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airborne18
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Posts posted by airborne18
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You should try to get as many buddy letters as you can. As far as your Mother, it will not hurt, but your medical records prior to service will help more. On the claim you should have listed all your doctors, make sure that is complete and get the records.
I am not sure how to prove nexus without having been treated in the military. They ignored my exit physical, mainly because it did not support my claim. Yours does support your claim, so it will probably be used. Will it prove service connection? I cannot answer that and I am not an expert on the nexus issue.
One thing the VA will look at and has alot of weight, is your medical treatment records. Both in-service, and following your service. They will look for a pattern of continual treatment from the day you ets'd, until present day. It is powerful evidence in your favor. Even if you had a problem before your service, it can still be aggrevated by service, and be service connected ( again not an expert on this facet of claims ). You want to lay out a complete chronological medical history. You also want to show that you have continually sought treatment, and that the treatment has escalated with the condition. Your private doctors opinions will matter.
Also your employment will factor into this.. If you are claiming a back injury from serivce and spent the last 10 years at a job that is physical in nature, then the VA has something else to blame your problems on..
The VA has to give you the benefit of the doubt when weighing evidence. That being said, you might have to fight all the way to the BVA to get a favorable decision..
Good Luck with everything
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I do not think they will give him 100% anything.. He got out Dec 12, 2008.. He is hoping for 30% , me i just hoping he gets enough to not have to pay for his meds.. they are over 150 a mo and more if they change his meds.... and he is unable to handle a job right now.Im scared that his Gen Exam with the dr. saying his migranes werent service connected,, but i went through his medical records all 400 pages of it and it is all there... appeals can last up to 3-4 yrs and i don;t want them to not see him.. Im just so confused have been for a couple of months.. thanx for reading this
150 a month for meds??? Is he not going to the VA for meds? at worst it is an $8 copay, which they will refund once he gets service connected for the condition.
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The Patient Advocate is worthless and they just tow the VA line. And the fact that they have no medical training makes it frustrating even dealing with them.. I had a similiar problem to this and the people that can solve this are the Eligibilty desk staff, and if they are not helpful, talk to their supervisor. Your PCP issue will be solved in 15 mins.
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The VA is a Pain in the butt when it comes to pain management. Without any pain management I live in a 8-9 level pain. I went to the VA with pain medicine already prescribe by my other doc. Violins here, was broke and just started the claims process, actually on medicaid at the time and we lost that. So I had to deal with the VA for Pain meds.. It took me 6 months for them to prescribe the meds I was already taking ( and they were not narcotics ).. And the Pain management nurse at my hospital is nice, but I just want to punch her in the face. She just tells you sorry, I cannot help you, it is VA policy.
Once I got service connection for my back.. The deal changed alot.. I no longer ask, I tell them what I want. And if they say no.. I just go over their heads.. I am nice about ( YES ALWAYS BE NICE ).. And I only do it with the Pain Management nurse, now I tell her it is my POLICY not to be in pain.
My point here is.. if you are service connected for the condition causing the pain., then you should be able to overturn the decision very easy.. If it is not service connected then you might have a fight.. Just make an appointment with your PCP, explain exactly what happened.. Your situtation acutally happened to me, except I did wait the 2 - 3 hours.. But you know where you failed to live up to your end, and you had a reason. If the PCP says no, then say I want to talk to your supervisor, or the doctor..
If this does not work, go to your neurologist or orthapetdic, ( i don't know what your medical problem is ).. and explain it to them.. they will probably be more sympathetic and will either prescribe it or help you get it overturned.. ( this has worked for me ).
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I agree,, the only value the PX has to me is for odd ball military souvineers that they sell in clothing sales.
The biggest benefit is access to MWR. Depending on the base and how close you are there are some great recreation facilities. Plus the trips and other activities.
I don't get how this would give every disabled vet access, but good luck.
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I spent monday at the VA and never got to the ROI... Though I did see my records on computer during one of my appointments and noticed that my last C&P in march is restricted.. I assume it is because it is a MH C&P.
If you have a bulged disc and peripheral issues from the nerve damage, get an NCV/EMG study.. strong evidence.
