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clw4514
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Posts posted by clw4514
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well, at least i got to see the veterans assistance office without a wait. dude tried to hose me. sd i didnt have a claim. when i pointed out to him i certainly did have more than half a chance since it was clearly documented in smr's, he changed his tone. but still tried to discourage me. tried to hand my file back to me and sd go to the american legion. conversation went like this:
me - "u know, they have folks at VARO much better paid and educated to make decisions on whether or not i have a claim. that is a decision way over ur paygrade, chief. so, why dont u stay within ur paygrade, point me in the direction i need to go and let me finish up since i have less than 2 wks to get ppwk in. i believe it is ur job to ASSIST me in filing this ppwk and that would be the reason i was sent here."
him - "yes ma'am. i can take care of that for u."
i finished the meeting with him by asking if i could follow up with IRIS on my status. he had no clue what it was....oh well, at least i have u guys! and im so grateful for that, too. miffed me that he tried to schluff his duties. fu)#er!
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clw-
No, I did not list it as a stressor. The only thing I listed was my MST and the aftermath of that. I didn't feel the need to list all of my stressors. My MST alone and the fallout from that was enough to win my claim.
thats what i was thinking, too. not sure why she told me to list it anyway.
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We actually have a member who was involved in the ugly aftermath of a plane crash. He is SC'd ptsd for it.
J
he would be a good resource to talk to....the aftermath is really nasty. i dont care to ever see anything like it again.
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Go through your list of stressors. List the one that caused you to have PTSD. The other ones aggervated your PTSD. Stay focused. They would love for you to confuse the issue. FOCUS, FOCUS, FOCUS!!!!!!!!!!!!!!!!!!!!
ahhh - im with u. well, the air show actually happened about 2 months prior to the mst so im not sure which one caused and which one aggrevates. oh hell, im just screwed up.
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Yes...I was at that airshow. I was stationed at Rhein-Main during that time. I was very preggers with my first son. My cousin was stationed at Ramstein and we met up there for the airshow. It was a horrible day. I don't go to airshows anymore.
did u list it as a stressor? not really sure i want to but my therapist told me to.
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she was an intern and last friday was my last day with her. have to wait for a new one now.....joy.
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i asked pretty much the same question. was told that i could ask him to leave when i needed him to. mine knows what happened and the circumstances around it but does not know the "details" of it. i refuse to tell him that part. but, then again, he did read all my records in my medical records about it and it hasnt changed his mind about me/us at all. whatever u decide....best of luck to u!!
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was anyone on here stationed there during the air show disaster in aug '88? i was. right on the strip when it happened. therapist seems to think it contributed to my ptsd. just trying to connect the dots with it, i suppose. with that crash over the hudson yesterday and the pics they posted online, maybe she was right. it took me by surprise when i saw them.
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Is the appointment at your regular provider, or a different provider?
Call the number on the appointment and ask what it's for.
BoonDoc
its in the psych dept where i go every week but there was never any mention of this one.
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for psychiatry that i had no idea was being scheduled. im there 2x a wk so i always know what is coming up. is it possible that this is my c&p exam or do they notify u and clearly state that is what its for?
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i did all that. hoping its like the others sd and just a plain ol' form letter. but, i certainly did panic when i saw it!
thx for the advice :D
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i am sooooo glad that u guys r here!! should i at least call the varo just to make sure? oh, and they asked me to participate in a pilot program called expedited claims adjudication (eca) initiative. anyone familiar with it?
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i got the brown envelope today saying that they are expediting my claim as requested. i was so excited! then, i read down further and notice they r asking for a bunch of info that was already sent in. makes me feel as if i am just being dismissed in a way. is this standard procedure? did they NOT look at my packet i sent in?? for instance, here is one of the things they say they need:
* we need evidence showing that the following condition existed from military service to the present time: ptsd due to sexual abuse.
ok, i sent in the ER visit for the rape kit, the results of the rape kit, the mhc visit due to the mst....how much more evidence do they need????? all was while on active duty.
its frustrating. what am i supposed to do? send in exactly the same docs i sent with the packet?
