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      Hadit Podcast Radio Show 'Tonight'' 7:00 pm EST.   05/04/2017

      Just a Reminder for all you vets that have questions you need an answer to  please feel free to call in to the show tonight and ask your question/question's  John Basser and Jerrel Cook Will be glad to take your call. The # TO CALL 347-237-4819..After you get in just hit the number 1 Tonight they will have Hadit Elder Member Asknod  (Alex) as there guest Host and he is very Intelligent with VA  Claims and VA Related Information, if anyone can answer your questions it  is Alex. so call in to the show tonight  John & Jerrel will make * you feel at ease* you will be glad you called In...I promise ya.

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  1. Hi everyone! Hope all is well. I just wanted to stop in and say hello. I haven't been on here since late last year. Life is going good. As most know my story and it was a doozy, I finally got everything I deserved! Overall 90% and I couldn't be happier. It took a lot of hard work and sleepless nights and a lot of C&P exams and fighting the VA but I prevailed. I was thankful for this sight b/c without it I would have never met a great guy that helped me with the final phase of my rating. I am now just waiting on an EED for my contentions but I am really not really worried about it and if it happens great and if not, I am good. Don't give up EVER!
  2. I have been reading on this forum and am really nervous about the C&P exam that I have coming up this Thursday. It seems there are so many horror stories. I was triggered with PTSD summer of 2013 and had to call VA crisis line Nov 2013 when I was thinking of killing myself because I was becoming so unraveled and didn't understand why...hadn't been in the service since 1996 and didn't even know that MST existed...it wasn't until i talked to the crisis DR follow up the next day that he said it sounded like I had PTSD. I thought PtSD was just for people who saw war. I was out of on short term disability at work in Nov 2013, Dec 2013, March 2014, and haven't been able to work since June 2014. Since June 2014 I have been hospitalized 3 times for PTSD and Bipolar. The first hospitalization was at a VA facility and I was there only for the PTSD-MST. It wasn't until then that I found out that I could even get compensation for what happened to me in the military where I was gang raped. It took me until the end of Aug before I could even write a statement to file my claim. I have been suicidal since then a handful of times, disassociate, blah, blah, blah. I use to work full time, working on a Grad degree, second bachelors, and have two kids. I couldn't even keep my kids at home over christmas break and had to pay for daycare because I can't handle having them at home even though I dont' work. I even applied for the VA CWT program where they help you find a job and have a disability. They dropped me from the program saying I was "occupational maladjustment disorder". I'm concerned about the whole proof thing like many others who have posted here. I'm also afraid that they will think I am exagerating my symptoms, although my VA counselor has stated that I can't do CBT for the MST until I have sufficient coping skills which right now I do not. OK...proof...when the rape happened I was on shore duty and the perps where stationed on a submarine. When word got out they started an investigation on the submarine but nothing ever came from it. Shortly after I was asked to move off base and couple months later had to get tested for STD and turned out they left me with a parting gift. Is this enough? What I went through was so traumatic I don't know if I can take someone telling me it didn't happen. Second question. My VSO said that my statement should be enough since they should be able to pull records to cooberate my story. They have my VA hospitalization and treatment records since Nov 2013. Should I upload my hospital documents from the other two hospitalizations? My VSO thinks it will delay my claim and understands what a financial strain I am under now with not being able to work. What do you think? What can I expect? We are falling so far behind bills, I'm pulling my hair because I have gone from a someone to a nobody in a matter of a year. Anyhow any advice would help....thanks
  3. My heart goes out to all of my fellow survivors of MST ... For me, I have found I can no longer suppress and manage the daily physical and emotional affects of the sexual assault that took place on December 25, 1985 while serving on active duty. In effort to find some help, relief and hopefully someday healing I am starting the uphill journey to deal with this and try to share some of the highlights of my battle. I will be the first to admit I have no idea what I am doing and can only hope that God the father.... will guide my feet day by day. First step locating documentation of the event. A few weeks ago I was able to locate the police dept. and requested a copy of the report. I received a copy of the 15 page report this past week and it makes me emotionally and physically sick just to look at the envelope it's in. I also tried to locate medical records over the years from prior mental health therapists and physicians that would have documented my history as it related to these events, but the practices were closed or my records were no longer available due to time. April I called the VA to inquire about mental health services for MST and hesitated to start the process because the MST would not be marked in my record for all my providers to see. This was a big hurdle mentally as I have always hid this event at all costs from my providers. I am sure this did not help my physicians treat me and fully understand my ongoing medical problems especially those in which are usually brought on by some big life event which I always adamantly denied when asked. May 2nd 2017, I submitted a "intent to file". May 4th 2017, I went to a VSO rep?? to asked questions about the process to file a claim related to MST. The rep was belittling, insulting, hurtful, rude and I walked out of that office with no more information and the psychological affects were pretty devastating. At the encouragement from my daughter to go straight to the patient advocate office and file a complaint....I did just that. I found myself have a total mental breakdown just trying to give the details of what just went down and was thankfully met with support and many reassurances that I would have a team of people helping moving forward and that person would be brought in...dealt with and re-trained. I will spare you all the details. My next step is hearing from the mental health dept. to set up an appt. to do some type of baseline evaluation of my symptoms etc. as it related to MST... I guess to get an official diagnosis on record and to get me the specific therapy I need started. I will likely opt for tele-therapy once I have a few sessions onsite at the VA. That's it for now
  4. Hi, This afternoon I have my C&P exam for PTSD secondary to MST, with a contracted provider. I found out Friday evening after work. Fed Ex had delivered the paperwork earlier, but I didn't get a chance to see it until I got home from work. To say that I am nervous would be the understatement of the year. I am desperately trying to hold myself together. My digestive system is all out of whack. I did spend an hour on the phone last night with a wonderful person from a non VSO group. She is a Marine and has trauma history, so that made the connection pretty easy. She gave me a lot of good tips, if I could only remember them when it's crunch time. One of my biggest fears is that this will be just like my previous mental health C&P...where that examiner, a VA employee, when straight for the jugular and ignored my heaps of physical evidence. I don't know why I am even doing this. I fully expect to get more of the same....nothing. If I do get granted SC, the shock of that may well kill me...because that goes against the grain of what the VA has given me over the years....tons of grief and denials. Anyway, just wanted to write this down as some kind of therapy... No body has to read it, or respond. I'm not here anyway.........
