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fatheryabueloDE9
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Posts posted by fatheryabueloDE9
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Well I think I found this reference you are looking for. Had a heck of a time finding it.
Had to put it in PDF the source is listed below and when you click you have to download a word document first, but when trying to copy and paste it screwed up the formatting so I made it into a PDF for you.
Section A. Examination Requests - Veterans Benefits - United States Department of Veterans AffairsTbird,
I appreciate the link and document. This stuff is confusing!
My mind was scrambled before and still after my Claim closed in late April.
A part of my MH problem seems to be having impaired abstract thinking. That seems to fit part of the criteria for the 50% rating.
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If the rule changes during the claims process, the VA is supposed to use the rule that is most favorable to the claimant. In your case, they can use the DSM- IV(if the DSM-IV was being used on the date your claim was filed). If the DSM-V was in effect then they must use that. Back when they awarded me(1999) my 100%, for PTSD, the rules had changed and they had to use the one most favorable to me. It worked out well for me!
pr
pr,
I appreciate your reply.
In May 2014 when I filed my PTSD claim, the DSM-IV was used in the MH persons notes exclusively.
To my knowledge, right or wrong, it changed in Oct. 2014 for new Claims.
It makes sense if the DSM-IV was consistently used by my CBOC MH team then to be consistent the same would hold true for the VA's C & P Psychologist and the St. Petersburg Florida RO Rater .
Maybe that would have benefited me more.
How does a lay person as myself determine which DSM, IV or V favors me?
A Nam Vet
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The DSM-5 replaced the DSM-4 because the DSM-4 was making it harder for Vet's to be S/C for PTSD. The DSM-5 allows more Vets to get S/C now for PTSD....
It is really irrelevant to your claim b/c the C/P exam performed used the DSM-5 which is the most recent one.
I had my C/P exam in OCT 2014 and they used the DSM-5
Why are you filing an NOD? Did you read your C/P notes to see what was provided to you regarding your s/c 30% rating? The DSM-5 will not be an issue for you to file the NOD.....
PTSD has a break down as to what each % represents - look at the below and then read your C/P exam...I am pretty sure the language for 30% is in your C/P exam.
General Rating Formula for Mental Disorders:
Total occupational and social impairment, due to such symptoms as:
gross impairment in thought processes or communication;
persistent delusions or hallucinations; grossly inappropriate
behavior; persistent danger of hurting self or others; intermittent
inability to perform activities of daily living (including maintenance
of minimal personal hygiene); disorientation to time or place; memory
loss for names of close relatives, own occupation, or own name .................... 100
Occupational and social impairment, with deficiencies in most areas,
such as work, school, family relations, judgment, thinking, or mood,
due to such symptoms as: suicidal ideation; obsessional rituals
which interfere with routine activities; speech intermittently illogical,
obscure, or irrelevant; near-continuous panic or depression affecting
the ability to function independently, appropriately and effectively;
impaired impulse control (such as unprovoked irritability with periods
of violence); spatial disorientation; neglect of personal appearance and
hygiene; difficulty in adapting to stressful circumstances (including
work or a worklike setting); inability to establish and maintain
effective relationships ........................................................................................ 70
Occupational and social impairment with reduced reliability and
productivity due to such symptoms as: flattened affect; circumstantial,
circumlocutory, or stereotyped speech; panic attacks more than once
a week; difficulty in understanding complex commands; impairment
of short- and long-term memory (e.g., retention of only highly learned
material, forgetting to complete tasks); impaired judgment; impaired
abstract thinking; disturbances of motivation and mood; difficulty in
establishing and maintaining effective work and social relationships ................ 50
Occupational and social impairment with occasional decrease in work
efficiency and intermittent periods of inability to perform occupational
tasks (although generally functioning satisfactorily, with routine
behavior, self-care, and conversation normal), due to such symptoms
as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or
less often), chronic sleep impairment, mild memory loss (such as
forgetting names, directions, recent events) ....................................................... 30
Occupational and social impairment due to mild or transient symptoms
which decrease work efficiency and ability to perform occupational
tasks only during periods of significant stress, or; symptoms controlled
by continuous medication .................................................................................. 10
A mental condition has been formally diagnosed, but symptoms are not
severe enough either to interfere with occupational and social
functioning or to require continuous medication.................................................. 0
Hi Navyforlife,
Yes, my C & P did have section about the s/c 30% rating. His narrative also did not fitI disagreed right away.