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Is that because the Doctor are not knowledgable about PTSD, and use to DX for Bi-polar, because they are comfortable with the Bi Polar DX
I just don't want to fall into the appeal, NOD, sydrome, it to stressful for me
I want to get some counseling with a PTSD group, this what I need. I have talk about it ver little
it time to let some of it go through conversation, the memory will always haunt me
i cant speak for anyone else but after 20 yrs of avoidance, control, etc. group and individual has finally started making a dent in my emotional state. i was able to admit some awful things about my behavior over the last 2 decades, too. it hurt to come to terms with it but at the same time, i owned it. and to me, that equals control. i like being in control. so, over all it has taken a year for me to even see some relief in ptsd group and individual therapy. now they want me to try CPT in addition to these other two. apparently its supposed to make u relate ur feelings to ur actions or something.
i hope u get the counselling u need and want. have they not assigned u to a counselor or group yet? stay on them. stress how much u need it.
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wow - never made the correlation btwn bi polar and ptsd. but i do sometimes wonder if i am not bp. one day im up, the next im down. i have a friend who is bipolar and ive discussed it w/ the doc and im not. thankfully, i skipped that snafu with the va.
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ive had time to calm down and divert my attn from today's session. i know this therapist has my best interest in mind and is only helping me.
u have all had some great input here for me. and i should have been more prepared for what she told me just from simply reading other posts thru out the forum. but, sometimes with this life sentence of ptsd, u just cant control the emotions sometimes. or at least i cant as of yet.
and carlie - u hit the nail on the head with me. LABELS!!! omg! labels scare me to death! im working to over come that part. hopefully, i'll be over it by the time my letter comes telling me im rejected or sc'd!
thank u all for being so level headed for me :P
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no, larry, i know she has my best interest at heart. she is just trying to give me a heads up on what to expect. i guess in an effort to minimize the impact if/when it does happen. im not angry with her. im angry with the process. she sd it was pretty standard to reject the initial claim. its frustrating that we have to fight so hard for the help we need.
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had the 3rd and final appt today for ptsd eval. told her i mailed off my claim last friday for ptsd and she told me "dont be upset if they reject it. on ur final mhc appt, they sd u had adjustment disorder." im furious!!! first, im diagnosed ptsd after the mst, then 1.5 yrs later after absolutely no treatment, they say i have adjustment disorder??? u know, im starting to think i should have just drudged on being bat shit crazy! the more i get into this claim business, the more hacked off i get! she did also tell me that she has my file marked ptsd so that should help and she would do what she could for me. and she wants me to do CPT or something like that on top of the ptsd group and individual i already go to. isnt that a bit overkill? or is this really necessary? im on the verge of an anxiety attack from all this. i get 2 steps ahead and get drug 10 steps back.
just had to vent for a minute....now im gonna go cry!!!
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u know, ur right, jbasser! they r jealous that we were able to do something they werent. a few months back, we were at gymnastics and my fiance came up to watch mollie with me. he is a coastie and was in uniform. a woman up there went on to snottily (i made that word up :P ) say her hubby was coastie reserve and how much she hated it. he had a family that he needed to take care of, she didnt have these kids alone and he needs to blah, blah, blah. i try to smooth the tension and ask rank, etc. she flat out told me she didnt care, didnt have a clue and didnt want to know. i was so irritated with her. i briefed her up one side and down the other and told her the usual u should be proud, etc. not to mention her husband didnt have the combat commitment the other 4 branches have. she steers clear of me now.
fortunately, im a full time student and get to be home for my child and soon to be step kids. since i just filed my claim, i havent got IU or anything yet but we can always hope.....
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i agree with u both! im going to close my account on that forum after i give them a pc of my mind! not a big pc cuz i need what little i have left :P
purple - ive done the same thing. once at a pta meeting. man, that was horribly embarassing! i hate being in groups of people, too but like u sd, being a single parents calls for us to endure it sometimes.
