Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
68mustang
-
Posts
405 -
Joined
-
Last visited
-
Days Won
1
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by 68mustang
-
-
I found the following web site on the Legal Authority Within the Department of Veterans Affairs Adjudication. May be some interesting reading for all. Please look at it and give your thoughts. Thanks.
68mustang
-
68,
Different records can be stored in several different places.
Did they give a hint as to what specific information they are seeking ?
Is this for an asbestos claim ?
The claim is for asbestosis and the NOD is for depression because I believe I was lowballed at 10% and I believe it should be at 30%. No specific information was cited as being needed. Thanks.
68mustang
-
68,
I'm sorry but I can't remember - -
did you get some additional information / evidence that would be strong enough to
possibly sway the decision maker towards a grant or bring the evidence into relative equipoise thus getting them
to apply the BOD to SC your depression ?
I'm remembering asking you some questions on a topic but now I can't locate that topic.
If yes, send me a link to it.
I received a grant of 10% for depression and I believe that it should be at 30%. I am working on new medical evidence and other evidence that was not used in the decision. Hopefully that would allow me to get to higher level of 30%. So I don't know if the time frame allows me to work on it before an DRO review.
68mustang
-
I sent in an NOD for a depression claim on 21 Oct 2010 and today I received a letter that acknowledges receipt of my NOD. Along with the letter I receive a VA Form 21-4138. I had been advised after I had file my NOD to request a reconsideration of my denial and now I get this letter. Since I got this letter is it too late to request a reconsideration? Thanks.
68mustang
-
Its probably them talking to themselves and its getting logged. They are probably confirming your current percentage. They did similar with my dependents about 2 months ago.
justruck and brokensoldier244th
Thanks for your response. I finally got through on the 1-800 to VA. I inquired about what the "Requested confirmation of benefit" and was told that the VA had requested info from the National Personnel Center about my military service in conjunction with my claims. Makes no sense to me because my military service info should be in my c-file already.
68mustang
-
I filed an NOD for depression and new medical evidence for an asbestosis claim about two weeks ago. I checked the E-benefits web site to see if there was an update on the NOD or the new medical evidence as having been received. There is no update on the NOD or the medical evidence, but there is some new info. I noticed that in the section titled " What we have done" it states "Requested confirmation of benefit" on 11-02-10. Any idea why the VA would request such info? Thanks.
68mustang
-
This looks to me like it could open up some additional claims at the BVA level.
Going by this, the vet sprung out a new claim, although it is in relation to the issue at hand.
What is your opinion ?
http://www4.va.gov/v...es3/1021541.txt
The appellant has also submitted additional diagnoses of
pseudomonas pneumonia and bronchiectasis which were not
previously considered by the RO.
***** The Board notes that, in certain circumstances, a new claim
can be raised with the submission of a diagnosis not previously considered.
See Boggs v. Peake, 520 F.3d 1330 (Fed. Cir. 2008).
The appellant alleges a pseudomonas pneumonia infection incurred
during service resulting in bronchiectasis. As these
allegations and diagnoses were not previously considered by
the RO, the Board determines that finality does not attach to
these diagnoses.
This reminds me of the adenovirus vaccine testing that I was subjected to in Navy bootcamp in 1967. I did not find out about being a lab rat for the vaccine testing until until many years after the end of my enlistment. I was looking through copies of my military medical records and there was a notation about the testing ,which I never agreed to. I remember that we had some recruits who got very sick after getting some vaccines. I don't know if it was because of those vaccines,but they did get respiratory illnesses. After I got out I got very sick with respiratory illnesses,but I don't know if it was due to the vaccine.
68mustang
-
68,
I see no reason why you can't question the deferred issues at the bottom of your NOD.
Something like . . .
Rating Decision dated XX/XX/XXXX
stated issues for XXX,XXX,XXX, are deferred.
Please, also send me correspondance advising as to what part of the adjudication process
my deferred issues are in, WHY were these issues deferred and if there is anything I could submit
that would help these deferred issues to finally get ADJUDICATED !
Carlie and john999
Thank you for taking the time and effort to respond to my post. Well I guess after all the prodding with 1-800 calls and IRIS requests the VA finally came through with a retro for 12 months for SMC K. I was checking my bank account this morning and lo and behold my balance was different. Seems the VA deposited the money overnight.I called the 1-800# yesterday and I was told it was still in development and I checked Ebenefits this morning and that also states that my deferred claim is in development. I am thankful that the deferred claim issue has apparently been resolved, but I won't do anything with the money until I get an official letter from the VA. I still will file the NOD tomorrow for the increase on depression and for the asbestosis. Thanks again.
68mustang
-
I filed a NOD on my deferred claim because the VA would not get off their asses and rate my claim. There were no problems but I did get my rating. You can disagree with the VA's decision to defer your rating. In my case they had all the evidence they needed to rate me, but they just stalled.
john999
Thanks again for the response. This Thursday I see my VSO at the clinic and I will file the NOD. Maybe lighting a fire under the VA will get them moving toward a denial or approval.
