Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

Hambone11B

Third Class Petty Officers
  • Posts

    38
  • Joined

  • Last visited

Everything posted by Hambone11B

  1. I hate to admit this and definitely don't want to put an even further damper on your day but I won TDIU and SSA about a year ago and while I had fun with the money, I'm still left with days that consist of waking up (if I ever fall asleep) forcing myself to eat some sort of breakfast as I'm not motivated to even eat, I then sit at my window and wait for the mail that comes at 10am and after that I just sit there. I would trade all those benefits back if I could just go back to war and live again. Beer drinking was a fun hobby but I didn't enjoy it after the first month anymore. I am 32 and completely and utterly lost. Hell I even moved to California to try and fight my way into Stanford only to find out that I might be Bi-Polar and that it was just madness going on in my head. I would love to just get away and do something wild but even then I know I'd get to where I was going and sit there. Nothing replaces true combat and if God had any Mercy he'd let those that have seen it die over in some other country so at least the loved ones back home could remember them as heroes and not that Veteran uncle or cousin that sits around and does nothing all day. I'm not even sure why I'm posting all this but I've tried the guitar, I've video-gamed. I will say this, before World of Warcraft started to suck that actually gave me something to occupy my time but Blizzard killed all that, I have thought about buying a Rifle or a pistol to go blow off some steam at a range but at this point in my life a gun in my house would not be a good thing. Well, at least today I can say that I've gotten my mail and posted a meaningless reply on hadit. I'm sorry for what you're going through brother or sister. Damn AUG2013 is a great timetable. Hell, Put in a secondary claim for anxiety for giving you a timetable of 2 years lol. I've been out 3 years now and it just keeps going downhill. Walking past all the bums in San Francisco these last few months I couldn't help but think at times that they have it right. At least when you're hungry and hot or cold and miserable you are feeling something. Here in my apartment I have a big fancy TV and a big grill, and a bunch of nice shit but thats just it. It doesn't replace that Brotherhood in the Army. I went from not being able to masturbate without 6 people knowing to not talking to a single person for days at a time. Sorry, I just wanted to add this into this thread as I can't find a good enough hobby either. I think I might try to enter and clear abandoned buildings and businesses as coming home from Iraq in 2008 it seemed there were a lot of these out of business buildings. Although the jail time for B&E would not be so great which is another reason why beer drinking is a no go at this station. I would be far worse off if I ended up in jail lol. I'm with every last one of you vets that feel this way. They should set up a website called sausage links or something that linked up random vets. I know there are a bunch of vets around me but I would want it set up like match dot com where you give preference to MOS and gender and age and OEF or OIF, hell even add sports to it, that way I wouldn't be out with some POG (love you guys but I want stories as well that go beyond, this one time, in our flag football game on FOB Falcon this dude tore his knee up so bad it was gross lol) and be dominating the conversation with stories of actual war. There are enough Veterans out there now in my age group that we should really start finding ways to link up besides randomly showing up at a group because I know I myself don't have the balls/gumption to go group meetings or the where-with-all (sp?) to even leave the house. I don't know where this is going so I'm going to end it here lol. Damn PTSD, at least I was focused for 30 minutes.
  2. I just want to add on to this thread that I can not stress what a wonderful tool this site is for guys such as myself that struggle with PTSD. I would not be able to get this information anywhere else as I just flat out wouldn't go in to my VARO or do anything where I thought I might be put in an awkward situation. Going into the admissions office at Stanford as a 32 year old was tough enough. I was so embarassed because I was so nervous I couldn't stop sweating, and that was just some random lady who gave me the University's pamphlet. Yeah its like that lol. But thank you for giving me a place that I don't need to do those things to get info. I was never like this before, thats what kills me. Should put a disclaimer in the recruiters office: Upon completion of your service you will be able to go use your GI Bill, but you may be completely nuts by then and it won't matter.
