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Found 15 results

  1. LHI just sent me the details for my C&P exam appointment. This is for a PTSD increase claim. I looked up the doctor and even though there wasn’t much on him I found that he is a child psychologist, doesn’t have many and good reviews, wrote a book about social justice for children with disabilities that he sells on Amazon for $12 and was deposed for his professional credentials. One review says ‘I can’t believe this guy still has his license’. I’m including a link to his creepy deposition. Where does LHI find these doctors and how can I get this changed? Do I go to VA and ask for another contractor or take it up with LHI? www.dpdlaw.com/weistuc.htm
  2. Odd item but back in 2015 when the rating decision came down for my husband's first claim, he downloaded his files. The C&P belonged to someone else. So, he went back to his VSO with the records and requested a copy of his c-file. The VSO listed the C&P belonging to another veteran that was in my husband's file as the main reason. This exam, that doesn't belong to him even though apparently this veteran had the same injury, is still in his c-file. Just wondering what we should do here. Has anyone experienced anything similar?
  3. Hello, I have C&P exams all in one day in January. Any advice on what to expect? Here's a synopsis on what I'm up against/working with. - PTSD increase is based off several years of VA mental health treatment and a Nexus letter written by my mental health doctor, which named PTSD, Depression, Chronic Pain Syndrome with depression, Panic D/O with Agoraphobia and survivor's guilt as a diagnosis (last 3 are recently added to records). - Knee pain- VA issued me a big knee brace and my primary care (tricare) orthopedics specialist just put me an Ankle-Foot Orthosis (AFO) brace because she says I have drop foot and weakened ankle support which tried to compensate for my weak knee/muscle strength - Foot pain- I reviewed all of my previous C&P exams and realized my foot pain rating had dropped from 30% to 10% because the rater misquoted me (lied) on the C&P exam. I told him these insoles and stuff didn't work. that my feet hurt all the time. He wrote, I said they were not effective insoles and I have to use all kinds of feet massages equipment to get through my work days. The primary care sent me to this foot pain doctor. All she did was cortisone shots (3 times) in my feet and tried to up-sell me on her brand of insoles. - Migraines- Been at zero percent since retirement. Last year I was hospitalized twice and misdiagnosed with having TIA and strokes/CVA. My VA advocate put in a secondary claim to my service connected cervical damage. End result not service connected for CVA/TIA. However, ALL TESTS revealed that I've never had a stroke. The neurologist diagnosed me with Hemiplegic Migraines. These rare migraines an mimic strokes, causing weakness on one side of the body. They can last from a few hours or in my case,first one lasted 3 months. The neurologist provided a letter stating that all of the hospital doctors had misdiagnosed me with having CVAa. He also diagnosed me with exertional headaches. I know I'm no more special than the millions of other veterans out here, but this "deny 'til they die" tactic is wearing me down. Thanks for any advice.
  4. I submitted a claim and was awarded compensation for "tinittus." The award packet/letter I recv'd from VA said that they thought I was also eligible for "Hearing Loss." As a result, I submitted my claim with the same reports and test results I had from two different private Audiologist Dr.'s. I then received a call two days ago asking me to schedule a C&P exam to do a hearing test. I explained to them that I had already gone through Extensive testing with two different Dr's (Audiologist and another M.D. at a Hearing and Balance center) and submitted all of that paperwork, along with my Medical records showing the issues I had while in the military. QUESTION: If I don't attend the C&P exam, will they just use the information I submitted from my private Doctors and my medical records or do I HAVE to have a C&P exam before they will award compensation? I have heard people say that I shouldn't go and they will just end up using the data I provided. Not sure if this is true or not. Look forward to your feedback and Happy New Year to all.
  5. This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA. VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
  6. Why does the VA continue to make it more difficult for us to view our C&P exams? First, they took away our access to exams done by contractors and now they delay our access to exams done at VAMCs. In the not too distant past, I was able to walk into the VAMC records department, fill out a form and instantly get copies of contractor performed exams. Now the VAMC no longer gets copies of those exams. They said they used to get a courtesy copy of the exams but they no longer get them. I say B.S. I had an exam done at the VAMC on September 11, 2020. I've been checking my VAMC medical records online every day waiting for a copy of the exam to show up there. A note is in there now saying that they won't put the exam in the records until after 30 days has passed. Why do something like that? I don't think it's always been that way. Maybe I can go to the VAMC records office and request a copy but who knows? It seems like VBA is making it difficult for us to view our exams before they are used to rate our claims. Don't forget that they also took away the 48 hour hold that the VSOs used to have to review our claims before they were finalized.
