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WHOLESALE
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In other words it can be done with an IMO or IME.
Frank
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Your friend was wrong......
It's not that simple. You have to put in a claim for it and there are multiple things the VA looks at as far as unemployability. If you left your work because of your mental disability then you have to prove that. You telling the VA you had to quit due to your disability won't fly unless you can prove it. Even then they will need more evidence that you're unemployable.
Nothings automatic with the VA.
Frank
I was just informed by a friend that if you are 70% or higher and are still working, disability will increase to the 100% TDIU rate as soon as you stop working, if you claim you stopped due to your disability. Is this correct? I am 70% for PTSD, 20% for hearing loss/tinnitis. -
I know SS uses MRFC forms for their decisions but can these help with the VA determination?
Frank
The VA puts a spin on things? No wonder I'm dizzy...
For my appeals, my lawyer told me that I will get a IMO for a Mental Residual Function Capacity form, that will then be given to the VA or SS before the hearing. At this point, I trust him because he doesn't get paid unless we win!
Hope this helps,
Louis
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Hey that's great and fast work,
I would submit both reports.
Frank
Hey vets,I got the doctor to change the wording to read "It is more than likely the pathology for which I operated on he incurred in his lifting incident when he was deployed in Egypt. Therefore it is more likely that it is related to his military service".
Hope this will be more effextive.
Blackbird
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JSDW,
There are cases on VA website that grant alcoholism SECONDARY to PTSD. Many Vets with PTSD end up with alcoholism to wash the symptoms away even though is usually only makes the depression worse.
Most of the cases I searched were denied but here's two past awards.
http://www.va.gov/vetapp99/files1/9904655.txt
http://www.va.gov/vetapp96/files2/9610052.txt
Frank
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Purple, thanks for the info...
frank
Is it just test results or is there a letter to go with it explaining how your condition has gotten worse thus affecting your quality of life, etc, etc.If it's just the test results....imo...I doubt they will hold much weight with the VA. But that's just me. You need a good strong letter from the doc who did the testing.
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"it SEEMS to me that it is very likely" is like saying
"it is POSSIBLE to me that it is very likely."
If it is, IT IS. if it's not, IT'S NOT. They just need to just say it.
Doctor made a great point at the end though regarding the DIRECT CAUSAL RELATIONSHIP."
It will be really hard for the VA to get around that one. Direct causal relationship is even better than the doctor saying "is most likely." Pretty much a direct statement which is GREAT for your claim.
frank
I finally got my IMO from the neurosurgeon that worked on my back. I gave him clear instructions on using the phrases "more that likely" or "as likely as not". When the person typed the letter, she quoted the doctor as saying "it seems to me that it is very likely that the pathology for which I operated on he incurred in this lifting incident while he was deployed in Egypt". He also stated that "there is no question in my mind that there is a direct casual relationship between the injury he sustained in Egypt and the necessity he had for an L4 and L5 diskectomy and sebsequent fusion".My question: Will the above be okay or do I need to get the IMO retyped to state "more that likely" or as likely as not"?
Thank you in advance for your reply!!!
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asking for TDIU is also asking for increase.
frank
i am new to this web site. i am new to the computer also. typing with one finger. my ratingfor sc is 90%. i got 20% diabetes, 20%neuropathy in each foot.10%tennitis in each ear.chloracne30% and most recently 20% hjearing loss.and 50%PTSD.i worked in coal mines for 33 years. i was awarded SSD in 2004 for anxiety.which is on my SS report.also it has the 2 major back surgerys that helped caused this. on my C&P it states i was operating a dozer on the mountian when blasting occurred is when flashback started and started with panic attacks.i filed for IU last week with my VSO.he wrote down my old address for them to get my work records.will they send me forC&P? what papers should i send the review board or should i take to C&P with me. what do you think my chances will be? thanks so much for this webb site. -
IU is a crap shoot. file for increase and IU.
frank
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You can write everything down before hand so there's no reason to forget anything. I start with the most troublsome problems first so as to assentuate them.
He will ask how you're doing. Never say "OK" or "FINE." You're not either one of those since you're having an exam in the first place.
One rule I follow bring up your most disabling problems at least 3 times during the exam. That's just a rule I follow so the examiner doesn't forget to put it in.
Most likely, even if you write a letter after the exam, the VA will most likely go by what's in the exam. They will question why you didn't bring the issues up during the exam and figure they must not be much of a problem since you didn't reveal them.