  3. I am 32 years old and currently 100% TDIU mainly for PTSD with other small ailments; back, neck, etc.. I am planning on making a serious attempt at attending college. Everything involved with what I am doing is pretty consistent with PTSD as I was fine one day in my apartment in Wisconsin only to wake up hating my life and wanting to attend Stanford, so I left my fiancee (who was less than faithful come to find out while I was deployed) and moved to California. Going to school has become a new mission of mine and I have no misconceptions as to how hard this is going to be and as to the ramifications of going back and proving I can go on to some form of gainful employment. I just can't let the crap going on in my head keep me from using this benefit that I worked so hard to earn (the GI Bill I mean, not TDIU) This is what I joined for. I'm not going to lie and say I wanted to serve my country and all that, I wanted the benefits involved. I have always wanted to attend college. Christ, I have a 142 GT score so this is not a stretch for me to go, I just don't know how I am going to fare in the end. It is scary. If I look back to the past 4 years to the things that have happened when I try to venture into the outside world I can't help but worry about what it will be like to physically interact with others in something that I will not be able to just walk away from and say oh well. I am writing you guys to ask what is going to happen with my TDIU? Is merely putting in for your GI Bill grounds to reduce your ratings? I would hate to think that just by trying to ween myself off of the governments teet I would be yanking that lifeline away forever. Don't get me wrong, the ultimate motivation in this is to better myself and to go on to some sort of a career so I know in that event it will be taken away. What happens if I fail horribly though? Am I punished for trying? I am also 100% SSD for PTSD but through some research I think I have found that they give you 9 months to give yourself a shot. That is absolutely perfect and if I knew there was something like that for TDIU I could go to bed easy tonight knowing that now I only need to focus on giving this my everything and dealing with the mental problems as they come and not worry about every thing that the VA is watching to potentially cut my benefits. But if this is not the case and the VA will cutoff IU and use this as a grounds to never give you IU again, I have some serious soul searching to do. I would like to think that I am strong enough to do this and have no problems but this is the only thing that I know will not be the case. Thank you for any replys or answers. Feel free to ask anything you'd like. I just want to know whats going to happen and I also want to say that I'm not looking for the free ride of TDIU and college. I know what attending will mean to a TDIU claim, I just want to know what would happen if I fail. On a side note, I do believe I have a good chance at getting a 100% schedular rating as I am very close as it is and some ratings are still undervalued and I have never even put in for siezures and I take topamax and divalproex everyday to prevent them. But with that being said, I am at 100% TDIU and do not wish to open my claims back up for fear of looking a gift horse in the mouth so to say.
  4. Not questioning you John999 but can you expound upon why my decision is not final? Is it because I'm not P&T, if it is I am SO glad I didn't go in and throw a fit lol.
  5. Yeah I have SSD and I was awarded the TDIU in May2011. I wanted to file a CUE or call a CUE on them but my VFW rep filed an NOD and didn't even know that a person with TDIU could qualify for the S award so Bradley V Peake was not mentioned. I'm going in there tomorrow if I get some complete info on what to do but right now I'm hearing I shouldn't file a CUE and an NOD wasn't right but Bradley V Peake should be on there. I have a VSO rep that I have to speak through their belly for them to hear me so I'm waiting to hear from someone on here as to what should be the proper procedure to fix this situation.
  6. Thats my problem with it is the C&P exams that have been scheduled. No question and nothing was brought up about the ratings. The NOD just said that based on the criteria set forth for the SMC-S award I meet the requirements based on prior findings (or something to that effect was written). 4 days later I have 1 C&P exam a week from today that I have no idea what it is, says MAROTZ CLINIC and I have another one 2 weeks from today that says MH CLINIC. In the Ratings Decision they sent me, in the IU section it lists that none of my other ratings preclude me from work and then go on to say that PTSD is the only one severe enough to warrant IU and IU is granted based on these findings. What are the strict rules and guidelines in filing a CUE as I can't find them. Filing an NOD means I disagree with their decision which isnt the case. I just think they made an error and that its incomplete and want to bring something to there attention. Thats why I think an NOD is wrong. If its normal for them to re-evaluate someone in this instance than fine but this shouldbn't be the case. They made a ruling and said I was good til 2013. Me going back in just means they can say well we can give you TDIU for PTSD and headaches so no SMC-S award for you which would be crap. Worse case scenario is they can take IU away altogether.
