Dustoff1970

Sounds like a bad idea as you can do yourself more physical harm. Did you get that tip on Reddit or VBN or where ??? My comment is not legal advice as I am not a lawyer, paralegal or VSO

I easy cut and paste a disclaimer with the post where I give an advice comment/opinion on disability claims and appeals. Most of my advice given is based upon my actual mostly successful personal experience filing VA disability claims and appeals since 1985 to present day. Better safe than sorry. I also often advise vets to seek assistance of an experienced VSO or veterans law firm. My comment is not legal advice as I am not a lawyer, paralegal or VSO

Since the 1 year time for appeal has expired then the filing date of supplemental claim with new evidence will be date of claim or date varo received the supplemental claim. My comment is not legal advice.

A few years ago I was granted OSA Sleep Apnea with CPAP secondary to long term Nam PTSD (70%) and VA medications by the Board (BVA) on appeal. OSA with CPAP was 50%. I submitted solid evidence that was denied by the VARO raters. With my appeal to the Board I submitted directly to the BVA as new evidence an IMO medical nexus opinion from a private doctor surgeon of 30 years who provided an excellent written explanation stating why I should be awarded service connection for OSA. The chicken chit excuse given by the VARO and sorry VA C&P examiner was that I was slightly over weight and not due to PTSD and VA PTSD medications. When submitting new evidence to the board it is important to state in writing you wish for the BVA judge to evaluate the new evidence at BVA and not send it first back to the VA raters for them to consider and then they would probably again deny your claim . Works for me. Do not be mislead by other sorry former jealous military lifers, VA raters and VSOs on other forums that PTSD/ and ptsd medications do not cause and/or aggravates Sleep Apnea. They always say if you are overweight or obese then this is the only cause for your OSA. They also do not like for vets like me to get and pay for private doctors IMOs. Very narrow minded of them but then they are military and government union lifers. The BVA has awarded hundreds of vets OSA due to PTSD and other MH disorders even tho the sorry VA raters continue to deny these claims. You will probably need an independent private or VA doctor IMO nexus medical opinion to win the claim or appeal. My comment is not legal advice as I am not a lawyer, paralegal or VSO

I actually won this heart disease increase to 60% on a BVA appeal and backdated to 2017. So I am over the 5 year mark for stable rating status but the VA raters were unhappy with my win at the BVA so they ordered up the two Optum Serve ACE exams. Their bad and loss.

I just received final decision letter from VARO and they are continuing my AO heart disease rating at the correct 60% level. The decision letter actually appeared on my VA.GOV webpage 11 days before it came in the regular mail. Good stuff. The VA raters ordered up two separate Optum serve ACE exams on this heart disease increase within two weeks of each other and evidently both NP examiners recommended my continued 60% rating after they both review my medical record history on this heart disease. Another win for me and Zero for the raters.

Your welcome!

No confusion here. OP said he/she diagnosed for PTSD and filing for PTSD is the appropriate disability application here. Yes the VA raters may choose to rate the OP for major depression or some other MH symptom. If totality of medical evidence and other evidence suggest PTSD then VARO will probably rate as PTSD. Here is my real life example of PTSD history. In 1985 after hospitalization the VA shrinks in multiple diagnosis gave me first on Axis One a diagnosis of Episodic alcoholism, then on Axis II a diagnosis of major depression and on Axis III PTSD. Later they dropped alcoholism and stuck with only depression and PTSD and then after that only PTSD. Same with VA C&P exams. In very first VARO disability decision in 85 and thereafter to current day has only and always been PTSD because all the OTHER EVIDENCE (NON MEDICAL) proved I suffered PRIMARILY from only Nam combat PTSD and they listed the following symptoms as composing my PTSD. 1. Depression, 2. OCD, 3. transient paranoia, 4. anxiety panic attacks, 5. social isolation, 6. unemployed/unemployability, 7. many others. Even tho PTSD was not initially the primary diagnosis fro me in 85 to 87 and till 91, I filed for PTSD and the VA raters gave me a PTSD disability rating at 50% that was increased to 70% and P&T TDIU in 98 to 2000. I see no conflict in our comments. If the VARO gives him a lower evaluation for another MH symptom and not for PTSD then OP can appeal with HLR, Supplemental or directly to BVA and argue his rating for PTSD or depression or whatever should be higher and maybe offer new evidence (if any). We are saying the same thing in different ways. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Pacmanx is very correct. PTSD has many symptoms such as depression, panic attacks, OCD, anxiety, and so many others. I would file for PTSD and list your problems/symptoms of your PTSD as stated above plus sleep problems, social isolation (if any), paranoia (if any), etc. All of these are considered symptoms associated/caused by PTSD plus of course flashbacks to the event or events. PTSD carries higher disability ratings than just plain anxiety and/or panic attacks, etc. Since you have been diagnosed with PTSD then file for that. You can be rated for only 1 MH disability/disorder by VA as he said. I have been rated 70% Nam PTSD TDIU since 1998 and before that 30 to 50% since 1985. Now 100% P&T with SMC-S plus another since 2017. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

