HeatherW

I need help with a veteran friendly orthopedic doctor who understands the VA process in the Virginia Beach area and can help with a Nexus letter and/or a diagnosis. Thank you in advance

This is happening to me as we speak. I was medically discharged in 1997 - got severance pay for depression. I recently filed a claim in December and was awarded 70% for depression in April. I knew they would recoup the severance pay because it's double dipping if the condition you got the pay for is exactly the same condition you get VA compensation for. They gave me 3 months of backpay and then sent me a letter saying they will start recouping the money in August 2020 and complete the recoupment in April 2021. Did your increase include a different diagnosis? They only recoup if the diagnosis code is exactly the same as what you were given severance pay for. Maybe the diagnostic code has been changed?

I am an analyst by trade and extremely OCD. I tracked my claim and am posting the timelines here in case it could help someone - I know each claim is different but it did help me not obsess so much when I saw the amount of time between each stage. I noticed eBenefits updated mostly on Fridays and Mondays until the end and then it was updating within minutes. To be noted - I was medically discharged 23 years ago and given severance pay for Anxiety/Depression and the PEB board language specifically said service connected and permanent. I think this was tremendously helpful. 12/16/2019 VA Claim Timeline: Dec 16 – Filed initial claim for digestive issues, anxiety, depression, hearing loss, tinnitus, and foot/back Jan 2 – Filed second claim for PTSD due to MST Jan 10 – Both claims combined moved to Initial Review Jan 20 – Claim moved to Gathering of Evidence Feb 4, 5, 13 – C&P exams conducted. Anxiety, PTSD went well. Foot/back/digestive issues Dr. was dismissive and short. Expect nothing from her. Feb 20 – Requests closed in eBenefits (MST Report, Exams) Mar 5 – Exam reports received by VA, moved to Preparation for Decision completion estimated ~ 3/13 Mar 10 – Back to Review of Evidence Mar 13 – Back to Gathering of Evidence completion estimated >6/2020. VA asks for exam clarification. Mar 25 – Back to Under Review completion pushed to 07/2020 – 09/2020 Mar 25 – Back to Gathering of Evidence completion 06/2020 – 09/2020, 2nd request for clarification sent, VA conducts phone call with examiner. Mar 25 – Exam requested for digestive disorder. QTC site shows appointments are being scheduled. Mar 26 – Called and seems no exam is needed? Confused. Mar 27 – Digestive disorder relabeled as secondary to anxiety. All conditions re-racked and stacked. EBenefits seems to update on Fridays. Mar 30 – VA rater asked Dr. Peak to adjust her IMO based on response from PTSD examiner who said digestive disorder was secondary to anxiety. If this happens she still likely will rate me at 0%. Intend to file Supplemental Claim asking for GI exam based on Dr. Peak being an occupational medicine Dr. Also will submit additional records from private GI Dr. First step is getting it SC. Apr 3 – Moved forward to Preparation for Decision completion estimated 4/11 – 4/22. Dr. Peak responded Apr 2. Apr 6 – Back to Review of Evidence completion estimated 4/15 – 4/28. Probably because I added the form to get GI records. Pushed the button asking for a claim decision. One condition had been deferred (likely digestive) but supposedly isn’t anymore according to Peggy. Apr 10 – Back to Gathering of Evidence. Clarifying information requested from PTSD Dr (conflicting information). Exam request entered. Request 4 needs signature from March 25. Apr 13 – Supposedly request from Mar 25 and Apr 10 is complete and sent back to VA. Apr 15 – Another exam request for clarification entered, PTSD Dr responded to the wrong one. Response is allegedly completed and VA has no more pending requests. Apr 15 – Moved forward to Preparation for Decision completion estimated 4/23 – 5/4. Apr 16 – Moved forward to Pending Decision Approval completion estimated 4/18 – 4/22. Apr 16 – New claim showed up in eBenefits “Verification of DSP amount”. Completion 8/20 – 12/30. This implies they awarded me benefits for a condition that I got severance pay for. Moved from Under Review to Gathering of Evidence within minutes. Apr 16 – Moved forward to Preparation for Notification completion estimated 4/17 – 4/19. Apr 16 – Claim complete, awarded 70%! They rolled up the digestive condition and other symptoms into Anxiety/Depression. PTSD was considered not SC even though I had an MST - suspect Anxiety/Depression rated higher and was easier to rate considering my service records and PEB stated Anxiety/Depression and explicitly said service connected and permanent.

I look at the Monday report and noticed that since the RO that services me closed they are actually completed twice as many claims as they had in weeks prior. I suspect teleworking or not having the other interruptions might make it easier to process claims faster. I'm an analyst by trade and just looking at the numbers it appears there is a clear correlation between the increased claim completion and the RO being closed (but maybe only if you're past the C&P examination part). I completed my physical C&Ps in February and I know for a fact the rater and the examiner are communicating with each other, offices closed or not.

I’m so discouraged.... I was hoping it might be a good thing....I don’t even really care about the physical stuff, it’s the mental torment I have been trying to cope with that hurts the most.

