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Andyman73

Master Chief Petty Officer
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Posts posted by Andyman73

  1. To add to what broncovet said, keep this in mind as well...most of us with SA and Cpap have struggled, or are still fighting with the VA to get SC for SA. 

    And one more thing, if DXd and RXd Cpap, please use it. A fellow Vet and coworker of mine's father died, at age 53. He thought he could spend a weekend prepping his hunting camp for deer season, without his Cpap. Fell asleep in a lawn chair in front of the fireplace, after the first day of hard work.  They found him there several days later, still in the lawn chair.  My friend is taking it pretty well, but his step-mom and kid sister are devastated.  Autopsy results showed asphyxiation due to position of head and neck,slumped over, his body couldn't even choke/gasp itself awake.

  2. LauraB,

    I don't know your situation, specifically speaking, but I know exactly what you speak of, with your MH C&P exam!!!  I had mine on Nov. 3rd, 2015.  That guy did NOT want to talk about my chronic pain, which is the basis of my depression secondary to chronic pain, claim.  Boy did he not want to, at all!

    He kept going back to pre-service years, and I must have told him several dozen times that my chronic pain is one of the root causes, and it all happened in the service. I have a pile of evidence that very clearly points to chronic pain and the injuries that caused it. But that didn't matter to him, and the RO wasn't interested in it either.

    I hope and pray your results are much better than mine.  No one deserves to be treated like a felon convicted of fraud/perjury.

    My VA MH Dr told me that he was probably trying to be sure I wasn't making it all up.  I told my Dr that even so, all the physical evidence and manifestation of symptoms of the MDD he had already DXd me with, should have been proof enough.  But I guess it wasn't...

    Yes, this website is a Godsend...thanks again, Tbird!

  3. smoothc100,

    A fellow at my church went over to Bosnia maybe a half a dozen times, in the late 90s and early 2000s. He knew I had been in the Marines, and always greeted me warmly.  I don't know what ever happened to him and his family, as they stopped coming to the early service, some years later. I think he was with the PaNG Stryker unit.

    The public easily forgets, but we Veterans never do. No matter how much we may want to.

    Andy

    Semper Fi

     

  4. Rakkasan,

    I had an alcohol related incident, which netted me an Article 15/NJP. Out of that I enjoyed a 3 week outpatient treatment program. So I was presented with an opportunity to go a different direction, so I did.

    Yes, if you get lowballed at 50%, file that NOD, since SI is in the 70% bracket, the law states the VA must give you that rating.  You may get treated right, and be granted that rating from the get go.

    But me, I had a slickster for my MH exam, tried his hardest to avoid talking about the main reason of my claim, which is depression secondary to chronic pain.  I even had talking points all written up, with a few sentences describing each one.  Sent a copy in to be added to my evidence, had a copy for examiner, and one for myself.  Fat lot of good that did.  RO told me, after the fact, that she could not and would not weigh the overwhelming physical evidence against his opinion.  That examiner is one of the few people I ever truly wanted to "share" my pain with, literally.

  5. According to the regs, they must, by law, give you the highest possible rating based on your symptoms.  This tells us that you should be rated at 70% due to the SI. Again, should be, by law.  We all know, however, that the VA defines the laws to suit it's needs on a case by case basis.

    Personally, I called the hotline last May. I've been dealing with SI for far too long. Tried it a few times with alcohol, and once got stopped in the act with a knife.

    But I get to ride the NOD train to nowhere land, thanks to an examiner who chose to ignore the reason for the exam and all the evidence available.

    You should get your sleep issues looked at, since some, like sleep apnea, get their own ratings.

  6. You would think that there must be something more to it, than just a 10%, if that's what they told you rated at, but separated you anyway.

    I saw something recently, and I think their ratings are more so for regular medical retirement and for retention/reenlistment qualification.  And the VA's rates are for compensation.  Or something like that.

    I don't feel hijacked.  Too busy falling down my own rabbit hole to notice, anyway.

     

  7. awgv001

    The only one on the list, that I know of, that I do have is the hypertension.  I have some disc issues, especially the L-5/S-1, and several higher up the spine to a lesser degree.  I have pins and needles, and electric shock type symptoms, and a hot wet sensation as well, but these have been present off and on starting shortly after boot camp.  It's the burning that is new, to me, in the feet.

    I do have pes cavus w/plantar fasciitis bilateral for 30%.  And low back pain/strain at 40%, and 10% each knee for patellafemoral pain syndrome.

    I've been dealing with neck issues for a few years now,  not SC, yet.   But working on it.

    No hard alcohol use since mid-enlistment...either.

    Thanks for the info...sometimes I feel trapped in my own mind...like a mime in an imaginary box, except that I feel that no one can see me...feels like I missed the bus, and am running after it hollering, but can't get anyone's attention, so wheels on bus go round and round...leavin me in the dust.

  8. So, I recently began feeling like my feet are on fire.  It feels like I stepped into a campfire that's been tamped down, no visible flames, but still very hot down under.  It comes and goes, no rhyme or reason. Also, for a year or two been getting the same on the back of my L hand.  It's not hot enough to make me holler, but nearly so.  I told my PCP a while back, about the hand fire, said it feels like scalding hot water was poured on it.  Feet fire feels a little different.  While the hand burning feels like it's on the outside,  the feet fire goes all through, skin, flesh, bone even.

