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  1. So I was reading over my C&Ps report and the VA rater is asking the C&P examiner to provide "an opinion as to whether or not the veterans service connected disabilities render the veteran unable to secure or maintain substantially gainful employment." Does this seem like a question the VA rater should be answering the C&P examiner according to new FL 13-13? I have attached a Page from C&P, take a look at highlighted area, Thanks.
  2. I began a claim in August 2013, after going to the VAMC for the past 12 years from time to time for what they now call "anxiety and depression". I initially went to the VARO and they initiated a claim for "anxiety due to physical assault in basic training" and "back condition". Only on my second visit to the VARO did they provide me with Form 21-0781 for determining PTSD. The VAMC according to my medical records have never used the term "PTSD" in my file as of yet. I have since gone to the DAV for representation, thanks in part to the great information on this website. I gave them my buddy statements to submit on my behalf since there was no documentation of the assault at the time. I am concerned that as of today by file has been moved to the "Preparing for Decision" phase on eBenefits webpage. They estimate my claim to be complete between Jan 2014 - April 2014 - moving the window up one month from last week. That means my claim could be complete in less than six months total time. I know I should be happy that it's not taking two years to complete, but this is almost too fast, maybe? They did the C&P for my back in October already (and have military documentation of a back condition on active duty), and I was not happy with the results when I read my records. I was unprepared and had not talked to the DAV yet, and didn't realize they rate your range of motion and not whether bending over causes you pain or not. I have never done a C&P for PTSD or anxiety. Could they be using my medical records and buddy statements and not require a C&P? Or could that still happen? I'm a bit naive on this whole process. I didn't even know there was such a thing as SC disability unless you got hurt in combat. Any help, thoughts, suggestions would be appreciated. Thanks.
  3. I am currentley rated at 100% PTSD 20 % Right Shoulder. I requested P&T after reading the eaminers notes I am concerend should I be ? Veteran appears stabilized on a consistent medication regimen, and his participation in treatment as proven to be beneficial overall. Self-report test scores included BAI = 34, BDI-II = 40, and PCLM = 73. These scores reflect the occurrence of moderate anxiety, severe depressive symptoms, and noteworthy PTSD symptomatology. However, veteran's presentation during the evaluation and the description he provided of his day-to-day activities indicated functioning not consistent with the above-mentioned level of symptoms. Careful scrutiny of this discrepancy is recommended as a result. So if I even try to be productive around the house and help out when I can I feel like I will be punshished
  4. One part of my claim (03/12 submiited) is the contention that my fibro symptoms started while in the military and have such documented in medical and hospital records. However in 1976 the word fibromyalgia was not yet in use so nothing states that term. I had 2 Nexus letters to acknowledge same. After 7-8 months I was called in for 2 C&P exams relating to other area of my claim back problems caused by spinal taps in military and anxiety disorder. File sat gathering dust since 11/12 until file was moved from Cleveland to Fargo to be worked. I received notice to report for another C&P for hypertension. Did that last week. e-Benefits now shows that I have moved from the gathering dust stage to the Preparation for Decision stage. I realize it is just conjecture but do you thinking since they did not order C&P exam for the fibro that they are accepting the Nexus letters (one VA doc, one civilian doc) for the rating? Both letters were favorable to my claim.
