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jhilly
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Posts posted by jhilly
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I had my interview with the DRO this week. He didn't do anything but watch and listen to me. Although he did make one comment about service connection for my teeth, nothing about the other 5 items...
I got some help with what I wanted to discuss with him but when I got there my DAV rep did not want to see what I had.
I found several CFR's that showed proof that my claim wasn't processed correctly. Do you think I should put it in a letter and fax it so it can be considered before the DRO decides on my appeal??
My DAV rep seems to think that my anxiety should go from 30% to 70%. She also said if I get an IMO from my doctor for my knee and back then I should be granted my service connection. In listening to her it seems she has some inside info about what the DRO will do...do you think I should trust this or send the info on the CFR's???
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yes, I have gained 60 pounds ...
Did you experience any weight gain? That's often associated with OSA.
Like Pete said, key is getting a doc to tie it in somehow, if that's the case.
Best to research other cases where it's been awarded.
Here's a vet who got 50%
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As always this group comes thru :)
Pete,
I am getting buddy statements together now...
The TBI test was not a C & P but a VA doctor at my local clinic who handles TBI injuries..
I am waiting on the progress notes from the doctor that did my sleep study. I paid to go see him but he works part time for the VA..I asked him point blank "Are you saying this could not have happened to me in Iraq"/ His answer was and I quote "there is no way to prove that, it's like saying I can say your my friend but I cannot prove that you are not" not sure what that had to do with my question..he went on to say "it's gonna be hard to prove this happened because you went to Iraq"..so I think I have a claim....
Thanks again everyone...Im gonna use y'all's advice as always :)
"I filed a claim for service connection. "
For TBI, PTSD and OSA?
"I had a TBI test done recently and I thought my examiner said TBI, PTSD and OSA were related."
Was this test part of any C & P exams?
"Also, people in my platoon started telling me that I started snoring very loud and was waking them after awhile."
Have you attempted to try to get any buddy statements?
"My PTSD doctor was able to get me a sleep study thru the VA" Has this doctor documented anything that would support a relationship between your PTSD and the OSA?
"I was hoping to get a IMO from ]the sleep specialist that my doctor referred me too, but he is now saying that I had to have OSA prior to my deployment to Iraq. I asked him "is there anyway that this could NOT have been caused by my deployment; and he told me "it's hard to prove your deployment caused this".
I dont know how he could determine that. Did he state this in the sleep study report?
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"I filed a claim for service connection. "
For TBI, PTSD and OSA?
"I had a TBI test done recently and I thought my examiner said TBI, PTSD and OSA were related."
Was this test part of any C & P exams?
"Also, people in my platoon started telling me that I started snoring very loud and was waking them after awhile."
Have you attempted to try to get any buddy statements?
"My PTSD doctor was able to get me a sleep study thru the VA" Has this doctor documented anything that would support a relationship between your PTSD and the OSA?
"I was hoping to get a IMO from ]the sleep specialist that my doctor referred me too, but he is now saying that I had to have OSA prior to my deployment to Iraq. I asked him "is there anyway that this could NOT have been caused by my deployment; and he told me "it's hard to prove your deployment caused this".
I dont know how he could determine that. Did he state this in the sleep study report?
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thx Pete...
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My doctor referred me to a sleep specialist concerning OSA. This specialist threats VA patients part time. He scheduled me a sleep study thru a private hospital.
My PTSD doctor was able to get me a sleep study thru the VA. That sleep study came back positive for severe OSA. I filed a claim for service connection.
I was hoping to get a IMO from ]the sleep specialist that my doctor referred me too, but he is now saying that I had to have OSA prior to my deployment to Iraq. I asked him "is there anyway that this could NOT have been caused by my deployment; and he told me "it's hard to prove your deployment caused this".
I have nothing in SMR's only a redeployment check-out where I told them that I started having headaches when I woke up halfway thru my deployment and I got to the point where I was tired all the time. Also, people in my platoon started telling me that I started snoring very loud and was waking them after awhile.
I had a TBI test done recently and I thought my examiner said TBI, PTSD and OSA were related.
