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kent101
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Posts posted by kent101
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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?
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14 hours ago, Buck52 said:
Kent101
Are you sure your records are sealed?
I was thinking the VA can pull your records any time the choose, vet center is a part of the VA...
They can look at your records when they make their report and write statements!
I would not trust anyone that has anything to do with the VA that tell me my VA records are sealed.
Unless you mean the HIPPA Law? or FOIA.
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.
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On 3/18/2017 at 9:10 PM, Buck52 said:
I agree pwrslm!
great post there buddy! its good to do these things just never mention a claim to Your PCP or Specialty Clinics.
get the medical paper trail going its to your favor!
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.
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On Monday, March 06, 2017 at 3:09 AM, Buck52 said:
No you don't need to sendyour private records to the VA but you can share them with the VA
if you don't use the VA for your treatments of S.C. Disabiity's you can use the private sector...just keep these records in a safe place incase the VA does try to pull some hanky panky and reduce your %
they need medical records of evidence that your S.C. Disability has imporved and they need at least two Dr's to state so...so I doubt they will try to reduce you for not using the VA Medical Centers for treatment.
As long as you stay in treatment and take meds you should be good to go.
just hang on to those private records and medications list.
jmo
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.
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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?
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On Monday, March 06, 2017 at 4:54 AM, Berta said:
I got a different email notice on this topic then what is posted here.Maybe I got it before you edited it.
This is my reply to the one I got this AM.
I worked at a vet center, in a PTSD combat group, many many years ago, as a VA volunteer.
We didn’t keep any personal records that I know of , of what was discussed at those meetings.
But I do think a record was kept of attendance.
If you see a private doctor for PTSD or any MH issue, as Buck said, you might need those records someday and certainly make sure you have proof of any MH meds you take.
VA tried to reduce my husband’s PTSD once ,but with absolutely no good reason and changed their mind fast, when they read the NOD.I prepared. He had attended vet center PTSD meetings for years but none of that ever appeared in any of his VA records. But he also did see a VA psychologist regularly.
Not all potential reductions are as easy to overcome as what his was. I used the exact same regulations they used in the proposed reduction letter, against them, and also plain old common sense,in the NOD.
Many years ago it was SOP for the VA to mess around with any new VA employee –which he was-
as to their rating, if it was for an MH issue.
You could ask the team leader at the vet center if they do keep records of your attendance or of anything else you might need if they attempt to reduce.But the best thing you have documented is the private psyche records and meds, and I assume they involve current ,ongoing therapy ,as well as past therapy.
I just hope the VA doesn't try and reduce me for not using VA Healthcare.
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On Monday, March 06, 2017 at 4:54 AM, Berta said:
I got a different email notice on this topic then what is posted here.Maybe I got it before you edited it.
This is my reply to the one I got this AM.
I worked at a vet center, in a PTSD combat group, many many years ago, as a VA volunteer.
We didn’t keep any personal records that I know of , of what was discussed at those meetings.
But I do think a record was kept of attendance.
If you see a private doctor for PTSD or any MH issue, as Buck said, you might need those records someday and certainly make sure you have proof of any MH meds you take.
VA tried to reduce my husband’s PTSD once ,but with absolutely no good reason and changed their mind fast, when they read the NOD.I prepared. He had attended vet center PTSD meetings for years but none of that ever appeared in any of his VA records. But he also did see a VA psychologist regularly.
Not all potential reductions are as easy to overcome as what his was. I used the exact same regulations they used in the proposed reduction letter, against them, and also plain old common sense,in the NOD.
Many years ago it was SOP for the VA to mess around with any new VA employee –which he was-
as to their rating, if it was for an MH issue.
You could ask the team leader at the vet center if they do keep records of your attendance or of anything else you might need if they attempt to reduce.But the best thing you have documented is the private psyche records and meds, and I assume they involve current ,ongoing therapy ,as well as past therapy.
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.
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On Monday, March 06, 2017 at 3:09 AM, Buck52 said:
No you don't need to sendyour private records to the VA but you can share them with the VA
if you don't use the VA for your treatments of S.C. Disabiity's you can use the private sector...just keep these records in a safe place incase the VA does try to pull some hanky panky and reduce your %
they need medical records of evidence that your S.C. Disability has imporved and they need at least two Dr's to state so...so I doubt they will try to reduce you for not using the VA Medical Centers for treatment.
As long as you stay in treatment and take meds you should be good to go.
just hang on to those private records and medications list.
jmo
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.
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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?
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7 hours ago, broncovet said:
When in doubt, file the NOD.
This is somewhat complex, and you probably need a lawyer. There are many things going on here, and WE dont know all of them.