  5. I just got a notice stating that I have a C&P exam this Thursday in South Carolina. Just wanted to see what I should expect. My buddy that I came in the marines with and got out with went to his the other day in a different state, and they gave him his percentage while he was there. Is this a strange occurrence? Anyway, here is a list of what they'll be covering with me. I just want to know what to expect while I am there. shoulder condition, right, wrist condition, bilateral, elbow condition, bilateral , ankle condition, bilateral , back condition, headaches, hearing loss, ringing in ears, dry eyes, acid reflux, chronic cough, abdominal pain, erectile dysfunction, insomnia, anxiety condition
  6. 1. Diagnosis: TBI? NO 2. Medical Record review: C-File Other: Emergency care and treatment (10/4/1993) 22 yo wm hx of fall while playing football with injury to his left shoulder, neg LOC. DX contussion + abrassion to left shoulder 3. Medical history The veteran states during his military service in the Army, he was playing football when he injured his head, low back, and his left shoulder. He was tackled adn he was knocked out for about 30 min. He was stransferred to teh hospital. He said that his first memory was woke up in the field. He had x-rays on his back and his shoulder. Since then, he has been complaining recurrent low back pain due to suspected pinch nerve and osteoarthritis. He has been seen or ER at VAMC because of his back. He also recalled that he had Physical Therapy during his Army time. He also recalled that during his Desert Storm, he was hit in the head but had no LOC. He denies any other accident or trauma over his head, back, or his shoulder. From his head trauma, he still having cognitive problem and memory issues. From his left shoulder, he is having pop all the time, some weakness and LOM. He is having a constant 4/10 on pain intensity but its depend on activities. Sometimes is a zero but sometime is an 8/10. From his low back, he is having a constant back pain about 4/10 on pain intensity. His worse pain is a 10/10 on pain intensity once a year. He is on Naproxen with fair response. SECTION II: Assessment of facets of TBI-related cognitive impairment and subjective symptoms of TBI 1. Memory, attention, concentration, executive functions <X> A complaint of mild memory loss (such as having difficulty following a conversation, recalling recent conversations, remembering names of new acquaintances, or finding words, or often misplacing items) , attention, concentratin, or executive functions, but without objective evidence on testing. 2. Judgement: NORMAL 3. Social Interaction <X> Social interaction is occasionally inappropriate Remarks: He prefers to be alone 4. Orientation: <X> Always oriented to person, time, place, and situation 5. Motor activity <X> Motor activity is normal most of the time, but mildly slowed at times due to apraxia (inability to perform previously learned motor activities, despite normal motor function) 6. Visual spatial orientation <X> Mildly impaired: Occasionally gets lost in unfamiliar surroundings, has difficulty reading maps or following directions. Is able to use assistive devices such as GPS 7. Subjective symptoms. NONE 8. Neurobehavioral effects <X> One or more neurobehavioral effects that do not interfere with workplace interaction or social interaction. Remaks: He is having anger problem and easily irritable. 9. Communication. <X> Able to communicate by spoken and written language and to comprehend spoken and written language. 10. Consciousness NORMAL Section III Additional residuals, other findings, diagnostic testing, functional impact and remarks 1. Residual? 2. Other pertinent physical findings, scars, complications, conditions, signs and/or symptoms a. Scars? NO b. Other pertinent physical findings, complications, conditions, signs and/or symptoms? YES Describe: General the veteran is alert, active and oriented x3. It's adequately dressed and normal hygiene. Head - normal size and shape wwithout evidence of trauma Eyes - pupils equally round and reactive to light, extrocular movements are normal. Viual field and acuity are within normal limits. Ears - grossly normal in auditory acuity Neurological exam Cranial nerves exams (I to XII) within normal limits Gait - tandem gain (normal), walking on heels and toes (abnormal). 3. Diagnostic testing a. Has neuropsychological testing been performed? YES If yes, provide date: 7/25/2012 Results: MoCA test 27/30 normal exam. Low score on copy the cube (0/1) and language (1/3) more likely related to PTSD problem. Not a cognitive problem. 5. Remarks, if any C-file was reviewed. No evidence of traumatic brain injury. No residual of traumatic brain injury.
