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brokensoldier244th
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Posts posted by brokensoldier244th
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Im sorry, John!
My depression claim was decided successfully at 30%. After that (the beginning of October) my boss wrote the letter that gave me concrete proof of things that fall into both the 30% and 50% rating for MDD. I feel that, based on this letter , it should probably be higher, but im not disagreeing with the 30% that I was granted at first. They didn't have this information yet when they decided. I I figured a request for increase might be faster than an appeal. Im 70% now, and while I don't want to file for IU (im still working) I feel that it may become a reality in the next year or two, possibly sooner if my slow downward progression here continues. I work in program/database support with clients-what support job will hire someone that doesn't gel with people (but still fixes stuff?) My employer is really good to me and I have certain allowances, but I don't count on my chances if I was to leave or be fired.
CAS
I am confused about where you are at in the claims process. Are you reopening your claim after a final decision? Are you going to appeal a decision within one year?
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Huh. I didnt think of that. I didn't want to rock the boat, and since the claim was closed I thought a 'recon' was only for an appeal. Ive already submitted the request for increase, though. I can't ask it to be changed to a reconsideration, can I, or is this basically the same thing?
Ask for a reconsideration since you have new evidence.
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I don't want to NOD it, since the information wasnt' available at the time-I dont disagree with the 30% that I was granted, based on the information that they had in my claim file. This is 'new' information that I received after my claim had already gone to decision.
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That im not sure of. Im not a PTSD guy. In most cases ive seen that with PTSD, MDD is a symptom of PTSD, so you'd file for PTSD since it, as a whole is usually worse.
Im surprised that you are having issues with the sleep study-I talked to my PCP about it, and my Psych, and a consult was put it. I didnt have to jump through any major hoops for it. Suck.
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If you are already rated for PTSD, then that will take precedence over the MDD. You can only have one mental health rating and the worst one is what will get rated. The Sleep issues may fall under PTSD, or you may have obstructive or central sleep apnea-and THAT can be rated separately, secondary to PTSD. The radiculopathy and DDD are separate ratings unto themselves. I originally filed for MDD secondary to my DDD pain and radiculopathy. It has it's own rating. My radiculopathy is a 10% rating in one extremity, and the DDD was my initial rating and what discharged me from the Army (trauma injury-non-combat).
I am receiving current treatment from CAVHCS Mental Health for the PTSD. I don't have a civilian doc though, can't afford one at this time unfortunately. I will take your advice and file the 21-4138 for the MDD, Radiculpathy and Insomina, thanks for clarifying that. So the other conditions will be considered as secondary correct?
It took years and moving to another state to finally get those CT Scans, MRIs, ultrasounds, etc. done; by the grace of God the issues I had through the years are noted in my Progress Notes.
I am not taking any chances and I will hand deliver every claim to the RO.
I've been hearing those "suck it up", "you don't look disabled" or getting laughed at in my face for years now.....I use to get to me which discouraged me and I would give in, but I am learning to overlook it now. I deal with enough stress as it is to allow people like that to continue to deter me. Especially with my finding this forum and understanding that I am not alone in this fight and there are fellow vets that are willing to help.....that goes a long way and I thank you all.
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Im pretty sure you can still use both. They are different systems.
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Depression, radiculopathy (numbness), and sleep issues can all be rated separately, though the sleep issues would probably fall under mental health and be tied in with the depression. Provided that you are receiving current treatment (mental, anyway) and have visits to your PCP/Civilian doc it shouldn't be that hard. Write up a 21-4138 (or, a 21-526B, either will do) and explain your situation, why your conditions are worse and how they limit you.Then provide the documentation you have. Certified mail, or hand carry, or fax to your RO. Done.
A VSO shouldn't be telling you you are faking if you have the docs/medical stuff to go with it.
CAS
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While the contents of the letter distress me greatly, in this context, I feel that it may be beneficial in some small way. I asked my employer a few months ago, when I filed for depression, to write up a letter for me to submit-he has just not gotten to it. I have since been 'formally' written up for unprofessional conduct to a client (an email exchange), and have been rated 30% for depression. My therapist also wrote me a letter, that I was not able to get submitted before my rating finalized, documenting our sessions, and that I am depressed, with emotional issues and concentration/sleep problems.
