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Commander Bob
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Posts posted by Commander Bob
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CB,
First off - all service organizations are supposed to have another representative
that is qualified to attend the hearing with you, especially in situations like you
are currently faced with - your rep will not be in town.
If possible will you please post (ASAP) a short version of why you feel an EED
is warranted, I'd just like to do a read over of it, incase I or someone else here
can post something to further support this contention.
Thanks,
carlie
Hi carlie,Thanks for your intrest. It is very much appreciated.Regarding help from my service organizations, I was hoping there would be some NSO back up, but this VSO only keeps a small office, with limited employees. So it looks like I'm on my own.Regarding the EED. As John pointed out, "It is what happened at the earliest possible effective date that matters in my opinion."My medical record truly reflects a PTSD type condition in early 1968. My early 1968 military medical records note PTSD type symptoms on several daily med note reports. For a few years after I got out of the service, the local VAMC refused to treat my readjustment health problems. Mostly I got "Blue Sheets" written up by the staff and a boot out the door. Then VA records show a NSC rating for that condition so I could get treatment. Sometime in 1977 It was changed to a 10% SC condition. w/ 2 years retro. For the next twenty years my med records are littered with notes that reflect PTSD type symptoms. After that, I gave up seeking care thru the VAMC for the next 20 years. The place just triggered my PTSD when ever I got near it....This SOC, Reasons and Basis section cites records and notes, only going back to the time I refused to go to VAMC for treatment. A 1985 C&P exam was also cited. It amounts to the ramblings of an old Dr., (easily refuted by the record) , & parroted by 2 novice PhDs during this last 5 year claims process. again easily refuted with facts.If I can just get the BVA judge to look back four decades with the insights and understanding we now have in 2013, JMHO, it clearly shows combat related PTSD with an onset of 1968..Thanks for any insight you can provide,C.B. -
Interesting read. Thanks 'asknod', for your in depth research into this issue.JMHO,...I think it's too early to tell. I believe reasonable heads will prevail.Thanks again for your insights.Cmdr. Bob
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I keep telling myself to focus on the main issues, supported by the documents in my complete record.I am also wondering, if it would "muddy the waters" by mentioning the many VARO blunders and administrative CUEs, or my request for protection under the "Whistle Blower Act" during the shredder-gate fiasco, etc... There are just too many rabbit trails. However, if I don't' bring these things up now, at the BVA hearing, and if my appeal is not resolved, would it be allowed later, up the chain of appeals???Much pressure riding on this Wednesday... Wow what a trigger!!!After 45 years, it could all be resolved on March 6th.Cmdr. Bob
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Bob
... I think your best evidence is "you".
John
Thanks John, I truly appreciate your thoughts and support.
Bob
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Bob
Just prop your stump up on the desk as you discuss running through a minefield. Tell them you need to elevate your amputation when it hurts. Do you think this might be the stuff of nightmares and flashbacks, Mr. BVA judge? I think your best evidence is "you".
John
LOL. I should, however, I'm sure they would see that as a reason to bring out the tazer~
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I think I would go to my hearing and plead my case. Then go in search of a lawyer. I had a BVA hearing with my lawyer. I lost anyway. You may have to go to the next level.
John
Thanks John, Yes, thats my plan. All the evidence I need for 45 years of EED (if it has not been lost or destroyed) is there.
Now, If I can just present the true facts of the record successfully. I could win this thing without a remaind,
Worst case scenario. I get a CUE and a remand. ugh!!
If I totally screw it up then, as you said I'll "...go in search of a lawyer."
Bob
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The harsh reality is that you are just an income stream to a high powered VA attorney and one of hundreds on the line.Well said 'deanbrt', It sure seems like that's the way of the world, these days.Let's just hope 'Sgt G' gets lucky.Cmdr. Bob
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On a separate note, Bergmann & Moore called me back a little while ago after reviewing my BVA decision and they think there are some flaws as well.
Sergeant G
Glad to hear that you are not going it alone,'Sereant G'Good luck, on all fronts.Cmdr. Bob -
I found the BDQs. My thoughts were to have her private MD fill these out as she is not very familiar with the verbage the VA needs and then to have a secondary IMO or IME (not sure yet) to tie it up in a bundle. What do you all think?
Do you have copies of her C-file, VAMC records, and her mliitary med. records?
JMHO, Without copies of her records, her private MD, or a secondary IMO report is worthless at the VA...
Best Wishes,
Cmdr.Bob
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The NSO also emails:
Our options are... or you to go in on your own and tell them that you still have notreceived your copy of the record and the Board will have to either grant or
remand it to at least provide the copy of the file you requested but also
anything else like an independent exan, but then it will be the responsibility
of the Appeals Management Center in Washington.
I think I'll go for the win. Any thoughts?Cmdr. BobNSO also suggests:
...or you can go in and request a BVA hearing reschedule, and who knows when that will be,
C.B.
