Bunny448

Good day, I am building a case to file for Menieres Disease and I need a vertigo claim approved. In 2006 I filed for vertigo that began in non combat at Fort Leonard Wood in 2002, I have many documents stating the diagnosis was vertigo. It got worse in 2003 after two TBI events in Iraq. After Iraq I sought treatment and was diagnosed with PTSD with panic attacks. During the 2006 C&P the doctor claims I stated that it feels like the vertigo attacks come while I'm having a panic attack. I doubt I said this, but whatever. Also the vertigo started a year before I went to Iraq, so they should not be conflated. So the VA denied my claim for vertigo saying I stated the vertigo attacks come with the panic attacks, and so should be considered under the mental health rating for PTSD. I'd like to file a CUE, that the VA took a lay diagnosis (mine, that they were panic attacks) over multiple doctor diagnoses of vertigo. Can I file a CUE for this? I'll also stress in my planned CUE filing that the vertigo began (and was diagnosed by mail doctors) a year before any combat. Thank you for any input!

Hello, reading that VA rates all mental health conditions using same diagnostic criteria. Throughout my files I have diagnoses of a dozen mental health issues such as Major Depressive Disorder, but connected only for PTSD. (Separately I am connected for TBI). I read vets with, ex. 50% PTSD and 30% Major Depressive disorder would have them combined under one diagnostic code for 70% for one condition (per CCK website). In this case, is it possible to file separately for each of my mental conditions? If you had a bunch of mental issues, and they combined to reach 100%, would that be considered a single disability that you could add to another 60% to apply for SMC(s) (non housebound) ? As it stands I am 100 p*t schedular with another 60, but do not qualify bc it is schedular. Thank you!

Wow this place is awesome. Regardless of how it works out, thanks all for getting the info out there!!!

Hello, thanks for all your previous help, I continue to patron the site. I just received a CD of my cfile spanning 18yrs and had a few questions - Are you able to appeal a years-old decision to ask for a higher rating (and to receive the increased benefit for all those years)? In my case I was granted 30% PTSD in 2006 and later put in and received an increase to 50% in 2014. Looking through the cfile I believe it should have been 50% in 2006. It's possible that I don't have the option of going back. I don't have any new evidence, just that my medical records align with the higher rating. Thank you in advance! Edit, looking through cfile there's a note from the case of Dingess/Hartman v. Nicholson 2006,... 'If we grant your claim the beginning date of entitlement or increased entitlement to benefits will be...when the evidence shows a level of disability that supports a certain rating...'. Is this applicable to my situation ?

Thank you! So the extra 60 required can be combined of multiple smaller connected disabilities and doesnt have to be a 'single' 60 disability?

Dear Hadit, First off I am so blessed to have this community, after 18yrs I was able to receive 100% P&T schedular in 2018. My question is Smc s. I am not housebound and need to work. I have researched the below and found many different answers. 1. For Smcs Is it ok to be 100% schedular p&t plus an added 60%? The gov reg sounds like it's a single 100% plus a single 60% but elsewhere, like on the law firm sites, it says 100 schedular is ok. 2. So if 100% schedular (+60%) is ok, can the 60% be combined? Me personally I am 100% schedular and then have a bunch of others that add to 70% using VA math and calculators as well as bilat calcs. If #2 is ok, then how would I file to receive SMC s? Most of my ratings came in at once in 2018, would I file a CUE or supplemental asking for smcs? Thank you again so much! Just reupped my patron.

Thanks GB, makes sense. Just wondering why they put these as increases as if I requested that. I'll try 1000 too.

I don't know if this is good or bad. It might be good as the VA thinks these should be increased, it might be bad as I think they were static and I might have c&ps.... I'm 100% schedular. I filed for syringomyelia for a cyst on my cervical spine from neck trauma in Iraq. It carries a 30% rating but I likely need surgery to relieve it. Just checked VA.gov on the claim and they added all these increases as part of my claim.... 1. Is this possibly a good thing? or 2. do I risk my static ratings that already have me at 100%? Sorry for the formatting. Thanks in advance! Notice the syringomyelia is SEC but the rest are INC (increases) that I didn't ask for. In case it doesn't come through, this is from Ebenefits: What you’ve claimed Syringomyelia(due to TBI in Combat) (Secondary) chronic posttraumatic headaches with muscle tension headaches (Increase) thoracolumbar strain with scoliosis Intervertebral disc syndrome and degenerative arthritis of the spine (previously rated under dc code 5237) (Increase) spinal stenosis levo scoliosis intervertebral disc syndrome and degenerative arthritis cervical spine (Increase) traumatic brain injury(also claimed as head pressure that affects ability to concentrate) (Increase) Syringomyelia(due To Tbi In Combat) 06/21/2019 SEC View Pending Claim Traumatic Brain Injury(also Claimed As Head Pressure That Affects Ability To Concentrate) 06/21/2019 INC View Pending Claim Chronic Posttraumatic Headaches With Muscle Tension Headaches 06/21/2019 INC View Pending Claim Spinal Stenosis, Levo Scoliosis, Intervertebral Disc Syndrome And Degenerative Arthritis, Cervical Spine 06/21/2019 INC View Pending Claim Thoracolumbar Strain With Scoliosis, Intervertebral Disc Syndrome And Degenerative Arthritis Of The Spine (previously Rated Under Dc Code 5237) 06/21/2019 INC View Pending Claim

Sorry I meant that I reached 100% but then received several other decisions in my favor.... although I'm maxed out at 100%. I just have SMC K. Also theres no language to misinterpret in my letters as none of them refer to permanent or temporary or any of the other terms the VA uses. My Ebenefits letter says 'no' on being permanent. So... trying to go from 100 schedular to 100 P&T. Wondering if I need to file a claim to do that ?

Hello, just subscribed to Hadit as I've received so much good info searching the forums. Thanks to all of you! One last hill to climb, I'd like to receive P&T but I have no idea how. I am 100% and beyond (schedular), with SMC-K as well...so I have the 'total' part but not the 'permanent.' When you Google the topic you usually get answers for how to get P&T from if you are under 100%, or the years it takes for the VA to jump through hoops for reexaminations. I found one law blog that states to write your VARO and 'just ask for it.' Has anyone done this? I'm debating building a packet with IMOs that state my conditions are permanent...but it might be tough to get all my doctors' IMOs. Thanks in advance!

Hello HadIt community, Just had a c&p for a claim for an increase to a previous 0% shoulder rating. If it matters, it was a nurse practitioner and not a doc. When we went through ROM I couldn't raise forward beyond 30* due to being in a current flare up, and she stopped the test right there as she stated 'I can't do a ROM test on you due to you being on a flare up'. I asked if that meant I would have to come back later and she 'didn't think so.' Now, it's possible this could be in my favor if written as 'severely limited ROM', but I was at about 30* and she stopped the c&p right there. Has this happened to anyone else, and if so what was the outcome? Thanks in advance!!!