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Found 4 results

  1. So I pretty much have my statements together. I feel pretty confident especially since I do have a CAB. However, I am already diagnosed with Chronic PTSD by my psychiatrist who works for the VA. I am also being treated by him with medication. And it helps me out alot. Will the doctor who I see during the examination judge me off of how he see's me in my current condition and say I am fine even though I am medication to help with PTSD? I typed up a very lengthy paragraph in the remarks section of the 21-0781 and stated two incidents like directed. Surely they wouldnt judge on my current well being because I am being treated. Also it has been 1 year and 3 months since I got out, and I have been on medication for about 2 and a half months. Also, one of my parents committed suicide a day after I got back from deployment. I was on the fence about bringing this up, but I would be lying through my teeth if I brought up all the things that happened since I was 19 and didnt bring this up. Will this hurt my case in any way?
  2. Got a new primary care doctor who is very condescending and refuses to listen to me about how my care is fine. Been at this VA for 13 years with same Primary care doctor and we had everything dialed in on my Medications and Narcotics for pain. Took one look at my prescriptions and already wanted to change my narcotics the first day. I told her they are fine, just as they have been for the last three years. I just saw my old Primary doctor a month ago for my year narcotics review and everything is on point. She immediately started spouting your taking to much, I'm not ( It was just reduced last year by 10mg a year ago against my adamant objection.) So, she ordered the usual blood and urine song and dance and I went an did it after my appointment at 4 pm in the afternoon. A week later I get a call that I need to go see the pain management clinic. I'm thinking why? I saw them a couple years ago and the current med plan is the one we came up with after months of trying all kinds of choices that would null my pain but still allow some daily activity. It was locked in, they were happy, I was sorta happy, and my primary then was happy that we found a good balance while not perfect was acceptable. Come to find out today, I stopped by after a phone call from my new Primary doctor's nurse to talk to them about my blood and urine test. I figure they found my levels were low or something stupid. NOPE. They found a trace amount of ethanol in my system and thats why I need to go to Pain Management to get off narcotics and start all over. I'm thinking, WTF? I didn't drink that day. I don't ever drink alcohol, don't even have any at my house? So instead of asking me why there was alcohol in my system. They berated me about you can't any alcohol at all why taking narcotics. EVER! NONE! I'm a damned adult! I think I can do as I please if it's not affecting me or my medication consumption. NO, you had alcohol in your system and that is alcohol and narcotics abuse. They both continued to verbally chastise me and tell me if I don't go to the pain management they were going to cancel all my narcotics. Went to patient advocate to tell him this isn't right to treat me like an idiot and hold hostage my pain as a means to wield their power to control how I live my life. He didn't seem to care, only stating that they are right, you can't have any alcohol ever. I also wanted to complain about my new Primary and her bitchy nurse an that they are unacceptable to be my Primary Care Doctor and I want to be assigned to someone else who has been here several years and not some doctor from Russia who got her medical degree from a box of cereal and Online college. Apparently you can only make a request to get a new Primary Doctor if the reason is good enough which is judged by some magical person he wouldn't tell me who gets to make this decision. They would let me know in 30 days. I know the doctor I would like. I had him several times when my Old Primary was out of office and when she needed a second opinion she would bring him in. But that is also against the rules. You cannot pick or choose any doctor you would like because you don't like your current doctor. WTF? So I might have to stay with this horrible doctor? Even though she has a god complex, likes jacking up years of work getting my meds correct, doesn't care what my old doctor has to say nor does she want to talk to her or review her old notes. SO, how can I dump this doctor? Keep My meds the same? Make the Patient Advocate get my doctor changed, an remove their ability to affect my medical records or my life until I get a doctor with common sense? Or pick the doctor I really want and trust?
