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Andyman73
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Posts posted by Andyman73
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Rocket1949,
Congratulations on your bump!
Look at the decision letter, see what or how or why they DXd you with SA. If it is caused by your PTSD, then yes, file for SA secondary to PTSD! Do it today, via eBennies, to get the date locked in!
Did they give or prescribe CPAP? If so, it's an automatic 50% rate for SA w/CPAP usage. As for what evidence to submit, their own DX is the evidence. A copy of your decision letter showing that, VA notes from Blue button download, and any VA based treatment records(if you have any yet) for the SA also.
Good luck and God speed! SA is a tough nugget to crack with the VA. Many of us that suffer from SA are in a tough uphill battle over this. However you may have it relatively easy since they DXd you very recently.
I filed a claim for sleep disturbance issues and sent in my private Dr. DX of SA with CPAP as evidence. I had noted during a health survey, while on AD, that I had issues sleeping and used OTC sleep aids and booze to help sleep. And my recent, yet undecided, C&P exam for depression secondary to chronic pain, the examiner DXd me with chronic sleep disturbances. I just hope it's a strong enough link for my claim.
Semper Fi.
Andyman
- Vync and Rocket1949
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What he said!
Also, if you have contentions not claimed, but are in your service treatment record, you really need to file claims for them, as well. And same goes for any secondary conditions that may have developed over the years, caused by any injury or illness while you were in.
In for a penny, in for a pound.
Semper Fi.
Andyman
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Yes, it's time for the pols to stop their posturing and bloviating and do the right thing. The thing that was promised to Veterans generations ago! Someone who will get that Bill that is stalled out, moving and champion it till it's approved across the board, and implemented to it's fullest extent. The Bill that is supposed to give us COLA, and address the overall general weak compensation amounts.
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Today both my PTSD due to MST and my Major Depression claims were denied. I had my C&P on 12/17/2015. I picked up my exam notes from the records department of my local CBOC where the exam had been held, and just a few minutes later my MST coordinator called to tell me of my denial. I checked e-Benefits and it has already been finalized with notification letter sent.
The C&P examiner did several things I find fishy and that I was uncomfortable with during the exam, and then apparently diagnosed me as Borderline Personality Disorder and reported that I don't have PTSD. I had been diagnosed with PTSD by different (civilian)doctors in both 2006 and in 2014. I am very upset by this because in her report, she states that I meet all the criteria, but that she won't count the D and E criteria because she thinks it fits better with a BPD diagnosis. I have no idea how or why she made this determination. She said my symptoms were "long-standing." Well, yes, they were, because the stressor that caused my PTSD occured 17 years ago. This is what her notes said when she denied that I have PTSD.
“The Veteran is reporting an alleged sexual assault during her time in the Army that would meet Criterion A and reporting symptoms consistent with criteria B, C, F, G, and H. However, her reported mood symptoms, anxiety, impulsivity, substance use, irritability and angry outbursts, risky behaviors, risky sexual behaviors, and social and occupational are better accounted for by her BPD diagnosis.”
“The symptoms she is reporting that would meet PTSD criteria D & E are better accounted for by her BPD diagnosis, appear to be long-standing and more of a characterological nature.”
I don't feel comfortable at this time sharing more of her C&P notes. It is still too fresh for me.
I am trying to figure out what my next step will be...filing for an appeal or a reconsideration. Any advice or insight would be greatly appreciated.
jcox,
I want to apologize for what happened to you. I know it's not my fault, but I want you to know I feel hurt for you.
While my situation doesn't even belong in the same building as you, I too had a MH C&P exam where I was treated as if I was telling fairytales. This inspite of the boatload of evidence to the contrary.
One of similarities is this, my examiner didn't think I have depression, or just minor, even though I am DXd by a VA MH Dr. with MDD. I filed for depression secondary to chronic pain. I have multiple pain related SCDs, some of which were awarded to me back in late 1998. Which kinda lends to the chronic pain issue. My VA MH dr says chronic pain plays a HUGE part in depression.
So the examiner wrote that he couldn't see how a minor leg injury could lead to chronic pain based depression.
Oh, one more thing, my exam was on November 3rd., about 6 weeks before yours, and I have not heard one thing.
Do you have your C-file? IF not file a request for it ASAP!!! It will take some time to come, but will have very important info in regards to your claim, and will help determine what you need to do, as well. Same for your service record and service treatment records. You can request them all at the same time on the same request form.
If you can post your C&P results on here, with the identifying info redacted, some of the smart Vets on here will be able to give you some good guidance on your next step.
I will be praying for you.
Semper Fi.
Andyman
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If it makes anyone feel better, I had a dream that I got 70% when it came back up. Lol.
eBenefits still shows the same for me too. :-(
Wouldn't that be the best Christmas present in a long time???
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I agree completely, Andy.
