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mountain tyme
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Posts posted by mountain tyme
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Good Morning bill...
You Wrote.."MT, your personal opinion, would you send both doctor reports in???? bill"
Copied and Paste Dr. statements...
1.)I am seeing a Psychiatrist and a Psychologist. I have an open claim for 50% working on TD. The Psychiatrist wrote "Mr. ******** has been under my care for long history of mood disorder and has been complaint with his treatment. He has been suffering from depression and anxiety in addition to his physical condition related to chronic back pain, neck pain, fibromyalgia, arthritis and hypertension. He seems to be unable to hold any gainful employment.
Signed, Staff Psychiatrist
2.)Well I saw my Psychologist and he made a total turn around, I will not go into details, he did write this
"I am writing in support of Mr. ******* claim for an increase in his service-connected disability benefits because of unemployability due to Major Depressive Disorder. His current psychiatric symptoms include feelings of depression most of the day, nearly every day, anhedonia daily, increased appetite with weight gain, difficulty staying asleep every night; fatigue every day; frequent feelings of worthlessness; diminished ability to concentrate most days and regular thoughts of suicide without intent. These symptoms currently result in complete occupational impairment and marked social impairment". Both of these doctors work at the VA Hospital and that is where I see them. bill"
My annswer is this...Yes, I would send in both of them no questions asked...and I will tell you why...they both support your increase in serverity and unemployability. It doesn't matter Bill if you have other conditions...as long as the S/C disability is what prevents you form working...in your case it does...being 50% for MDD already and with the Doctor statements of support both saying your unemployable will support a higher rating of disability.
Keep in Mind Bill that the VA raters have access to all of your VA records...it's not like they won't see the letters...because they will be in your VA medical records.
I know right now you are feeling like a cat on a hot tin roof...antsy as all hell...but remember Bill today is a new day with it comes a set of new problems...and like yesterdays problems they will resolve...and in the interum you need to try and focus on something positive to make the time go by less stressfull...things will be as they should...take time for Bill...MDD will get the best of you if you let it...so remember you have MDD it doesn't have you...embrace life Bill one day at a time...You are in my Prayers for a swift resolution to your claim...please keep me inform on the progress...
Sincerly
MT
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Billyboy you wrote..
"hello MT, I have asked for an increase. I mail a NOD saying, “I don’t believe I was rated correctly and am asking for an increase to 70%” Something like that.
DID YOU READ THE TWO SHRINKS REPORTS ON THIS POST????
I have filed for TDIU and got the BS answer that 60% does not qualify me. They say I need 70%. Latter I found out thru this board that was BS. I sent a NOD on that too.
Thanks for the link, I am starting to read thru it. bill"
Yes I did read your post...and asking for an increase is the way to go...but inorder to get the increase you have to show how your condition has increased in servirity since your last C/P or evaluation with the VA...as I said in my post you have a solid doctor statement of support...but sometimes the VA wants more then that...hence statement of support from family memebers, friends, those who know you best...those who interact with you daily...those who can give credance to what your doctor statement brings out...those are the ones who are affected most by your S/C disability and can explain the heart and soul of your pain..but this is Just My opionion..
MT
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Hi Billyboy.
I have been reading your posts...what I see is that you are rated 50% for MDD...at this point your condition has increased in serverity...so have you considered filing for an "increase in rating" due to your condition becoming worse...and you can do that...with supporting letters...the one from your doctor is a solid one...the conditions that she mentioned besides your MDD are conditions that do occur due to MDD and can be secondary to your S/C MDD...it is not uncommon...but more to the normal progression...MDD is a disabiliting condition and will effect most area's of your body systems...stress can cause more problems....then you may know...
but not to get off track...back to requesting an increase in rating for your MDD...have close family memebers write letters as to how your behavior of depression has increased...perhaps you have a close friend or clergy memember who has seen a mark change in your irritability...
in order to receive an increase for you MDD you need to submit evidence of support that it has...In the letters...your family can state how you tend to have outbrust.... uncontroled rage....no desire to take care of your personal hygien...your lack of desire to interact with others...your inability to have a restfull sleep...not wanting to leave your confort zone of your home...that you tend to jump to one subject to another...that you become overwhelmed in everyday routiens...that you can not manage your time...that you are not taking care of paying your bills in a timely manner...that you are obsessive with this claim...