  6. Do they qualify for a retiree ID? Do they qualify for PX & Commissary privileges? Do they qualify for state benefits for being rated 100% P&T? Even if their DD-214 states Other Than Honorable?
  7. Good morning, I filed a Fully Developed Claim on May 16th for Sleep Apnea secondary to PTSD.I included a DBQ from my Civilian Primary Care MD, a Sleep Study,a letter from my MD that the CPAP was medical necessary and an Independent Medical Opinion, claimed just moved to Prep to Decision . . I hope I did everything correct? Any thoughts on if I missed anything.I will let everyone know how it goes
  8. I have a few questions that I hope this site can answer. Back in 2000 I joined the army national guard and was sent to AIT while there and living in the barracks we had what i guess is called hazing going on. I was the new guy who already had a unit patch, rank and a list of ribbons so i was already out of place in the barracks. At first stupid stuff like being called a FNG or a NUG and lifting my bunk off the ground while i was in it and slamming it to the ground, or a tossed bunk or my lock pooped and my locker tossed. Yes it pissed me off but nothing worth crying to the drill sergeants about. After a few weeks a couple of my class mates where standing around and laughing looking at pictures and one calls me over and ask me if i knew what Tea Bagging was i honestly had no clue and said making a cup of tea. Then the kids shows me a Polaroid picture of me asleep in my bunk and another male placing his private parts on my face. I was told that this had happened many times. I went down to the office and proceeded to inform our Senior drill sergeant/acting first sergeant who tell me he will look into it. I leave think of i reported shit is going to hit the fan. Instead the Senior Drill sergeant came upstairs into our bay and tells everyone to gather round. I was thinking her we go.. Instead he yells out that he understands some teas bagging on going on and that it was just gay to let another man put his bare nuts on your face and that he better not see any of that stuff going on. I was shocked and freaking out because I am not gay never was and never will be. After this i began getting threatened and call a blue falcon i was woken up one night to chem light being poured in my mouth and other night having actual pubic hair sprinkled over my face. Other times buckets of water would be thrown onto me in my bunk i was to hyper vigilant that if they could not get close enough to me to mess with me they would throw boots or other objects at me. I called and talked to my home unit PSNCO and told him what was going on and refereed me to contact our home SGM in charge of all training which i did. He told me to avoid them and he was making some calls. The next day i got called over to the base national Guard liaison SGM who proceeded to yell at me to suck it up and stop whining and that if i was such a xxxxx i never should have joined the Army. Again i reported it and WTF is going on. I left and called my home SGM and told him what had happened and he just said WTF and told me to keep my head down and avoid them at all cost that there was not much he could do from where he was. In the middle of all this i had slipped on some heavy ice and went down a flight of stairs and was on a profile and going through rehab for my knee and lower back. One mourning i got my Sick call slip signed before the battalion went on there run at 0400. The rule was no one is allowed up in the barracks during PT period which meant i had to go into the day room until my scheduled therapy time. I was the only on a profile at the time so it was just me. I screwed up and fell asleep and over slept (at this time i was barley sleeping so i crashed hard.) I woke up and saw the time was 0800 and freaked out ran up stairs changed uniforms and caught a cab to school. A few hours later one of our Drill Sergeants came and pulled me out of class and asked me why i missed my rehab appointment and i told him the truth. The next day at lunch time i was called into the office where the SR DS handed me a counseling statement and saying that i had forged a sick call slip to get out of PT. I said i never forged a slip and he said that i had filled out a slip and had them sign it and that i did not use the slip for it intended purpose and i was getting a AR15 i asked to see JAG and was told i would be taken within 3 days. 3 days went by and i asked one of the DS when i would be going to JAG and was told opps we forgot to schedule you. That afternoon i was called over to the SGM NGB Liaisons office again. Where he proceeded to yell at me for getting into trouble and pulled out another counseling statement and began writing that i had supposedly gotten 3 AR15's and that he was chaptering me out on a chapter 14. I said that i had not even received 1 yet that the only thing i got in trouble for i have not seen JAG for so 3 was impossible. At this point tons of yelling lots of curse words and a demand to shut the hell up and just sign the document i once again asked to see JAG and was told i would be scheduled. A few more days go by and i get called into the commanders office where he wants me to sign my chapter papers and i once again say i have not even seen JAG yet. He tells me it does not matter i am just being sent back to my unit with a Under Honorable Conditions and that as long as i do not get into any more trouble for 6 months it will convert to full Honorable. I get back to my unit and they place me on none reporting status and tell