Also, after I was SC, I tried to get travel pay reimbursements for all of the preceding visits. My VAMC only allows veterans to file for travel for appointments within the last 30 calendar days. Ripped off again...
Young lady told me the same thing, 30 days, fortunately I had 3 priors inside that window and was able to file for those travel days! Small victory, but a win none-the-less!
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Hey Andyman
Did you file for depression as secondary to your chronic Pain? to your SC disability's?
if so lets us know how that goes?...I'm thinking you have a good chance of approval buddy!
I'll keel my fingers cross for ya buddy.
I am expecting denial with my claim I never submitted a nexus letter and from what asknod mention on the Hadit radio show Wed Night That' will be the reason I get denied.....live and learn I guess eh!
...........Buck
............Buck
I had my exam back on November 3rd, and since then there's been no movement on ebennies, everything is sitting in the prep for decision stage.
The examiner gave me the whole enema of questions regarding anything that may trip me up or discredit me. Not one question on how I feel in different situations...which is to say, he did not use a DBQ.
I told my MH doc about it and he told me that that particular dude does that to everyone. And that same dude should not have disregarded all my evidence and current and long term SCDs involving pain related issues.
My evidence that I had sent in prior to the exam covered all injuries received, all STR entries, all pain meds prescribed, when, how long, during AD and since then from the VA. Most of which were NSAIDs. Also included my alcohol related incident STR entry and the ETOH eval, DX and recommented treatement.
Seems to me that he was conducting an exam for something other than pain related depression.
Semper Fi.
Andyman
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JB(nom de plume(or keyboard))
Thanks for the info. Good luck in your new endeavor! Hopefully you will have much success at helping Vets show the VA the error of it's ways. Where are you going to be located, in case I have need of a good lawyer to fight the VA?
Semper Fi.
Andyman.
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My travel pay comes in paper check form, and runs between $14.50 and $16.50, even though it's the same place. I tried the kiosk once and it wanted account info for travel beneficiary...so I just canceled that and filed out the paper request.
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Jason,
Welcome brother, to Hadit! Congrats on your award! I will say this...err on the side of caution. My twin brother was advised by his county's VA rep to file for SSDI and wait for some time to pass, and let the dust settle before attempting any kind of work. It didn't take him long to get his SSDI, and after that he went to "work" for a Christian global aid network. His pay was satisfaction in knowing he was helping others less fortunate then him. He averages 6 hours a week doing that...which is about the limit of what they can offer him.
His therapy....10-15 hours a week chasing fish with a big stick and bits of shiny metal attached to the end of really long string.
Semper Fi.
Andyman
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I was at my VAMC for physical therapy this Monday, and I asked a young lady at one of the info windows if I could claim travel for that. She said that if you are 30% or higher you can claim travel for any and all appointments. So....all those appointments I went to....$0. for me. Not to fuss tho, I was able to file for 3 recent ones tho. And they always come as a hard check in the mail.
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I will probably end up going that route as well.
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I remember him saying it was roughly $9,900.00. And it took about 2 years for his VA comp to buy it back.
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andy,
if the marine got 30 percent from the military, he would have been considered military retired. you only got compensation, if you were found to be 10 or 20 percent.
and, yes, i had to go through the same thing when i got my va service connected disability. took a long time for the va to recoup that too.
I'm not sure what his options were, but he told me he took a lump sum. Maybe it was a payoff for the rest of the time left in his enlistment. He said he was too angry to think about that stuff when it was happening to him.
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flores97,
I plan to, I have a few claims floating around the merry go round of my VARO at the moment. I'm thinking I'll wait until the new year for this one.
I did have a complete list printed out of all my VA prescriptions which also showed how often I ordered refills and such. I still have it.
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update merry Christmas to all well im in the 100% club now according to ebennys site 100% ptsd 30%ibs/gerd 10%tinnitus 10%hearing loss 10%R knee10%Lknee 20%Lshoulder 10%Rshoulder ive been crying all day thanks to all on this site and Never Give Up The Fight
Amen, brother!(Hulk Hogan voiceover)
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My current claim/s has been sitting in the prep for decision phase for 6 weeks now.
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bc,
I do believe you about your fibromyalgia, I recall my mother enjoying it more than 30 years ago. The only thing she is a veteran of is being married to my father, a 24 year career Army, disabled Vietnam combat Veteran. She suffered with it for many years, as far as I know, still does( the fibro, not dad!
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Ok, call your VAMC and speak to the benefits counselor about the mysterious form to fill out.
And as for the dependency....do you have kids, or a spouse? Could be for that. But usually that only matters if you are, or are going to be rated at 30% or higher. Since the VA only pays an allotment for dependents starting at the 30% disability rating.
Semper Fi.
Andyman
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Malpractice- Veterans-FTCA- 1151
in FTCA Federal Tort Claims Action
Posted
Not only a scam, but in the case of the QTC owner, that it clear and present unfavorable bias to the VA and not the Vet!!!