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Fearless

Second Class Petty Officers
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Everything posted by Fearless

  1. @Berta I made a claim for tdiu and they gave me a C&P exam. I do not know why it was for PTSD. I do not have PTSD, and the examiner noted that she does not know why an initial PTSD claim was filed. @jbasser I was SC for it in 2016. I can not afford IMO/IME. Would getting a DBQ done by a family doctor that specializes in depression and anxiety do me any good? @Buck52 Sorry for the confusion. I am trying to figure out what the examiner is trying to do to me. I am SC for depression, not PTSD. Is she trying to terminate my SC for depression by saying I have a schzoid personality disorder? Why is she trying to discredit the last C&P exam I had done? This was the worse exam I have ever been to, and this lady just made my life more difficult. Here is a copyof the exam: https://imgur.com/a/r1wp4FV
  2. Please help me.long stroy short, I filed for tdiu, had a C&p done, and now I am facing a reduction + denied tdiu. The C&p examiner DX me with schizoid personality disorder and said my depression was secondary to it. In ~30 mins she had enough information to DX me with this, but I have been seeing psychiatrists since 2015 and not once have this crossed their minds. I do not have a schizoid personality disorder. The examiner misunderstood what I was telling her, and I see it in the report. She kept on asking me how do I know I have depression. What kind of question is that? She knows i'm xxxxxxx SC for it. I would tell her how I knew that I was depressed and she would repeat the question, this went on for about 5 mins. I believe she was trying to bait me into saying that I did not know that i'm depressed. I also believe that she thinks I am faking. She asked me to describe my depression and I tell her it makes me feel depressed (DUH!). She never asked me about any other symptoms. She discredits the last C&P exam I had because of the multiple symptoms, and she says this new exam is a correction. WTF? She did not even try to figure out why all those symptoms were checked. Never asked me about it. This was also done on a PTSD and I never filed for PTSD. I believe her answer to question 3 is a denial for tdiu, but ffs don't halfass a CP exam. This examiner screwed me over and I need help. Here is a redacted copy of the exam: https://imgur.com/a/r1wp4FV I left out the PTSD stuff (all blank) and the personal questions. It was just a bunch of questions asked before with answers I have given.
  3. Are they supposed to ask about each symptom listed on a mental health eval? https://www.va.gov/vaforms/form_detail.asp?FormNo=21-0960P-2
  4. I rather not waste anymore time. I assumed that I did not qualify for tdiu because they never sent me the form with my decision, but according to the rules I do. My psychiatrist never said I was unable to maintain SGE due to sc conditions, but he noted that I had quit my job and enrolled in 2 classes. The C&P examiner never said I was unable to maintain SGE due to sc conditions, but she noted that I had quit my job because of my depression; the mental health Dr. at the ER noted that I had quit my because of my panic attacks. I have not held a job since October 2017.I am a young adult, and I am tying to get better. I want to work and not be supported by my parents, but it has been a rough year. I can't at the moment, but I will asap.
  5. I was awarded 70% for my depression, but the Dr. noted intermittent inability to perform activities of daily living and intermittent inability to perform maintenance of personal hygiene. She also noted that I had quit my job because depressive symptoms were making it difficult for me to go to work and perform my job. Wouldn't the intermittent inability to perform activities of daily living and personal hygiene warrant a 100%?
  6. Non combat OEF/OIF Vet checking in. I was in the 82nd. I have been out for 2 years, and I still feel embarrassed (I know I shouldn't). Deployment is seen as a rite of passage (at least in my unit). A vet shares his story on the subject here: https://taskandpurpose.com/how-i-let-go-of-the-embarrassment-i-felt-for-having-never-served-in-combat/
  7. I had my second c&p exam for SA. Showed up with my cpap, dx report, and list of past/present medication. I have a good feeling about this. I will let you all know the results of my claim.
  8. The VA has scheduled me for DBQ sleep apnea + DBQ med opinion. I am thinking of showing up with my OSA dx report and the cpap that they gave me. Maybe this is a good sign.
  9. I can not remember why. It may have been procrastination.
  10. I was browsing my C file and found the denial statement from the dro. Review of your service treatment records are negative for any complaints, treatment or diagnoses for sleep apnea, there is no medical evidence of the claimed condition during service; no medical evidence of a diagnosis related to the claimed condition; and the evidence does not establish a connection between the claimed condition and an event, injury, or disease during service. During your VA examination dated November 1, 2016, the examiner found no objective evidence of obstructive sleep apnea. The exam also noted that the results of the at home sleep study was negative for a diagnosis of obstructive sleep apnea. Sleep Study and Titration dated January 3, 2017, shows you have a CPAP for the symptoms of your condition. Obstructive sleep apnea occurs due to passive collapse of the oro and/or nasopharynx during inspiration while asleep. It is caused by anatomical abnormalities such as obesity, redundant tissue in the soft palate, enlarged tonsils or uvula, low soft palate, large or posteriorly located tongue), as well as neuromuscular disorder. Of these conditions, obesity is the most common cause. Due to the absence of a cause and effect relationship, it is unlikely that your obstructive sleep apnea is proximately due to or the result of your digestive condition GERD. Therefore, service connection for sleep apnea on a direct or secondary basis, cannot be granted at this time and is denied. Reasonable doubt does not apply because the preponderance of evidence is unfavorable. What do y'all think about the bold paragraph? This is from the in lab sleep study they are referring to: Impression: 1. Obstructive Sleep Apnea syndrome. ICD-9-cm#327.23 2. Successful CPAP titration with resolution of most of the respiratory events. 3. Patient interface device utilized was medium ResMed Airfit F10 mask with a heated humidifier. So the symptoms that the reviewer noted was my Dx for OSA?