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Here are a few emails I exchanged with my NSO Rep last Thursday & Friday.Dear MOPH NSO,What happened? I have just received a BVA hearing notice, 9 days before the hearing date. This of course negates the two week window to reschedule. Even though I never received the FOIA/Privacy Act copies of my file we repeatedly requested over the years, and could not get an IMO, and never had that DRO hearing they were suppose to have for me. etc.He emails back;
"Its worse as I too just got my letters, and I am working at BVA in Washington that week." etc.
So I email back :I am sorry to hear you are not going to be in town and represent me at my BVA hearing.As we discussed on the phone, this is just like the VARO's botched non- DRO hearing screw up, they once again failed to notify you or me in a timely manner. So, after almost five years of waiting and stressful bureaucratic delay, I will attend that March 6th BVA hearing, with or without representation and now will have to represent myself... etc.Cmdr. BobP.S. Well, at least the weather forecasts a beautiful clear andcool day!!! Thank God for small miracles...The NSO also emails:
Our options are... or you to go in on your own and tell them that you still have notreceived your copy of the record and the Board will have to either grant or
remand it to at least provide the copy of the file you requested but also
anything else like an independent exan, but then it will be the responsibility
of the Appeals Management Center in Washington.
I think I'll go for the win. Any thoughts?Cmdr. Bob -
18 months ago,
I had a DRO hearing and have sit quietly waiting the results. ...
Thanks for any replies
Ken
Hi Ken,
Sorry to hear about your wait. Good luck.
I agree with 'deanbrt', and, jmho,... save the big guns for when you need them.
Here are a few wait time claims from late last year, I pulled them off of a Vet's Atty's web site, dated feb 11.
"My
Firm has several cases before the Waco VA Regional Office right now.
Here are some of the wait times my clients have experienced; I’ve used
these cases as examples because they are the “straightforward”cases
where there is no reason that the VA should be denying part or all of the claims.
Client #1.
This client is the surviving spouse of Vietnam Veteran who died of his
Agent Orange related illnesses in 2009. Surviving spouse filed claim
for survivor’s benefits in September 2009. Client received full denial
in April 2010. After a timely Notice of Disagreement, a DRO Hearing was
finally scheduled and held in December 2011. After the DRO promised a
full grant of accrued benefits and DIC by the end of December 2011, no
action has been taken on the case in 3 months.
Client #2.
This client is the victim of a Military Sexual Trauma. The initial
claim was filed in May 2009 and denied by the VA in May 2010. After a
timely Notice of Disagreement the VA scheduled a DRO Hearing for
December 2010. The hearing was cancelled so that the Veteran could have
a C&P (Compensation and Pension Exam in January 2011). In the 13
months since January 2011, the file has sat on the DRO’s desk and no
decision has been written.
Client #3:
This client, a Vietnam Veteran, filed a claim to reopen his claim in
November 2008. The VA denied the claim in November 2009. After a timely
Notice of Disagreement, the VA scheduled a DRO Hearing for July 2011.
The Veteran has submitted additional new and material evidence to
support a grant of benefits, but has heard nothing from the VA in the 7
months since July 2011.
Client #4:
This client, a Vietnam-era Veteran who was exposed to Agent Orange
while serving on the Korean DMZ during the Vietnam War, filed his claim
in December 2009, which the VA quickly denied by April 2010. After
submitting a timely Notice of Disagreement, the VA did nothing until
this past week, when it set a DRO hearing for April 2012.
Client #5:
This client, a Vietnam Veteran, submitted his claim in August 2008,
which the VA denied by October 2008. This Veteran was never given a DRO
Hearing, instead it took nearly 3.5 years for the BVA to set a hearing
in his case. That BVA hearing is set for April 2012."
Of course, it depends on where you live.
Best regards,
Cmdr.Bob
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Here are a few emails I exchanged with my NSO Rep last Thursday & Friday.Dear MOPH NSO,What happened? I have just received a BVA hearing notice, 9 days before the hearing date. This of course negates the two week window to reschedule. Even though I never received the FOIA/Privacy Act copies of my file we repeatedly requested over the years, and could not get an IMO, and never had that DRO hearing they were suppose to have for me. etc.He emails back;
"Its worse as I too just got my letters, and I am working at BVA in Washington that week." etc.
So I email back :I am sorry to hear you are not going to be in town and represent me at my BVA hearing.As we discussed on the phone, this is just like the VARO's botched non- DRO hearing screw up, they once again failed to notify you or me in a timely manner. So, after almost five years of waiting and stressful bureaucratic delay, I will attend that March 6th BVA hearing, with or without representation and now will have to represent myself... etc.Cmdr. BobP.S. Well, at least the weather forecasts a beautiful clear andcool day!!! Thank God for small miracles...
