Billielea

History: I was increased to 70% last week from 50%. When I filed the latest claim I included TDIU. According to the VSO, it was not considered because I also have an open appeal that includes TDIU. I have not worked since I returned from Iraq in 2004 except to finish out my National Guard enlistment until 2007 because of my issue's. I have never had a Dr. give an opinion that I cannot work. Question: I have a MH appointment tomorrow at the VA clinic. This will be with a Dr. that I have never seen before. Should I ask him for a medical opinion as to whether or not I can work? Any advice would be appreciated.

Thanks Berta! I especially appreciate everything you do for Veterans. I will just have to wait and see. I have not worked since I returned from Iraq in 2004 except to complete my National Guard enlistment term in 2007. I didn't have anything from a doctor or VOC Rehab saying I couldn't work. I will just have to wait and see what they say.

Thank you everyone on HADIT! Checked ebennies and I have been increased to 70% from 50%. I do not believe I was awarded TDIU, but I guess I will have to wait for BBE or DD to know for sure. Nothing in my VA letters except spouse benefits letter. (My husband is AD). Here is what disabilities shows as of now, Disability Rating Decision Related To Effective Date residuals of gallbladder removal with irritable bowel syndrome 30% Service Connected 10/23/2015 gastroesophageal reflux disease Deferred residuals of traumatic brain injury (TBI) 0% Service Connected 10/17/2014 migraine headaches 10% Service Connected 10/23/2015 bilateral hearing loss Not Service Connected lumbosacral strain 10% Service Connected 10/23/2015 posttraumatic stress disorder with major depression 50% Service Connected PTSD - Combat 10/17/2014 tinnitus Deferred

As for the C-File, I received in June. It took 11 months.

Berta, Thank you for the work you are doing to figure this out. Buck, Yes I was SC 50% for PTSD in 2015. I did file a NOD for the EED last month.

As for Dr. Gail Poyner, I was convinced she did my initial C&P exam, but after receiving my C-File, I learned it was from a Dr. Rosco. I'm not sure if I saw her during another visit or if they just look alike. Sorry for that bit of erroneous information.

Berta, Thank you so much for your reply. Yes, I have filed a NOD for the latest PTSD rating and effective date and for my TBI rating decrease. Here is my 2009 decision letter. 2009 - Decision1.pdf

I have asked if this is CUE on here before, but I have since received my C-file and am able to upload my C&P exams. I was initially denied PTSD in 2009. I was awarded 50% in 2015. I have filed a NOD on the rating and effective date last month and made inquiries to a lawyer to handle my claim. The problem is it doesn't seem like CUE to me as I understand the definition. I was diagnosed with adjustment order in 2009 and then PTSD in 2015. The main reason I would like to try for an EED is the last paragraph of the 2015 C&P exam where the Dr. states: However, it should be pointed out that most of the symptoms the veteran described during today's MH examination, certainly those common to a PTSD diagnosis- she also described during her 7/8/09 Initial PTSD examination, in Oklahoma City Both C&P exams are attached. Any thoughts? 2009 C&P exam notes2.pdf 2015 - C&P exam Notes.pdf

Same thing on mine. I sent a letter requesting my C-file last July. Status of Your Claim Gathering of Evidence Submitted: 07/08/2015 (Freedom of Information Act / Privacy Act Request) Estimated Completion: 11/29/2017 - 11/05/2018 The time it takes to complete you claim depends on factors like the type of claim and the type of disability claimed. The estimated dates are based on a statistical analysis of historical processing times for similar claims. Some things you should know: Historical data may not accurately predict current conditions. Your claim may take longer. Dates may change as the statistical analysis is updated. Some claims will take longer than the range of dates given as they are based on an average. Submitting the supporting documentation that has been requested quickly and electronically is the surest way to get your claim decided as quickly as possible. Disabilities Claimed: Privacy Act Request (New) Representative for VA Claims: VETERANS OF FOREIGN WARS OF THE US Current Status: Gathering of Evidence

I submitted a new claim for tinnitus, hearing loss, headaches, GERD and IBS on 4/27/16. I just happen to look in my appointment calendar on ebenefits and already have a C&P exam scheduled for 5/19/16. I haven't received a letter in the mail yet, so I don't know if it's for one or all. That's crazy fast compared to past experience.

