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Rockhound
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Posts posted by Rockhound
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Hoppy: Keep us posted on what you find out and how things ended up. You know that I have had similiar problems with the VARO not providing me with a C&P exam in regards to my Schizophrenia claim and the personality disorder they used, they said to correct it.
I am sure that the reason that they do not want to give a current C&P exam, is that they would then have to use the current DSM IV criteria to diagnose his current and previous symptoms. Seeing that a psychiatrist has compaired his symptoms from his records and that he meets the criteria for a panic disorder just go to show that the VARO will do just about anything to keep a Veteran from receiving what is due him and this is a great example of it.
It's going to be interesting when I present my newest claim, because it will rebutt the personality disorder, showing instead that I had a post traumatice organic personality disorder, which should have been rated under Personality change, due to a medical condition.
Rebutting the personality disorder leaves the question, how do they, the VA, plan to rate my schizophrenia I had in-service, that crops it's ugly head up, every now and again.
Rockhound Rider :)
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Looking over my DD214 I noticed that box #23 for "Servicemen's Group Life Insurance Coverage," was checked off for $15,000.00.
(1) Did this mean I was covered for $15,000.00 during my time in service? or
(2) Does it mean that I have a prepaid group life insurance, that will pay out upon my death?
I'm wondering about it, since the DD214 isn't typed up except upon your dischargee from the service, so I am just interested at some time I had selected or the Navy did, signing me up for this group life insurance.
Rockhound Rider
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Ditto on not throwing away any paper that might reflect on your inservice illness or injury. But remember this, the VA can ignore any evidence you present and get away with it only if you give up on your claim.
I have on my medical evaluation summery for which my medical discharge was based on several items referencing how my illness occured, the most notable was DNEPTE (disease not evident prior to enlistment) But as you guessed it, this was completely ignored by the VARO Rater and had I known what I do now, I would have never given up on my own claim and I would have made sure that I not only got ongoing medical care, but did what I could documenting every little thing.
Rockhound Rider
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I'm still a bit confused on this issue. When you say they are rendering a rating decision, do you mean it has been approved and they are rating the percentage of the disability award? or is it just when they type up the final draft of the decision to then be sent out?
Where was the claim at, that it then had to be returned to the rating board?
Rockhound Rider
:D The "rating board" is the final phase of adjudication, the rendering of a rating Decision. ~Wings -
Bump: Would like more input than just one. Any discussion with your logic would be most appreciated.
Rockhound Rider :D
RockIMHO file two claims, not one. Reason: If EITHER rules in your favor, you win.
I like to set yourself up for success, so try to think of a way to "divide" your issues, in such a way that
you win if you win EITHER claim.
Its like playing poker..if you get dealt a very Bad hand, then ask for a "new deal"..you may get a better one.
Remember, that even if you get one of your claims denied, the dealer will have to show his cards,(Reasons for decision) so you will know what to play the next round. Those "reasons for decisions" may just help you out in winning your second claim.
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Bump: I want to keep this in the for front, hoping for input.
Recently I sent an inquiry via "IRIS" some what complaining about the number of Notice Letters saying how sorry they were for the delay. I asked how many more of these letters can I expect? Their reply was that they did not know or could tell.However they did make one comment that I do not know what to make of it and thought someone might have had a similiar thing happen to them. This is what they told me:
"Your claim was returned to the rating board on April 27, 2009."
What would be some of the reasons, that it was returned to the rating board? When last I heard, it was in the decision faze of the process.
Rockhound Rider :D
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Pete53: Don't you mean "Rock"? LoL :D
:D B) Sometimes my fingers don't quite hit the right letter either or maybe your fingers are dyslexic.Happens all the time, Rick gave you good advice -
JayBrown1: If you have a VSO helping you, you have three ways to handle this situation.
1. Have the VSO resend the information
2. Resend the information cirtified, return signed recept with tracking
3. Take the information in yourself to the VARO and ask for a supervisor to date stamp and sign a copy for your files.
Of course you could try calling them on their loosing your information and threaten to report them to the VA OIG for them loosing your information, but then again if you make to much waves, they might just stick your claim on the bottom of the pile and let it sit, to get back at you for making them look like idiots and don't know how to keep track of what's in your C-File.
Sorry for being sinicle, I couldn't help it. best to start by trying one of the three suggestions and hope they don't loose it again.
