Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
Rockhound
-
Posts
922 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by Rockhound
-
-
I'm sick and tired of getting these apology letters saying they are still working on my claim and apologize for the delay. Give me a break already.
I know they are just computor generated letters, but think of the mailing cost not to mention the number of trees that are being cut down to make the paper. Even recycled paper has some new wood pulp in it and unless it says 100% recycled, then it's not.
I wonder what the VARO would do if every Veteran who has a claim that is being processed, makes a copy of everything they mail to us, take it and bundle it up and drop it off at their office and tell them to pay to have this trash picked up and dumpted or recycled.
What ever happened to the paper reduction act. LoL LoL LoL ;)
Rockhound Rider :D :D
p.s. the VARO has my E-mail, why not just send my an E-mail instead???
-
halos2: I get SSDI and a VA comp check for a 10% award, so although money is real tight, I manage OK, but I need a bit more to pay for extras like registration and insurance on my vehicle. The $250.00 will help, but it is pretty much spent already on heating fuel. If the weather keeps bownzing back and forth from cold to hot, I can't make any plans with any extra cash, I can't take any chances by turning off my heat until I am sure that my pipes are not in danger of freezing.
As far as my meds go, the Oxecodone is the only one I need to worry about and any day I would drive, I would have to stop taking it the day before, so I don't run the chances of either doazing or hanper my reaction time. I still maintain my drivers license, but I'm not dum enough to drive inpaired, my brother was hit by an impaired or drunk driver and really messed him up and he has been 100% disabled since that day, although he has managed to get married and rais four boys.
If the $250.00 comes in May, Unless my pay date is the first and not the 30th, I'll get by fine, but if I have to wait till the end of May, then I'll have a whole month to figure out how to get to town and back. It could be much longer, if my current claim is not decided in June as I and my VSO have been told.
Sorry to write so much, I guess I like to hear myself think.
Rockhound Rider B)
-
Thanks for all the thoughts and suggestions. I have my up coming CAT scan covered, The local travel office has been able to schedule my ride for that day and if push comes to shove, I have at least one friend and a neighbor that will see that I get to a grocery store.
I can only hope and prey that my current claim gets awarded, that will bring my percentage up to 30%, which will give me enough to both insure my vehicle and have enough to cover my heating costs during the winter.
It will give me the breathing room I need to remain in my home while I wait for my next claim to be decided.
The increase in my meds has helped me get back on an even keel and lessoned my anxiety level too. It's just when something changes like this, my problem with my chronic Adjustment Disorder and axiety realy kicks into over drive and realy hits me really bad.
I glad to say I am feeling much better than when things first happened and I can get back to feeling as normal as I can, given my other problems.
Rockhound Rider B)
-
Wings: Got just enough time to say, no dice with our DMV here, but I do get a bit of a brake being a Veteran, how much I am not rightly sure, but I had about forty some dollars left over from my saving I got on my home/property.
I may have to take from Peter to pay Paul, but I had better make sure I am up to date on my bills
Got to go, meds are realy kicking in and I can barely keep my eyes open and my thoughts with out loosing my place on the page.
Meds are helping, but I still worry what happens when my food runs out.
Rockhound Rider B)
-
For those that donT know my issues, my mobility is limited and when I am away from my home, I use an electric wheelchair or a mobility scooter. I live a ways from downtown and at precent, I do not drive. It being to unsafe with the medications I am on at the present time.
Whith the way the economy is right now, all services for the handicap are having to cut back on their services, The most notable have to do with my ride access to go into town ror Dr. appointment and/or grocery shopping. The company that provided rider services for the handicap have had to severely cut back on ridership in my area, my area being considered and extended area and Federal guidelines say they do not have to service more than 3/4 of a mile from the nearest city bus stop. Of course I live about 10-12 miles from the closest city bus stop.
What does that mean to me? It means that I am as near to being a shut in as I can get, since the only other service is provided by the VA Hospital Travel for local rides. The Vans are donated and the drivers are Voluntary workers. The Vans are old and break down and since the driver's are voluntary, The service isn't as the other service was, nor do they Drive out to my aread during bad weather.
I'm expecting and hoping my claim will be decided this June, according to those in the know. Should I win my claim, then I can once again be able to afford registering and insuring my vehicle, but that is two or more months away and their is no guarnty that I will win my claim.
So I have at least that amount of time, that I will have to find alternative transpertation. Luckily I do not have any appointments, that means I only have to find a ride to go grocery shopping.
I hate this feeling of being shut in and the hopelessness of my situation, thank God I was able to get an increase in my needed meds so I can at least maintain the part of my mind that keeps me from going off the deep end.
