TCole70

Thanks for the link Ms. Berta, I am using it right now and reading up on some of the Voc Rehab issues other vets have had. However, I haven't found a case like mine yet. I will make a "b-line" to the RO first thing Monday to see someone about this. I will also go to IRIS and fill out the form and see what will come of that. I want to try to get some one on this before too many months go by. Thanks again for your expertise! You really helped. I wish you and your family a very Merry Christmas and a blessed New Year! :)

Been having an issue with my VRC concerning my monthly subsistence allowance for the past 5 months. I attended an eleven month online class and the allowance is based on the hours in-class AND a special time tracker made just for vets. The minimum hours I logged were over the required time allotted (IT Certs). Back in July the amount of the payments began to shrink. I called, went in and emailed my VRC and she gave a different excuse everytime. With my classes still going on, she cut me off completley. However, I am getting the approval letters from what my counselor swore doesn't come from her office, stating that I am getting the full amount for the month. Can anyone point me in the rigth direction? How do I get this resolved and get retro for all the hours? I have completed the course successfully and have the time cards from the school. Who do I take this issue to? My VRC is the head counselor so I don't know who else I can go to. Any help will be very helpful. Thanks in advance! TCole70

I've rewritten the 21-4138. Am I getting the wording right? Too much? Not enough? VA Form 21-4138 FOR SECONDARY CONDITIONS.pdf

Good Morning 71, Thanks for that insight on how to word this. Your suggestion makes it a bit more understandable. I am still going through my records and trying to organize it and write everything that pertains to my claim down. A lot of the issues I'm dealing with now I didn't have when I was discharged, but are a result from the treatment or lack thereof, of the conditions I am rated for. So I am still researching how to word the form for secondary conditions. Tried asking the DAV and the VSO from my county and the reps at the RO. The posts on here have been very helpful thus far and I thank you all for your insight. I still have a lot questions, but don't know to quite word them right and I often write too much, so I will try to work on that. Thanks again for your help and I will rewrite the form.

Ohhhhh OK. I will rewrite that part then, because I have my C-File and the copies of my MEB and SMRs. Thanks so much broken!

Yes ma'am, I will rewrite it and attach it again. VA Form 21-4138 Statement in Support of Claim.pdf

Evening Hadit Family, Just wanted to know if I am on the right track in the wording. I am trying to keep it as short and to the point as possible, from most of the posts I've read thus far. Could you give me the "thumbs up" or "thumbs down" on this and let me know if I am tracking or not. I'm new to this. Also, a few people have told me that I can use this form to file my secondary claims as well (I'm still researching on how to word that and I will submit a copy on here for your review as well) Thanks in advance for any input on this. God Bless :)

Gotcha....I will see how everything goes with the PTSD claim. Yea, been hearing that alot. I am doing everything I am suppose to with trying to get the nessasary consults, but I have getting those docs that won't budge. Some say I'm being too nice and I need to get "nasty" about it. I will continue to ask and see what my PCP says.

I haven't been rated on the PTSD yet, was dx with it in April by a VA doc and I've been in treatment for it for a few months now. So since I haven't been rated for that, do I go ahead and put in a claim for the MDD? I was dx with Insomina when I was still on active duty and it is documented in my SMR and it is well documented in my meidcal history. Since those symptoms were dxed before the PTSD, do I still word the claim as being secondary to PTSD? Been trying to get in to get a sleep study, but the Primary Care Providers I have had will not consult them for me. I will do new claims for the DDD and radiculopathy for my hand, right leg and toes. Thanks so much for taking the time to help me! I really appreciate it.

I'm considering that. I have been listening to the SVR archived radio shows latley and the lawyer I heard speak on there sounded like she really knew her stuff. I wrote down the number to call. Do you think I will need a lawyer at this point? Thought that was a last resort?

I am receiving current treatment from CAVHCS Mental Health for the PTSD. I don't have a civilian doc though, can't afford one at this time unfortunately. I will take your advice and file the 21-4138 for the MDD, Radiculpathy and Insomina, thanks for clarifying that. So the other conditions will be considered as secondary correct? It took years and moving to another state to finally get those CT Scans, MRIs, ultrasounds, etc. done; by the grace of God the issues I had through the years are noted in my Progress Notes. I am not taking any chances and I will hand deliver every claim to the RO. I've been hearing those "suck it up", "you don't look disabled" or getting laughed at in my face for years now.....I use to get to me which discouraged me and I would give in, but I am learning to overlook it now. I deal with enough stress as it is to allow people like that to continue to deter me. Especially with my finding this forum and understanding that I am not alone in this fight and there are fellow vets that are willing to help.....that goes a long way and I thank you all.