me to go to the VA for MH and to finish rehabbing my knee and back. I got turned away from the VA with them telling me that they had not received my medical files and that i did not have enough concurrent active duty time to qualify for services. I tell my unit and they hook me up with a civilian doc who ended up doing surgery on my knee less then a year later. During my recovery after surgery i get a letter in the mail that i was discharged from the National Guard and in the signature box just said soldier not available. I called my unit and they were just as shocked as i was and said that there was nothing they could do about it now. Years have gone by and i was diagnosed with severe anxiety and PTSD. This is the tricky part the Doctor who diagnosed me was a civilian i saw at his private practice but he also worked full time at a VA CBOC. I honestly tried to live in denial of what happend and began drinking and did some dumb things and that is all on me. I hit pretty low and began seeing a shrink who helped me quite drinking and helped me with some coping tools like caring a calendar around so i would stop forgetting stuff. About a year my counselor who was also a vet told me to apply to the VA for PTSD and i told him that i had tried back in 2002 and was denied because they could not locate any of my medical files or service files. I was told by a bunch of VFW guys that because i did not complete the training that i would never get approved anyway that i was technical never a soldier. MY counselor told me things have changed and to file again. So i did on my own we don't have and VSO's out where i live and they only come through once a month and they only alot 30 mins for you anyway. I am embarrassed that what happened to me did. I was supposed to be a soldier and stronger then that a defender to the weak how was i so weak that it happened to me. I chocked up my fear and filled out the 781 and sent it in. I submitted all my doctors and just last week got a letter in the mail telling me that what i wrote on my 781 was not enough they needed more. Also calling the 800 number they still can not find my medical file so that's a major problem. So i sit down a write out a 7 page explanation of before during and after and resubmit it. Can someone please tell me how this will work out and if denied then what. I was told that if they can not find proof they will not even give me a comp and penn appoint and just deny me. I do not know if i am strong enough to do a appeal and have to go tell my story in a court room... Can some please walk me through this process and help turn the crazy down in my brain a little bit please?
  9. I am only providing the information that show that a veteran with SC (Rated and Service Connected) PTSD could be eligible for the new Caregiver program that just started in May 2011. Others may be eligible and there is a lot more info out there! Hope this helps, I wanted to figure this out before applying with the wife. Here's the link to where I found the info: VA-2011-VHA-0012-0001.pdf (EDIT-since I posted this, the VA has moved the information that was attached to this link, and I have yet to find it elsewhere) Before I go further, I must say this. Although I am thankful for this benefit...I do find it backwards and unfortunate to not take care of the previous generations of veterans first. Thanks to YOU for MY freedom. Draggin' ___________________________________________________________________________________________________________ A veteran or servicemember is eligible for a Primary or Secondary Family Caregiver under this part if she or he meets all of the following requirements: a) The individual is a veteran b) The individual has a serious injury, including traumatic brain injury, psychological trauma, or other mental disorder, incurred or aggravated in the line of duty in the active military, naval, or air service on or after September 11, 2001. (PTSD). c) Such serious injury renders the individual in need of personal care services for a minimum of 6 continuous months (based on a clinical determination), based on any ONE of the following 4 clinical criteria: (Only showing #2 of the 4) 2. Need for supervision, assistance or protection based on symptoms or residuals of neurological or other impairment or injury is the 2nd alternative basis for a determination that an individual is in need of personal care services. Also stated as: Need for supervision or protection based on symptoms or residuals of neurological or other impairment or injury means requiring supervision or assistance for any of the following reasons (p.26): (1) Seizures (blackouts or lapses in mental awareness, etc.); (2) Difficulty with planning and organizing (such as the ability to adhere to medication regimen); (3) Safety risks (wandering outside the home, danger of falling, using electrical appliances, etc.); (4) Difficulty with sleep regulation; (5) Delusions or hallucinations; (6) Difficulty with recent memory;and (7) Self regulation (being able to moderate moods, agitation or aggression, etc.). d) A clinical determination has been made that it is in the best interest of the individual to participate in the program. e) Personal care services that would be provided by the Family Caregiver will not be simultaneously and regularly provided by or through another individual or entity. f) The individual agrees to receive care at home after VA designates a Family Caregiver. g) The individual agrees to receive ongoing care from a primary care team after VA designates a Family Caregiver.
