[C&p 180]

-- The short --

Today our VSO calls and says the report is a 180 from what we expected with a "More likely then not"

The report, written up days after the first exam, pulls up some unrelated data from non VA medical documents and goes off in a different direction.

The VSO told us to write up statements on VBA 21-4138, from each of us, detailing how the exam did not include any questions during the exam about this, explain the statements from the non-VA medical records, and get them in ASAP. He would try and get it ignored and a different C&P requested.

Is this normal to have someone exam you, tell you clearly its related, then the report comes back the opposite??

Is there any practical chance to intercept this and work on it now, or are we doomed to the years long appeals board process when this comes back with a denial letter in a few weeks?

-- The long --

The first C&P in 2011 needed a do-over because it failed to include any nexus statement. Those items were put down as deferred and a new C&P was ordered from the Gathering of Evidence stage.

On 8/22 the 2nd C&P exam ended with "without a doubt the loss is service connected" from the DR and out the door we went.

The 2nd Dr even read the first Dr's notes and said "yes, I can see where she says this is service connected, she just didn't put it in terms for the regional office"

He also asked for a follow-up peripheral vision test, which was done last week.

We called our VSO after each appointment to update them on how things went.

We have been very positive.

Regardless, we are working on the statements in support of our claim now, and will sign them and have them in our VSO's hands bright and early when they walk into tomorrow morning. It can't hurt to try. Both of us were there on a redo of a C&P, prepared and listening carefully. It just doesn't make sense that we both had rose colored ear muffs on.

[Prepared Written Statement For C&p Exam?]

He has been on Social Securty for nearly three years due to his blindness, and his original claim was for his vision loss. A VA doctor recommended he talk to the psychologist with regard to issues resulting from his vision loss, and they diagnosed him with PTSD.

We were told he can't apply for TDIU until the deferred issues (his vision) have been resolved. He does not work.

Thank you, John, for suggesting maybe just some notes to help keep him on track! That might really help!

[Prepared Written Statement For C&p Exam?]

Thank you, Berta. I think the primary reason for the do-over on this C&P is because the original doctor who examine him didn't include a Nexus statement with her history and physical notes. The injury to his eye is documented in his SMRs, however, the injury exacerbated over the years to the point of legal blindness. Which is ironic, because he was awarded 70% for PTSD, which was a direct result of the accident that cost him his vision!

He's been seeing the VA corneal and retinal specialists for two years, so his information is fairly well documented that way, but I just know that he is in there at that appointment rambling and going on and on when he's asked a question, and his answer may not in any way actually answer the question - or he's answered it in a way that you have to piece the actual answer together.

UGH!

Thanks again for your input. We may have to rethink our strategy.

[Prepared Written Statement For C&p Exam?]

My husband is schedule for a repeat C&P exam next week to follow up on the deferred issues (his eyes) from the recent settlemet of his claim. He has PTSD, and he has a hard time getting to the point with things, which I think is part of the problem from the first opthalmic C&P exam. He has a tendency to ramble, get off topic, and issues get confused.

I wanted him to sit down before he goes and type up a written history of the accident, his onboard treatment, follow up medical treatment when he was discharged, and the progression of his issues since then (he is now legally blind in both eyes). His concern is that they won't accept the statement, or if they allow such things, there must be a form that you have to put it on.

Are we allowed to do this? Do they consider it as part of the exam, or will it be dismissed? I can go with him to the exam, but the first time, the doctor clearly directed all of her questions to my husband, without giving me an opportunity to cut to the chase.

Is there an official form for this?

[Reason For Deferrment - C&p Exam :-(]

My husband just got off the phone with a really nice woman from the VA with regard to his claim. We got a call two weeks ago saying he was approved for PTSD at 70%, but his other issues (legal blindness as a result of corneal damage and retina detachments stemming from numerous surgeries following an accident while onboard ship) were deferred.

Ironically, the PTSD he suffers is as a result of the accident, so they approved PTSD based on the injury in the service but didn't approve the injury - but I digress.

So, she tells us that when the eye doctor at the VA hospital in Philly did his C&P exam, the doctor failed to put in any of the standard language they expect to see in the exam report (as likely as not; likely; not likely; etc.). She did a very thorough exam and a history that documents the injury, but no where does she relate the condition of his eyes and the accident. She doesn't indicate it's not connected, she just wrote a standard medical report (here's the history, here's today's exam, thank you for allowing me to examine this patient).

The VA is sending her follow-up email, but we don't know the language in that email. The rest of his claim won't be considered until they get a response from this doctor.