I don't have the money for an IMO and I have only been using the VA for all of my medical care. The only thing that I have that remotely resemble an IMO is a dx from a Board Certifies doctor in Pain Management and Anesthesiology I was sent to under the 120 day grace period while I was on terminal leave. I didn't even have that letter, but it was in the C-File. Can I use that as evidence? I am hopeful that I can get something positive out the claims without an IMO. I am studying the C.F.R. parts 3 and 4 and using the Progress Notes, dx's from my ER visits and the entries in my SMR that support the criteria. I already tried IRIS and I still waiting on a response. I've also tried eBenefits as well. But, thank you so much for your response and your expertise.

I'm trying to to get some guidance on the in's and out's of getting an increase on my current s/c disabilities and the secondary issue(s) that has formed from the treatment of those disabilities. Here's an overview of what I'm dealing with thus far: I'm currently rated at 60% 1. 20% Herniated Lumbar Discs L5 - S1 - this was intially rated at 30% and reduced to 20% back in August 2004 and I did not Appeal it due to not knowing the proper procedure, I did try the NOD and even attempted to go through my congressman, but it was still denied and I gave up. I didn't even know about a CFile or what Release of Information was. I thought that my SMR was the only medical records I needed. I finally found out about ROI and have copies of my VA Medical History and recently received a copy of my CFile; which has all of the inquiries from that congressional and the evidence that supported the NOD that VA denied, but I don't know how to put it together. 2. 20% Residuals, Right Hand Crushing Injury (dominant hand), Loss of motion in three fingers 3. 20% s/p anterior discetomy and fusion for compressive cervical myelopathy including C5 corpectomy strut graft and anterior plating. The secondary issue(s) that are documented in my Medical History 1. Lumbago 2. DJD 3. DDD with Schmorl's node and vaccum phenomea and broad based bulging ligamentum annulus at L5/S1 level (findings from CT of Lumbar Spine in March 2011) 4. Chronic Insomina 5. Major Depressive Disorder, Moderate, Recurrent 6. PTSD, Chronic (dx in April 2011, currently attending a weekly PCT Group and consulted to a Track 1 Group) 7. Chronic Constipation 8. GERD - Hital Hernia - r/o lesion gi tract (from Oct 2010 EGD by VA) 9. Hemmoroids - (dx from June 2011 Colonoscopy from GI Specialist referred from VA - 2nd colonoscopy, VA did one in Oct 2010 along with EGD) 10. Chronic numbness in right/left toes - specifically big toes 11. Chronic Weakness/Numbness in right leg 12. Calculus of gallbladder with other cholecystitis (gallbladder surgery Oct 2010) From my attempts to research the subject matter on here throughout the forum, which has been helpful. I am still lost on what to do. A lot of the legal jargon is frustrating me and there is so much additional information that is confusing me as well. I am doing my best to practice as much as I can on filling out the forms that I come across from the links here, before I take anything in to file. I made the mistake of going in and filing the PTSD claim without doing that and I still haven't heard anything back from the RO about that one. However, when I got a copy of my CFile, I noticed a copy of the VCAA concerning the claim, but I did not get that letter. And it was dated being sent out back in May. How do I address that? From researching the PTSD requirements on here, a) I requested a copy of my military files to assist in identifying my stressor (which I got a letter stating that my records or DD214 could not be found) b) I have statements from family, former co-workers and former employer and former landlords in support of the claim. c) I am attending all scheduled appointments for treatment and have tried the rounds of perscribed medications (although the Zoloft is ineffective and I have had bad allergic reactions to the other meds - Elavil, Trazodone, Prazosin, Temazopam) Since VA has that copy of a VCAA letter in their files thinking I received it when I didn't, will that hurt me? Do I need to refile or wait until it gets denied and appeal with the information I have thus far? I have made several attempts through eBenefits, the 800 # and even contacting a rep in person at the RO about this and I just get referred back to one of the three. Since I am finding evidence in my CFile that the reduction for my herniated disks was without merit on the part of VA, because they stated in my NOD, ("we have not accepted your claim for herniated lumber disks L4-S1 as a Notice of Disagreement because we have NEVER made a decision as to service connection for this condition, because you have previously claimed this condition."); although a copy of the rating decision for that exact s/c condition is in my CFile. How do I address that? I have tried to research and find a quality VSO or DAV rep here, but have come up with "nada" (only people telling me it's too late to do anything about this or I'm faking). I'm afraid I'll have to tackle this on my own, and from some of the topics here, it seems like that will be my best bet. I just need some advice on how to word the forms and hopefully they will get to the right person in a timely manner. I just want to finally get treated with some type of dignity and respect. And finally get the root cause of my disabilities treated the way they were promised. Any input will be highly appreciated and I thank you all for your service to those of us who have served! God Bless

