Michellee

Just an update on my incompetency issue. It was all resolved in my favor and I was deemed competent. I submitted progress notes from MH provider and proof of accounts that I handled solely as well as a hand written letter from my spouse with a little background on how we handle our finances. I did not discuss any mental health issues. I did send in copy of couple of credit card accounts and my Roth savings account. Meanwhile awaiting the decision I took the advice of Berta and Jim Strickland. Thanks for all the encouragement and support Carlie and Berta. God bless you.

I know how you feel one time I had a PT person to do an evaluation for a power chair keep in mind I had already been in a wheel chair for about 7 years. I got a copy of the evaluation weeks later and this knuckle head put in the report that I walked 50 feet around the room. What was so funny about the darn the thing if you saw the size of the room there was no way I could have even walked 50 feet unassisted and with a walker. When I called back up to PT and spoke with his supervisor and him. He stated that he may have made a mistake. There was another veteran there for therapy the same day I did my evaluation and he didn't know I knew that person as well. So I asked that veteran to write what he saw me do and I wrote what I did and gave it to the PT guys supervisor in writing. He stated he could not change the record but that he could amend it some how. I went back and pulled again and he gave some half azz report that somewhat stated he may have been mistaken but on the phone he told me that he may have written about his other patient right before me. Yet he didn't restated that in his amendment. I had to end up getting my doc involved and my regular PT person I work with that could attest for my function and history. I finally got the power chair with delay because of this. So I feel you on this subject. Not exactly the same but the moral pretty much is. That's why I tell people after any sort of evaluation always pull the record.

Well personally I have had a good experience with Atlanta Regional Office. I mean overall yes I have had to play the waiting game. Like any other regional office. But my claim has always been handled I thought in sufficient time. The longest I had to wait once was 18 months. The shortest I had to wait was 9 months. Every time I have had to call to check on claims they have been very professional, polite and helpful. No, it hasn't been easy but Atlanta Regional I think works hard and tries to get claims out as quickly as they can. Currently, I have an incompetent issue pending and I am working the appeal process. I just sent me stuff in and have more evidence to send in and I am sure it will be worked out. They are usually pretty fair and seem like they will give the veteran the benefit of the doubt if your claim is well founded and enough evidence is provided. So you have to make sure you develop your claim as much as you can before submitting it and it usually will cut down on some of the wait time. Just my opinion.....from a very competent veteran.

Wow, Carlie, my eyes are popping out my head for you. Big Congrats. Happy Holiday. Okay so what did you buy?

Congrats, and happy holidays.

No I don't think so. It's funny that now when I read that old award letter and how they referred to my claim for my back and neck when I was medically boarded from active duty for my lower back and foot from my accident. Then turned around, corrected themselves and gave it to me. That's why you shouldn't give up. Sometimes it's how we initially present it. I guess....

Congrats!

I sure won't

Thanks guys for your support. I have been torn up about all this. So many mixed feelings and I don't sleep well, very tired and anxious. Thankful for the other ratings besides the proposal. I am done as far as claims. I just don't have the patience left. I will be fight the proposal as long as I can. I am not getting rid of my guns. I am going to do like Pete and Tbird and Berta says, I will need to present my case and what I am able to do and that's it. Jim Strickland site has been a Godsend. It has not been an easy road getting to get to this point. I have been traveling down this road for over 10 years with my claims. So by no means think it was just that easy. I have been in treatment for MH, I have been hospitilized. I have attempted suicide several times in the past and almost succeeded. I have blacked out. I have caused harm to people even those I love and the law has gotten involved. I never meant any harm. I have been in and out of the VAMC for physical problems as well. So it has not been easy. I am doing much better in my eyes and managing. Today is a good day. Thanks again. As far as the name thingy in my previous post. I don't care one bit and he will burn in, well never mind. If it bothers you don't read it.

I thought you could only have one Mental health rating? I was always 30% for MDD after a C%P in Apr 2011 I have received claim results that my rating is now PTSD at 100%. I am very confused about all of this including the proposal for incompetency. Believe me I am not complaining but it just doesn't seem possible. Why would I be rated for PTSD as a result for increase of my MDD? I don't understand the diagnosis and how a C&P examiner can cause my diagnosis to change when the VAMC has been treating me for Major depression. I don't understand the proposal for incompentency either. None of this makes sense to me. I asked for an increase for my MDD, I didn't realize they were going to switch it or that they could.Lets see am I fell in a 12 foot hole just about broke my neck several years before that, I was raped by SSG Dequental in the barracks across from mine. I got Gonorrhea as a result which I had to get a shot. I was new to the barracks was only 18 years old virgin and had only been there 3 months when this happen. (One incident has nothing to do with the other) Oh the only thing that happen to this Unit Star Athelete was he was immediately transfered after I told my OIC which when the incident came to light, of course he denied. All they had to do was test the infant. No charges or police was notified. I was in Germany. First duty station. Years later during I fell in 12 foot hole while on active duty, with some other soldier there is accident report. I submitted it to the VARO and I was medically boarded out as a result of the accident. So I have some issues, I will admit that. I have several thoughts going on at once. Some days I just cannot get out of bed and I make everybody's life miserable. I don't know what its like to be without physical pain. I have days where the echoing in my ears go on for days and drives me nuts and then when I pick my head up feels like the room is spinning. I have days where I can't even lift my head up from the migraine. Every day is a struggle in some form or fashion. I am not rated for any ear issues or spinning room issues. I just mention that to show that I have alot of physical issue going on and yet they increase my MDD to PTSD and then the rating. So I am confused the more I think of all of this. I have foot drop and they deny my loss of use. Yet they gave me housebound. I am just confused as a bed bug. I will never again file for anything in this life. It's just to much for me to deal with. After I go through this incompetency issue. I am done. I am confused and anxious. Should I be?

