garion

I talked to a VA Rep over Chat and this is what he wrote... Your claim is in the decision phase.If no additional information is needed, we will prepare a decision on your claimWhen I went back into Ebenefits, it no longer show a completion date and is still showing "Gathering evidence"? Ebenefit also show past due documentation but my VA Rep and VSO said there wasn't any past due documentation needed? Anyone else experienced this? Thanks in advance!

CONGRATS! Thanks for coming back to update us!

If you have a premium Ebenefits account, you can view all notes there. If you don't want to use ebenefits, you can go to the VA and have them print our your records and the notes will be in there...

Did the VA send you to this outside doctor to get examined or you did it on your own? If the VA requested it, your VSO will have a copy and you can get it from them. All medical results must be sent to your VSO. Every Vet should have a VSO even if you don't think you need one. Not having one is like going to court without a lawyer. Only a fool represent himself...

I addressed this in a earlier post. Why are vets letting C&P examiners treat them this way? I would have told her I no longer feel comfortable with her and will be filing a former complaint for harassment and will be requesting another C&P examiner. I then would have collected my items and went straight to the emergency room for treatment for the rough exam I was just given. I would have told her I am headed to the ER to see a real doctor for treatment for the pain you just caused and for re-aggravating my injury... Stop letting these people treat you like cattle!

Yes you can. It's a selection in eBenefits...

You can be rated on one hand or feet without being rated on the other. But let's say if you have a bad right knee and you were compensating for that bad right knee by putting more stress on your good left knee and now your left knee is bad, the left knee become a SC because of the right knee. You said the VA diagnosed you with carpal tunnel for both hands... Did you get rated for both hands? It sounds like you didn't so you kind of answered your own question... They don't need to automatically give you a rating on both extremities. But you can say because of your right hand injury, it causes you to put more stress on your left hand which in turn has worsened... But maybe someone else know more then me about this?

Most likely the rater will catch the mistake but let your VSO know of the error. Since the VA requested the exam, they know which one should be examined...

It sounds like the C&P examiner is suggesting that your disability rating (even though it's 0%) as service connected be taken away. The problem people run into at C&P exams is talking too much. What happens at C&P exams is Vets go in trying to convince the examiner that they have a disability instead of letting the examiner prove they don't... The only person you really need to convince of your disability is the VA. Your records will verify or discredit 95% of your claim. The examiner is giving his or her opinion like the other doctors you are seeing (hopefully at the VA) are giving their decision. Vets need to stop going into their C&P exams like they are going into confession... Give them vague answers to their vague questions... Many of their questions are double edged... Your answers should be the same. Sharing you coached your daughter baseball game should have never came up. Many C&P aren't their to help you...

I thought you only can be rated on one mental disorder? If you are already rated for Bipolar disorder, they will not give you a rating on PTSD. The problem you have is when you applied for PTSD, it opens all your mental disorders to be examined including bipolar. Please be careful at your C&P exam. The examiner is able to dispute your claim of Bipolar. Read the boards and you will see that it has happen to many people. You can walk in that exam with Bipolar as a disability and walkout with nothing... BE CAREFUL! My advice and it's only mine... If you feel you maxed out on one mental disorder, NEVER apply to be rated on another... Don't give VA and opening to take your rating back.

"As likely as not" or "not" was the on option the VA gave my examiner on my C&P exam. At the top the VA specifically said is the Vet "As likely as not"... Yes or No... On other exams I have seen it was the options of "More likely" or "Less likely"... Not sure if VA have changed the requirement or if you are already rated for a disability, they don't do the "most likely" or "Less Likely"... Mine said "As likely as not (50% or MORE)... Some people said their said "More likely as not (51% or more) which mad no sense? 50% or more is the exact things as 51% or more... As long as there a "more". it's pretty much the same. I think the VA is starting to just use the "As likely as not" or "less likely as not" ratings. It's either yes or no if you have a disability...

I would think 50% or more as well... Would they rate sleep apnea separate or together with Depression?

