handler

Thanks Carlie Have all the SS records in regards to my claim. Just wanted a copy of what the VA got. Thanks for the suggestion and I agree. Good to have all the files.

Thanks again Berta Could you direct me to where I could find the text to Washington v. Derwinski ? For some reason I am drawing a blank and just can't find it. Old age ya know!

Yup, signed the release forms and know that they received the records because I tried to get a copy from SS but they said I would have to pay for them since the VA has already received a copy. (waiting for an update on my C-file to get a copy of what they received). On the TDIU form #18 was checked "yes" and in the narrative (two page attachment) it clearly sets out the condition for which I receive SSDI.

Berta, Once again, thanks for the information and all you do for all of us on this forum. The answer is "Yes" to all your "if" statements in your response. I am waiting to see exactly what records they did get from SSA before going any further. Am I to assume that this type of thing is handled more often on the BVA level rather then the RO level?

After going to the VA's website and pulling up numerous BVA decisions, a question arises as to how much weight do the SSDI records actually have in their decisions? Of the (few) cases that I have read I don't see where it was a factor when making their decisions. If a vet is receiving SSDI for a SC condition, does that have much value when claiming IU for that same condition? Thanks, handler

Thanks CLW4514 Appreciate the response. I suppose it is pretty generic. Just hadn't seen "light" used before.

Version:1.0 StartHTML:0000000105 EndHTML:0000002984 StartFragment:0000002292 EndFragment:0000002948 Just a question about some wording in my denial letter for IU. The letter ends with the statement: "The VA examiner indicated that your service connected conditions do no prevent you from securing or maintaining gainful light duty employment, including sedentary employment." I've looked through the forum as best I could but could find nothing about "gainful LIGHT duty employment". Is this a common phrase? Thanks

Yes, they knew I was on SSDI. Evidence shows that they requested and received the SS records.

Berta, I find it disturbing that for a exam for PTSD you need to have a psychiatric physician but for IHD the VA can use a Nurse Practitioner. Now I have nothing against NP's but this just seems wrong. They are using the opinion of a NP over surgeons, cardiologist and physicians to make the rating decision. As I discussed with you in another forum, I put in a claim for IHD, PTSD, IU and other items which I just received a decision on. When putting in the claim, I submitted a lot of medical records from years of treatment from physicians for my particular diseases particularly IHD. Included in those records were reference to SSDI determination for permanent total disability and have been on SSDI since 1990 for IHD. Now I have a C&P exam for IHD and IU conducted by a Family Nurse Practitioner who at the end of the exam findings uses the phrase "…conditions do not prevent you from securing or maintaining LIGHT duty employment, including sedentary employment". Without any reference to any of the doctors opinions that I submitted or any of the SSDI files, the rater used that exact phrase for the denial. "The VA examiner indicated that your service connected conditions do no prevent you from securing or maintaining gainful light duty employment, including sedentary employment." Just starting to work on my plan of attack for either a NOD or CUE and the information about the IMO letters from doctors you and acesup will be very valuable. I'll be meeting with my VSO next week to start my appeal. Thanks for the great information.

Thanks Berta As soon as I return home I will be knocking on the Reps. door and diving into this more deeply. Your advise and references are fantastic and will be used. You asked: "...did the VA ever deny any past IHD claim you had filed?" No, this is my very first claim of any type. There are multiple issues (IHD, PTSD, ED....) but all are first time claims. And yes, it is IHD from AO exposure. They have agreed without question that the IHD is presumptive due to my time in Vietnam. handler

