USN_HM_VSR

Do you currently still have anyting on appeal? If so whats on appeal?

Looks good for IU due to TBI. Now just wait for the decision. The language that they use for IU is not your standard medical opinion all they ask is for them to make a comment on your ability to work.

Ok you had in service mental health treatment well that is huge and will greatly increase you chances of gettting service connected. So all we need to do is to get you to an exam and you should be good to go. Doesn't matter if you sent it as a original claim if it was previously denied then it will be changed to reopen. So this is what I would do if it was my claim. You mh treatment in the service, you were deployed to a combat zone I'm assuming SWA. Do you have any combat badges or campaign medals? So to get past this reopen BS and just in case whoever is working on your claim is a jerk decides not to order your exam, I would file a new claim for PTSD. Because a claim for PTSD is a clam for all MH conditions and its new there is no need for N&M evidence. All you would do is go to an exam get a diagnosis and a positive direct medical opinion in your favor related to your MH treatment in the service and you're SC. Where was this Audio exam done at VAMC? The Audio exam you should get no problem. So that leads me to think that it was accidentally sent to rating or the system can sometimes accidentally kick it to rating. No most likely not that they would just grant service connection based on what you sent. When you're initially trying to establish SC you can send in DBQs and medical opinions but the issue is that whoever is doing the DBQs needs access to your electronic claim file. So when establishing SC majority of the time you will see a VA examiner or contractor. After that if you're trying to do increases by all means send in a fully completed DBQ.

The contract exams typically take alot longer to receive than when it comes from VAMC. The projected date they have listed is automated and it means nothing. How long ago was the exams completed?

Its mostly likely denied again or it was automatically sent to rating on accident. You can call the call center 800-827-1000 but they don't usually tell you anything worth while. If the RO is nearby I would go in and request a status check.

Its hard to say w/o knowing more specifics. But generally if you file and it goes right to the prep for decision w/o an exam thats not a good thing usually. Why were you denied the first time around for the Psych? Did you get an exam the first time? If so how long ago was the exam? What did you submit as evidence? For Tinnitus are you S/C for hearing loss? If so again when was your last compensation exam for Audio?

Thanks broncovet, I was not aware of this either.

Did you do the private DBQ?

Its probably because of the deferred claim. Looks like they did a partial rating granted 50 to 70 you'll likely get a notification letter for and more development is needed for the deferred either opinion, exam or maybe clarification.

That doesn't make any sense. You brought them a copy of your 214 that shows service in the Gulf and you were still denied health benefits? Double check your 214 I know you said that you received a HON discharge, but something is not adding up. That 1071-31 is used when VAMC submits a request to VBA RO for a Character of Discharge determination.

Another thing you can do is wait for his PTSD initial to be completed and get a copy of it in the records the dept a few days later. If he has a diagnosis of PTSD, its related to fear in hostile military environment, and they can place him in Vietnam based on his personnel records then no 0781 needed. Wait until you get your decision then submit your new contentions. If he doesn't have a dx of PTSD based on the exam then submit the 0781 w/your remaining contentions b/c you will be removed from FDC anyways. FDC stuff aside the retro is great but most importantly is to get service connected.

That's odd reopens, reconsideration should show up in ebenefits. How long ago was it filed?

Thats great you were able to find that.

Cross of Gallantry unless something change doesn't waive the 0781. He will get an exam for the PTSD Initial, but for whatever reason if he walks out of the exam w/o a dx of PTSD that 0781 can help him still get SC and if you didn't submit and VBA sends you a letter for the 0781 and you return it then you're out of FDC. FDC will not speed up the process. The only benefit for FDC is if you get SC on your original claim you will receive an additional 12 months of retro pay. How many contentions does he have so far just PTSD?

Yes, you will be booted from FDC if you send any additional evidence. All the Psych documents you sent will help but he will still need to attend a VA Exam PTSD Initial. Does he have any Combat medals? I assume he has a Vietnam service medal and Campaign Medal? Thats great that you submitted the 0781. Because if you didn't then he likely would have been booted from FDC. If he has any of these medals than the 0781 is not required. Air Force Achievement Medal with "V" Device; Air Force Combat Action Medal; Air Force Commendation Medal with "V" Device; Air Force Cross; Air Medal with "V" Device; Army Commendation Medal with "V" Device; Bronze Star Medal with "V" Device; Combat Action Badge; Combat Action Ribbon (Prior to February 1969, the Navy Achievement Medal with "V" Device was awarded.); Combat Aircrew Insignia; Combat Infantry/Infantryman Badge; Combat Medical Badge; Distinguished Flying Cross; Distinguished Service Cross; Joint Service Commendation Medal with "V" Device; Medal of Honor; Navy Commendation Medal with "V" Device; Navy Cross; Purple Heart; and Silver Star.