Yes Teac, I actually am perscribed 600 mg every 8 hours of this medication. I still have really bad spasm and and can feel them in my arms and legs. However, it's a lot better than what it was when I was not on this medication. It was way more painful and debilitating. There would be times I couldn't move my legs for hours the cramps were that bad. Like a supersized jolly horse on steroids. Sometimes it would start in my bottom cheeks and go all the way down to under my foot. So the drugs do offer a big improvement. The only bad thing is the drugs make me very groggy and does affect my concentration quite a bit. Things like forgetting I turned the stove on etc. Forgetting I turned on the bath water. So you need a good PDA and lots of reminders and alarms.

THIS IS AN UPDATE RECEIVED CLAIM BACK SATURDAY IN MAIL. Dear Carlie, Phillip Rogers, Berta, John and others whose input has really helped me along the way with this. I want to thank all of you for your help. Also I am somewhat in shock as to some of the results of my claim. I did not cue. I filed for increase on my S/C MDD, PTSD, I filed for increase on my S/C foot drop, I filed for increase on S/C hip which resulted in shorten leg from bone infection in hip., I filed a new claim on my cervical neck and all the diagnoses from VAMC docs/MRI which the neck was ongoing since presumptive period after medical discharge. Keep in mind I am already 80% TDIU. Results from claim is Foot drop went from 20% to 30%. Hip remained at 10%, Neck (Cervical) is deferred. (Not sure why). MDD/PTSD went from 30% to 100% and now they want to propose INCOMPENTECY. They also added a SMC S for housebound. I did not get an SMC for the foot. I AM IN SHOCK. NOT SURE WHY AND I AM NOT INCOMPETENT IN ANY FORM OR FASHION. NOT SURE WHAT HAPPEN WITH THAT. So I will request a hearing and mail it out tomorrow and send in a rebuttal. My husband and I are good stewards of our financial affairs. We have no lates with our bills. We don't gamble. We have two children under 13. Our kids are taken care of. We own our home and have no lates on our mortgage. I vaguely remember the C&P doc asking who handles the bills and I thought she was asking as in do I have a good support system and I may expressed that my husband does the bills does the majority of the bills. That is by choice not based on any incompentence. I was running a fever that day and found out later on that day. I was sick I was taking an over the counter med for UTI which I get alot. Month later the infection spread to my bladder and I was almost admitted to the VAMC. I refused my PCP was not happy with me. So there was alot medically going on and I can't recall what all was said or done. I know I was very lethargic during the appt cause I was sick as a dog. I agree I do have some issues and its a daily struggle for me but I am not incompetent and I order my meds online and I pay my bills online and some are automatic monthly. I do this so I rarely have to leave the house. I have alot of anxiety and things happen. So why the proposal, not sure. I will attempt to straighten it out though. Well this isn't doing my anxiety and depression a bit of good and I am happy about some of the results but that part just soured it. If you know what I mean.

This same thing is happening to me as I write this. Obama01 how has things turned out for you. Did you have to pay your attorney and what did they do for you? Also I sent in a letter from myself and my spouse and requested a hearing also sent them a NOD with proposal for incompetency. I too did not see the question coming. The question was asked who handles the financing and I was sick that did more than usual fighting a bladder infection and running a temp 103. I was lethargic and wanted to get it done and not even thinking just told her that my spouse takes care of things with out having to go into detail and that simple answer was written down that I am unable to handle all financial affairs. A 15 min C&P that's all it took. Now I am fighting this and believe me it's not going down without a fight. Just wondering how it worked out for you. Keep me posted.

I did go from 20% to 30% and they notes the seriousness of the foot drop which they agreed in the award letter that I suffer from foot drop. Now anybody that has severe foot drop knows how much function your left with is usually not enough to propell yourself forward without dragging or falling.

Agreed, but what it shows you is that "WHAT WE THINK AND WHAT THE VARO DOES ARE TWO DIFFERENT THINGS. This is the second time I have been down this road with them. My point is just because you have foot drop it's not automatic by no means to get LOSS OF USE." I can scan my award letter so you can see the exact wording. They used the quote that says it has to equal to that of an amputee. They also said that the this time the C&P examiner noted that there was no difference in temp. However if they had pulled the records from the podiatrist at the VAMC it would show that there is progress notes stating just that and that was the evidence that I submitted originally. So go figure.