Sometimes the VA rename and combine disabilities. Could they have changed and combined it to this? "degenerative joint disease of the lumbosacral spine with spondylosis and intervertebral disc syndrome 20% Service Connected 10/20/2014" When you get your letter, it will explain all the changes they made. You can also call your VSO and he or she could explain the rating. Congrats on the increase!

I didn't even see a Psych for the first exam. They just rated me 10%... I didn't even request a rating for depression at that time. I wrote them a letter cursing them out for another rating they gave me and they rated me 10% depression.

Yes. I already have 10%.

Good day all! I am currently rated 10% for depression. I just took my C&P exam and this is what the doctor wrote. What do you all think my rating will come in at? Any opinion will be appreciated. Thanks! Mental Disorders (other than PTSD and Eating Disorders) Disability Benefits Questionnaire ---------- 1. Diagnosis ------------ a. Does the Veteran now have or has he/she ever been diagnosed with a mental disorder(s)? [X] Yes[ ] No ICD code: F34.1 If the Veteran currently has one or more mental disorders that conform to DSM-5 criteria, provide all diagnoses: Mental Disorder Diagnosis #1: Persistent Depressive Disorder, with Anxious distress, moderate-severe ICD code: F34.1 Comments, if any: Veteran reported, demonstrated, endorsed, or otherwise evidenced multiple signs and symptoms satisfying criteria for diagnosis of the disorder including: chronic depressed mood, anhedonia, insomnia, fatigue, low self-esteem, poor concentration, excessive worry, feeling tense, feelings of dread, feeling that he might lose control, hopelessness, and suicidal ideation. b. Medical diagnoses relevant to the understanding or management of the Mental Health Disorder (to include TBI): Cold injury residuals, chronic fatigue syndrome, diabetes, HTN, headaches, gallbladder removal, veteran reported TBI w/LOC during basic training at this examination 2. 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 Comments, if any: Vet reports he was knocked unconscious when he got hit in the head with a baton during basic training. reports he had some resulting vision loss in his (right) eye afterwards. reports that he went to a civilian MD after basic about it. did not seek any tx from military because did not want "to get held back" 3. Occupational and social impairment ------------------------------------- a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [X] Occupational and social impairment with reduced reliability and productivity 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 portion of the occupational and social impairment indicated above is caused by the TBI? [ ] Yes[ ] No[X] No diagnosis of TBI SECTION II: ----------- Clinical Findings: ------------------ 1. Evidence review ------------------ a. Medical record review: Was the Veteran's VA e-folder (VBMS or Virtual VA) reviewed? [X] Yes[ ] No Was the Veteran's VA claims file (hard copy paper C-file) reviewed? [ ] Yes[X] No If no, check all records reviewed: [ ] Military service treatment records [ ] Military service personnel records [ ] Military enlistment examination [ ] Military separation examination [ ] Military post-deployment questionnaire [ ] Department of Defense Form 214 Separation Documents [ ] Veterans Health Administration medical records (VA treatment records) [ ] Civilian medical records [ ] Interviews with collateral witnesses (family and others who have known the Veteran before and after military service) [ ] No records were reviewed [ ] Other: b. Was pertinent information from collateral sources reviewed? [ ] Yes[X] No 2. History ---------- a. Relevant Social/Marital/Family history (pre-military, military, and post-military): Veteran reports he has been married and divorced 3 times; his most recent marriage ended in ~2007. Veteran reports that he currenty resides in, in a house with his mother and youngest daughter. He reports his mother moved in after his last divorce ~8yrs ago. His eldest daughter also lived in the home up until last month, when she left to attend college. Veteran reports he doesn't have much contact with other family stating "my mom gets on me about not contacting my sister...for some reason I can't bring myself to call her... I don't really have contact with other family members... I have a brother too. I hardly ever talk to him." In regard to other social interactions and relationships, veteran stated "I don't really have no friends. I prefer being to myself." b. Relevant Occupational and Educational history (pre-military, military, and post-military): Veteran reports that he currently works for the blank. Reports he has had the same