  7. If this helps my ratings are as follows 70% PTSD granted 100%TDIU for PTSD 50% Sleep Apnea 20% DDD lower back 10% cervical strain 10% hypertension 10% GERD 10% tinnitus 10% headaches
  8. So, this is now about the 5th time the VFW has not only not helped in my case, but misinformed to the point that I now believe my entire claim is in jeopardy. I was recently awarded 100% TDIU for PTSD and I also have enough ratings besides that that I am close to being schedular. In any case I meet the requirements for SMC-S. When I went to my VFW rep, they had no idea a person with TDIU could get SMC-S. Once she found out it could happen, she decided not to go with what I had said (me being the person who did all the work on these claims with the knowledge you guys have given me) and she decided we should file an NOD as opposed to a CUE. This was Tuesday when I filed this. Saturday morning I recieve a big envelope from the VA informing me that my claims are open again and I have multiple C&P exams coming in the next few weeks. Now before I go ballistic on this office, would it have been different had I filed a CUE as opposed to an NOD or would the CUE not have reopened the claims and not required C&P exams? Am I now in jeopardy, if I get some examiner thats having a bad day or something, of losing my TDIKU altogether if they say I was rated too high to begin with? This is just complete BS. This VFW office would've lost my backpay for $25K had I not informed them that an NOD could be filed longer than 60 days after claim, you can view my posts to see what all they've misinformed me on. Thank God for you guys or I would actually think these people are helping me. If the NOD is what caused the claims to be opened up please let me know what I need to do to correct this error. If the CUE would've reopened the claims and caused C&P exams as well please let me know so I don't need to go throw a bitch fit. Its not like I enjoy going into these places for them to screw me over. Christ I don't even like leaving my house these days. I just didn't want to have to deal with more C&P crap and it stresses me the hell out. I don't know what to do so any help would be very very appreciated.
  9. OK...so when I filed for TDIU I was at 80% and decided to file for TDIU based on my DDD in neck and back and for PTSD. DDD in back was increased to 20% and neck stayed at 10% while PTSD went from 30- 70%. The way it was worded was as follows: While the records cite that you contend with chronic cervical spine pain, and have some decreased range of motion of the lumbar spine with increased difficulties with lifting, the objective evidence of record does not show that your cervical and lumbar spine disabilities when considered alone, preclude you from gainful employment. However, the records do cite that due to the increased severity of your PTSD, your symptoms now impose a severe level of soclal and occupational impairment. Specifically, it was noted that you have overall worsening of sleep, worsening isolation, ongoing panic attacks and significant avoidance behaviors to the point that you rarely participate in activities. Chronic suicidal ideation was also identified. Additionally, the evidence shows that you contend with worsening cognitive symptoms over the course of the past year and such symptoms have caused you to miss appointments, pay bills late and repeat yourself in conversation. It is duly noted that you have a separate claim for service connected TBI, however, the mental health examiner specifically ascribed your cognitive impairment, to include memory impairment to your SC PTSD, therefore, these symptoms are given due consideration in the current 70% evaluation assigned to your PTSD disability. We have granted entitlement to IU because you are unable to secure or follow a substiantially gainful occupation as a result of you SC disability. We based our findings on your educational and vocational background, in addition to evidence from your VA examinations and treatment records. blah blah blah backdate to sept 09. So, question is how do I go about refiling for SMC-S. PTSD 70% Sleep apnea 50% DDD 20% headaches 10% GERD 10% neck 10% shoulder 10% hypertension 10% tinnitus 10% Question is do I file for CUE and say I should be granted SMC-S or what do I do. Problem is my VSO sux ass and I'm going to wait for what you guys chime in with before I go to my VSO. I would really love to absolutely BURN my VSO with exact reasons why I am asking for this as a last chance FU to them. HADIT.COM you guys educated me to the absolute end with my claims and I'm asking once again. These guys at the VFW are getting paid to help me and I could only wish the funds went to T-Bird, Berta, Carlie and various others that put in. HADIT very well should be a VSO. I'm an Iraq vet, you guys have won me TDIU and SSD and I have no one to thank but you guys.