  10. ptsd

    Ok! so........i went to my VSO this morning and we reviewed all the necessary C&P's and current stuff and she called the VARO....this is what she told me. the VARO was essentially looking for a nexus(medical opinion) for the PTSD/MST which they got and has been uploaded....they rated the bladder as secondary and don't need a nexus for the secondary condition.....the PA stated in her notes that it is more than likely (50% greater probability ) that the bladder is a comorbid to the PTSD, which in VA language is apparently the same thing as secondary condition. Everything has been uploaded and they are now waiting for the DRO. I feel a lot better about things now, but you never know. So........i am hopeful that its 100%.....if not, the VSO said we will do the NOD immediately about whatever i disagree with, but they believe it will be 100%......because i am already on SSDI and it is because of military service stuff. Now we wait! thanks for all the concern. Florida Nurse
  11. I'm not sure I'm in the right place but I'm looking for all the help I can. My husband, after 9 years, has decided he needs more help than he's getting. I'm proud of him for making this decision. My questions are, what are good military only ptsd programs? He will be inpatient or do a retreat and doesn't want to leave our home state of NC. I've googled and can't find anything good. Also, does his benefit pay get reduced? He is 100% p&t for tbi/ptsd. Last question is since I'm his caregiver and he will be going away for a month or so, will my caregiver pay be reduced or d/c until he is back? I greatly appreciate all the help!
  12. Hi, I am a victim of MST. I have a police report in graphic detail of the assault while I was serving active duty in the Army. The events (more than one) occurred 30 years ago, however, the images replay in my mind daily and to this day. I somehow managed to get through life and was married once and have three children. I have suffered internally (mentally) for years and have had a multitude of health problems including panic attacks and anxiety. I want to file for compensation, but also to get the mental help I know need through the VA I understand it there for me...if I can finally get myself to be able to talk about it with a counselor. I worked full time my entire life (now age 51) but was approved for SSD disability (civilian) for other medical conditions 3 years ago. When reading some of the blogs proving my MST is not a problem as I have the police report, however, how or what do they need to prove my suffering of panic attacks and PTSD to access if my life has been affected by the MST for compensation purposes. I have hid the MST events my entire life and even though I have taken anxiety medication on and off and even have seen a few counselors over the years I rarely talked about the MST and focused my sessions on other issues I think mostly so I didn't have to relive the events by talking about them. So again I am wondering if the proof is there for the MST what proof is needed that it had impaired my life in such a way that compensation would be awarded. I am not trying to find out how I can manipulate the system, but rather so that I can get an idea before putting myself through all the trauma of going through the application process if there is clearly no way I will even be awarded a disability rating if for example I do not have a trail of doctor's or psychiatry sessions stating I was talking about these events etc. to proved it has affected my life negatively.
  13. I am rated 100% for PTSD will going to groups cause me to lose my rating? I was hospitalized and they encouraged me to go to groups. They encouraged me to go to a rec therapy group and my psychiatrist over the phone encouraged me to attend a nightmare group. This is hard for me to do but seems like a step worth taking. My concern is they will take away my benefits the instant I attend a group. Is it true that you lose your benefits for attending a group?
  14. Am I the ONLY ONE OUTRAGED by this prejudiced, stigmatizing, doubled standard *%#! calling VETERANS drug addicts!! That is exactly what is happening here! Oh, Holy Mother of God! How are you all not speaking out about this injustice? We have bore the Injuries on the Battlefields resulting in lifetime injuries of pain and suffering to our Knees, from jumping out of planes, boats, trucks, helicopters; to our Necks and Spines from carrying the loads not meant for the human body; suffered the TBIs -with constant migraines....these are but a few that are DENIED their CHRONIC PAIN MEDS by the very Doctors in Chronic Pain Clinics by Anesthesiologists that receive their training from the Prestigious State of Art Pioneering STANFORD UNIVERSITY in CALIFORNIA who just released "National Pain Study" in clinicalpainadvisor.com, dated 5/27/16 - Where Sean Mackey, MD, PhD, Stanford Pain Management Center at Stanford University evaluated 5,300 Chronic Low Back individuals, "Do opioids make a difference to patients with Chronic Pain? The Answer was, YES!" When I presented this STUDY TO MY GMC. - She threw Secretary McDonald's Letter at me, dated 8/1/16 (yet C-SPAN didn't air until 8/12/16) and said, we are VA- not Stanford. Although, Stanford Residents and Surgeons, fill VA Hospitals to gain their experience, practicing on Veterans before they leave to get "real jobs." I have been a Successful, Functional, less Painful with my Significant Back Injury w Sciatica for over 10 years and now being told there will be no Opiates for Vets. I say to Secretary McDonald, it seems YOU want all Disabled Veterans to go to the Streets to find alternative pain medication. That seems to be CONGRESSES ANSWER TO VETERANS SINCE AGENT ORANGE and the Viet Nam War-altho it still has never been declared a WAR!! We need to Stop this AND STAND UNITED! Disabled Veterans are NOT Drug Addicts, we have fought the fight once, we should not have to endure another battlefield for the respect we have already earned. God Bless America! God Bless our Veterans still Fighting the Good Fight