Rockhound Rider
p.s. You could try a messanger service if you can't get into the VARO yourself and can afford their service.
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Anybody else want to post their opinion? If I submit two seperate claims, wouldn't this slow the claims process down as my C-File is sent back and forth to two different Raters? If I wait till one is decided, and they deny it, then I have to spend time NOD'ing it and possibly a DRO hearing, or going onto the BVA. All the while the second claim waits to be filed so it doesn't slow down the first one.
It seems more productive to submit them together and show how one, if approved affects the other one. As far as I can tell, in order for the evidence to help in the second claim, the first has to be approved. Comfusing isn't it.
Rockhound Rider :D
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Recently I sent an inquiry via "IRIS" some what complaining about the number of Notice Letters saying how sorry they were for the delay. I asked how many more of these letters can I expect? Their reply was that they did not know or could tell.
However they did make one comment that I do not know what to make of it and thought someone might have had a similiar thing happen to them. This is what they told me:
"Your claim was returned to the rating board on April 27, 2009."
What would be some of the reasons, that it was returned to the rating board? When last I heard, it was in the decision faze of the process.
Rockhound Rider :D
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Currently I am working on a claim for submission, however, it appears that the two claims may be so inextricably intertwind that I can not submit one with the other. One claim is to SC a cerebral concussion/TBI and it's residuals, but by doing so it would rebutt a previous decision where by the VA used PD diagnosis to find a previous psychiactric disorder diagnosis in error and replacing with the PD and then denying the claim.
This involves either the VA calling cue on themselves, which I don't believe they will do, or for me to pursue the error myself. This error occured back in 1974 and I do not want to possibly mess with anything that would be in the way of an EED on the psychiatric disorder.
To present the SC of the cerebral concussion/TBI and its residuals, there appears to be no way not to bring attention to the prior error. This brings me to my question, "do I submit them both in the same claim or do I seperate the error part in a CUE claim, for which I can not use any of the current evidence without loosing the EED, but in the same turn, I might loose the CUE claim with the evidence I had back in 1974.
Your help, suggestions, and comments are appreciated.
Rockhound Rider
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I also tried the link and my virus program flagged it as a supicious download. If you downloaded this attachment, you may want to run your virus scan just to be safe. I'm not saying it is a bad sight, just that it showed up for me as supicious.
I too would like to know if this problem exists and who might be affected by it.
Rockhound Rider
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Rock, is what Wings posted true? Not sure, they severed your 1974 psych disability? but if I left the Navy with a diagnosis and it was given a 0%, then yes they did. Well now its seems like you have a 'firm' diagnosis for treatment and compensation. I am so glad you are here at Hadit, plugging along to get whats due, even overdue for all those years.
Don't recall if you have a vso helping. Whats their understanding for a CUE? for the record, when I mentioned CUE at vso's office, everything went stone silent. (DITTO!) Instead of Cue, went for increase with eed; that worked. Even the people at the VARO look at you funny, you can just see the wheels turning in their heads wondering what you mean. LoL
Cowgirl, I started anew with my claim actions in 2004, first thing I did was apply for a NSC pension so I would have some money coming in, then I applied for SSDI and got that. I couldn't get anywhere with my major claim, so I went for the easiest, Fractured Nasal bone with Deviated Septum due to Trauma, worth only 10%, but it gave me some breathing room, now I'm waiting on a claim for secondary problems due to the fractured nasal bone award. If that is approved, then It will either bring me up to 20% or 30% each condition I claim has a self limit of 10% each, so if I only get one, that gets me to 20%, but if I get the other two, it will bring the total in VA math to 30%, which gives me enough to make it through the winters here without going into debt each time.
Once this claim is in the bag, I can get down to the major claim with my new evidence and hopefully, when it is approved, I'll be able to go for at the very least, TDIU.
I'm not counting any apples yet, just showing how if you pick at the VA, you will eventually get their.
Rockhound Rider
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How would you classify "if veteran had a "PD" it was most likely a post traumatic cognitive PD, caused by his injury in 19xx, while in the service?
