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.

Hi, I have a question about my combined rating evaluation. I filed disabilities compensation for my insomnia secondary to my tinnitus and my OSA/Obstructive Sleep Apnea secondary to my insomnia on July 31, 2020. VA approved my insomnia 50% assigned from July 31, 2020 but denied my OSA, so my rating disabilities is up from 70% to 80%, and the rating decision indicated: 20% from Jan 22, 1975 30% from Apr 23, 1979 60% from May 31, 2007 70% from Sep 21, 2019 80% from Jul 31, 2020 (got my left knee disability 20% in 1975, got my in tinnitus 10% in 1979, got my diabetes mellitus 20% in 2007, got my cataracts 30% as diabetic complication from 2007, got my voiding dysfunction 20% as related to my diabetes mellitus in 2019 and got insomnia 50% as secondary to my tinnitus in 2020) The way I understand, VA should grant me the rating percentage from 70% to 90% instead of 80% because my insomnia was granted 50% on July 31, 2020. In the box of 70% on the Combined Rating Table, if I was granted 50% more; my combined rating would be 85%, therefore it must convert to be 90% as VA website for combing example: Examples of Combining Two Disabilities If a Veteran has a 50 percent disability and a 30 percent disability, the combined value will be found to be 65 percent, but the 65 percent must be converted to 70 percent to represent the final degree of disability. My question is I should receive the combined rating evaluation of 90% not 80%, correct? Thank you.

Thank you Buck52 and pacmanx1 In 1979, I didn't have chance to see my C&P psychiatric examination. Only received the denying from VA, and my representative didn't say anything. Result in did nothing so it's final. My fault that I never doubt in anything, I believed in everything VA told me! I never questions too. I just thought why VA granted my tinnitus 10%, hearing loss 0% and scarred par tensa (otitis media) 0%, but denied my nervous condition. I filed compensation benefits for them at the same time in 1979. If VA approved my hearing disorder, it should approve my nervous condition too because the psychiatrist conclusion as I attached here, "This patient's hearing disorder is an irritating sort of stress which increases his anxiety level and results in irritability and poor temper control". He diagnosed me with anxiety neurosis. However, VA decision denied my claim: "There is no relationship between the veteran's now present anxiety neurosis and non ratable personality disorder diagnosed during service." I just thought that the 1979 decision was wrong because instead of considering the psychiatric examination (important evidence) that my anxiety related to my hearing disorder/disabilities, but VA took PAPD/Passive Aggressive personality disorder (I was diagnosed since service in 1966) to consider and put to be a reason to deny me. I try to think and find that VA made a mistake denying my claim because it didn't consider the psychiatric examination to be part of the decision and this evidence is favorable to my anxiety claim. This is the reason that I try to file CUE for the 1979 decision that denied my anxiety. One thing, the psychiatrist didn't report or record anything about my PAPD in the exam. He didn't doubt anything about my PAPD. There's nowhere in the exam that included PAPD. Not a word. That's why it makes me think this is a fact that error. I even find in the DSMI (1952) that anxiety reaction (psychoneurotic) was superimposed upon PAPD. Anxiety is not PAPD, and anxiety is a disability by law, so VA should granted my claim instead of excuse of "There is no relationship between the veteran's now present anxiety neurosis and non ratable personality disorder diagnosed during service." If VA takes a look in the DSMI, VA should get it because VA use the DSM Manual as its guideline for rating purpose. I'm sorry to say these things that I found really upset me. I lost so much chances with my conditions for my jobs, family relationships and my self-confidence as you guys may know how each veterans experience.

Thank you for your kindly reply. I think re-open claim might be a better way because I can add new and relevant evidences and I think it still can get the benefit of doubt too. May I ask, please. Re-opened claim needs VA form 20-0995 supplemental claim, correct?

Thank you for your help. After I tried to withdrawn the supplemental claim for my anxiety because I thought it was not CUE, the public contact coach of VA called me and informed me that it's CUE not supplemental claim. He said the system didn't let him put CUE, there was no option for CUE that's why it shows as supplemental claim, so I guessed it means VA didn't withdrawn my supplemental claim. I see it's still shows on my account on VA.gov as supplemental claim, so I'm not sure it's CUE (like I want/as he informed me) or it's supplemental claim, and I also get an examination appointment with LHI (by VA) for next month. That's why it was confused. If I understand correctly, does it mean: 1. Even it's a CUE, VA still needs a form? 2. Even it's a CUE, VA still needs veterans to attend a C&P exam for reviewing if I still have anxiety before it provides a decision, correct?