  15. Some exams are just for the fun of it for VA. I am getting sooooooooooooooooooooo frustrated right now I can just scream!!!!!!!!!!!!!!!!!!!!!!!!! Put in claim for anxiety and another claim for Ptsd (didnt know they rated under one) ONLY after speaking with VA psychologist the first time. He eventually recommended me to speak with VA Psychiatrist for medicines to help me. Now i am seeing both of them I personally sent in my medical records with dates and hospital stay of stressor/ Buddy statements, etc. Went for exam with contractor. Spent 2 hours with him, he stated that he couldnt decide if I suffered from Ptsd with anxiety disorder and depression or more anxiety and depression. As I looked back at my sessions, I have been diagnosed with as Generalized Anxiety Disorder and Adjustment DO with depression from psychologist, but never PTSD. From VA Psychiatrist it states Insomnia, other trauma related anxiety, mood disorder, panic disorder, but AGAIN, never has written ptsd. First time ptsd was said to me was during the c&p exam by the VA contractor BUT, I am assuming the doc for the Ptsd wasnt clear enough in his wording because after all these months claim went back to gather evidence for a medical opinion and/or 2nd ptsd exam. I had requested my C-file and C/P notes in February, I am told they are behind and it could be 3-6 months before I get them. What on God's green earth could possibly be the hold up now?
  16. I was just rated 70% for PTSD bringing my total disability to 90%. I have worked very part-time as a bus driver but have been let go due to the meds I'm on and my PTSD. I am planning on applying for IU and SSDI. Is there one I should be applying for first or can they be applied for at the same time? Any thoughts and comments are very much appreciated!
  17. My Husband is rated totally and permanently 100% disabled with TBI; he also has severe PTSD, which is unrated. he is service connected for both of these problems. he also has several other health issues wich are probably service connected. I am also disabled due to multiple spinal injuries and have had three operations and may need to get another operation in the immediate future. My husband was in the military in the late 1970s. he applied for and received 100% V A compensation around 1997. my husband was married before and his wife died of cancer. we are newly married and I have a 9-year-old son that lives with us. we work together getting things done, but it is not easy due to my physical disabilities and his TBI/PTSD. also, I believe that my son may have some learning disabilities. we are now living in Europe and filling for U S visa's for my son and myself, but hope to move to California soon. the questions I have are: 1. Is my husband entitled to SMC, or any other extra benefits? 2. Do I qualify for chapter 35 educational benefits? 3. are there any other issues we should know about? Thank You for your help
  18. I recently went to a VA out east for my PTSD and was hospitalized for about two weeks. I am currently rated 100% and still have not gotten my first review exam yet. I got my records back from the hospitalization just now and there was an invention by one of the doctors. I got my PTSD from working at the USDB as a correctional specialist. The doctor in his notes said I worked for the department of corrections which I never have. Will this impact me in the review of my compensation? Should I try to have some kind of correction made if possible? If so how?
  19. Tbird has very good info at the hadit Home page on IMOs. I reworked a topic I posted here some time ago.and maybe it can be found better now: Independent Medical Opinions can often be the only way a veteran or widow can succeed on a VA claim. VA plays a war game called the War of the Words. The proper wording of an IMO is critical to VA's acceptance of it, as probative evidence. Opinions obtained from private treating doctors are often free yet most independent medical opinions are needed from doctors with full expertise in the field of the disability and can be very costly. However an award can easily absorb this cost with a few comp checks or the increases in comp that the claimant might never obtain without an IMO. A Valid IMO must contain the following: The doctor must have all medical records available and refer to them directly in the opinion. In cases involving an in-service nexus- the doctor needs to read and refer to the SMRs. Also the doc needs to have all prior SOC decisions from VA ,particularly those referencing any VA medical opinions and a copy of the actual C & P results is even better. The SOC or SSOC could parse or manipulate critical statements in the actual C & P exam. The IMO doctor should define their medical expertise as to how their background makes their opinion valid. They should be willing to attach to the IMO their CV (Curriculum Vitae that contains their medical background and any other info pertinent ,such as any symposiums they attended, articles they had published etc etc,if possible, that show their expertise .) A psychiatrist cannot really opine on a cardiovascular disease. An internist cannot really opine on a depression claim. They need to have expertise in the field of the disability you have claimed to make their IMO valid. They should rule out any other potential etiology if they can-but for service as causing the disability. They should briefly quote from and cite any established medical principles or treatises that support their opinion. They should point out any discrepancies in any VA examiner’s opinion-such as