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JonathanAD

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Everything posted by JonathanAD

  1. I have not received my decision letter yet, but my percentage on va.gov changed from 30% to 70%. Also, there's a pending deposit for $29,700. I got it!
  2. Ok, so check this out. Her rationale sounds like she selected the wrong box, right?
  3. My exam was awesome. I walked away pretty much knowing the exam went in my favor.
  4. Right, and thanks for the comment. They just want to see if it's connected to ptsd...i.e. since I stress eat and binge drink because of it. Update: I received a call at 1305 CST from phone number 213-474-2779, QTC Medical Services. At first, he wanted to schedule an appointment for a sleep study, but had misread the request...He ended up locating the sleep study in my records, and then after re-reading the request, said that I need to schedule an appointment for osa secondary to ptsd. The soonest they could get in locally was 8/19/2021, but I do not want to wait, obviously, so I went ahead and scheduled the appointment in Fayetteville, AR (163 miles away) for this coming Wednesday, July 14, 2021 at 1000 CST.
  5. Ok, so the C&P was 9 minutes. The guy was friendly, but did not even once ask anything about obesity. He just asked if I had a hard time sleeping and if i had a cpap machine and if the va kept the cpap in working order for me. That's about it. I wonder WTF....who knows...Anyway, back to the waiting game.
  6. Now they want me to do an online C&P to link obesity to PTSD. Lawyer said since my ptsd & depression caused me to be an alcoholic (12+beers a night, every night), then I need to bring that up. That amount of alcohol surely caused me to gain a lot of weight. I do not drink anymore, but I do still have sleep apnea, requiring a nightly CPAP machine. Scheduled for the 29th. Will update.
  7. Update. The "Request for Higher Level Review" was filed on 3/29/2021. On 6/10/2021, the status changed to "closed". When I checked on 6/11/2021, it was changed to the following: I called the VA to see what was actually happening, and they said they mailed me a decision letter on 6/10, but could not give me any other details. Any thoughts on whether this is a good sign? I feel like it is.
  8. Ok, update is that the appeal has officially been filed by the attorney. Here's what it says. On April 22, 2020, VA issued a rating decision denying entitlement to service connection for obstructive sleep apnea. Mr. D requests a Higher Level Review and informal telephone conference with higher level reviewer in accordance with the AMA of this Rating Decision. Issue I: Under the correct application of the provisions of 38 C.F.R. § 3.310(a) Mr. D is entitled to service connected compensation for his D's disabilities from insomnia and sleep apnea as secondary to his service connected disability from PTSD. VA’s April 22, 2020 rating decision explained the reasons and bases for its denial of secondary service connected compensation for his disability from sleep apnea as secondary to his service connected PTSD as follows: VA did not address the argument that was raised by the evidence submitting as new and relevant. Mr. D submitting medical evidence that his insomnia was at least as likely as not related to his service connected PTSD. Therefore, Mr. D was entitled to consideration and a grant of service connection for insomnia as proximately due to or the result of his service connected PTSD. Neither the VA examiner nor VA addressed entitlement to service connection for insomnia. Furthermore, Mr. D submitted medical evidence that his insomnia aggravates is OSA. Pursuant to 38 C.F.R. § 3.310(b), any disability that is aggravated by a service connected disability is entitled to service connection. Therefore, based on the evidence submitted, VA was first required to adjudicate entitlement to service connection for insomnia and then address entitlement to service connection for OSA based on aggravation. VA failed to do so and the higher level reviewer must correct this error. CONCLUSION Mr. D is entitled to service connected compensation for both insomnia and sleep apnea as secondary to his service connected PTSD from May 15, 2019, the date of his intent to file claim which was followed by a VA Form 21-526EZ on June 17, 2019. Mr. D requests that he not be contacted but rather his representative will conduct the informal conference on his behalf. In order to assist in scheduling the informal telephone conference, it is further requested that VA’s higher level reviewer contact Mr. D’s representative via his e-mail address: carpgh@mindspring.com regarding this request for a Higher Level of Review of VA’s April 22, 2020 rating decision.
  9. I filed a claim for Sleep Apnea secondary to my PTSD, which is service connected. I have been diagnosed from the VA as having sleep apnea, and given a CPAP to wear at night. I used Carpenter Chartered Law Firm to do the claim, but got this denial letter (attached is an excerpt). In it, it says "In the absence of other major risk factors such as obesity it would be reasonable to attribute OSA to PTSD as this is considered a risk factor for OSA from uptodate.com". My thought is that if both obesity and PTSD are considered risk factors, shouldn't it be a 50% chance that it could be either obesity or PTSD, and go to the veteran's favor? And doesn't that mean that attributing OSA to obesity is just as speculative as attributing it to my PTSD? I had Carpenter Chartered start an appeal, so I am hopeful to get it approved.
  10. I definitely have the panic attacks, and they examiner did not even ask about them. Thanks for all the help. I will update this when I do appeal, but waiting for the BBE to come in as of now.