Three days after my exam, I saw and copied my C & P results from my HealtheVet, I disagreed.
The year plus of notes by the MH team had the wording which fits the 50% criteria rather than the former one.
Last Friday, I met with the VSO about my Rating results. He concurred I should file the NOD and get a DRO.
He is away on VA updates/training this week. We will get together to prepare the NOD upon his return.
A Nam Vet
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Good day fellow Vets,
It appears many C & P exam results posted the last few months are quoting the use of DSM IV, some DSM-V.
I filed my claim in May 2014. My C & P exam was in March 2015. The VA Psych examiner official results quoted using DSM-V.
Since Feb. 2014, my primary CBOC, MH practitioner (a contracted LCSW) exclusively used DSM-IV.Most of his notes about my visits from Feb. 2014 through Sept. 2014 quote DSM-IV terminology; all have a GAF of 45. (None recently.
He was on medical leave from late Oct until this month)
Recently, in April 2015, my Regular meeting with my 2nd MH person was changed at the last minute. Upon my CBOC arrival,
I had a tele-conference with a MD/Psychiatrict at the VA's W. Palm Beach Regional Center.Her notes of my "visit" quoted I was at a GAF of 55.
Btw, my Claim closed about 2 weeks ago.
A few days ago, my VSO stated the VA's RC Raters are suppose to be using the DSM in effect when a claim is filed. He has been a VSO for 15 years.
A few days ago, the VSO and I met about the 30% rating I recently was given by the FL Regional Office.
I am filing NOD but not specificially about the DSM issue.
I am confused !
Can I please have guidance on what is correct VA rater policy?
Thanks for any clarification.
A Nam Vet -
Yes!!!! Hope it keeps getting better and better for you!
Semper Fi.
Great for you!
Enjoy relaxing now.
a Nam Vet
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If they give you a 30% rating, you should appeal it. My initial award was 30% and I appealed, appealed and appealed some more. It took 10yrs and 5 months but I got my 100% rating, retro to day one of my claim. They always lowball claimants! Neve give up!!!
pr
VN 9/65-9/67, 11B4P
1st Cav.
Hello PR,
Well, it is now a month since your post above.
My Claim closed yesterday at 30%- a BIG disappointment. But I am happy I got in the door.
I saw the rating & $ amount on eBenefits- my stomach sank! (I just signed up for Ebenefits in early April.
I spoke briefly with my FL. VSO. Of course we both disagree.
We will be filing an NOD, appeal. But, I have to await the BBE /package from the Rating people.
I do need to find out WHAT is going on with the effective date.
My eBenefits Dashboard, Disabilities has 05/29/2015 as effective date. I saw and printed my AB8.
But the AB8 letter of yesterday has the effective date of Dec. 1, 2014. a 6 month difference ??
The Dashborad Disabilities sounds correct or at least more accuate than the letter.
My Notice to file was May 28, 2014, the VA Claim shows my Claim received 06/04/2014.
Back in May 2014, and yesterday, my understanding confirmed by VSO that my effective Claim
date is June 2014.
Now the struggle. I am confused. Somewhere on this forum I thought reading
that one can ask for a review of the C & P and Rater?
Well this became a long reply. I do appreciate your post of Mar 23rd.
XNam Vet
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Congratulations on your award. With a 30% rating, you are now entitled to travel pay for all VA appointments. You can also request retroactive travel pay back to the effective date of your claim. You should have already received travel pay for all of your C & P exams.
Good luck to you.
GP
Thanks GP,
I did not know about your comments above. No travel pay yet for my 120 r/t for C and P exam of early March.