Not necessarily, I have foot drop and spinal issues lumbar, cervical and left hip and bilateral sciatica in both legs, residuals of injury to left foot and I have left foot drop. The podiatrist or PCP at the VA has yet to tell me what is causing my foot drop. They treat it and I have all sorts of prosthetics. Yet the VA most recently increased my foot rating from 20% to 30% and said although it was severe that 30% was enough for severe symptoms such as foot drop. They denied my loss of use of that foot and although it is not equal to that of an amputee. I have loss of use as with function. My foot stays swollen, different temperatures, and dropped and in severe stabbing pain when I attempt to weight bear at all on it. It is also partially numb and feels like half of my underfoot is asleep. So between the numbness and pain and loss of function, I still did not get any special anything (no K) and I did get 30% and stated for severe symptoms. I drag my left foot and left leg If I attempt to step just two steps, the leg is very weak. So not necessarily that with foot drop they will automatically give you loss of use or 40% or special K.

No you can't. I have ask the same for the last three years from the the VA eye doc who perscribes my glasses and he had this long explanation to give. So basically he stated the VA doesn't do contact. That is what I was told. Anyone with different results please chime in. But that is what I was told. I am 100% P & T and that didn't matter either. So I guess they are saving money that way.

How could you consider this service connected? I am lost. This has nothing to do with his military service. Geeze this is truly an example of how hard its getting out there. Does he have any other issues related to the military or caused by his service? Even if the military treated him for it while he was in service does not make it service connected. Def donot turn that letter in because if you read again it flat out says its not military related.

Just doing an update to an earlier post I think I posted a year or two ago. I wanted to see if anyone lately or last year or so got rated by the VA for this condition and how the VA treats it. My hubby got believes he acquired his condition through a traumatic event that hit his head after falling off of an duece truck in service. Well he has never applied for a rating but would like to pursue this condition as it is causing him alot of problems. His brain has shifted down into his neck area and they have told him that it would required brain surgery to fix. He has not come to grips I think with the whole sitiuation nor has elected to do any surgery to his brain. He has the WHAT IFs and I can't say I blame him there. So if any of you have ever applied and received a rating I would like to get an idea of how difficult it was or what kind rating. Since it is considered a rare condition I wonder if the VA is accurate in their rating scheme or how the ratings are applied accordingly. My hubby was doing alot of research on the condition has stopped about six months ago when since has become very depressed over this diagnoses via MRI. He helps me so much with my mobile limitations and medications and daily living, even when I fell into the bottomless pit of dispair he saved my life I couple of times in the past. I don't know what I would do with out him. So I am trying to help anyway I can. Thanks ahead of time for any input.

I agree with the statement someone made about the appts wait seems to be based on your percentage category. I think the higher your percentage, the higher the priority for your appts and also if your service connected versus not service connected. Not absolutely sure but it just seems that way from my experience and talking with other veterans.

I wore one for over a month and I have the progress notes here with me of the results. Basically, it's so sensitive it picks up everything. Mine was very unclear due to what the specialist described in his notes as alot of artifact. occasional low rates and PVCs. So they advised if my problem continues to have it requested again. It didn't show any problems that required immediate attention. So I didn't pursue it. However I still continue to have chest pain every now and then with dizziness and irregular heart beats that I always get my husband to verify by feeling it. Then I go lay down until it resolves. Sometimes alot of activity will bring on these episodes as well. A better test for me probably would be a stress test. Sometimes our medications can do a number on us too. I wonder if back issues or spinal chord issues can cause heart palpitations or chest pain? My PCP had requested it because coincedently I was at the clinic for an appt and they took my vital signs I remember having a little discomfort in my chest but usually it was worse than that however, when they took my pulse it was around low 40s. They did do an ekg to validate and it was around 38 so they took me to the ER and gave my oxygen and did some blood work everything check out ok and my pulse eventually went back up to high 50s low 60s and few days later my PCP called and explained he want me to go by the heart clinin and get the monitor. So thats how I got to try the monitor.

Appears that the VA is moving on my claim pretty quick. I was contacted by QTC of some evaluations for everything I put in for in reference to my increases. The only concern I had was why no eval was ordered for my neck when I called the 1 800 # they said that the VA doesn't always have to evaluate via a outside medical opinion if they feel they already have enough on record. So I hope that was the rater's thinking as I was told. I don't think I will get to keep the original dates though. They told me that it was already decided at that time and that I did not appeal so it closed out. So there is no hope for a cue, I guess. They just did not have enough evidence that a problem existed at that time and I didn't push the issue. So anyone reading this learn from my mistake. I should have been more persistant about my neck injury and followed up. Just because I didn't understand the process is not thier CUE. So I am going to have to live with reopening it from here with the new evidence, nexus, and treatment records. I can still show them I have been suffering since that date from that injury as just evidence of progression to reopen. Thanks for everyone's help.