boss and basically the same coworkers for last ~8yrs, since moving to blank. In regard to employment and career, veteran stated "If I was in a civilian job, I would be fired, I know that... My boss is understanding... he's prior military, so the job works with me to try to help." Veteran cited difficulties with memory, attention, concentration, and worry as interfering with, and detrimental to, his work performance, stating, "even if I remember what I was supposed to do, because I wrote it down, I still can't do it because I don't remember the steps! And then I panic about that, and I get anxious and overwhelmed, which interferes even more with getting work done." c. Relevant Mental Health history, to include prescribed medications and family mental health (pre-military, military, and post-military): Veteran reports he does not take any prescribed psychoactive medications, stating "my doctor tried to give me something to help, but I didn't even pick up the prescription. I worry that if I take the meds, that'll make me hurt myself. Having thoughts is one thing; I don't want to take anything that will make me lose control." Vet reports he has not seen a mental health provider since last mental health C&P exam in March 2007, before moving to the blank area in ~2007. d. Relevant Legal and Behavioral history (pre-military, military, and post-military): Veteran denied significant legal issues when specifically queried. e. Relevant Substance abuse history (pre-military, military, and post-military): Veteran is a never smoker. He reports he may occasionally try to have A beer to "calm my nerves... but that doesn't help me, that makes me even more wired." He reports he last had a drink ~1 month ago "I can't even drink a whole beer really. I definitely can't sleep then. Veteran denied any use of illicit substances when specifically queried. f. Other, if any: No response provided. 3. Symptoms ----------- For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [X] Anxiety [X] Suspiciousness [X] Panic attacks more than once a week [X] Chronic sleep impairment [X] Impairment of short- and long-term memory, for example, retention of only highly learned material, while forgetting to complete tasks [X] Disturbances of motivation and mood [X] Difficulty in adapting to stressful circumstances, including work or a worklike setting [X] Suicidal ideation [X] Obsessional rituals which interfere with routine activities 4. Other symptoms ----------------- Does the Veteran have any other symptoms attributable to mental disorders that are not listed above? [ ] Yes[X] No 5. Competency ------------- Is the Veteran capable of managing his or her financial affairs? [X] Yes[ ] No 6. Remarks (including any testing results), if any: --------------------------------------------------- Based on current examination and review of available records, veteran is assigned a diagnosis of Persistent depressive disorder, with anxious distress. Veteran's symptoms appear to have worsened since mental health C&P examination in March 2007, and the current diagnosis is considered a progression of the service connected disability by this examiner. Veteran's current diagnosis is based on DSM 5 criteria, and nomenclature and coding utilized are consistent with DSM 5 and ICD 10. The veteran was advised to present to the JC ER should he experience any active suicidal or homicidal ideation; he readily agreed to do so, should the need arise. The veteran was also given the 24-hour crisis hotline number, 1-800-273-8255. Given that the veteran denied current thoughts of harming self or others, plans to harm self or others, or intent to harm self or others, was futuristic in his thinking, and agreed to access emergency services should he develop such thoughts, intent or plans, he is considered to be at low risk of harming self or others at this time. Please note: the CAPRI software used to complete this DBQ generates a response of "no response provided" when examiner does not cite symptoms as exceeding normal levels. This DBQ has been completed in its entirety. "No response provided" is a function of software and should be read as an Absence of clinically significant findings.

Carlie, Are you in the process of applying for a FTCA or 1151 claim or have you been awarded your claim? I am still new to this but my lawyer is doing my FTCA claim and I am doing my 1151 myself. Do you have a lawyer representing you in your claim?

Berta, The 10 months is now standard VA decision time passed by congress recently because so many Veterans was complaining about the wait time for disability. Now, the VA have 10 months to respond to claims unless more evidence is required. But most veterans must get a decision in 10 months or less.