  10. Sawgunner, first thing I want to say is I am 31 and recently won SSDI and TDIU. OK, that being said, I have pretty much the same problems as you as far as getting work ie: bad back, bad legs, bad neck, no sleep and bad attitude. You're best bet to getting awarded these things is to open up a claim for PTSD. I think its fair to say that you might qualify based on the recent episode you had at work. I advise opening this claim up as none of your other limitations really warrant TDIU or SSDI at this time. PTSD is real and can stop you dead in your tracks. I would really appreciate if we could continue further in a more private forum. Send me a PM on here or email at gi.hambone28ATyahoo. I'm not a lawyer or a bot or anything if all the members read this and throw up red flags. Look at my content and I'm just a veteran in you're same situation and I have recently won my claims. I just don't feel like going thru the situation in public. I do want to say one thing and thats after readiing this site for 2 years I feel like I really could help you and I would love nothing more than to pay it forward to someone in your case. CC the PM and the replies or w/e I don't care. These people educated me and I'm ready to pay it back. I've actually rambled on 6 different versions of this reply since I saw your post last night lol. Screw it I'm posting it
  11. My SSD claim was denied the first two times because they didnt have all the paperwork for one, and 2, I didnt actually submit the claim until july of 2010. They just backdated it to March of 2009 because that was the last time I got paid by the army. It definitely helps to have a lawyer as he was the one that clued me in to the fact that the SSA didn't have all my files so I probably would've been awarded 3 months after I submitted. Instead I waited until it was in the hearing phase to hire one and then I won a month later.
  12. Unless I misunderstood the benefits page I believe theres more opened up to you if you are schedular as opposed to TDIU. If I'm wrong then by all means let me know.. Most of them are where they should be but a few are still underestimated and I want to get them adjustedwhile I still can file an NOD. Actually I just looked again and it looks like if you are P&T more benefits are opened up. Either way I still want to get my percentages where they should be. Most of them are rated correctly but a few are still underestimated and I want to get them corrected while I can file an NOD. 70% PTSD 50% Sleep Apnea 20% DDD ( this I believe should be higher or should have a secondary claim added to it or however that works) 10% Cervical Strain (neck) 10% GERD (should be higher as my esophagus and stomach have esophageal ulcers and have heartburn everyday.) 10% Headaches (this most definitely needs to be higher as I go to the ER with headaches all the time and I spend sometimes 5 days a week sitting in a quiet, dark room because they are so intense and I am limited as to what I can take for them as most stuff that somewhat works I can't take anymore. This rating is what they gave me as opposed to giving me a rating for TBI) 10% Tinnitus 10% Hypertension (should be higher as I always get readings where the bottom number is over 110 consistently) 10%Left Shoulder Strain 100% TDIU granted All of these symptoms are on record and my VSO rep didn't put on my original NOD where the ratings should be and why when we filed because she said it wasn't important even though I had already written it out. I even took the advice of the members on here and made sure the NOD disputes were short and to the point and it didn't even take up a half sheet of paper. She instead just wrote in the NOD that I disagreed with PTSD and TBI and said that everything would be checked again and they would increase the others if they felt they deserved it. I suppose you can say that its not important if I'm getting TDIU anyways but I don't see any harm in getting them where I feel they should be at.
  13. You know, I never thought about it helping with Insomnia but I can say that after using my CPAP for the last 3 years, I could see where it could help a person focus on there breathing as the air blasts into your mouth or nostrils and could perhaps lull someone to sleep. Its almost like meditation as you just focus on breathing. I suppose anything is worth a shot and the meds they give you for insomnia just make you feel all doped up in the morning. I would be shocked if the VA would dole out the money to get one though before going through every sleep med known to mankind.
  14. Hello guys, I have a question as I think I might've gone to the wrong link or maybe I just didn't know this was how it worked. I went to ebenefits to get a certificate of eligibility and after submitting it, it stated that my basic entitlement was $36,000. Is that right or is that what I could borrow to fix the house, the 25% thing that goes with a VA Home loan? I was in for 4 years and was discharged with an honorable discharge. Does it mean that I can only use the VA home loan to buy a house worth $36,000? I'm basically just confused about it as this is my first time through this. The COE states at the bottom the following: The veteran is eligible for the benefits of Chapter 37, Title 38, U.S. Code, subject to any condition(s) cited below. Basic entitlement for veterans who have not previously used home loan benefits is $36,000. Additional entitlement is available for most loans in excess of $144,000. In such cases, the entitlement amount is 25% of the VA loan limit for the county where the property is located. VA county loan limits are adjusted annually, and the current limits are available at www.homeloans.va.gov. I plan on going to the VA in the next few days to see my social worker and get any info I can. Also, is this something I can go to my VSO for help with or should I just go to a realtor as some info telle me to do. I am 100% SC and have SSD awarded to me as well.
