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Austin
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Posts posted by Austin
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I submitted my last peice of evidence. It is very strong. It’s feasibility letter from VA VRE that coincides from my counselor(specializes in voc rehab). I was pretty stoked to receive this today. I will post it once it’s edited so y’all can review it
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I went ahead and submitted form 5103 to my attorney. I didn’t know which box to check so I sent them 2 with each. Sorry about the meltdown. It appears I have 9 days left.
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Thank you for the reply. I printed out the info. The last post I posted. Does that look like the correct form?
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I think I found form 5103 online. Is this it?
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I received no 5103, I also emailed all my contact attempts for my employers to the attorney. My attorneys are out for Christmas and they don’t like me doing things without their consent.. which I can’t get until they get back.
Yes, I have buddy statements for the rape.
i have strong evidence on the IU minus the employment forms.
I believe they rated me 70 percent based on being exacerbated in the service. I beiebe my RO is the North Little Rock office.
I’m worried Im screwed. Ebennies moved from evidence needed from you to gathering evidence.
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The 5103 response form. It wants that too. I looked all over and couldn’t find the form.
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Request the IU being awwarded? How do I do that through my attorney?
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It’s rough. I’m broken with all the pills. The pills aren’t enough. I haven’t worked since June and I’m hoping I catch some kind of break. But it seems like when you’re chips are down it comes in I filled for SSDI also.
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So I really I have nothing to worry about on the IU claim with the form the VA sends the last employer. That’s a sigh of relief. Kinda bitter sw
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I contacted the employer to give them notice. The VA hasn’t got the form yet.My attorney said they haven’t got the form. They wanted her full contact info to get intouch with her...10 days down to the wire. It’s frustrating.
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The crappy part about My IU claim is that I have very strong medical evidence. But my attorney told me if we can’t get my previous employer to fill out that form... it would be denied.
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Thank you for the feedback. I posted my original C and P exam that he did the addendum on. He did the original C and P in 2017, which granted me 70 percent. See below:
2. Current Diagnoses ------------------- a. Mental Disorder Diagnosis #1: unspecified bipolar disorder ICD code: F31.9
b. Medical diagnoses relevant to the understanding or management of the Mental Health Disorder (to include TBI): none
3. Differentiation of symptoms ----------------------------- a. Does the Veteran have more than one mental disorder diagnosed? [ ] Yes [X] No c. Does the Veteran have a diagnosed traumatic brain injury (TBI)? [ ] Yes [ ] No [X] Not shown in records reviewed 4. Occupational and social impairment ------------------------------------ a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [X] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood b. For the indicated level of occupational and social impairment, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by each mental disorder? [ ] Yes [ ] No [X] No other mental disorder has been diagnosed c. If a diagnosis of TBI exists, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by the TBI? [ ] Yes [ ] No [X] No diagnosis of TBI SECTION II: ---------- Clinical Findings: ----------------- 1. Evidence Review ----------------- Evidence reviewed (check all that apply): [X] VA e-folder (VBMS or Virtual VA) [X] CPRS
2. History ---------
Page 26 of 139
a. Relevant Social/Marital/Family history (pre-military, military, and post-military): The Veteran has been married for approximately one year; he said lately their relationship has had problems because he feels his wife has not understood his problems. b. Relevant Occupational and Educational history (pre-military, military, and post-military): The Veteran said he had had eight jobs in the past year. He completed a bachelor's degree in psychology at UCA a year ago. c. Relevant Mental Health history, to include prescribed medications and family mental health (pre-military, military, and post-military): The Veteran is followed in mental health at CAVHS. He takes lamictal, prazosin, and lithium carbonate. He also sees a private counselor. d. Relevant Legal and Behavioral history (pre-military, military, and post-military): n/a e. Relevant Substance abuse history (pre-military, military, and post-military): The Veteran reports drinking every day, having two 30-packs over the course of a week. His last marijuana use was about two and a half years ago. f. Other, if any: n/a 3. Stressors ----------- Describe one or more specific stressor event(s) the Veteran considers traumatic (may be pre-military, military, or post-military): a. Stressor #1: hearing a soldier getting raped Does this stressor meet Criterion A (i.e., is it adequate to support the diagnosis of PTSD)? [X] Yes [ ] No Is the stressor related to the Veteran's fear of hostile military or terrorist activity? [ ] Yes [X] No Is the stressor related to personal assault, e.g. military sexual trauma? [X] Yes [ ] No
Page 27 of 139
4. PTSD Diagnostic Criteria -------------------------- No response provided.
5. Symptoms ---------- For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [X] Anxiety [X] Disturbances of motivation and mood [X] Difficulty in establishing and maintaining effective work and social relationships [X] Difficulty in adapting to stressful circumstances, including work or a worklike setting [X] Inability to establish and maintain effective relationships [X] Suicidal ideation
