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kluender
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Posts posted by kluender
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Buck52, my veteran has been out of the Army since 1980 and no one bothered to help him. It's a shame
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Oh Berta, you made me cry. Like you, I feel terrible when I hear about stories like this. My cousin has been spinning his wheels for years. He has a veteran brother-in-law who has done quite well with his claims, but hasn't cared enough to help out. Actually, my cousin is my cousin by marriage, but to me it doesn't matter. He's been very kind to me since I got to know him a few years ago. He's a veteran who has many disabilities and there's no way I can turn my back on him. I'll do whatever I can to help with the little inowlege I have. He thanks me over and over for helping him receive 10%, but I'm very disappointed. It's a beginning though. Even though I spend as much time as I possibly can helping, I still don't think he's getting the help he deserves. When he jumped off the 2 1/2ton truck after the truck ran over his friend, he messed his back up, but there's nothing in his record to prove it. He also has a skin disease that he developed in Panama referred to as "jungle rot", but doesn't have enough proof in his active duty records. He's practically deaf (he was an 11B), but can't hear instructions at has C&P. The examiners refer to him as "uncooperative". He's been denied twice.
I have my own challenges. This is my husband's 5th bout with larynx/lung cancer in the last few years. In a couple of hours we have to head back to Charleston for 6 weeks of chemo and radiation. I'm so tired, but I'll continue to help my veteran when and as much as I can.
i know you're busy and I don't know if you read this, but it sure felt good to get this stuff off my chest.
Thank-you so much for your kind heart Berta.
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Berta, he didn't realize he was diagnosed with a mental disorder in 2006 until yesterday when I told him. He didn't file a claim for PTSD until 5/19/2015 and was denied. He filed again for PTSD in 08/2016 and was awarded 10%.
A NOD was filed due to the low rating. His VA record reflects that he reported suicidal thoughts, lack of sleep, withdrawal from friends and family, nightmares, continuous thoughts of a friend who was run over by a 2 1/2ton while he was in the back of the truck and continuous thoughtsabout his best friend who died in an accident.
The 10% rating he has is for PTSD.
He's not computer savy. In fact he doesn't own a computer.
Is the 2006 diagnosis a mute point at this time?
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Berta, he didn't realize he was diagnosed with a mental disorder in 2006 until yesterday when I told him. He didn't file a claim for PTSD until 5/19/2015 and was denied. He filed again for PTSD in 08/2016 and was awarded 10%.
A NOD was filed due to the low rating. His VA record reflects that he reported suicidal thoughts, lack of sleep, withdrawal from friends and family, nightmares, continuous thoughts of a friend who was run over by a 2 1/2ton while he was in the back of the truck and continuous thought about his best friend who died in an accident.
The 10% rating he has is for PTSD.
He's not computer savy. In fact he doesn't own a computer.
Is the 2006 diagnosis a mute point at this time?
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I just read my cousin's VA medical records and discovered that in 2006, during a consultation, the clinical psychologist wrote, "...one could make a case for PTSD, but I was struck by his severe major depression. He reports vague hallucinations, which may be part of a schizoaffective disorder, but could be associated solely with a severe major depression with psychotic features." He also wrote, "While in the military, he did experience a trauma in seeing a fellow soldier underneath the tires of a truck, although this individual did apparently recover. He noted continued bad dreams about this."
Prior to the psychologist's assessment, under symptoms/diagnosis, PTSD is checked. After the assessment, depression and PTSD are both checked with a question mark beside PTSD.
05/19/2015, he filed a claim for "service connection for post traumatic stress disorder, to include depression" and was denied "because the medical evidence of record fails to show that this disability has been clinically diagnosed." Also, "During your VA examination, no diagnosis of PTSD was made. Also, we have not found that you experienced a stressful event in service, including fear of hostile military or terrorist activity."Around August 2016, he applied again and noted trauma from seeing his friend injured under a 2 1/2T and also from having his hometown best friend, who my cousin talked into entering the military with him, die after his truck went over a bridge. He received 10%. A NOD has since been filed. I found the psychologist's 2006 diagnosis after the NOD.Can anything be done about oversight of the 2006 diagnosis of PTSD and severe mental depression at this late date? -
Thanks to everyone who responded. I chose to appeal the onset date and am now waiting for an answer. While researching my case, I just happened to look at my Social Security account online and found that my SSDI was approved. I will receive my first check November 12th, 2014, which will come in handy to help my disabled sister until she receives hers. I'm keeping my fingers crossed for the retro though. Thanks again!
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Barbamatt, are you saying that the onset date is sometimes just an arbitrary date that they select? I haven't worked in over 4 years with hardly any changes to my health.
Jbasser, I received 100% VA disability effective October, 2010. How would it help to get an earlier date?
Thanks to both of you for responding.
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Yesterday, I received a letter from Social Security. Topic: Supplemental Security Income Notice. It states, "We have found that you meet the medical requirements for disability benefits. An explanation of our finding is attached.....We have not yet mad a decision about whether you meet the non-medical requirements...."