    Nothing makes my MDD seem so much better like adding more fuel to the fire(pun intended).  Any ideas what can cause that type of sensation? I know it's not diabetic nuropathy, as I get my blood checked several times a year...and my sugars are well within the normal operating range.
     

  9. First off, you have to have a record showing chronic pain, which usually takes more than a year or two.  Secondly, you should have then, continuing treatment of said pain noted in your SMR or VAMR as well, showing continuity of said pain.

    For example, say a Marine fell down a flight of stairs....perhaps on November 21st, 1992. And lets just say, for sake of conversation that this flight of fancy(or just plain ugly) happened on said Marine's 5th day of boot camp, at the beginning of a 6 year enlistment.  One would think that 23.5 years of treatment records and complaints of pain in both the SMR and VAMR would be enough to show chronic pain(never mind the wording "chronic patellafemoral pain syndrome, bilateral" actually written).  However, since said hypothetical Marine did not seek any help for MH issues, until last year, the VA chose to ignore the medical evidence the clearly shows chronic pain.

    So...unless you want to end up like said hypothetical Marine, with a denial(because they can) you should seek MH treatment from the VA(harder for VA to deny what their own MH drs say) and establish a paper trail of treatment for depression due to your pain issues.

    Just because said hypothetical Marine called the hotline, last year, at the end of his rope, doesn't mean that the VA will connect the dots that you have laid out so nicely for them.

    By the way, I am very offended that you would think I may be offended, and your statement of "no offense" is very offending in it's nature, implying that you meant to offend. How rude!  And offensive, too. Okay, not really. But that hypothetical Marine, from above, may or may not be slightly offended due to the degree of perceived offensiveness of your claim of "no offense". Or maybe not, said Marine is often dazed and confused, and most of the time can't get it right, due to usually getting it left.

    So...to rehash 1) inservice injury with treatment records, 2) records of ongoing treatment, since it's hard to prove chronic if you have no record of ongoing complain or treatment. 3) evidence of MH being effected by said chronic pain, preferably MH treatment records.

    Semper Fi

  10. I had said elsewhere on here, that as Vets we are guilty(denied) till proven innocent(granted SCD).  The VA is only for us as long as we don't want what is rightfully ours to begin with.  Then they are fully against us.

    Your PTSD will rate higher with the depression, most likely in the 50% rate range. And that will make your feet feel like dancing. 

    You will need to file for sleep issues secondary to PTSD. 

  11. Malandroaz,

    Sorry if I was confusing, you had no info to go on, so I was being general in my reply.  Also your profile shows 0%. If you were given a rating from the military it doesn't carry over to the VA, the VA will give you their rating, which may be same, but usually better.

    Since you have the complaints in your SMR, and you are already SC for each, it's hard to get more than one rating for each knee. But that does not mean you weren't lowballed and you can file for increase. The chronic pain is a separate issue.

    You would file it as caused by bilateral knee condition(bilateral meaning both). The thing is this, most joints get rated based on ROM, if the pain causes your range to be a little limited, then 10%, but if pain is causing severe limit to the ROM, then it would be a much higher rating.

    Now...more specifically your chronic pain issue would be best addressed as mental health(MH), the chronic pain interferes with your quality of sleep, making you tired all the time. And you've had to cut out a lot of activities due to knee pain, leading to depression. 

    Yes, you can file for 2 secondaries from one primary.

    I hope this clears away some fog and haze from my earlier post.

  12. 44 minutes ago, malandroaz said:
    • Chronic PainPain
    • Pain Diisorder (believe if I push or grab stuff)
    • Cause Depression 
    • Cant Sleep (get well since suregery over 2 years ago)

    Ok, have you been complaining about the pain and how it effects your life? It's hard to get depression secondary to chronic pain, if no complaints in your SMR or VAMR. But not impossible. Chronic pain is a leading cause of both MH and sleep issues.

    I'm not sure if you can file a claim as: depression and sleep issues secondary to chronic pain. But let me tell you this, it may be much easier if you were already getting treatment for MH issues.  If not, perhaps contact your PCP and request a referral to MH because you think your pain is making you depressed, and interfering with your sleep.

    To give you some idea on what possible roadblocks you may face with this, I fell down some stairs on 11/21/1992(injured knees and lower back) which certainly establishes chronic pain time frame, and was DXd last summer by VA MH Dr with MDD, filed a claim for depression secondary to chronic pain, after speaking with my dr first. Got denied, mostly due to the MH examiner ignoring the reason for the exam in the first place, and the VARO ignoring all the evidentiary matter at hand.

    But that is just my experience, yours may well be much better than that.

    Semper Fi.

  13. How or why are your knees each 10%? Mine are, but I fell down some stairs on the 5th day of boot camp. Who DXd your knees? If no event or complaint in your SMR, what would you be claiming them as secondary to? You would claim bilateral painful knee condition, or something like that, secondary to what ever the cause is.  They will check both knees and go from there.

    For example, last year I claimed foot pain to include plantar fasciitis.  I was DXd by examiner who is a Podiatrist with Pes Cavus w/bilateral plantar fasciitis at 30%.  Which covers both feet.

    So a similar outcome is possible for you with your knee claim.

    Semper Fi

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