  7. My question is I finally received my Military Medical record from the VA after 17months, upon review I found the documentation of my problem with my hand joints swollen and painful. I have been seeing a Rheumatologist since 2009 when i got out after 20yrs of service. so my question is how should I submit the missing information i.e. DD FORM 2807-1 BLOCK 12 H, Swollen or Painful Joints and Block 29 12H 6 months now painful and swollen hands and finger joints, Block 30 12h, hand swelling in the AM, minimally controlled on Naproxen. This was documented January 7th 2009 during the time i was having my C&P Exams. Also when I submit this information to the VA would this be something I would be entitled to back pay? My Rheumatologist has told me she would write me a letter stating that this is more then likely the start of my problems with my hands. Also the sailors I work with will write buddy letters on how my hand will be swollen all the time along with my wife letter stating the pain that my hands cause me and limit my activities in working in the yard and on my house.
  8. I have a C&P exam coming up for my knees, While I was in service I served aboard 2 different ships, I hear that Ship board ladders are bad on your knees, I didn't start having a problem with my knees until we had our PRT test, during this time I was on recruiting duty, while I was running i slipped into a hole and fell, It was documented and I went to my private physician, he documented that there was swelling and the xray results showed Ostephytes on my left knee, it was sore for weeks, from there I feel like i over compensated for my right knee, I had knee replacement on my right knee last year, 9 years after I retired. I was diagnosed 6 years later after retiring that I had moderate to severe osteoarthritis in both knees. Any one experienced claims for this disease. just wondering and am nervous about my C&P exam that the examiner wont see it my way. Thanks
  9. Hi, I am curious and thought I would ask here. I was trying to find out what my effective date is. I reached out to the DAV to find out if they would be going back to 2011 since my initial C&P exam. Here below was there response: 10/20/11, you filed a claim 1/17/12, the VA said you failed to report to exams (FTR) 4/2/12, the VA deferred decisions on your back and GERD 3/11/13, the VA denied the claims because they said you failed to report to exams in 2012 12/31/13, you filed for your back and GERD again 11/27/15, the VA denied the claim THIS IS WHERE IT DROPS 7/14/17 you re-filed and attended exams, that is the date of service connection. If you wouldn’t have had over a year in between these then they could’ve gone back, but as you can see by the screen shot included, there was no activity between 2015 and 2017. Does this make sense the fact that I missed just single one year in 2016 of continuous reapplying that I can't go back to 2011?? I've tried to look all over the place to find something in the VA to support this but haven't found anything.
  10. I’ve done the VA claim-bit on my own. I don’t know if this is a mistake or not. I went to a c&p exam recently. I left somewhat confused. I never had a doctor tell me directly that she was recommending an increase as well as IU. She said though it was ultimately up to the rater. I don’t have her report because 30 days has not passed. I was at 50% for ptsd and 10% hearing loss. During the appointment the c&p doctor quoted a couple other reports where VA doctors I’ve seen at various clinics said that I had “long term, chronic and severe...” (Don’t want to get into the what). I find myself now obsessing if: 1. The c&p dr was lying to about her recommendations; 2. The c&p dr was telling the truth about the recommendations; 3. The rater will decrease my % 4. The rater will increase my% Ultimately it boils down to: How much weight does the rater put into the C&P dr recommendations? Could I really get IU if that dr did actually recommend it? what are the chances? The IU could help a lot, I’ve not been able to work much the past few years.
  11. I have 4 C&P exams this Friday. All for increases. (Migraine, PTSD/depression/anxiety/chronic pain/agoraphobia, bilateral foot pain and knee pain increase [including VA issued knee brace and civilian issued AFO foot brace]). Should I have my wife ad adult kids who both witness and suffer from my mood swings, depression, anxiety and antisocial like living on a daily basis? They can also talk about my constant leg pain and migraines. I also want my supervisor to do one regarding my migraines that have me leaving work early, alot. But that is a touchy subject, because I don't want me asking him to affect my employment. Also I hide a lot from them, to keep my job, like just suffer with headaches and migraines at work. Or fake my way through the day, pretending to want to be around people.
  12. How long does it take to get the Results of a C&P Reexamination back to the VA to work on my claim from a non VA doctor ? When can I see the results ?
