hypertension Mental Disability

[labonte1000]

Hi everyone,

I'm just wondering if I could get some advice here. I'm currenlty 20% disabled, 10 for hypertension and 10 for generlized anxiety disorder.

Anyways I got out of Service in September of 2006 and filed a cliam for anxiety and hypertension, in may I received the letter of rating for 20%, But since I got out of service my panic attacks and anxiety symptoms have increased, and It really hard to look for a job that I can do. Right now its getting hard for me to leave the house, let alone work due to panic/anxiety. I also have ed due to the anxiety/panic. Can that be added on to my anxiety claim?

Just wondering if I'm doing this right, I hired a Va lawyer to help me try to increase my Va letter from 20%. I just feel like I can't do any of the jobs out there due to my public anxiety/panic. I don't have any paperwork on it besides whats in my military record. Will that work? I just don't want to go on any medication, I was already there and took pills in the military for a while and they only made things worse. Will I get to be reseen by a Va doctor for my claim to show them all my present problems. Any info would help, thanks everyone. I just feel at this time my rating for anxiety should be more than 10%

[labonte1000]

Hi right now, i dont' have private health insurance do to no job, so i would have to go to the Va mental doctor. I'll check my Bp meds for the side affects, for the ed, but i thinks its the anxiety. The Bp 10% is seperate from the anxiety 10%. Also the lawyer I have doesn't do SS disability. I'm having family members write letters, but i guess I'll make an appointment to a see someone in mental health.

[71M10]

With your separation date of 9/2006. I would assume you received your award letter in 2007?

Are you already looking at this as a Notice of Disagreement(NOD)/appeal or are you pursuing this as a claim for increase (both of these terms may not be familiar to you)? I ask because it may be better for you to move this forward as a NOD (which needs to be filled within a year of the decision). I wouldn't ask for a reconsideration because I don't think that will stop the clock on your one year to appeal.

You might pick up a slight increase on a NOD without additional evidence beyond the fact that your unemployed/unemployable. I would imagine for IU or a substantial increase you will need additional medical opinions (outside of your service records) or treatment records (which would help substantiate the degree of impairment you suffer from).

Best regards,

Tyler

[labonte1000]

With your separation date of 9/2006. I would assume you received your award letter in 2007?

Are you already looking at this as a Notice of Disagreement(NOD)/appeal or are you pursuing this as a claim for increase (both of these terms may not be familiar to you)? I ask because it may be better for you to move this forward as a NOD (which needs to be filled within a year of the decision). I wouldn't ask for a reconsideration because I don't think that will stop the clock on your one year to appeal.

You might pick up a slight increase on a NOD without additional evidence beyond the fact that your unemployed/unemployable. I would imagine for IU or a substantial increase you will need additional medical opinions (outside of your service records) or treatment records (which would help substantiate the degree of impairment you suffer from).

Best regards,

Tyler

Hi Tyler,

Yes I got the letter in May of 2007 and I told the lawyer that, because I told him that i know about the 1 year deal. Can you explain the 1 year thing, because i really don't understand the differance. Is a nod quicker than the other? And Lets say you get 100% or even a big increase, if you tell the doctor the pills are working, will you lose your rating for example, I know you can't work on 100% mental or IU. But what if you tell the doctor they help, otherwise wouldn't you be changing pills all the time? I got another question say I'm 100% for mental, can I write a book, I always wanted to write, or will that be held against me when they check IRS records. Thanks tyler and Happy Thanksgiving. Why do you know so much on this?

[carlie]

lab,

If you have medical evidence that shows you should be rated at a higher percentage

file a Notice of Disagreement with the rating decision you received.

You may find it helpful to do some research on your claim using these links,

http://ecfr.gpoaccess.gov/cgi/t/text/text-...1.4&idno=38

http://ecfr.gpoaccess.gov/cgi/t/text/text-...1.5&idno=38

Hope this helps a vet,

carlie

[labonte1000]

I just want to thank everyone for helping out and happy thanksgiving to all

[71M10]

Hi Tyler,

Yes I got the letter in May of 2007 and I told the lawyer that, because I told him that i know about the 1 year deal. Can you explain the 1 year thing, because i really don't understand the differance. Is a nod quicker than the other? And Lets say you get 100% or even a big increase, if you tell the doctor the pills are working, will you lose your rating for example, I know you can't work on 100% mental or IU. But what if you tell the doctor they help, otherwise wouldn't you be changing pills all the time? I got another question say I'm 100% for mental, can I write a book, I always wanted to write, or will that be held against me when they check IRS records. Thanks tyler and Happy Thanksgiving. Why do you know so much on this?

I know very little on how the VA evaluates mental disorders(I am learning lots about spine and arthritis though), my suggestion (slight increase on NOD) is based on a belief that the VA low-balls (this belief is reinforced by my limited personal experience with them). The NOD vs Reconsideration and year limit, I was recently walked through that whole process by other good people here on site. As I understand it the DRO process will stay at your local VARO (good or bad?). The DRO is supposed to make a complete review of your claim and I believe issue a new rating decision independent of what your first rating decision said (based on evidence in the c-file and any additional evidence forwarded from date of decision). This new decision may not change the proposed rating, but it should be based on a fresh review of the evidence and not a rubber stamp of what the previous rating officer decieded. If you don't choose the DRO you go to BVA after the VARO does some leg work and prepares your file for forwarding to the BVA. The BVA's backlog tends to be longer than the backlog at your VARO becuase they are servicing the whole country.

I personally, would not pass on therapy or medications for my own back/blood pressure. I also try to communicate clearly with my doctors that I don't want opiods(pain pills) that are just going to cover the pain an leave me loopy, tired or in a fog. I recognize as my condition deteriorates I might re-think that :) I mention this because I don't like the hollow/numb feeling they leave me with. I can only imagine how hard it is for people with psychiatric treatment to get the right mix of medications and theraphy. I would focus on taking care of yourself compared to what will happen to your ratings with the VA. Do the best for you in all things: treatment, life choices, ..... and most of all agressively persue the benefits due to you!

The main purpose in my post was to clarify if you were appealing or re-opening. I didn't want you to miss out on the option of an appeal or DRO, if you wern't aware of the 1 year clock.

Best regards,

Tyler