  15. Had my Social Security hearing yesterday morning and after about 10 minutes of questions the judge awarded me SSD backdated to MAR09. I also decided, since the day was going so well, to come home and check all three of my credit scores as freecreditreport.com only gives you one with the monthly subscription and all three scores are now above 620 which lets me apply for the VA home loan. I had disputed everything on my experian that was false and wasnt mine and didnt know I had to individually dispute all 3 credit bureaus. In one month my skies have turned from gray to blue after getting my 100% SC on May 15th and now I got my SSD and both were backdated to 2009 which gives me enough to put a decent down payment down and still have a considerable amount left in savings to start building on. Today I feel truly blessed. I want to thank all you guys for your support. I tell every joe I know that HADIT is the place to go to get them what they deserve. The fight still isn't over though as now I plan to start pushing some of my low balled claims up in percentages to try to go from TDIU status and push for P&T to get the added benefits for me and my family. With the dis calc I sit at right about 93.5% and the claims they lowballed me on are the claims that are not going to go away. I've read in the countless hours I've spent on here about secondary claims because of, for example I have DDD and a cist has formed around the nerve ending in that area to protect it which in turn causes my thighs to go numb and burn with terrible pain, what is there I can put in for that or should it just be included in the original claim. I can see where the pain in my lower back would be included but this goes all the way down my legs and causes me to not be able to sit, stand, or lay flat for more than 20-30 mins as my thighs end up feeling like it does when you sleep on your arm wrong and your hand goes numb. Another thing is I suffer from terrible headaches everyday and they have given me a 10% rating and it would be awesome if someone could link some info on theratings considerations on headaches. They haven't been called migraines as the meds for migraines did nothing and it is believed to be stemming from TBI I suffered which they refuse to give me a rating for even though they state in my claims that I did get a TBI in service. I have plenty of time to read up on these situations so if you just want to give a link to steer me in the right direction so you can focus more on the people here who are still fighting for what they deserve that would be more than appreciated. You guys have helped so much already and reading up on this stuff will help me to pay it forward to guys as I do spend a ton of time on here reading peoples posts. Anyways, Great Day to wake up to this morning and THANK YOU HADIT!!!!!!!!!!!!!
  16. On second thought I probably should start those claims as soon as I can. If that would throw a wrench into the decisions I've gotten someone please let me know. As much as I'd like to just forget it all for a few months its against my better judgement as some of this takes years.
  17. When I filed for TDIU, my PTSD was rated at 30% so I included DDD, cervical strain and TBI into the symptoms as to why I couldn't work. That was the advice I was given from my VSO to better the chances at winning my claim. If there is a way to get the TDIU changed to be as a sole result of the symptoms of my PTSD than by all means send some advice my way as to how to get it changed. As it stands right now, I have recieved my settlement letter and backpay so while I wait for SSDI to come thru, I am content with leaving it alone. Now in the next 6 months I am going to file for an increase to my headaches and an increase for GERD. I also wish to open a new secondary claim for CPS as I suffer from sciatica and right leg problems as a result of my DDD. I have a cist on my lower back that surrounds a nerve that I've been told is from the area my DDD is in. A cist has formed around the nerve to protect it I guess from how my vertebrate are situated. My right leg pain is a result from limping everywhere and not putting any weight on my left leg as it sends shockwaves up thru my spine. I have recently started using a cane because of all this. Anyway, if anyone has any advice for this situation let me know. Thanks again everyone. My life has truly started back over since recieving all this news. Albeit I still pay the price as I went and got a new TV but still spend most of my time in the dark because of my headaches and had to depend on my neighbor to bring it into the house.