Thank you for your help and reply. I filed my tinnitus, hearing loss, scarred par tensa and anxiety in 1979. I got tinnitus 10%, hearing loss 0%, scarred par tensa 0% and denied anxiety. Then I have so much trouble with my mental condition along with my stressor in life (my SC knee pain, family, job, sleep etc.), and it led me to attempt suicide few times. In and out hospitals, and I went to see several psychiatrists. I filed MDD in 1993, but VA denied. I'm going to take MDD back too. Mine is a long story with suffering health issues and circumstance in life! However, I have my current wife helps me with my claim. That's why I wanna fight again after I gave up with my claims. My wife passed away (lung cancer) in May 2004, and I remarried in September 2005. I got 30% (knee 20%+tinnitus10%) since 1979, and I never get anything with my former representative until my current wife persuades me to fight by ourselves. Start with request C-files, read and learn all 2.406 pages (C-files), do researches and finally, she helped me to go get the AF 183/morning report for my diabetes mellitus( proof of RVN service), so I got 20% for DMII. Then I filed for my cataracts and VA approved last year (2019) 30%. Also filed for Urinary frequency at the beginning of this year (2020), and I got it 20%. She said she wants justice for me and I should get the benefits that caused from my health conditions since service. Now, I'm waiting for my insomnia and OSA. Sorry to tell you this, but just want to tell you that it's hard to get help with VA claims. Thank you for giving me good knowledge and good idea.

Thank you for your help. This is the psychiatric examination in 1979. I think it was clear that I already have anxiety and it worsening because of my hearing disorder/hearing problem (my tinnitus and hearing loss) as the psychiatrist indicated, "This patient's hearing disorder is an irritating sort of stress which increases his anxiety level and results in irritability and poor temper control." VA granted my tinnitus 10% and hearing loss 0% the same time, same year (1979) but denied my nervous condition.

This happened to my diabetes mellitus claim that I filed since 2007. VA denied it and it just back and forth between VA and my former representative until I tried to look at it seriously myself for months since 2018 to 2019 before I found that there was only one way to win my claim; I had to go to NPRC in St. Louis, MO to get the AF 183/morning report. I went there and got it and submit to VA. Fortunately, the AF 183/morning report was there because I have nothing to proof I was in RVN. Anyway, the VARO didn't approve the effective date back to 2007, but I had to ask and VA found that my AF 183/morning report must count as new evidence (§ 3.156). Therefore, I received the effective date of my original claim (May 2007).

Thank you for your help. I appreciate and thank you so much for your advise and reply. However, the psychiatric examination dated 10-17-1979 that I just see, is not a new evidence because it was in my C-files (2,406 pages) that I received in February 2019. I took time to read and learn for year. I have to read them again and again to understand the reason why VA denied my nervous condition. Then do a lot of researches until I think VA just missed or ignored this evidence which VA had it all the time and it was in my claim; it was there all of this time. I was misunderstood by VA denying my claim as "There is no relationship between the veteran's now present anxiety neurosis and the non ratable personality disorder diagnosed during service." There was no where in the decision that had a word about what the psychiatrist found and diagnosed me with anxiety neurosis. VA didn't consider this evidence to my claim especially, the psychiatrist didn't indicate anything about PAPD; he didn't report about PAPD in the exam. I ever looked in the discussions about CUE here in this community. Most of CUE claims are about VA missed or overlooked the important evidences in the claim to favorable to the veterans' claim, so VA made mistakes to deny those claim. I ever read "The power of 38 CFR 4.6" which I thought it applied to my nervous condition or anxiety neurosis. I just think VA might made the mistake on purpose. I also read from somewhere if VA find there's error in the claim, it would approved the claim without any C&P exam because VA has to treat the claim as an original claim because it's not a reopen and not an appeal. That's why I felt like VA treats my claim as supplemental claim/appeal more than CUE like VA people told me because they address a C&P exam for my anxiety. I have no idea why VA didn't tell me the truth. You are correct that I don't want to lose the effective date because I should get it since 1979. My life might be better than what I am now. Hope you understand, but I might be wrong.

