Mituna 2483

Thanks Dustoff11 for your comment. It's not fair for all Veterans go serving our country and must fight for the benefit. My former VSO only applying increasing for my tin, HRL, scarred pars tensa (otitis media) every 10 years (1999, 2009, 2019) and nothing else. How did they not know tin only have 1 rate 10%!!! How this people would help, right? I got 20% for L. knee impairment in 1975 and 10% for tin in 1979 so got 30% since 1979 and that's it...nothing more. I have DMII and filed in 2007, but VA denied denied and denied until my new wife helped me. We went to NPRC St. Louis MO in July 2019 to get the Air Force morning report giving to VA and got 20% back to 2007. She helped me climbed from 30% to 60% (DMII, cataracts) and got rate for urinary frequency, insomnia, and PVD. VA made so much mistakes with my claims. She filed June 2020 CUE for my 1979 anxiety. The RO denied not stating anything about the DSM1952/APA (VA used it for rating purpose for mental disorder) that I referred to. Then we filed appeal my CUE to the BVA, but the BVA denied with a bunch of mistakes, so we will go to the CAVC with the BVA's errors. That's why I will show that RO changed "treated for "nervousness problems" to "emotional problems" and others. The BVA play the RO's side with invalid and incorrect reasons and bases. He stated the evidence that show my anxiety symptom not in the decision at that time, it came after the denial. If so by the law at that time, RO required to reconsider the claim with that new evidence (SPRs) because my STRs were missing during that period, so the SPRs are the only evidence that supporting my claim. Why the RO did do? The BVA didn't realize this fact and law 38 CFR 3.156 (b) at that time? Again, the BVA stated RO decision prior Feb 1990 (Natali v. Principi, 375 F.3d 1375, 1380) no need to provide reasons and bases. In other words, even RO lacking of discussion, it presumptive valid.....I understand but RO avoided/ignored/not reconsidered the evidence (new service department records) that came after the denial is "violation of applicable law". And so on. This BVA gets salary $180,000 up and just working on against Veterans? Shame on them!!! They might thought they are only people have laws in their hands. The RO indicated 9400: anxiety and 9499: passive-aggressive personality disorder, passive-dependent type separately in the code sheet, but after 1979 thecode sheet showed 9400: anxiety; passive-aggressive personality disorder, passive-dependent type. They put PAPD with ANXIETY.

Thank you Dustoff 11 and john999 for your comments. I had L. knee problem in 1959 but still had good work history more than 6 years (1958-1964). I was sent to Okinawa in 1962, had venereal disease in 1962, pneumonia in 1963. In March 1965 had TDY to Ubon RTAFB but was pulled out at Tan Son Nhut AB, RVN. I was sent back&forth Tan Son Nhut-Can Tho almost a month. Then they sent me to Ubon RTAFB (small base) to work at Lion Control radar site (an isolated area). They often sprayed AO at parameters which closed to my work station, and I was exposed to it. There’s a lot stressors there, had accident Thai bus ran over both legs which worsened my L. knee that have problems since 1959 (no STRs for this treatment/was sent to Army Hos. in Korat). The pain was hurt so bad even nothing broke and starting to give me hard time. My good work history was dropped. I didn’t care for anything anymore, and had to stay on aspirin. Then had nervous breakdown and suicide attempt (OD aspirin) in Sep 1966 result in speedy discharged (art. 15). Lost rank (A1C to A2C) and lost 1 mo. pay. No STRs for this treatment, but doctor put “probable chronic PD with acute anxiety”. Psychiatrist just described me as “trouble some young man!” and diagnosed me passive-aggressive personality disorder, passive-dependent type without look into my health and good work histories. Never had mental problem, no crime history, had good family, finish high school then go for service. No physical or mental problem noted at entrance exam. He’s really a bad psychiatrist. STRs since deployed to Thailand was missing and no neither injured treatment or nervous breakdown treatment evidence only SF 88/PULHES for separation shows hearing abnormal (“H” “2”) and “Mar 66 accident” and for discharge shows psychiatric disorder (“S” “3”). Psychiatrist letter sent to Commander stated I was treated for “nervousness problems” (but I just notice the rating decision changed to “emotional problems”) and letter of my commander sent to HQ stated “He appeared extremely nervous and upset”. These are the only evidence that could prove my nervous condition incurred to me in service because knee pain (injury) and ear problems. After discharged in Nov 1966, no one told me or encouraged me to apply disability comp. with VA until I knew from friend, so I applied and was granted SC for L knee injury in 1975. Applying tinnitus, hearing loss, scarred pars tensa and nervous condition in 1979. VA granted tin, HRL and Scarred pars tensa even no diagnosis in service (1966) but denied nervous condition. I couldn’t recall why my former rep. and I not appeal so it’s final. That’s why I ask if the RO can replace “nervousness problems” with “emotional problems”? Because nervousness is specific to anxiety’s symptom but emotional is not specify. It also shows the RO tried to equate PD with my anxiety because it denied my claim on ground: It should invalid because it should deny whether the current disability is related to the in-service disease/disability/injury, not whether the current disability is related to the in-service defect because it knew PD not disability and can’t apply for benefit. The psychiatrist also did not put anxiety in diagnosis with PD. I filed CUE in June 2020 referred the DSM 1952/APA to explain the relationship because this DSM 1952/APA indicated that anxiety, which is the chief of psychoneurotic disorder superimposed upon the PD, but anxiety is not PD and anxiety is recognized by VA (in 1979) as a disability and may be SC (dc code 9400), but the RO just denied my CUE without consider this argument basis in my CUE at all.