  18. Is there a link for what the added benefits for 100% are?
  19. First I want to thank everyone on here for there advice. Second I want to encourage everyone out there that is waiting for there envelopes that there day will come if they just keep on truckin! Its a long, arduous challenge that tests an insane veterans sanity but with hope and help from hadit members it can happen. I just got back from my VSO and found out while I was there that I was granted 100% TDIU backdated to 17SEP2009. I couldn't hardly believe what I was reading while I was in the office. I literally broke down when it hit me that I had won. I also had new service connected disabilities rated as well as an increase in two others. My new ratings are as follows: 70% PTSD 50% Sleep Apnea 20% DDD 10% Cervical Strain (neck) 10% GERD 10% Headaches 10% Tinnitus 10% Hypertension 10%Left Shoulder Strain 100% TDIU granted I can't begin to tell you what this means. I will be able to finally get out of this small apartment and get a house for my Fiancee, her son and myself. I can't wait to tell her that we will actually be able to enjoy this summer instead of scraping by again. THANK YOU THANK YOU THANK YOU hadit members. I owe you so much for your advice.
  20. JBasser, the claim was started in MAR09 and yes I do have a VSO but they worry me in as they first informed me to wait to submit my NOD after recieving the initial claim, I then came back to find that guy didn't work there anymore and the guy that replaced him told me that I only had 60 days to submit an NOD and almost cost me 18 months of retro because of his misinformation. I then went to another lady in the same organization for help, and although she was much more helpful, I still had more knowledge about my case because of the help through you guys. Instead of her telling me or suggesting me what to write in my NOD and my claim for TDIU, she was asking me how to word it and seeing as how my training was done in the fields of Kansas, I was rather dumbfounded at the lack of know how on there part. I'm actually afraid to go into my VSO to have them tell me what my next course of action should be because they seem to just look at me like I might do a trick while I'm asking about it. TBH you guys should be a VSO as you've given me the most help. Berta, I actually didnt read the Form 9 very carefully and thought that the 2 boxes in question 9 read that A. I want to appeal all and I thought that B. was saying that I accepted everything, I didn't realize it said I am only appealing these issues at the end so thats my bad and I apologize for the confusion. Now I don't have a scanner and I'm not sure where to go get it scanned so I am just going to type what they wrote out word for word. I will first just write the TBI denial response and after, if you think you'd like to see the PTSD response as well, I will type that out for you as well. 2. Service connection for residuals of traumatic brain injury (to include post concussive syndrome). A review of the evidence indicates that service connection for residuals of traumatic brain injury, because although the evidence shows that you had a mild traumatic brain injury in service, upon previous examination, it was determinedthat none of your current residual disabilities were associated or casually related to your traumatic brain injury in service. You appealed this decision and requested a Decision Review Officer to review your claim. Please be advised that a DRO reviewed all of the evidence in your claims file, to include the evidence considered in the prior decision as well as all evidence received since that decision. This review was conducted without consideration given to the prior decision. In conjunction with your appeal, a complete review of the claims folder evidence was undertaken. On March 2009, we recieved your claim for traumatic brain injury. We recieved VA treatment records noting that you were subjected to IED explosions during service. It was also noted that some of your symptoms overlapped with your symptoms of post traumatic stress disorder. A review of your medical records from service document post concussion syndrome with headaches, fainting spells,and difficulty with balance. At the time of discharge, it was cited that your headaches and fainting spells had resolved. Additionally there was no mention of balance problems at the time of separation. A VA examination was scheduled to evaluate your condition. The examiner noted that you had a mild TBI during service. He indicated that your headaches have resolved and are no longer active. He indicated that there was normal coordination and no evidence of abnormal cranial nerve function. No cognitive deficits, memory problems or attention deficits related to your TBI were identified. He did find that you suffered from tinnitus, cervical strain and knee strain. However, none of these disabilities were casually related to your brain injury incurred during service. Additionally, service connection was established for your tinnitus and cervical strain with separate evaluations assigned for each. Your night terrors were found to be correlated with your PTSD and not your TBI. (This paragraph is so ludicrous it makes me want to vomit. I don't know what examiner it was that wrote this but he must've examined someone else.) Several statements were recieved fellow servicemen, attesting to the fact that you were injured in service and suffered a traumatic brain injury. VA treatment records speak to the fact that you sustained a TBI and also document