In at least two places during the application process I have advised them about SSDI and IHD. Within some of the documentation that I sent were the doctors responses to Social Security about IHD and my continued disability caused by it. Here are some of the excerpts from the 21-526 form submitted. "…As the attached records will document, I was unable to continue to work due to the progression of the IHD and in May of 1990 I was placed on Permanent Total Disability by the Social Security Administration…" "…The attached records show that any periods of exertion, standing or sitting for long periods of time or anything other then the most sedentary activities will bring on angina, edema, shortness of breath and other symptoms of Ischemic Heart Disease. Thus my continued Permanent Total Disability status with Social Security…" Here is an excerpt from the form 21-8940 "…You will see from the records from Social Security, I was placed on Total Disability on May 1, 1990. According to you letter, you have requested those records from Social Security…" Yes, I have the C-File and it is complete up to the records that they have obtained from Social Security. When I return to where my records are stored I can be more exact and I will request an updated file. Yes, I have been working with the local rep. I will be seeing him upon my return home. He hasn't seen the award letter yet and we will go over it when I return.

Berta, To answer your questions in order; Yes, my SSDI is solely for IHD/CAD. Has been from the start. Nowhere within the decision portion of my letter did it say that they considered the SSDI award in the decision. It isn't even mentioned. Under the "Evidence" section of the letter is lists SS reports from 1978-2001. No, this it the first time I have submitted a claim for compensation with the VA for anything medical. (education benefits way back when). It is apparent that they used the "evidence of hypertrophy or dilatation" on an X-Ray as the key to the award. I have had several stress tests over the years and all have been in the high range (9-10) but all have been blunted results according to the doctors because I have been on heavy beta blocker meds at the time of the tests. In real life I can't do much exertion and in fact have been told by my cardiologist (noted in the C&P) to pre-medicate with nitro before doing any strenuous activity. From all that I have read (about METS and stress tests), I frankly was surprised that they gave me an award over 0%. There was no question it was service related under the new regs. And no, I haven't contacted the lawyers yet. I am away from home for another week and don't have my files with me. Thanks for the response. You have once again given me hope.

Well, you all pretty much nailed it. I received my big brown envelope the other day. The ratings that I received totaled to 60%. Got a nice deposit the day before the envelope and that was nice. I have some work to do as far as appealing a couple of the ratings that were given and have started the research already. For the most part I received SC for all but two of what I claimed. They did not give me IU at this point and that is one that I will be appealing. I did receive SC for IHD and PTSD at 30% for both. It's a start and I can't thank you all for the encouragement and guidance.

Thanks Berta, that is really encouraging. I sure hope that is the case. I have been on PT SSDI since 1990 due to IHD/CAD. Hopefully they will take that into consideration. Thanks so much for your help and all that you do for us.

Thanks Carlie, I had read most of that before. And Congrats on your recent success by the way. Nice to see good things happen to good people.

Thanks Pete53. That would be nice. I was wondering why they broke the claim out into two sections. Maybe it is because the IH one is a Presumptive one (26 months on the ground in Vietnam) and all the issues they listed with IH are tied to IH/CAD. I just hadn't seen that phrase "Rating Review" used in any of the posts here. Guess time will tell.

Not sure if this is the correct spot on the forum to place this but I hope so. My question(s) are about trying to understand what actually happens along the way when claims are filed and begins the journey to the final decision. In May of 2010 I submitted an informal claim for IHD and other items. Then in June of 2010 I finished my work on putting the claim together and submitted the 21-526. All submitted and documented at my local Service Office. Not having access to eBenifits until earlier this year I cannot say what the status was of any of the claims prior to access. I just sat back and waited. When I was asked to submit evidence other then what I initially did, I did so as soon as possible. In one of the requests the VARO sent me the 21-8940 form. Note that I did not claim IU in my initial claim. Form was filled out and returned to my VASO the next day. When I finally was able to log on and take a look, I saw that I had two claims listed and their status: 1. Compensation Claim-- Dated 7/6/10 2. Status Review Claim-- Dated 7/6/10 Now, under the "Compensation Claim" they listed: (abbreviated by me) PTSD Hearing Loss Tinnitus GERD Left Hand Injury Scar High Cholesterol IU and under the "Status Review" claim they listed: (abbreviated by me) IH CAD Heart Attacks Severe Angina Shortness of Breath ED Hypertention secondary to IH GERD due to IH and PTSD Not all these items were not listed on my initial claim but rather they were broken out apparently by the person who read my mountain of documentation that I sent with the claim. In December of 2010 I had my C&P exams for all the above items. One of my questions is this. Up until 1-11-11 both those claims were listed as in the Development Stage On 1-11-11 Both Claims were placed in the Decision Stage Now on 1-19-11 The "Rating Review" claim has been "CLOSED" and the "Compensation Claim" has now been put back into the "DEVELOPMENT" stage. Can someone explain what may be going on here? I have not seen anything in the mail nor anything in my bank account so I am kind of curious at to what this means. Still sitting back waiting for something to happen. Thanks for all your help