68mustang
-
Whatever you do don't wait to the last minute to file the NOD. You have a year to file but don't wait 364 days.
john999
Thanks for the response. Someone had advised me to go ahead and include the deferred claim in my NOD, but I can't remember who. So do you think I should include it even if by some miracle the VA sends me a decision in the near future? Could there be some repercussions if I do and the VA approves or denies the deferred claim? Thanks.
68mustang
-
68,
You do not have to meet all of the symptoms but you do have to meet the majority
of them.
I would go thru my medical evidence of record and see what symptoms I do meet
in writing from doctor's and then compare the evidence to both the
10 percent and 30 percent criteria.
Also, if this is additional medical evidence versus the evidence of record at the time the decision
was made (and if I had plenty of time on the NOD clock) -
I would submit the additional evidence and ask that the percentage level of disability assigned, be reconsidered.
Carlie,
Thank you very much for your response. Yes I do have more new evidence and I have until March 22,2011 to file the NOD. However I am waiting to hear on deferred claim which has been in limbo since March 22,2210. After repeated attempts to get the Houston RO to provide a detail response as what the holdup is on the deferred claim all the VA will respond with is "we are still working on it". The responses have been through IRIS and letters from the VA. This Thursday I want to go file an NOD on the depression rating to see if I can get it higher. Also include an NOD for the denial for asbestosis and I have new medical evidence and evidence that the VA totally ignored yet was in their possession. Plus it was not adjudicated in accordance with the M21 that was posted on hadit (YEA and thanks to James Breckenridge and you). Plus since the VA will not give a definitive answer on the deferred claim I want to add that to the NOD. Any thoughts on what I just stated? Thanks.
68mustang
-
68,
This is only my opinion, but my answer to your question as posed, would
be, NO.
The only factor in the Schedule for MH percentage criteria, that addresses
medication for the condition is the 10 percent level, which you already have.
The amount of medication is not addressed in the Schedule.
Now, hopefully other's will chime in on this, but it is also my opinion
that you might be able to claim another condition as secondary to
the effects of the medication.
Occupational and social impairment with occasional
decrease in work efficiency and intermittent
periods of inability to perform occupational tasks
(although generally functioning satisfactorily,
with routine behavior, self-care, and conversation
normal), due to such symptoms as: depressed mood,
anxiety, suspiciousness, panic attacks (weekly or
less often), chronic sleep impairment, mild memory
loss (such as forgetting names, directions, recent
events)… 30
Carlie or anyone else please I need your help.
Do you know if you have to meet all the symptoms describe under the 30% rating to get an increase from 10%? I think I was lowballed and will be filing an NOD because of some missing info in the C&P exam for depression. Thanks.
68mustang
-
68mustang brought up something interesting. If the VA significantly increases (doubles) medication for an MH issue, is that worth mentioning?
Thanks Vync
For bringing that up. Maybe someone will respond and offer some input on whether to mention that after I file the NOD. Also if that would help my claim in getting the rating raised.Thanks.
68mustang
-
Your situation is the one we have worried about with PTSD claims. You somehow need to get the VA to give you a PTSD DX. The rule change to liberalize PTSD claims has now come back to bite us all in the ass. The VA says they are the only ones who can make PTSD DX.
john999
Thank you for the response. I don't know if you read my first response to you so I resent it again to see if you or anyone has else has any input. I now have obtain copies of my progress reports with my VA doctor where they show that he double the dosage of my medication for depression and also prescribed sleep medicine. He also notes that I am positive for PTSD and MST in the progress reports. I see my MH counselor again next week.Thanks.
68mustang
-
I called the toll free number.
Cm Burns the reason I asked where you got your info is because this week for me calling the 1-800# and looking up up info on E-benefits has been tough on me. First on E-benefits my claim showed that it was in development. Then later in the week it went to decision and then notification. Later I checked it was back in development yesterday. I first called the 1-800# when it went notification and I was told that they could only tell me that I would be sent a letter. I again called yesterday when it went back to development and was told that a decision had been made and that they could not give me any further info. So here I am in limbo waiting to see what the decision was and why it went back to development. It makes no sense, but what am I going to do. Watch football as stillhere recommends.Thanks.
68mustang
-
I had 2 claims submitted months apart. they all went info the rating phase together but came out of the rating phase a day apart. As of yesterday I found out that I was awarded 30% for ptsd/mdd/anxiety .... but I am confused about several things. I am wanting to know if you have 2 claims going in to be rated back to back do they then combine it all info 1 award or are they always kept seperated. The reason I ask is all the claims i am told are closed. but all that is in the system is 30% and she told me it was from a claim filed in 2009. Does that mean they have not entered the info from the claim filed in 2010 or that there was no reward. I do know only 1 award letter has been sent from what they told me. I don't know if for both claims all i got was 30% or is it possible the second claim was not entered yet. can someone please help me to understand. I also applied for nsc pension which is not showing active on the system so I assume i was turned down for it or actually I don't know what I should think about that. Any advise would be greatly appreciated. If all i got was 30% for ptsd I think they really low balled me. I am not quite sure what to think from here on any of this but i am trying to get a good understanding of what has happened and what should happen.