In 2000 I filed a CUE claim stating VARO in 1985 to 98 committed four CUE errors and after VA denial and BVA appeal denial I appealed pro se all four CUE errors in one appeal to the U.S. CAVC court of veterans appeals. In 2003 or 04 the CAVC judge said no CUE errors by VARO or BVA but he agreed that my 4th CUE error claiming the VARO failed to adjudicate me for TDIU was in fact an error in law and fact and remanded my TDIU CUE error claim back to BVA and VARO for the VA to properly evaluate me for TDIU back to about 95 or so. By this time the VARO had read the tea leaves and had already awarded me P&T TDIU back dated about 5 years. So my partial victory at the CAVC was a big win for me and my hard work at self representation of court appeal before the CAVC. P.S. Even if the BVA and/or CAVC denies that VA committed CUE you can still win a CUE claim by the BVA or court agreeing that a non CUE error was committed. Back pay may not be as much but sometimes half a loaf is better than no loaf. Try it and you may succeed. Happy face here. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

This is wonderful news since anyone who has ever served overseas in military can claim PTSD compensation LMAOL. Combat zone can and will include just about anywhere overseas. I also love free candy. Yup

Having been diagnosed with Nam combat PTSD since 1985 with P&T PTSD TDIU and 100% P&T since 1998 I have not heard of VA reducing the stressors need for PTSD even in a combat zone. In addition to my PH and CMB plus DFC there were other ways for me to prove combat stressors exposure in Vietnam in 1970. I also cannot read the NYT article because of a paywall and they are so biased against everything I believe in and lie about many things I do not find their article creditable even if I could read it. I will do my own research on this question on other reliable news sources such as stars & stripes, military.com, etc.

Yes with exception of PTSD C&P exams I have had multiple different disability C&P exams conducted by same examiner at same time and place. As an example I have had OSA Sleep Apnea, with Heart Disease C&P exam conducted by same examiner at same time. Both disabilities were separate claims I filed at different times. There have been other occasions where this has occurred. The VARO raters have also combined my two or more disability claims into one final decision letter and I have filed more than one disability claim on same VA Form 21-526. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Yes I won two separate BVA appeals in past two years with the important medical nexus and IMO opinions from a private DR and heart surgeon in Tucson, AZ. As part of his opinions he pointed out the important factors totally ignored/disregarded by the VARO raters and a twice biased VA C&P examiner against me. Same chicken chit VA examiner both times. The BVA accepted all the medical evidence that the VARO raters claimed I had no evidence or it was without substance. I should be allowed to mention the doctor's name here but no joy. Sigh

I recently received two separate favorable appeal decisions from the BVA. One was for Sleep Apnea secondary to PTSD and the other was for an increase of my Nam AO heart disease from 30 to 60%. One appeal was a direct appeal and the other was new evidence option. Because of my age of 75 and over I was placed on the advance docket by BVA judges and even then one appeal took at least 2 years and the other 1 and 1/2 half years. The over 2 year appeal included a remand for another C&P. I occupied my time and mind doing many different things to include fishing and camping, etc.

I just very recently downloaded my very recent VARO decision letter continuing my 60% rating for Nam AO Ischemic Heart disease. The actual paper decision has not arrived in regular mail yet from the VARO. Also have downloaded many VA decision letters from the VA.GOV website for past many years to the 80s. Many vets do not know this. With a premium account a vet can view their Claims and Appeals status on VA.GOV then click on the blue letter link for decision letters embedded in the last or latest Claim or Appeal status block. Then a whole list of the letters will appear in descending order by recent date to older dates. Good stuff with no more waiting on snell mail. My comment is not legal advice as I am not a lawyer, paralegal or VSO

Both DBM II and NP are automatically presumed and service connected under the Agent Orange Act if you were exposed to the AO Dixon with boots on the gound in Vietnam during the war or served on Korean DMZ at a certain time or at certain U.S. base locations in Thailand and maybe Guam, etc. All you need is a current diagnosis of the above disease/s and service records showing you were at those locations at the designated time periods. VA has a whole website devoted to requirements for Agent Orange service connection including locations and time periods. A qualified experienced VSO at a VA regional office may be of further assist to you. Their services are free of charge. My comment is not legal advice as I am not a lawyer, paralegal or VSO

All due respect the VARO raters have for decades deliberately violated 38 CFR regulations, 38 U.S.C. laws, court decisions and even their own M21-1 manual provisions in denying vets disability claims and then saying it was just an honest error when overruled by the BVA and/or U.S. courts. They ignore and disregard good solid medical evidence for the vets all the time. Since there is no real accountability for government bureaucrats disregarding rules and laws then this chit will go on forever and very often requiring a lengthy BVA appeal timeline for vets to win their unjustly denied claims by VARO.