My question is, is there any chance in anyone's opinion that I may be able to get this OSA service connected. If so, what advice can anyone give me.
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thx and I will try that...I submitted an IRIS request about a month ago. I got a response that they will have the local office contact me. I haven't been contacted yet...but thx for the info, I will send my VSO an e-mail to see what he can do.
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I submitted seven claims. I received a rating on two of the seven a year ago. I filed appeals for the five that were denied in Sept. '09. I was told a month ago that my appeal was with an appeals coach. I called yesterday to check on my appeal and I was told that it was at the decision board due to my claims being re-opened and that I should hear something in a couple of months.
Anyone know if this seems correct or been through this before?
James
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I have the DAV Berta...Im trying to make an appointment to see my local guy on 01-10-11 when he returns for vacation...thx for the help everyone...Im gonna meet with my DAV rep, relax and see what happens...
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Berta,
Do you think I need to start considering a lawyer or sit tight and see what happens??? I was thinking my issue would be resolved at the local level but I am beginning to think it will go to the BVA...not sure if that's bad or good for me?? any advice??
James
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I called the VA customer service to check on my appeal. I was told that my appeal was sent to an "appeals coach". I can't find anything on the internet about this, anyone heard of this coach. The rep also said that an appeals coach is an in-house process and is the same as a review office. She said that I shouldn't have been given that information.
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As always this site gets me on track...thx everyone...
jhilly
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if someone has been dianosed with PTSD by a VA mental health doctor. That doctor then schedules that person for a sleep study to determine is he or she has sleep apnea secondary to PTSD..how does that affect the persons' rating for PTSD??
James
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no Nexus letter but the readings that I gave were found 3 months after he was released from orders from Iraq. The readings are from a C & P exam...
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I have a friend who recently had a C & P for blood pressure. His readings were 165/96...168/98 and 170/110....He believes that he deserves service connection..His doctor continues to up his medication for blood pressure to try to get it under control and he is concerned that if the meds bring his BP to normal he will not receive compensation for this disability...anyone have any words of wisdom or experience in this?
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I messed it up then...
I filed the 6 NOD's and sent statement of claims on each. I thought I had to do that to address each issue..my VSO didn't advise otherwise either...
The VA has my stuff..I called to check on it and the rep I spoke with said someone tried to call me but couldn't get through or leave me a message...The rep read a note that asked which appeal I wanted...one of the choices was an interview/meeting with the DRO...I think I will take that one, I remember reading something on here that the DRO meeting was the best option before going on...any advice???
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I have the same issue listed in this post. I filed for disability on 7 issues...I filed 6 NOD's and I attached statements of claims for each of them after getting my rating decision back from the VA. I called the VA to ensure that my NOD's had been received within the 60 day period...the rep that I talked to said they only had one of the 6 NOD's...I told the rep the decisions that I want reconsideration on and they even gave me a confirmation number...I was told that a rating officer will contact me within 5 to 7 business days...that was nearly a month ago and I haven't heard anything from the VA yet...my VSO who helped me said he stapled all 6 NOD's together, so if the VA got one then they must have all six...
Is this how things normally go??? also, from reading this blog...it seems that I had better watch the clock to be sure my year doesn't laspe..but what else can I do???
James
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Thank you T bird and all the other members ont this site, y'all are the best...I will file a NOD for the PTSD....the C & P examiner only asked a handful for questions...nothing like what me and the VA doc talk about....Im happy with the rating but I know it's gonna take time to get where I want to be...I have no problem with that...
Again, thx again family :)
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and yes...I am employed for now...been having a lot of arguments at work, so I am not sure how long I will be able to hang around....
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thx SO much Pete....Im gathering I need to just keep seeing the doc and file for an increase, right??
I am getting help with a NOD now and I will be sending it in...I plan to keep seeing my doc, she has been wanting to have more contact with me anyways.....another friend told me to also go to a civilian doc....
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service connection for anxiety disorder (claimed as post traumatic stress disorder) is granted with an evaluation of 30 percent.