To All, First I would like the thank Berta and everyone else for your help... Thanks very much! I wanted everyone to know that you can file your Section 1151 claim online at www.va.gov... Then go to eBenefits and file your claim online using the form 21-4138 like Berta mentioned. It also allows you to attach medical evidence to your claim online. Also, you will be able to see step by step the progression of your claim. You don't need to worry about medical evidence or records being lost in the mail. I still sent the VA a hardcopy of my medical records but they also have my electronic copy as well that they can't claim to not have received. Electronically filing your claim help the process along a little faster. If anyone have any questions about electronically filing with the VA, please feel free to ask and I will do my best to answer your questions to the best of my ability. Thanks

Berta, How long did it take for your FTCA and 1151 claims to come through? When I called VA, they said an 1151 claim will take 10 months. How do I file a 1151 claim? Did you file your 1151 claim yourself or through the American Legion or some other Veteran organization? Thanks for your help.

You also need the medical records ,after VA said they removed your gall bladder. VA needs to know what additional problems and disabling conditions you had that were directly due to the botched surgery. I have all my medical records from the VA. I also have in my VA Medical records where the VA clearly states they removed the gallbladder and sent the specimen along with the gallstones to Pathology to be examined. I also have in my VA medical records showing I came back 6 months later complaining about the same symptoms as before. The best part is VA was very specific about what they claim they did. And my private surgeon was very specific about what they did and found. Everything is in clear print. I also would like to know the order I should do things. I am going to file a 1151 claim through the VA with the American Legion representing me. But I also contacted a Tort Lawyer to represent me with FTCA. Do it matter what order I file?

The original surgery was done in Brooklyn NY VA medical center. The second surgery was done in St. Louis at a private hospital. I refuse to use a VA hospital again. Not only did they not remove my gallbladder, they left metal clips in my gallbladder. I am glad to just be alive. But at times the pain was so bad I wish I would die. I went back and forth to different specialist so much about the same problem, I thought I was going crazy... I finally found a doctor who decided to dig deeper. When the rest of the doctors saw the scars on my stomach from where the gallbladder surgery was done by the VA, they never bothered to look further to see if it was the gallbladder... Which is normal since the gallbladder suppose to have been removed.

Hello all, I would like some advice about my situation. I went to the VA hospital in 2003 to have my Gallbladder removed. I had the surgery done and was told and it's stated in my medical records that my Gallbladder along with stones was removed and sent off to Pathology. 6 months after operation I returned to the VA hospital complaining about the same symptoms I had before the gallbladder was removed. I was told it was gastritis and sent home with meds. Over the years I was experiencing constant stomach issues and was always in the emergency room or hospital. Each time I told the doctors that my gallbladder was already removed by the VA hospital. I went through numerous test and exams with no solutions. Finally, after years of suffering, emergency room visits, being admitted to the hospital, and tubs stuck down my throat, my Gastro doctor finally ordered an MRI and PT scan on my stomach. He also had ordered a G tube be put in my stomach so he can go in and do surgery on my pancreas because that's the only thing he could think of that could be causing my pain. The MRI scan showed something that looked like an gallbladder with stones. But he wasn't sure so he ordered a Hida scan be done. The hida scan didn't show enough so my surgeon said the only way to find out whats going on is to go inside. I went into surgery on 25 Sept 2012 and the surgeon finds my gallbladder with stones. The surgeon also find 6 metalic metal clips inside the gallbladder he state was left inside by the previous surgeon. He states it look like a section of the gallbladder was removed. The gallbladder ducts was blocks so bad that the hida scan ink couldn't get inside. My surgeon said he can't figure out why someone would remove a section of the gallbladder and not removed the entire gallbladder... And then leave metal clips inside the gallbladder... Not attached to the gallbladder but inside of the gallbladder... I have all my medical records from the VA hospital saying the gallbladder was removed. I also have my medical records from my recent doctor saying he removed the gallbladder with stones and metal clips. What do you guys think of this? Have you heard of a case like mine?