All, Thank you for the response's. Due to me posting all of my documents intermittently, there seems to be some confusion with the timeline and issues. I will attempt to run thru this chronologically and repost all documents including my 2015 decision which I had not previously posted and answer all questions. March 2009- Filed original Claim for the following issues and received results October 2009 (see 2009 - Rating Sheet below) I do not have the entire decision packet: TBI - 10 % SC Residuals, gallbladder removal - 0% SC Back Condition - declined SC Psoriasis - declined SC PTSD - declined SC / Stressor conceded as combat action badge. October 2010 - Filed NOD / DRO for PTSD March - 2011 - Appeal decision received. I never stated that PTSD was due to MST. The paragraph on page 2 of 2011Appeal decision below is just the last part of 10 pages that I cut out covering rules and US code that they sent in the letter. The actual decision starts at the bottom of that page. Results: PTSD declined - I did not submit any new evidence. Diagnosed as "adjustment disorder with mixed anxiety and depressed mood". Blamed on me worrying about my husband returning to Iraq, even though he had just returned??? October 2014 - Initiated following claims: (I had transferred to the North Texas VA and had finally began receiving treatment after being fed up with OKC VA. I live in southern Oklahoma, so its a drive for me to go to either one) PTSD - Re-open Claim. TBI - Request for increase. May 2015 - I reported for C&P exams at the Dallas VA clinic for PTSD and TBI. I'm not sure if this is relevant, but I received a call while my husband and I were driving there stating that the TBI examiner had to leave early and they would have to re-schedule that exam. I protested because it is a 3 hour drive. They called me back 10 minutes later stating that he would conduct the exam. He seemed pissed the whole time. His notes stated that No TBI residuals were present. This is also the exam where the PTSD screener stated "However, it should be pointed out that most of the symptoms the veteran described during today's MH examination certainly those common to a PTSD diagnosis- she also described during her 7/8/09 Initial PTSD examination, in Oklahoma City, three years PRIOR to her son's illness." ( see 2015 C&P exam notes below) June 2015 - Latest decision received. Results (see 2015 - decision part 1 &2 below): TBI - Decreased to 0% SC PTSD - 50% SC May 2016 - Wondering what my best next COA should be? Would like to get PTSD effective date back to 2009 and get TBI increased to at least percentage it was before. I have about 50 days to file my NOD. Q&A: Berta: What did the C & P doc diagnose you with? 2009 - TBI (SC) and adjustment disorder with mixed anxiety and depressed mood (not SC) 2015 - No TBI residuals and PTSD w/ major depressive disorder. Berta: Have you googled the doctor who did the C & P? I do not know the Doctor's name from 2009. But I have found several articles referring to a Dr. Gail Poyner who was conducting PTSD exams at OKC VA at the time. She was fired from the VA in 2010 for applying test to Veterans to see if they were malingering or faking. Her research paper can be found here: http://link.springer.com/article/10.1007%2Fs12207-010-9076-x?LI=true I would like to have my C-File to see if she conducted the evaluation. Gastone: What did you claim as the PTSD Stressors in your 09 app for PTSD? Combat Action Badge Gastone: The 1st Denial, discussed "No Evidence of Personal Assault," MST? No MST ever claimed. The paragraph that covers PTSD due to MST was just the last paragraph of 10 pages of regulations that they sent with the decision. Actual decision starts at the bottom of that page. Gastone: Did you know anything about the DRO Process Requirement, for the N & M Evidence? I did. My fault I didn't send any. I was fed up with OKC VA and assumed they would send me for a new C&P exam. Stupid on my part. Gastone: Did you ever get a copy of your 09 PTSD C & P DBQ? No, I did not. Blue button records do not go back that far. I have requested a copy of my C-File. EBenefits states that I will get it between NOV 2017 and NOV 2018. Gastone: Do you currently have a VA MH Psychiatrist/Psychologist that treats you on a regular basis? I was being seen at Bohnam, TX VA. After they kept switching Dr's a few times, I now just get my meds re-filled thru my family physician. My husband is active duty, so we are on tri-care prime remote. I also qualify for VA choice, but have not used it. Gastone: Have they given you an official PTSD DX? I have a PTSD diagnosis and receive 50% SC in 2015. Berta: Did they have the incident reports? I faxed in two incident reports. They do not show on the evidence list, but stressor was conceded with CAB. Flores97: Email congressman for C-File. Thank You for the advice. I emailed my congressman today and reiterated the time crunch I am under. 2011 - Appeal decision.pdf 2015 - C&P exam Notes.pdf 2015 - decision part 1.pdf 2015 - decision part 2.pdf 2009 - Rating Sheet.pdf

Also, I want to point out that my husband returned from his 2nd tour in October of 2008. I do not believe I would have said that I was that concerned with him returning when he had just got back as was stated in the decision. He usually has at least a couple of years between deployments. I could be wrong, I don't remember. I do recollect saying that when he was gone, a lot of the memories of what we did and seen during the invasion returned or bothered me more..?. Sorry, I can't be sure.