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i joined a "mommy forum" some time ago. i enjoy talking about the kids and all that stuff but sometimes, those katty women get my goat! my anxiety gets so out of control i just start to cry! i didnt participate for almost 2 yrs cuz of that. seeing how im medicated now i thought i would give it another round. well, that was just stupid on my part.....my 10 yr old wants to try doing a pageant. her idea, not mine! i dont think she needs anyone to validate her beauty. but, as a good parent, u encourage ur kids to go their own way with ur guidance. so, i posed the question "how do u find legitimate pageants?" omg! u would have thought i was offering my child for sacrifice to the gods!!!! i got beat up verbally! that made me think, i have problems dealing with alot of parents. i just dont care for their condescending attitudes and like im beneath them bcuz i was a single parent for so long and a veteran. yes, a veteran. ive had them snarl their noses at me when it was mentioned.
do any of u have issues dealing with other parents specifically? if i know i have to deal with a group of parents, i immediately start with the anxiety/panick attacks. i dread the weekly gymnastics classes bcuz of this.
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Citation Nr: 0102100
Decision Date: 01/25/01 Archive Date: 01/31/01
DOCKET NO. 99-22 315 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in St. Louis,
Missouri
THE ISSUE
Entitlement to service connection for sleep apnea as
secondary to service-connected post-traumatic stress disorder
(PTSD).
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
Richard A. Cohn, Associate Counsel
INTRODUCTION
The veteran served on active duty from April 1970 to December
1971.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from an August 1999 rating decision of the
Department of Veterans Affairs (VA) Regional Office in St.
Louis, Missouri (RO) which denied service connection for
sleep apnea as secondary to service-connected PTSD.
FINDINGS OF FACT
1. The record includes all evidence necessary for the
equitable disposition of this appeal.
2. There is competent medical evidence linking current sleep
apnea to the veteran's service-connected PTSD.
CONCLUSION OF LAW
The veteran's sleep apnea was aggravated by his service-
connected PTSD. Veterans Claims Assistance Act of 2000, Pub.
L. No. 106-475, 114 Stat. 2096 (2000); 38 U.S.C.A. § 5107,
38 C.F.R. § 3.310(a) (2000).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The veteran attributes sleep apnea to his service-connected
PTSD. The veteran does not contend that he incurred or
aggravated sleep apnea during service and there is no
evidence of sleep apnea or other sleep disorder in the
veteran's service medical records SMRs.
Procedurally, this appeal is developed fully and ready for
Board adjudication. The RO has verified the veteran's period
of service; there is no issue as to the substantial
completeness of the veteran's application for VA benefits;
the veteran has undergone VA examination pursuant to the
application; the RO has requested and associated with the
claims file all available service and postservice medical
records pertinent to this appeal; VA is unaware of other
unrequested records pertinent to this appeal, and; the
evidence is sufficient to permit the Board to proceed with
appellate review. See Veterans Claims Assistance Act of
2000, Pub. L. No. 106-475, 114 Stat. 2096, (2000).
A veteran may be entitled to service connection for a
disability under either a direct or secondary analysis.
Direct service connection is warranted for disability
resulting from disease or injury incurred or aggravated in
service. 38 U.S.C.A. §§ 1110, 1131 (West 1991); 38 C.F.R. §
3.303 (2000). Secondary service connection is warranted both
for a disability caused by a service-connected disorder and
for a disability aggravated by a service-connected disorder.
38 C.F.R. § 3.310(a) (2000). In the latter case,
compensation is limited to the extent to which the service-
connected disorder increased the severity of the secondary
disorder. Allen v. Brown, 7 Vet. App. 439, 448 (1995); Jones
(Wayne) v. Brown, 7 Vet. App. 134, 136-37 (1994). A service-
connected secondary disorder becomes part of the original
disorder. 38 C.F.R. § 3.310(a).
The veteran is a decorated former Army combat soldier whose
PTSD has been service-connected since July 1995. SMRs
include no evidence of a sleep disorder in service and the
veteran claims none.
