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68mustang
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Posts posted by 68mustang
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Having dealt with the JSRRC, the stressor was verified. It is a risk seeing the VA at a C and P exam but we are obligated to go.
I often use the term trying to French Kiss an alligator cause he is going to bite your head off.
If you have the means you need to go outside, take your records with you and seek an opinion from a Private Doc.
You should be able to tip the scales.
Hang in there,
J
Thanks J for the response. I plan to contact my private insurance to see what MH benefits they offer and then proceed from there. What go you think, should I just concentrate on getting my depression rating increased since it is already service connected? Should I use the JSRRC stressor verification in my NOD on the depression increase since the hazing incident and traumatic assaults were mentioned in the depression C&P exam but not JSRRC stressor verification? Plus the JSRRC stressor was not mentioned in the evidence used in either the depression or PTSD C&P exams Thanks.
68mustang
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While looking through my c-file copy I found a copy of a VA form 21-6789 that has a JSRRC review that was done on my PTSD stressors. The review states that my stressor is conceded. The stressor conceded is the stressor for the hazing I had while aboard ship, which amounted to MST.
The JSRRC review has noted on it as to what the examiner should do:
"Please ask examiner:
Please exam for PTSD. The stressor is conceded based on veteran being involved in a hazing incident that happened aboard the ship".
I had two separate C&P exams administered by different examiners one for PTSD and one for depression.
The C&P examiner's report for PTSD states that "Does the veteran meet the DSM-IV stressor criterion? No"
"Does the veteran meet the DSM-IV criteria for a diagnosis for PTSD? No"
The PTSD C&P examiners report also states in the medical opinion that:
"Rationale for opinion given vet does not qualify for diagnosis of PTSD; he does have a depressed mood though but it is hard to determine whether depression is due to stressors cited while in the Navy; I cannot determine exact cause of depression without resorting to speculation".
I did get rated at 10% for depression by the C&P depression examiner and the examiner's opinion was that it was for depression secondary to tinnitus, hearing loss, in-service hazing and traumatic assaults that I experienced. The C&P exam for PTSD does not address the MST and the separate exam for depression does refer to the MST as traumatic assaults. I am trying to get the depression rated higher and have filed an NOD.
The copy of the VA form 21-6789 with the JSRRC review does not show up in the evidence used for rating the PTSD claim. Plus the rater stated the GAF that was assigned by both examiners was a "65", but in realty it was a"60" on both. Don't know if the JSRRC stressor review not being used in the PTSD rating process would make a difference. Since the depression has already been service connected should I concentrate on getting that rating raised? Or should I also file a separate NOD on the denied PTSD claim since the VA only rates only one MH rating? My time limit to file an NOD on the PTSD is due March 22,2011. Would appreciate any input you all might have. Thanks.
68mustang
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Well, I took my C&P exam Dec. 6th, requested a copy on Dec 7th and as of today (Feb. 15th 2011) I still don't have a copy.
I called yesterday, and they told my that it will be done in the order it was received. Frustrating!
I got word about two weeks ago that they have denied my claim for my neck and back. (I'm going to a different forum to discuss that)
But for now, I'm just voicing my frustration over that.
My next step, may be to drive to St. Pete (from Orlando) to show up in person and request copies of my two C&P exams as well as my C-File. I don't know, is this allowed? Does it work?
I had my C&P exams here in San Antonio at one of the VA satellite clinics. After a few weeks I went to the Audie Murphy VA hospital FOIA office here in San Antonio and signed release forms to obtain the C&P exam reports. They gave them to me at that time, but if time did not allow they would have mailed them out to me. Now if you had your exams at a QTC or contracted clinic those copies you can get from your RO. I guess it depends on where you had your C&P exams.
68mustang
68mustang
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They are putting me on some Vitamin D suppliments to get my body somewhat back to normal but of course that is one of the side effect of PTSD I never go outside so of course I don't get enough sun to give my body what it needs....oops.
Kim82
Your post about Vitamin D and reminds me about my non VA doctor ordering lab work and the results pointed out that I needed Vitamin D. The doctor gave me a prescription for Vitamin D supplements and now I have to take one capsule every month. I had put in for PTSD, but was denied and only rated for 10% depression. Thank you for pointing out the Vitamin D side effect.
68mustang
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I believe that I may have lost the ability to manage my claims, and I believe this could be a tool that the VA uses with PTSD claims. Wait the Vet out, and he will not know his hands from his feet. I have had a physical C&P and a PTSD C&P (My second) last October. I have NOD my DMII effective date. I have NOD in that they did not consider my DMII secondary issues. I have a Law Firm working my Hereditary Angioedema aggravation case, and I believe everything else. But, the Claims are my responsibilities, and I can not recall what I sent the VA and what they have sent me. Ebenefits have shown that my claim has been in the development stage for 11 months. I would contact the VA 800 n umber, but find that a waste of time. I'm also classified as sensitive seven (I use to be the Secretary of the VA), actually I filed Xrays at the local VA hospital for 2 months. If the VA is waiting on me to just quit, well they are going to have a long wait. I may not be the brightest star, but like my wife says, I'm the most stubborn SOB she has ever known.