  11. Well I called DAV. The decision is they are keeping me at 30%. I really think they should have given an increase to 50%, so I may appeal it. Question, though, Can I schedule my own C&P exam at the VA and have that as new evidence for an appeal?
  12. Called the DAV. They are not changing the percentage or awarding any extra comp. Still at 30%.
  13. I just filed it myself. I guess I'll have to play the waiting game.
  14. That's great news! My claim status just moved to "Preparation for Notification" an hour or so ago. I'm hoping for some good news soon myself.
  15. Bupropion and duloxetine. The psychiatrist at the MHC told me that my memory issues are likely attributed to those and my ptsd. So at that point I decided to file a claim.
  16. I realize this is a couple of years old, but I am in the EXACT same boat. Claim status is "pending decision approval" now. I am hoping for the same result! Belated Congrats!
  17. I am currently rated at 30% for PTSD. I filed a secondary claim for memory loss, because the medications I am on for PTSD cause me a lot of memory problems. I had a C&P that I wanted to upload with this, but When I try to attach it says "You do not have any existing attachments.". Anyway, the claim status on ebenefits is currently "Pending Decision Approval", and I filed on 11/1/2018. I do not see a change in the VA Letters, or the Disabilities page. Has anyone else filed for memory loss secondary to PTSD, and I was wondering if someone could kinda guess what percentage they think I will get if any. I know that's hard to do without a copy of the C&P, so if someone can please tell me how to upload the PDF, that'd be awesome. Edit: I figured out how to convert the scanned PDF to where I could copy/paste the text. The formatting isn't all the same, but here it is: 291 2018 LOCAL TITLE: EXAM STANDARD TITLE: C & P EXAMINATION NOTE DATE OF NOTE: NOV 26, ENTRY DATE: NOV 26, AUTHOR: SIMONEAUX, BYRON J EXP COSIGNER: URGENCY : STATUS : COMPLETED Review Post Traumatic Stress Disorder (PTSD) Disability Benefits Questionnaire Name of patient/ Veteran: Jonathan Durey Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination Request ? Yes [ ) No SECTION 1: 1. Diagnostic Summary Does the Veteran now have or has he/she ever been diagnosed with PTSD? [X] Yes [ ) No ICD Code: F43.1 2 . Current Diagnoses a. Mental Disorder Diagnosis #1: PTSD ICD Code: F43.1 b. Medical diagnoses relevant to the understanding or management the Mental Health Disorder (to include TBI) : No response provided. 3 . Differentiation of symptoms a. Does the Veteran have more than one mental disorder diagnosed? No response provided. b. Is it possible to differentiate what symptom (s) is/ are attributable to each diagnosis? t Yes [ No [X) Not applicable (N/A) c. Does the Veteran have a diagnosed traumatic brain injury (TBI) ? ) Yes t ) 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 PATIENT NAME AND ADDRESS (Mechanical Imprinting, If available) DUREY, JONATHAN ADAM VISTA Electronic Medical Documentation Printed at CENTRAL ARKANSAS HCS Page 1 29, 2018 b. c. 1 . [X) 2 .a. b. one) [X) Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by medication For the indicated occupational and social impairment, is it possible to differentiate which impairment is caused by each mental disorder? ] Yes { ) No [X) Not Applicable (N/A) If a diagnosis of TBI exists, is it possible to differentiate which occupational and social impairment indicated above is caused by the TBI? [ ] Yes [ ) No [X) Not Applicable (N/A) SECTION 11: Clinical Findings : Evidence Review Evidence reviewed (check all that apply) : VA e-folder CPRS Recent History (since prior exam) Relevant social/marital/family history: The Veteran lives in Conway, AR with his wife of approximately 4 years and his two sons (ages 1 and 5) . This is his first marriage. The Veteran is originally from Warren, AR. His family still lives in Arkansas. He and his wife get along well. They enjoy spending time in their yard, taking pictures, shopping, travel ling. His five year old son has an autism spectrum disorder. He said that his family has had trouble adjusting. Mr. Durey enjoys playing guitar, but reported that he does not play frequently due to time limitations. He enjoys woodworking, but reported that he has not been able to do so due to lack of time. He rarely keeps in touch with his family members. He said that his parents and his wife do not get along well. They have problems with acceptance of his son. He denied any contacts with friends. He denied any partcipation in group—activities. The Veteran reported that he and his wife have been frustrated with his inability to remember conversations or tasks at home. He has to be reminded multiple times to remember things at the store. Relevant occupational and educational history: The Veteran works at Data Path. He and his wife both work there. He said that he has been working there for approximately 7—8 months. He PATIENT NAME AND ADDRESS (Mechanical Imprinting, If available) DUREY, JONATHAN ADAM VISTA Electronic Medical Documentation Printed at CENTRAL ARKANSAS BCS Page 2 29. 