  7. Dear fellow veterans. I have seen a couple of stories about such things going on with the VA claims and I just want to know what makes these overpayment/debt happen? I researched it online and still didn't figure out the whole detail of it. For example: does having an employment affect 100% SC disability (Not TDIU)? or If the C&P re-exam (after 2 years) proved to be better from your first C&P exam (claiming stage), and they deducted your rating from say 100% to 40%, would it mean paying for that past or changed rating also? (is that overpayment?) Also how about things that was the VA's fault? for example if the beneficiary had a PFT for asthma for first C&P exam, and it's results were normal, but due to a medical documents such as doctors report from military and official hospitalization with prescribed asthma medication, the veteran received 100% OIF/OEF asthma condition--- What do you think it would be? is it something the VA had messed up? because what if the C&P routine re-exam proved to be normal also but the beneficiary is still taking medicines without a notion that he/she is getting better? Could anyone please enlighten me on why as far as debt from VA is concerned (overpayment or so), what are the cases on which we as veterans might get LABELED as gaming it? because from what I see it looks like a double-standard? And that kind of frightened me because *what if* the VA THEORETICALLY thinks we are playing the game? Because, by God, If we have given them all they need for documents and they were certified too by the Navy hospital, would it be a case a beneficiary wins regardless of say the PFT test? Afterall,they probably won't give anybody an award in the first place if they think those documents were false i.e medical records and visits to the doctor for asthma in the military hospitals. Or I'm probably just paranoid too and stressed. Such for this case is my asthma on which I have normal PFT test when I first claimed, then they verified if I was actually using cortisteroid inhalers for my asthma giving me a 60% with matching depression overall. Then it also went to 100% once they verified that I was an OIF/OEF recipient due to the nature of my deployments. What do you guys think about this matter? Thank you for the kind reply and thank you for giving light to my question. I appreciate it very much.
  8. NO C-FILE 1. Diagnosis <X> Diabetes mellitus type II Date of Diagnosis: 2009 2. Medical History a. Treatment <X> Managed by restricted diet <X> Prescribed oral hypoglycemic agent(s) <X> Other (describe): Metformin 500 QD. On insulin while in hospital 2009 5. Diagnostic testing Current test results: Most recent A1C, if availabe: 5.7 Date: 6-12 Most recent fasting plasma glucose, if available: 112 Date 6-12 7. Remarks, if any: Type II DM
  9. 1. Diagnostic Summary Does the Veteran have a diagnosis of PTSD that conforms to DSM-IV criteria based on today's evaluation? YES 2. Current Diagnoses a. Diagnosis #1: PTSD Axis I Diagnosis #2: Alcohol Dependence in remission Axis I b. Axis III - medical diagnoses (to include TBI): Chronic pain, diabetes, hyperlipidemia, hypothyroidism, GERD, HTN, sleep apnea c. Axis IV - Psychosocial and Environmental Problems (describe, if any): Unemployment, recent death of dog d. Axis V - Current global assessment of functioning (GAF) score: 50 3. Differentiation of symptoms a. Does the Veteran have more than one mental disorder diagnosed? YES b. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis? YES If yes, list which symptoms are attributable to each diagnosis: The Veteran no longer drinks alcohol. 4. Occupational and Social Impairment a. <X> Occupational and social impairment with reduced reliability and productivity SECTION II: CLINICAL FINDINGS: 1. Evidence Review a. <X> Claims Folder (C-file) <X> YES <X> Other, please describe: Interview, CPRS and Vistaweb review b. Was pertinent information from collateral sources reviewed? NO 2. History a. Relevant Social/Marital/Family history (pre-military, military, and post-military): The Veteran reported a generally normal childhood and socialization although he had few friends growing up. He was married once for 6 years and had one daughter, but divorced after his wife cheated. He was married a second time for 4 years, but divorced after his wife cheated. He has been married for the past 3 years which is doing well. He spends his days shopping, cooking, watching TV, doing yardwork, going to church, and sometimes fishing. b. Relevant Occupational and Educational history (pre-military, military, and post-military): The Veteran completed the 12th grade. He completed 1.5 years of college with a 3.5 GPA in construction management, but left school when he was unemployed and unable to afford it. The Veteran worked in construction management at 2 different positions for 7 years total, leaving them for better positions, but at his 3rd position which he held for 4-5 years he was laid off as part of a downsizing maneuver. The Veteran did well and was being groomed for a VP position, but did have an argument with a client which he believes may have impacted the decision to let him go. He has been unable