Frank
Thanks all, got the c&p copy and plan to get the 'response' together for submission. The c&p was a 'review' of a recent one, additonal Dr. comments were added and just slam me. In fact, the words used - 'can do sedentary.deskwork, recently worked, has good skills, has done xxx work (namely old jobs military duties), etc..'. Funny thing, military duty/jobs were physically demanding, I was young and haven't done those in decades! I have chronic sc conditions and am on ssdi way before my ssa 'retirement' age.Husband worries responding could reduce ratings. I try to reassure him, things need stated factually.
Cg'up2009!
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Just tell them exactly what you just said here. At 10% I really don't think you need to worry about a decrease. Seems more apt for an increase. Just make sure you point out all these issues in your exam. And make sure you get a copy of it a couple weeks after to make sure he didn't make mistakes.
Frank
I definitely don't think its gotten better, my knee stays swollen and all I do is daily getting up and around, if I walk any distance or run ten feet I can't walk for a few days without limping, going up and down stairs cause problems and thats just the start of my problems. It is such a crap shoot though when trying to get that submitted into evidence during a cp since its what the doc sees at the time of physical and not me on my worse day -
Maybe just a routine exam to see where you're at as far as your knee disability. Hey, if your knee has gotten worse you might get an increase.
It wouldn't be in their best interest to schedule an exam anyway since it could trigger an increase.
I really don't think this would be a delay tactic since they don't need this as an excuse to delay. They can take as much time as they want anyway. They have many more excuses they can use such as, "the claims are backlogged."
Frank
I am rated 10% left knee and 30% depression. I applied for increase in rating for depression and also bilateral hearing loss with tinnitus. I had both the psych cp and hearing test back in April. Yesterday I got a letter from QTC for a left knee CP in two weeks. Why would the VA schedule a knee exam, when there was no request for increase for my knee? Is this a delaying tactic by the VA? are they trying to bury me in paperwork? -
Also, the last name of the doctor is usually on your appointment letter. You can go on the VA website and see the list of doctors for your area and their specialty. Here is the site for the san diego area. Not sure where your at.
http://www.va.gov/providerinfo/sandiego/meetstaff.asp
I guess you can just replace the city where you're at in place of san diego.
Frank
Call the C&P Office at your VAMC - they will tell you whether it is mental, general etc.... and the doc's name. At least they do at my VAMC -
I don't understand. This is for sleep apnea, not obesity.
Ok, I see it now...
Frank
Citation Nr: 0102100Decision 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
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I called the 1-800 number and they told me the wrong reason for the exam. I then called the comp&pen office at my regional office and they told me what it was REALLY for. Not sure if the person on other end of 1-800 was ignorant or they did it on purpose. I would just call your local office where your comp&pen is to get the correct answer.
Frank
I received two letters for C&P exams on two different dates. It doesn't state what they are for. One is on the floor that I go to for my PTSD meds so I would figure thats what one is for. The other could be for one of two other claims that I sent in. How will I know what this if for, can I call up and check. Both exams say to bring all your meds with you. Its all the computer at the VA which meds I take, no big deal. I would not like to walk into an interview and be blindsided and not know whats going on.Bill
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Yep, you have to go through a class first and you have to be "not too big" for the procedure. I had a friend that went through it but he opted out at last minute since he couldn't lose enough weight for the procedure.
Frank
Yup, Pete is correct, the VAMC Dallas does, apparently, a LOT of lapband procedures.Go to your VAMC and ask about the MOVE program. It has something to do with the weight loss program and the surgery.
I went to one meeting.........the gal that was head of the program was 5 ft (in any direction). I figured that if she was the "leader of the band" then I darn sure didn't want to wind up playing the trombone!
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I have a GI consult this Monday for chronic diarrhea/IBS.
Frank
Found out my GI Clinic consult was approved...I had to call to ask. So I called for an appt.Told them I am in extreme pain most of the time and that the ER gave me Vicodin for the pain; they said the first available appt they had is Aug 6th. Are you kidding me????
2 more weeks of this crap???
Oh, and they reminded me that it's "just a consult" and that I'll only be "talking to the doctor" that day.
i.e......nothing will happen.
OMFG.
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requesting a DRO review might speed things up.
Frank
If your going to do your own NOD, you can write it like this:I wish to file a notice of disagreement with the rating decision dated (MM/DD/YYYY).
I wish to appeal the following issues:
(List the issues by the number they were listed by the DVA and what percentage they rated your for or if denied, list that)
Ex:
1. Sleep Apnea, currently rated at 30% disabling,
5. Bilateral Hearing Loss, currently rated at 10% disabiling,
10. Headaches, currently denied.
I wish to have a Decision Review Officer (DRO) adjudicate my appeal.