I recently received SMC-S back dated to 2017 based upon Bradley v. Peak and other friendly favorable U.S. CAVC court decisions. The BVA granted me my first of two successful appeals and gave me 50% for OSA Sleep Apnea due to Nam PTSD (secondary to ptsd and VA ptsd medications for long period of time). I was rated at 70% PTSD P&T TDIU with 30% heart disease and the additional 50% for OSA put me over the minimum 60% threshold to automatically receive SMC-S. The P&T TDIU rating counted as 100% rating for purpose of SMC qualification. Additionally I have recently received increase to 60% for Nam AO heart disease thanks to 2nd BVA appeal and also VARO award of 60% for GERD, 10% for Tinnitus and 0% for AO Hypertension. You can like me qualify with additional combined disability ratings added up to 60% or more OR one singular only disability of at least 60%. All ratings must be for distinct disabilities of different body parts including MH as different from leg injury or GERD. My comment is not legal advice as I am not a lawyer, paralegal or VSO

There is serious false and misleading information being given to vets by so called "experts" at another location. Later I will give my disability claims/appeals success as an example against their lies. They say in a condensed version here that exposure means nothing and even a current diagnosis means nothing without a medical nexus opinion connecting the two to active service. They must hate the Pact ACT and the presumptive clause of that ACT. (1) In 2014 I was diagnosed with Ischemic Heart Disease IHD/CAD by private Heart Surgeon after extensive testing.The VARO raters automatically awarded me 30% rating for this IHD/CAD as a presumptive disability due to my "exposure" to Vietnam sprayed Agent Orange toxin under the then Agent Orange ACT as I served as combat Army medevac pilot in Nam in 1970. Later the BVA granted my appeal and increased this to 60% effective back to 2017. I had no and did not need a formal, official or unofficial medical nexus IMO opinion from any doctor stating that my current heart disease was connected/due to Agent Orange toxin exposure. The VARO relied on my submitted medical evidence of IHD/CAD and my service records showing active duty status in Vietnam in 70. That was it period. (2) My second example is my very recent automatic award of Hypertension (HTN) service connection at 0% by VARO raters under the PACT ACT and again due to my Vietnam Agent Orange exposure and based upon long term VA medical treatment records and prescription drugs for my HTN and my service records. As a mere formality I was required to attend C&P exams for both conditions where the examiner confirmed my identity and existing evidence records. No private or VA doctor formal IMO medical nexus opinion was required of me period. The way these smart ass turkeys on another forum gives short abrupt arrogant answers misleads vets to believing they must seek out a VA or private MD doctor or specialist to write up a formal nexus opinion connecting his exposure to the active service location at the proper time. A current diagnosis of the presumptive disability and vets service records showing he was at the location of exposure in correct time period is all that is needed under the Pact ACT and Agent Orange Act. Good grief. I feel sorry for vets relying on those BS artist. Come to Hadit for more honest accurate information. My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Yes I have been 100% P&T with SMC-S since 2017 and before that I was 70% TDIU P&T since 2000 so I am not concerned at this point and will see how this VARO chit plays out and will update info if anything new. My 60% heart disease rating has been in effect for over 5 years and I am 77 so this does probably constitute VARO government harassment of a Nam PTSD combat Purple Heart vet with also GERD, Sleep Apnea, heart disease and hypertension, etc. etc. I have no other claims or appeals in play. I will not waste my time complaining to higher VA authority but go straight to news media and Senators and congressmen/women.

More VARO games and they continue on and on and on. Just today received yet another notification letter from a different LHI Optum Serve contract C&P examiner that the "confused" or "stubborn" VARO raters have requested yet another ACE records exam for revaluation of my Nam Agent Orange heart disease. This follows an October 11, 2023 VARO decision letter stating my 60% heart disease rating was continued at 60% and based upon very recent another LHI revaluation examiner ACE exam of my records on Sept 29, 2023 to Oct 2, 2023. It appears to me the biased VARO raters are shopping around for a C&P examiner that will downgrade me from 60 to 30% just like corrupt prosecutors shopping around for a friendly biased judge. The VARO claims adjudicators are extremely confused or their software system or they are very stubborn and upset the BVA over ruled their denial of my claim for heart disease increase from 30 to 60% on January 5, 2022. Like I said in another post they never give up and neither do I. After 30 years I have developed a tough hide in dealing with the jokers but this is a first for me like this. No surprise tho and prepared to contest and/or appeal or contact multiple Senators and Congress people like I did successfully in 2000. Let my recent experience be a lesson to other vets on how the VARO raters play dirty with vets disability claims and the type of tricks they use. Cheers

Yes. I had to obtain an imo from a heart surgeon as new evidence for bva appeal. Varo raters refused to accept accurate treadmill Mets readout. Bva accepted everything.

Jan 5 22 bva approved my ao heart diese from 30 to 60 %. Then varo ordered ace lhi c p exam reevaluation already. Examiner continued my 60%. So they do this chit often.

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