to find work and began collecting SSDI for PTSD in 2009. c. Relevant Mental Health history, to include prescribed medications and family mental health (pre-military, military, and post-military): The Veteran first began psychiatric care in 2005 and psychotherapy last year. He currently attends group therapy and medications include prazosin and sertraline. He did participate in marital counseling during his second marriage. Family mental health history is positive for suicide and addiction. d. Relevant Legal and Behavioral history (pre-military, military, and post-military): One suspension in school for fighting. One Article 15 in 1996 for having a foreign national in his barracks. e. Relevant Substance abuse history (pre-military, military, and post military): The Veteran does not smoke. He did smoke marijuana regularly from 2000-05. The Veteran began drinking heavily following Desert Storm until 2009 and would drink 24 beers or more until passing out. 3. Stressors a. Stressor #1: On 2/25/91 the Veteran was on guard duty at Khobar, Saudi Arabia when a SCUD landed and killed 28 soldiers and injured 250 others. The Veteran was later required to remove his protective mask to assess the possibility of chemical agents. Does this stressor meet Criterion A (i.e., is it adequate to support the diagnosis of PTSD)? YES Is the stressor related to the Veteran's fear of hostile military or terrorist activity? YES 4. PTSD Diagnostic Criteria a. Criterion A: <X> The Veteran experienced, witnessed, or was confronted with an event that involved actual or threateded death or serious injury, or a threat to the physical integrity of self or others. <X> The Veteran's response involved intense fear, helplessness or horror. Criterion B: <X> Recurrent and distressing recollections of the event, including images, thoughts, or perceptions <X> Recurrent distressing dreams of the event Criterion C: <X> Efforts to avoid thoughts, feelings or conversations associated with the trauma <X> Efforts to avoid activities, places or people that arouse recollections of the trauma <X> Markedly diminished interest or participation in significant activities <X> Feeling of detachment or estrangement from others <X> Restricted range of affect (e.g., unable to have loving feelings) Criterion D: <X> Difficulty falling or staying asleep <X> Irritability or outbursts of anger <X> Difficulty concentrating <X> Hypervigilance Criterion E: <X> The duration fo the symptoms described above in Criteria B, C, and D is more than 1 month Criterion F: <X> The PTSD symptoms described above cause clinically significant distress or impairment in social, occupational, or other important areas of functioning b. Which stressor(s) contributed to the Veterans PTSD diagnosis?: <X> Stressor #1 5. Symptoms <X> Anxiety <X> Chronic sleep impairment <X> Difficulty in establishing and maintaining effective work and social relationships <X> Difficulty in adapting to stressful circumstances, including work or a worklike setting 6. Other symptoms: NO 7. Competency Is Veteran capable of managing his or her financial affairs? YES 8. Remarks, if any The Veteran reported symptoms consistent with a diagnosis of PTSD. He reported a stressor wich would meet diagnostic Criterion A for PTSD and is consistent with the kinds of duties expected of a service member at that time and in those circumstances. There are no pre- or post-military traumas which would account for his symptoms and his entrance physicals on 5/31/88 and 7/7/88 do not show any indications of prior psychiatric history or treatment. It is at least as likely as not that the Veteran has PTSD that was caused by or resulted from military service. The Veteran reported only mild anergia and amotivation as current symptoms of depression. He did report prior depressive episodes beginning after service in Desert Storm, but these are more likely than not manifestations of PTSD rather than a separate medical entity. After the interview, the psychologist shook my had, thanked me for my service, and said "enjoy your retirement" Thoughts? Thanks in Advance!
  10. NO C-FILE - In G/W 12-90 - 4/91 - In Saudi and Border of Iraq 1. Diagnosis Does the Veteran now have or has he/she ever been diagnosed with Fibromyalgia? NO 2. Medical Record Review: CPRS 3. Medical History a. Describe the history of the Veteran's fibromyalgia condition: Sore in joints most of time -- soreness in muscles. Occ twitching of muscles. b. Is continuous medicatino required for control of fibromyalia symptoms? YES Naproxen for yrs, now on Tylenol 500 4. Findings, signs and symptoms Does the Veteran currently have any findings, signs, or symptoms attributable to fibromylagia? YES a. Findings, signs and symptoms (check all that apply): <X> Widespread musculoskeletal pain <X> Muscle weakness INTERMITTENT <X> Fatigue <X> Sleep disturbances <X> Paresthesias <X> Headache <X> Depression <X> Anxiety <X> Irritable bowel symptoms 8. Remarks, if any: The Veteran does answer yes to most of questions above but I do not believe he has fibromyalgia. He is obese, out of shape and has a lot of mental issues which all could contribute to above yes answers above.