Hi everyone, I have a question and want to hear from you guys. I just find out that the VA RO indicated the rating decision by replacing the word "nervousness problems" in the evidence with "emotional problems". I think this is invalid because it could change the outcome of my claim that the VA RO denied. Any comment and suggestion would be appreciated. Thanks.

It looks like someone changes the outcome of the decision that granted my CUE right knee to deny. Instead of sending a granted decision and provides me a retro. They hope I won't be able to see the rating code sheet. Luckily I ever found people suggest Veterans to request the rating code sheet, so I request the rating code sheet from my rep. That's why I know in sudden that someone changes the grant decision to deny because the paragraph in the rating code sheet clearly address that VA found CUE in my right knee claim that was denied in 1975, so VA corrected it and evaluated 10 % for my right knee (instability)+10 % for my right knee (flexion) with effective date 1-22-1975. I assume the person that changes the decision does not want to pay the retro.

Thank you Berta, and here it is

Thank you for your advise. I appreciate it.

Thank you for your advise. I appreciate it.

No, there's nothing change in my rating overall because I got 100% last month from my PVD. But VA should grant my CUE for my right knee with a retro payment. I assume VA avoid to do so, so it denied my CUE. However, the rating code sheet shows a grant for my CUE.

Thanks for your comment. VA just has this decision letter on 10-29-2021.

This is the decision letter from VA.

Yes, I understand the same way as you guys. VA granted my CUE for my right knee, but it indicates denial! This paragraph is from the rating code sheet not the decision letter. The decision letter indicates a denial. I post this paragraph to ask because it's a contradiction. VA thinks I won't see the rating code sheet but I see it. VA should granted me, my CUE for right knee but it states denying!!! I assume VA try to avoid to pay me, but I think VA must grant me instead of denial. I want to know if there's a way I can do. Thanks for any comment that might help. I'm very upset and depressed right now.

Hi everyone, I would like to know if this paragraph means VA granted my CUE for my right knee that it was denied in 1975. Thanks for reading.

I want to share my experience. Last time, I requested VA 1-800-827-1000 for my C&P exam (my cataracts) that I attended in October 2019 with QTC (VA contact company), and I received it a few days later without any problem and didn't need any form. It didn't have problem. If the C&P exam did at VA CBOC, it will automatic appear on my medical record (VA.gov) after 30 days. Then I had another C&P exam/DBQ for my OSA (obstructive sleep apnea) on November 11, 2020 with LHI (VA contact company), so I waited for 30 days, and I called VA 1-800-827-1000 on December 14, 2020 to request for the exam copy because the examiner was VA contact company (LHI). However, VA benefit specialist talked about privacy act request and told me that he must contact the VARO and wait for them to allow or whatever. He told me to call back the next week. Then it showed on VA.gov: Claim for freedom of information act / privacy act request updated on December 18, 2020 Status: Closed  We sent you a decision letter Submitted on: December 14, 2020 It misunderstood me that VA sent the request form to me to sign, so I waited for the form, but I received it on December 28, 2020 and it wasn't any form; it just a letter: It's nothing. I think VA just makes it harder and harder for all veterans (include me) to request our own C&P exam/DBQ. However, I was lucky because last month, I tried to look for anyone that could help with my claim, and I found a name and e-mail address from a page on facebook. I research and I found he is a Veterans Service Center Manager at the VARO of the city that I live. I sent an e-mail to him before Thanksgiving day (November 25, 2020) to ask him to help and I gave him the detail about my claim. He didn't answer me. However, on Friday November 27, 2020, I received a telephone call from the Public Contact Supervisor from my VARO, he told me that he would try to help and he was also the person that saw I called VA and requested for my C&P exam/DBQ. He said he saw something was sent out but it's not C&P exam/DBQ, so he sent the VA form 3288 to me to sign, and I sent back to him. Just take time sending e-mail back and forth with him. Finally, he sent my C&P Exam/DBQ to me by fax. Lucky I have printer that can print, copy, scan and fax. They have 28 pages. I have to thank him. He is very nice and helpful. What I try to tell you is maybe you should look for the leadership team of your VARO which depends on what city you live. They are on VA website. You just start from there, and you might get someone to help you because these people ought to help us, and it's their jobs. https://www.benefits.va.gov/benefits/offices.asp Please try it and I hope you get someone that can help you.

Thank you El Train

Thank you for your reply pacmanx1. You are correct; I have 6 disabilities and sorry about the confusing. I just really, really understand how VA's combined rating works, and I appreciate that you spend your time to answer because it's a knowledge for me.