I have alot of neurological problems so I understand your situation. Sounds like your Neurologist at the VA is not helping your case too much.. I am fortunate, my neurologists are excellent and have at least been sympathetic with their diagnosis and have helped my claims.
Good Luck and let me know how you make out.. Sounds like you could be facing a year or more
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My IU materialized due to statements similiar to this in my C-file from a routine annual C&P exam. I mentioned that one of my conditions was permanent, and he asked about my employment and I told him I keep losing jobs due to physical limitations. A few weeks later I got a call from my DAV NSO telling me that I my latest C&P exam supported claiming a few more conditions, and that it also indicated I was Unemployable..
I filed for the two conditions, I got a decision within a few weeks.. I then filed for IU.. I won everything dated back to Jan.. .
I am not sure what my regular VA doctors say in my files, but a C&P doc hinting that you are unemployable is almost automatic IU from what the NSO's tell me. ( i asked 3 different ).
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billy,
You only have one C-file. Adding anything to it while it is in the rating process will cause a delay.. everytime the file is touched a delay is created.. that is the physics of the VA.
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I did the same as Larry, I requested my records to reduce the wait time..
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My suggestion would be to go ahead and file for IU now since she's declared him incompetent. Sounds like your doctor is referring to down the road of recovery if he get better but right now as I read your post he is incompetent and being incompetent is solid grounds for unemployability.
You can always at anytime APPLY for iu.
Billy
Starting a claim for IU before the rating decision comes back is shooting blind. She really needs to know what they are deciding, and which medical opinions they relied on before she can argue the IU part. If in fact they do take the opinion that he "can find employment due to extensive therapy", then she should line up evidence to over come that.. which is not hard as long as she knows what she is up against before submitting the claim..
He should also try and get work, like they said he is capable of.. Trying and failing in itself is evidence.
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If you sent the records with the claim then I would just wait it out. No need to add any more delays.
The MH c&p does look good and you should just wait out the complete decision. With a 40 GAF and the not being able to take care of his own affairs, his rating for the PTSD should probably at the 70% rate, though they could lowball it at 50% ... for MH they only have a few percentages.. 10%,30%,50%,70%, 100%.
When you get the decision for everything, then figure out if you are going to fight anything or just file for increases. That is something you should talk to one of the pro's on this board about..
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first, the mental health exam does sound good. And the opinion that he is not able to take care of his own affiars works in your favor.
Ratings are based on the level of loss. Not being able to handle your own affairs is a higher level of loss. And you can be the caretaker for his financial affairs. Though the GAF score seems a bit low..
second, yes the VARO was correct. The rater looks at everything. Hopefully he is currently being treated at the VA for his medical problems. Keep in mind there are two parts of this: proving service connection, determining the functional loss. The military medical records are the key to service connection. However, the current treatment records will play a larger role in determining functional loss.
My military records were all but destroyed, and they even noted in my records. ( basically destroyed them so I could not have a claim later ). Though I happen to have kept a few sick call slips. And my service connection was based on specifically one sick call slip.
Do you have your husbands medical records from the military? Did you make a copy before he left the military? The VA raters know that the military does some really horrible things to patients, and plays games with the records.
The other key to this is that he seek treatment at the VA, and follow the treatments.. You want as much medical evidence as possible. The raters will use the VA treatment records. You want as many doctors to diagnose his problems as possible. And you want the military records to match the diagnosis,, so you can prove the service connection.
The way I always look at the process, is that proving service connection is the hard part.. The functional loss is easy.. If the percentages come back low, you can always refile for an increase. Fighting service connection is really the long and painful fight with the VA.
I would wait for the decision before you started fighting it.. You will delay the process if you start sending in statements to fight the C&P. Though if you are not sure if they have all his military medical records, and you have them, I would probably send them in with a statement. That is probably the only way it would be worth the delay.