2018 said that he has noticed problems with staying on task, doign projects at work. He said that this has happened multiple times. He has noticed more problems with memory since starting psychotropic medications c. Relevant mental health history, to include prescribed medications and family mental health: Mr. Durey reported that he sleeps approximately 4-5 hours of sleep per night. He wakes up frequently during the night. He has dreams occasionally and wakes up for no reason. When he wakes up, he notices persistent worries. He denied daytime napping. He gets drowsy at work and while driving, but denied sleeping at the wheel. Appetite seems to be increased. His weight has increased approximately 10 pounds in the last six months . The Veteran denied plans to harm himself or others . d. Relevant legal and behavioral history: None e. Relevant substance abuse history: The Veteran drinks approximately 4 beers per day. He denied using any illicit drugs. He denied any history of DUI. f. Other, if any: No response provided. 3 . PTSD Diagnostic Criteria Please check criteria used for establishing the current PTSD diagnosis. The diagnostic criteria for PTSD, are from the Diagnostic and Statistical Manual of Mental Disorders, 5th edition (DSM—5) . The stressful •event can be due to combat, personal trauma, other life threatening situations (non—combat related stressors) . Do NOT mark symptoms below that are clearly not attributable to the Criterion A stressor/ PTSD. Instead, overlapping symptoms clearly attributable to other things should be noted under #6 "Other symptoms . Criterion A: Exposure to actual or threatened a) death, b) serious injury, c) sexual violence, in one or more of the following ways : [X) Directly experiencing the traumatic event (s) Criterion B: Presence of (one or more) of the following intrusion symptoms associated with the traumatic event beginning after the traumatic event (s) occurred: PATIENT NAME AND ADDRESS (Mechanical Imprinting, if available) DUREY, JONATHAN VISTA Electronic Medical Documentation Printed at CENTRAL ARKANSAS HCS Page 3 29, 2018 [X] Recurrent, involuntary, and intrusive distressing memories of the traumatic event (s) . [X] Recurrent distressing dreams in which the content and/or affect of the dream are related to the traumatic event (s) . Criterion Persistent avoidance of stimuli associated with the traumatic event (s) , beginning after the traumatic events (s) occurred, as evidenced by one or both of the following: (X) Avoidance of or efforts to avoid distressing memories, thoughts, or feelings about or closely associated with the traumatic event (s) . Criterion Negative alterations in cognitions and mood associated with the traumatic event beginning or worsening after the traumatic event (s) occurred, as evidenced by two (or more) of the following: [X) Markedly diminished interest or participation in significant activities. [X] Feelings of detachment or estrangement from others . Criterion E: Marked alterations in arousal and reactivity associated with the traumatic event (s) , beginning or worsening after the traumatic event (s) occurred, as evidenced by two (or more) of the following: Sleep disturbance (e.g., difficulty falling or staying asleep or restless sleep) . Criterion F: No response provided. Criterion G: The PTSD symptoms described above cause clinically significant distress or impairment in social, occupational, or other important areas of functioning . Criterion H: The disturbance is not attributable to the physiological effects of a substance (e.g., medication, alcohol) or another medical condition. 4 . Symptoms For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [X) Anxiety PATIENT NAME AND ADDRESS (Mechanical Imprinting, if available) DUREY, JONATHAN ADAM VISTA Electronic Medical Documentation Printed at CENTRAL ARKANSAS HCS Page 4 29, 2018 [X] Chronic sleep impairment [X) Mild memory loss, such as forgetting names, directions or recent events 5. Behavioral observations No response provided. 6. Other symptoms Does the Veteran have any other symptoms attributable to PTSD (and other mental disorders) that are not listed above? t Yes [X) No 7 Competency Is the Veteran capable of managing his or her financial affairs? Yes t ) Nó 8. Remarks, (including any testing results) if any: Based on the review of the record, and this interview, it is the opinion of this evaluator that symptoms meet the diagnostic criteria for PTSD which is, as likely as not a continuation of the service—connected condition. /es/ BYRON J SIMONEAUX PSYCHOLOGIST Signed: 11/26/2018 10:58 Oh, I also followed up with this on the claim, since the evaluator did not mention my panic attacks. In reference to the VA claim for the veteran Jonathan A. Durey (#########): At the recent C&P examination on 11/26/2018, the evaluator did not ask about the veteran's panic attacks which occur at a frequency of at least once weekly, sometimes more. I, Jonathan A. Durey, the veteran, would like to go on record that I do experience these panic attacks which were not addressed at the C&P exam.
  18. I am currently rated at 30% for PTSD. I filed a secondary claim for memory loss, because the medications I am on for PTSD cause me a lot of memory problems. I had a C&P that I wanted to upload with this, but When I try to attach it says "You do not have any existing attachments.". Anyway, the claim status on ebenefits is currently "Pending Decision Approval", and I filed on 11/1/2018. I do not see a change in the VA Letters, or the Disabilities page. Has anyone else filed for memory loss secondary to PTSD, and I was wondering if someone could kinda guess what percentage they think I will get if any. I know that's hard to do without a copy of the C&P, so if someone can please tell me how to upload the PDF, that'd be awesome.
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