  3. In a recent post about my upcoming DRO Review Asknod and I talked about whether or not medication and its making you better affects your rating, i.e. if im better with medication will the va reduce me or if i file a claim will i get a lower percentage? The answer it seems (and chime in if there is a case, recent ruling or CFR change we are unaware of) is that...It depends. Jones V. Shinseki (Click to read case) states that... "Thus, to the extent that the Court did not explicitly hold in Otero-Castro that the Board may not deny entitlement to a higher rating on the basis of relief provided by medication when those effects are not specifically contemplated by the rating criteria, it does so today. This ensures that all similarly structured DCs are interpreted and operate in the same manner so that diagnostic criteria are applied consistently. Therefore, as DC 7319 is silent as to the effects of medication, the Board erred in denying entitlement to a higher disability rating based on the relief provided by the appellant’s anti-acid (sic) medication." In laymens terms, if you DC (Diagnostic Code that your claim is evaluated under, example "headaches" can be under 8100 which is "migraines) does not specifically state anything regarding medication and how it makes you better or more able to function, etc. then it CANNOT BE CONSIDERED when rating you. Examples: 1) If you have migraines, but the docs give you a medication that helps make them better, more easier to deal with you CANNOT be rated lower based on how you feel now, but on how the illness affected you prior to going on the medications. 2) For Flatfoot (DC 5276) you can see below in the table they specifically mention if not improved by orthopedic shoes (a treatment) and you have the other symptoms mentioned you are due a 50% rating, however if your condition is better using the orthopedics, depending on your unique issues, you will not be due to the 50% rating. 5276 Flatfoot, acquired: Pronounced; marked pronation, extreme tenderness of plantar surfaces of the feet, marked inward displacement and severe spasm of the tendo achillis on manipulation, not improved by orthopedic shoes or appliances Bilateral50Unilateral30Severe; objective evidence of marked deformity (pronation, abduction, etc.), pain on manipulation and use accentuated, indication of swelling on use, characteristic callosities: Bilateral30Unilateral20Moderate; weight-bearing line over or medial to great toe, inward bowing of the tendo achillis, pain on manipulation and use of the feet, bilateral or unilateral10Mild; symptoms relieved by built-up shoe or arch support 3) In the Case of Hyperparathyroidism you will see specifically the words medication mentioned. So lets say you have this condition.... You take medication and you no longer have GI symptoms or weakness, but require and will continue to require medication, you are due 10% You take medication but you still have GI symptoms and weakness, you are due 60% You cannot take medication for one reason or another due to allergy, conflicting with other medications, etc. and you have GI symptoms and weakness you are due 60%. The VA can deny you 60% if you had the symptoms before but the medication eliminates it. there are of course numerous unique factors that could play your case differently. 7904 Hyperparathyroidism Generalized decalcification of bones, kidney stones, gastrointestinal symptoms (nausea, vomiting, anorexia, constipation, weight loss, or peptic ulcer), and weakness100Gastrointestinal symptoms and weakness60Continuous medication required for control10Note: Following surgery or treatment, evaluate as digestive, skeletal, renal, or cardiovascular residuals or as endocrine dysfunction. If you have been denied claims because the VA states that your medication has "ameliorated" the symptoms of your illness (VA speak for you dun got better) and you look in the 38 CFR and see NO mention of medications or treatments in the DC you were rated under you have a case to have that appealed and reverse (in my opinion, contact a lawyer for a true legal opinion). I wanted to put this out there for folks who are going to be submitting claims, initial or increase and have this concern or have had claims denied in the past because the VA said their medications made them better. Research your specific issue, first look and see what DC they rated you under and check that in the 38 cfr and make sure they didnt sell you on bad info. also read ASKNOD\'s article on this case specifically.
  4. I'm a journalist doing investigative reporting for Huffington Post and a book on issues related to mental health care. Because I'm still querying VA spokesmen and insiders, I'm not posting my full name and publication here, but I'll forward all my contact details and information and publications to anyone interested in speaking to me on or off the record. I'm looking into needless, preventable deaths or other major harm caused by overmedication due to psychotropic drugs, especially Seroquel. I'm also interested after the VA Phoenix scandal, how long waits are now for mental health therapy services, and is over-medication still widely practiced? I'm looking for recent examples of harm caused by these practices. Thanks, Art I hope the forum responders or administrator will let me know how I can directly communicate and respond to those interested in speaking to me. Sincerely,Art
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