kent101

I don't know if I have a docket number. I know ebenefits was updated and says "intake processing" at the "board". Should my VSO know my docket number?

I have a rare disease in both ears. It's called "Patulous Eustachian Tubes". My disease started in service and I have a nexus letter. I'm wondering how the VA could rate it since it causes multiple problems to my entire body. When the Eustachian tube opens my voice echos very loudly in my head (autophony). It makes it hard for me to breath normally. I get dizzy and disoriented feeling because I can't get enough oxygen in my body(asthma? Balance disorder?). I taught myself to only breath through my mouth since breathing through my nose makes it worse. I can easily lose my voice (aphonia) because of this. I get chronic fatigue because of the stress. It completely destroyed my ability to have relationships and work because I have to constantly lay down for 15 minutes every few hours just to temporarily fix it. How would the VA rate this disease since it's rare and not even listed in the ratings?

My Vet Center therapist had me sign a records release forms for my claim. She said the VA isn't authorized to look at your records without your consent.

You said this in another thread " I've often had a fear about the PTSD LCSW therapist putting improvement Notes in Myhealthvet Notes...simply because when a VA employee such as a LCSW or Even a VA Phyistrist or MH M.D. IF they put these types of notes in your records (you guessed it BONUS) R.O. Sees this it will usually create a proposal to reduce . My opinion I don't think PTSD will ever have a cure but they can pres-wade you into thinking it can be....PTSD changes the mind and no matter how sociable you can try to be you will always have Panic Attracts and other behavioral problems. JMO" I agree with you. I was recently enrolled in VA healthcare but I don't want to use it unless it's an emergency. Right now I'm using the Vet Center and my records are sealed from the eyes of the VARO. I like it that way. If they want to try and reduce me for it then I'll just have to NOD them and get my records from the Vet Center. My Vet Center therapist is a LPC. If those records don't show what I need I'll run off to a private MD and get what I need to win my NOD.

The VA can look into your VAMC records and see a doctor gave an opinion you've improved. Then they propose to reduce and get the C&P doctor to verify the opinion. So why use VA healthcare if it just gives the VA all they need to reduce you? Mental health reports can easily vary from different therapist.

My appeal for a sinusitis claim is at the BVA according to ebenefits. It says my claim is at intake processing. What are the next steps in the claim and how long do they take?

I just hope the VA doesn't try and reduce me for not using VA Healthcare.

I changed the comments I made because I don't see why the VA would attempt to reduce only vets with mental health issues for not using VA healthcare. Thanks.

Thanks. I don't want to use the VA at this time even though I was enrolled. I get bad anxiety thinking about it and sleep a lot lighter.

If you don't use VA healthcare the VA won't have records of your treatment for your SC condition. Will the VA try and reduce your rating if they have no records? Should you be sending records from private healthcare periodically to the VAMC to protect your rating?

I filed my NOD. Here's what I said. In 2003 I received my denial letter for PTSD. The denial letter said the reason for denial was "No Service Treatment Records could be located". In my 2016 award for PTSD my award letter says my service treatment records were used under evidence considered. My service treatment records weren't received by the VA until 2005 from the service department. The only evidence I gave at the time of the initial claim was the label off the bottle of zoloft. I sent the label in with the compensation claim for PTSD in 2002. The label contained my name, the name of the military hospital(Blanchfield Army Hospital, Ft. Campbell, Ky.) and the dosage of the zoloft. I did receive mental health treatment before leaving the military and those STRs should have been used as evidence considered for my 2016 PTSD award. I do believe according to 38 CFR 3.156 that I'm entitled to an earlier effective date since my service treatment records were used to determine my 2016 PTSD award. I would like an effective date back to my ETS date if I filed the claim in 2002 within that first year of my separation from the U.S. Army. If it was after the first year I would like my effective date to be back to 2002 when I initially filed the claim. 38 CFR 3.156(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to: (ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records. (3) An award made based all or in part on the records identified by paragraph (c)(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

If I'm 70% disabled as of the last year but had an appeal on a disability from 5 years before my 70% disability will I be back paid for that disability from 5 years ago in full or will it be only the combined disability that I'm back payed for? Say that disability from 5 years ago is granted and it's 30%. Now when I combine the 70% with the 30% it comes out to 80%. If I only get back payed for the extra 10% for 5 years I'm only getting around $210 a month in back pay. If I got back payed for the 30% disability I would get around $400 a month. Will the VA back pay all those years I had no disability at the $400 a month or will they say that now I'm only 80% disabled and I only get $200 a month for all those years of back pay?

I didn't have my medical records but I did have a bottle of zoloft they gave me before I left the military. The bottle had my name on it, the zoloft dosage and the name of the military medical clinic that issued it to me. I tore the label off the bottle and sent it in with my 2002 claim. Isn't that evidence as good as a medical record, a buddy letter and a photo? I'm still within the one year to file a NOD for the 2002 effective date too. I haven't done it yet.

The denial letter I got said the reason for being denied was they had no medical records. The VA got the records from the service department two years later. When I filed the claim I didn't give a stressor letter. I just stated I believe I had PTSD. I wasn't given a c&p. I think the VA tried to get the medical records from NPRC but they weren't there. I think the records were lost at ft. Campbell, ky. The only evidence I sent in with my claim in 2002 was the label on my bottle of zoloft I was given in the military before I left. I figured that was enough to let them know I was being treated for a mental disability in service. I remember it well because I was so upset. I couldn't believe they lost my medical records and denied me because of it. I felt so hopeless I didn't see the point in filing a NOD.

I'm going to appeal on ebenefits. The VA owes me a 2002 effective date. They denied my claim stating they had no strs. On my award letter it says strs were considered in the decision. The VA didn't get my strs until years after my denial. According to 38 CFR it doesn't matter if I failed to file a NOD since my claim was granted based on the strs the VA failed to get.

Is it normal for your VSO to get your award letter and not you?

They say it's apart of PTSD and can't award separate compensation.

I didn't want a DRO review. I sent in a form 9 for the BVA and a year later I got a denial from a DRO review and then was told that now it's going to the BVA. So I had to wait another year for nothing. I'm pretty sure I'm going to win since the C&P doctor said my sinusitis was caused during my military enlistment, I had a medical record stating "PT says he has sinus problems", I have a nexus letter and a psychiatric record stating "Patient says he has sinus problems". I have a feeling it will be remanded though because I have Patulous Eustachian tube in both ears and the VA never gave me a C&P exam for that. I filed for Patulous Eustachian Tubes as secondary to sinusitis.

" EVSS_10021 ".

Thanks.

Does that mean all my stressors verified?

Thanks

I'll get a lawyer.

Thanks.

Can I change my reopened claim effective date?