  11. 1. Diagnosis: Does the Veteran now have or has he/she ever been diagnosed with a thoracolumbar spine (back) condition? YES If yes, provide only diagnoses that pertain to thoracolumbar spine (back) conditions: Diagnosis #1: Low back strain and degenerative disc disease Date of Diagnosis: UNKNOWN 2. Medical history: The veteran stated during his military service in the Army, he was playing football when he injured his head, low back, and his left shoulder. He was tackled and he was knocked out for about 30 min. He was transferred to the hospital. He said that his first memory was woke up in the field. He had x-rays on his back and his shoulder. Since then, he has been complaining recurrent low back pain due to suspected pinch nerve and osteoarthritis. He has been seen or ER at VAMC because of his back. He also recalled that he had Physical Therapy during his Army time. He also recalled that during his Desert Storm, he was hit in the head but had no LOC. He denies any other accident or trauma, he still having cognitive problem and memory issues. From his left shoulder, he is having pop all the time, some weakness and LOM. He is having a constant 4/10 on pain intensity but its depend on activities. Sometimes is a zero but sometimes is an 8/10. From his lower back, he is having a constant back pain about 4/10 on pain intensity. His worse pain is a 10/10 on pain intensity once a year. He is on Naproxen with fair response. 4. Initial range of motion (ROM) measurement: a. forward flexion ends: 60 Select where objective evidence of painful motion begins: 40 b. Select where extension ends: 15 Select where objective evidence of painful motion begins: 10 c. Select here right lateral flexion ends: 20 Select where objective evidence of painful motion begins: 20 d. Select where left lateral flexion ends: 20 Select where objective evidence of painful motion begins: 20 e. Select where right lateral rotation ends: 20 Select where objective evidence of painful motion begins: 20 f. Select where left lateral rotation ends: 30 Select where objective evidence of painful motion begins: <X) No objective evidence of painful motion 5. ROM measurment after repetitive use testing a. Is the Veteran able to perform repetitive-use testing with 3 repetitions? YES b. post test forward flexion ends: 60 c. post test extension ends: 15 d. post test right lateral flexion ends: 20 e. post test left lateral flexion ends: 20 f. post test right latereral rotation ends: 20 g. post test left lateral rotation ends: 30 or greater 6. Functional loss and additional limitation in ROM b. Does the Veteran h ave any funtional loss and/or functional impairment of the thoracolumbar spine (back)? YES c. If the Veteran has a functional loss, functional impairment and/or additional limitations of ROM of the thoracolumbar spine (back) after repetitive use, indicate the contributing factors of disability below: <X> Pain on movement 7. Pain and muscle spasm (pain on palpation, effect of muscle spasm on gait) a. Does the Veteran have localized tenderness or pain to palpation for joints and/or soft tissue of teh thoracolumbar spine (back)? YES If yes, describe: thoracolumbar paraspinal muscle b. Does the Veteran have guarding ofr muscle spasm of the thoracolumbar spine (back)? YES If yes, is it severe enough to result in: <X> Guarding and/or muscle spasm is present, but do not result in abnormal gait or spinal countour 10. Sensory exam Foot/toes (L5): Right and left Decreased 14. Intervertebral disc syndrome (IVDS) and incapacitating episodes a. Does the Veteran have IVDS of the thoracolumbar spine? YES b. If yes, has the veteran had any incapacitating episodes over past 12 months? NO 18. Diagnostic testing a. Have imaging studies of the thoracolumbar spine been performed and are the results available? YES If yes, is arthritis documented? YES c. Are there any other significant diagnostic test findings and/or results? YES If yes, provide type of test or procedure, date and results (brief summary): Report status: Verified Date Reported: Nov 10, 2011 Date Verified: Nov10, 2011 Impression: Frontal and Lateral Lumbar Spine 11/9/2011: No comparison lumbar spine. Preserved lumbar column alignment, vertebral body heights and disc spaces. Multilevel anterior osteophytic lipping. Normal sacroiliac joints. Posterior fusion anomaly at lumbosacral transition. Nonobstructive bowel gas pattern. Indeterminate renal outlines. No opacities to suggest biliary, pancreatic, or urinary tract stones. 19. Function Impact YES, He is on SSDI due to Mental and Physical condition. 20. Remarks, if any: C-File was reviewed. No evidence of back injury during service.