Hello, I am new here. I read many answers and discussions from a lot of nice people here that help the others. I accept that I have to bother nice people here for my CUE/Clear and Unmistakable Error. My former representative didn't care anything; they just request VA to increase my SC knee disability (20%) and SC hearing loss (0%) every ten years but nothing...VA kept denied. That's why I try to do the research and learn by myself. I'm a veteran who served during1958-1966, and I was speedy discharge in 1966 at Ubon Base, Thailand with PAPD/Passive Aggressive personality disorder which I have no idea what it was. When I come back to civilian life, I have trouble with my ears, my knee and my mental condition. I didn't even know I can file for compensation benefit until 1975, one of my co-worker at work told me, so I applied for my knee which hurt from an accident during my service in Ubon, Thailand. I got 20%. Then in 1979, I filed VA benefits for the problems from my ears and nervous condition. VA approved my tinnitus 10%, hearing loss 0%, scarred pars tensa 0% and denied my nervous condition. I didn't appeal so it was final. I have 30 % since then. In February 2019, I received my own C-files that request from VA, and I just saw the VARO made a mistake on the decision in 1979 for my nervous condition; it missed the important evidence favorable to my claim (the psychiatric examination). It was very clear that my anxiety is related to my tinnitus and hearing loss as the psychiatrist indicated, "This patient's hearing disorder is an irritating sort of stress which increases his anxiety level and results in irritability and poor temper control." However, the VA decision didn't have any part of this exam result in the consideration; it denied my claim with "There is no relationship between the veteran's now present anxiety neurosis and the non ratable personality disorder diagnosed during service." That's why I filed CUE/Clear and Unmistakable Error for my nervous condition or anxiety neurosis in June 2020, but VA closed it because it told me that it needed VA form 20-0995 Supplemental Claim, but I didn't send because I told VA that I want to allegation CUE not appeal, not reopen. In August 2020, I called VA and VSO to be sure that CUE doesn't need any form but only submit a letter with VA 21-4138 Statement to Support the Claim, and I submit them for CUE to VA again. However, VA said it still needed the VA Form 20-0995 Supplemental Claim to begin my CUE. The VA benefit specialist said it needed the form because VA didn't know what I want them to do with my claim. I believed her so I hurried to submit the VA Form 20-0995 Supplemental Claim by fax on the same day to VA. I keep checking my CUE on VA.gov but it shows "Supplemental Claim" instead of CUE! I tried to call VA many times and I sent two inquiries to VA, but I got nothing because they couldn't answer about what happened, why it was Supplemental Claim not CUE. They told me that the VARO would call me but there was no one call. I decided to withdrawn it so I faxed my request to withdrawn the supplemental claim but it still shows on VA.gov as Supplemental Claim. I tried to withdrawn for 2 months until my wife got one person name with e-mail address, so we sent an e-mail to ask for help withdrawing and explain everything to him. Two days later, I got a phone call from VARO, and he told me that my claim was CUE. He told me that the system would not let it put CUE, so it shows as supplemental claim and he said I might need to attend an exam so VA could rate % for my benefit. He told me not to worry, and he also gave me his telephone number at the VARO with extension. He also said he will call me the week later or I can call him, no need to wait for him to call! Then I received two e-mails from VA secure center with the same information: "I would like to apologize for the misinformation that you may have received. A supplemental claim, is a claim that is submitted, if you have a new and relevant evidence in support of your claim. If you believe that a mistake was made on the prior claim, you can request a higher level review, which is VA form 20-0996. With a higher level review, a senior rater will look over your case to see if any mistakes were made or to see if they come up with a different opinion, based on the evidence at the time the claim was worked. With a higher level review, you cannot submit new evidence in support of the claim. We did receive your request to withdraw your supplemental claim and followed up with a request to do so on 10/22/2020. When we submit a service request, we do have to allow the regional office 30 days to take the action. The request to withdraw your claim was escalated further (via inquiry) on 11/24/2020 and you should receive a call by telephone, when the inquiry is resolved. Initially the inquiry was not assigned to the regional office to be resolved, but it has been as of today." A couple days ago, I also received a call and an e-mail for an appointment to anxiety examination, so I tried to call the man at VARO that gave me his number and extension many times, but he never picked up the phone and never called me back. I am very confused and very disappointed. I just want to ask anyone here who can help me; I would appreciate it. I want to know that VA gave me wrong information (didn't tell me the truth for some reason), correct? How to withdrawn this supplemental claim? Because I already submit the request, but VA didn't drop it. One more question, please, if I want to allegation CUE, it only needs a letter (only a letter) to ask the VARO to revise the decision in 1979 and explain to VA what is the error in the decision, and not attach any paper or any copy, correct? Thank you very much for your time.