Will this letter from my employer benefit, in any way, a request for increase for Depression, or possibly a filing for IU in the future? He's open to rewording aspects of it if necessary, thoug the meat of it is what it is.
Thanks,
CAS
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Thanks, Workaholic.
The Elavil was for sleeping 'issues' that I was having, though, I can't say that wasn't due to stress/pain/whatever from dealing with my back and waiting for my MEB/PEB. Honestly, the longer I was on profile the more weight I gained, and that has continued ever since. My wife says the sleep issues and breathing have been there since she met me in college, pre-enlistment, but how to show that it was aggravated by later events might be quite a hurdle, since there is no diagnosis of sleep issues pre service, or even in service, other than the elavil-and that was the on post clinic, written on a sick call slip 'take elavil, 10mg'. NO mention on the slip for 'what'.
I honestly wouldn't mind being a precedent setter for chronic pain/medication induce obesity leading to SA, since the less I eat, the less I lose weight. *shrug* I can't shake more than about 10 lbs at a time and if im really careful I don't gain more than 5-10 lbs, either, but that is more tied to diet than activity, and monitoring calories to be under 2000 daily.
Sorry for the late reply, but I just recently celebrated a birthday and as the nickname says, I am a "workaholic." Sleep apnea is a horse of another color. I can tell you what I've seen at my regional office relating to the subject, but the majority of the time, you are going to need a medical opinion to link it to your military service (if there is no record of sleep problems or a diagnosis in service). You can try and link it secondary to taking medicine prescribed for a service connected condition (for example, I have seen tinnitus secondary service connected for hydrocodone usage for a service connected back condition. There have been studies that link hydrocodone(due to side affects) and tinnitus); however, even with all this being true, it ultimately comes down to the VA examiner you have and if in his/her opinion that condition is caused by medicine usage for a service connected condition. And, of course, it all depends on the luck of the draw with who you get as your VA Examiner, as you may already know. With that being said, let me check with a friend of mine at the VA Regional Office near me and I will get back with you. I will tell you that VA has proposed (but not fully implemented) where you will be able to go to your private doctor with a VA Exam worksheet and have him/her give you the medical opinion. Although this seems like a good idea, unfortunately, if you live in my state, you have to "doctor hop" to find a doctor who would even perform the exam because most doctors here wouldn't want to get involved because of possible legal issues. Let's not even mention the medical insurance part of it. Check back with me soon.
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Thanks, Gulf, I assumed they all went to the same place in St. Louis, and from your post it sounds like they don't.
CAS
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You can't ask for your medical records from the 1-800 peopld (VA hotline?). You get your records from the civilian treatment facilities, your unit, or if its been a long time, from NPRC in St. Louis. You can request your VA file from VA, but you have to do it in writing and it can take some time-months for some. If you request your claim file in the midst of a claim I would think that it would delay your claim if they did the copying first. If they waited to finish the claim before copying you could be waiting a while, and not have the information you are looking for.
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Gothca. Thanks!
CAS
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For those of us 'young un's" what is TKR/TKP?
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You can file for chronic pain, though it usually falls under an MH award, and the pain is a secondary condition to the MH. For example, I am rated for depression that is secondary to chronic pain. Chronic pain itself can't be rated (though there is a 'Chronic Pain Syndrom" that can be rated, but you have to be diagnosed with it specifically). So, you can file for chronic pain if you are diagnosed, otherwise pain is considered under the Deluca ruling as a secondary condition to your other maladies.
MH is a whole separate rating, that you can apply for, if you are under the care of MH, either VA or civilian.
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Id say that it sounds promising.
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Following this discussion. I was diagnosed last week with severe apnea ( I dont' know if it's obstructive or mixed) I take hydrocodone, meloxicam, gabapentin for a back injury, and zoloft for depression. I found in my medical records where I was prescribed elavil in 2002 by my (then) army PCP before I discharged for sleep problems as well, but I never claimed it, then.