Carlie, I was wondering if the stressor was already conceded. It may be that I fall under the new PTSD regs. You all on here may be able to answer that. I submitted my claim on May 13, 2010 but there had not been any decision (or any contact for that matter) from the VA before July 13, 2010. As for where I "experienced" these incidents. Vietnam August '68 thru October '70. (26 months)

After keeping everything inside of 40 years my VASO suggested that I put in a claim for PTSD. I guess I always knew that there was something there that wasn't right. Nightmares, hypervigulance, deep fear of the dark were just a few things that I have been living with all these years. After a lot of thought and searching I finally filed the claim. After doing so I spent countless nights worrying about what would come next. The C&P exam scarred me to death because I knew that they would bring up things I have spent a long time trying to forget. The day of the exam came and from the start I began to feel a little better about the process. The psychologist asked me questions for over 90 minutes in a way that really brought back feelings and memories that I had all but forgotten. She did it in a way that made me realize that I definitely needed help. Although I now have more nightmares and thoughts of the incidents that have plagued me for years, I know that there is help available. I was able to obtain a copy of the C&P report and would really like to hear your opinions on the outcome of the exam. It appears that the psychologist agrees that I have PTSD and I hope the raters will agree with her. In any case, I am in line to get some help and I am anxious to get started. Here is a recap of what was on the report. Comments are sure welcome. Diagnostic Assessment: (This was after 4 pages of narrative of the interview) (Some items below are shortened to save space) The veteran indicated that he experienced and witnessed events that involved actual or threatened death or serious injury, and a threat to the physical integrity of self and others through being shot at, mortar attacks, and fear for this life. His response involved intense fear, helplessness and horror. Therefore, he meets criteria "A" for the PTSD diagnosis. Since discharge from the military he has persistently experienced the traumatic events through: recurrent distressing dreams of the event as well as recurrent and intrusive distressing recollections of the event, including images, thoughts or perceptions. Therefore, he meets criteria "B" of the PTSD diagnosis. ……He has avoided stimuli associated with the trauma and numbing of general responsiveness through efforts to avoid thoughts, feelings, or conversations associated with the trauma, feeling of detachment or estrangements from others, restricted range of affect. Therefore, he meets criteria "C" of the PTSD diagnosis. ……He persistently has symptoms of increased arousal as indicated by: difficulty falling and staying asleep, irritability, and hypervigilance. Therefore, he meets criteria "D" of the PTSD diagnosis. …..He has experienced the above symptomatolgy since he was in the military. Therefore he meets criteria "E" of the PTSD diagnosis. …. Therefore, not only does he meet the criteria for criteria "E" for the PTSD diagnosis, he also qualifies for the "Chronic" specification. Diagnoses: Axis I: Post-Traumatic Stress Disorder, chronic, moderate, related to military experience. Primary Insomnia secondary to PTSD Depression NOS secondary to PTSD Axis II: None Axis III: Deferred to Medical. Axis IV: Sleep problems, isolative behaviors Axis V: Current GAF = 58 Thanks to Hadit.com and all who contribute. It helped me to have an idea of what to expect during my exam. I'll post an update when I hear back from the VARO. Your comments on the exam results and what to expect are appreciated. Handler