Billyboy...you need to file for an increase to get your MDD rating increased...the next increase level I believe is 70%...if you have not filed for TDUI I would do it at the same time...hope this helps
MT
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Hello Billy boy...
here is a link...
http://www.oqp.med.va.gov/cpg/MDD/D/MDD_CPG_v21.PDF
Go to this section K for the chart...but the whole manual is helpful for anyone with MDD it list many other conditions secondary to MDD that the VA reconizes..hope this link helps
MT
K. Do Medical Conditions Contribute to Symptoms?
OBJECTIVE
To identify patients who may be experiencing depressed symptoms as a result of an underlying medical
condition.
ANNOTATION
Table 2 includes many of the pathobiologies associated with depression. Simultaneous treatment is often
required for both the medical problem and psychiatric symptoms. Additionally, there is often a strong
association between the level of disability from the medical condition and the depressive symptom requiring
treatment.
A useful mnemonic for remembering these is [TIC]2p2m2d3. The mnemonic stands for:
· Trauma
· Tumor
· Infection - immune and autoimmune
· Cardiac/vascular
· Congenital/heriditary
· Physiologic - seizure
· Metabolic malignancy
· Degenerative
· Drug toxicity
· Demyelinating.
VHA/DoD Clinical Practice Guideline for the Management of Major Depressive Disorder in Adults
Module A-Primary Care Setting-Annotations Page 14
Patients with chronic pain may also have associated mood disturbance. This may be encountered among
individuals suffering conditions such as Chronic Obstructive Pulmonary Disease (COPD), or Asthma, or more
commonly, bone pain with cancer.
Table 2. Pathobiologies Related to Depression
Pathology Disease
Cardio/vascular Coronary artery disease
Congestive heart failure
Uncontrolled hypertension
Anemia
Stroke
Vascular Dementias
Chronic Pain Syndrome Fibromyalgia,
Reflex sympathetic dystrophy,
Low back pain (LBP),
Chronic pelvic pain
Bone or disease related pain
Degenerative Presbyopia
Presbycusis
Alzheimer’s disease
Parkinson’s disease
Huntington’s disease
Other Neurodegenerative diseases
Immune HIV (both primary and infection-related)
Multiple Sclerosis
Systemic Lupus Erythematosis (SLE)
Sarcoidosis
Infection Systemic Inflammatory Response Syndrome (SIRS)
Meningitis
Metabolic/Endocrine Conditions
(include renal and pulmonary)
Malnutrition, Vitamin deficiencies
Hypo/Hyperthyroidism
Addison’s Disease
Diabetes Mellitus
Hepatic disease (cirrhosis)
Electrolyte disturbances
Acid-base disturbances
Chronic Obstructive Pulmonary Disease (COPD) or
Asthma
Hypoxia
Neoplasm Of any kind, especially pancreatic or central nervous
system (CNS)
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Hello...I don't think diabetes can be cured...but it can be controlled...it is the same when a person elects to have gastic bypass surgery... In a metanalysis review published in JAMA in 2004 the report stated that there was resolution of diabetes in an average of 70% of patients after bypass, and gastric banding was also effective, though slightly less so ...this could be due to lower weight...which in most cases will help lower one's A1c which is a good thing. Regardless of one's VA benifit...if there is any proven procedure or medication that can improve one's quality of life in order to become more independent should be the bottom line...as far as S/C that won't change...as far as one's rating goes...well that could be effected depending upon the improvement and what critera you would then fall into...At this time that is a moot point...
MT
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hello...
I would say that based on the examination...since the issue was raised regarding the Tinnitus that it was of record...the only problem I see is that the word "alleged" was used and the doctor did not state or make a DX of tinnitus...also the doctor noted that nothing was confirmed at that examination.
In your SMR did you ever have a yearly occupational exam...if so did it include a hearing test?...that showed hearing loss...
if so that would be a great support.
Good luck...
MT
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Berta...answer to your questions...
Question..."Did the VCAA letter ask you for evidence of that statement and did you specifically say that due to your SC disability you could not work?"
Ans.) No the VCAA letter never asked for evidence.