the VA doctor not considering pertinent evidence of record in the veteran’s SMRs or Clinical record. They should fully provide medical rationale to rebutt anything that is not medically sound nor relevant or appropriate in the VA doctor’s opinion. They should then refer to specific medical evidence to support their conclusion. They must use these terms: (VA is familiar with these terms) "Is due to- 100% More likely than not- Greater than 50% At least as likely as not- 50% (Benefit of doubt goes to Vet) Not at least as likely as not- Less than 50% Is not due to- 0% from an post by carlie “ It helps considerably to identify pertinent documents in your SMRs and medical records with easily seen labels as well as to list and identify these specific documents in a cover letter that requests the medical opinion. A good IMO doctor reads everything you send but this makes it a little easier for them to prepare the IMO as to referencing specific records. Send the VA and your vet rep copies of the signed IMO. And make sure your rep sends them a 21-4138 in support of it- you also- can send this form (available at the VA web site) as a cover letter highlighting this evidence. PS- Mental disabilities- make sure the doctor states that you are competent to handle your own funds- otherwise, if a big retro award is due-the VA might attempt to declare you incompetent and it takes times to find and have the VA approve of a payee. (unfortunately many PTSD claims these days depend on a VA MH professionals diagnosis of PTSD and an IMO diagnosing PTSD will not be accepted by the VA. See our PTSD forum for the 2010 regs on that. I need to add here that a secondary condition to an established SC condition wold not need the IMO doctor to read all of the SMRs. They just have to state with medical rationale why the second claimed disabilty is due to (secondary to) the initial SC disability. IMO docs must avoid words like 'maybe', 'possibly', 'could ' or 'might' be related to, or any other wording that VA could construe as speculative and then disregard the IMO for that reason. On the other hand the IMO doc should look for any purely speculative statements in the C & P exam report or in the C & P and overcome those statements by stating they are mere speculation and have no medical basis. DIC claims IMOs are different and the IMO doctor needs the death certificate and any autopsy findings and any past C & Ps as well as the entire clinical record (to include SMRs in some cases) and copies of any and all private records. They need the rating info on the vet and what his or her SCs were for. If the immediate cause of death is NSC but a service connected disability substantially contributes to death, the VA should award DIC. Often this type of DIC claim definitely needs an IMO to clarify a substantial contribution to a NSC death. 1151 IMOs are different too. The IMO doctor must identify the exact nature of the negligence with direct referrals to the med recs. Then the IMO doctor must make a strong medical statement with a full medical rationale that the veteran has a documented disability that is directly due to the VA's negligence and give a full medical rational for that. It is a good idea for a 1151 IMO doc to also add abstracts or citations from known medical practices in the 'standard medical community' to bolster a 1151 claim. What I mean is showing the VA proof that non VA doctors (the standard medical community) would have taken different steps to diagnose and treat the veteran and the VA's “omission” of these proper medical steps caused the veteran's additional and documented disability. Hope this all helps someone.
  20. good afternoon all, i am a new member on this, former US army reservist, and currently employed full time. i separated in 2009 but filed my claim in Aug 2015 (i wasnt aware as a reservist of only 6 yrs total enlistment that i could actually apply for anything). my decision finally moved in the Preparation for Decision phase two days ago, 6/21/2016. i have two questions: 1 - how quickly does it go from here?...(im guessing the answer is that there is no answer. everyone's claim is handled differently but has anyone experienced the claim to wrap up rather quickly from here?) 2 - i am trying to determine what sort of rating i may get for my mental health based off my C&P results. anyone with experience please take a look (below) and offer their opinion? thank you kindly for any assistance and response: SECTION I: ---------- 1. Diagnostic Summary --------------------- Does the Veteran have a diagnosis of PTSD that conforms to DSM-5 criteria based on today's evaluation? [X] Yes [ ] No ICD code: F 43.10 2. Current Diagnoses -------------------- a. Mental Disorder Diagnosis #1: PTSD ICD code: F 43.10 Mental Disorder Diagnosis #2: Unspecified Depressive Disorder ICD code: F32.9 -------------------------------------------------------- 4. Occupational and social impairment ------------------------------------- a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [X] Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care and conversation ****i know by definition this summary may fall within the 30% rating, but please continue reading below****** a. Medical record review: ------------------------- Was the Veteran's VA e-folder (VBMS or Virtual VA) reviewed? [X] Yes [ ] No Was the Veteran's VA claims file (hard copy paper C-file) reviewed? [ ] Yes [X] No If yes, list any records that were reviewed but were not included in the Veteran's VA claims file: If no, check all records reviewed: [ ] Military service treatment records [ ] Military service personnel records [ ] Military enlistment examination [ ] Military separation examination [X] Military post-deployment questionnaire [X] Department of Defense Form 214 Separation Documents [X] Veterans Health