  11. This exam was for the claim I made for hypersomnia. I will submit my diagnosis to them.
  12. Hello everyone. I had a C&P exam for hypersomnia secondary to depression, and I need clarification. I will attach a redacted copy in this post. Here are a few questions: I read that hypersomnia was rated under code 8108 narcolepsy, so why did they use form 21-0960P-2 Mental disorder (other than PTSD) and not form 21-0960C-6 Narcolepsy. According to 3. Occupational and social impairment in the dbq, I should be rated no less than 70% (correct me if I am wrong) for a mental disorder. I am currently rated 50% for depression. 6. Remarks (including any testing results) states that there is objective evidence to render a diagnosis of hypersomnia. I did not submit my diagnosis for hypersomnia from my private sleep test. Should I go ahead and submit the results on ebenefits? Are they going to lump this in with depression, or should I be given a separate rating?
  13. I had a C&P exam last month for ED. I submitted a claim for ED secondary to depression on ebennies. The exam was just a bunch of questions.
  14. Status on my c file request: Submitted: 01/29/2018 (Freedom of Information Act / Privacy Act Request) Estimated Completion: 05/28/2018 - 07/28/2018
  15. My VA psychiatrist diagnosed me depression and an anxiety disorder. This is the diagnosis in my medical file: ASSESSMENT//DSM V Diagnosis: 1. Major Depression, recurrent 2. Unspecified anxiety disorder The va rated me 50% for: unspecified depressive disorder (claimed as dsythymia, anxiety) Edit: Sorry. I found this https://www.hillandponton.com/the-vas-rule-against-pyramiding/amp/
  16. I recently had a sleep study done through my insurance; I was diagnosed with hypersomnia (diagnosis code G47.10). Neither OSA nor narcolepsy was observed in this test. The doctor opined that the hypersomnia was caused by my depression (which is service connected). Last year the VA gave me a sleep study test, and I was diagnosed with OSA. I am not service connected, but this is a pending appeal. Would filing a claim for hypersomnia hurt my appeal for OSA if I were to use this test as evidence?
  17. I called the VA to dispute this, but the person on the phone told me I only had 60 days to submit form 9 because they mailed me the SOC. The appeal was completed on Nov 28, 2017. Did I misunderstood the instructions on Form 9? 4. HOW LONG DO I HAVE TO COMPLETE THIS FORM AND FILE IT? Under current law, there are three different ways to calculate how much time you have to complete and file this form. The one that applies to you is the one that gives you the most time: (a) You have one year from the day your local VA office mailed you the notice of the decision you are appealing. (b) You have 60 days from the day that your local VA office mailed you the SOC. (c) Your local VA office may have sent you an update to the SOC, called a "Supplemental Statement of the Case" (SSOC). If that SSOC was provided to you in response to evidence you or your representative submitted within the one-year period described in paragraph 4(a) of these instructions, above, and if you have not already filed this form, then you have at least 60 days from the time your local VA office mailed you the SSOC to file it even though the one-year period has already expired. See 38 C.F.R. 20.302(b)(2).
  18. I was denied sleep apnea secondary to gerd, rated 0%, twice. I would like to know if I can file a new claim for sleep apnea secondary to depression--rated 50%-- or sleep apnea by itself. I am currently waiting on my C file to have an IMO/IME perform. What do you all think I should do? Thank-you, Fearless
  19. Hello everyone. I have received my SOC in a BBE today. My mood disorder was increased from 30% to 50%, but the sleep apnea was still denied. I currently have the following disabilities: mixed tension type and vascular headaches (claimed as migraine headaches) 0% Service Connected gastroesophageal reflux disease GERD 0% Service Connected right (dominant) wrist ganglion cyst 0% Not Service Connected bilateral flat feet 30% unspecified depressive disorder (claimed as dysthymia, anxiety, insomnia) 50% Total combined disability increased from 50% to 70% Appeal length- 8 months DRO Houston, TX I am still waiting on my C file to have an IMO perform. Dec 2, 2017, ebenefit updated total rating and letters Dec 6, 2017, retro pay of 70% from the initial claim
  20. Hello everyone. My ebenefits appeal has been updated to; appeal pending - statement of the case (SOC). I called the VA 1 800 number to confirm this, and was told that they sent a SOC today and I should receive it within ten days. My disability percentage is still the same on ebenies; so I assume my appeal has been denied. I was not called in for any exams or new medical evidence; my vso told me to hold off until they asked for it. It has been 8 months, 253 days, since my NOD was filed. I will update everyone once my SOC has been received.
  21. Hello brokensoldier244th, Thank-you for the feedback earlier. I called the VA 1-800 number to schedule an appointment with my RO to view my claims file, and was told that I can go to my RO and they would print me a copy of my C file. When I get there I was told otherwise. I just want to make sure I am not being duped.
  22. I went to the regional office and asked to see my c-file, but they told me they did not have it. I had to fill out a form requesting my file from St.Louis, and the only thing he told me was that they would mail me a copy of my file on a CD. How long is this going to take? Is the RO lying about not having my C file?
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