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Second Class Petty Officers
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  1. No apologies needed. I reviewed the previous rating before I filed and I overlooked the part where the decision was based on both. When I read the C&P notes from the TDIU decision it was clear that the doctor stated I was unemployable due to headaches and that I WAS NOT unemployable due to PTSD. It's a learning experience for me as this is all new to me. I am still confused on how the C&P says that PTSD DOES NOT keep me from working but the rater decided it does??? The following is what was in my TDIU C&P. This is where the confusion comes in. If you read this you will understand why I feel that the decision to deny SMC-S was done in error. HEADACHE C&P NOTES: Veteran's headache condition impact his or her ability to work? [X] Yes [ ] No If yes, describe the impact of the Veteran's headache condition, providing one or more examples: the veterans headache condition at this time makes him unemployable, his daily severe pain prevents his ability to work a full time job. He can manage a few hours occasionally but could not be expected to work a full time job. He has these severe headaches daily, he has reported to his PCP that his headaches were preventing him from working, he is on SSDI due to his headaches as well. he has tried multiple modalities to improve his headahce condition and he states he hopes to find out what is causing them so they can be treated and he can get back to work, however at this present time he cannot work a full time job because of his headache condition. PTSD C&p NOTES: Regarding Individual Unemployability: Veteran reports that most of his impaired functioning at this time is secondary to his headaches, however this is deferred to medical opinion. Independent of his physical limitations, he is independent in his ADL's. He remains capable of completing multi-step well learned tasks. His concentration, persistence, and pace can be expected to be moderately impaired in a work setting secondary to his PTSD symptoms. Given his PTSD symptoms, he would work best away from the public and independently, but is capable of superficial interaction with a few co-workers.
  2. So I just received my denial letter for SMC-S. This is the reason for denial "Entitlement to SMC-S is not warranted because the criteria regarding housebound have not been met. There is no indication that the claimant is substantially confined to his dwelling and immediate premises due to disability, nor does he has a singe service connected disability rated as totally disabling and additional service connected disabilities that are independently rated as 60% disabling. Review of record of evidence shows individual unemployability was granted based on your service connected PTSD AND muscle tension headaches. This does not meet the criteria for SMC under Bradley vs. Peake. TO be qualified under this court ruling individual unemployability has to be granted based on one condition considered totally disabling, not a combination of disabilities." Thought on this??? Is this correct? Should I dispute this or did they handle this correctly? Thanks Doc
  3. Ru Ready, That is what I am worried about. There is absolutely NO reason to do another exam. I have several V.A.specialists and a C&P doc that all concur. That is why I am trying to figure out what the heck they are doing??? Veteran was seen by the Palo Alto VA "war related Illness and injury Study center" seen recently Feb 2016. The conclusion of this study was that the veteran has chronic fatigue syndrome, GERD, migratory muscle pain, and chronic skin infections are all related to his gulf war exposures. This is what was written in my C&P and then it goes on to describe how each issue affects me. This is why I am not sure why they would defer this and want me to go to another exam if I have had 5 exams in one week for this plus a C&P exam, all at the V.A., all documented really well.
  4. Asknod, Fair enough. I like your logic. Financially it does not matter when they decide to finish the claim since I have TDIU. It's a little more stressful to have to wait longer but sometimes stress can be a good thing and remind you your alive.
  5. I searched for deferred on the forums here and it seems that the answer were not conclusive. I have already had a C&p exam for everything listed here. The 2 things that were deferred were Chronic Fatigue and GERD. Both of these are VERY solidly linked by specialists and the C&P Doc. I guess I'm trying to figure out why the 2 contentions that both have SO much evidence would have been deferred??? The contentions that were a little more sketchy were all denied even though there is some evidence and diagnosis just not as much as the other 2 issues. Also I thought is you had pain it was automatic 10%??? I have back pain that is service connected but they rated it at 0% 2 different times. Any advice would be appreciated.
  6. I went ahead and filed the 526EZ a few days ago. I got a letter in the mail today that says they are moving my FDC claim to a regular claim because I submitted another EZ form asking them to look at SMC. What did I do wrong?
  7. Thank you. I just left a message with our county vet rep to see if he can help me get the paperwork and file a FOIA. My experience with VSO's in our area has been very poor. I have had to handle everything myself with my claims. I will put together a snapshot of what I find out from the paperwork and get some feedback from everyone here to see what they think and then Ill decide which way to go. I have heard that there are some good VSO's across the country and maybe I can reach out to someone outside our area if needed.
  8. I have not requested the file. I am still trying to figure out the best way to go about getting it. I am hoping that I can also get his DD214 and everything else related in order to put together an accurate picture.