So, I guess my first question is - is the email part of his medical records, so we could get a copy of the email and the doctor's response? Should we assume she wasn't familiar enough with the C&P process to know how to do the report as required by the rater? I'm not even sure there's a way for us to contact this doctor to see if there's something we could do to help her?

We're approaching the end of our second year since the claim was filed, and I'm just hoping to find something I can do so I feel like we're being proactive.

Thanks for any insight!

Anna

[Should We Be Celebrating?]

Thank you both. He works with Ed Eckroth over in Philadelphia, and we haven't gotten any written documentation yet. I don't know if he's eligible for any SMC - he still has some sight in both eyes, although not enough to drive or anything that he needs his vision for reliably.

I'm both excited that we finally heard something, and terrified that we spent all this time and we might be looking at another long time. I'm an instant gratification kinda girl - the VA and I are completely incompatible!

[Should We Be Celebrating?]

So, my husband's field rep from the BVA called today to say he had news on my husband's claim after 18 LONG months!!

He has been rated 70% for his PTSD, but his vision claims have been deferred.

I'm not sure what deferred means, and the BVA rep wasn't sure why they would do that. The PTSD is related almost exclusively to the incident that caused his eye injury, which has led him to be legally blind. He is permanently disabled, collecting Social Security.

So, while I am THRILLED that we at least heard SOMETHING, I'm not sure what "deferred" for his eye issues could possibly mean. What else could they want from us? He's done C&P exams with both corneal and retinal specialists already, and we've sent a file nearly 3 inches thick with medical records from his personal corneal and retinal surgeons.

So close but yet so far!!

Anna

[Update To Biding My Time!]

So, when I go to eBenefits, it says "Preparation for Decision". Is that the same as the letter stating it's at the Rating board?

[Update To Biding My Time!]

We can pay the money back in monthly increments, which we'll do. Of course, that would be infinitely easier if there was VA money coming in, but we shall see.

The biggest issue I have is that the "discharge" is conditional - they don't make that permanent for 3 years. So, if something happened in the next three years that enabled Jim to go back to work, we'd owe the student loan money back. And then they'd owe us the taxes back. UGH. Gotta love government!

[Update To Biding My Time!]

Yes, the loan discharge works the same as doing a short sale on real estate.

The negative shortfall (discharge) becomes a positive income.

Have you checked or had a professional tax company - check that

"now owe $20,000 in taxes on his student loans".

The seems extremely high - is why I ask.

Jim was an accountant before his eyesight became too bad for him to work with numbers in that fashion, but we did have an attorney look everything over. He's got student loans that took him almost to a doctoral degree, so there was a significant amount of money discharged, which is why we owe so much in taxes!

[Update To Biding My Time!]

Oh, that VA! Always keeping me on my toes and giving me new things to stress over! If I wasn't so fond of this darned husband of mine, I'd be tempted to hand him off to a younger model and let her deal with this nonsense! At my age, I can't afford any more grey hairs or wrinkles!

Today, we got a two inch thick packet of papers from the VA. On top of this enormous stack of papers is a letter that says,

"Dear Mr. S - We continue to work on your claim for *bliateral legal blindness *any neurological condition claimed as severe occular migraines/headaches *any acquired psychiatric disorder to include post traumatic stress disorder claimed as depression *any hand condition claimed as a knife wound (during the accident where he suffered the burns to his eyes, the guy that had cut the line also cut through the knuckles on my husband's hand).

IMPORTANT INFORMATION

We have determined that we have everything we need to send your case to the Rating Board for a decision. We are returning duplicate evidence that is already a matter of record in your claims folder."

So, I guess we are still at the hurry up and wait phase - but does this at least mean progress? Does this usually turn into a months/years long thing as well??

You have no idea how much we need good news right now. Because of his disability, the government just discharged my husband's student loans, but guess what? The portion they discharged became taxable income. We now owe just about $20,000 in taxes on his student loans. We're now almost sorry we applied for the discharge!

Thank you guys for everything. I feel much more sane and much less stressed writing everything out here.

[Help With Pending Va Claim]

Hi, Aggie, and good luck with everything!!

[New Guy]

I just wanted to wish you good luck! I know how hard the hurry up and waiting thing is, but this is certainly the best place to bide your time!

[14 Months And Still Gathering Evidence?]

beautygirlsmom, I aways wondered who took care of squids when they went home (I'm a Marine)

I'm not sure what you meant by PTSD support group, but up here in Minnesota theres a 13 week inpatient program you can go through and get everything documented, the VA lives on paperwork, beat them to the punch and look in to it. And this perhaps my most important point: You are his advocate, it's up to you to get this done. My old lady lived and breathed the status of my claims for the first couple years, When I would piss and moan nobody listened, when she got on the phone people listened and things got done. I wish you and yours the best.