Anyone go an extra four hundred dollars lying around so I can register and pay for insurance on my vehicle? LoL
Rockhound Rider :) :) :) :) B)
-
I see that no one has answered your post. Nsaids have a side affect of causing ulcers, so I'm not sure you can claim your problem or problems because of your medication, that is unless you can show that your doctor perscribed the wrong medication, then you would file a 1151 caim for the Dr's error.
To service connect what you have, you must have evidence that proves your condition started while in the service, a history of treatment since then, that you are still having problems today and a nexus statement demonstrating the connection between then and now.
Plus, since you have already filed a claim and if the decision was more than a year ago, you will need new and material evidence to reopen the claim, if you are claiming the same thing.
Your best route to take would be to get an IMO from a Gastrointeraligist Specialist to look over your complete medical records from your inservice records till now of your problem and then have him give you a detailed opinion and including the nexus statement show that it is at least as likely as not or better, that it is more likely than not your problem had its orign in the service.
Their may be more that I have missed, but this will hopefully give you something to think about and how to get started.
Rockhound Rider :)
-
any comments or advice before the weekend?
To Late, It's after nine o'clock. The c&p exams may be just check at what percentage you should get, that is if it has been awhile since your problems have been evaluated by a C&P exam. IMHO, but I could be wrong.
Rockhound Rider :)
-
"Personality Change Due to a General Medical Condition" is used, which is coded as 310.1. This is defined as "a persistent personality disturbance that is judged to be due to the direct physiological effects of a general medical condition.
Actually I believe that I can also the code (310.9) Organic Mental Disorder, other (including Personality change due to a general medical condition)
OR
Adjustment disorder?????
This may be the Question. Adjustment disorder is in association with a trigger or stressor. If the trigger is chronic then the adjustment disorder is considered chronic. I have seen mumerous adjustment disorders due to chronic headaches service connected when the headaches were also service connected. The BVA site has many listed.
I was thinking of using the Adjustment Disorder with anxiety and mood disorder as residuals, with the trigger being the Acute Schizophrenic Episode I hope to get reinstated and SC after I show that the personality disorder diagnosis was made in error or unsupported after I show it to be the personality disorder due to Brain injury (Organic personality disorder)
It may be a question of differential diagnosis. When there are two similar explanations the shrink may have some instruction from the DSM as to which one to apply.
If the shrink wants to stick with adjustment disorder I would have the shrink explain a chronic medical conditition that is causing the adjustment disorder to be chronic. It sounds to me like the medical condition would be the residuals of the TBI.
I will indever to get my shrink to do what you have said.
I know of several veterans who had PD diagnoses changed to anxiety disorders after a review of the SMR and a opinion that the PD was not valid and service connection was awarded for the anxiety disorder. In these cases there were significant symptoms noted in the SMR. I have to wonder if there would not be an anxiety disorder due to a severe stressor such as a TBI.
If I can seperate the Axiety Disorder and combine the Mood disorder with my Chronic Depression, Dystemic Disorder and also use the Acute Schizophrenic Episode, since these problems were discussed and documented in my Medical board summery.
I have a lot on my plate and I need to figure out the proper wording in my letter of support getting the personality disorder was in error and should have been the Organic Mental Disorder, other, Due to the TBI or cerebral concussion with Frontal Lobe pathology.
Rockhound Rider :)
-
Wings: I only plan to try and SC the Axis I diagnosises and possibly us the Axis II to highlight that the personality disorder I was labled with 30+ yrs. ago is no longer a viable diagnosis, since none of my Dr's, psychologist, and psychiatrists will support and have in fact refuted it.
Most of the Axis III diagnosis and/or problems are not in consideration for SC. In fact only the chronic Sinisitis and the minor Cerebral Concussion in 1973 will be used along with the Post Traumatic Headaches, Mixed Myogenic - Vascular.
However the Chronic Sinisitis is at the Rating stage as we speak along with chronic rhynitis and two scars, claimed under painfull scars, as a result of my SC Fractured Nasal Bone and Deviated Septum, with 50% obstruction in both nasal pasages as a result of trauma.
You can say their are five conditions for which I plan to try and SC in my next claim once my current one is decided, hopefully approved or if I have to appeal the decision then my next claim will have to wait, which is sort of OK, so I can possibly aquire more evidence and better perfect the claim.
"Rockhound, I have edited below to better help me understand what you are saying. If I've made mistakes, please let me know."