ongoing mental health treatment for your PTSD. Another VA examination was scheduled in respect to your TBI to determine if you suffered from any residual disability in association with the same. An examination was conducted onMarch 30, 2011, and it was duly noted that you sustained a head injury during military service. You reported headaches, difficulties with memory, difficulties with concentration, and pain in your lower back. You reported several episodes of syncope as well. It was also noted that your VA records confirm that you were started on medication for your episodes of syncope. You reported ongoing headaches but denied any current treatment for same. In terms of cognitive deficits, you stated that these make it difficult for you to find or maintain a job. The examiner noted that you contend with psychiatric symptoms to include mood swings, anxiety, depression, irritability and restlessness. Fatigue, malaise and ongoing sleep disturbances were also noted. Cognitive impairment, to include problems with memory and concentration were noted and you reported that they affect daily functioning to include functions like paying bills. You reported ongoing headaches but denied any treatment for same. You did cite that your headaches occur on a daily basis and are exacerbated by light and sometimes you need to stay in a darkened room to help mitigate the headaches. In terms of cognitive deficits, you stated that these make it difficult for you to find or maintain a job. The examiner noted that you contend with psychiatric symptoms to include mood swings, anxiety, depression, irritability and restlessness. Fatigue, malaise and ongoing sleep disturbances were also noted. Cognitive impairment, to include problems with memory and concentration were noted and you reported that they affect daily functioning to include functions like paying bills. Following examination, the examiner indicated that your subjective complaints of memory impairment and poor concentration were casually related to your service connected PTSD and have been given due consideration in the current evaluation assigned for this disability. In terms of your balance issues, the examiner sited the fact that this does not cause you to fall or impede your daily activities. It was determined that it was less likely than not that your balance problems were attributable to your TBI in service. However, the examiner did diagnose chronic headaches, mixed type with a tension component as well as a migranous component. He went on to state that it was his opinion that these headaches were directly and definitively associated with your previous head trauma incurred during military service. AS such, a separate compensable evaluation has now been assigned for your headaches in association with your previous brain injury in service. In terms of other cognitive symptoms, to include memory impairment, concentration difficulties, word finding difficulties, all these symptoms have been ascribed to your service connected PTSD, and as previously noted these symptoms have been rated in conjunction with your service connected PTSD and given due credence in the current 70 percent evaluation assigned for same. In the absence of any other current residual disabilities associated with your TBI incurred in service, service connection remains denied. That is the denial response in its entirety. My apologies for not having a method of scanning it.
  21. I'm not completely positive if its a victory or not but I got my SOC back from the VA for my NOD submitted in SEP10 and it states that after the DRO reviewed my case, their decision was to increase PTSD from 30% to 70% effective SEP09. They also denied my appeal for TBI after denying the initial claim, stating basically that although I do have TBI, the symptoms of TBI have been rated in conjunction with my SC PTSD. The interesting part to me is that in the SOC decision on my TBI they write the examiner did diagnose chronic headaches and that these headaches were in his opinion directly and definitively associated with my previous head trauma incurred during military service and AS such, a separate compensable evaluation has now been assigned for my headaches in association with my brain injury. If that means that I will get basically 70% for PTSD and TBI combined with a new claim for headaches opened than I'm all for it. If it doesn't mean that than oh well, at least I got something in my hands that says "Hey, you're currently not wasting away in a file cabinet". The best part is this new 70% rating puts me at about 92% overall using the calcs on here and with a GERD claim and perhaps this Headaches claim pending it might be just enough to push me over the hump to give me a 100% rating that doesn't involve TDIU (my TDIU claim is currently pending). Question I have though is with the headaches and the siezures and the balance problems I have and that are noted in the system, how do I accept the 70% for PTSD and say no to the rating they gave me for TBI? It says in the SOC to submit to the RO in writing if I accept the 70% rating as soon as possible but in the form 9 it just gives a blanket response to if I want to appeal these claims. I have more questions in the appealing Forum on here but after reading it over a hundred times it seems like this is my biggest question. Anyways...hopefully this is all good news but I dread hearing someone say that I am only in the beginning phases of the BS and none of this is the end all of what happens.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use