Is it automatic? My claim closed just yesterday, Apr.22
I've been searching to see if my new Priority 2 still has co-pays and so on. I am going to appeal the 30 % rating.
XNam Vet
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Hi Fellow and lady Vets,
My claim closed today which was good to read on Ebenefits.
Last month, I began to read this Vet forum.
Note, before continuing: I use large font because it's easier for me to type and read. Difficult for me using a standard KB. Thus, I've used an ergonomic KB for 15 years.
I wasn't sure which topic to post this item. Below covers PTSD, Claim and eBenefit processing times,C and P exam, and related issues or symptoms.
Summary: A Vietnam vet who waited 45 years to seek VA MH help. I filed for PTSD, combat and MST in May 2014. My claim was a FDC.
Three weeks before my Mar. 2015, C & P exam by a FL VA PhD, the VA informed me that my FDC was changed to a regular claim.
I'm unsure why. I complied to a Dec. 2014 VA letter by re-submitting data I first filed provided with my FDC, and the VA acknowledged receiving in May 2014.
The VA acknowledged in June, and again this AM that my original FDC claim's effective was May 29, 2014.
About eBenefits, I joined in early April 2015. Below is my EB activity since April 5:
On April 5, my Claim status was "Pending Decision Approval." Monday April 20, it went to "Prep for Notification." This AM, it was closed and I saw the results.
I appreciate my 1st ever VA claim being decided in less than a year. However, the overall rating of 30 % was not expected- a disappointment.
My rating is 30% for PTSD, MST and Combat. My MH history, and "My Healthevet" notes and problems over the last year plus shows me having MDD, Anxiety, alcohol Abuse, and other symptoms.
I understand DSM-V was to be in use about October 2014. My MH notes had my DSM-IV GAF at 45 several times until Sept. 2014. My primary MH person was on leave from Nov. 2014 until April 20, 2015. The 2nd MH person reiterated in her notes that I have PTSD, Depression, Alcohol Abuse and a few other issues.
Repeating my belief: I am happy my claim closed. But, I am very disappointed at the rating. I realistically expected a higher overall Disability rating based on my overall MH record since 1st seeking treatment in early 2014.
On one of my first forum posts, I stated not being happy with the C and P rating by the VA psychologist. The exam was about 50 minutes; none of my issues were brought up to discuss by the PHD.Likely I will be filing a NOD having spoken briefly with my local (FL) VSO today.
Now, I have to await for the mailed BBE or BWE to read the Raters rational.
Well, my NOD and appeal is another topic.Take care.
XNam vet. -
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Periodically start checking "VA Letters" in your Ebenefits account. In "VA Letters," click "Benefits Summary Letter." Your rating will probably show up here before you receive the BBE.
Good Luck.
GP
Hello GP,
Thanks for the reply.
One thing I did NOT mention is my estimated completion dates changed from 04/05/2015 to 05/20/2015 for PDA to 05/06/2015 - 06/20/2015 on Prep...now. Interesting !
After browsing related topics, it looks like many vets see their Bennies before letters. Others do not.
I wonder if it might depend on the Regional office ?
I am in Florida.
Take care,
XNamVet
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Hello Vets.
At noon today eBenefits had me at "Pending Decision Approval".
Tonight, I got some news-I hope. My claim now shows "Preparation for Notification."
I am relatively new to eBenefits, this forum and been following other Vet postings to get ideas of what to expect, when, and so on.
My Notice of Intent was sent in May 2014; my 1st ever claim (FDC) was for PTSD Combat & MST. It was received by the VA effective June 2014.
The VA changed my Claim from a FDC to regular about 3 weeks before my Mar. 4, 2015 C & P.The C & P, by a VA PHD went well. The Opinion is yes, for SC on both PTSD stressors.
I am confused on whether or not I can see the Rating(s) %, monthly and other data on eBenefits before I receive the BWE or BBE.
My eBenefits level is Premium.
Should I be able to see the Rating results, etc on eBenefits first ?