  12. NO C-FILE 1. Diagnosis Does the Veteran now have or has he/she ever had a skin condition? YES <X> Dermatitis or Eczema Diagnosis: Eczema Date of diagnosis: UNKNOWN 2. Medical History: Right hand gets crusty/dry. Gets discoloration lower legs from Edema. 11. Remarks, if any: His discolored rash lower legs is from Edema -- Stasis Dermatitis. he only has Dry skin of right hand only. No rashes related to the military or G/W.
  13. NO C-FILE 1. Diagnosis Does the Veteran now have or has he/she ever been diagnosed with an intestinal condition? YES <X> Other non-surgical or non-infectious intestinal conditions: Other Diagnosis #1: Diarrhea/Constipation Date of Diagnosis: UNKNOWN 2. Medical History: Intermittent constipation and loose stools 3. Signs and Symptoms: <X> Diarrhea If checked, describe: Loose Stools QD -- Averages 2-3 per day <X> Alternating diarrhea and constipation If checked, describe: Constipation once Q 2 Wks - Constipation lasts 1 day only <X> Abnominal distention If checked, describe: Q 2WKS and has a lot of Flatus 11. Remarks, if any: Loose stools with OCC Constipation -- ET Unknown
  14. NO C-FILE 1. Diagnosis Does the Veteran now have or has he/she ever been diagnosed with an esophageal condition? YES If yes, indicate diagnoses <X> GERD Date of Diagnosis: UNKNOWN 2. Medical History b. Does the Veteran's treatment plan include taking continuous medications for the diagnosed condition? YES OMEPRAZOLE 20 3. Signs and Symptoms <X> Reflux <X> Regurgitation 6. Diagnostic Testing a. Have diagnostic imaging studies or other diagnostic procedures been performed? YES If yes, check all that apply: <X> Upper endoscopy Date: 3 yrs ago in West Virginia VA Results: GERD/H.H. 8. Remarks, if any: GERD now stable with Omeprazole
  15. NO C-FILE 1. Diagnosis Does the Veteran now hae or has he/she ever been diagnosed with a liver condition? YES <X> Other Liver conditions: Other diagnosis #1: Fatty Liver/HO Elevated LFTS in the military? Date of diagnosis: ? 1994 2. Medical History a. Told of LFTS elevation at Fort Polk - Not treated, no hepatitis 4. Diagnostic testing b. Have laboratory studies been performed? YES <X> AST Date: 6-12 Results: 32 <X> ALT Date: 6-12 Results: 57 6. Remarks, if any Fatty liver per ultrasound with normal LFTS and negative Hepatitis panels. Mild hepatomegaly with increased echogenicity of liver, most likely consistent with fatty change or diffuse hepatocellular disease. Mild splenomegaly. Incomplete evaluaton of the pancreas due to overlying bowel gas.