Administration medical records (VA treatment records) [ ] Civilian medical records [ ] Interviews with collateral witnesses (family and others who have known the Veteran before and after military service) [ ] No records were reviewed [ ] Other: 3. Stressors ------------ Describe one or more specific stressor event(s) the Veteran considers traumatic (may be pre-military, military, or post-military): a. Stressor #1: [censored] Does this stressor meet Criterion A (i.e., is it adequate to support the diagnosis of PTSD)? [X] Yes [ ] No Is the stressor related to the Veteran's fear of hostile military or terrorist activity? [X] Yes [ ] No Is the stressor related to personal assault, e.g. military sexual trauma? [ ] Yes [X] No d. Additional stressors: If additional stressors, describe (list using the above sequential format): Stressor #4 [censored] This stressor meets Criterion A; this stressor is related to the Veteran's fear of hostile military or terrorist activity; this stessor is not related to personal assualt. 4. PTSD Diagnostic Criteria --------------------------- Please check criteria used for establishing the current PTSD diagnosis. Do NOT mark symptoms below that are clearly not attributable to the Criteria A stressor/PTSD. Instead, overlapping symptoms clearly attributable to other things should be noted under #7 - Other symptoms. The diagnostic criteria for PTSD, referred to as Criteria A-H, are from the Diagnostic and Statistical Manual of Mental Disorders, 5th edition (DSM-5). Criterion A: Exposure to actual or threatened a) death, b) serious injury, c) sexual violation, in one or more of the following ways: [X] Directly experiencing the traumatic event(s) Criterion B: Presence of (one or more) of the following intrusion symptoms associated with the traumatic event(s), beginning after the traumatic event(s) occurred: [X] Recurrent, involuntary, and intrusive distressing memories of the traumatic event(s). Criterion C: Persistent avoidance of stimuli associated with the traumatic event(s), beginning after the traumatic events(s) occurred, as evidenced by one or both of the following: [X] Avoidance of or efforts to avoid external reminders (people, places, conversations, activities, objects, situations) that arouse distressing memories, thoughts, or feelings about or closely associated with the traumatic event(s). Criterion D: Negative alterations in cognitions and mood associated with the traumatic event(s), beginning or worsening after the traumatic event(s) occurred, as evidenced by two (or more) of the following: [X] Persistent, distorted cognitions about the cause or consequences of the traumatic event(s) that lead to the individual to blame himself/herself or others. [X] Feelings of detachment or estrangement from others. Criterion E: Marked alterations in arousal and reactivity associated with the traumatic event(s), beginning or worsening after the traumatic event(s) occurred, as evidenced by two (or more) of the following: [X] Hypervigilance. [X] Problems with concentration. [X] Sleep disturbance (e.g., difficulty falling or staying asleep or restless sleep). Criterion F: [X] Duration of the disturbance (Criteria B, C, D, and E) is more than 1 month. Criterion G: [X] The disturbance causes clinically significant distress or impairment in social, occupational, or other important areas of functioning. Criterion H: [X] The disturbance is not attributable to the physiological effects of a substance (e.g., medication, alcohol) or another medical condition. Criterion I: Which stressor(s) contributed to the Veteran's PTSD diagnosis?: [X] Stressor #1 [X] Other, please indicate stressor number (i.e., Stressor #4, #5, etc.) as indicated above: Stressor #4 5. Symptoms ----------- For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [this is a 30% symptom] [X] Anxiety [30% symptom] [X] Suspiciousness [30% symptom] [X] Panic attacks more than once a week [this is a 50% symptom] [X] Chronic sleep impairment [30% symptom] [X] Flattened affect [50% symptom] [X] Disturbances of motivation and mood [50% symptom] ****the symptoms listed above fall under both 30% and 50% criteria, so i am uncertain whether they will consider both or make the decision based off the Summary at the begining of the report, which technically defines the 30% rating****** 9. Remarks, (including any testing results) if any -------------------------------------------------- Based on this examination and a review of the records, it is determined that the Veteran meets DSM-5 criteria for PTSD. It is further determined that this diagnosis is at least as likely as not (50/50 probability) a result of the identified in service stressors. The Veteran is also found to meet criteria for Unspecified Depressive Disorder. This diagnosis is determined to be at least as likely as not (50/50 probability) proximately due to or a result of the PTSD. The Veteran gives a credible account of stressors deemed consistent with his MOS, and with service in the identified combat theater. While there are no related service treatment records, post-deployment questionnaires suggest that Veteran was experiencing subjective distress at the time of his redeployment. The claimed anxiety and sleep disturbance are deemed to be symptoms of both of the current diagnoses. this ends my report. thank you again for anyone's response and assistance. [The Silent Warrior of the Army Team]
  21. This is how they worded it residuals of traumatic brain injury with cognitive disorder, short term memory losses/lapses, difficulty sleeping, problem solving with PTSD (to include cerebral contusion with diffuse axonal injury to bilateral frontal and temporal lo lobes. All they added was the words with PTSD which was at 70% before now 70% with the PTSD. How can they lump physical and Mental health all in one rating?
