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Rockhound

Senior Chief Petty Officer
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About Rockhound

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    Developing and presenting disability & compensation claims & ultimately winning them. One in the win collum as of Sept. 10, 2008 for increase of SC Nasal Fracture with Deviated Septum from 0% to 10% under DC 5299-6502. More yet to win.

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  • Service Connected Disability
    10%
  • Branch of Service
    Navy

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  1. Does anyone know of any program other than the VA's one time grant assistance. I don't qualify for VA assistance, since I am not 50 percent service connected as yet. I qualify for the Electric wheel chair, but it may be too wide for my existing front door way, so I may have to replace it with a wider door. It also is required by the county, to get a building permit and a legal contractor to do the work, that way if I sale my home, I won't get into any problems. I'm not home so I don't know if the question is mute or not. I'ver had to use another computor to get on line, with the rain we have had recently, their is to much line noise for my dial up to access the internet. I live in northern Nevada, and need any help or sudjestion anyone can throw my way. Rockhound Rider
  2. Addition to main topic, CFR § 4.129: My origalnal diagnosis was for an "Acute Schizophenic Episode", which precipitated me taking a hand gun and from what I was told, first I took a shot at a fellow serviceman, whose only mistake he made was checking up on me, at my appartment, when I didn't show up for duty,.which was vary uncharateristic of me, and then shoting at bothe USNV Security personel and city police in respose to my first shot. shortly after which I fell into a catatonic state, which lasted two or three days. I came back to my senses, either just before I woke up and decided I needed a shower, or after having passed out upon intering the shower stall, and falling across the isle, fracturing my nasal bone, knocking me out once again, noting later, a concusion as well. which was backed up by multiple EEG's tests, showing abnormally slow wave forms Anyways, the episode was severe enough, that I was medically discharged for it. Th Navy Dr,s even stated I was no longer fit for duty, even after the VA subsiquitly change the diagnosis to a personality disorder. I should have been able to return to active duty. but after having applied to the local National Guard, passing all ther requirments, I was turned down, not for a personality disorder, but because of the original diagnosis of an Acute Schizophrenic episode. Not even for the head injury, which could have had an affect on the personality disorder, to begin with. I have a claim for increase on my fractured nasal bone, which at the BVA now, but it is taking so long. I want to put a claim in for my head injury, so I can start the clock, but I am afraid it will slow my claim at athe BVA even more so. It's late or early depending on your mind set, reply if you can help me figure this out, or just want to give you two cents woth in. Rockhound Rider
  3. § 4.129 Mental disorders due to traumatic stress. When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted. (Authority: 38 U.S.C. 1155 ) [61 FR 52700, Oct. 8, 1996] How does one one get assigned this evaluation. It seems pretty clear. one meeting the standerds noted above, should get 50% for at the vary least, for six months or when the VA gets arround to scheduling an examination to determine whether a change in the evaluation is warranted. I need to know, any help is appreciated Rockhound rider
  4. Carlie: good to hear from you. I guess I should have gone into more detail. the highly stressful event was the mental disorder, not the concusion. The mental disorder was diagnosed as an acute schuzophrenic episode. The episode I will explain. Wile serving in the capacity as a security guard, for a Naval Hospital. I spent spent on duty, as well as off duty combined, nearly 36 hrs, before I retired to my apartment off base. Having not reported for duty after my liberty was up, which was unchacteristic of me, a fellow duty mate was dispatched to check on me at my apartment. The duty mate, unable to get any response from me at my front door, tried to make entry by way of my upstairs bedroom window, which was open. It was at this time, and I can only go by what I have be told. I began shooting at random with my personal off duty weapon. When other personel were called to the scean and made entry into my apartment, I was found in a catatonic state and unresponsive. The concusion came a few days later when, while heavily medicated on psych drugs, I apparently tried to take a shower. I passed out and fell, hiting my head on the oppisite shower stall's splash guard. It was the acute schizophrenic episode that I am claimin as the highly stressful event that was severe enough to bring about this veteran's release from active military service, The concussion came after the mental episode and what could well have caused the personality to have changed and this is what the c&P Examiner should have taken into account when he made =his diagnosis and also should have made it clear to all by giving the certification, that his diagnosis was a change in diagnosis, rather than what he stated was that at this time, he was diagnosing a personality disorder and that he could not fully support the seperate diagnosis of schizophrenia. I have taken the statement, of not fully supporting the diagnosis of the mental disorder to mean,That although he did not agree fully with the other Dr;s , he could not fully concur yet not clearly saying the diagnosis was wrong. Leaving one to believe that his diagnosis of a personality disorder was a new diagnosis and not one currecting a prior diagnosis. I leave this for further discussion. Rcokhound Rider