Were you waiting on LOD's or something? Reserve/Guard is another story. They are notorious for not sending records and holding on to records even after the vet seps from the reserves. The best thing to do is to go and get Guard/Reserve records and send them in especially if you're still in.

Okay I have my complete CFILE in electronic format. Stopped by to see the POA he downloaded all my files merged in PDF and put them on a disc. Now lets see how long it takes for my paper request to go through Janesville.

Thats great you have your originals. Thats complete non sense that they don't take copies from the vets. They'd prefer it come from the RMC or NPRC but guess what in your case if you walked off with the originals the chances that either of those places with have copies is highly unlikely. As for myself I have original copies of my records as well, but when I separated I made copies and kept the originals and returned the photo copied versions to the clinics. Other vet's please be aware that if you walked off with your originals and the RO sends you a letter for your records that means they only have either partial records or no records at all, so this could definitely affect the outcome of your claim because you could potentially not have a link to service with the records they have on hand.

Marty, I'm sorry to hear you had to go through all that and still are having issues with your claims. But you said you claimed depression before in the past? And it was denied? Okay now if it were my claim I would drop the PTSD claim now. It is actually the more difficult conditions to get SC for unless you have a Combat Medal or have an in service dx from what I've seen. Now the path of least resistance and the thing that sticks out to me the most is your in service tx for depression and the fact you say the Prednisone side effects are depression. * You have a link to service your tx for depression * You have a curren dx/tx for depression/anxiety Now all you need is a nexus medical opinion to link your current condition to the in service tx/event Thats not all I would also submit it as a secondary as well to your already SC SARCOIDOSIS. You can submit it do a VA exam and get two opinions one directly to service and one secondary opinion. Or take the private DBQ, take your VA MH tx notes to a Psych Doc outside have them do a DBQ and opinions.

What was the original reason for denial? Verification of stressors? No diagnosis? When was your claim for PTSD orignally denied? Did you have any in service MH tx complaints in your records?

It depends on what you're claiming and your diagnosis as well. Pull up your CnP exam see what the diagnosis is. ICD-9 CODE ICD-9 CODE DESCRIPTION 293.84 ANXIETY DISORDER IN CONDITIONS CLASSIFIED ELSEWHERE 300.00 ANXIETY STATE UNSPECIFIED 300.02 GENERALIZED ANXIETY DISORDER 300.09 OTHER ANXIETY STATES 309.21 SEPARATION ANXIETY DISORDER 309.24 ADJUSTMENT DISORDER WITH ANXIETY 309.28. ADJUSTMENT DISORDER WITH MIXED ANXIETY AND DEPRESSED MOOD So it can vary. If you claim gen. anxiety disorder, they'll used go to your psych exam and get dx with Ajd. disorder then the dx codes are going to be different. These dx codes are also used to figure out which DBQ's to used as well. Why do ask? What are you trying to figure out regarding these codes?.

"exaggerated, feigning and malingering" OK this part isn't good. This is typically a hint to the raters for automatic denial. Your treating psychiatrist dx of PTSD will only get you another exam and hopefully with a different examiner. PTSD initials are required to be done at VAMC or contract examiners. This is why there is no private DBQ for PTSD Initial. Its possible to have a PTSD dx and walk out of the exam w/o a dx of PTSD according to their standards. You didn't happen to have any in service tx complaints on AD for MH did you, anything in your records to point to a MH condition? Or treated within 12 months of SEPS? Did you have any MH tx prior to service? And if so is it noted on your entrance exam? Did you deploy? Any Combat or Campaign specific medals?

I've never heard of with holding compensation for workers comp. CnP examiner Works for VAMC it is unlikely that they know anything about with holding of comp. A lot of them know nothing of the rating schedule, they are trained to do the exams. A lot of folks at VBA aren't that familiar with withholding that's why only certain people specialize in that area. If anything if are you are SC for the knee, you injure it then guess what? it's time for increase exam. you get workers comp thru the work place or state or disability insurance you pay into.

Very nice good to hear.

typically says on your mail correspondence. oh I see sounds like someone didn't generate your notification letter.