Oh yes, there are a few of us that are suckers for a squid. As adorable as that Marine uniform is, there's something about a sailor <3 Of course, my dad was in the Navy, and I think if I had brought home anyone other than a sailor, he would have disowned me!

He goes to the VA hospital in Philadelphia for a PTSD support group each week. They meet for an hour, talking about how they handle this disorder, strategies for dealing with different things, etc. The only inpatient program that has been recommended to us is in Connecticut - and it's a program that basically sounds like occupational and physical therapy to help blind vets relearn various things now that they are visually impaired.

[14 Months And Still Gathering Evidence?]

bg,

Are you referring to a Blind Veterans Association field rep ?

If not please clarify who the rep is or what organization they are with.

BVA as in Board Of Veterans Appeals does't have field reps -

so I'm trying to figure out who / what org - this vet rep is.

Thanks

I'm sorry - yes, he's with the Blind Veterans Association! My apologies!!

[14 Months And Still Gathering Evidence?]

I had to laugh, Chuck! I've painted my kitchen, and I went back to school full time. Both of those helped take my mind off of things for a while! But these days off from school - I might need to read up on that stock market thing!

I guess I'm overly concerned because my husband is legally blind, and he's not of much help in going over the information I'm accumulating or the forms I'm filling out, and I think I relied on the BVA Field Rep for his expertise, only to find out that he's not terribly reliable. I took a huge binder of all of my husband's medical records, military records (the few I had), surgical reports, Social Security declaration of his disability, etc. over to the guy, all labeled and divided into sections, and pretty much everything that was in there, that he claims he sent over, all seems to be on the list of things they claim they don't have. I had hoped this would all be over by now! I'm getting too old for all this stress!!

[14 Months And Still Gathering Evidence?]

I just want to say how much I admire all of you who are so patient in working with the VA to see your claim through. And I thank you all for the incredibly valuable information you have provided people like me, struggling to figure this whole thing out - especially the time frames.

I just don't know how to deal with the frustration. My husband has a BVA Field Rep who NEVER calls us back (we're waiting up to a month for a call back on our last call, and the time before that, we never got a call back until we called the national office). He told us back on December 1st that my husband was "going for a rating". Every time we check the eBenefits, it tells us they are "gathering evidence".

We've hand delivered documentation, we've faxed and mailed multitudes of copies of things, and even though I know that I personally handed paperwork over to the BVA Field Rep, it still shows online as documents that they haven't received.

You guys all have nerves of steel. To add to the frustration, there are two guys at my husband's PTSD support group who claim they were rated within 3 months. My husband didn't even get a C&P exam until 10 months after we filed the claim!

So, how do you bide your time? Chamomile tea? Meditation? Throwing things (that used to be my favorite, until I realized I was the only one picking the things back up!).

[Just Wanting To Introduce Myself]

Oh my goodness - thank you so much! To answer your questions:

He did not leave the service as a result of the accident. The doctors he saw in the service would prescribe drops or tell him to use Visine for the irritation, and eventually, it would clear up on it's own. He was honorably discharged in 1992, and received no separation pay.

This has been some crazy roller coaster of a ride! To going from a year ago not even knowing that he was possibly entitled to benefits, to jumping through a seemingly endless array of hoops once he was told to apply, to feeling somewhat confident based on the opthalmic C&P exam to getting a copy of the report and not knowing if it was good or bad - holy cow - a person could get PTSD based solely on this whole experience!

Thanks SO SO much for this chart - it looks like according to this, he's at 90 for his visual acuity, but then he's 10 for three other things. I guess time will tell.....

[Just Wanting To Introduce Myself]

Hi, Everyone! I have been reading and gathering information here for nearly a year, and felt it was high time I officially said hello. I am not a veteran, but I am married to a Navy vet who is legally blind as a result of a chemical accident on board ship. The accident occurred back in the late 1980s, and he left the Navy in 1992, but we actually never thought to look into VA benefits. We were well insured through his job, but through the years, the vision deteriorated to the point we are now - legally blind. He was forced to leave work in 2009, and he get Social Security disability as a result of his blindness.

He just had his first C&P exam last week, 10 months after he filed his initial claim. I've got so many questions now, I don't even know where to look for answers!

So, thank you all for the information you've provided. I have to tell you, it's kept me sane on more than one occasion when I feel like we're not getting good answers from the VA on the whole process. I can't thank you all enough.

A