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It sounds like you still have some unanswered questions. ~JMHO ~ ...if I had
a NOD deadline date of 03/01/13, I would file the "Notice of Disagreement"
ASAP. & and sort it out later,My deepest sympathies for your loss and my relief to hear of your recent
approval for DIC,C.B. -
Great News! Got the call from Support Dogs Inc (http://supportdogs.org/) and I am getting my dog! Training starts Feb 4 - Feb 15. I am happy and nervous.
Congratulations Tbird!!
Best Wishes for the New Year,
Bob
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I just got rated up to 100% in November 2102 from 90% in June 2011, the VA wants to reexamine me in June 2014 for two 30% rated conditions, GERD & Headaches , It would not surprise me for the C&P Docs to say yes the conditions improved even though they may actually not , they tried this same game with me in October 2006 in February 2006 the rated me 30% for headaches then in October 2006 they claimed they had medical evidence stating my headache conditioned improved and proposed to reduce me from 80% to 60% I appealed it and a Decision review officer agreed with me and kept it at 30%, I have learned to keep a log book each time a condition bothers me I note the date and time I use an excel spreadsheet and also secure message my VAMC Doctors using myhealthe Vet secure messaging.greetings 'jhorak'.Sorry to hear the VA is still hassling you.It sounds like you are squared away. IMO again, if necessary. etc...You note, " I have learned to keep a log book each time a condition bothers me I note the date and time I use an excel spreadsheet and also secure message my VAMC Doctors using myhealthe Vet secure messaging." Outstanding. Let's hope for the best, and that all goes well for you.Best wishes for the New Year,Cmdr. Bob
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She did not say you were unemployable due to your chronic adjustment disorder. Do you have any private records for psychiatric treatment? It is just a guessing game to try and figure out what rating the RO will give you on this. The doctor does not make your rating. With your AO claims it may not matter that much about your Adjustment disorder rating. Have you sent in a TDIU claim officially? You should do that I think because I take it you are not able to work. You might want to get an IMO/IME on all your conditions to get evidence that you are completely disabled. Have you applied for SSDI or any other form of disability?
Hi John. Glad to see you in on this. Georgiapapa is most fortunate to have your input.
* (side note), I enjoyed our visit last year , or so, and am looking forward to seeing you some time next year, when I will be in your neck of the woods, again.
Bob
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I am in the process of filing a formal claim for "Chronic adjustment disorder with anxiety and depression", diagnostic code 9440. I have been in psychotherapy since summer of 2011 with a VA psychologist and a VA psychiatric nurse practitioner. I currently have claims pending for multiple myeloma (agent orange presumptive) and IHD (agent orange presumptive). Both my psychologist and NP have stated in my progress reports that my adjustment disorder is "secondary to my medical conditions-multiple myeloma."
They also both agree my adjustment disorder is aggravated even more by my recent diagnosis of IHD.
My psychologist completed a DBQ for me to submit with my claim. Some of the responses she provided in the DBQ are some of the same symptoms shown in the general rating formula for mental disorders in the 70%, 50%, 30% and 10% criteria so I really have no idea as to the rating I should receive. For example, she responded that I have "obsessional rituals which interfere with routine activities" and "difficulty in adapting to stressful circumstances including work or work like setting" both of which fall in the 70% criteria. She also responded that I have "occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect", "panic attacks more than once a week", "impairment of short and long term memory" which all fall in the 50% criteria. She also responded that I have "depressed mood", "anxiety" and "chronic sleep impairment" which all fall in the 30% criteria. She responded that I have "symptoms controlled by continuous medication" which falls in the 10% criteria.
On the DBQ she indicated my diagnosis was "adjustment disorder with anxiety and depression" ICD code: 309.28 in axis category I. Under Axis III, she listed "multiple myeloma" ICD code 203.00 and under Axis IV she listed "health". Under Axis V, she listed my GAF score as "45".
I am sending the VA copies of all my progress reports from my psychologist and NP. The reports support the responses provided in the DBQ. One difference between the reports of my psychologist and my NP is the GAF scores. My psychologist consistently gave me GAFs of 45 while my NP gave me GAFs in the mid 50s.
Other symptoms constantly mentioned in my mental disorder progress reports include: Hopelessness & helplessness, low frustration tolerance, withdrawn, anticipatory anxiety, sleep disorder (restless & broken), nightmares, insomnia, diminished ability to concentrate, recurrent thoughts of death, memory deficiencies, depressed, irritable, blunted and labile.
I am trying to get an idea as to what rating I should receive for my adjustment disorder so any input from other hadit members would be appreciated, especially input from veterans who have been service connected for mental health disorders..
Thanks...Georgiapapa
Greetings, Georgiapapa. My most positive thoughts are with you as you deal with your situation and the VA.