  22. How is this even possible? How do you have a TBI due to a vehicle accident state side and issues with problem solving with PTSD due which they wrote was due to terrorist activities lumped together? It makes no sense I know I have to appeal but this process is an endless pit to obsessions of searching past cases until my head explodes. Can anyone help me with this one? These two should be rated separately right?
  23. We briefly discussed 38 CFR 3.156 on last night's SVR show. 38 C.F.R. § 3.156© provides that “if the VA receives or associates with the claims file relevant service department records at any time after the VA first decides the claim, the VA will reconsider the claim, including the issue of awarding an effective date back to filing of the original claim”. This can become a powerful tool for any vet who querstions their EED. As I mentioned at SVR I would give some examples of how this important regulation works as to the significance of part 'C' of 3.156: "As service records which were not of record at the time of the November 1995 rating decision were, at least in part, the basis of the award of service connection for PTSD in the February 2004 rating decision, the governing regulation makes clear that the award of service connection should be effective on the date entitlement arose or on the date VA received the previously decided claim, whichever is later. 38 C.F.R. § 3.156©. For all the foregoing reasons, the Board concludes that an effective date of September 27, 1995, but no earlier, for the award of service connection for PTSD, is warranted." 15 years more retro http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp10/files3/1026694.txt The following case the veteran was diagnosed with PTSD from a personal assault in service. She successfully received a better EED at the VARO level under 38 CFR 3.156 © but appealed that EED to the VA and succeeded: "Service medical records dated in November 1989, and received by the RO in May 2003, document that the veteran reported a history of depression, frequent trouble sleeping, and nervousness prior to discharge from service. Military personnel records in 1988 and 1989 reflect poor performance reviews. Subsequently, in a rating action of April 2004, the RO assigned an effective date of May 9, 2003, for the grant of service connection for PTSD; the RO granted service connection for PTSD based in part on the new service medical records. CONCLUSION OF LAW The criteria for the assignment of an effective date of December 1, 1989, for the grant of service connection for PTSD have been met. 38 U.S.C.A. § 5110 (West 2002); 38 C.F.R. § 3.400(q) (2) (2007); 38 C.F.R. § 3.156© (as amended, effective October 6, 2006). ORDER An effective date of December 1, 1989 for the grant of service connection for PTSD is granted." http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp07/Files4/0732603.txt Many years more retro because the veteran was right in appealing the initial EED. Also this summation of Mayhue by Veteranslaw.com might help someone too:as every advocate often needs to consider the ramifications of a potential 38 CFR 3.156© possibility. US CAVC decision: “ Mayhue v. Shinseki, 24 Vet.App. 273 (2011) (Mayhue clarifies two important principles: 1) To verify alleged stressors in PTSD claims, the VA must undertake its duty to assist. For example, the VA frequently asks the veteran to provide details of the claimed in-service stressors within a three-month period; Mayhue requires the VA to look at the claims file to see if this information already exists in the veteran’s claims file rather place the burden on the veteran to recall 40-year old events relating to the Vietnam Conflict, and 2) if a veteran requests a TDIU rating or submits evidence of unemployability, while the underlying claim is pending, the VA must consider all the evidence dating back to the filing of the underlying claim in assigning an effective date for a TDIU rating); see also Shipley v. Shinseki, 24 Vet.App. 458 (2011). Note: Be on the look out for the potential applicability of 38 C.F.R. § 3.156© which provides that if the VA receives or associates with the claims file relevant service department records at any time after the VA first decides the claim, the VA will reconsider the claim, including the issue of awarding an effective date back to filing of the original claim). “ http://www.veteranslaw.com/content/law-update
  24. Hello folks! I have recently submitted a claim with the VA to reopen my previously denied PTSD, depression diabetes and sleep apnea secondary to pain, medications, weight gain and depression and TBI and TBI residuals with headaches. I got a call yesterday from VES and I have never heard of them. Anyone have input on them? It looks like the only C&P they ordered was for TBI. Any reason why they wouldn't ask for a C&P for the other claimed conditions? Thanks for any and all help!
  25. Hello Fam, I am extremely new to claims, so please be nice :). I have searched the message board but still have a few questions on this process. Yesterday was my first out of three C&P exams. First was mental health, next will be audio, and last will be TBI. I spoke with the assessor for a little over an hour and at the end of the session the assessor stated they are submitting me for 100% PTSD social and occupational and the report should be submitted within 48 hours. This morning I contacted my C&P evaluation agency and they stated that after the last eval has been completed they will submit to the VA within a few days. This is all I really know so far. As I continue my search in what I need to know I have a few questions for you generous souls. 1. What does 100% social and occupational PTSD mean? Does this have anything to do with TDUI or UI? 2. If I receive claims from the other two exams will this bump me above 100%? Is this good/bad? 3. After I receive my claim how often do the PTSD re-xams take place? 4. The C&P agency stated that after they submit the VA should have my letter of disability in around a month. What happens next after I get this letter? Is this when the compensation starts? Thank you all for the time you have taken to read this. Please let me know if you have any questions for me. -OMA