  13. I just discovered that a C&P exam was held without me even knowing about it on August 16th. I just happened to see it in my Blue Button VA medical record download today. I have submitted a few claims last year. One in May and another in October. The VA combined my claims and back dated them to May 2018. The estimated completion date has jumped around 4 times. In July it jumped to an estimated completion date of 9 May 2019. At the beginning of August it jumped to 22 May 2019. It's still in the "Evidence gathering, review, and decision" phase. Does anybody know why they did a C&P without notifying me? Does anybody know what this means regarding my increase requests for the following? - VA exam for sleep apnea (Increase) -I'm trying to service connect my sleep apnea- I submitted Statements in Support of claim dating back to 2007. - VA exam for headaches (Increase)- I've been hospitalized twice in the past year diagnosed with hemiplegic migraines. They mimic strokes and can mess you up just like strokes. And exertional headaches. The worst headaches ever. I originally submitted a claim for TIA and stroke and got a 'not service connected'. Got the migraine diagnosis after they denied the claim, after the 2nd "stroke" episode. - 4138 and MTR for esophageal (Increase)- Not sure what this is for., but I di have a disc replacement in my neck....and my GERD is the weapon of demons.
  14. Hey guys, I don't know if I'm in the right place but i was needing some clarification. After fighting with the military for six years, the C&P examiner stated that my condition precludes me from any physical occupation. I developed asthma back in 2012, while in service. Is that typical wording for pretty much everyone? I guess my English isn't that great and i would like someone to please explain to me what that entails? The examiner also stated that there is a 50% chance or greater that my injury was incurred in the line of duty, does that mean that they service connected me? thank you for responding.
  15. 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: F43.10 2. Current Diagnoses -------------------- a. Mental Disorder Diagnosis #1: Post-traumatic stress disorder ICD code: F43.10 Mental Disorder Diagnosis #2: Cannabis use disorder, mild ICD code: F12.10 b. Medical diagnoses relevant to the understanding or management of the mental health disorder (to include TBI): No response provided. 3. Differentiation of symptoms ------------------------------ a. Does the Veteran have more than one mental disorder diagnosed? [X] Yes [ ] No b. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis? [X] Yes [ ] No [ ] Not applicable (N/A) If yes, list which symptoms are attributable to each diagnosis and discuss whether there is any clinical association between these diagnoses: Cannabis use disorder accounts for persistent use despite negative consequences and large amounts of time spent using. All other symptoms are due to the PTSD. c. Does the Veteran have a diagnosed traumatic brain injury (TBI)? [ ] Yes [X] No [ ] Not shown in records reviewed 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 b. For the indicated occupational and social impairment, is it possible to differentiate which impairment is caused by each mental disorder? [ ] Yes [X] No [ ] Not Applicable (N/A) If no, provide reason: Veteran has not had meaningful sobriety from cannabis in some time so it is not possible to determine the level of impairment caused by her PTSD alone. c. If a diagnosis of TBI exists, is it possible to differentiate which occupational and social impairment indicated above is caused by the TBI? [ ] Yes [ ] No [X] Not Applicable (N/A) family mental health (pre-military, military, and post-military): Veteran first received counseling services as a child, related to DCFS involvement. She reported a history of suicidal ideation and self-destructive behavior around age 7-8. One inpatient hospitalization at this time. Still with suicidal ideation, "I really hate being here," estimated once per day. Has engaged in reckless behavior, like fast driving. Cites children as deterrent. Also fears not succeeding and being chronically disabled. History of self-injurious behavior (cutting and burning) 4-5 years ago. Cries daily. Limited enjoyment of activities. Able to care for children. Unclear how much assistance she receives from family me mbers. "I feel like a bad mom." Does not have many friends. Prefers to be alone. Currently attending therapy once per week. Cannot discuss trauma because she becomes too distressed. "I constantly remember or think about ways I could have gotten away or done things differently. I feel like a weak person. I can't protect myself. How can I protect my children?" Taking medications Seroquel and Lamictal along with sleep aid (Trazodone). Medications not helpful. No adverse side effects. Misses 2 doses per week. Sleep disrupted by dreams of "being trapped." Weight fluctuates along with eating. Prefers not to sleep. Wants to stay alert to surroundings. Occasionally sees "shadows." d. Relevant legal and behavioral history (pre-military, military, and post-military): Juvenile legal involvement for stealing and truancy. History of fighting as a juvenile. e. Relevant substance abuse history (pre-military, military, and post-military): 1-2 grams cannabis daily. Able to be sober 1-2 years while looking for a job or while pregnant. No problems related to use. History of alcohol use, which she stopped due to father's history of alcoholism. f. Other, if any: No response provided. 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: 2 rapes by fellow service members 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? [ ] Yes [X] No Is the stressor related to personal assault, e.g. military sexual trauma? [X] Yes [ ] No If yes, please describe the markers that may substantiate the stressor. Unplanned pregnancy documented 9/4/2008. Delivery 5/4/2009. Disclosure of MST to multiple providers, including non-VA providers. Veteran's statement in support of claim dated 8/11/2018. 