  9. Meddac, We all do that I think!! At least I am guilty of it. As far as your questions with whats on the paperwork I am going to have to hold off on answering until I figure out how to get my hands on all the paperwork and have a chance to review everything. I want to not speculate on my end as far as what is on the paperwork at the V.A. because we all know its never what you think should be there and I have never personally seen his C file or anything related. I just have what I have been told by my mom and I want to verify it first. This is something that has been bothering the family for years and I would like to put it to rest one way or another. Thanks
  10. My mother agreed to let me handle filing a claim for my father. You see he passed away in 2000 at the V.A. Hospital. I need to know how to handle this. I am guessing that I need to obtain his C File, review it and put together the proof needed to show that he died because of service connected disabilites. He was 100% PT but not for 10 years so my mother does not receive any compensation because of it. Personally I think the V.A. was guilty of malpractice. They were treating him for pneumonia as an inpatient and he died of myocardial infarction. But I digress. I would like to see if there is any way that I can link his Sc'd issues with his cause of death so I can help my mother bet DIC. I need to review his records but I believe that he had PTSD, Agent Orange, Electrocution residuals???, Osgood Slaughters, and maybe a few other things. He was 11th Calvary F troop Vietnam 1967 and 1968 and I believe he was at Tet and a few other major battles. He may have been a tank mechanic or driver not sure. How do I proceed. I am sure this has been covered somewhere and I am just not finding it. If someone knows where I can find the info on the steps I need to take for a claim like this. I am pretty fluent in filing claims for current issues but on the Vietnam side of things its a little hazy. Thank you in advance Doc
  11. And one more thing. A lot of people with these problems are developing extreme sensitivities to chemicals including medicines. Anyone who has Gulf War Illness like symptoms please take a serious look at what medicines your taking and whether or not they are really necessary. Also if you do anything with chemicals like changing the oil in your car or using weed killers or anything similar please wear latex gloves. And a mask if applicable. I can tell you that since I worked with my primary care doctor to get off all the medicine that I did not have to have and also started protecting myself from chemicals I can honestly say that I feel a little better. Probably 20% or so better but I will take it. Anything we can do to take care of ourselves the better we will be. Talk to your doctor before stopping any medicines.
  12. I get that. They are linking everything to anything they can to keep things far from Gulf war stuff. I have an actual diagnosis from a specialist at a V.A. hospital of Gulf War Illness. In my records it is listed under my problem list as Gulf War Illness. Try finding that in my C&P exam! He would not acknowledge Gulf War Illness. Had to claim the symptoms instead of the diagnosis. I filed a claim for my symptoms but also for Gulf War Illness that way when they deny me for Gulf War Illness, down the road, when the V.A. starts recognising GWI as something that can be claimed I will have proof that I filed for it in the past. Not sure if it would make a difference but it makes me feel better. I have been reading a lot about GWI including Sec. McDonald's opinion on how it should be handled and l can tell you that the writing is on the wall. In my opinion the V.A. will be changing drastically for the better the way they handle Gulf War Illness claims. The Institute of medicine is changing their stance on GWI for the better. Mycoplasma research is now coming to the forefront. Sec. McDonald is accepting the IOM's suggestions to start calling it Gulf War Illness. Well at least he wants to call it multi symptom Illness due to Gulf War. It's a start. So I feel you first hand but I'm also optimistic about what's coming. Maybe I'm wrong but after countless hours of research I feel that we will see good things in the next couple years.
  13. You only have a few things to prove. 1. You were there. 2. You have a diagnosis of anything listed below. 3. Your diagnosis is not caused by something not listed. Cut and dry. That simple. Or it should be but we all know this is not always the case. Like I said above....you might be able to catch this before it is denied thus saving you a bunch of time. Gulf War Veterans who meet the criteria below do not need to prove a connection between their military service and illnesses in order to receive VA disability compensation. VA presumes certain chronic, unexplained symptoms existing for 6 months or more are related to Gulf War service without regard to cause. These "presumptive" illnesses must have appeared during active duty in the Southwest Asia theater of military operations or by December 31, 2016, and be at least 10 percent disabling. These illnesses include: Chronic Fatigue Syndrome, a condition of long-term and severe fatigue that is not relieved by rest and is not directly caused by other conditions. Fibromyalgia, a condition characterized by widespread muscle pain. Other symptoms may include insomnia, morning stiffness, headache, and memory problems. Functional gastrointestinal disorders, a group of conditions marked by chronic or recurrent symptoms related to any part of the gastrointestinal tract. Functional condition refers to an abnormal function of an organ, without a structural alteration in the tissues. Examples include irritable bowel syndrome (IBS), functional dyspepsia, and functional abdominal pain syndrome. Undiagnosed illnesses with symptoms that may include but are not limited to: abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders, and sleep disturbances. - See more at: http://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp#sthash.YSSvBsgo.dpuf
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