I simply stated that I have not worked since 2000 this statement was made in my stressor letter.
Question.. "at that time I also filed for Unemployability " I believe you meant"when I received my decision back in Jan 07 I was rated 50% I put in a reconsideration in Feb 07"
I assume that formal TDIU application (the TDIU form) was received by VARO in Feb 2007 and thus they gave you the March 07 date. I think it should be February however 2007 ---
Ans.) Yes, I received my decision back in Jan 07. And Filed for both a reconsideration for a higher evlaulation and also sent in a formal TDIU application form.
Question..."You can NOD that EED with any evidence at all that shows you were 100% or TDIU prior to that date"
Ans: The C/P VA examiner knew I was on SSD it was on my evaluation from my private doctor which stated that I had been granted SSD in 2001 and she had his evaluation and read it. I did send in a copy of my SSD (in Feb 07) which was based on ashma, urticaria, depression, and aniexty (part of my S/C).
a few weeks later I received a letter from the VA denying me TDIU because the VA stated that my SSD even though was based on part for aniexty and depression it was also based on a physical condition as well.
What surprised me was I thought the VA would have gone back to the either the original claim date or at least when I filed the formal TDIU form.
I am not sure what happened perhaps an oversight...the VA raters are pretty swamped with all the claims they are receiving that sometimes little things will just be missed. Hopefully this is just an oversight.
I guess all I can do is file an NOD and ask them to explain the EED date.
God Speed
MT
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Berta...
I have a question...when I received my decision back in Jan 07 I was rated 50% I put in a reconsideration in Feb 07 asking for a higher evaluation based on some mistakes that were made in the C/P...at that time I also filed for Unemployability since I had not been able to work since 2000....The original claim for my S/C disability was filed in March of 2005 in my intial letter I stated I could no longer work.
So when I received my decision last week the VA is putting my retro date for P/T for May 07...I think that there is a mistake...I would have thought (my opioion only) that they would have made my retro date back to March of 05 until FEb 07 for the 70% rating (received 70% at 100% unemployabitly P/T) and then since I sent in the paperwork for TDUI (which was denied in March of 07) in Feb. 07 that they would make the 100% retro back to Feb o7 when I put the paperwork in.
I don't know weather I should NOD for the EED date or not...
am I wrong in my thinking
thanks in advance
MT
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Dear Spike...
If I could cross time and distance and reach out to take away all your pain I would glady do so...I do not even know you but your words cry out in such dispare...and I know saying everything will turn out all right are just words on a screen...and they can not give you confort just quite reassurance that someone is listening...saying many people have felt your pain and have walked your path before are but words..but these are the same people who are rooting you on...to take control of your life...
REMEEMBER SPIKE...YOU HAVE PTSD...PTSD DOES NOT HAVE YOU!...and if you let PTSD wrap itself around you then you again become the victim all over again...take back your life..one day at a time.
Each Morning as the first rays of the sun beckons you to a new day...embrace it relish in it's warmth...you are an amazing person...never let anyone tell you differnt...have you ever thought about how many lives you have touched...think about that Spike...that you count...you are loved...and you are needed...it is these things that will get you through...you are not ever alone...God is always by your side...faith will get you through...and if you don't believe that..then I do and I am praying for you...
Please keep an update on your progress so other Vets will gain courage though you.
May God Keep you and All those you Love safe in his Loving embrace...
God Speed
MT
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Thank You for your insight in advance...
MT
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Just an update...I received my decision from the VA today regarding my Service Connected disabiltiy based on MST...they increased my rating (made on Jan 2007) of 50% to 70% unemplyability and granted me P/T with no further evaluations required. The VA included quite a few forms along with the Chapter 35 information. Since my Son began College Last Monday...(his freshman year) this in itself is a blessing.
I would like to take this time to Thank everyone here at hadit for all there help and invaluable information.
God Speed
MT
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Good Morning...
John you brought up a point...