A lot of Vietnam vets were undiagnosed, or misdiagnosed for stress disorders, back then.
May I ask if you experienced any PTSD stressors while in Vietnam? Just being there was a stressor. And many of us were so young. Are you agreeable with the VA diagnostic code 9440?
Best wishes,
C.B.
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Still waiting for a decision guy I know on what should be an easy claim.(However nothing seems that way with the VA). Vietnam vet with Bronze Star Valor and well documented in Commendations he was awarded this for securing his region and a sabotage team sent to assist him found he had the area secure with the enemy not able to advance...(BTW he killed 8 and wounded others), Anyway he was at 50% PTSD after fighting over 4 years and then got terminated from his job for Explosive Behavior and threatening others, and missing work, no call, no show, and denied unemployment after over 44 years of working without ever putting in an unemployment claim ever before.
Plus he went through a PTSD inpatient treatment program. Separated from his wife now due to his violent abusive behavior. He filed, was denied, appealed and sought a DRO review, and has been waiting and waiting. He put in for regular SS and has been receiving this a few years, and the VARO keep saying they need his SSA records before they make a decision...They know he filed regular as his income was significantly decrease due to termination of employment, so he had to file @ 63 yrs of age. HE SITS AND WAITS LIKE OTHERS AND GETS MORE DEPRESSED AND DISCOURAGED. He just recently contacted his Congressional representative and the liaison has helped him more in 6 weeks than his VSO has these years. Still he has to wait. LIMBO here. Any one else in his boat?
Yes. And, it adds insult to injury. Vietnam Vets and PTSD should be a congressional concern. I call it "unfinished business"... Tell your friend do not distress over it. Hang in there & keep breathing.
Best wishes,
Bob
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This is actually my first claim for benefits. I find it hard to believe that the doctor could opine that it was not service connected. It happened in a M2A2 Bradley in the pitch dark and I was even medevac'd to Darnell Army Hospital for it.
Greetings 'SpcDearman'. You posted "This is actually my first claim for benefits. "
Have you filed a " Notice of Disagreement", NOD. yet? Are you aware of the deadline?
You may be able to track down the accident report from your old unit.... Sometimes a Congressman's office can help in such matters.
Best wishes,
C.B.
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Cut to yesterday. They cut his IU and he did not receive his 60 percent either.
J
Sorrry to hear this, J. JMHO, Your buddy should send in a Hardship Request, also. After 20 years on IU, they will leave em' alone.
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... CB - The PH is enough support of stressor to garner SC but unfortunately in no way
does it or any additional awards/medals factor into current evaluation percentage
of disability...
Thanks for the clarification, Carlie. I concur. That knowledge will help vets seeking answers.to that issue.
Actually , I am not trying to change my current percentage. After 45 years of confronting PTSD head on, and personal hard work, I feel that my current VA percentage is acceptable for this type of condition. My dilemma lies in my current "VA Diagnosed Code #."
When the Army's CRSC program told me that I did not have the correct PTSD "VA diagnoses code number." , my condition was considered non combat related. I remember in the 1960's... When I needed them the most, they were not there for me. The VA's refusal to correct the record adds insult to injury. I can only imagine how many PTSD Vietnam vets have gone on misdiagnosed.. Or how many nam vets committed suicide because the VA and the medical community had a lack of knowledge regarding PTSD, back then.
It's not the extra $20.00 a month that bothers me. My issue lies with the VA's refusal to correct the record, and give me the proper code#, I find the VA's stubborn refusal to admit the discrepancy notable. It's like they cannot admit they were wrong.
It cheapens my sacrifice and insults my service to this country.
C.B.
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"It has been over 10 months since I requested a FOIA/Privacy Act copy of my VA records, so that I may seek a competent Doctor to conduct a true and an "Independent Medical Opinion", before the beginning of my formal BVA hearing."
In my case (more than once) they turned my request for information from my c file into a new claim and then treated it as such in terms of timing. They also tried to hold up my appeal over it. Luckily, I was watching Ebenefits and caught it right away. If you have not checked Ebenefits you might check and see if they have turned your FOIA request into a claim
Thanks, 'deanbrt'. I'll check it out.
C.B.
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Thanks, Carlie for your wisdom, your counsel.and understanding. Your time in replying to my post is greatly valued. I sometimes have to stop and laugh at myself, put all this VA paperwork aside, and just go on R&R for a while....I think I'm overdue. I'll keep this rant of mine to the VA in the draft file, where it belongs, along with your notes, . Sometimes dealing with the VA gets very frustrating. The injustice is so wrong and cruel, it sometimes makes me speechless.....
Of course In the end I would have toned it down before I pass it over to a lawyer to handle. Sorry for not answering all your questions. I do however, find many answers in the questions you present..
Your friendship is priceless,
Bob
I Will Attend That March 6Th Bva Hearing!
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted