She has not worked since 1983, and brings in a Social Security earnings statement detailing no income at all for many, many years.
This examiner discussed with her reasons for her lack of employment over the years.
She reports she used to work at a hospital, at a nursing home, stocking shelves at a store and on the cash registers.
The veteran reported that she had significant anxiety symptoms which involved excessive perspiration, especially on her hands.
She reported that when trying to take blood pressures, her hands
would be so wet, they would slide off the bulb that she had to squeeze.
If she touched paper, she reports the ink would smear. She had become
more intensely anxious when dealing with other people and reported she would leave " puddles" of moisture on the cash register keys.
In addition, she reported other more intense anxiety symptoms such as increased heartbeat, shortness of breath, intense anxiety, and lightheadedness.
She reports that on the way to work at a nursing home one time, she had to pull over and sit on the side of the road because her anxiety got to the point where it was inducing vomiting.
This veteran today discusses these symptoms in a rather dramatic
fashion and becomes tearful when describing them.
The veteran reports that she has not driven a car in many, many years, again due to her intense anxiety, feeling scared and feeling that she "can't think straight". when she is that nervous.
The veteran has been married for 43 years. She reports that they get along o.k. that she is often irritable, though her husband is supportive. She has two daughters and eight grandchildren.
And reports a good relationship with them and they and the husband
will help her out by driving her places. The veteran reports
that she has little in the way of close friendships, she is not
comfortable socializing. She does not like to go out to other people's homes. She reports that she does not go out even to restaurants out in the public, only about once a year.
She is highly anxious when out in the public, especially with
with a lot of people. She will only occasionally go out to a small
local store and reports her husband must do most of the grocery
shopping. She does have some acquaintances that she talks to on the
phone about once a month.
The veteran reports that some of her anxiety in public has to
do with her perception that others are noticing her own anxiety,
particularly her sweaty hands, and also she feels extremely
inadequate and feeling not as good as others and that she does not
fit in or have anything in common with people.
She spends her time mostly around the house, watering the plants,
around the yard, watching television, doing household chores.
She enjoys collecting dolls, which she often gets by looking
on the computer ( ebay). She reports she cannot go to doll shows
because of her anxiety. She reports that she is able to get out
to some yard sells at times, as these are more out in the open.
She denies legal problems.
Ingregrated Summary and Conclusion:
As noted above, this veteran continues to have severe problems with anxiety.
The exam request form ask about issues related to employability and specifically ask how it impacts about physical and sedentary employment potential.
The employability issue regarding sedentary versus physical seems irrevelant, as this women's severe anxiety seems to be severe enough that it would prohibit most employment.
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
Question
Josephine
August 20, 2008 C&P for Increase and TDIU
The veteran has not worked since the last exam.
She has not worked since 1983, and brings in a Social Security earnings statement detailing no income at all for many, many years.
This examiner discussed with her reasons for her lack of employment over the years.
She reports she used to work at a hospital, at a nursing home, stocking shelves at a store and on the cash registers.
The veteran reported that she had significant anxiety symptoms which involved excessive perspiration, especially on her hands.
She reported that when trying to take blood pressures, her hands
would be so wet, they would slide off the bulb that she had to squeeze.
If she touched paper, she reports the ink would smear. She had become
more intensely anxious when dealing with other people and reported she would leave " puddles" of moisture on the cash register keys.
In addition, she reported other more intense anxiety symptoms such as increased heartbeat, shortness of breath, intense anxiety, and lightheadedness.
She reports that on the way to work at a nursing home one time, she had to pull over and sit on the side of the road because her anxiety got to the point where it was inducing vomiting.
This veteran today discusses these symptoms in a rather dramatic
fashion and becomes tearful when describing them.
The veteran reports that she has not driven a car in many, many years, again due to her intense anxiety, feeling scared and feeling that she "can't think straight". when she is that nervous.
The veteran has been married for 43 years. She reports that they get along o.k. that she is often irritable, though her husband is supportive. She has two daughters and eight grandchildren.
And reports a good relationship with them and they and the husband
will help her out by driving her places. The veteran reports
that she has little in the way of close friendships, she is not
comfortable socializing. She does not like to go out to other people's homes. She reports that she does not go out even to restaurants out in the public, only about once a year.
She is highly anxious when out in the public, especially with
with a lot of people. She will only occasionally go out to a small
local store and reports her husband must do most of the grocery
shopping. She does have some acquaintances that she talks to on the
phone about once a month.
The veteran reports that some of her anxiety in public has to
do with her perception that others are noticing her own anxiety,
particularly her sweaty hands, and also she feels extremely
inadequate and feeling not as good as others and that she does not
fit in or have anything in common with people.
She spends her time mostly around the house, watering the plants,
around the yard, watching television, doing household chores.
She enjoys collecting dolls, which she often gets by looking
on the computer ( ebay). She reports she cannot go to doll shows
because of her anxiety. She reports that she is able to get out
to some yard sells at times, as these are more out in the open.
She denies legal problems.
Ingregrated Summary and Conclusion:
As noted above, this veteran continues to have severe problems with anxiety.
The exam request form ask about issues related to employability and specifically ask how it impacts about physical and sedentary employment potential.
The employability issue regarding sedentary versus physical seems irrevelant, as this women's severe anxiety seems to be severe enough that it would prohibit most employment.
Betty
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