Thanks
XNam vet -
Weavvv
Congtrats !
In a way I can relate to your situation.
My Ebenefits has shown me at Pending Decision Approval since April 5 which is the date I first logged-in.
I find my self checking my Ebenefits every day even though a few weeks ago, I told myself that I would check it every other day.
Keep the faith.
XNam Vet
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Great news & happy for you.
take care
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First of all, I realize times vary on various factors. My FDC was filed in Florida in mid-2014.
Brief summary: My 1st-ever VA Disability claim for PTSD ((Vietnam 1968-69), both Combat & MST was filed in May, 2014. It began as a FDC. But in mid- Feb 2015 or 2 weeks before my C and P, a VA letter stated it is now a regular claim.
My C & P was in early March 2015. The VA's Psychologist said yes to having both types of PTSD; both are Service Connected.His opinion language included "at least as likely as not (50% or greater... "" probability) .., and MOST LIKELY parts in his opinions.
About wait-time, I began using eBenefits 2 weeks ago. Since then, if not before, my Claim is listed as PAD. Hopefully the next step is forward,to the Preparation for Notification.
EBenefits has an time frame of 04/05/2015 to 05/22/2015. I read the tag with it about wait could vary based on ...
Generally speaking, what is the average time lapse between a claim going from PAD to Prep for Notification?
Thanks for your feed back. -
Rating Question
Beginning when, IF actually a VA mandated Policy for 2014/15 Claims, is the DSM-V to be used for rating SC Claims?
In early 2014, I began MH counseling in Florida. My 1st diagnoses in Feb 2014 had a GAF of 45. Several times until Sept, 2014, the MH team rated me at 45.
Sept was the last time my regular CBOC MH team used GAF's on Notes.
My C & P exam was Mar. 2015. The VA Psych only reported the use of DSM-V criteria.
A few days ago, Apr 6, 2015, a VA MD / Psychiatrist (substituting for my regular CBOC, MH person stated me having a GAF of 55.
I am awaiting my Rating. Ebenefits still shows "Pending Decision Approval."
I 'd appreciate clarification, if possible , about what should actually be used by VA raters. Recently, I've seen 2014/2015 C & P reports stating GAF Ratings, either DSM IV or V or a combination of both.
What is the policy, if any?
Thanks,
Older Nam Vet
( I am posting this under a few topics.)
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Rating Question
Beginning when, IF actually a VA mandated Policy for 2014/15 Claims, is the DSM-V to be used for rating SC Claims?
In early 2014, I began MH counseling in Florida. My 1st diagnoses in Feb 2014 had a GAF of 45. Several times until Sept, 2014, the MH team rated me at 45.
Sept was the last time my regular CBOC MH team used GAF's on Notes.
My C & P exam was Mar. 2015. The VA Psych only reported the use of DSM-V criteria.
A few days ago, Apr 6, 2015, a VA MD / Psychiatrist (substituting for my regular CBOC, MH person stated me having a GAF of 55.
I am awaiting my Rating. Ebenefits still shows "Pending Decision Approval."
I 'd appreciate clarification, if possible , about what should actually be used by VA raters. Recently, I've seen 2014/2015 C & P reports stating GAF Ratings, either DSM IV or V or a combination of both.
What is the policy, if any?
Thanks,
Older Nam Vet
( I am posting this under a few topics.)
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Rating Question
Beginning when, IF actually a VA mandated Policy for 2014/15 Claims, is the DSM-V to be used for rating SC Claims?
In early 2014, I began MH counseling in Florida. My 1st diagnoses in Feb 2014 had a GAF of 45. Several times until Sept, 2014, the MH team rated me at 45.
Sept was the last time my regular CBOC MH team used GAF's on Notes.
My C & P exam was Mar. 2015. The VA Psych only reported the use of DSM-V criteria.
A few days ago, Apr 6, 2015, a VA MD / Psychiatrist (substituting for my regular CBOC, MH person stated me having a GAF of 55.