In support of my claim, I am providing several 21-4142's. These records will describe the nature and severity of my issues. When not going to the doctor, I have been using conservative measures (to include over-the-counter medications, heat, exercise and when necessary - ice).
I wish to elect to have (either no hearing, a hearing - in person, or a telephonic hearing).
If necessary, I am available for an examination for rating purposes. Your attention to this matter is appreciated.
******************************************************
Having done several hundred of these claims, this is a generic appeal. Though the fax number I'm providing is for the regional Office in Roanoke Virginia, once the appeal has been sent in (keep the fax receipt to prove you faxed it in on a timely basis), you will have perfected your appeal. You can fax it to (540) 597-1792. I hope this helps.
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Your worrying will soon be over hopefully. I'm praying for you.
Frank
I'm a nervous wreck as IRIS said the decision on my claim has been made and I should hear something this weekend. I'm nervous because my DAV person told me earler this week that it was being rated, yesterday I was told by a VA person that the rating was completed and it was in Post Committee (Determination) and would be completed 0-4 weeks. I called again today and was told by another VA person that the decision had been made and would or should receive the decision in the mail this weekend. What concerns me is that it takes them almost a year, and then all of a sudden in a week everyting seems to happen!!BIG O
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John, that would mean the doctor would have anti-social traits right?
I think calling him dumb is being too nice. Yeah, these doctors can really manipulate these test to their advantage. I would recommend seeking out a forensic psychologist or psychologist that will do these same tests. You of course would pay them and you wouldn't have to worry about them manipulating the tests for alternative reason. Then the VA will have two tests so as to possible get the benefit of doubt in your favor.
I would seek this out since this doc did you wrong by putting that anti-social axis II in there. The VA doctors know how the VA interprets these diagnosis unfavorable for the vet.
Frank
john999' date='Jul 24 2009, 08:41 AM' post='156485']
If a dumb VA doctor with a hidden agenda to deny compensation interprets it you will look like Charles Manson. I am not kidding.
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Draggin,
Anti-social does not mean shy or quiet, as it is often used. It literally means against society. An example of an anti-social trait would be fantasizing about hurting people and/or institutions that you feel have wronged you. Examples of anti-social behavior would be making bombs and sending them to people in the mail or taking a gun to school and arbitrarily shooting people in an effort to tell society that it has some error.
The way you answered some questions on the MMPI, etc tests scaled this result.
Frank
"What are the anti-social traits he is speaking about?"
All I got from that is that it was "difficult for me to build rapport during interview" and that I'm "mean and controlling with wife and children". I don't hang out with friends a lot...I stick with family. I'm depressed and embarassed (seriously, I've gained a lot of weight) because of how I am right now. I feel very anxious and don't want to deal with any additional crap...this whole VA thing is BS enough...guess this makes me anti-social???
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Probably picked up the anti-social traits from the test (MMPI,etc). The VA will pick this apart since he said PTSD accounts for only 30%. This leaves a lot of room for interpretation.
Frank
That is the strangest C&P exam report I have seen for a while. OCD with anti-social traits....? What does that mean. OCD is a mental disorder, but anti-social traits point to a PD. I don't understand how this guy breaks down the GAF into parts. PTSD is the main Axis One disorder. I think the examiner is trying to leave room for the VA to make a PD diagnosis to account for some of the vets problems. The exam doctor is equivocating and that puts his whole exam in doubt. He says the alcoholism and OCD are not part of the PTSD diagnosis. That is strange and does not really make sense. What are the anti-social traits he is speaking about? -
Yes, he's doing a full evaluation with IMO and said he will complete it by next Thursday. Said he would call me to come in and review everything in the evaluation.
Frank
Is it just test results or is there a letter to go with it explaining how your condition has gotten worse thus affecting your quality of life, etc, etc.If it's just the test results....imo...I doubt they will hold much weight with the VA. But that's just me. You need a good strong letter from the doc who did the testing.
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July 8 is your claim date but payment always starts on the 1st of the next month. Even if you put in a claim on July 1st your payment would start on August 1st.
Frank
Ah. My VSO told me that it would be retroactive to the date of the informal claim (July 8th). It's not a ton of money and it's mostly that I was surprised by the amount and started trying to figure it out.Thanks for the help
Cognitive & Mental Health Tests
in VA Disability Claims Research
Posted
Thanks