""john999 Posted Yesterday, 07:30 PM
If you have been TDIU for eight years you should apply for P&T status. Depending on your state you may get extra benefits as being P&T pluc chapter 35 benefits. """
Even though the Veteran has not been on TDIU for more then 6 months would the VA consider that since the VEt has been on SSD for 7 years and the SSD is based on part due to the SC disability (yet at the time that the award for SSd was gramted The Veteran did not realize that the conditions they were granted SSD for arised from there militay service)could the Veteran apply for P/T stating that thier condition was diagnoised 7 years ago with no improvent if anything the condition has progressed.
thank you for your time
MT
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I read in one of Berta response to another topic..."If the disabilities begin to add up to 70% SC the VA will consider TDIU"
So what if someone has one condition that is rated at 70% alone. And the Veteran is receiving the 100% rate of compensation based on UI (unemployability). Could that Veteran then apply for TDIU for P/T?? I am confused on this part and I have been reading posts trying to figure it out.
my way of thinking is if a VEteran is rated at 70% (first time around) and then receives at the same time rate of compensation at 100% based on UI, isn't the VA conceding that the Veteran in unable to work? And if that said Veteran has not been able to work any job in the last 8 years due to the effects of there service connected disability could the Veteran apply for TUID for P/T.
I hope I explained my question clearly.
Thank You
MT
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Good Morning Berta,
Yes, I too was surprised for the amount of information I received by the VA guy...
("When I called the VARO office on Friday I was told that a decision was made and I should hear something within 30 days..and I was also told that if I received a favorable outcome and was rated higher that the retro pay would not go back to the date of the original claim of 05 but by the date of the reconsideration which would be march of 07 because the decision would be based on new and material evidence (doctor statement) that was not present during the inital determination. "
That is a lot of info to get out of an 800# vet rep at the VARO-")
Normally all I hear is that my claim is pending or that it is with the rater...ect..ect..ect..
But there have been that rare occassion that I would talk to someone that would take the time and tell me what they can...
only to call a few days later and be told a whole new set of information...I don't put much stock in the information I receive from the 800 folks...because I do understand that they are limited in what they can tell you or what they can see on the screen and there primary function is not claims pending but for general information on VA benifits...and knowing this I still call...mainly due to aniexty is why I call. but, having said that.
I am going to have to wait to see how the VA will handle the reconsideration...as far as retro date...all the information that my doctor responded to was based on evidence already filed with the VA prior to there determination...my doctor more or less brought out the facts or highlighted the evidence they had and how it met the critera for a higher rating based on there rating scale.
I will post an update once I receive the VA decision...and go from there...thank you all for your time...
MT
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Thank You Berta and Rickey...
I received my rating for SC in Jan. 07 and did not file for a reconsideration until March 07 (that is when I received a copy of my C/P) due to errors on my C/P. I requested a recosideration for an increase...after my doctor reviewed the C/P and the VA criteria on how they rate my disability she stronly felt I rated higher and wrote a statement of fact in support as to why I medically met the criteria set forth by the VA...When I called the VARO office on Friday I was told that a decision was made and I should hear something within 30 days..and I was also told that if I received a favorable outcome and was rated higher that the retro pay would not go back to the date of the original claim of 05 but by the date of the reconsideration which would be march of 07 because the decision would be based on new and material evidence (doctor statement) that was not present during the inital determination.
I do not know what the determination will be...but after talking to my husband about the time line he suggested if I do not hear anything from the VA by the End of September that I should file a NOD...which after reading both your replies to my question is the best way to go.
I have been working on my NOD for a few months...trying to get all my ducks in a row...not sure if I am doing it right but I have been winging this by myself and reading everything I can on this site to get more insight on how to work my claim...
I haven't thought about obtaining a lawyer...I not sure if there are any good one's around...that know any more about the VA system as I do...most at this point are probably green horns when it comes to the VA system...and If my claim is going to be messed up I perfer to be the one messing it up...I am the only one that has a stake in my claim and trust is not something I have too much of when it comes to others...
Thank You again
mountain tyme
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Hello
I have a question regarding retro date of a claim based on a reconsideration of a rating decision. If the reconsideration was filed within one month of the VA decision and the reconsideration was for a higher percentage and the VA outcome was favorable for a higher % would the VA go back to the original claim date or would they only go back to the date the reconsideration was filed for retro pay?