I am awaiting my Rating. Ebenefits still shows "Pending Decision Approval."
I 'd appreciate clarification, if possible , about what should actually be used by VA raters. Recently, I've seen 2014/2015 C & P reports stating GAF Ratings, either DSM IV or V or a combination of both.
What is the policy, if any?
Thanks,
Older Nam Vet
( I am posting this under a few topics.)
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Periodically go on your Ebenefits account and click on "VA Letters" and then click "Benefits Summary Letter." When your rating changes it is usually updated on your "Benefits Summary Letter" before you receive your official notification from the VA.
Take care.
GP
Thanks for tip GP,
Took a few minutes then realized it was under "Manage", then Documents and Records.
Nothing yet in Benefits Summary Letter.
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Google 38 CFR 4.16 and you will find the info you need regarding TDIU.
Good luck.
GP
GP
Thanks,
I looked at it and understand a little better.
What puzzles me is that my SC claim is still in pending approval status.
Thus I do not yet know the Rating(s.)
Part of the VA's C & P does Psyc does mention in the report my trouble of keeping jobs. But that
was primarily in 2002 and before, In 2002, I was 55. Now I am almost 68.
Soc. Sec. did put me on 100 % SSDI in 2002. I never really looked for work after that.
Again in 2007/08 SS said I could not do "substantial work .
Most likely, I think needing to wait for Ratings.
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It's hard to guestimate what your rating will be but 30% or 50% sounds probable. If you are not working you should apply for TDIU now, along with dependents benefits, if you're married or have minor children. I would also add a claim for P&T. I would add a claim for alcoholism/use/abuse, secondary to PTSD, also. It won't get you any more money but could help should you die of something related to the alcohol use/abuse. jmo
If you're interested you can look up M-21, which is basically a step by step guide telling the VA how to rate claims.
pr
Hi PR,
I thought I replied to your suggestion in late March. No, I was wrong!
As I stated late in March, I am new to any Veteran assist forum.
There are a few TDIU process questions which I am not sure about.
Last year, the VSO who helped me understand how to file my Claim stated 1st one needs a rating
of 60 % before one can consider IU filing. Is he wrong?
I am almost 68.
When I was 55 in 2002, Soc. Sec. awarded me 100% SSDI.
In 2007 or 2008 SS reviewed me, declaring me still 100% disabled.
Except for a very brief SS Trial periodperiod in 2006, I have not worked since 2002.
My original W Comp and SSDI claim were for Carpal tunnel.
My California Comp lawyer said he was surprised I was judged 100% by Soc. Sec for carpal tunnel.
He believes it had to do more with my mental issues.
For several years, off and on in the late 1990s thru 2002 plus, I was getting VA and private MD RX's
for depression, and seeing psychiatrists etc.
Twice, I asked Sec. Sec for detail medical records for the adjudication; twice nothing received.
For years, I had issues with work "bosses", lost some good jobs. I strongly believe it had to do with my military "authority issues" from Vietnam. The C & P Psychologist even stated that in my C & P report.
At 68, Can I still apply for TDIU? Before my PTSD rating comes in?
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Hello fellow Veterans and friends,
Summary: Last June, I filed a FDC (1st ever) for PTSD, both Combat & MST. The VA changed it to a regular claim.
A month ago I had my C & P. The VA Psychologist's opinion was a Yes on both items, and listed both Stressors. He also said both were Service Connected.
Today, I went to Ebenefits and saw terms new to me.
It looks like my claim was reviewed by a VSR and is now gone on to the next step "Pending Decision Approval."
There was also a notation: "Development Letter Sent."
Could someone please explain what the latter term means ?
Also does anybody know if I will get a combined rating?
Thanks to all. -
I am not sure how they will rate you.A more experienced member on here will help you.But i have a friend who is a vietnam vet,who filed a claim for PTSD and MST after many years,like you are doing and he was awarded 100% P&T PTSD.Good luck with your claim bud,happy to hear you finally seeked helped after 40 years.You will get all the help you need on Hadit,great site with great knowlegable people,hope your well.
oiler1995,
Thanks for reply.