  16. NO C-FILE 1. Diagnosis Does the Veteran now have or has he/she ever been diagnosed with hypertension or isolated systolic hypertension based on the following criteria: YES If yes, provide only diagnosies that pertain to hypertension: <X> Hypertension Date of Diagnosis: UNKNOWN 2. Medical History a. Borderline hypertension in military but never treated. Started meds in West Virginia 2005 b. Does the Veteran's treatment plan include taking continuous medication for hypertension or isolated systolic hypertension? YES HCTZ 25 3. Current blood pressure readings 1. 160/100 7-31-12 2. 180/100 7-31-12 3. 155/102 7-31-12 6. Remarks, if any: Hypertension not controlled
  17. NO C-FILE 1. Diagnosis <X> Hypothyroidism Date of Diagnosis: 1996 - Not treated 2. Medical record review <X> Other, describe: CPRS Notes 3. Medical history a. Describe teh history of the Veteran's thyroid and/or parathyroid condition: States DX with hypothyroidism in 1996 while in the military. Been on medications 2005 b. Is continuous medication required for control of a thyroid or parathyroid condition? <X> YES Synthroid 0,137 4 Findings, signs and symptoms b. Does the Veteran currently have any findings, signs or symptoms attributable to a hypothyroid condition? YES If yes, check all that apply <X> Fatigability If checked, describe: QD <X> Constipation <X> Mental sluggishness <X> Muscular weakness <X> Weight gain ---- Baseline 300 current 310 <X> Sleepiness <X> Cold Intolerance 5. Physical exam d. Blood pressure: 160/100 6. Reflex exam 1+ Hypoactive Biceps Right 1+ Left 1+ Triceps Right 1+ Left 1+ Brachioradialis Right 1+ Left 1+ Knee Right 1+ Left 1+ Ankle Right 1+ Left 1+ 10. Diagnostic testing b. Has laboratory testing been performed? YES <X> TSH Results: 6.65 Date: 12/11 12. Remark, if any: Hypothyroidism
  18. NO C-FILE 1. Diagnosis Does the Veteran have or has he/she ever had sleep apnea? YES If yes, provide only diagnoses that pertain to sleep apnea and check diagnostic type: <X> Obstructive Date of Diagnosis: 5-12 2. Medical History a. Describe teh history (including onset and course) of the Veteran's sleep disorder condition (brief summary): He states he snored in teh military but never dx with OSA. b. Is continuous medication required for control of a sleep disorder condition? YES If yes, list only those medications required for the Veteran's sleep disorder condition: Prazosin c. Does the Veteran require the use of a brething assistance device such as continuous positive airway pressure (CPAP) machine? YES 3. Findings, signs and symptoms Does the Veteran have any findings, signs or symptoms attributable to sleep apnea? YES If yes, check all that apply: <X> Persistent daytime hypersomnolence 5. Diagnostic testing a. Has a sleep study been performed? YES Date of sleep study: 5-12 Results: OSA and given CPAP 6. Functional impact <X> NO 7. Remarks, if any OSA
  19. Well, ePeggy updated today and now shows that my completion date went from January 28, 2013 to July 15, 2012. I guess since we are having fictional completion dates, I will also make up a fictional rating. Therefore, I rate myself 100% with no future appointments. I wonder if they will buy that? Btw, since eBenefits started displaying the estimated completion dates, this is now my third version. My first estimated completion was October 30, 2012, and I was disheartened a bit when it was bumped back to January, 2013. Now I'm just finding the whole process hilarious. Can I get rated for eBenefits Delerium....at least like 10 or 20%? At least they did give the disclaimer now, "Your claim is being processed by the Regional Office. We generally process claims in the order received. We recognize that your claim has exceeded the projected completion date and remain committed to completing our review as quickly and accurately as possible. Thank you for your patience." Anybody else have a third round of completion date changes yet? Mark
  20. I just received a letter this weekend that the Cleveland VARO has ordered 3 C&P exams. A little background first. 10/2010 - Submitted TDIU claim 11/2010 - General C&P exam & Mental health C&P 04/2012 - Received Rating increase decision, which was automaticaly filed by VA when filing TDIU. Total rating stayed the same (70%), but was lowered on my back without a ROM exam even the C&P Doc put measurements in my exam results, which is the main reason for my NOD letter above. TDIU deferred. 04/2012 - TDIU deferred status goes back to gathering evidence phase. 08/2012 - NOD sent. See my profile for sample letter I sent disagreeing with general C&P that was performed in 11/2010. 01/2013 - VA acknowledges my NOD & I selected a DRO to review it. 01/2013 - VA requests new C&P exams. What can I do to guard against the VA using the C&P as the sole weight when deciding my claim? I hope this C&P doc is a good one & doesn't lie like the last one. It was a good thing he didn't perform the last C&P according to VA regs or it would of been my word vs his. Can I record the C&P? If yes, do I have to let the doc know I'm voice recording the C&P? I have the general C&P tomorrow, then another mental health & then a TBI next week. I hope they get it right this time, because I don't know how much more I can take of this! Any help is greatly appreciated! Thanks, ssgmajik