Wings: You did a good job of restating my facts/ I'll probably use this format you presented with only a few additions to better identify the causal reasons for the different diagnosis and the evidence that supports them.
Rockhound Rider ;)
-
It will depend on one of two things
1. state law 2. Electric company.
I live in Georgia and couldn't get diddly from the electric company ( on oxygen 24/7)
Texas also won't give me any break....
The both said if I get a letter of medical need, that if I don't pay my bill they legally can't turn off the juice. Other than that no help.
If the power company gives you adequate warning, which is longer than normal customers, they can make a request to do so. The life line for those who need power for special equiptment does not let you not pay your bill indeffinately, it's only a safe guard that your power is not cut off without direct notification so you can have the time to make other arrangements.
But like one said, it differs from state to state and possibly even by county, since not every county in a state uses the same power Co.
At least in my area, you have to pay your bill or make some type of payment schedule, but like I said, if you can't pay, they will eventualy get legal permission to turn off your power.
Rockhound Rider ;)
-
Wings: Update on my Multi Axial Assessment;
04/09/2009 ADDENDUM Status: Completed
Note that diagnosis was missing Axis I. Diagnosis should be as follows:
DIAGNOSTIC IMPRESSION:
Axis I: 1) Personality disorder due to Brain Injury (Organic
Personality Disorder)
2) Major Depressive Disorder, Recurrent;
3) Dysthymic Disorder:
4) Adjustment Disorder with Depression and Anxiety.
Axis II: No diagnosis.
Axis III: Hypothyroidism;
Sleep Apnea, mild;
Hypertension;
Morbid Obesity;
Diabetes type II;
Osteoarthritis, (knees);
Chronic Sinusitis;
Restless Leg Syndrome;
Restrictive Lung Disease;
Minor Cerebral Concussion in 1973; and
Appendectomy – age 16.
Axis IV: Problems with finances.
Axis V: GAF = 50
The Axis I, diagnosises are the major ones that I plan to SC either by residuals of the Acute schizophrenic episode after I show that the change made back in 1974 to a personality disorder was made in error, or as secondary/residuals of the TBI showing the post Traumatic organic personality disorder should have been the correct diagnosis and leaving the Acute Schizophrenic Episode as it should have for a psychiatric disorder.
I have one psychiatrist that shows that the MMPI I had in 1973 and the more current one both showed that their was no personality disorder and she also compaired the current DSM IV and found nothing to indicate any type of personality disorder.
The most resent neuropsychological exam also indicated that their was no personality disorder and if it was in fact a personality disorder, it was a post traumatic organic personality disorder due to my TBI.
The neuropsychological exam also showed mild to moderate cognitive dysfunction in all areas, except significant executive dysfunction.
It appeared to be a good day for supporting evidence for my TBI and Psychiatric CLaims.
Any further comments or sudgestions are greatly appreciated since I am having difficulty deciding how to present this claim since both the TBI and the psychiactric problems are inexerably intwined together, it appears.
Rockhound Rider ;)
p.s. Forgot to add what the neurologist said. Post Traumatic Headaches, Mixed Myogenic - Vascular.
-
This goes to show you that when the VA makes a mistake, it's always a doozy and in a big way. I hope they do an investigation to make sure these Veteran con men/women are found out. If these Veterans lied to get the POW benefits, then I hope they make them pay every cent back.
I got more to say but I can't use the language I would want to use. *&^%&&$^%#
Rockhound Rider B)
-
Berta: I don't think my VARO knows what a CUE claim is, since they screwed up my first, accepting it as a claim to reopen. so I am going to wait until I have both my current claim and this new claim for a TBI and secondary issues, then I will persue the CUE claim since it will probably or rather most likely take a very much longer time to decide.
I don't want anything hold up the two prior claims I have mentioned.
Rockhound Rider B)
-
Tbird: It appears their is something wrong with the Disability Calculator: It just come up with the Error-Access denied.
Could you pleas check it out to see what is wrong?
Rockhound Rider B)
p.s. send me PM if you get it corrected please.
-
I am looking for your recommendations and input to my first draft of a Letter in Support for a claim I plan to submit in the near future for a TBI I suffered in a fall while in the service, non combat related, listed on my medical board summery as a minor cerebaral concussion. This brain injury has remaind denied until this time.
The following is for your perview:
Due to new findings by way of a Neuropsychological test, that show minor to moderate impairment to most areas of cognitive functioning and severe impairment to executive cognitive functioning, Veteran Rockhound Rider, SS# XXX-XX-XXX, is submitting this claim, as a result of a head injury, (TBI), that resulted in a nasal bone fracture and minor cerebral concussion, showing some degree of frontal lobe pathology.