My husband's exam came in the mail and the Gen exam was not good...the dr. stated that my husband was seen only 1 time while he was in the service for his headaches and that is not true.. he was seen 6 times. He also said that he did not have any notes of blood in stool, he has 2 notes of it..while in service..,the Dr stated he does not have any respetory problems that he was seen for except a runny nose sore throat 4 times.... he was seen for that 10 times and uses an inhaler.. I called the Va regional office and was told to call the Dr to ask him to correct it the dr said we are not supposed to be talking to me, called VARO they said that the C&P exam is only one thing they look at , the person from the rater would look in his medical records or we should file a a form21.. wont that stop the claim.. should i trust that ??? What if they just look at the Dr's C&P exam noted any deny him on a lie??.... He said that "headaches probably migrains ,not present while the vet was on active service"......and "mild internal hemorrhoids"even though he bleeds with every BM???? This is not looking good for him.Im not sure if the MH exam was a good one...Im not sure if they said he had a stressor.."The Vet's symptons of PTSD in the opinion of this examiner was more likley that not caused by his reported experiences while in the military"....
his Diagnoses are Axis I:post-traumatic stress disorder,major depressive disorder,recurrent cognitive disorder NOS...AxisII deferred AxisIII see medical chart AxisIVvictim of prolonged physical harassment, social isolation,health problems. AxisV GAF=40 serious symptoms and major impairement in social and occupational functioning.. the thing i don't want to agree on is "The veteran in the opinion of this examiner is not competent to manage his Veterans Administration Benefits and financial resources and will need to have assistance in managing his benefits??? that does not sound like good news to me........she also stated "In the opinion if this examiner,if the vets depressed mood was present prior to entering the military it was permanently aggravated by the experiences he has while in the military.The vet appeared to be struggling emotionally while in the service and did not appear to be offerend the care that would have been appropriate given the description of his functioning and the indication of his mood disturbances in those few contacts he had when he was hospitalized... she also stated that some of his evaluations and files were missing??
Any advice would be appreciated im not sure of how to take any of this, thank you all so much ..
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congrats.
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The size of the retired veteran population impacts the processing time. And some regions are just screwed up. The problem with a small state is the hospital services are limited.
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I got TDIU and the interesting part it this.. My single highest rating is for a mental disorder.. but for my TDIU award they didn't even consider it, they awarded it to me based on my physical disabilities. Also the fact that I could not keep jobs due to the disabilities helped.. I even had to give up jobs due to the mental disorder, and they didn't consider it in the decision.
Just thought it was odd.. My occupation is professional and not manual labor.. so me being able to sit at a desk was not an issue. Really both contibute to me not being able to work, but the mental disorder does interfere with being able to work.
The VA seems to have an issue with the mental disorder and IU.
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you will get a variety of answers and it depends on your VARO.. some are really screwed up, as you can read in the news. The response I got and has been typical from my VARO is 2-3 months from the C&P.. but my inital claim took a few weeks after the C&P. The fact that it took until june to get a C&P sounds like your VARO is not very quick.
So much for the streamlined active duty to VA claims..
Was your husband medical boarded when he ets'd??
Good Luck.
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I agree that most of my SC ratings comes from the C & P doctors accepts my VA doctors opinions so I am very lucky. I just got a copy of my latest MRI which is pending SC. My C & P exam was on June 19, 2009 and my VCAA was not due to June 26, 2009. I wanted to wait and send in the new evidence so now VA should review it and request another C & P or return it back for a medical opinion on the new evidence. I know it will delay my claim for development of new medical evidence but I am OK with that. Getting a copy of your MRI report should not delay your rating and the VAMC should process your request. If they don't try going to the patient advocacy office, and tell them the ROI refuse to give you a copy of your MRI report(S).
Well my patient advocate is worthless. I just go to the supervisors. I had a new clinic open within 5 miles from house and they said I could not go there, and the waiting list was years until I got in.. There are alot of retired in my area, so alot of elderly vets go for the cheap medication. But they are not service connected, just fall under the GMT and are in group 8 or 7 or whatever.. I went to the patient advocate and she just gave me a line of b/s, and smiled and said have a nice day...She didn't make a single phone call, just was the goodwill ambassador for the hospital. The real issue was that I could not get travel pay because they opened this clinic..
So I went to the supervisor of enrollement and complained.. And I got into the clinic that day.
