tom91

In researching my question on rating criteria for vets in order to retain their ID card and associated privileges, I found a number of references to a bill proposed last year on expanding access to PX/Comm to all disabled veterans regardless of his/her rating %. It appears it has been proposed in additional bills as well by other Congressmen. The status of bill is that it was sent to the commission on vet's affairs. I sent a number of notes to all my Senators and Congressmen yesterday encouraging them to push forward with this bill. I pointed out that given the fact we continue to increase the # of disabled veterans and given our obligation to them, we owe it to them to pass this bill. The only cost to the gov would be facilitation of producing the cards. I went out to point out that given the state of our economy, what better time for this to be implemented. I'm fairly new to this site so this may be old news;however, what better time for us to push forward and get their attention.

Forgot to make mention that I located the information on what a soldier receives currently if they are discharged medically. It seems to remain the same as what I recall from 91. The ID card is not something temporary if you get 30%+. I also received an ID temporarily for 2 years since I got out @20%...................... Info is located under ARMYBenefits.com

Just to clarify further on my question.... If the VA determines I should have been MEB @30% and therefore, should have received additional privileges at that time (such as ID), do they do anything retro about that? Although my case is still remains outstanding, this may be the case with me. Seems unfair to us all if the government doesn't make it all right when an error occurs that is beyond our control. Yeah they pay backpay but what about the other items?

According to the VA website, a vet must be rated 100% in order to obtain an ID card for PX privileges; however, it seems when I was discharged for disabilities in 1991, the army would base it upon 30%+. Does anyone have any further information? Also, if my claim is approved and found to be an error back to 1991, it would have been a 30% rating at that time. If I'm correct on ID priv @30%+, will they honor that privilege now or deny it since the VA guidelines is 100%. It by all means is not the first priority with this claim but certainly curious.

The original claim in 1991, immediately following my discharge earlier the same yr, states "sc for hearing loss must be disallowed as the vet's hearing is shown to be within normal limits, for which sc can be established." I filed claims again in 2001,2003, and this year. The discharge exam in 1991 has audio results that show significant changes in the 6000 range which is where high pitch range defiencies will show; however, the military and VA only base their sc on 1000-4000. The audio tests was supported by an attached medical record by the military dr. that included the reference 'soldier appears to have hearing loss and requires further evaluation'. In the previous claims, the record with the reference was not provided by me in the claim as I did not obtain it until this yr. This is two items that remain outstanding within the original claim filed in 2008. The response I received was 'the audio eval provided evidence of bilaterl mild sensorineural hearing loss with speech recognition scores which meet VA's criteria regarding impaired hearing. We are deferring rendering a decision on sc pending outcome of a VA exam to establish link between loss and mil sv'. Of course, that exam has since been done and I'm awaiting the outcome. Even the 1999 exam performed by the VA for my claim at that time states 'slight hearing loss at 4000 in rt ear.....patient has essentially normal hrg bilat except for mild loss at 4000 in rt ear.' Yet I was denied at that time. There is reference by an outside dr in my claim of 2001 that my hearing loss can be worsened by noise and that I worked in a high noise environment. The VA of course leveraged that against me but in the 2008 claim, I further provided letters to support that our facility is approved within OSHA guidelines and does not require a hearing conservation program. Not sure just how this will pan out but very anxious to get it.

If I'm reading the one paragraph on the site that I find re: newly discovered SMR's, I'm confused. My interpretation is that they go back to the effective date of claim if I did not furnish sufficient evidence with claim. Sufficient evidence appears to mean enough information for them to be able to obtain my records not necessarily that I did not furnish them the actual record with the information. And if they overlooked the information when my records were obtained and now I have pointed it out to them, they would then go back to the initial date of error (or injury) but is on a case by case situation. Is that correct?

This wasn't submitted as a CUE claim; however, the issue does date back to 91 when I was dismissed from the military due to other disabilities. There is record of the military dr stating 'this soldier displays hearing loss and needs further evaluation' yet it never occurred. I have submitted claims 2-3 times over the past 17 years and was denied but I never appealed. This particular claim I did extensive research and provided documentation from my military records and subsequent dr's audiology tests that show I have tinnitus and hearing loss. The last exam I had before I submitted the claim goes on to say that my hearing loss/tinn was obviously due to loud exposure in the army given my job assignment. Since they referrenced legal, I can't help but be curious as to whether this is because they want to make sure they're covered in denying me again or if in fact it boils down to a CUE claim.

I've been following up on my claim related to hearing. They shared with me this week that the lawyers/legal group is reviewing the rating. On my previous claims, they informed me at one point that the claim was sent to the rating board and later the approval board. What does it mean by the legal area reviewing the rating? Is that what they mean by the rating board or ...?? Anybody experienced this?

Just got my VA medical records. I've been 'diagnosed' as bi-polar since 1998, don't recall if that was by my civilian psych or VA (wasn't in my records). I have copies of seeing them as far back as 1994 with notes that included dreams that someone had shot off my legs, anger episodes, depression, inability to sleep, etc. I have 3 seperate questionnaires in the packet that included, among other topics, specific PTSD questions. The first I responded to all 4 questions as yes and was scored as positive. THe second shows I stated no and was scored negative. The third I responded yes again to all 4 but the score was not included on the printout, although it would also be positive. I've never had an official 'test' to confirm bi-polar. Do you think I have a case to file for PTSD?

I received approval for an increase to my disability last month. In speaking with the VA, they had dropped off my records all of my dependants. I completed the form (don't recall the #) and provided both divorce decree, marriage & birth certificates. I keep following up with them to make sure it gets updated so I get paid correctly ongoing and paid the amount of difference for back pay. SOmeone at the VA told me today that it was received, didn't show the need for additional information but would not be processed until my outstanding disability claim for increase was finalized (it's left over from my other claim that was approved). Does that sound right to you? Seems they shouldn't delay it for that reason, especially since they're the ones that omitted it from my records for some reason.

Stillhere - Thanks for the feedback and wish you luck! I'm going to look really stupid but I'm not sure of what your reference to c-file is...? I have my medical records as well as my DD214.

Anybody know the answer to my previous question re; paragraph related to Gulf War vets? Looks like I can make a claim whether or not there is anything to support it in my files...?

Just came across the below paragraph in the VA handbook - Gulf War Vets: may receive disability comp for chronic disabilities from undiagnosed illnesses......undiagnosed illness must have appeared during act svc in Sthwst Asia Tht of Op during Gulf War or to a degree of atleast 10% at any time since through 12/31/11. Examples include.....neuropsychological systems, sleep disturbances, etc. The two examples above I have. Am I understanding this to mean that even if it was not in my files, it can be claimed at this time?

william - your claim is outstanding?

Berta - I've printed off the SF 180. What exactly do I need to say on it that you referenced below?

I don't have copies of my medical records for the time periods the VA has treated me, nor those of my private psychiatrist I was seeing. All they have indicated to me was bi-polar. The VA dr. has said that I have all the symptoms of PTSD but because I 'ramble' when I talk, it would be considered bipolar vs. PTSD.

Do you think the fact that VA has treated me since 1994, only three years following discharge, play a factor? Maybe promising? What led to me going at that time was thoughts of suicide. Further, I've been treated consistently since then.

In response to the last couple of replies.... 1)I currently take depakote (for anger mgmt, panic attacks, & bi-polar),clonazepam (for panic attacks, manic episodes, anxiety), zolof (depression), risperidone (psychotic disorders/bipolar, treatment resistent depression), and ambien (insomnia). 2) Been to civillian psychiatrists a number of times but it has been a couple of years. Currently seen at VA. They were to have gotten copies of my records. 3) I double checked my SMR's and there is nothing referenced in it regarding psychiatric treatment. The discharge exam report lists a number of conditions, to include psychiatric and it was checked off 'normal' by the medical doctor examining me. I do recall seeing a psychiatrist once during service to discuss depression and anger (with reactions to hurt others in my defense). It's not in my records that I obtained from the VA; therefore, not sure of where it went to. The psych just said you 'need to divorce your wife' after the discussion progressed. 4) There would multiple incidents that should be recorded in my personnel files that relate to me 'going off...losing my temper'. Such incidents include throwing my coffee mug across the room just because someone put something in my coffee as a joke. Another incident that would be during Gulf War, is putting a knife to a guy's throat because he was standing over me in my sleep and when I awoke, that was my reaction. I continue to be 'jumpy', in the fact that I will swing at people if that come up on me. 5) As for my tenure in the Gulf War, I experienced scud missile attacks, our unit had to go to the frontlines (forward support battallion) and was only furnished empty weapons and a bannette (?....knife). I often feared for my life and had also been told to watch my back for other soldiers. Additional thoughts?

I've been out for about 17 years. I've got copies of my medical records. There was no mention, nor do I recall, any reference to it. My ex and I had a couple of incidents that required MP's to come to the house. Bipolar has extensive mood swings and at that time, had not been diagnosed. All it took was something very minor to set me off -- still would if I didn't take my meds. Wouldn't you think that if the VA felt I was not eligible for sc related, they wouldn't have me scheduled for an exam? I don't know...this has really baffled me.

The only relation I could see would be my serving in the Gulf War. Not to say the deteriation on my other ailments doesn't further impact it. Were they have given me a mental eval at discharge?

It states - We have continued 10% for patellofemoral chondromalacia, right knee. Records dated xx show complaints of rt knee pain/sprain...treated/released. VA exam (for claim review) shows range of motion from 0 to 115 degrees flexion, with pain @110 degrees, extension from 0 to 0 degrees, with no addt'l loss of motion on repetitive use. Examiner notes you have crepitus, tenderness, painful movement, and guarding of movement, with no evidence of clicks or snaps, grinding, instability, patellar abnormality, or meniscus abnormality. Examiner reports MRI done at XX dated xx reveals myxoid degeneration of the medial meniscus, degenerative fraying of free edge of lateral meniscus, with minimal tricompartmental osteoarthritic changes and small joint effusion. Examiner provides diagnosis of patellofemoral chondromalacia, rt knee. Based on evidence, 10% is continued. A higher evaluation of 20% not warranted unless there is limited range of motion to 30 degrees flexion, or 15 degrees extension. One additional comment on this claim. The examiner literally forced my leg back to the extent it brought tears because it was so painful and measured it at that point. Didn't matter I gasped in pain and asked that she stop.

Another question regarding my recent claims and results - My claims were for r/l knee, back, tinnitus/hearing loss. The listing of my various doctor's I provided to the VA also included the multiple psychiatrists that have treated me for bipolar. Today, I received an appt. notice for compensation/pension exam at the VA PACS (Psychiatry Ambulatory Care Svs) facility. At this point I had not included a claim to mental illness...? My exams done in preparation for discharge did not include a mental evaluation. Anyone know if it was required? Could they perhaps have noted their failure to do so and recognize the error?

Okey, I'm confused. The VA denied my claim to increase my knee disability from 10%. I originally received the percentage with the diagnosis 'patellofemoral chondromalacia' and that is also the diagnosis this time. They are using code 5260 - Leg flexion limited to 45%o. In reading the medical terms for this diagnosis, I'm confused as to why they would not use 5258 - Cartilage, semilunar, dislocated, with frequent episodes of locking, pain and effusion into the joint. Below is a definition of the diagnosis: When the knee moves, the kneecap (patella) slides to remain in contact with the lower end of the thigh bone (trochlear groove of the femur). Normally, this motion has almost no friction: the friction between these two joint surfaces is approximately 20% the friction of ice sliding against ice. If the patella and /or femur joint surface (articular cartilage) becomes softened or irregular, the friction increases. Grinding or crepitus that can be heard or felt when the knee moves is the result. This condition in which there is patellofemoral crepitus is called chondromalacia patella or patellofemoral syndrome. The examiner reported that I had crepitus, tenderness, painful movement but no sign of clicks/snaps, grinding, instability, patellar abnorms, or meniscus abnorms. Not sure how she came up with that as everytime I move it, I FEEL the grinding and hear the snaps! My ortho exam and MRI findings stated I had fraying of lateral meniscus, osteoarth, and small joint effusion. Now, am I off on left field thinking it should have been rated under a different code?

The VA owes me several months of back pay due to approved increase in rating. One claim is still pending further testing and subsequent evaluation. Does anyone know whether the VA will go ahead and pay the back pay for the claim that's been approved? Or will they wait until all claims are finalized?

Not to mention I have high blood pressure. Unfortunately, I'm a smoker which I'm afraid could be used negatively in my favor (as far as hbp).