Thank You in advance
mountain tyme
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I am in one of those rare moods today so I have a question. If the VA doctor determines that the veterans condition is clearly caused by a service connected incident and that the condition was NOT in no way pre existing prior to entering the military and that after military service that there is no incidents that would have caused the condition (va grants s/c). How would the VA determine the date of compensation if the VA doctor states that the condition is chonic and the injury began at the time of the occurace and was not detected at time of discharge because there was no out processing physical or evaluations.
that is my question.
mt
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Hello,
I came across this material put out by the Blue Star Mothers of America, Inc. I found it helpful not only am I service connected for PTSD but I like many of you am a parent of children who are now in service to our country.
this booklet contains a page that addresses some of the more common symptoms associated with PTSD. There is also a section that addresses PTSD VERSES PERSONALITY DISORDER WITHIN THE MILITARY. (this may be of interest to you Betty)
the web site is:
http://www.bluestarmothers.org/
once you get to the web site sroll down to the section on PTSD and click on pamphet.
and the booklet site is:
http://bluestarmothers.org/documents/PTSD.pdf
hope this helps someone.
MT
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Each VA facility will have there Patient rights posted...this one is for a patient/nursing home
http://www1.va.gov/vhapublications/ViewPub...asp?pub_ID=1515
Then go to this site to find your local VAMC patient rights index
http://www.index.va.gov/search/va/va_searc...+patient+rights
also here is the VHA Patient Advocacy Program (PDF)
... patient rights and responsibilities, and the appeals process afforded veteran patients as ... have the right to file a complaint regarding VHA privacy
http://www1.va.gov/vhapublications/ViewPub...asp?pub_ID=1303
You as a patient have a right to have some one present during a medical exam unless it is an emergency situlation...but for a c/p exam esp. a mental health one the patient has the right to request a spouse or family/friend to be present to observe.
hope this helps
MT
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Good Afternoon Mr. Stix,
just a thought...if your VSO does not have access to the VA screens (to check the status of your claim)...there is a good chance that someone in the DVA will so he may have to call another VSO in the same organization to check on your status...even though you can call the VA 1-800# you may not be connected to a knowledgeable VA rep. (now I am not saying they don't know there job...but they can be new and besides the VA people on that 800# I believe actually have more knowledge on benifits then the working's of the claim system...maybe someday that will change...but for now they are doing the best job they can to help the most people..that is why your VSO should try and get the best information for you..that's just my thought on the matter).
also you VSO can send in an iris to check on your status as well...just take a deep breath things will work out...
take care
MT
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Good Evening Mr. Stix:
*Pete53* Togus is in Augusta Maine...
I called my Brother in Law...he uses Togus for his S/C disability...he told me that the RO office up there is pretty swamp due to the claims coming in both from reserves and reg. military. Right now there is like 2500 cases pending...with about 350 going over 180 days...if your claim is for TP there are about 3500 of them still waiting to be rated...and about 600 appeals waiting to be adjucated...I think thre is going to be a wait no matter what RO office you use...are you using a VSO or an organization that is helping your claim...if so if an orgainization has your POA you could have your VSO local call them in Togus to see what is really up...you may want to go to the VBA Monday Morning Workload Reports to see how many claims each RO office is handling...there website is...
http://www.vba.va.gov/bln/201/reports/mmrindex.htm
I hope I have not discouraged you...things will work out in God's time...and as it should...
but I know the wait at times is worse because of the not knowing...
God SPeed
MT
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Tammy...go to this site...email the webmaster of the site..he may know your husband or he will know how to get in touch with someone who does...or perhaps someone who has knowledge of the incident. He may also be able to point you in the right direction on how to get the reports you are seeking. Also if you go to a local college in your town there maybe someone who speaks German that can write a letter for you to the local authroity at that base at that time that may have records just a thought...here is the web site to go to:
http://www.usarmygermany.com/Units/FieldAr...0Arty%20Bde.htm
I will do some research on people who may have been at that base during the years you seek.
Keep us updated!
God Speed
MT
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Dear BETRAYED,
words can not even express the happiness I feel for you and your family...God does listen...I am so pleased...now maybe I will see a bit of sunshine on your website...I am so Proud of you...what more can be said...Keep your site updated so you knowledge can help someone else who is at the end of there rope...
God Speed
Mt
Question
in VA Disability Claims Research
Posted
Good Morning Bill,
let me look into what parts would be a good refernance and will post later today.
MT