An experienced lawyer can look at your file, and determine what is best here:
1. 38 CFR 3.156 "reopened claim" (Likely)
2. CUE (less likely)
3. Something else. For example, your 1 year appeal period is tolled if Va did not send you notice of your rights to appeal, but that may not have applied in 2002. Your attorney can look for more.
In all cases, Filing the NOD wont hurt you, tho there may be circumstances where you withdraw the NOD. (For example, if you file a 3.156 and your earlier date is awarded, then the Nod becomes moot. )
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?
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7 hours ago, john999 said:
Remember that the VA will use the 2002 regulations if you are filing a CUE on a 2002 decision. The VA did have a duty to make a good faith effort to get your service medical records and personnel records. I had sort of the same problem but I had to use 1973 rules and I lost. I would file the CUE and if it is denied hire a lawyer because you will be over your head in about 60 seconds. When you file a CUE all the rules you rely on to give you any benefit of doubt go out the window. If there is a shadow of doubt or any question what reasonable minds would have done you will probably lose. I would file anyway because It sounds like to me you could win if they did not get your records and those records existed. The VA will still claim that you had your chance to file a NOD and did not do it. So you must prove the VA had your records when they denied your claim, did not have your records, or that they did have your records and did not consider them. The proof in all on you in a CUE. If it were me I think I would use the old fashioned way of filing the CUE. Chances are good you will be automatically denied at the VARO since they claim they considered your records while you know they did not. You say that the VA says in their rating decision that they based the rating on a review of your records. You have to disprove this, and I ask you if you can prove that they did not have your records when they made the 2002 decision? If you can prove it then I think you may have a good CUE. After my experience I would never say it is a sure thing. If there is any question of "judgement" in your CUE you will lose. If the VA denied your claim saying you never served and you have a DD214 that is the kind of error that results in a CUE approved by the VARO IMO. Ask AskNod about CUE's and Berta, of course. I won a CUE and it was the sort of error that you could "See from the moon" to quote AskNod.
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.
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12 hours ago, Berta said:
After thinking about this, I wonder if the VA had a duty to even obtain the STRs in 2002, because something major might have been lacking,like diagnosis or stressor letter??? Was this for a PTSD claim?
Did you get a C & P at that time?
When VA said,in 2002 decision, they had no STRs did they state they attempted to get them from NPRC?
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.
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On Saturday, January 28, 2017 at 4:44 AM, broncovet said:
Yes. Read over 38 CFR 3.156 C carefully. What ever you do, make sure you file a NOD to the most recent decision, disputing the effective date, within one year.
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.
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Is it normal for your VSO to get your award letter and not you?
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They say it's apart of PTSD and can't award separate compensation.
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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.
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" EVSS_10021 ".
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On 1/29/2017 at 1:21 PM, broncovet said:
It probably makes no difference if it was combat or non combat. When you go to the grocery store and buy a gallon of milk, they probably wont ask, "Did you earn this money with PTSD from combat, or was it regular earnings from a job?"
Remember, the VA wont award you a set of benefits for non combat PTSD and another set for combat PTSD, and another set for MDD. You get paid for ONE set of symptoms regardless.
So, if you are paid for combat PTSD and get awarded non combat, it wont increase your compenstion. After you are SC, then its all about SYMPTOMS, and, to repeat, you dont get paid for a set of symptoms for PTSD and the same symptoms ALSO for MDD.
We can not interpret your award letter unless you post it...right now we are interpreting your interpretation of your letter and our interpretations wont be any better than your interpretations.
Thanks.
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Does that mean all my stressors verified?
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On 1/19/2017 at 6:45 AM, Berta said:
Was the 2002 claim denied or rated too low but you didn't appeal in time?
If so can you scan and attach here their reasons and bases for the denial and their evidence list?
Cover C file # prior to scanning it.
Thanks
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On 1/27/2017 at 4:58 PM, broncovet said:
Maybe. There are regulations for this. Its 38 CFR 3.156. You can read it for yourself. It depends on if its SERVICE records they are missing, or, if you submitted the new evidence in the appeal period.
If they denied you because of SERVICE records, then yes, you should get an eed, if awarded, per 3.156 C.
I'll get a lawyer.
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On 1/19/2017 at 6:33 AM, broncovet said:
That depends. Read 38 CFR 3.156 to find out. It depends on a) whether the new evidence is new SERVICE records (3.156 C) or if the claim was "pending" when you submitted new evidence. If the claim was not pending (within the 12 month appeal period OR in some stage of appeals, after your timely nod), and it was NOT new "service" records, then you are correct, they go back to when the evidence was submitted.
However, if the claim was "pending" (3.156 B), then it goes back to the beginnig of when you first applied.
I do not know if 3.156 B or 3.156 C applies to you or not.
Thanks.
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Can I change my reopened claim effective date?
What are the steps for the BVA and how long do they take.
in VA Disability Claims Research
Posted
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?