Rockhound Rider
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Wings: LoL
Your preaching to the chior of one, me. I've been saying this ever since I came on line with hadit. I've always had the problem with rebutting the personality disorder that the VA Rater used as an alternative/correction of the psychiatric disorder. Now with this new evidence, I'll be able to finally rebutt those findings, which had no evidence to support it in the first place, but you know the VA, deny, deny until you die.Rockhound Rider
I believe that, the 1974 VA Adjudication of his Claim for a psychiatric disability which severed his 0% service-connection was CUE. ~WingsOnce service connection has been granted, the award of service connection will be severed only where evidence establishes that the original grant of service connection was clearly and unmistakably erroneous, and only after certain procedural safeguards have been met (38 CFR 3.105(d)).
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Rock, did the VA doc diagnose you with "a post traumatic cognitive personality disorder CYES) or rather DSM IV (DC) 310.1 Personality Change Due to a General Medical Condition, as a result of the cerebral concussion with frontal lobe involvement." (ths is the DC that would be used to file a claim under)Sounds like you have a clear diagnostic statement and a medical provider that supports you.
If so, does it state a nexus for service connection? (YES) I don't recall if you have sc for this diagnosed condition yet. (this is very recent findings, based on the Neuropsychological tests I took and with the Neurologist concuring more or less to the diagnosis, plus a prior Psychiatrist did a survey and stated that I did not meet any diagnostic criteria for a personality disorder per the DSM)
What you posted seems clear and wfm. If you are service connected for pd, it may be that you can apply for an increase based upon what seems like a corrected diagnosis and request earlier effective date for the same. Also, it would help alot if DSM in effect at that time reads similar for the diagnosis. Just thinking that the first part of that diagnosis ties directly into what PD stands for, imho.
Best to ya, and yer cat!
Cowgirl'up2009
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I'm glad for all of you who have been labled by the VA with Personality Disorders and having them corrected, however: I believe I have been able to pass (1)(3)(4) prongs of CUE, it is number (2) in that the results would have been manifestly different but for the error. I feel at this point had they properly SC'd the Acute Schizophrenia episode and then taken into account the moderate impairment to social and industrial addaptability, then this would have manifestly changed the results. Noting how they made the error is the easy part.
I am looking for feed back, if the moderate impairment of social and industrial adaptability, enough to show how the claim would have been manifestly changed had it not been for the error?
(1)CUE is a very specific and rare kind of error. It is the
kind of error, of fact or law, that when called to the
attention of later reviewers compels the conclusion, to which
reasonable minds could not differ, (2)that the result would have
been manifestly different but for the error. (3)Generally,
either the correct facts, as they were known at the time,
were not before the Board, (4)or the statutory and regulatory
provisions extant at the time were incorrectly applied. 38
C.F.R. § 20.1403(a) (2008). See also Fugo v. Brown, 6 Vet.
App. 40, 43 (1993).
Rockhound Rider
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As more than some of you know, I have been kicking around the idea that the personality disorder, inadequate type I was saddled with in 1974 by a C&P examiner and wrongfully used as a alternative diagnosis to a psychotic episode I had while in the service, by a VARO Ratings Officer.
Now, nearly 35 yrs later, I have finally been diagnosed with a post traumatic cognitive personality disorder or rather DSM IV (DC) 310.1 Personality Change Due to a General Medical Condition, as a result of the cerebral concussion with frontal lobe involvement.
This new News comes way to late for an EED I believe, since I can't use it to claim an error in 1974, but it does help me now to finally rebutt the prior diagnosis of the personality disorder, inadequate type.
My question is, the psychotic episode in 1974 was diagnosed as an Acute Schizophrenic Episode, in remission, demonstrating moderate impairment to social and industrial adaptability. It is apparent from the records that the residuals demonstrated were never considered in lue of the wrongful diagnosis of the personality disorder. Can this be the last prong of a CUE claim showing how I was monitarily deprived of VA benefits and compensation?
I'm as sure as I can be that I can show the other parts of CUE. This last part has had me in a quandry for some time now. Not that it helps my CUE claim any but the revisions over the years for the DSM has DSM IV (DC) 9205 as Schizophreia, Residual Type, Other and Unspecified Types as per 38 CFR 4.130 Schedule of Ratings-Mental Disorders.
Rockhound Rider
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Allan The wording of this section may be correct, but I do believe that the monitary rates are last years numbers. My 10% is worth $123.00 and the other percentages are higher by as much or more. Just thought I would say something for those new to compensation amounts.
Rockhound Rider
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Berta: You have given me faith and the will to continue until the last claim is laid to rest in the win colum or my cold body is lit on fire and the ashes scattered. I would ask that they be scattered on the doorsteps of my local VARO, but that might get someone in trouble.