  5. I was reading up once again on schedule for mental disorders and I came across were if a Vet is dishcharged for mental reasons that procluded his remaining in the service, he is supposed to be rated at 50 percent untill he has a review within the proceeding 6 months. Can someone explain this to me? I was discharged due to a mental problem and instead of getting a tempory rating of 50 percent, I got nothing while my claim was being reviewed. Is this grounds for asking the VA to call a CUE on themselves for not giving me the temporary rating of 50 percent. For those who know my claim, it seems like I should have automaticaly gotting a disability rating piad from the date of discharge and until the date they declined my claim due to a change in diagnosis. Which to this day, I claim they emproperly changed the diagnosis , Not having given the proper certification by the C&P Examiner in his reason and basis and by the VA rep for not seeing that it was done. What I am say is that the c&p examiner did not give the necessary certifying stated, that his current diagnosis was being given, currecting the enitial diagnosis given while I was in the service and for which I was discharged from the service also. The c&P examiner did no testing of any sort to debunk all the tests I was given to come to my enitial head injury played, when he came about changing the initial diagnosis of a mental disorder, to that of a personality disorder. Recent testing shows that there well have been a coraltion of the head injury and his current diagnosis, that would have led to a diagnosis of a personality disorder or mental disorde due to a medical reason I'n beginning to ramble again so I;ll leave it at this, Rockhound Rider
  6. Carlie, It's so nice to hear from from you and the others, who have been an anchor to my sanity. What I thought was going to happen and what transpired were different than what I was led to believe would. Your request must be very specific or nothing but the bare necessity will be done by the VA. and even then that is questionable, I am affraid that is now abundantly clear to me. Also, I don't know is another ten percent on already ten percent is going to get a lawyer interested in a, may be winnable claim. I need, at some point, to start thinking of filing, my claim for my TBI. It has a chance at a higher percentage rate, and with my memory, even with my reminder notes, will take some doing in rounding everything up and in to claim form. My mind is not as clear or as together theses days, I've had to up, both my depression meds and the onces that keep the wolves at bay in my head, from turynig voices from annoyences, to life threatening actions. Since you have last sean me, I have had to deal with two new psychiatrist, both residances and this coming Tuesday, I will have to deal with yet another. They will be a Male and I have preferred female psychiatrist, I find them more empathetic than the male ones I have had over the years and less likely to bring out my aggressive side. I have manage to only be admitted by choice and with my resposibilities to my three Cats, I don't need to be admitted, even for a seventy two hour hold, or worse. I'm rambling as usual. I'll go for now and wait any replies for tomarrow, untill I get back from my schedules appointment with this new, once again, psychiatrist. Rockhound Rider
  7. Cooter. The ritter is Tammi, she is a three and a half yeat old rescue from our local SPCA. She is a mixed breed Tabby, with one of the breeds that oviouslyy had long ears and she doesn't like them messed with, that is unless you are like another cat and gives them a tongue washing. lol Very quite unles mad, then she louder and my two other cats. the other two are males and don't get along, Tom the reclues, is a Silver Tabby, and Rasco, the talkative one, is an Orange Tabbi. If I could afford more, I would probably remodel my home, just for them and add a room with a bath, next to the kitchen for me. LOL better go or I will just ramble on and on. Rockhound Rider