6. Behavioral Observations ------------------------- The Veteran was cooperative. He displayed some dysphoria.
7. Other symptoms ---------------- Does the Veteran have any other symptoms attributable to PTSD (and other mental disorders) that are not listed above? [ ] Yes [X] No 8. Competency ------------ Is the Veteran capable of managing his or her financial affairs? [X] Yes [ ] No 9. Remarks, (including any testing results) if any ------------------------------------------------- The Veteran's symptoms appear to be more consistent with a mood disorder than with those of PTSD. He reported depression while still in the military, but also reported he had been treated for depression prior to the military. In today's examination the Veteran denied depression prior to the military but then conceded it was possible he had been depressed as a teenage, but could not recall details of his depression or the treatment he received. However, the same note indicated that in 2007 the Veteran reported that he had responded well to medication, suggesting that it was possible that his depression was relatively mild.
Page 28 of 139
The Veteran's current bipolar disorder is severe. Therefore, it is more likely than not that any mood disorder present before the Veteran's military service was exacerbated by his time in the military.
Given the Veteran's ability to complete a bachelor's degree, I did not find evidence that his bipolar disorder precluded all employment; however, it definitely makes it difficult for him to sustain employment. NOTE: VA may request additional medical information, including additional examinations if necessary to complete VA's review of the Veteran's -
Yesterday when reviewing my medical records I noticed an examiner did a C and P/DBQ addendum. Im currently 70 percent and submitted for an increase(12 months ago) and also filed for IU(2 months ago). I don't know what this nexus means and would like to know if the exam was for the IU or increase claim. This examiner did a table top review as I wasn't present for it. See below:
Please utilize this form when responding to VBA requests for either addendums or clarifications of prior VHA examination reports. This Veteran was seen for a C&P examination in December, 2017. At that time it was felt that the most appropriate diagnosis was that of a mood disorder, which was considered to be severe. At that time it was noted that the Veteran had been able to complete a college degree.
In July of this year the Veteran was admitted to inpatient treatment, which he successfully completed, and he continued in treatment throught the remainder of this year. Treatment notes reference some improvement in
functioning, with the Veteran reporting boredom.
At this point, given the available information, I believe it is as likely as not that the Veteran's severe mood disorder would make it impossible for him to maintain employment over an extended period of time.
Perhaps vocational rehabilitation, combined with his continuing in treatment might make it possible for him to obtain and maintain employment at a laterSo my question is.. Does the nexus look favorable? What was this exam for(IU or my increase)? My increase is in front of the DRO and was filed in December of last year after my initial award. The IU claim was only filled a month or two ago. The C and P exam was done 15 days ago. Any assistance would be greatly appreciated
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I don't know how well things went really. I received a SOC on the 22nd. A few pages into the document it talks about what the disabilities were appealed... It did include the bipolar, and PTSD. However, in the end of the SOC after all the legalese it just says "sleep apnea" denied and gives a short reason. Does this mean all the other disabilities were denied as well? It doesn't have other sections that discuss the bipolar, PTSD... I called the VA Hotline and they were little help. I called my attorney and am waiting. Just confused and really aggravated.
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I called the VA hotline last Friday and they said my claim(for bipolar) was at the Regional Office to be rated and that my notification letter hasn't been generated yet so it could be another a little bit before I receive my BBE. I'm thinking with the C and P being around Thanksgiving and them closing the claim on the 12/22 that it still will be a little while. This Monday is a federal holiday. I have been checking my AB8 and doing the ebenefits tricks to try and see if anything has been added in but no luck. I haven't put much faith in Ebenefits though.
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My lawyer is getting paid by me and I will owe him 30 percent of retro. I received one SOC a few minutes ago when the mailman arrived. They filed for 4 disabilities. It only talks about denial for one on the SOC that I received(sleep apnea, sleep disorder-- denied). But one that SOC that is all it renders a decision on.
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The Regional Office called me a few hours ago and wanted bank information. So... maybe
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I called the VA hotline to try and verify the status and they said they were sending a Statement of the Case. Can you get an award if a disability even with a SOC? I have filed on multiple disabilities but the Bipolar is what the examiner focused more on. I'm hoping for good news but am so discouraged with the VA rat race.
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I went on Vet.gov this morning because ebenefits totally keeps me in the dark. It said this:
Your Appeal Has Been Granted by the Regional Office (RO)
December 22, 2017
This means the Veterans Benefits Administration (VBA) RO has granted the claim you filed an appeal for. Your appeal is now closed.