Good morning Ardinie2006, First of all WELCOME and you are already heading the right direction in your journey in getting your benefits! (My lil Public Service Announcement...LOL) I'm still in the early stages of getting my claim paperwork together, but I will tell you what I know thus far. Have you requested for a copy of your C-File? If not, be sure to get that request in ASAP, because the very evidence you may need to help is in there, especially some of the evidence that VA used to deny you, which I am finding in mine, so that C-File is instrumental ok? Just go to your Regional Office and see a rep and tell them you would like to request your C-File via the Freedom of Information Act and they should fill out the form for you to get it. I don't know how long it will take to get that file because I varies. Some here said it took several months, I got mine in 2 months. The important thing is to put in the request as soon as you can. Now, to apply for s/c injuries that wasn't covered in the intial C&P Exam, I do believe you will have to fill out a VA 21-4138 "Statement In Support Of Claim". Like I stated above, the majority of the evidence you will need will be in the C-File, by the way, do you have any copies of your Medical Records? Alot of the supporting evidence will be in there also. The only thing I can think of about challenging the decision is the file an appeal with the Board of Appeals - BVA. Once again, the C-File and your medical records should hold the nessacary evidence to support your claim. From what I have learned by reading a lot of these posts here, it would be a plus if you are seeing a civilian doc too (that's where the IMO - Independent Medical Opinion), comes into play; although some docs charge a nice chunk of change for the IMO. But, it depends on who the doc is and what area you are in. As with claiming for issues associated with the Gulf War, I'm finding that to be a challenge myself, but from my research you will need to get in touch with a VA Envirnomental Health Coordinator at your VA hospital and set up an appointment for a Gulf War Registry Health Exam. I am still waiting on my appointment, once I get it and complete it, I will make sure to let you know what to expect ok? Try to learn as much as you can on this too ok? It is a lot of information to digest, but our fellow vets in this forum will help you as much as they can! And as they always tell us, "Tackle it a bit at a time". To apply for an increase of a already rated s/c disability, you will need to fill out VA Form 21-256b - Veteran's Supplemental Claim for Compensation. I don't have any expereince with VA law (still learning some this myself) but you can try to search the forum topics for it though. There are some very helpful links to what you may need to further rebute the decision in those forums. Just try to pace yourself when preparing your paperwork, which is easier said than done when you know you are being wronged and at your wits end, but it does get better. I hope that helped some...(smile) Welcome again and I wish you the best in your journey in getting your proper benefits, all of us here have either been there or walking right along aside you!

Although I am new to all of this, I will pass along any new information that I learn as well. Didn't know how intensive this process can be on you all like that and I will do my part to not overwhelm any of you. God Bless the wonderful elders of this forum for their continued and unselfish contributions to those of us who are completely lost in the dealings with the VA claims process. You are ALL GODSENDS!

Here is all the information that I know of at this point, I am still going through the CFile. I've tried using the VSO and DAV (at the hospital, not the RO - will try the DAV with the RO first thing tomorrow) and those reps eyes glassed over when I asked them for assistance and sent me on numerous dead ends. Hopefully the DAV at the RO will be more helpful. All I ask is to just have someone point me in the right direction and find someone that will geniuely try to get me the proper treatment and hopefully get a somewhat decent quality of life. No special treatment...just a fair shake. And I thank you for doing that! This forum is a godsend and I wish I had found it sooner, but I am grateful that I found it. Thank you so much.... 1.What are you claiming (current disabilties you have documented treatment records for) These are the current documented disabilities: a) Chronic Neck Pain - (Foramina encroachment by osteophytes between C7 and T1, Loss of cervical lordosis with straightening from muscle spasms, status post fusion C4 to C6 with small anterior and posterior osteophytes, Chronic numbness/tingling of fingers of both hands) b) Chronic Low Back Pain - (Loss of Lumbar Lordosis with straightening from muscular spasms, Schmorl's Node in the Inferior Articular Facet of L5 with vacuum phenomena, Broad-based Bulging Ligamentum Annulus at L5-S1 level, DDD, Chronic numbness/tingling of toes in both feet) c)Insomnia, chronic d) GERD e) Gross Hematuria f) MDD, Recur, Moderate g)PTSD, Chronic h)Hypertension i)Hypercholesterolemia j)Chronic Constipation I'm currently rated 20% SC for Spinal Fusion 20% Loss of motion of three fingers (dominant hand) 20% Lumbosacral OR Cervical "Strain" - Intial wording of claim was Herniated Disc, Lumbar, L5-L6 (although there is no such location as L6, but S1, but it "mysteriously" changed to strain during the transfer of my medical history from the Atlanta RO database to the Montgomery database (at least that's what I was told, since my Ga history is treated as a seperate set and no matter how many times I go to eligibilty and ask them to combine the Ga history with my current reocrds, nothing has changed, so I have two seperate sets of records that contradict). However, I have a copy of the original claim wording and the wording of the decision from the Atlanta Decision (from C-File) that actually states: SUBJECT TO COMPENSATION (1. SC) 5237 HERNIATED LUMBER DISCS,L5-L6, SERVICE CONNECTED, 20%, FROM 07/19/2001, not the current wording of Lumbosacral Strain that is currently in my AL VA medical history. 2. and how they tie in to your service. Underwent a s/p anterior discectomy and fusion for compressive cervical myelopathy including C5 corpectomy, strut graft and anterior plating. Right hand crushing (underwent reconstructive surgery on 3rd, 4th and 5th digits with fusion of 3rd and 4th knuckles that now move as one) Lower Back Injury during training for deployment with episodes of loss of bladder and bowel control, inability to climb stairs, chronic loss of feeling in right leg with frequent falls - issues are in SMR and mentioned in the first and only C&P Exam (06/30/2004) I have ever had since my discharge (07/18/2001), which was reduced from 30% to 20% although the C&P dictation clearly stated that my symptoms were either worse or unchanged. I did not know about the appeal process and my "Due Process Expired" as the copy of that rating decision states. For the number #2 you will have time to gather evidence for once the claim is filed.