4. PTSD Diagnostic Criteria --------------------------- Note: Please check criteria used for establishing the current PTSD diagnosis. Do NOT mark symptoms below that are clearly not attributable to the Criterion 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 Criterion 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 violence, 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 to associated with the traumatic event(s), beginning after the traumatic event(s) occurred: [X] Intense or prolonged psychological distress at exposure internal or external cues that symbolize or resemble an aspect of the traumatic event(s). Criterion 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 distressing memories, thoughts, or feelings about or closely associated with traumatic event(s). "I Criterion 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) the following: [X] Persistent and exaggerated negative beliefs or expectations about oneself, others, or the world (e.g. I am bad,: "No one can be trusted,: "The world is completely dangerous,: "My whole nervous system is permanently ruined"). [X] Persistent, distorted cognitions about the cause or consequences of the traumatic event(s) that lead the individual to blame himself/herself or others. [X] Markedly diminished interest or participation in significant activities. [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] Reckless or self-destructive behavior. [X] Hypervigilance. [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 5. Symptoms ----------- For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [X] Anxiety [X] Suspiciousness [X] Chronic sleep impairment [X] Flattened affect [X] Disturbances of motivation and mood [X] Suicidal ideation 6. Behavioral Observations -------------------------- The Veteran arrived on time and alone for her appointment, and sat calmly in the waiting room until her name was called. She responded promptly, and walked steadily and without assistance. No psychomotor abnormalities, such as tics or tremor, were observed. The Veteran displayed fair eye contact and adequate grooming, and was generally cooperative with the evaluation. Her speech was spontaneous and fluent, with soft volume and slowed rate. She provided short responses to questions. The Veteran described her mood as "depressed." Affect was distressed, tearful, and congruent with her stated mood. Thought process was linear and organized. Associations were coherent. Thought content was without delusions or homicidal ideation. Veteran reported passive suicidal ideation without intent or plan. She has no firearms at home and cited deterrents for suicide. She planned to meet with her psychiatrist after her C&P appointment and was not considered an imminent risk of self harm. The Veteran reported atypcial hallucinations of music and shadows. She did not appear to be responding to internal stimuli during the evaluation. The Veteran was alert and oriented. Attention was intact via conversation. Intellect was estimated as average. Insight and judgment were thought to be intact. 7. Other symptoms ----------------- Does the Veteran have any other symptoms attributable to PTSD (and other mental disorders) that are not listed above? [ ] Yes [X] No 8. Competency ------------- Is the Veteran capable of managing his or her financial affairs? [X] Yes [ ] No 9. Remarks, (including any testing results) if any MEDICAL OPINION SUMMARY ----------------------- RESTATEMENT OF REQUESTED OPINION: a. Opinion from general remarks: Military Sexual Trauma (MST) b. Indicate type of exam for which opinion has been requested: Psych-PTSD Initial TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE CONNECTION ] a. The condition claimed was at least as likely as not (50% or greater probability) incurred in or caused by the claimed in-service injury, event or illness. c. Rationale: The Veteran meets minimum diagnostic criteria for post-traumatic stress disorder. The current level of severity is moderate. Veteran reported ongoing symptoms despite medications and therapy. It is at least as likely as not that the Veteran's PTSD is due to her reported military sexual trauma (MST). It is patently impossible to determine whether or not the veteran's claimed experiences of MST are factual based only upon the evidence provided in her claims file. To be clear, the veteran has reported that these incidents occurred and there is nothing contained in her service treatment records that contradicts her report. There is evidence to support her claim starting with the diagnosis of pregnancy on 9/4/2008. This examiner can see no reason to doubt the veracity of the MST events that she has reported. The veteran's ongoing mental health symptoms are consistent with symptoms often reported by individuals who have a history of sexual assault, which serves to further substantiate the claimed events. In light of the evidence reviewed today, and the veteran's self-report, it is the opinion of this examiner that it is at least as likely as not that the MST events reported above did in fact occur. The Veteran's diagnosis of cannabis use disorder is a separate diagnosis and is not secondary to the PTSD. The mental disorders of PTSD and cannabis use disorder affect the Veteran's occupational functioning in terms of her ability to get along with others and maintain concentration. No formal cognitive assessment was performed today, nor has any been documented in records. Veteran did not display any overt cognitive deficits. She reported she is largely independent for activities of daily living, including caring for her three children. She is able to drive a car.
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