Papa
Hang in there Papa. Sorry to hear that you are having problems. And if you are as stubborn as I have been for the last 21 years there is no way you should quit.
68mustang
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I called the VA's 1-800 and I noticed that in the recording it now mentions that E-Benefits is now available and that certain functions can be achieved using it. It also states how to get E-Benefits.
68mustang
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68,
How have you been? I take it that you use a CPAP. I know you have a pulmonary specialist, but do you have a Sleep Doctor? If you do, go ask him/her. Or, change to another pulmonary specialist.
Papa
Papa
Good to hear from you. Yes I do use a CPAP machine. I don't have a sleep doctor and the pulmonary specialist is the one that gave me an overnight sleep study. It is worth a try going to another doctor. Thanks.
68mustang
Lots of rain and cool weather lately.
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I was looking at the C&P exam report in the diagnosis section and noticed some entries that detail how the asbestosis affects my work and daily life. In the work section it states: no effects ( I guess because I am retired). The usual daily activities it states: Yes and it goes on to describe that: Moderate restriction of strenous chores which require prolonged heavy lifting, pushing, or pulling. It is also noted that I have a positive history of dyspnea onset on moderate exertion. If anyone has any more input please let me know. Thanks.
68mustang
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With the reference to Harrison's Principles,too-which more C & P examiners should do-the doc cited a medical authority.
Harrison's is unequivocally one of the best medical texts around.
I have no idea how they will rate this.Or if it is at a ratable level.As John said this is rated with the PFT test results.
This should be listed in the VA's Schedule of Ratings here at hadit-as to how they rate this and you can compare your PFT results with the rating percentages.
Do you have any other disabilities that could possibly be caused by the lung problems as secondarys?
Do you have sleep apnea that this disability could perhaps make worse (thus an aggravated secondary) ?
Berta and John thank you for your responses. I'll have to compare the PFT results with the rating percentages. Although if it is not rateable at a percentage such as 10% or higher I hope that it is rated at least 0% that way I have it on record with a percentage. That would be a big help if get worse later, right? I do have sleep apnea, but don't know if I could get the pulmonary specialist to connect the two. I had a hard time getting a letter from the pulmonary specialist connecting my military service occupations with my lung disease. The best he could say in the letter was state that since my military occupations exposed me to asbestos that it was "possible" that it contributed to the asbestosis. The pulmonary specialist did put in the diagnosis that I had sleep apnea. Sleep apnea may be something to look into now.
My claim is not at the Houston RO because it was farmed out to another RO. I have had better results with that new RO than I have had with the Houston RO. Sometimes that pays off. I'll have to wait and see what the VA rater will come up with. Again thanks for your input and will keep you all posted on hadit. If you all have any more please let me know especially about the sleep apnea and whether that could be secondary to the asbestosis claim.
68mustang.
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It should be rated as Lung disease based on the results of your PFT's
What was your Naval Specialty. The list is here on HAdit that tells the probability of exposure.
J
Boiler Technician and Engine man both are on the pies list here on hadit. Thanks.
68mustang
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I got a copy of the C&P exam report for the exam I had last week. Since I don't have a scanner I am posting what it states in the
(Standard Examiners Medical Opinion) as follows:
The condition/disability pleural calcification ( asbestos related lung disease) is as least as likely as not (50/50 Probability) caused by or a result of asbestos exposure based on military occupational specialty.
Rationale for Opinion Given:
The veteran's occupation in the military involved working in areas with high concentration of asbestos. His work in shipyards during this period of time is a documented environmental risk for acquiring asbestos related lung disease. Due to the history of a high risk occupation and the current CT scan findings which are typical of asbestos related lung disease, it is likely that his present chronic disability from lung disease (pleural calcification) is related to his occupation while on active duty.
Reference:
Speizer,FE. Environmental Lung Disease. Harrison's Principles of Internal Medicine. 15th edition pages. 1469-1470.
Just like to see if anyone has any input as to whether this would help with my claim for asbestosis. I don't know if this would be rateable or if rateable at what percentage. Thanks for any info that you can provide.
68mustang
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"as a least as likely as not etiology." This would mean a 50/50 chance it is related to service
did you ask the dr did he think it was sc? More than likely is even better. Wait a few day & get a copy of your exam,I call ahead and ask is a copy ready.Oldjoe!!
I did not ask the doctor if it was sc because the letter I received with the appointment date stated " The examiner will not and should not give an opinion regarding your claim or the percentage of disability. These decisions will be made at the VA Regional Office." That meant to me that the opinion can only be given to the regional office and the regional office will use that to make the rating determination. I am going to the VA hospital ROI office next week and ask for a copy of the C&P exam report. Thanks.
68mustang
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"Has anyone else seen wording like this on copies of a C&P request from a regional office? I am confused as to why it would specified "as well as a least as likely as not etiology."
Yes this is very common ,for VARO C & P requests and if the BVA has the claim and remands it for another C & P.