While overjoyed that my case has come this far and so fast, the part that I'm concerned about is the onset date. My application states that I stopped working March 3rd, 2010, which would be my alleged onset date. I received 100% total and permanent disability from VA in October, 2010.
Conditions listed on the Social Security Administration Explanation of Determination are:
Anxiety
Depression
Memory loss
Ankles problems
Diabetes
Intervertebral disc syndrome
Paralysis of the sciatic nerve
Pes planus
Plantar fasciitis
Urinary incontinence
It then reads, "While you may have experienced symptoms related to these as early as 03/04/10, you did not meet the SSA disability requirements at that time. Based on the evidence in your file, the earliest date that you met the requirements for disability was 04/04/14. Prior to that time, the limitation by condition would not have prevented you from returning to doing all types of work. Therefore we have established an onset date for your disability as of 04/04/14."
From 03/03/10 until present, my condition hasn't changed except for being down graded from 50% to 30% for depression in 2010, prior to receiving 100% from VA in Oct, 2010. I know that if I appeal, my case can be reviewed and I could be denied SSDI. Does anyone have any idea why my onset date would be 04/04/2014? The only thing significant about that date for me is that it's birthday. So far, I haven't used a lawyer.
Should I be concerned that the subject of the notice reads, "Supplemental Security Income", instead of, "Supplemental Security Disability Income"?
Thanks for your help.
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Thank-you for the information Berta.
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My husband was diagnosed with Stage 1b lung cancer last week after resection of his left upper lobe. He spent one month in Vietnam sometime in the mid 1960's, but returned to the states early due to a family emergency. His DD 214 doesn't reflect the short amount of time he spent in Korea. Is my best course of action to request copies of his PCS orders to Vietnam from the NARA?
From my research the only rating code I've found close to lung cancer is 6819 - neoplasms, malignant and 6820 - neoplasms, benign. According to CFR 38, veterans approved for benefits from the presumptive list of diseases for Agent Orange, receive benefits at the 100% rate for 6 months after surgery, etc. I'm having trouble finding a rating code that covers the residuals of lung cancer so that I can estimae what his rating will be.
Will it count against him that he was an habitual smoker until about 8 years ago?
Also, is there a recent Fast Track System list for Agent Orange presumptives that includes lung cancer? Since he's in no shape to make a VA visit, I'm looking for a way to establish his claim date as soon as possible. The only Fast Track System list that I could find doesn't list lung cancer. Please help.
Thank-you
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I forgot to add, PT also!
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I thought this day would never come! I'm finally 100% scheduler! Paying off bills and taking care of my children!
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All you have to do is fill out this form:
http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf
Then send it, Return Receipt Requested via U.S. Mail, to your local VA Regional Office.
In the body of this form, simply state that you are suffering from an INCREASE in symptoms of your Service-Connected leg paralyis and that these symptoms have now begun to affect not only your leg but your hip, etc. and that you would like to request an increase in your rating to cover all the above, etc. and that you want all the benefits available to you due to this disability.
You can go to the above-mentioned form and fill it out on-line and then print it out (you can't save it from the download site).
Thanks
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I am thinking that the numbness is, of course, related to your spinal condition and would be covered under the same diagnostic code (and, probably under the SAME claim) as your service-connected right leg. In other words, you may be best served by intiating a claim for INCREASE.
just sayin....
Good idea. Thanks Larry.
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Without much info all I can do is tell you it should be in the diagnostic code area of 8520-8530 area. This leaves alot of stuff, but I don't have access to your records to be able to see what kind of nerve damage you have. Also, you could possibly have more than one group involved
Hope this helps,
Bergie
Thank-you Bergie.
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Do you have secondary problems like lower back pain or trouble with knees or hips cause by the natural problem of compensating for walking and standing. In your IMO you should bring it up with your Doc.
Good Luck
The secondary problems that I have are left plantar fasciitis, bilateral knee problems and bilateral ankle problems. I've submitted a claim for left plantar fasciitis and the ankle problems. I haven't started a claim for the knee problems because I don't have an IMO yet. I've also got partial paralysis below the right knee and back problems that are already service connected.
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Have you had any surgical treatments for the PF. These treatments are the things that will cause you to become IU.
I haven't had any surgery, just injections.
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Yes.
You go to your private (if you don't have one, then get one) podiatrist or orthopedic surgeon and get an "Idependent Medical Opinion" and get it sent in to the VA, now. Take this VA C&P exam with you when you go, along with your SMR's (Service Medical Records). Tell your private doc that they should state in their exam report that they did read your SMR's before making their report. I don't remember the maximum % of disability that you can receive with a diagnosis of plantar fasciitis, but you need to tell them that you are seeking the "maximum disability as allowed by the Code of Federal Regulations..........". You can do this now, even though you have already rendered your claim, by simply sending them a form 21-4136 so stating.
