Navy4life

Andyman;
Do what you feel you need to do but I caution going out and paying for an IMO/IME.  I have seen a lot of Veterans go that route w/o a positive outcome.  I wish you the best of luck on this journey and please keep us updated!

Andyman;
Dental SC is next to impossible to get. Heck I'm SC for an eating disorder and I fell and cracked my front teeth. I thought for sure I would get secondary SC for that right?  Nope...I have two DBQ filled out by dentists and I had notes from the ER stating my injury was a result of the ED. It's ridiculous. 

First off Andyman I am sorry you did not get a favorable decision.  What were the original contentions you filed for again? Why didn't you file for TMJ? Did you not file a claim for MH as primary?  Seems you filed it as secondary.  Are you getting treatment for MH now? Do you have a copy of the C&P exam for the MH claim?  If so, please post here, reacting the personal information.

I think your outcome will be positive. She was obviously working on it so that is a good sign. 
10% would be great for me on my fracture.  My DRO told me in our hearing that a feature, any fracture at a minimum is 0%  . 
Yes im in the decision phase from my DRO hearing. I think it went well. We will see. I have left toe condition, right ankle, and right fifth metatarsal under my NOD.  My fight has been since the day I filed in 2013. I did have an informal hearing. I think it went well. I provided N&M evidence to include a great letter from my podiatrist at the VA. I thought I would have heard by now but I'm being told by my DAV rep that Waco is really backed up. I am in RTR (ready to rate). I have a range date of March to September. I hope they finish it in that time frame and it's positive. 

The fact that it is changing is likely good news, that your claim is at least being looked at, if only to change the date.  
However, take what ebenefits says as its from your 4 year old neighbor kid, and you will be about right.  
 

You are going to rack your brain over this and drive yourself sick.  No one can tell you anything for sure.  You just have to wait and see what the outcome will be.  
The word "Entitlement" simply means what you think it means, the fact of having the right to something.
Until it's closed there is only assumption.....

Eventually, yes.  Because not sure How long I will be able to work for.  I miss a lot of work now.  But, I would like to work as long as I can, health permitting.  But for now, just want the SC that fits the disability.  

I am not sure b/c I am not a rater nor do I know your claim.  I am just going based off the Occupational & Social Impairment that was given.  Again, don't sweat it....I am sure you will be just fine....

Without the "occupational and social impairment" it's hard to give you a % but I too am S/C for PTSD/MST and started out at 30% before I was increased this past March to 50%.  Sounds positive for S/C, NOW are you in therapy?  Therapy will help!  I am in weekly one-on-one therapy for almost 2 years now and it's helping.  Of course I also suffer from an eating disorder so I have that to overcome.
 

It's good to hear happy endings!  Congrats!  Sorry it took so dang long though!  I am still awaiting my DRO decision.  2014 to present since I started that roller coaster...lot less time than you but I am hoping to hear something soon!  again, CONGRATS!

Without the "occupational and social impairment" it's hard to give you a % but I too am S/C for PTSD/MST and started out at 30% before I was increased this past March to 50%.  Sounds positive for S/C, NOW are you in therapy?  Therapy will help!  I am in weekly one-on-one therapy for almost 2 years now and it's helping.  Of course I also suffer from an eating disorder so I have that to overcome.
 

Hi everyone,
Had an appeal partially granted in 2015, stemming from a 2009 NOD. In Dec of 2015, I was paid and the other half of my appeal was remanded to AMC.
Once back at the board, the judge agreed in my favor, yesterday 7/12/16. At this point, it's been sent back to AMC for adjudication/payment.
Does anyone know what the timeframe is for backpay from AMC?
Thanks all!

I went back  to the BVA and used OSA instead of sleep apnea and found this case:
In Part: 
"As to a relationship between the Veteran's OSA and service-connected PTSD, in August 2008 Hassan Jabbour, M.D., opined that the Veteran's obstructive sleep apnea was related to his PTSD and offered a rationale in support of his conclusion." 

and

 
"Similarly, in August 2010 Edwin W. Hoeper, M.D., reported that he had been treating the Veteran since September 1997 for his PTSD and thereafter opined that the claimant ". . . also has Sleep Apnea whose severity is increased by PTSD."  Likewise, the claimant's treatment records show his PTSD being treated with, among other drugs, Klonopin and Clonazepam and publically available records show that potential side effects from these medications includes difficulty sleeping.  Moreover, while VA obtained opinions in April 2010 and November 2011, neither examiner specifically opined as to whether the Veteran's OSA was related (caused and/or aggravated) by the medication he takes for his service-connected PTSD.  Therefore, the Board finds that the most probative evidence of record shows that the Veteran's OSA is related to his service-connected PTSD.  See Owens v. Brown, 7 Vet. App. 429, 433 (1995) (holding that VA may favor the opinion of one competent medical expert over that of another when decision makers give an adequate statement of reasons and bases)."


 
"ORDER
 
Service connection for OSA is granted."
 
Service connection for sleep apnea is granted."
http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files2/1608039.txt  

I agree with Navy4Life and could not find any SA claim at the BVA as secondary to PTSD.
Secondary claims almost always need strong medical evidence,often in the form of an Independent Medical Opinion.
What medication are you on that you feel might have caused the sleep apnea?
With 70% now I assume you were employed at time of this rating. Are you still employed?
 

