipt request mail would insure your request is received and acknowledged.

Actually what you stated could be a bit mis-leading regarding VA Medical Center use for some new-comers Rick. Regardless of a disability rating, all veterans (minus Category 8, making more than $27K a year?) are entitled to use the VA medical system on a wage earnings co-pay basis. No special benefits other than medical treatment of a specific disability recognized by the VA are levied until the 10% level. Then you have a veteran preference when applying for state and federal jobs. How these points are applied depends on the state, typically 5 points for veteran, another 5 points for disability after completion/submission of Standard Form 15. In addition to being given priority of service at your local Career Center by a Veteran Outreach Specialist or Veteran Employment representative, disabled vets can receive special attention/assistance in job readiness and search. This is what I do in Tennessee and am presently rated at 70%.

Even though chances are that they are going to refer to the new doctor notes for rating consideration, it would be best to ask about a C & P exam. The majority of the time they do request a C & P, however if they feel the doctors notes for secondary conditions are adequate (for PTSD it's the shrink and medical doctor notes) they could choose to waive the associated C & P.

From the old goat to the old top; all of our branches have "US" in front of them. Me, I don't care if they call me chief or gunney, the beer tastes the same and we both have one objective in mind. It was funny, one day I had a cheery Marine Corps Captain in my office, both of us cutting up. You know how it goes, it goes back and forth, back and forth with all of the cute little quips. Then we discussed the Department of the Navy, his reply to me was; Yeah, we're in the Dept. of the Navy, the "men's department!". So simple, but the best come-back to that one I ever heard. Gotta give it old red, he is a riot. Know what he does for a living now? He works in a marina at the lake and loves it! That kinda stuff is what keeps up the rivalries to keep us mentally astute, so that we're ready to kick the enemies butt because we're so pissed that we each get to each other some times! It doesn't need to get petty, so keep it light guys and gals. Tom