Thanks Larry. With an IMO how much weight will they give to the C&P exam if they conflict?
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I've read through the post here on "Hadit" and haven't come across anyone else with this question. I'm service connected for partial parlysis below the right knee (20%), but I've also got numbness above the right knee in part of my thigh, hip, and groin area which occured at the same time due to a prolapsed disc. Is there a rating code that covers this part of the body?
Thanks
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I went to a C&P for plantar fasciitis for an increase January 23rd 2010. I'm presently at 10%. This morning I got a copy of the C&P report from VA. There are several items in the report that I disagree with such as:
1. "There are no calluses or edema." I showed the examiner a callus during the exam.
2. "Stability and strength are normal." I've got partial paralysis below the right knee with no feeling in half of my foot.
3. "She uses no corrective inserts...." I told the examiner that I don't use inserts because they don't help with the pain.
4. "The arch is normal". There is a statement in my SMR that says that my right foot was almost flat with only a small arch remaining. My podiatrist at VA annotated that in my records that I have flat feet.
My question is: Is there anything I can do to correct this before I receive the results from the C&P? I know that I can appeal this after I received the results, but is there anything I can do prior? I had to quit my job a month ago due to service connected disabilities and have put in a claim for unemployability which could take a long time. Please help.
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I see you are 90% now- are you still employed?
If not have you applied for TDIU as well as filing this claim?
Berta, I'm still employed. I have no choice, but to hang in there. It's tough, but I've got a 14 year old and a 20 year old college student. I haven't filed a claim yet. My plan was to file next week, but the PCM's notes are a major setback. By the way this was suppose to be an exam for my knees (NSC), not a C&P.
Service connected: DDD, partial paralysis below the right knee, unrinary incontinence (wearing diapers - this is tough at work), bowel problems, depression, metarsalgia, allergies.
Thanks John, Pete and Berta.
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I think I would go back to the PCP and try to get him/her to correct the record. Talk to them and explain how they may have made the error though lack of communication. You don't want to call them a damn liar even if they are.
The PCM stated in her noes that my heel and toe functions were normal. I can't stand on the toes of my right foot because they're contracted due to partial paralysis below the right knee or maybe plantar fasciitis. Also, I've got painful heel spurs in both feet. Besides, she didn't even check these functions.
Also, she stated in the report that my SLR was negative, that I have normal range of motion of the hips and that my gait was normal. Neither SLR or ROM of the hip were checked. I hobbled to the visit on a crutch and during the visit asked for a wheeled walking device because of bilateral plantar fasciitis of the feet, pain in both knees (NSC) and pain in the left hip (NSC). I told her that my right knee was buckling which causes me to fall.
She sent me to x-ray and requested an evaluation for a wheeled walking device which was issued to me. X-rays showed that I have mild osteoarthris of both knees (NSC). X-rays didn't reflect and problems with my left hip.
There are other discrepancies that make it appear that she examined someone else. I hope I can get this changed because I'm working on getting my knees, ankles, heel spurs, pes planus of the right food and left hip service connedcted. She happens to be a new doctor at VA.
I hope you're wrong about what you said Pete53. Hope I'm not scr*wed. Thought I justed needed to figure out a way to get a nexus for my NSC disabilities.
Thanks for everyone's help.
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Under 5 U.S.C. § 552a(d)(2), each agency that maintains a system of records within the scope of that statute must permit an individual “to request amendment of a record pertaining to him.” When such a request is received, the agency must either “make any correction of any portion [of the record] which the individual believes is not accurate, relevant, timely, or complete” or must inform the individual of the reasons for refusing to amend the record and the procedures for requesting review of that refusal. Courts have held that expungement of agency records is an appropriate remedy under 5 U.S.C. § 552a. See Hobson v. Wilson, 737 F.2d 1, 64 (D.C. Cir. 1984), cert. denied, 470 U.S. 1084 (1985); R.R. v. Department of Army, 482 F. Supp. 770, 774 (D.D.C. 1980). If documents are permanently removed from a claims file on the claimant’s request in accordance with 5 U.S.C. § 552a(d)(2), such action would not, in our view, constitute “unlawful[]” removal of Government records within the meaning of 18 U.S.C. § 2071.
§1.579 Amendment of records.
(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:
(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or
(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official. (Authority: 5 U.S.C. 552a(d)(2))
(
The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.
(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office. (Authority: 5 U.S.C. 552a(f)(4))
© Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official’s determination. (5 U.S.C. 552a(g)(1)(A))
(d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph © of this section, the Department of Veterans Affairs will clearly note any part of the record which is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputed record has been disclosed. (5 U.S.C. 552a(d)(4)) (38 U.S.C. 501(a))
Wow! Thanks Sharon.
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Does anyone know where I can find an example of a letter that requests correction of notes made during an exam by a VA pcm?
Thanks
The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.
Is this a CUE
in CUE Clear and Unmistakable Error
Posted
By the way Buck52, thanks for all that you do.