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So I had a C & P appointment. I got an attorney a couple years ago after my claim was denied. My claim is for Bipolar, PTSD, and Depression. My attorney sent a NOD a little over 2 years ago and I was scheduled for a C & P appointment. The examiner that I had was the same examiner that I had on the claim I was initially denied on. He basically said "there wasn't anything wrong with me after the service". So I had my C & P appointment and the examiner pulled a note that described me mentioning taking anti-depressants prior to the military. I honestly forgot about this. I have attached the nexus letter which makes a link to the military aggravating my condition. Could someone please explain to me what can happen next? I was initially thinking award. But I'm wondering if they are going to ask for records prior to my military(teenage and young adult)... which I wouldn't be able to produce. I'm kinda freaking out because it seems like the link was made but not in the way I was expecting.
Attached nexus---
2. Current Diagnoses ------------------- a. Mental Disorder Diagnosis #1: unspecified bipolar disorder ICD code: F31.9
b. Medical diagnoses relevant to the understanding or management of the Mental Health Disorder (to include TBI): none
3. Differentiation of symptoms ----------------------------- a. Does the Veteran have more than one mental disorder diagnosed? [ ] Yes [X] No c. Does the Veteran have a diagnosed traumatic brain injury (TBI)? [ ] Yes [ ] No [X] Not shown in records reviewed 4. Occupational and social impairment ------------------------------------ a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [X] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood b. For the indicated level of occupational and social impairment, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by each mental disorder? [ ] Yes [ ] No [X] No other mental disorder has been diagnosed c. If a diagnosis of TBI exists, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by the TBI? [ ] Yes [ ] No [X] No diagnosis of TBI SECTION II: ---------- Clinical Findings: ----------------- 1. Evidence Review ----------------- Evidence reviewed (check all that apply): [X] VA e-folder (VBMS or Virtual VA) [X] CPRS
2. History ---------
Page 26 of 139
a. Relevant Social/Marital/Family history (pre-military, military, and post-military): The Veteran has been married for approximately one year; he said lately their relationship has had problems because he feels his wife has not understood his problems. b. Relevant Occupational and Educational history (pre-military, military, and post-military): The Veteran said he had had eight jobs in the past year. He completed a bachelor's degree in psychology at UCA a year ago. c. Relevant Mental Health history, to include prescribed medications and family mental health (pre-military, military, and post-military): The Veteran is followed in mental health at CAVHS. He takes lamictal, prazosin, and lithium carbonate. He also sees a private counselor. d. Relevant Legal and Behavioral history (pre-military, military, and post-military): n/a e. Relevant Substance abuse history (pre-military, military, and post-military): The Veteran reports drinking every day, having two 30-packs over the course of a week. His last marijuana use was about two and a half years ago. f. Other, if any: n/a 3. Stressors ----------- Describe one or more specific stressor event(s) the Veteran considers traumatic (may be pre-military, military, or post-military): a. Stressor #1: hearing a soldier getting raped Does this stressor meet Criterion A (i.e., is it adequate to support the diagnosis of PTSD)? [X] Yes [ ] No Is the stressor related to the Veteran's fear of hostile military or terrorist activity? [ ] Yes [X] No Is the stressor related to personal assault, e.g. military sexual trauma? [X] Yes [ ] No
Page 27 of 139
4. PTSD Diagnostic Criteria -------------------------- No response provided.
5. Symptoms ---------- For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [X] Anxiety [X] Disturbances of motivation and mood [X] Difficulty in establishing and maintaining effective work and social relationships [X] Difficulty in adapting to stressful circumstances, including work or a worklike setting [X] Inability to establish and maintain effective relationships [X] Suicidal ideation
6. Behavioral Observations ------------------------- The Veteran was cooperative. He displayed some dysphoria.
7. Other symptoms ---------------- Does the Veteran have any other symptoms attributable to PTSD (and other mental disorders) that are not listed above? [ ] Yes [X] No 8. Competency ------------ Is the Veteran capable of managing his or her financial affairs? [X] Yes [ ] No 9. Remarks, (including any testing results) if any ------------------------------------------------- The Veteran's symptoms appear to be more consistent with a mood disorder than with those of PTSD. He reported depression while still in the military, but also reported he had been treated for depression prior to the military. In today's examination the Veteran denied depression prior to the military but then conceded it was possible he had been depressed as a teenage, but could not recall details of his depression or the treatment he received. However, the same note indicated that in 2007 the Veteran reported that he had responded well to medication, suggesting that it was possible that his depression was relatively mild.
Page 28 of 139
The Veteran's current bipolar disorder is severe. Therefore, it is more likely than not that any mood disorder present before the Veteran's military service was exacerbated by his time in the military.
Given the Veteran's ability to complete a bachelor's degree, I did not find evidence that his bipolar disorder precluded all employment; however, it definitely makes it difficult for him to sustain employment. NOTE: VA may request additional medical information, including additional examinations if necessary to complete VA's review of the Veteran's
Tabletop C and P exam for Increase.. Please read
in Veterans Compensation & Pension Exams
Posted
I posted the feasibility letter from VRE. Is this pretty good evidence?