I went for my C&P exam for asbestosis today. The examiner had my file there and said that he had reviewed it. He sent me for x-rays and during the exam he asked questions about the job I did in the Navy. I told him that I was in the boiler technician rating and that I worked with asbestos while in the Navy. He was a better doctor then the one I had before because this doctor allowed me to tell him in detail my work history before my Navy enlistment and after my discharge to the present. I hope this time there will be a better outcome. Thanks.
68mustang
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I was looking at some copies of the C&P exam that was done in 2002 for my first asbestosis claim. I noticed that when the C&P examine was requested by the regional office the following was stated by the requester:
"Per VA's duty to assist, We request that you examine the veteran's claimed respiratory condition and provide a specific diagnosis as well as a least as likely as not etiology.Thank you"
Has anyone else seen wording like this on copies of a C&P request from a regional office? I am confused as to why it would specified "as well as a least as likely as not etiology." As I stated on my other post the claim was denied. The examiner stated that the x-rays were negative even though I provided them with CT scan reports with a diagnosis of asbestosis. I go for my new C&P exam later today and I hope this time it goes well. Thanks.
68mustang
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The sleep apnea does not need to be service connected to get a cpap machine. You will have to contact sleep medicine and see if they will accept you private sleep study report, they might or they might one to give you a sleep study also.
EdB
Thanks for the info.
68mustang
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go to the VA have them redo the test and give you the CPAP.
Does the sleep apnea have to be service connected? I have sleep apnea too.
68mustang
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Do you have evidence from a private lung specialist who can bolster your claim? It is common for the VA to use under qualified people to do C&P exams. You are lucky it is a doctor and not a PA or NP.
I do have a letter and a diagnosis from a pulmonary specialist with a nexus to asbestos exposure in the Navy.Thanks.
68mustang
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"If this asbestosis claim was approved what would be the effective date?" The date you re opened this new claim is the EED for retro.
The only way yo could possibly get more retro is to find a CUE in the older decision.Plenty of CUE info here under the CUE forum.
I am assuming this is a re -open and you did not continuously appeal the older denial.
Yes this was reopened by the VA when I requested my c-files records pertaining to the denial on the first claim for asbestosis. I'll check the info in the CUE forum to see if any thing is there that I can file a CUE on.If there is not anything in the CUE forum things being the way they are with VA I would be happy with just winning my claim regardless of the effective date. Thanks.
68mustang
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I received a called last week that I am scheduled this Thursday for a C&P exam on my asbestosis claim. I was told the name of the doctor that was doing the exam and recognized the name. It was the same doctor that did a previous C&P exam for an asbestosis claim that was denied a few years ago based on his report. I asked to have a new doctor do the exam and I was assigned a new doctor. I questioned what kind of doctor he was and was told he was regular medical doctor. I was under the impression that a pulmonary specialist would do the exam since it is a pulmonary disease claim and I have been diagnosed by my pulmonary specialist and by a CT scan. Anyone have any input on the C&P exam being done by a regular doctor instead of pulmonary specialist? Another thing I would like to point out is that this asbestosis claim was added on by the VA to another claim I had recently put in. Seems that the VA got antsy when I requested copies of the original denial of the asbestosis claim that I had filed several years ago that was denied. If this asbestosis claim was approved what would be the effective date? Thanks.
68mustang
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Saw this on yahoo.com about new testing being done to control sleep apnea. It is a new porcedure that some might want to read about.
68mustang
http://news.yahoo.com/s/ap/20101227/ap_on_he_me/us_med_healthbeat_sleep_apnea
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LOL my wife is blonde she didnt tell me they had the digits posted or else I wouldve forwarded that info, now that I read the fine print I see that.
It is great that you all have that type of service. Does anyone know if this service is available in Texas? Sure would be nice.Thanks.
68mustang
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I recently got a nexus letter from a doc where he said 'possibly'. I asked around on here and was told that it does not meet the 50/50 minimum. I was advised to go back to the doc and ask for something which uses the 'at least as likely as not' or something stronger.
In the 90's, one of my VAMC C&P docs used 'possibly' and I was granted SC, but I had years of treatment records from in service and the VAMC to back it up. I guess it is ok if they use it, but not ok if anyone else uses it. Anyhow, lately they have become sticklers about using their terms their way.
Thanks Vync for your response.
68mustang
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I believe I posted this before,but can't find it. See if you all have any input on it. The following is the last sentence in my pulmonary specialist nexus letter and the best I could get from him. I guess I should feel lucky that he at least would do this for me since I had to wait for the letter for almost 4 months.
" Given 68mustang's employment history before and after Navy military service, his only known exposure to asbestos was from his military service; so it is possible that this exposure may have contributed to his current medical condition"
Does this falls within the 50/50 chance category that the VA uses or am I out of luck since this is most I can get out of the pulmonary specialist?
Thanks
68mustang
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This is the latest M21-1MR on Asbestos.
This is the file that James Breckenridge provided to us on asbestos adjudication. My asbestosis claim is pending and the information contained in the file will be very useful should the VA not follow the adjudication claim process for asbestos adjudication. Thanks to James for all the help he has provided us.
68mustang
Need Your Input And Advice
in VA Disability Claims Research
Posted
Thanks jbasser,fanaticbooks, and Papa for your good advice. You all have given me very good input. Thanks again.
68mustang