This is how it all started;
When VA SC me for a bad knee in 07, they prescribed hydrocodone at first, then it was changed to oxycodone later. Since then, my private Dr prescribed morphine with the oxycodone as a kicker, due to the pain in my back (NSC) and knee (SC).
My Sleep Study that I just had last week showed sever Central Apnea and not Obstructive Apnea. Even tho during the test, they placed a mask on me which also showed it was working for a while, until I started to have more episodes. All this is what the Tech told me afterwords.
I was told the pain meds can be one of the conditions that causes Central Apnea. The others are, head injury or spinal cord surgery. Central Apnea is defined as; It's a condition where the mind fails to tell the muscles to breathe, verses Obstructive, where there is an obstructing condition blocking the airway.
I have to wait till my sleep Dr. gets the results in order to get the whole scoop. But the tech said I will more than likely have to wear the mask.
Carlie, I don.t see an alternate for the pain except opiates, except maybe surgery, which is a no at the present time.
Pete, wouldn't Apnea be considered as a side effect from the hydrocodone the VA prescribed for the SC injury?
Coot
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For ED you get a 0% and 'may' get loss of use SMC. Tinnitus, if compensible, should be a 10%.
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It means that there are aspects of the website that are not 128bit encrypted. If the site, as a whole, was, there would be a green padlock there.
CAS
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I did appeal-the initial denial was because I had a 2 year old, so it must have worked, right? *lol*
I appealed that decision and won ED. I then applied for SMC, and they said that I did not have 'full loss of use' under the definition. I responded with NOD that showed I was taking Levitra. Their SOC reply said that since I had initially been taking zoloft for PME, (but im now taking it for the depression) and levitra, they can't determine whether Im taking the Levitra for PME or loss of erectile power. I have not yet contacted my PCP about it to have him write up something that says my MH provider recommended that I continue taking the zoloft for depression (not PME) and that the levitra is not for that, either.
Its a confusing mess since he was using the zoloft to initially treat a secondary condition, but then I was diagnosed with depression so I just kept on taking it.
CAS
I hope you're appealing the SMC denial!
pr
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It will be nice, yes, but while some people's costs are up, most costs are down for consumer goods, and that is the value that is tied to COLA for the last several years. If prices are down, there is no need for a COLA, either. Prices are adjusting back up now, and more people are buying, so now there is the possibility of a COLA.
CAS
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Hate to break your bubble, but they usually give you a prostate exam to check for enlargement putting pressure on other things, and to check for infections. They ask a lot of questions about your sexual (or not) history), and do a blood lab or two. SMC may or may not be a factor. In my case, I have ED but it was originally granted for nerve impingement and premature ejaculation due to my spine. Now its progressed to 'no go' and I have levitra for that, but I was denied SMC because when I was prescribed levitra the doc didn't say it was for 'non-existant' erections. I take zoloft for prematurity, but after it was prescribed I started seeing a MH practitioner for depression. She said keep taking it for it's MH effects. SO, I take zoloft for MH 'now', but was prescribed it 'then' for another condition. Its a fun mess.
SMC isn't always a given depending on the situation.
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Medication taken for depression or depressive symptoms can affect virility, as can heavier doses of pain medication. Depression itself can contribute to ED as well.
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The analogy ive seen used for this before was "just because you take medication for your ED doesn't mean you don't have ED" and "just because you have a prosthetic or brace doesn't mean that that part suddenly works OK now". If your opiates are causing CSA and you are taking them for another condition there isn't a lot that can be done about that.
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Medical care, probably but it depends on the discharge. In order to be considered a 'veteran' he must have, among other things, been discharged with a characterization of at least "other than dishonorable".
Beneficial Letter From Employer Re: Increase Depression Or Eventual Iu?
in VA Disability Claims Research
Posted · Edited by brokensoldier244th
see attachment to original post. Concrete proof for me to provide as my employers opinion that I have decreased efficiency, arbitrary and specific job limitations that apply only to me, and difficulty/emotional issues in relating/dealing with clients, and memory difficulties involving things that are not highly retained. I didnt have any assessment from him at work documenting any of this, now I do.
CAS