john999

Doggie Did you actually tell the military or VA that you had PTSD prior to service or did they just decide you had it based on something you told them?

Take every opportunity to bring up disabilites and ask for treatment when you see your PCP. Complain about being depressed and be sure you complain about any condition for which you are seeking a claim. You need to build your empire of documentation over time. Do you see a psychiatrist for depression now at the VA?

Pete53 knows about HB for panic disorder and agoraphobia. I got mine for TDIU plus 60% and I had to file a CUE claim to get it. Actually, I just asked for it and the VA called a CUE and awarded it to me. If I had not claimed it I never would have got it even with Bradly vs Peake. If you claim HB for a medical condition you probably will have a C&P exam for it. If it is statutory then the VA should infer it and no exam. However, as others have said if you don't claim it you probably don't get it. I got two years retro. Any PTSD or mental health vet with a 100% should claim it. VA is supposed to consider it and if they don't I think that is a possible CUE. Remember every dime you get from the VA will go into making any cola's larger for you.

I wonder if SMC for hysterectomy could be a secondary condition for a SC condition.

You may need to have your machine checked out or upgraded. You may have both kinds of apnea. There is a device that will start breathing for you if you stop. I have had a hell of a time with my machine. I am seeing my doctor next week. Go to the doctor and not a tech and tell him/her you are about to lose your job due to your apnea.

I thought you had the cpap and were still falling asleep. Get the cpap or bpap before you quit your job or go through all that stuff.

Bronco My experience is even if your doctor says you can't work, but you only have a rating of 50% the VARO will not advance on extra-schedular. If the &^%$#$% decide to grant IU they often bump you up to 70%. I think there are many legitimate cases out there where the VA should have granted IU to vets with less than 70%. There are probably thousands of such claims.

Don't worry! SMC K is so small you will hardly notice it. The VA believes your reproductive organs are worth about $100 bucks a month if you lose them.

Since the VA has already DX'ed you with PTSD all you need to do now is show by medical evidence that your PTSD is worse than a 30% rating. Best way to do that is with an IMO/IME.

Did you have a hearing with a DRO at your VARO, or did you just ask for a DRO to review your decision? When you get the answer to your DRO then you may file your appeal to the BVA. If you don't like what the BVA says you can go to the Court of Vet Appeals. There are strict time limits for all these appeals. I got a BVA hearing in about a year. Of course, I had a lawyer and my lawyer ever represented me at a DRO Hearing, so the VA knew what was coming at them. I was a federal employee and I got SSD and FERS before I got TDIU. I got TDIU from a DRO, so there is hope at that level. What was the reason given for denying your TDIU?

It is almost impossible to lose TDIU unless you go back to work. If you can get a retroactive TDIU that later becomes 100% schedular I don't think you need to worry about the TDIU.

For your own sake you should probably not be driving. I hope your employer will accommodate your disability. If your city will not accommdate your disability I would consider getting some feedback from an employment lawyer. The VA will probably say that you are not TDIU because there are many jobs that don't require driving. The VA does not care about the employment situation in your city or area. Does your employer provide light duty assignments for disabled vets? I worked for the government and they did accommodate me after me getting medical proofs. I could no longer work nights and the Feds did accommodate me after a brief and intense fight where I filed for worker's compensation. I have apnea also and I fell asleep yesterday sitting in a chair in the middle of the day. I don't remember being sleepy at all. Neither the DAV or VA can make the city change your job duties but EEOC laws may be able to help you and their may be information in your city's work rules that provide accommodation. John

I see! Some have tried apnea secondary to PTSD. If DMII makes you get fatter then it might contribute to apnea. When I was thin I did not have apnea. I would like to get my apnea SC'ed but I don't remember anyone complaining about my snoring 42 years ago. John

If you believe you have a good claim get another lawyer. Why did your lawyer drop you?

Only the VA and SSD believe you can draw a straight line between PTSD, depression, anxiety disorder and all the psychotic disorders. If you can connect it to service then it does not matter what label you put on it. When I first got connected it was for schizophrenia and depression because they did not have a DX of PTSD. They just threw the kitchen sink at me. What matters is how your disability affects your ability to work and function in the world. I think it is wise for vets to go to the VA psychiatric service and just complain and document your conditions. Take the pills and all the BS and do your own thing regarding real help.

File for P&T.

I also have apnea and DMII. Why do you think you can get SC'ed for apnea secondary to DMII? If you have a good theory I will probably file as well, so I am curious. My apnea is worse even than yours with my oxygen saturation dropping into the 70's during my study.

Which ever spouse makes more on SSA the other spouse can get up to one half of the other spouses SSA as long as the poorer spouse's full SSA amount (age 65-66) is less than half of what the richer spouse makes.I read this on SSA site and got an answer from one of the SSA blogs.

If a lawyer can help you win your claim and you tell all your friends about this "great" lawyer who worked magic on your claim that is very good advertising. If there are just a few bucks involved then they probably won't write a 50 page brief for you. What they want is retro % without too much grief. I had to shop my CUE claim around even though there was potential many thousands of dollars in retro.

Get your NOD ready and see if your psychiatrist can refer you to one of his pals for an IMO. I was rated 70% for a mental health condition and I was denied TDIU. I got me another IMO and went to the DRO. I got my TDIU in about 9 months. This is just a road block they throw in your way. Keep on fighting. This is almost SOP for the VA to pull this stunt.

The VA sends you a rating decision with appeal rights via regular mail. They don't think it is important enough to send it certified mail. However, if you send them something in the mail it better be certified mail or some other accountable form of mail. I can't count the number of times the VA has lost my evidence.

If your anxiety is worse ask for an increase. I would try and get an IMO. You are currently rated 30% for anxiety. I think I would stick with that DX and just try and show that it has gotten worse rather than try to overturn the GAD DX and then go through the trouble of getting a new DX of PTSD. You can get 100% for GAD just as easy as PTSD. It is the symptoms and your disability that counts for a % rating.

Did you file a claim for SA within one year of discharge?

Do you have a VSO representing you? Unless you have witnesses it should go pretty quick. I had a personal BVA hearing with a judge and my lawyer and I just presented the evidence and a brief and that was it. No decision because you have to wait for that. If you are by yourself just answer the questions and present your evidence and arguments. How do you plan to present the case? I think I would write a brief if you can type.

Have you looked at the VA's exam schedule for the eyes. It should tell you what a complete exam should consist of and if your exam was complete. Get hold of the exam results and see what they say before you begin to worry too much. If the exam says everything is fine you then get one of your doctors to poke holes in the exam and write a counter exam. Your MD's should top the evaluation of an optometrist. Was it a VA doctor that did the exam?