  21. Hello I have been reviewing 38 CFR Part 4 for some information; I am looking for the "Chapter & Verse" if you will within 38 CFR Part 4 for how the VARO Rated each one of my conditions. The Decision report dated 28 Nov 2012 does not give the details that I am looking for. After my Title 10 USC Chapter 61 Disability Retirement from the Air Force in June 2005 , I filed for disability with the VARO in Waco TX July 2005, In February 2006 I was found to be 80% disabled , then in June 2011 I was increased to 90% by winning some appeals. In October 2011 I filed again for worsening conditions and in December I was increased again to 100% overall NOT for Individual unemployables. The report listed all conditions as Static except for two conditions, Tension Type Headaches and Gastroesophageal Reflux Disease (GERD) both rated at 30% , I am looking for these conditions in 38 CFR part 4 but cant find them listed , right now all my conditions are 70%,30%,30%,20%,20%,10%,10%10%,10%,10%,0%,0%, as of November 28, 2012 and they made it retroactive from September 2011. The VARO wants to re examine me in June 2014 for Headaches and GERD, so I want to look up these conditions in 38 CFR part 4 if anyone can help me I would appreciate it. And yes I am a member of a VSO but they did nothing to help me research this information all they did was give me the web site to the Government printing office and said go wade through it yourself. I did but have not been able to pin point these two conditions. Thanks
  22. I have a pending claim for multiple sclerosis and sinusitis. The claim has a thorough IMO, SMRs, MRI images on DVD, and buddy statements. It is a "fully-developed" claim, with no further evidence to submit. However, no DBQs were sent in with my claim (based on multiple opinions from trusted folks that said they were not going to add any value). Because I am living and working in Afghanistan, attending any C&P exams will be quite difficult for me. Thus, I called my VARO to find out what I could expect with how my claim would be processed. The VA rep I talked to said that the appropriate DBQs will be mailed to me for what I claim, and I would have 60 days to have them completed. I can have any qualified physician (I'll use my IMO doc, of course) complete these to submit back to the VA. Are these recently launched DBQs now being used in place of showing up for C&P exams? That would be great if that were the case. I am guessing the VA is doing this to fray some of the costs and time to process claims? Seem like this is too simple a process...
  23. -- The short -- Today our VSO calls and says the report is a 180 from what we expected with a "More likely then not" The report, written up days after the first exam, pulls up some unrelated data from non VA medical documents and goes off in a different direction. The VSO told us to write up statements on VBA 21-4138, from each of us, detailing how the exam did not include any questions during the exam about this, explain the statements from the non-VA medical records, and get them in ASAP. He would try and get it ignored and a different C&P requested. Is this normal to have someone exam you, tell you clearly its related, then the report comes back the opposite?? Is there any practical chance to intercept this and work on it now, or are we doomed to the years long appeals board process when this comes back with a denial letter in a few weeks? -- The long -- The first C&P in 2011 needed a do-over because it failed to include any nexus statement. Those items were put down as deferred and a new C&P was ordered from the Gathering of Evidence stage. On 8/22 the 2nd C&P exam ended with "without a doubt the loss is service connected" from the DR and out the door we went. The 2nd Dr even read the first Dr's notes and said "yes, I can see where she says this is service connected, she just didn't put it in terms for the regional office" He also asked for a follow-up peripheral vision test, which was done last week. We called our VSO after each appointment to update them on how things went. We have been very positive. Regardless, we are working on the statements in support of our claim now, and will sign them and have them in our VSO's hands bright and early when they walk into tomorrow morning. It can't hurt to try. Both of us were there on a redo of a C&P, prepared and listening carefully. It just doesn't make sense that we both had rose colored ear muffs on.
  24. Hello all, I am new to this forum and you all are so helpful.
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