Your response and that of others give me hope. However, I know each case is different.
After so many years, any award if any would be welcome. My last real job was in 2002. Since 2002 on SSDI until I turned 65, then "regular retirement benefits".
I believe part of my "keeping a job" problem relates to the MST and authority, etc.
btw, I finished college after Nam, had some good jobs... but many things stayed with me.
I beginning to see how HELPFUL the people, as yourself are very helpful and SUPPORTIVE !
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It's hard to guestimate what your rating will be but 30% or 50% sounds probable. If you are not working you should apply for TDIU now, along with dependents benefits, if you're married or have minor children. I would also add a claim for P&T. I would add a claim for alcoholism/use/abuse, secondary to PTSD, also. It won't get you any more money but could help should you die of something related to the alcohol use/abuse. jmo
If you're interested you can look up M-21, which is basically a step by step guide telling the VA how to rate claims.
pr
pr,
I appreciate your post.
I googled VA, M-21, and it looks really detailed with various updates and sections.
In 2002 (age 54) I applied for SSDI. Four months later I was awarded 100%. Now almost 68. Only work since was 9 month Trial Period Soc. Sec allows. SS reviewed me ( their 5-7 yr review.) SS said I was still 100% or useless
.I asked SS for a detail report 2 x. Once by phone; told no. About 3-4 months ago, I wrote SS asking; no reply yet.
As far as P & T (TDUI), a year ago when I was doing my FDC, the VSO told me not to worry about it at that point. He said I needed a minimum 60% Disability Rating first.
Would a claim for P & T be done before or after getting the awaited rating?
Thanks for advice.
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Hello fellow Veterans,
I am pretty new to Hadit or any forum helping vets.
Recently, I received and read my C & P report.
Two weeks before exam, the VA notified me my FDC is now a regular claim.
I know my wait may be lo-o-oog.
Btw, I am a Vietnam vet who waited over 40 years to seek VA help
I am unclear as to how the VA"s Raters might determine a rating.
Also, I do not know if the VA Rating will use one or two disabilities.
Question: Based on the data below, any educated guesstimates based on forum observations
or experience with other vets ?
I have both PTSD Combat and MST and do not know if rated separately or are combined
with the VA Psychologist's other Rating factors.(below.)
Below "other..." is the VA Psychologist's Opinion,
Other relevant C & P data:
My Diagnosis, 1. PTSD, 2 Alcohol Use Disorder,
PTSD "stressor" experiences were both Combat and MST in 1968-69.
The C & P VA Psychologist's report section 4. Occupational and Social Impairment
rates me in the 30% bracket. (with which I do not agree.) The C & P exam was only 1 hour.
(The VA Psychologist Opinion follows below)
Stressors:
1. PTSD Combat,
2. PTSD MST
Initial 2014 CBOC, Mental Health exams report me having PTSD, MDD & anxiety.
C & P Psychologist states for VA Raters:
Depressed Mood,
Anxiety,
Chronic Sleep impairment , &
disturbances of motivation and mood.
TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR
DIRECT SERVICE CONNECTION ]
a. The condition claimed was at least as likely as not
(50% or greater probability) incurred in or caused by the claimed inservice injury, event or illness.
c. Rationale: To reiterate, the veterans PTSD is MOST
LIKELY related to both his
fear of hostile military and terrorist activity as
well as to MST.
The record MOST LIKELY supports the occurance of MST.
Finally, the veterans symptoms did MOST LIKELY have onset while in
the military.
Opinion is based on clinical experience and research, clinical interview data, DSM5 criteria,
behavioral observation, and supporting service and
medical records
Besides a possible rating of 0-100%, does any Vet or someone have a similar experience
or knowledge of a similar situation?
I'd appreciate any reasonable idea.
Thanks,
Have a good day,
.
Update 5/11! Fdc Complete With Success!
in Success Stories
Posted
Navy04,
Congratulations on claim!
an XNam Vet