Service connection for anxiety disorder (claimed as post traumatic stress disorder) has been established as directly related to military service.
service connection for post traumatic stress disorder requires a current medical diagnosis of post traumatic stress disorder, a verifiable military stressor with credible evidence that the claimed in-service stressor occurred, and a link, established by medical evidence showing the diagnosed disorder is related to the verified stressor.
An evaluation of 30 percent is granted whenever there is occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as; depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events).
A higher evaluation of 50 percent is not warranted unless there is reduced reliability and productivity due to such symptoms as; flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short and long-term memory (e.g. retention of only highly learned material, forgetting to complete tasks); impaired judgment; Impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships.
Service treatment records were silent for complaints, treatment, or diagnosis of anxiety disorder or post traumatic stress disorder.
For VA compensation purposes, in the absence of any particular combat awaards showing valor, heroism, or direct combat participation (i.e. a Purple Heart, Bronze Star with "V" device, Combat Infantry Badge, etc.), we need to have specific military stressors that can be verified, In order for the information to be verified, the information must contain approximate dates and unit information, as well as a description of the event.
Your military discharge documents notes that you served in Kuwait/Iraq during the time of war, therefore exposure to the fear of possible terrorist or combat related activity.
The cited VA and private outpatient treatment records, note a diagnosis of posttraumatic stress disorder and depressive disorder. A VA report notes "Veteran recently initiated medications and feels some benefits".
The examination report notes you complained of depression. You state that you just started taking Wellbutrin and you have not received any benefit from it. The examiner noted your affect is constricted and mood "all right, I guess". Your judgement is good, insight normal, and unremarkable thought process. You complain of sleep impairment and you only sleep 3 - 4 hours a night and energy is poor. You deny hallucinations, delusions, and you have no homicidal or suicidal thoughts. You have poor impulse control and there is a history of violence as you got in 2 fights while under the influence of alcohol. Your memory is normal and you are able to care for yourself and your financial responsibilites without difficulty.
The examiner noted that you do not meet the criteria for PTSD. However, you do satisfy the criteria for a diagnosis of anxiety disorder NOS and this is the result of your combat experiences in Kuwait/Iraq.
The examiner assigned you a Global Assessment of Functioning (GAF) score of 70. The GAF score is a numeric representation of your examiner's assessment of your overall social, psychological, and occupational functioning. The GAF score is not the sole indicator used to evaluate disability but it is an indicator recognized as being useful in reaching a rating evaluation. A GAF score of 70 may indicate a mild impairment in social or occupational functioning.
Althouh not shown in service, as the evidence shows that you have amedical diagnosis of anxiety disorder and a verifiable military stressor, service connection is granted.
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I was rated for anxiety disorder....but I feel it should be PTSD....should I do a NOD???
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I filed a claim for PTSD...I am seeing a VA Pch Doc, who has sent me to several others...all state I have PTSD...C & P says "Anxiety disorder (claimed as post traumatic stress disorder)"...someone I know says to re-submit claim for PTSD which will be a separate rating from anxiety disorder...is this true or is it the same thing???
Your Thoughts Please
in TBI Traumatic Brain Injury
Posted
I wrote the VA about a RPG attack on my convoy which caused my head to strike the vehicle and chip my tooth. I didn't get any help. One day, which was 1 1/2 years after my letter, my PTSD doc asks me out of the blue if I ever had a head injury in Iraq and I told her about the RPG attack.
She ordered a TBI examine for me and a sleep study. The TBI nurse does the examine and says I have TBI. She write a progress report that says my TBI was caused by my injury I suffered in Iraq. The sleep study was positive for severe OSA.
My PTSD doc writes a report and says I have TBI, PTSD and OSA and they are related.
I filed a claim for all three.
This was done 7 years after I returned from Iraq but my PTSD doc says she feels and can tell from my medical records that I asked for help but no one helped me or did the head injury examine which is why she did. I haven't heard anything from the VA since filing in Feb. The VA only ordered a hearing test for me which the doc says I have mod hearing loss in one ear and mod to severe hearing loss in another ear and she documented my tennitius.
Anyone thoughts of my chances on this claim?