It is good to hear that it was just incompetence at my ROI and not something everyone deals with.
Question for you is this, if they are VA records, the raters and c&p docs will get them anyway. Or is that not the evidence you are forwarding to them?? . And maybe it would not trigger an actual c&p, it might just get passed along to be reviewed by your C&P doctor. Is it evidence to prove the nexus of the claim or to prove the level of loss?
Either way my C&P doc told me that it the turnaround is about 3 months from the date of the C&P. I had quicker turnaround then that, but the secondary claim was fully developed by the time I filed for it..at least for the most part.
I basically did a real simple first claim, just to get the service connection for the issue that was clearly documented.. ( i had evidence from my SMR ). and that I had a complete treatment timeline from the day I ets'd to the present date. Then I had to work on the other issues later. It is a psychological thing, getting your service connection. Once you get it for one thing, then the other claims are not as intense, just waiting.
I think as long as the veteran undeerstands that sending in paper X creates another 60 day delay in their claim, that it would help in alot in the public relations side of the VA.
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What steps should I take if I see things that are not true or that I did not say during the C&P exam? As an example, he writes "He still is able to participate in recreational activities". This is not true, I can no longer play softball or basketball like I used to. Also, the December of 1981 info is a typo. I was 11 or 12 yrs old at that time. The date should reflect 1991. Should I submit something now or do I have to wait for the decision and then appeal if the rating is "wrong"? One last question...This claim was initially filed Jan 2008, if I am denied and have to appeal and win on appeal, what date do they use the January 2008 or the date I file the appeal? Thank for everything...I greatly appreciate it.
They will go back to the date and timestamp on your claim.
Looks like you are going to get service connection for your 3 body parts. That is usually the larger battle, getting the VA to grant service connection. ..
My first claim was "chronic back sprain" and the max for it is 40%. I also had a claim for knee and ankle but those were denied. The knee seems to be a joint that the VA likes to deny or lowball.
Keep in mind the VA does not rate for the problem, but the affects of the problem. It is called functional loss and pain. With the back it is radiating pain that really gets you the higher percentages and how far you can bend and rotate without pain. Also it is what level of pain management is required to control your pain. It states you do not have radiating pain from your back. That is probably going to cut your rating on the back to the low side.
How many times a year you are laid up from your back and lose time from work really matters. Also the pain levels and how oftern and what eleviates it matters. You are probably taking flexeral, which is not a bad drug, but it is pretty mild on the pain mangement scale. Also how your bodily functions are impacted by your back, which is why they ask the bowel and urination questions.. that indicates surgery is needed.
While MRI's are important, there are other tests which provide better evidence for your back. An NCV/EMG is a great test, it basically measures any nerve or muscle damage in the leg. And the best evidence of all are the treatment records.
I am not trying to be negative with this post, just trying to set your expecations. I had chronic back sprain with radiuclopathy down the left leg and a dropped foot and got 40%.. which was the max.
But keep in mind that your rating is based upon your diagnosis. If your back gets worst, which it will over time, your rating will change. Eventually my back problems were rediagnosed and at my one year reevaluation it came up, and I filed for an increase and was instantly upped to 80%.
Just make sure that you inform your doctors at the VA of what is going on with your pain and what problems you are having.. and get treated. Get physical therapy for your back, it might help you.
Good Luck and don't worry.
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Pete,
I will check with my ROI again just for kicks. It was not an issue that I thought too much about.. there are bigger issues at the VAMC.. what I really needed at the time were MRI records, but they would not release any records that were even part of it..
I actually believe legally they can hold your records, that are part of evidence, until they decide the claim. After all a claim is a legal action against the VA. The FOIA and right to records exists at all levels of the federal government, but it is not instant access, nor unlimited.
. . You have split this point correctly, and it is a key point. I have seen it echoed on this board over and over that get your claim file and c&p results right away.. But really there is no point until after your decision comes back. People don't want delays, yet they do everything possible to create their own delays. ( I actually tried to get my claim file while it was being decided, and the VARO told me exactly what I needed to do.. But they warned me, it would add a 5 month delay. )
I understand you have a strategy, and you know the system.. I had a strategy even before I let my wife file the claim. And my strategy worked. I have not filed claims I should or could, but I will in a few years if I have too. Luckily at my VAMC they have some highly respected docs in a few areas, that diagnosed me, and the C&P docs just took their findings.