  8. Thank you Berta for answering my post, I was hoping you would. The only documentation I have is a request, written up by a previous service rep, who is now retired, but I made it verbally clear with the new service rep, that I wanted a hearing with my DRO, but I guess from the fact he was, or is, quite young and new to his post. He took over when the old service rep retired, he was at that time her assistant or clerk. If I still want to CUE and or file a grevance, can you give me the name and addresses to whom I should do this with? I did make numorus verbal inquiries about my claims progress and made it clear I wanted a hearing, I had no idea that my request was worded wrong, I thought, wrongly, that at some time, I should have gotten some notification asking if I wanted a hearing or not. but I just didn't know enough and I VSO should have helped to make my wishes clear and he didn't do it and now I am where I am. Rockhound Rider
  9. The who problem is not understand completely how to word your appeal, instead of just asking for a DRO review, you must include that you want a face to face hearing with the DRO review officer. and check with the VA in person that you expect something in writing that they understand your wishes and will comply. I made my wishes know to my Service rep and thought he understood, I should have not only put those wishes known, I should have put them in writing and requested a hearing with a date. But now it has progressed to the BVA or I would have had to start all over. I'm not aware of anyway to appeal a DRO once they have made a ruling and sent you a statement of the case and a form 9? I use a service rep because the medications and possibly psych problems make it difficult for me to do things and know that I have done everything possible before it is to late. I thought I was doing thing by constantly asking about the hearing and had had it been done right, since I had my original service officer retire, I wanted to make it clear that my new one know what my wishes were. If I can get my review re-opened I would, but after talking with the VA in person, I was told that since a decision and statement of the case have been issiew, the BVA is my only option at this time. That's why I have come back to hadit. I was hoping their might be a way to get DRO reopened and a hearing. I have another claim issue I wish to open, but I don't wish it to interfere or stop the claim at hand. Rockhound Rider
  10. What worries me is that, why didn't the VA say something to me when I signed up this past week. All I was told was that I would my temporary log on info in about 10 days and to change my secret code to something else ASAP and to put it someplace safe and where I would remember it. AT least I can come hear and know that any information that may be found to be wrong, It is corrected and made available to all to see. I've been away for a long while and I should have never left. I should have kept up to date on all the problems that others have been having, maybe I woouldn't be where I am now. Rockhound Rider
  11. I found out the hard way, on my own. The Service Rep was supposed to make sure that I got a hearing during my DRO review and they didn't. Now my claim is on its way to the BVA and another how many years beforw I get my face to face with the traveling show. What I want to know is how do I lodge a complaint against my service rep for their enneptness in handling my claim? I tried to make it clear throughout my DRO that I wanting a hearing on the matter even when my original service officer retired. Each time I checked on my claim, I wanted ot make it clear to them that I wanted a hearing to have a face to face with the DRO Officer, tto make my position and evidence clean and how the VA examiners opion is not supported. Anyway, What are my options for now? Rockhound Rider
  12. If this is the case, then it should be ok for our PC Dr's to do these same examinations also, since most C&P examines are done from a list of things to cover, that the exaiminer follows. My logic behind this that every C&P examines I have had, even I could havve cunducted, having only the training and experiance I had accrewed as a Hospital Corpsman in the Navy. If I had any question about my opinion,I could haved looked it up from any number or resources on the particular subject. Another question that I wonder about, is whether or not the Dr. gets paid for his part in the C&P eamine and opinion. If this is the case, then I would say that their saying it is to cut down the time of the claim is just a cover sceem for the VA to cut their cost down so they would have more to pay themselves by way of boneneces, and such. I believe I shot mysefl in the foot on my present claim when I told the examiner when shae asked me did I have any questions, was when I tld her I was disappointed in that I was being given an exam and opinion from a NP instead of a ENT Dr. Who I felt would have a better understanding of my claim and the several factors involved. After being denied, it became clear to me that I was correct, in fact, the NP did not have a grasp on the foundation of my claim. Is their a way to protest this rule and or get someone in authority to. I for one would care less if it took a week or two for a DR. to sign off on the exame, as long as they actually checked out the cliam and what the NP or PA are correct in their findings and opinions. Otherwise, if the Dr. are only ruberstamping everything, then saving time is fine with me, that is, so long as my PCP can make their opinion just as valid. Rockhound Rider
  13. One of my IMO' was done by a psychologist hired by the VA to do such testing, it was a referal from my PCD. Their opinion was backed by and accepted current medical studies on the subject. It supported their opinion on how it had gone undiagnosed for so long and also refered to medical findings at the time in service, how the VA mistakenly diagnosed it as a PD when it should have been looked at as a PD casused by a general medical condition. The rest of my evidence goes to show how my good service and medical and psychological testing showed no PD prior to the Medical condition, a TBI with testing that showed results to support the medical findings, also showing a history of symptoms over the ensueing years and how it had increased to the point it is now. Some of this evidence has been presented in tha past and the claim being denied. My fault for not knowing how to follow through with the claim during that time nor how to properly present it to have any affect. This evidence I speek of is personel records, personal evaluations, schools attended, GED award, and other self improvements during my time in service and before my psychological problems arose and also before the TBI occured. Plus the fact that the VA didn't look upon minor head injuries that they could not physically see the physical results of the injury, their was nothing their for them to believe you had any symptoms to fine you disabled for. Now things are a bit different and more research and studies have come about to show that even a minor TBI gone untreated can cause injury sufficient to award a disability for. I've been trying off and on for the past 30 years but have only been able to document further my illness and injury, going for what was easiest to get some award for but now I am tired of waiting for the slow pace the VA is taking on a symple claim that I have decided to formulate this more difficult claim and present it as soon as I can get something down on paper to make it clear what my claim is and what it is for. It's just that I find it very hard to idealize things in my head anymore. I found even with a symple claim, if you don't present it right, you end up waisting valuable time correcting the VA's misconception of what the claim if for and albout. Just an example, my current claim in the process was looked at as has a medical basis and it insteas should have been looked upon for what the physcal findings determined the causation. I don't know if I am making much sence right now, Add one new pill to my already bunch of pills and it takes me a bit of time to get accustom to new side affects, I sure most of those reading this will understand. It's times like this when you know the VA is going to ahd has taken advantage to deny claims and or to loose things and such, make it near imposible at times for Veterans to get an even break. Got to go Rockhound Roder
  14. I'm working on my letter in support of my claim and would like to know if anyone can help me out?<br>I know that a list or index of my evidence I plan to use is a given, but do I let the evidence speek for itself <br>or do I give my reasoning as to why it supports my claim?&nbsp;&nbsp;At present I only have a couple of IMO that are backed by testing and by observation opinions and evidence that rebutts previous reason and basis the VA used to deny the claim in the past. <br><br>Anyway, could use some help on my presentation methods.<br><br>Rockhound Rider&nbsp;&nbsp;<img src="http://www.hadit.com/forums/public/style_emoticons/default/cool.gif" class="bbc_emoticon" alt="">
  15. Having taken my share of MMPI and other similiar type psychological tests, I have found that embedded in the tests are questions that help the scorer to determine if the person is being truefull and/or deceptive in the way the questions are being answered . Being so outside the norms opinion may be their way of saying that they had problems with the way you answered your questions, that being so outside the normal way to score, they could not correlate the test scores to your given symtomology. I would ask for a retest and if possible, from a different examiner. If you cannot get a viable score or if you do not receive the same results, then I would look else where for evidence that can be scored and where a valid opinion can be given.. These tests, such as the MMPI, have been tweeked over the years and having survived the test of times, they are a good tool for determining what type of psychological probems one might have, however they are not the sole determining factor that would be used to give an opinion and/or diagnosis. To give an example, not only did I take the MMPI, I had other such tests and periods of observation that determined their opinion and diagnosis, none of which has change except in severity of my symptomology. Keep after your Psychologist or Psychiatrist for a definite opinion that would also include a supported diagnosis of your problem. If they do not help you in this, you have but one choice, but to seek an IMO elsewhere, more than likely outside the VA system and into the private sector. Good Luck, and I do mean it, getting a definite and supported psychological opinion I have found, is considerably more difficult than most medical problems, that the VA will accept for rating purposes. Rockhound Rider
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