@ David - Wow, your case is eerily similiar to mine. I had a C4-C6 fusion at Tripler and was boarded out from complications from that surgery, migranes (which I didn't claim when I got out - MY FAULT, didn't know). Throughout the years VA has DXed me from Lumbago, DDD, spinal stenosis, osteoarthritis, something called "Allerg Arthritis Nec" (still don't know what that is), Displacement of Intervertebral Disc, GERD, Chronic Neck Pain, Chronic Back pain, Gross Hematuria, Moderate MDD/Recu, Chronic PTSD.....not to mention other issues that was in my C-file that I am just discovering. I am trying to learn how to properly apply for these conditions as well. This forum has helped tremendously! I had never heard of a C-File until I came here. Still a lot I am still trying to digest and all of the different regs, sites, BVA decision rulings...can seem a bit overwhelming, but you (we) are not alone in this and that thought helps me when things seem too daunting. @ Berta - there is so much to read for just one subject......and it takes a lot out of me. I have so many issues! I've been misdirected for so long, I don't know how to focus on the most important. From going through my C-File, there are things in there that I have never received, but it is stated that I did and was used to support the way the Atlanta RO reducing my percentage back in 2004 (I had no idea about the Appeal Process, Release of Information, my right to my VA Medical records or any of the things I am learning from this forum. How do fight this? I've went to my area VSO and DAV, which was unfruitful to say the least. I've tried the Patient Advocate, who just blew me off. I am saving as many of the forms as I can, but I am unsure on what to put in them, i.e, TDUI, UI, SSD....etc. I'm reading as many topics on these as I can, but I am still lost. My ability to concentrate has deminished to a point of embarassment and it's frustrating, but I am hopeful that you or the other members can help me with my journey. I want to be able to fill out the proper forms in the right way the first time, even though they may initially be denied, but at least I will have the proper foundation of the claims process. There are so many things issues I'm discovering that VA (Atlanta) already knew about and did nothing to inform me. I didn't know then what I am learning now (as I continue to go through my C-File). How do I go about getting the proper wording in my claims for increase and possibly the claims on the issues in my SMRs that I had no idea about that I am finding in the C-File? I have contacted the rep to schedule me for the GW Registry Health Exam and I am waiting on the appointment. I am having a hard time getting my PCP to see me, who is a NP and the second PCP I have had. I've called the Nurse Healthcare Line and left notes (have copies of calls), even used the Secure Messaging feature on HealtheVet site....never responded back (made sure to print emails). The Patient Advocate was no help and basically told me I was S.O.L. (I use the CAVHCS Montgomery) If I am still in the wrong topic for this please let me know and I will try to figure out how to move this to the correct topic. I have so many questions.....

Thanks for this great information! You are a godsend! I am still new to this and all of this is so overwhelming. I have contacted the VA Environmental Health Coordinator trying to get an appointment to get my GW Registry Health Exam. It took a few months of phone tag, leaving numerous messages, physically going to the office (which the Coordinator was never in) and finally emailing. Still was given the generic response, "Someone will send you an appointment in the future". From some of the issues I have read at the site you provided in this thread, I see that I am not the only vet suffering from issues VA is trying to blow off and say is not associated with my deployments. I just received my C-File (another thank you for leading me to that), and I am in the process of combing through it (overwhelming). I'm breaking it down into parts since it is so much to process, but I am finding so many discrepencies and I do not know where to begin to dispute them. I know this is not the topic to bring this up in and I apologize, but I need some assistance. I am going to the RO tomorrow to get in to see a DAV rep, but from some of the experiences you guys have had with them, I'm not sure I want to go that route. I tried using my VSO, but they were a waste a time....I knew more about some things than they did, which was not a vote of confidence. Been blown off and misdirected for so long, I don't know how to handle the claims process. Can you help?