VA medical records confirm that the veteran underwent sleep
studies in February and October 1998 from which he was
diagnosed with sleep apnea. A VA psychiatric progress note
from February 1999 briefly reviewed the studies' findings and
applicable research and concluded that PTSD and its treatment
"in all probability has aggravated the obstructive sleep
apnea." The note further states that "it is certainly as
likely as not that this veteran's sleep apnea is directly
related to his PTSD." The VA physician who examined the
veteran in July 1999 identified two likely causes of his
sleep apnea: enlarged tonsillar tissue and obesity. The
physician found no etiological connection between PTSD and
enlarged tonsillar tissue. However, he acknowledged that
"an argument could be made" linking the veteran's obesity
with PTSD although the veteran's medical records did not
include another medical opinion to that effect.
In the Board's judgment the record presents adequate evidence
upon which to base a finding that the veteran's PTSD
aggravated his sleep apnea. The opinion expressed in the
February 1999 progress note is neither ambiguous nor
equivocal on that point. The July 1999 examination report is
more tentative -- finding only a medical possibility of
attenuated causality under a different rationale.
Nevertheless, the July 1999 opinion does not refute the
February 1999 opinion, and it is well established that VA
itself may not refute expert medical conclusions in the
record with its own unsubstantiated medical conclusions.
Colvin v. Derwinski, 1 Vet. App. 171, 175. (1991).
Therefore, absent medical evidence actually denying a causal
linkage between PTSD and sleep apnea in this case, the Board
reads the two opinions together as providing, at minimum,
evidentiary equipoise which must be resolved in the veteran's
favor. See 38 U.S.C.A. § 5107(
. Accordingly, the Board is constrained to find that service connection for sleep apnea
is warranted here under a secondary analysis. See 38 C.F.R.
§ 3.310.
ORDER
Service connection for sleep apnea is granted secondary to
service-connected PTSD.
WARREN W. RICE, JR.
Member, Board of Veterans' Appeals
sharon - u sooooo rock for finding this!!!!! thx so much.
larry - i have printed this out.
thank u guys!!
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purple, ur right. i did admit it was my own fault. i put the alcohol and food in my mouth without anyone holding a gun to my head but at the same time, i would have never had that if i didnt have ptsd. i never sd i expected the va to pay for it but if it is determined to be secondary to the claim of ptsd (which i have been diagnosed with) then ur darned tootin' i want them to pay for it. like john999 sd, if other addictions can be secondary why cant an eating disorder? wasnt intended to ruffle ur purple feathers. this is a forum to learn and guide others. and if nobody has posed the question of whether or not its going to fly, then im going to claim it and see what happens. its not a frivolous claim at all. it has merit. besides, the worst the va could do is say no and decline it. if that happens, then i will inform others on here and its a done issue.
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The problem, as I see it, about lapbanding is the fact that there is NOT enough psychological preparation (or weeding out) of the possible "candidates" for the proceedure.
The Wife's step-sister had the procedure. She came home, had a big ole greasy hamburger and a pound of french fries fresh outta the Fry Daddy, threw it all up, and made some fresh ones and tried to eat them again. After repeated attempts to consume the same quantities of food as before the lapbanding, I am happy to report that she has succeeded in gaining another 50 lbs, which brings her up to a Grand Total of 375 lbs. And she is convinced, and has managed to convince the rest of her absolutely grossly obese family that her "failed procedure" is THE DOCTOR'S FAULT........and she'll NEVER GO THROUGH THAT MESS AGAIN!
omg!!! i am nowhere near close to that! its funny how some folks try to blame everyone but their own actions for their weight. i know mine is from years of drinking and improper diet to to avoidance, etc. i did find out that the mphs va does both gastric bypass and lapband but was told i dont qualify cuz im not fluffy enuf! oh, and he put down obesity as a claim on my ppwk today. so, i'll let u guys know if they cover it.
. Accordingly, the Board is
Finally Submitted It All....i Think.
in PTSD Post Traumatic Stress Disorder Claims
Posted
im going to double check everything and send my own copy in. i just needed his signature. it will all be over soon