The Nasal Bone Fracture with Deviated Septum due to Trauma, was service connected, but the Minor Cerebral Concussion (TBI) was not and has been denied each time the claim has been renewed. Now, the medical evidence and supporting history, will show that the same trauma that caused the service connected nasal bone fracture and cerebral concussion, (TBI) not only caused problems associated with Cognitive Impairment, but that it was, as likely as not, the same cause of the personality disorder, diagnosed during the C&P exam, in 1973 that the VA used to change his then current diagnosis of a psychiatiric disorder and has been used until now to deny Veterans claim for same psychiatric condition, Veteran had during service and the cause of the adjustment disorder with anxiety and mood disorder Veteran has suffered since his time in service, as well.
Veteran currently has an Axis I diagnosis of an Adjustment Disorder with Anxiety and Depression and a Major Depressive Disorder, recurrent; and Dysthymic. The evidence now supports that these conditions were directly and/or indirectly, caused by the cerebral concussion, that Veteran had while in the service and the findings of the more resent neuropsychological tests, that bear out a diagnosis of a Post Traumatic Organic Personality Disorder, as resulting from a Traumatic Brain Injury, (TBI).
The following are a current list of supporting evidence that will demonstrate that the Traumatic Brain injury had its inception, while in the service, also showing continuity, and the nexus that shows the above noted medical conditions are still ongoing, and make employment, in and by itself, an impossibility.
Your help with this is most appreciated
Rockhound Rider B)
-
I hope I am clarifying rentalguys statement. The C&P exam may only be to decide the current level of disability so they can determine the percentage the VA will rate yoggie. It's bunk and like yoggie says, even though they have enough evidence, in the records, showing his GAF level and everyone saying he is disabled by his PTSD, that he can't work, they can do it and their is not much if anything anyone can do about it, because if he fails to show up for the C&P they can deny his clay outright. Plus as it is always pointed out here. The VA denies, delays, until we die. (not the exact quote, but you get the meaning)
Rockhound Rider
:o B) -
Have you checked the schedule for your problem to see where your symptoms lie. Also have you looked at the C&P work sheet to gage what the exam will be like or to refresh your memory.
Good Luck! I go in on the 27 of april for a CT scan to check and see if all my kidney stones have passed, Ouch! LoL
Rockhound Rider B)
-
Wings: I was looking through the DSM IV for Disabilities and I believe I found the one that I should direct my claim under.
9327 Organic Mental Disorder, other (including personality change due to a general medical condition)
Now to find all the pertinent 38 CFR's to help support my claim.
Rockhound Rider B)
-
Wings: I received a call from the Psychologist Phd. and after speeking with her about my diagnosis and how it wasn't reflected in the AXIS, she stated she would write and addendum to her report to reflect opinion and diagnosis in the AXIS. It won't be until next Wednesday before I am able to get into town to see what the addendum covers, nor if she list it as an AXIS I or not. It could well end up with the number of AXIS III problems.
After some consideration, I may leave off the Adjustment Disorder and Anxiety, since I think the VA does not consider this as a chronic condition, even though I have evidence since leaving the service, that I have had problems with it and my Navy Medical Board Evaluation said that I had demostrated moderate impairment for future social and industrial adaptability, but severe impairment for future military service.
Wednesday I will know more.
Rockhound Rider B)
-
I'll have to write myself a big note to remember to ask the pyschologist to do just that.
My problem now is this. At one time my AXIS I was for an Adjustment Disorder with Anxiety, now it reads Major Depressive Disorder, Recurrent; and Dysthymic Disorder. My Adjustment Disorder with Anxiety just didn't go away and no it wasn't moved to the Axis III, which also seems to be missing a couple of other problem I have, including my Sarcoidosis.
Can you have more than one Axis I problems listed under AXIS I, I have a number of problems listed under Axis III ?
Rockhound Rider B)
-
Cowgirl: I do have Sleep Apnea, but it is considered only mild. I do however suffer from Nocturnal Hypoxia, which basically when I reach a Rim state of sleep my blood oxygen saturation levels drop below normal. It's due to a restrictive lung diesease I suffer from. I use a oxygen concentrator when I sleep to help keep my O2 sats up.
I also have to carry 02 with should I have to much physical activity, that too is related to my lung problem.
My sleep disturbances are due in part with restless leg syndrome, schizoinform dreams, and the latest being up and down every two to three hours to relieve myself because of the stent in my uriter to help me pass Kidney Stones, Ouch! LoL They got me on Oxycodone, but all it does is seem to sedate me and does little for my pain issue which are more than just the Kidney Stones.