I just googled instead of using the BVA search and found this award- PTSD as secondary to SA:
http://www.va.gov/vetapp13/Files2/1316035.txt
Then I found this report from Ben Krauses' site.:
http://www.disabledveterans.org/2015/05/21/new-study-links-ptsd-to-sleep-apnea/
It might be the same report mention in the BVA decision...the dates dont match but then again maybe the report was published well after the IMO doc obtained it for the above SA-PTSD veteran.
BVA decisions can show vets what they need to succeed in these types of claims.
 


 
 
 

You are absolutely correct Navy4Life.... I went back to re read the award at the BVA and found that the veteran did not have an IMO but had multiple opinions from the VA.
There was a lot to this claim. The BVA revisited a 2007 VHA opinion that had denied the claim, and along with the other significant info, they awarded the claim. It took 6 years from the initial denial.

This is sure hard to prove that Sleep Apnea is secondary to PTSD or PTSD is secondary to Sleep Apnea
I can't find a Doc that will state Sleep Apnea COULD BE THE CAUSE OR AGGERVATED BY PTSD.
My VA MH physiatrist says its absolutely  not true or has she ever heard or read it could be  that PTSD is caused for Sleep Apnea  or even aggravated by  even the meds for PTSD.
 
If someone finds a Dr to state other wise  please let me know or let us here on hadit know who this Dr is...There are a handful of us here on hadt with Sleep Apnea and trying to at least get it S.C.
I have it  but don't have a Rasional   to show PTSD is the cause or aggravated by  (sleep apnea/OSA)  even if you don't use the words Sleep Apnea and use the initials of OSA  VA says there meaning is the same.
Looks like to me PTSD aggravated or cause the Sleep Apnea  makes more sense  than sleep apnea cause the PTSD. But I suppose them up there at the BVA knows how to figure all that sh** out.

We need to see a redacted copy of your C & P DBQ. Was the Dr a Gastroenterologist?
Do you have SMR's, Private Dr or VA Clinician Notes indicating the severity of your condition? Something that would back-up the Moderate rating.
The important thing is, you got the ICS SC, right. If you think your Medical Records currently contain substantiating evidence, you could file for an "Official Review" immediately, probably won't work but worth a shot. You still have the remainder of the 12 months from the date of the Award Letter to file you NOD. Keep in mind, to use the DRO Appeal Process Review or Hearing, you MUST submit New & Material Evidence, that was not available to the original Rater. Do you have anything that would be considered, compelling N & M Evidence?
As time progresses, you can file for increases if evidence shows a worsening condition.
Semper Fi

Alcoholism is an addiction and needs to be treated but only when the person admits they have an issue. I don't think the VA for one minute thinks the Veteran enjoys being an alcoholic.  PTSD and Alcoholism are two different issues.  One can say that the Veteran drinks to mask the pain of the PTSD.
The OP must WANT the help and WANT to go.  Treatment for Alcoholism is available with the VA!

You can be diagnosed with PTSD but in order to file a claim for PTSD service connected is the diagnose for one, TWO that the PTSD occurred in service, and Three you are getting the treatment for it.
The mere fact that you get diagnosed with PTSD doesn't warrant a VA claim for S/C.  You have to prove it is related to while you were in the service.  A lot of Vet's think just because they have PTSD they are automatically s/c for it.  Not so fast now.....
Just go to the appointment and see how it goes.

I filed my NOD November 2014 requesting a DRO review hearing.....That was with Roanoke VA.  I inquired about my NOD because nothing was happening January 2016.  I was living in Texas.  I got my DRO review hearing February 2016.  I did not have it with the original DRO but rather another DRO because the DRO I was supposed to have was sick.  At my DRO hearing I presented a binder to the DRO and I had the exact same copy in front of me.  I went page by page in the binder with him pointing out the discrepancies I found from my original denial in November 2014.  I also provided a letter from my VA Podiatrist stating it was "more than likely" that my contentions were service related.  I provided additional N&M evidence.  During my hearing, which last about 45 minutes, the DRO made comments along the way that seemed favorable.
What I didn't like is the fact that he stated 60 days for a decision which is NOT the case!  I am not going on 4 months since my hearing and according to my DAV rep I am RTR (ready to rate) but with dates of March 26th, 2016 to September 20th, 2016.
I would like to mention I chose the "informal hearing" with the DRO and I feel that speaking on my behalf was the best route possible.
I hope I am successful! 

RD;
You need to wait for the letter before you do anything...You are putting the "cart before the horse" right now..
What is your current 60% for?
What do you think the insomnia is from?  
 

Rubberduck;
You didn't offend me :)  I just wanted to make sure you were aware about PTSD.
I wish you much luck in your claims!!!

Rootbeer;
I too just went through my DRO back in February for my NOD.  It's stressful but I think my outcome will be victorious!  I am awaiting the decision from the DRO as we speak. 

To the OP;
Unfortunately when you apply for any increase you open yourself up to the potential of a reduction.  This last C&P for TDIU is NOT favorable to warrant 70% BUT a big BUT, I posted a thread on here several months ago because I too went for an increase for PTSD amongst other contentions (when I filed I was 30%).   I filed an FDC, had my C&P exam for PTSD and I read it to my horror I thought for sure I was going to be reduced.  I was all over this board trying to get information to prepare for the worst and then the decision came......I was granted 50% PTSD!!!  An increase!  My point to this is....DON'T STRESS WHAT YOU DON'T KNOW!  The decision needs to come first and then you decide.  You might be panicking for NO REASON.  The rater takes many factors into consideration.  Just wait for the result.....Hopefully the worse case scenario is you stay the same!