I called QTC to ask if they had responded to the VA yet and the girl was reading aloud from the notes on my screen. I asked her to repeat it more than once so I'm positive of what she said. What actually makes me somewhat hopeful is that in my gut the back dr was going to say not SC and give me nothing. Then the only adjustment to the medical opinion would be in an upward direction? Basically, because of the retaliation and bullying after the MST, which the PTSD and anxiety Drs could see evidence of in my records, there wouldn't be much in the way of in-service diagnoses for my physical issues because I stopped trying to get any help. They both noted that. Is it possible the rater is trying to actually help me? Right the wrongs?

I had 3 C&P exams in February Anxiety and Depression – I was medically discharged for this and my service record flat out said service connected and permanent so I feel like they won’t deny rating me on this. The Dr said they did me a huge favor writing that in my service record and she would report the same finding. PTSD – MST – I had all the markers and was severely retaliated against afterwards this is shown in my service record with lowered evals, requested transfer, etc. The assault was also reported so there was a record of that as well and the person was dishonorably discharged. I feel like they won’t deny rating me on this. The Dr said the military really did me wrong for how they treated me after that. It was basically a career ender. Back pain and hallux rigidus – I didn’t seek treatment while in service for this because after the retaliation I stopped seeking help. The examiner was dismissive, had me out of there in 5 minutes and I’m certain she gave me nothing. Fast forward to today. The VA rater asked all the examiners for clarification. First the anxiety examiner to ask if my digestive disorder was secondary to anxiety and/or PTSD. Second for the PTSD examiner to ask if the PTSD was service connected and if the digestive disorder was secondary to anxiety and/or PTSD. BUT the interesting one is that the VA rater asked the back pain/foot examiner to ADJUST HER MEDICAL OPINION BASED ON WHAT THE PTSD DR SAID. What in the heck? Does that sound good or bad? If it works in my favor then I won’t fight it, but if the rater is asking the examiner in an effort to reduce me, then isn’t it wrong for a rater to ask the dr to change their medical opinion? Since when is a rater a dr. Thoughts?

The minimum/standard amount for the year I got the severance pay is $1750 so it would definitely be worth the time. I never got the letter (I wasn't receiving VA benefits then) but I think maybe I might venture down to the local IRS office and see what they say. I'm not patient and a bit of an overanalyzer which is not conducive to this process lol.

I was medically discharged and given severance pay. It appears the va is going to rate me based on the exact conditions I was discharged for. I know they will recoup the money before I start receiving any payments but I also saw that I can ask the irs for a refund of the taxes I paid on that severance pay. Thing is, I paid these taxes in 1997 and I have no idea how much. That’s ok because there is a standard amount I can claim but I don’t know where to file this amended return since it’s for a tax year that is 23 years ago. Do I just send the PEB results, the VA letter and an amended return to the irs or is there somewhere specific I have to file?

I served from 1991-1997 but all my service was in the United States. Does the VA require you to have served in SW Asia or in the list of countries (i.e. Afghanistan, Iraq, etc.) to be able to file a GWV Presumptive List claim?

Does the Gulf War presumptive apply even if I never deployed in theater? I am not a combat veteran, just served on active duty from 1991 - 1997 all CONUS.

Thank you for replying, yes I am a GWV but not a combat vet. The VA hasn’t asked me for anything they asked for the medical opinion of the examiner, I hope they aren’t as slow to respond as they were to provide the report lol. That took more than 30 days. I don’t have a copy of the exam reports - I filed a FOIA request but I don’t know how else to get the report?

Good afternoon, I filed a claim in December for a number of issues (initial claim). I was a preparation for decision until last week when I returned to gathering of evidence. I called and found that they were requesting the following medical opinion from the C&P examiner: Is digestive disorder secondary to PTSD Is PTSD Service Connected How long does it typically take for the examiner to respond with this information (do they give them a time limit like 30 days and why wouldn't the examiner have not put whether they felt the disorders were service connected or not) and do you think this looks hopeful for me based on the following? I feel that asking questions is much better than straight up denying me. I'm a little sad because my completion date used to be this week and because of this request it's now pushed back until August. Long story short, I was medically discharged due to anxiety and depression with documented issues in my medical record regarding digestive problems (inability to gain weight and more). The doctors in the Navy specifically said my anxiety and depression were permanent and service connected - I'm grateful they used those words. During my enlistment I was the victim of a MST but back in the early 90s they dealt with things very differently. While there was a hearing and the offender was discharged from the Navy, the retaliation I suffered was severe and essentially career ending. So when I filed my claim in December I filed for anxiety, depression, PTSD due to MST, digestive disorders. I am hopeful the VA will not be likely to deny the service connection for anxiety and depression and the C&P examiner that I had stated as much considering my military records documented it pretty well. The VA should have been able to find the MST report (I showed it was requested and the request closed), especially because the offender was also active duty and discharged because of it. I ended up having 2 separate mental health C&P exams, one for anxiety/depression, and one for PTSD/digestive disorder/eating disorder. From what I've researched, I know I will only be rated for one mental health condition and it's supposed to be the one that has the highest rating. Does the above imply that they are considering giving me a rating for the digestive disorder (as opposed to dismissing it), just wanting to know if it's related to the PTSD? Is it a separate disability or would they lump it under a symptom of PTSD (to avoid pyramiding). Has anyone had the rater ask for a medical opinion/clarification from the C&P examiner and how long did that take? Thank you for reading :)