My SO say I'm slated for a June decision on my latest claim, we'll see. Then I can formalize my TBI claim having caused a post traumatic organic personality disorder, a post traumatic organic depressive disorder, and a post traumatic adjustment disorder with anxiety and mood disorder.
They will probably combined them all together and rate them under the TBI criteria.
I've already been rated for a NSC adjustment disorder with anxiety at 50% and now I'm going to claim that as having been caused by the TBI. Their is plenty or reference material to show a strong nexus for this, so I'm not to worried about proving it.
Rockhound Rider B)
-
I have some questions to help clarify your condition:
What percentage is your disability for depression NOS? Has any Dr told you that you should not be working in your condition? If your not working or feel you should not be working in your condition can your employer help by recommending that you retire or take a leave of absence due to your medical condition interfering with your work and/or safety of yourself or fellow employees?
If you have none of the above, and feel you need to stop working, discuss this with those concerned as in your Dr's and employer, also if you haven't done so, statements as to your condition from family, friends and others as to how they view your condition may be of help.
If you can get a DR, preferably from the VA, but an IMO would be good also, to say that your high blood pressure is more likely than not because of your depression nos. Then you can probably get it SC as secondary to your Depression NOS.
Rockhound Rider.
p.s. like Pete53 said, yes you are in the right place and welcome if your new.
-
If you decide to go the DRO route, make sure you ask for a formal DRO, that way you will have or rather you can make sure that all your evidence is documented and you will have a transcript of the hearing.
If you know of a good Service Officer, they are good in helping get your paperwork done right and on time and making sure it gets to the VARO. But that's only if you get a good one, not all SO are alike or attentive to Veterans needs.
If you have a good working relationship with you IMO Dr. then you might ask if he would look over your medical history related to your claim and write an addendum to his prior opinion. You have to do things so the VARO Rater has no wiggle room.
Best of Luck.
Rockhound Rider B)
-
If they do make a decision on my claim in June, it is in line with my last claim, whcih took nine months. Don't worry, I'm not going to hold my breath or anything.
Cowgirl, my lates claim is for two painful scars, secondary to my fractured nasal bone, which are worth 10% each and also for my chronic sinusitis and rhinitis problems, secondary to the nasal bone fracture and deviated septom with 50% nasal obstruction to both nasal airways. It should be worth at least 10% also, but I'm hoping for something higher.
Thanks for the replys
Rockhound Rider :D B)
:o B)
Va Wants Evidence Of Tbi From Service Until Screening?
in VA Disability Claims Research
Posted · Edited by Rockhound
First you must show you had a head injury while in the service, then you must show at the very least, symptomology of your problems, medical records would be much better. Then you must show that you have current problems associated with your TBI, ie. Neuropsychiatric tests showing cognitive dysfunction associated with the head injury, that is to say that the person giving you the exam states that your problem is due to your post traumatic head injury, Also you may consider an MRI and a special EEG test, although these can come up showing nothing, but that doesn't mean you don't have a problem. The nexus statement from the examiner who gave you the neuropsychological test is probably your most crushal evidence and hoping it is backed by your PCP.
You say you had all the TBI tests, what where they and what were the results?
Check with the New TBI schedule for disabilities to compair your results of these tests you say you have, using the schedule and your results to justify your problems. Make sure if they do make a diagnosis of a TBI that it is noted as an Axis I Diagnosis on your DSM IV Axis Chart.
The medical evidence is crushal, you just can't say you have this or that without the medical proof or report that says you had a head injury during service.
I probably didn't do this subject justice, but I am in a similiar position that has been going on now for 30 plus years and only of recent have I been able to get the evidence I believe will prove my claim.
1. I had a psychotic episode in the service, that the VA called a personality disorder, now I have evidence that first question this diagnosis, then more evidence that states I do not have any personality disorder per the DSM manual, and then I have a psychologist Phd, that showed how a neuropsychiatric exam proved that the personality disorder was due to the TBI I had shortly after my psychotic episode and an EEG showed some abnormal frontal lobe pathology that was indicative that the personality disorder was actually a Post Traumatic Cognitive Personality Disorder or a Personality Disorder due to a medical condition and not as the C&P examiner had opinioned 30 plus years ago.
2. With the Personality disorder rebutted, the psychotic episode diagnosis should be reinstated as SC and any residuals from that SC.
It's all about how your evidence, however slight, proves that at least as likely as not, your claim should be SC.
Rockhound Rider :D