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Pete,
In 2007 when I tried to get medical records from ROI, ( as suggested ).. my VAMC would not release any records that were associated with a pending claim.. The reasone, which actually makes sense, is that people were disputing their claims before they were even decided. And submitting new evidence while they were in the process of being decided.. It is a contributing factor to the claims delays.. So they stopped it..
Once a claim is filed and you signed off on your VACC.. just let it be decided then plot your next move..
Everyone who is in the system knows the wait game, it sucks.. And reading the horror stories and the endless examples of suffering at the hand of the VA.
One reason to at least talk to a NSO at your VARO is to present your claim and see what they think.. They have seen thousands of claims and will at the least tell you if you have proven your nexus. And they will make sure you got all the evidence that you should have together. I don't trust them completely, because some are worthless, but it is a free opinion before you drop off your claim. Though you should not put your fate in anyone's hands.
Try the VAMC... not the VARO.
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Just wait it out. If you start requesting things, then you add time. Everytime you add to your claim or request anything from your claim file it adds months to your time. Each time your file gets on a pile it takes time for it to reach the top. Depending on your VARO it can take weeks to a few months in each pile.
If you do not have a veterans organization handling your claim, you should probably use one. The DAV was helpful finding out the status of my claim and other issues.
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larryj,
Thanks.. Delaware is the state.. and they are actually quite smug about it.. I'd call the DAV office at the Wilmington VARO. 302-993-7258, ask about DAV plates, and you will hear the story.
The thing about it is that I would not mind if the requirement were that it had to be a combat disability, just make the requirements Purple Heart and a SC rating.. But it is just arbitrary that it had to be the period of wartime, no matter what your rating.
The thing on the insurance is odd.. I already have the 10,000 that I am paying for, and have since I got my first rating.. To get the free 10,000 there is no form. I called and they said just to send a letter asking for it to some unpublished po box in philly..
I did have to go up and ask for the Base ID letter. I got mine, have to drag the rest of the family up to the base.. Dover AFB has a skeet range so that is the main benefit for me. And a vet clinic for my dog.
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airborne,
Disabled Vet tags have nothing to do with the DAV (Disabled American Veterans [Veteran Service Org.]). My letter for the tags came from my state VA, and the tags are given by participating states.
My ChampVA benefits application came in a separate letter last year. My life insurance policy also came in a separate letter. These services are different jurisdictions than the VA and run their own systems.
That is in your state.
in my state the disabled vet tags are the DAV tags.. and the DAV tags are the DV tags.. .. Though you do not need membership in the DAV. The DAV set the criteria and the state passed the law.. Being from a small state has it's perks, in that organizations have pull.
Funny because the DAV officers tell vets to go to this woman for the letter for the plates, and she gets pissed because vets like me show up and she has to explain that we are not eligible for the plates. She assured me she would correct this problem at the State DAV convention, set all the officers straight on the criteria..
CHampVA i had to call, as I did for life insurance.. THough I did get the life insurance paperwork with my other ratings. And I got Vocrehab paperwork.
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that woman is a dingbat C-word.
Congrats on your award, Airborne!
Unfortunately for veterans organizations this dingbat and others like her are the first person any younger vet runs into when they are harrassed at the door for entry to the post. They work as bartenders and are given the right to challenge veterans at the door, yet they let their non-veteran friends have the run of the place. I have seen it too many times, and is part of the reason younger vets choose to avoid the posts. Veterans today choose to serve, they were not drafted, and they consider it an honor to have served. Yet they walk into a legion post and get kicked in the balls the second they hit the front door.
Violated My Pain Management Agreement
in Medication – Prescription Drugs-Health Issues
Posted
This is an excellent idea....
I do not use narcotics any more, longterm they will do alot of damage ( intestinal and stomach problems. ) I use Tramadol, Neurotin, and Anxiety meds...