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Berta...full Reply To My 1st Post Re: "just Got 21-8940.."

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hi again, BERTA Yes, I have a "chronic PTSD" diagnosis from VA Mental Health clinic, incl severe Depressive Disorder. Also, a Soc Sec ALJ that found fully for unemployability granted Disability Insurance Benefits stating, "...

medical evidence establishes that the claimant has the following 'severe' impairments: post-traumatic stress disorder, depressive disorder, diabetes mellitus, and osteoarthritis." Further he states, "...because of the claimant's PTSD as well as his depression, the undersigned finds that not only can the claimant not return to his past relevant work, but the specific skills he acquired would not be readily transferable to any other sedentary jobs." Note please, Berta, that I am 63 years old, though I was 58 when DIB was applied for. A congressman helped speed up!

> Yes, my MOS supports a hearing loss......with a combat record in Nam, was a rocket launcher (right-shoulder) gunner; that resulted in diminished bilateral hearing, but worse in my right ear. Am hoping for VA hearing aids which I suppose they won't give me unless TDIU(100%) is granted!

> You suggested that I check YES on item #18 of TDIU (Form 21-8940 ?). I was self-employed--a 1099er paid as an independent contractor on last job of my career--and finally just walked away from work and quit due to my inability to function physically and mentally. In 35 years of struggling with health issues, walked away or was

fired from about 25 or more jobs. Did work long enough to raise two kids! Question: Should I still check 'yes' when I had no Disability Retirement Benefits other than plans to file for Soc Sec Disability?

> When I voluntarily joined the USMC as Nam was cooking up, the Doc performing my physical checked box noting

"abnormal" for my feet and further hand-wrote "pes planum" on my documents. Had it not taken me over a year to

finally get those records from 1964, I would have claimed for pes planum when I refiled in late '05 for PTSD, etc.--(following a finding by VA for DMII in '04). My feet are DEAD from neuropathy which is slowly moving up my ankles,

yet VA denied my Neuropathy claim for secondary to DMII in '04! A nurse, noting that I dilligenty maintain an A1C

around 5.6 said, "that's likely why they denied me SC for neuropathy. Also, I reported during pre-diabetic stage that my feet were beginning to feel like plastic. So, in their denial explanation, they said that they doubted that the neuropathy was secondary because I complained of foot problems 24 months prior to hitting 400 blood sugar

numbers! To date, that decision has been the most discouraging miscarriage of justice of all the VA hassles for me.

> You feel my DMII rating (at 20%) seems low. So do I, regardless of the low A1C numbers that I work hard to keep! Should I not just submit a NOD on that rating AND on that bogus denial for (spreading) bilateral neuropathy?

> And FINALLY, Berta, I did receive paperwork after a reopen in Dec '05 for PTSD, HEARING, DIMINISHED EYESIGHT and MALE PROBLEMS. They primarily asked for more supporting evidence from any sources, and later set up 2 more C&P exams that, because of my move out of state which they new about--was unable to attend. I also signed a

form of some sort to request more time to locate and submit further evidence. It has taken me nearly 6 months to

get them to transfer my C-Files from Detroit RO to the Phoenix RO, 45 minutes from my permanent home in Arizona.

I apologize for being so wordy, Berta,...but your knowledgable assistance to many in this forum is comforting and so

promising for us. I've never networked with one in the past that offers more help for many that post so often.

Once, again... Thank you, Berta. Semper Fi - Winkjo

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  • HadIt.com Elder

I had the same problems with the VA denying neuropathy secondary to DMII. You can win this because PN is such a common complication of DMII. The VA is playing games with you. The VA granted me 10% for neuropathy on my feet but denied it on my upper. I just kept appealing and they rolled over eventually. Persistence!

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Semper Fi to you too Marine-

Yes I think you should still check yes and then explain to VA all of the conditions that you get SSA for.

They do understand why you could not get to those C & Ps- I hope-

Do you have a strong nexus that can be verified for the PTSD claim?

Do you have a private doctor or can you afford an independent medical opinion?

Reason I ask is a vet can bang their head against a wall with claims like this because the VA will come up with something every time they can- like with the PN.

A real doctor however can sort out the med evidence and if the VA doc is wrong, a IMO doctor can state this with full medical rationale.

I know exactly what you mean here and it is frustrating.

They even try to deny heart disease and strokes in DMII vets saying those conditions came before the DMII.

DMII is one of the most underdiagnosed diseases in the country so the ADA stats on that prove the VA wrong.

Make sure on the TDIU under # 25 you tell them of the visual problems, (possibly likely due to DMII), the ED due to DMII, and anything else such as the pes planus that is documented in your SMRs.

Also it seems to me they should not only rate the pes planus if you have had current treatment for this, but also the VA should consider that once the foot problems are documented,and SCed -even at "0" %- then the PN could be found aggravated by the SC feet and therefore granted as a secondary condition if not directly sced to the DMII.

It would help to attach a copy of the ALJ narrative to the TDIU form.

You might have enough to get a TDIU award right from the git go- but if not if might take an indepnedent medical opinion-

costly but then again the IMO cost can easily be gained back with a few TDIU checks.

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