TNengland

Thank you for your insight it is much appreciated.

Your advice in the past has helped tremendously and I thank you for that. I now need your guidance once again. On Friday December 2nd, 2016 I went to the VA outpatient clinic in Knoxville, TN for a follow up on, what I thought at the time, was an sprained ankle. My Primary care manager never asked about my ankle but went straight into questions about my depression and PTSD. This immediately puts me in a negative thought pattern mode and she recognizes this and continues further with questions if I want to harm myself. I answer "no" to all questions about harming myself or anyone else at any time. I also answer questions about my past suicidal attempts, which happened nearly seven years ago and at a very low point in my life. She then suggests that I speak with a social worker and that she would find someone available to speak with immediately. The social worker also asks if I had plans of harming myself and I answer "no". She recommends therapy and medication as possible solutions to help. Shes then asks more questions about my PTSD and now I feel that she is trying to have me involuntarily committed and I start showing signs of mental degradation. I have been committed before , and with warrant the first time, but this time I didn't feel it necessary. I must add that I fear being committed more than any of my PTSD fears . She then asks me "what would make you better then?" I answered "death" because I know for a fact that my afflictions have no cure. She , without question about my answer, has me committed. I never meant for that answer to suggest that I would actually harm myself. I then get paraded through the VA facility by police escort and taken by ambulance to Parkwest Medical . The next 15-16 hours I am put in solitary confinement. I answered questions from the attending physician at Parkwest about the want to harm myself or others, my answer was still "no". Medical records state that I refused two meal trays, but I was never offered a food tray nor water for my entire stay at Parkwest. I am then transported in the back of a police car, handcuffed, to VA Mountain Home in Johnson City, TN, two hours away. I spend the next days convincing nurses, chaplains, and doctors that what I said was a misunderstanding and I never had the intent of even wanting to harm myself or any other. But it was the weekend and the real doctors didn't come in until Monday. When Monday arrived the doctors at the VA psychiatric ward in Johnson City recognized that I was no threat to myself or any other and released me. I was discharged on Tuesday December 6th only to come back to a shattered home. Two kids unable to know the truth about what happened to me. My wife, is let go from her place of employment for missing 3 work days due to having to care for the needs of the children while I was away. And then there is my mental state from all of this, and my new fear of seeking help from the VA. Do I have a legitimate claim for personal injury?

You are a force to be reckoned with Berta ! You offer a safe harbor for many lost vessels and your insight or priceless. Thank you. The appeal was for increase in PTSD , TBI , and IU. My claim for fingers is a separate issue. This is what the RO decided with my remanded appeal 70% ptsd , 50% TBI, 10% tinnitus, and IU granted P&T. My rep returned my phone call yesterday morning and said he would ask as to why the notification stage was dragging on. He called a few hours later and said the RO wanted me to cancel my appeal for TBI and to cancel my claim for finger(s) and that I should send in a letter asap. Rest assured I mailed that letter overnight and they got it this morning. I assume since I have been awarded IU P&T that the TBI appeal didn't need to carry on, along with my claim. Easy way to get rid of an aging appeal and a new claim. I just checked Ebenefits and my letters have all been updated saying 100 P&T along with the commissary letter and application for the identification cards. Maybe soon I will get a BBE and hopefully not long after that, a small reward for my patience.

not over yet it seems. The VARO wants me to cancel my appeal for tbi and my claim for finger(s) before they will award me 100% P&T. so make that 2202+

2,202 days from date of claim to date closed. VA Notice has been sent.

No changes since yesterday afternoon, so I think it may have been a glitch. Which would make sense, the dates were way off and out of order, example : Date of Claim 07/07/2013 Date closed 06/07/2008 now everything is back to normal and in order. On a side note, the notification stage of this remanded appeal is a few days away from being the longest stage. I assume they are having a hard time with their calculator trying to figure out the retro.

I hope you are correct in saying that someone is working on our claims. I checked again just now and the dates have all been changed again, and some don't even make sense. Starting to think something isn't right with Ebenefits.

As I continue to check ebenefits for a sign of an update on a decision I already know has been made. I noticed that dates of Date of claim and Date closed were changing in the Historical claims section. It happened once last night and again this morning. Is this a system glitch? I am hoping it is someone on the other end making changes and hopefully complete this appeal that was decided on 4/24/2014.