Thnx
I am going into an inpatient program that is 12 weeks it is for ptsd and since I am not rated for it I wanted to apply for the temporary 100% can you guys also tell me what to do and how to go about applying for it.
<br class="Apple-interchange-newline">
Cm Burns where did you get your info on your claims?
68mustang
-
I received a copy of my c-file the other day. I found a copy of a VA form 21-6789 that has a JSRRC review that was done on my stressors. The review states that my stressor is conceded. The only stressor that was conceded was 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 refers to the MST as traumatic assaults. I would like to see if I can get it rated higher if I don't meet the criteria for PTSD.
The copy of the VA form 21-6789 with the JSRRC review does not show up in the evidence used listing. 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 above mentioned items make a difference.Can anyone please offer some advice on what I can do when I file an NOD on this. Thanks.
68mustang
-
I am afraid that it is going to come down to that situation. If you had a shot at getting 10 years of retro the lawyer would probably take your claim. It is about money. A doctor hurt me recently and lawyers told me unless the doctor cut off the wrong foot I was out of luck. I did not like that one bit.
john999
Thanks for your response. We are so out of luck as veterans.
68mustangs
-
I tried this week to get a lawyer who represents vets to represent me on my claims. To make a long story short I was told that they could not represent me because what it came down to was that it was not feasible for them or me to be represented by them because of the monetary compensation and their percentage fee (20% or 25% don't remember which). I was told that if the disability percentage I was trying to obtain was 70% or more that I could call them at a later date. You see I am only at 20% (10% tinnitus and 10% depression) now and they told me that I could probably go for an increase to 30% on my depression, which should bring me up to 40%. I was very happy at first because I was given the impression that they would represent me, then they pop my balloon. It all came down to dollars and cents. I am going to use a local VSO who is helping a vet friend of mine. Thanks just needed to get this out and somewhat vent.
68mustang
-
Even if a third exam was not in your favor, it's still two to one for you. (Also, the VA may ask for another exam if the previous exams are over a year old.)
Thirty days for an IRIS reply is not normal.
Write another, mentioning the previous one, and get into the why a third exam request, and possible fraud waste and abuse. (Misuse of govt. funds and a possible attempt to defraud a veteran, etc.)
The answer should be interesting!
Actually, I'd also think about contacting your senator or congressman's office, and see if they can add a little spice to the situation.
If they for instance, sent a copy of the unanswered IRIS with comments to the VA, along the above lines, I'll bet there will be a prompt answer.
I assume you have copies of the exam results, and can include them in any written correspondence generated by a congressman or senator's office to the VA.
Thanks Chuck75 for your response.
68mustang
-
Carlie: Checked Ebenefits and called the 1-800 today. I was told that my deferred claim was in the decision phase. Now have to wait to see what the VA will decide before I do anything else now. I am going to use a VSO that I am comfortable with and seems to know what he is doing. Only time will tell if he does. Thanks.
68mustang
-
My gaff score is 60.
Postman56 I noticed that your GAF score is 60. Mine is too. Seems like it is common for the VA to score the GAF at 60. I have seen many other posts here and on the internet where others have GAF scores also at 60. Does anyone know what GAF 60 may rate at? Thanks.
68mustang
-
68,
Send the dang VARO an Iris and/or better yet, contact the C&P department and inquire as to why the VARO is wasting their
valuable resources and piece mealing claims and work.
Tell them you already had your C&P for ED and an opinion was written on XX/XX/XXXX and signed off on by Dr. XXX.
Inquire if they are doctor shopping within their own agency, to get a negative C&P opinion.
Just a quick update. I still have not heard back from the Houston RO after my IRIS was forwarded there 03 Sep 10. I have called the 1-800 number twice and sent in an IRIS inquiry again this week detailing the C&P exam I already had and why I need another C&P exam for which a VA doctor has already provided an opinion for. It looks like for some reason that the VA is stalling. Thanks.
68mustang
-
I have access to Ebenefits and have found it to be lacking current information. It seems that the Houston RO has not updated my info on claims since April of this year. I check it every day and have contacted the VA by phone and IRIS inquiring what is going with a deferred claim. I just get the response from them that they are working on it.
68mustang
Three Separate 100% Scs
in VA Disability Claims Research
Posted
broncovet
I posted the following a while back on M21 adjudication. Don't know if this is what you are talking about.
68mustang
http://www.bva.va.gov/docs/VLR_VOL1/vlr1parker.pdf