john999

It probably is unless it is based on the meds you take for ptsd.

There probably is a list somewhere. I knew a Nam vet who got his heart condition SC'ed as secondary and this was years before IHB via AO became a reality. Why not google it? The VBM has extensive list for DMII and might have something for PTSD. I have heard of morbid obesity being SC'ed as secondary to ptsd. It is whatever the VA will accept I think with medical proofs and opinions. I don't think there are any automatic SC conditions for PTSD as secondary. I could be wrong.

One year chronic condition has run, but who knows what a smart lawyer could do with it. Did you appeal the 2007 denial? If not your claim denial was final one year later, so you file again with some knew evidence and you get another shot at it. If you are going to spend time on an appeal why not get a real legal opinion instead of some VSO? I don't know if an IMO can get you an EED back to 2004. John

If you are related to the congressman it helps, or a big contributor to his/her campaign. Otherwise, you are Joe Blow.

There may be some list but you need a medical opinion to connect any secondary condition except a rare few. I connected heart disease to DMII but I had a medical opinion and it took an appeal to get it. I also claimed PN as secondary to the DMII (AO) and that required a C&P exam and another appeal. John

I think what the VA means is if you file for a chronic condition within one year of discharge you get the benefit of it being considered as still service connected. I did this with a emotional condition within one year of discharge and I got SC'ed back to one day after discharge. If I had more questions I would consider hiring me a lawyer since you filed within one year but were denied. Did you appeal the denial? You may have to file a CUE as you only hope of getting the VA to take a look at this and consider granting the initial claim with an EED.

I think I did a FDC here recently. I asked for an increase for DMII. I meet requirements for 20% because VA started me on oral medications. I got paperwork from Jax. Fl instead of St. Pete. It was a page telling me what I needed and another page asking about evidence. All my evidence is at the VA. It is no big deal since no extra money but I want an increase.

You need to read Berta's explanation of what a CUE means. Even if you have prima facie case for cue that does not mean you will win. This is why I say send in your claim and then hire a lawyer who understands the law in detail. Unless your cue is a clerical error the VA is going to dispute it. I won a cue on my housebound SMC because the law clearly stated I was entitled and the VA had missed it. I had the dates, the law, a recent CAVC decision to quote. Others using the same arguments as me have failed? I don't know why. I have another CUE that seems just as clear. I have a lawyer and have been at it for 7 years.

I am seven years into my CUE and I have had a lawyer most of the way. I hope your DRO grants your claim. I saw mine twice and no dice. Then came years waiting for BVA and CAVC. I am still there with judge at CAVC sitting on my case for six months to make a decision. It takes about 6-8 months to get to that stage with CAVC. We are talking a decade maybe.

Which court are you talking about?

You know the BVA screwed up my decision and the mistake was caught at the CAVC. It went back to BVA and then came back to CAVC one year later. Now my claim has been sitting with the Judge at CAVC for over 6 months. My claim started at VARO and it has been at least 7 years with two trips to CAVC. My claim did not need development since it is a CUE. Just a legal argument based on the facts of the case. 7 years.......and more to go I am sure. This is why if you can win at VARO do it by all means. It does not get better the higher you go. John

Carlie Can a vet in Tampa choose to go to Bay Pines? Bay Pines is a long haul for me but not that much worse than Tampa VA with all the interstate traffic. I live in S. Tampa. Is Bay Pines any better? John

Anyone using the new facility for mental health treatment out on 46th St for Tampa, VA mental health you are probably not going to like Chinese fire drill they have going when you try and check-in and check-out of the clinic. There was a line out the door today just to check-in with the clerk. The Tampa VA has taken a system that worked OK and made a mess of it. A twenty mile drive and long wait for ten minutes with my shrink. It is not worth it. John

I had a NP say I did not have heart disease on C&P exam based on nothing but her unsupported opinion. On appeal after getting some testing I got 60% rating as CAD secondary to DMII (AO). I have had so many hatchet jobs done by incompetent, hostile and biased C&P doctors it is a laugh. I expect that all claims will result in me having to get IMO/IME. This is what we save our money for if we want to keep or get new ratings.

Well, the doctor does not deny your claim. The rater at the VA denies your claim using the evidence from old doctor. Yes, you are getting screwed, but this is what appeals are for in the VA system.

That means they happened at the same time but not necessarily related. If you can get the doctor to say OSA caused by DMII let me know in a hurry!

I am wondering if the vet who was attacked received any medical attention at the time? That would be in the record. John

This is why you need a lawyer so that VA does not misunderstand your cue to death. They assume pro se vet does not understand provisions of a CUE.

Have you ever got a private medical opinion on the extent of the TBI. A 0% rating means he got his bell rung but no permanent damage at all or any after effects as I understand it. If he had persistent headaches that should get at least 10%.

You can file your cue or other claim for EED and you don't need to worry about losing money. File when you get ready. Your EED won't change.

Not unless the doctor says the DMII caused in some way the OSA. I am in same lifeboat.

Did you know Larry Faulkner who was USMC RECON 1967? He died in Vietnam. He was near Chu Lai. John

All methods and measures of VA evaluation of mental disorders are subjective. The GAF is the Global Assessment of Functioning which takes into account all the things you are talking about. If one evaluation comes up with a GAF of 30 and one comes up with 68 then the GAF should be dumped I agree with that for sure. The only thing the VA ever asked me about work was "Are you working" and regarding social functioning was "Do you hear voices". Why not give all patients MMPI? This is about the best indicator of mental disorders we have. They never use it because it takes too long and is too reliable. Many years ago I was rated 10% based on evidence gathered from inpatient experience where doctor said I got on well with other mental patients. No mention of work or wider social adjustment. Please don't speak to me about VA's use of reliable measures for mental illness. You are a FNG here, but I am glad you know so much about VA mental health. I have been victim of that system for over 40 years.

Why can't a guy like you get A&A without a battle? Other vets here have the same fight to the death to get A&A.

Did you claim SC for the lung cancer due to AO exposure? Were you in Vietnam? I would file my cue so I could get my denial or approval soon. If you get a denial then send in NOD and possibly hire a lawyer. You will probably need one since you want decades of retro. I am in the same boat wanting 30 years of retro at 100% rate. I have been represented by a lawyer for 5 years. The VA has more dirty moves than Jell-O. CUE is in many ways just a fantasy for 99% of vets. John