After some digging, I was not able to find my complete original 2009 decision. I did however find my PTSD appeal decision from 2011 and the rating part of my 2009 letter. I must have separated the 2009 letter at some point to prove I had a 10% service connection, but didn't want them seeing the notes. I hope this is enough to maybe point a path. I can't express how much I appreciate what you guy's are doing here. I have never been comfortable sharing this stuff with anyone, To the point that I have been doing this with just my husbands help because I did not want to talk to a VSO that I don't know. But I see on here that everyone is helping everyone fight the same fight. Thank you very much! In reference to the previous questions: It appears I did file the DRO route, and no, I did not continue the appeal to the BVA. I actually found where I started to fill out the VA form 9, but I was so fed up with the OKC VA back then that I must have said "screw it". Big mistake on my part I know. Appeal Decision 2011.pdf Original Rating 2009.pdf

Here is the C&P notes. C&P 2015.pdf

Berta, thank you so much for the response. I am out of town and cannot upload my 2009 decision. I should be able to in a couple of days. I will upload my latest C&P notes from blue button. The last paragraph of the last page is where the Dr. states "However, it should be pointed out that most of the symptoms the veteran described during today's MH examination certainly those common to a PTSD diagnosis- she also described during her 7/8/09 Initial PTSD examination, in Oklahoma City, three years PRIOR to her son's illness." The only proof I have that they received the NOD is that the appeal is showing in ebenefits. I do remember getting a letter saying they received it. The appeal was closed 5/31/2011. I do remember from the decision letter that the stressor was conceded but it stated that I lacked a PTSD diagnosis. Though I was told at an appointment prior to the C&P that I had PTSD. The C&P doctor stated that I was just stressed because I was pregnant. This is the main reason I am trying to get my C-file so that I see if these notes. I submitted the FOIA on 07/08/2015. Ebenefits: Estimated Completion: 11/29/2017 - 11/05/2018. My latest claim was closed on 6/29/2015. So I still have a bit of time before I have to file the NOD.

After almost a year of waiting on my C-File, I am starting my NOD without it. My question, which appeals method is better, DRO or TARP? Last year I was awarded 50% for PTSD reopened claim and had my 10% TBI rating decreased to 0% on an increase request. I originally filed in 2009 and was awarded the 10% TBI and denied PTSD. I filed a NOD at that time and wrongly assumed that they would call me in for another C&P and did not submit additional evidence. My appeal was closed in 2012 with no action. My last C&P notes on blue button state that I presented with same symptoms as 2009 C&P. Also, I realize the rules were different back then, but I had documented stressors (Combat Action Badge and serious incident reports). I plan on appealing the PTSD effective date and TBI rating. Please advise.

Hi Everyone, I am a first time poster. I have been reading this site for a few weeks now and have found it very helpful. This is my story. I served 9 years in the Army National Guard. I deployed to Iraq in March 2003 until March 2004 as a truck driver and witnessed many things. I received the Combat Action Badge (a year or two later when it was created). I was on several convoy's that were attacked with IED's and small arms, including one IED that hit my truck directly. I was not wounded, but was very dazed afterward. It took me several years to come to terms with the fact that I was suffering from PTSD. I was also afraid to seek help due the stigma that I felt it would have created in the Military at the time. In 2008 I ETS'd from the Guard. In 2009, My husband ( a combat vet as well) finally convinced me to seek help from the VA. I went to all my initial appointments, but was very disappointed with the level of care I received. Especially in instances where I would have to drive 3 hours to Oklahoma City, just to be told that one or more of my appointments would have to be re-scheduled. I was told that I have PTSD and TBI in some of the appointments. Later that year, I filed a claim for PTSD, TBI, and gall bladder residuals. (I had to be flown to Germany July 4th 2003 to have my gallbladder removed, then returned to Iraq. ) In my 2009 claim, I was denied PTSD, received 10% TBI, and 0% gallbladder residuals. I did file a NOD for the PTSD, but after that I did not follow thru on anything else concerning the VA. The C&P examiner for PTSD acted like it was impossible for me to have been in combat because I was a woman, and blamed everything on my hormones. I was done with the VA after that. Fast forward to 2013. I was still dealing with PTSD. After years of pleading with me, my husband finally dragged me back to the VA. Since we live on the Oklahoma / Texas line, My husband enrolled me in the North TX VA system. I started receiving treatment there and I was very impressed. I have even started to feel like I am making some improvement. In March 2015, I filed a Re-open PTSD claim and TBI increase. My ebenefits has been bouncing back and forth from "prep for notification" to "prep for final approval" to "gathering evidence" and up and down for three weeks now. It sits at "prep for notification" today. I called the VFW VSO a few days ago and they said that they can see where I have been awarded 50% for PTSD effective March 2015 but my TBI was decreased to 0%. I can see my C&P exam notes in blue button, and the PTSD examiner states that it is the same symptoms that I presented with in 2009. I am very elated that I am receiving 50%. While surfing the web doing some research on VA claims in the last few days, I discovered an article about the OKC C&P mental health examiner (Dr. Gail Poyner) being dismissed in 2010 for not following guidelines and performing test for malingering and pretty much denying most PTSD claims. After more research I discovered that it was the same examiner that I had. She has also written an article stating this out right. While I'm sure that malingering does happen, I wonder if she just assumes that everyone is faking. Although it took me a long time to come forward for help, my symptoms are real and her out right dismissal just made me feel like no one could help me and I just had to suck it up and drive on at the expense of my mind and my family. Does any one feel that I might have a case to appeal the effective date, or should I just leave well enough alone? All advice is appreciated.