Any way, you showed them they tried to push a widow around and lost, if they could only learn from their mistakes. LoL
It's people like you that make waking up in the morning every day worth while.
Luv Ya Girl
Rockhound Rider ;) :) B)
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Thanks Rock, I'll see what i can find for medical records. I was in an explosion in iraq and have the treatment records. I have SC for tension headaches and have numerous medical records for headaches, etc. I was referred last year to the TBI screening because of the explosion and after all the tests they said my memory was all jacked and diagnosed with Cognitive disorder NOS. The Dr wrote it was from residual of TBI ,so i would think that covers the evidence of memory and cognitive impairment from testing. But then they asked for evidence from time of service until the tests. I was just a little confused as to what to send them. I have complained about a lot of the subjective symptoms over the past 4 years, headaches, sleep disorder, etc, and realized I had some issues but thought it was PTSD. then I fail this test, meet the neuro Physic Dr and realized it is all related to TBI. But I don't have any records directly related to TBI because I didn't know anything about it. Oh well, I will send what i have and see what they say
Check to see if your Neurologist would look over your past medical records, also any non VA medical records to see if he will write you an opinion as to whether or not those problems are as likely as not related to or the result of your TBI. Make sure the VA knows what records are being reviewed and supply them with any records that are not in or a part of your C-File.
Rockhound Rider :D
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livingrock21: Check out the following to find your particular C&P exam worksheet.
http://www.vba.va.gov/bln/21/Benefits/exams/index.htm
Should give some idea what your exam will be like.
Rockhound Rider :D
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Dropped in to see my AMVET Rep, to see if she has heard anything, but not go or not yet, but she knows me pretty well by now and how I present my claims in an orderly way, despite my problems. She mentioned I should check with the Rehabilitation Dept at the VARO and get evaluated as to what type of work I may be suited for. If I met certain standards she told me I might make an application with one of the VSO orginizations that might have opening for a SO. telling that although their were no opening in the AMVET office here, the State VSO currently has one and so might the other VSO orginizations and if I could manage through the training, I might eventually make a fiar VSO. Go figure!
I hadn't thought of such a job, since I feel I have a lot yet to learn and I don't know how the pressure of the job would effect me. Also I don't want to loose my SSDI benefit by being found able to work after taking such a job.
Does anyone know how this type of job would affect SSDI or maybe TDIU? It might be worth a shot, what do all you think?
Rockhound Rider ;) :D
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P.S. Signal6: I reread your post. My ming isn't working like it should, went into town today and I must be tired.
Send them 1. evidence of your TBI while in the service, find all related medical records, buddy statements from friends and family who whave witnessed your problems and how the manifest theselves. If you have had reports generated by the TBI tests you took, send those two. but most of all, you need the nexus statement that says the problems you have been having since your TBI are the same or as a result of the TBI you had in service.
Sorry, I tend to rant, I just hope I am making sence and it is of some help to you
Rockhound Rider :D
:o
Good Old Fashioned Screw Job
in VA Disability Claims Research
Posted
Hoppy: I am overjoyed that your research was fruitfull in that you found a copy of the DSMII. I on the other hand have been unable to find a copy of the DSM I or even a DSM II. I am trying to find any information that relates to the type of PD I was saddled with in 1974 as I believe you know well my problem.
Currently I am dealing with a transportation issue, because of the current cut backs in funding for my ride due to the present economical shortfall our state, county and city is experiencing.
I may end up having to find a used copy to buy if my search at UNR medical library doesn't yield anything. If you happen to have come across a DSM I and a DSM II that is for sale, could you or anyone else let me know? A personal message would be fine.
My current train of thought is that a PD is a developmental problem and their for the diagnosis should have been based on a persons personal and personnel records, and since they were not consulted or even provided in the C&P examiners opinion, then their could not have been a proper diagnosis in the first place, also the use of the broad statement "on the basis of the history" does not give anyone a clear idea what in the history was so compelling that the rater and the examiner were able to agree that the PD diagnosis was not only the right one, but a correction of the prior psychiatric diagnosis.
Sorry, I'm just ragging a bit. Everytime I hear or read about a PD being given to a Veteran it sets of bells in my head and I think of all the time that has gone by, having been labled with a PD diagnosis as well.
Rockhound Rider :D B)