Enjoy your new career at the chocolate factory and be sure not to lose your golden ticket. a.k.a. filling out the yearly employment verification form the VA sends you.

No official word from the Nashville RO yet on the decision. Sometimes I think I may have imagined it all and it really did not happen, my wife thinks I have made it all up and refuses to believe me. My VSO said that he mailed out his notification to me last week but even that has not showed up in the mail when usually it is here in a day. I assume the notification stage is taking longer than usual because of the amount in retro and other benefits associated with the decision. I should show more patience, since this claim originated in 2005, but it is very hard to keep composure knowing that I will soon have the official notice and that it will be complete.

Going through the very same thing and Shyne-I is correct.

Great news and enjoy the fruits of your labor.

Tis a great day !

Congrats Hogchick!

Thank you very much Berta. This place and the people that post on here have helped me out more than I can ever repay back. Other Veterans post their claims and appeals, their wins and loses, and most importantly, words of encouragement. You all have kept me going since 2008. Thank you.

UPDATE ! Called my VSO to find out the decision made on 4/24. PTSD 70% , TBI 50% TDIU granted Permanent & Total. Now to wait for the official word.

sounds like a successful story ! Congrats !

Congrats on your victory!

Congratulations Navy04 !

Called my VSO to check on the status of my remanded appeal from the BVA. He told me it is now with the CAVC. How is this possible? The BVA has not made a final decision yet. I am so confused about the sequence of events that has to happen for an appeal, even though I have tried to enlighten myself on the entire path and process of an appeal and even a remanded appeal just to have a good idea. I guess this thread needs to be moved out of success stories.

I started using the DAV at the appeals process.I had already been service connected for PTSD and TBI before getting help with my claims from a VSO. The DAV have helped me better prepare my claims and helped argue my points during the BVA teleconference. They have Contacted the Nashville RO a few times for me, but as for helping me in this situation about retro payment due on my behalf, they are quick to inform me about the process having no time frame and it is common for the RO to wait until the remand in complete to pay anything granted from the BVA. Only after hearing this is when I asked for help from my congressman, in which he told me the same thing. The resolution to my matters is time it seems. Sorry for the delay in my response. I just now saw it. on a side note : I think a congressman could help out in many circumstances, so don't let my negative view sway anyone's thoughts about getting help from their politicians.

The Review Evaluation of Residuals of Traumatic Brain Injury (R-TBI) Disability Benefits Questionnaire and the Headaches (including Migraine Headaches) Disability Benefits Questionnaire were both ordered by the BVA for a remanded appeal for TDIU and higher rating for TBI with headaches. When I go over the schedule of ratings with both of the exams, I find that I should be rated at 70% due to a facet level of 3 on Neurobehavioral effects. 8. Neurobehavioral effects -------------------------- [X] One or more neurobehavioral effects that interfere with or preclude workplace interaction, social interaction, or both on most days or that occasionally require supervision for safety of self or others I also have a question about the Headaches (including Migraine Headaches) Disability Benefits Questionnaire. My examiner notes in my DBQ b. Does the veteran have very prostrating and prolonged attacks of migraines/non-migraine pain productive of severe economic inadatability? [X] Yes [ ] No Here is the schedule of ratings for Migraines Rating 8100Migraine: With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability 50% With characteristic prostrating attacks occurring on an average once a month over last several months 30% With characteristic prostrating attacks averaging one in 2 months over last several months 10% With less frequent attacks 0% Question: Will migraines be added to my appeal and rated separately or lumped together with the TBI with headaches? Thanks in advance.

If it raises your combined rating. If you have 50% PTSD and 10% bone degeneration, that is a combined rating of 55% which will be round up to 60%. Now that they have granted you another 10% for tinnitus the combined rating comes out at 59.5% which also will be round up to 60%. So , I don't think you will get back pay. I could be wrong so don't take my word as a final answer.

Sounds like a victory! Congratulations and well deserved.

God Bless you Marine and thank you for your service. This is one of the best places to find help, not only with VA claims and appeals, but also a great network of supporters. I hope you get a favorable decision.